{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-405","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-405","heading":"Emergency cease and desist order - Hearing - Judicial","body":"review - Attorneys fees.\n\nA. On issuance of an emergency cease and desist order under\n\nSection 3 of this act, the Insurance Commissioner shall serve on the\n\nperson affected by the order, by registered or certified mail,\n\nreturn receipt requested, to the person's last-known address, or by\n\nother lawful means, an order that contains a statement of the\n\ncharges and requires the person immediately to cease and desist from\n\nthe violation of subsection A of Section 2 of this act.\n\nB. 1. If a person affected by an emergency cease and desist\n\norder seeks to contest that order, the person may request a hearing\n\nbefore the Insurance Commissioner. The person affected must request\n\nthe hearing not later than the thirtieth day after the date on which\n\nthe person receives the order. A request to contest an order must\n\nbe in writing and directed to the Insurance Commissioner and must\n\nstate the grounds for the request to set aside or modify the order.\n\n2. On receiving the request for a hearing, the Insurance\n\nCommissioner shall serve notice of the time and place of the hearing\n\nat which the person requesting the hearing shall have the\n\nopportunity to show cause why the order should not be affirmed. The\n\nhearing is to be held not later than the tenth day after the date\n\nthe Insurance Commissioner receives the request for a hearing unless\n\nthe parties mutually agree to a later hearing date.\n\n3. Pending the hearing, an emergency cease and desist order\n\ncontinues in full force and effect unless the order is stayed by the\n\nInsurance Commissioner.\n\n4. The hearing on the order shall be conducted according to the\n\nprocedures for contested cases under the Administrative Procedures\n\nAct.\n\n5. At the hearing, the Insurance Commissioner shall affirm,\n\nmodify or set aside in whole or in part the emergency cease and\n\ndesist order.\n\nC. A person aggrieved by a final order of the Insurance\n\nCommissioner pursuant to the Crimes By or Affecting Persons Engaged\n\nin the Business of Insurance Act may seek judicial review pursuant\n\nto Section 318 of Title 75 of the Oklahoma Statutes.\n\nD. The Insurance Commissioner may recover reasonable attorney\n\nfees if judicial action is necessary for enforcement of the order.\n\nE. A cease and desist order is final thirty-one (31) days after\n\nthe date it is received if the person affected by the order does not\n\nrequest a hearing as provided by subsection B of this section.","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":"faa8760b79e8be77d73acdafc00ec92fc6baf1c09deea5993b811b946cbd9fd1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-404","next":"us-ok/okla.-stat.-tit.-36-36-4055.1"},"notice":"GroundRules: Original legal text. Not legal advice."}