{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-6755","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-6755","heading":"Examination and enforcement of act","body":"A. After initial registration, and upon complaint or proper\n\ncause shown, providers, administrators, insurers or other persons\n\nshall be subject to periodic examination by the Insurance\n\nCommissioner, in the same manner and subject to the same terms and\n\nconditions that apply to insurers.\n\nB. The Commissioner may take action which is necessary or\n\nappropriate to enforce the provisions of the Oklahoma Home Service\n\nContract Act and the orders of the Commissioner and to protect\n\nservice contract holders in this state.\n\n1. If a provider has violated the Oklahoma Home Service\n\nContract Act or the Commissioner’s rules or orders, the Commissioner\n\nmay issue an order directed to that provider to cease and desist\n\nfrom committing violations of the Oklahoma Home Service Contract Act\n\nor the Commissioner's rules or orders, may issue an order\n\nprohibiting a service contract provider from selling or offering for\n\nsale service contracts in violation of the Oklahoma Home Service\n\nContract Act, suspend that provider’s registration or may issue an\n\norder imposing a civil penalty on that provider, or any combination\n\nof the following, as applicable:\n\na. a person aggrieved by an order issued under this\n\nparagraph may request a hearing before the\n\nCommissioner. The hearing request shall be filed with\n\nthe Commissioner within twenty (20) days of the date\n\nthe Commissioner's order is effective,\n\nb. if a hearing is requested, an order issued by the\n\nCommissioner under this section shall be suspended\n\nfrom the original effective date of the order until\n\ncompletion of the hearing and final decision of the\n\nCommissioner, and\n\nc. at the hearing, the burden shall be on the\n\nCommissioner to show why the order issued pursuant to\n\nthis paragraph is justified. The hearing requested\n\nunder this section shall be held in accordance with\n\nthe Administrative Procedures Act and the laws and\n\nrules of the Insurance Department.\n\n2. 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 Oklahoma Home\n\nService Contract Act or of the Commissioner’s orders or rules. An\n\naction filed under this paragraph may also seek restitution on\n\nbehalf of persons aggrieved by a violation of the Oklahoma Home\n\nService Contract Act or orders or rules of the Commissioner.\n\n3. A person who is found to have violated the Oklahoma Home\n\nService Contract Act or orders or rules of the Commissioner may be\n\nassessed a civil penalty in an amount determined by the Commissioner\n\nof not more than Five Hundred Dollars ($500.00) per violation and no\n\nmore than Ten 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 act, conduct, or practice\n\nwhich is determined to be a violation of the Oklahoma Home Service\n\nContract Act occurred. This act is administrative only and nothing\n\nin this act shall be construed to create a private cause of action\n\nhereunder.","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":"248503a81d65c98c060292914b67217234c7dbf76efec143f246cab9161d0f9c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-6754","next":"us-ok/okla.-stat.-tit.-36-36-676"},"notice":"GroundRules: Original legal text. Not legal advice."}