{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-1443","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-1443","heading":"Written agreement required - Examination, audit and","body":"inspection of records.\n\nA. No person shall act as an administrator without a written\n\nagreement between that person and an insurer. The written agreement\n\nshall be retained as part of the official records of both the\n\ninsurer and the administrator for the duration of the agreement and\n\nfor five (5) years thereafter.\n\nB. The written agreement required by the provisions of\n\nsubsection A of this section shall contain provisions stating any of\n\nthe requirements of the Third-party Administrator Act which apply to\n\nthe functions performed by the administrator.\n\nC. If a policy is issued to a trustee, a copy of the trust\n\nagreement and any amendments to the agreement shall be furnished to\n\nthe insurer by the administrator and shall be retained as part of\n\nthe official records of both the insurer and the administrator for\n\nthe duration of the policy and for five (5) years thereafter.\n\nD. Every administrator shall maintain at the principal\n\nadministrative office of the administrator for the duration of the\n\nagreement and for five (5) years thereafter the written agreement\n\nrequired by the provisions of this section and records of all\n\ntransactions among the administrator, insurers or trusts, and\n\ninsured persons.\n\nE. 1. For the purposes of examination, audit, and inspection,\n\nthe Insurance Commissioner or any other person in the course of\n\nexamination, audit and inspection shall have access to books and\n\nrecords maintained by the administrator. Any trade secrets\n\ncontained in these books and records, including the identity and\n\naddresses of policyholders and certificate holders, shall be\n\nconfidential.\n\n2. All work papers, recorded information, documents and copies\n\nthereof produced or obtained by or disclosed to the Commissioner or\n\nother person in the course of examination, audit and inspection made\n\npursuant to this section, or in the course of analysis by the\n\nCommissioner or other person in the course of examination, audit and\n\ninspection, shall be given confidential treatment by the\n\nCommissioner and may not be made public by the Commissioner or any\n\nother person who obtained the information in the course of the\n\nexamination, audit and inspection, except to the extent provided in\n\nthis section. Access may be granted to the National Association of\n\nInsurance Commissioners. The parties shall agree in writing prior\n\nto receiving the information to provide to it the same confidential\n\ntreatment as required by this section, unless the prior written\n\nconsent of the company to which it pertains has been obtained. The\n\nconfidentiality and protection from discovery by subpoena provided\n\nfor in this paragraph shall not be construed to be extended to\n\nidentical, similar or other related documents or information or to\n\nthe work papers that are not deemed to be in the possession, custody\n\nor control of the Commissioner.\n\n3. The Commissioner may use this information in any proceedings\n\ninstituted against the administrator.\n\nF. The insurer or trust shall have the right of continuing\n\naccess to books and records maintained by the administrator\n\nsufficient to permit the insurer or trust to fulfill all of its\n\ncontractual obligations to insured persons, subject to any\n\nrestriction in the written agreement between the insurer or trust\n\nand the administrator concerning the proprietary rights of the\n\nparties to said books and records.\n\nG. The agreement required by the provisions of this section\n\nshall include provisions stating the underwriting standards or other\n\nstandards pertaining to the business underwritten by the insurer or\n\ntrust.","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":"f123fc9418e5364ffb8b4b21715cac8953d5bd3232a3f02a83b87d0c0b3ff976","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-1442","next":"us-ok/okla.-stat.-tit.-36-36-1444"},"notice":"GroundRules: Original legal text. Not legal advice."}
