{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-1209","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-1209","heading":"Procedure as to unfair methods of competition and unfair","body":"or deceptive acts or practices which are not defined.\n\nA. Whenever the Insurance Commissioner shall have reason to\n\nbelieve that any person engaged in the business of insurance is\n\nengaging in this state in any method of competition or in any act or\n\npractice in the conduct of such business which is not defined in\n\nSection 1204 of this title, that the method of competition is unfair\n\nor that the act or practice is unfair or deceptive and that an\n\nadministrative proceeding in respect thereto would be to the\n\ninterest of the public, the Commissioner may issue and serve such\n\nperson a statement of the charges in that respect and a notice in\n\naccordance with the Administrative Procedures Act. The Commissioner\n\nshall, after a hearing or waiver of the right to a hearing, make a\n\nreport in writing stating findings as to the facts and serve a copy\n\nthereof upon such person.\n\nB. If such report charges a violation of this article and if\n\nsuch method of competition, act or practice has not been\n\ndiscontinued, the Commissioner may cause a petition to be filed in\n\nthe district court of Oklahoma County or the district court of this\n\nstate within the district wherein the person resides or has his or\n\nher principal place of business, to enjoin and restrain such person\n\nfrom engaging in such method, act or practice. The Commissioner may\n\nrequest the Attorney General to appear in the name of the state by\n\nrelation of the Commissioner. The court shall have jurisdiction of\n\nthe proceeding and shall have power to make and enter appropriate\n\norders in connection therewith and to issue such writs as are\n\nancillary to its jurisdiction or are necessary in its judgment to\n\nprevent injury to the public pendente lite.\n\nC. A transcript of the proceedings before the Commissioner\n\nincluding all evidence taken and the report and findings shall be\n\nfiled with such petition. If either party shall apply to the court\n\nfor leave to adduce additional evidence and shall show, to the\n\nsatisfaction of the court, that additional evidence is material and\n\nthere were reasonable grounds for the failure to adduce evidence in\n\nthe proceeding before the Commissioner, the court may order\n\nadditional evidence to be taken before the Commissioner and to be\n\nadduced upon the hearing in such manner and upon such terms and\n\nconditions as to the court may seem proper. The Commissioner may\n\nmodify findings of fact or make new findings by reason of the\n\nadditional evidence so taken, and he shall file such modified or new\n\nfindings with the return of such additional evidence.\n\nD. If the court finds that the method of competition complained\n\nof is unfair or that the act or practice complained of is unfair or\n\ndeceptive, that the proceeding by the Commissioner with respect\n\nthereto is to the interest of the public and that the findings of\n\nthe Commissioner are supported by the weight of the evidence, it\n\nshall issue its order enjoining and restraining the continuance of\n\nsuch method of competition, act or practice.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a6ed69409cfae7b8e5317bb51b16ec762c9a707190bebbe7340fc30f07618de8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-1208","next":"us-ok/okla.-stat.-tit.-36-36-121"},"notice":"GroundRules: Original legal text. Not legal advice."}