{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-1637","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-1637","heading":"Examination of registered insurers","body":"A. Subject to the limitation contained in this section and in\n\naddition to the powers which the Commissioner has under Sections\n\n309.1 through 309.7 of Title 36 of the Oklahoma Statutes relating to\n\nthe examination of insurers, the Commissioner shall have the power\n\nto examine any insurer registered under Section 5 of this act and\n\nits affiliates to ascertain the financial condition of the insurer,\n\nincluding the enterprise risk to the insurer by the ultimate\n\ncontrolling party, or by any entity or combination of entities\n\nwithin the insurance holding company system, or by the insurance\n\nholding company system on a consolidated basis.\n\nB. 1. The Commissioner may order any insurer registered under\n\nSection 5 of this act to produce such records, books or other\n\ninformation papers in the possession of the insurer or its\n\naffiliates as are reasonably necessary to determine compliance with\n\nTitle 36 of the Oklahoma Statutes.\n\n2. To determine compliance with Title 36 of the Oklahoma\n\nStatutes, the Commissioner may order any insurer registered under\n\nSection 5 of this act to produce information not in the possession\n\nof the insurer if the insurer can obtain access to such information\n\npursuant to contractual relationships, statutory obligations or\n\nother method. In the event the insurer cannot obtain the\n\ninformation requested by the Commissioner, the insurer shall provide\n\nthe Commissioner a detailed explanation of the reason that the\n\ninsurer cannot obtain the information and the identity of the holder\n\nof the information. Whenever it appears to the Commissioner that\n\nthe detailed explanation is without merit, the Commissioner may\n\nrequire, after notice and hearing, the insurer to pay a penalty of\n\nFive Hundred Dollars ($500.00) for each day's delay, or may suspend\n\nor revoke the insurer's license.\n\nC. The Commissioner may retain at the registered insurer's\n\nexpense such attorneys, actuaries, accountants and other experts not\n\notherwise a part of the Commissioner's staff as shall be reasonably\n\nnecessary to assist in the conduct of the examination under\n\nsubsection A of this section. Any persons so retained shall be\n\nunder the direction and control of the Commissioner and shall act in\n\na purely advisory capacity.\n\nD. Each registered insurer producing for examination records,\n\nbooks and papers pursuant to subsection A of this section shall be\n\nliable for and shall pay the expense of examination in accordance\n\nwith Section 309.6 of Title 36 of the Oklahoma Statutes.\n\nE. In the event the insurer fails to comply with an order, the\n\nCommissioner shall have the power to examine the affiliates to\n\nobtain the information. The Commissioner shall also have the power\n\nto issue subpoenas, to administer oaths, and to examine under oath\n\nany person for purposes of determining compliance with this section.\n\nUpon the failure or refusal of any person to obey a subpoena, the\n\nCommissioner may petition a court of competent jurisdiction, and\n\nupon proper showing, the court may enter an order compelling the\n\nwitness to appear and testify or produce documentary evidence.\n\nFailure to obey the court order shall be punishable as contempt of\n\ncourt. Every person shall be obliged to attend as a witness at the\n\nplace specified in the subpoena, when subpoenaed, anywhere within\n\nthe state. He or she shall be entitled to the fees and mileage, if\n\nclaimed, as provided for witness fees pursuant to Section 81 of\n\nTitle 28 of the Oklahoma Statutes, and such expense shall be\n\nitemized and charged against, and be paid by, the company being\n\nexamined.","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":"998f487032ce8efdcff717d9b9798523d2d4c9c16bba9db818eaa4210d9acdc4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-1636","next":"us-ok/okla.-stat.-tit.-36-36-1638"},"notice":"GroundRules: Original legal text. Not legal advice."}
