Oklahoma § 36-937 - Hearing on order or decision by Commission made without a

§ 36-937. Hearing on order or decision by Commission made without a

hearing - Appeal to Supreme Court.

A. Any insurer or advisory organization aggrieved by any order

or decision of the Insurance Commissioner, made without a hearing,

may, within thirty (30) days after notice of the order to the

insurer or organization, make written request to the Commissioner

for a hearing thereon. The Commissioner shall hear such party or

parties within twenty (20) days after receipt of such request and

shall give not less than ten (10) days' written notice of the time

and place of the hearing. Within fifteen (15) days after such

hearing, the Commissioner shall affirm, reverse or modify the

previous action of the Commissioner, specifying its reasons

therefor. Pending such hearing and decision thereon, the

Commissioner may suspend or postpone the effective date of the

previous action of the Commissioner.

B. Nothing contained in this act shall require the observance

at any hearing, of formal rules of pleading or evidence.

C. Except as otherwise provided in this act, any order or

decision of the Commissioner made pursuant to this act shall be

subject to review by appeal to the Supreme Court of Oklahoma at the

instance of any party in interest. Such party in interest may

appeal from such order or decision by filing with the Clerk of the

Supreme Court, within thirty (30) days from the date of such order

or decision, a petition in error with a copy of the order or

decision appealed from. The time limit prescribed herein for filing

the petition in error may not be extended. The Supreme Court shall

prescribe, by rule, the manner in which the record of the

proceedings, sought to be reviewed, shall be perfected and the time

for its completion. The appeal shall not stay the execution of any

Oklahoma Statutes - Title 36. Insurance

order or decision of the Commissioner unless the Supreme Court

shall, for cause shown, order that said decision or order be stayed

pending such appeal, in which event the Court shall determine the

terms and conditions upon which the same shall be stayed; provided,

premiums collected prior to the effective date of the order of the

Court imposing a stay shall be retained by the insurer unless the

Court finds that such premiums were obtained by fraud, or unless

otherwise ordered by the Court.

The Court may, in disposing of the issue before it, determine

all issues of law and fact, and may modify, affirm or reverse the

order or decisions of the Commissioner in whole or in part.

Added by Laws 1980, c. 322, § 31, eff. Jan. 1, 1981. Amended by

Laws 1988, c. 28, § 1, eff. Nov. 1, 1988; Laws 2006, c. 264, § 25,

eff. July 1, 2006.