{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-309.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-309.4","heading":"Report of examination - Review by Commissioner -","body":"Investigatory hearing - Disclosure.\n\nA. All examination reports shall be comprised of only facts\n\nappearing upon the books, records, or other documents of the\n\ncompany, its agents or other persons examined, or as ascertained\n\nfrom the testimony of its officers or agents or other persons\n\nexamined concerning its affairs, and such conclusions and\n\nrecommendations as the examiners find reasonably warranted from such\n\nfacts.\n\nB. No later than thirty (30) days following completion of the\n\nexamination, the examiner in charge shall file with the Insurance\n\nDepartment a verified written report of examination under oath.\n\nUpon receipt of the verified report, the Department shall transmit\n\nthe report to the company examined, together with a notice which\n\nshall afford such company examined a reasonable opportunity of not\n\nmore than twenty (20) days to make a written submission or written\n\nrebuttal with respect to any matters contained in the examination\n\nreport.\n\nC. Within twenty (20) days of the end of the period allowed for\n\nthe receipt of written submissions or written rebuttals, the\n\nInsurance Commissioner shall fully consider and review the report,\n\ntogether with any written submissions or written rebuttals and any\n\nrelevant portions of the examiners' work papers and enter an order:\n\n1. Adopting the examination report as filed or with\n\nmodification or corrections. If the examination report reveals that\n\nthe company is operating in violation of any law, regulation or\n\nprior order of the Commissioner, the Commissioner may order the\n\ncompany to take any action the Commissioner considers necessary and\n\nappropriate to cure such violation;\n\n2. Rejecting the examination report with directions to the\n\nexaminers to reopen the examination for purposes of obtaining\n\nadditional data, documentation or information, and refiling pursuant\n\nto subsection A of this section; or\n\n3. Calling for an investigatory hearing with notice pursuant to\n\nthe Administrative Procedures Act to the company for purposes of\n\nobtaining additional documentation, data, information and testimony.\n\nD. 1. All orders entered pursuant to paragraph 1 of subsection\n\nC of this section shall be accompanied by findings and conclusions\n\nresulting from the Commissioner's consideration and review of the\n\nexamination report, relevant examiner work papers and any written\n\nsubmissions or rebuttals. Any such order shall be considered a\n\nfinal administrative decision and may be appealed pursuant to the\n\nAdministrative Procedures Act, and shall be served upon the company\n\nby certified mail, together with a copy of the adopted examination\n\nreport. Within thirty (30) days of the issuance of the adopted\n\nreport, the company shall file affidavits executed by each of its\n\ndirectors stating under oath that they have received a copy of the\n\nadopted report and related orders.\n\n2. Any hearing conducted pursuant to paragraph 3 of subsection\n\nC of this section by the Commissioner or authorized representative\n\nshall be conducted as a nonadversarial confidential investigatory\n\nproceeding as necessary for the resolution of any inconsistencies,\n\ndiscrepancies or disputed issues apparent upon the face of the filed\n\nexamination report or raised by or as a result of the Commissioner's\n\nreview of relevant work papers or by the written submission or\n\nrebuttal of the company. Within thirty (30) days of the conclusion\n\nof any such hearing, the Commissioner shall enter an order pursuant\n\nto paragraph 1 of subsection C of this section.\n\n3. The Commissioner shall not appoint an examiner as an\n\nauthorized representative to conduct the hearing. The Commissioner\n\nor a representative of the Commissioner may issue subpoenas for the\n\nattendance of any witnesses or the production of any documents\n\ndeemed relevant to the investigation whether under the control of\n\nthe Department, the company or other persons. The documents\nthis section.\n\n3. The Commissioner shall not appoint an examiner as an\n\nauthorized representative to conduct the hearing. The Commissioner\n\nor a representative of the Commissioner may issue subpoenas for the\n\nattendance of any witnesses or the production of any documents\n\ndeemed relevant to the investigation whether under the control of\n\nthe Department, the company or other persons. The documents\n\nproduced shall be included in the record, and testimony taken by the\n\nCommissioner or representative of the Commissioner shall be under\n\noath and preserved for the record.\n\n4. Nothing contained in this section shall require the\n\nDepartment to disclose any information or records which would\n\nindicate or show the existence or content of any investigation or\n\nactivity of a criminal justice agency.\n\n5. The hearing shall proceed with the Commissioner or a\n\nrepresentative of the Commissioner posing questions to the persons\n\nsubpoenaed. Thereafter the company and the Department may present\n\ntestimony relevant to the investigation. The company and the\n\nDepartment shall be permitted to make closing statements and may be\n\nrepresented by counsel of their choice.\n\nE. 1. Upon the adoption of the examination report under\n\nparagraph 1 of subsection C of this section, the Commissioner shall\n\ncontinue to hold the content of the examination report as private\n\nand confidential information for a period of two (2) days except to\n\nthe extent provided in subsection B of this section and subsection F\n\nof Section 309.3 of this title. Thereafter, the Commissioner may\n\nopen the report for public inspection so long as no court of\n\ncompetent jurisdiction has stayed its publication.\n\n2. Nothing contained in Sections 309.1 through 309.7 of this\n\ntitle shall prevent or be construed as prohibiting the Commissioner\n\nfrom disclosing the content of an examination report, preliminary\n\nexamination report or results, or any matter relating thereto, to\n\nthe insurance department of this or any other state or country, or\n\nto law enforcement officials of this or any other state or agency of\n\nthe federal government at any time, so long as such agency or office\n\nreceiving the report or matters relating thereto agrees in writing\n\nto hold it confidential and in a manner consistent with Sections\n\n309.1 through 309.7 of this title.\n\n3. In the event the Commissioner determines that regulatory\n\naction is appropriate as a result of any examination, the\n\nCommissioner may initiate any proceedings or actions as provided by\n\nlaw.\n\n4. No waiver of any applicable privilege or claim of\n\nconfidentiality in the documents, materials or information provided\n\nto the Commissioner shall occur as a result of disclosure to the\n\nCommissioner under this section or as a result of sharing as\n\nauthorized in subparagraph 2 of this paragraph.\n\nF. All working papers, recorded information, documents, data\n\ncalls, Market Conduct Annual Statements and copies thereof produced\n\nby, obtained by or disclosed to the Commissioner or any other person\n\nin the course of an examination made under Sections 309.1 through\n\n309.7 of this title, or in the course of analysis by the\n\nCommissioner or any other person of the financial condition or\n\nmarket conduct of a company, shall be given confidential treatment\n\nand are not subject to subpoena and may not be made public by the\n\nCommissioner or any other person, except to the extent provided in\n\nsubsection E of this section and subsection F of Section 309.3 of\n\nthis title. Access may also be granted to the National Association\n\nof Insurance Commissioners. Such parties shall agree in writing\n\nprior to receiving the information to provide to it the same\n\nconfidential treatment as required by this section, unless the prior\n\nwritten consent of the company to which it pertains has been\n\nobtained.","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":"ac84f7e72022dda0e12f374ed85cabba8c02d65ba12ce85d2ab8c9b9a65a2f0d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-309.3","next":"us-ok/okla.-stat.-tit.-36-36-309.5"},"notice":"GroundRules: Original legal text. Not legal advice."}