{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-6659","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-6659","heading":"Examination and enforcement by Commissioner - Notice and","body":"hearing - Civil penalty.\n\nA. The Insurance Commissioner may conduct examinations of\n\nwarrantors, administrators, or other persons to enforce the Vehicle\n\nProtection Product Act and protect warranty holders in this state.\n\nUpon request of the Commissioner, a warrantor shall make available\n\nfor the Commissioner all accounts, books, and records concerning\n\nvehicle protection products sold by the warrantor that are necessary\n\nto enable the Commissioner to reasonably determine compliance or\n\nnoncompliance with the Vehicle Protection Product Act. The\n\nexamination shall be conducted pursuant to Sections 309.1 through\n\n309.7 of Title 36 of the Oklahoma Statutes.\n\nB. The Commissioner may take action that is necessary or\n\nappropriate to enforce the provisions of the Vehicle Protection\n\nProduct Act and the Commissioner’s rules and orders and to protect\n\nwarranty holders in this state. If a warrantor engages in a pattern\n\nor practice of conduct that violates the Vehicle Protection Product\n\nAct and that the Commissioner reasonably believes threatens to\n\nrender the warrantor insolvent or cause irreparable loss or injury\n\nto the property or business of any person or company located in this\n\nstate, the Commissioner may:\n\n1. Issue an order directed to that warrantor to cease and\n\ndesist from engaging in further acts, practices, or transactions\n\nthat are causing the conduct;\n\n2. Issue an order prohibiting that warrantor from selling or\n\noffering for sale vehicle protection products in violation of the\n\nVehicle Protection Product Act;\n\n3. Issue an order imposing a civil penalty on that warrantor;\n\nor\n\n4. Issue any combination of the foregoing, as applicable.\n\nC. Prior to the effective date of any order issued pursuant to\n\nthis section, the Commissioner must provide written notice of the\n\norder to the warrantor and the opportunity for a hearing to be set\n\nwithin ten (10) business days after receipt of the notice, except\n\nprior notice and hearing shall not be required if the Commissioner\n\nreasonably believes that the warrantor has become, or is about to\n\nbecome, insolvent.\n\nD. A person aggrieved by an order issued under this section may\n\nrequest a hearing before the Commissioner. The hearing request\n\nshall be filed with the Commissioner within twenty (20) days after\n\nthe date the Commissioner’s order is effective, and the Commissioner\n\nmust set such a hearing within fifteen (15) days after the receipt\n\nof the hearing request.\n\nE. At the hearing, the burden shall be on the Commissioner to\n\nshow why the order issued pursuant to this section is justified.\n\nThe provisions of the Administrative Procedures Act shall apply to a\n\nhearing request under this section.\n\nF. The Commissioner may bring an action in any court of\n\ncompetent jurisdiction for an injunction or other appropriate relief\n\nto enjoin threatened or existing violations of the Vehicle\n\nProtection Product Act or of the Commissioner’s orders or rules. An\n\naction filed under this section also may seek restitution on behalf\n\nof persons aggrieved by a violation of the Vehicle Protection\n\nProduct Act or orders or rules of the Commissioner.\n\nG. A person who is found to have violated provisions of the\n\nVehicle Protection Product Act or orders or rules of the\n\nCommissioner may be ordered to pay to the Commissioner a civil\n\npenalty in an amount, determined by the Commissioner, of not more\n\nthan Five Hundred Dollars ($500.00) per violation and not more than\n\nTen Thousand Dollars ($10,000.00) in the aggregate for all\n\nviolations of a similar nature. For purposes of this section,\n\nviolations shall be of a similar nature if the violation consists of\n\nthe same or similar course of conduct, action, or practice,\n\nirrespective of the number of times the conduct, action, or practice\n\nthat is determined to be a violation of the Vehicle Protection\n\nProduct Act occurred.","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":"9e9f118a1ac349749c58f866f4cfcdb9d6d40d31d2682369765ce087c16fa3bb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-6658","next":"us-ok/okla.-stat.-tit.-36-36-6660"},"notice":"GroundRules: Original legal text. Not legal advice."}