{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-1938","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-1938","heading":"Delinquency proceedings – Procedures - Compensation of","body":"personnel.\n\nA. Upon written notice to the receiver, a person shall be\n\nplaced on the service list to receive notice of matters filed by the\n\nreceiver. It shall be the responsibility of the person requesting\n\nnotice to inform the receiver in writing of any changes to his or\n\nher address, or to request that his or her name be deleted from the\n\nservice list. The receiver may require that the persons on the\n\nservice list provide confirmation that they wish to remain on the\n\nservice list. Any person who fails to confirm his or her intent to\n\nremain on the service list may be purged from the service list.\n\nInclusion on the service list does not confer standing in the\n\ndelinquency proceeding to raise, appear, or be heard on any issue.\n\nB. Except as otherwise provided by this act, notice and hearing\n\nof any matter submitted by the receiver to the receivership court\n\nfor approval under this act shall be conducted as follows:\n\n1. The receiver shall file an application explaining the\n\nproposed action and the basis therefor. The receiver may include\n\nany evidence in support of the application. If the receiver\n\ndetermines that any documents supporting the application are\n\nconfidential, the receiver may submit them to the receivership court\n\nunder seal for in-camera inspection;\n\n2. The receiver shall provide notice of the application to all\n\npersons on the service list and any other parties as determined by\n\nthe receiver. Notice may be provided by first-class mail, postage\n\npaid, electronic mail, or facsimile transmission, at the receiver's\n\ndiscretion. For purposes of this section, notice is deemed to be\n\ngiven on the date that it is deposited with the U.S. Postmaster or\n\ntransmitted, as applicable, to the last-known address as shown on\n\nthe service list;\n\n3. Any party in interest objecting to the application shall\n\nfile an objection specifying the grounds therefor within fourteen\n\n(14) days or such longer time as the court may specify in the notice\n\nof the filing of the application and shall serve copies on the\n\nreceiver and any other persons served with the application within\n\nthe same time period. An objecting party shall have the burden of\n\nshowing why the receivership court should not authorize the proposed\n\naction;\n\n4. If no objection to the application is timely filed, the\n\nreceivership court may enter an order approving the application\n\nwithout a hearing or hold a hearing to determine if the receiver's\n\napplication should be approved. The receiver may request that the\n\nreceivership court enter an order or hold a hearing on an expedited\n\nbasis; and\n\n5. If an objection is timely filed, the receivership court may\n\nhold a hearing. If the receivership court approves the application\n\nand, upon a motion by the receiver, determines that the objection\n\nwas frivolous or filed merely for delay or for other improper\n\npurpose, the receivership court shall order the objecting party to\n\npay the receiver's reasonable costs and fees of defending the\n\naction.\n\nC. In any proceeding commenced against an insurer pursuant to\n\nArticle 18 by a judicial proceeding or Article 19 of this title for\n\nthe purpose of liquidating, rehabilitating, reorganizing or\n\nconserving such insurer, hereinafter called delinquency proceeding,\n\nthe compensation of personnel employed or retained to assist the\n\nInsurance Commissioner with the proceeding shall be approved by the\n\ncourt before the compensation may be paid. The Insurance\n\nCommissioner shall apply to the court for approval; provided, if any\n\nboard or association is authorized by the Commissioner to provide\n\nassistance to the Commissioner, the board or association shall apply\n\nto the court.\n\nD. Upon receiving the application for approval of compensation,\n\nthe party responsible for the filing of the application shall cause\n\nnotice in writing of the application, time to file objections, and\nard or association is authorized by the Commissioner to provide\n\nassistance to the Commissioner, the board or association shall apply\n\nto the court.\n\nD. Upon receiving the application for approval of compensation,\n\nthe party responsible for the filing of the application shall cause\n\nnotice in writing of the application, time to file objections, and\n\nhearing if there are objections, to be served upon the following\n\npersons not less than ten (10) days before the objection period\n\nexpires:\n\n1. The persons or firms requesting the compensation;\n\n2. The Commissioner, if not the applicant; and\n\n3. Ten persons, or such lesser number as there may be, who hold\n\nthe largest number of shares in the insurance company involved in\n\nthe delinquency proceeding, as indicated by the company's stock\n\nregister as of the time that the company was placed under\n\nsupervision pursuant to Section 1804 of this title or at the time\n\nthat an application was filed with the court for the commencement of\n\na delinquency proceeding pursuant to Section 1903 of this title.\n\nSaid shareholders shall serve as representatives of the insurance\n\ncompany.\n\nE. The notice shall state the time to file objections and place\n\nof the hearing if there are objections, the reasons for the hearing\n\nand the following rights of any party served with notice:\n\n1. To appear in person at the hearing or to be represented by\n\ncounsel;\n\n2. To testify under oath, call witnesses to testify, and\n\nfurnish documentary evidence, relevant to the determination of the\n\ncompensation;\n\n3. To cross-examine witnesses and have a reasonable opportunity\n\nto inspect all documentary evidence; and\n\n4. To subpoena witnesses and compel the production of testimony\n\nand documents, relevant to the determination of the compensation.\n\nThe person making service shall make an affidavit of such service\n\nand file the notice and affidavit with the court.\n\nF. At the hearing, the court shall fully investigate the\n\ncompensation of persons employed or retained to assist the Insurance\n\nCommissioner with the conduct of the delinquency proceeding. The\n\ncourt shall not approve the compensation until it has been made to\n\nappear to the satisfaction of the court, based upon competent\n\nevidence, that such compensation is justified.","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":"49dcdb78f5b25f48635b3c4ce4849cebaa942456a3681f6eaf9ae434b4501892","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-1937","next":"us-ok/okla.-stat.-tit.-36-36-2001"},"notice":"GroundRules: Original legal text. Not legal advice."}