Oklahoma § 36-901.4 - Hearings - Period of advisement - Additional

§ 36-901.4. Hearings - Period of advisement - Additional

information, analysis, consideration and investigation.

A. Not less than ten (10) days in advance of a meeting to

determine whether a hearing will be held, the Insurance Commissioner

shall give notice to each insurer or organization making the filing,

to each party to the filing and to any person who annually requests

in writing to be notified of filings made pursuant to this act, of

the date, time and location of any hearing or rehearing, the name of

the insurer or organization making the filing and of the parties to

the filing and a brief statement of the action requested in the

filing.

B. Hearings shall be open to the public.

C. Any person aggrieved with respect to a rate filing may make

written application to the Commissioner to participate in any

hearing called by the Commissioner. If the Commissioner finds the

application to be supported by reasonable grounds, it may allow the

applicant to appear in person or by counsel.

At the conclusion of any formal hearing and before the final

closing of such hearing, any party in interest upon timely request

shall be granted, as a matter of right, a continuance of twenty-four

(24) hours for the purpose of making examination and analyses of

documents introduced in the hearing.

D. The evidentiary procedures of the Administrative Procedures

Act shall apply to hearings conducted pursuant to this act.

E. Upon written request seasonably made by a person affected by

the hearing, and at such person's expense, the Commissioner shall

cause a full stenographic record of the proceedings to be made by a

competent court reporter. If transcribed, such record shall be a

part of the Commissioner’s record of the hearing, and a copy of such

Oklahoma Statutes - Title 36. Insurance

stenographic record shall be furnished to any other party having a

direct interest therein at the request and expense of such party.

F. Following a hearing on a filing made pursuant to this act,

the Commissioner may take the matter under advisement for up to

thirty (30) calendar days, subject to the provisions of Section 903

of this title.

G. At any time during the pendency of a filing, the

Commissioner may:

1. Require the submission of additional information by any

party to the filing;

2. Solicit proposals for independent analysis of the filing by

qualified technicians, such technicians to be chosen pursuant to the

provisions of Section 332 of this title;

3. Consider the findings of its employees or the technician;

and

4. Conduct other or additional investigations including

additional hearings.

Added by Laws 1987, c. 210, § 16, eff. July 1, 1987. Amended by

Laws 1991, c. 204, § 8, eff. Sept. 1, 1991; Laws 2006, c. 264, § 13,

eff. July 1, 2006.