SECTION 365:1-1-5. Official actions

(a)   Official acts in writing and open to the public. All official acts of the Insurance Commissioner shall be evidenced by written record, and all final orders, decisions, opinions, rules, and other written statements of policy or interpretations formulated, adopted, or used in the discharge of the functions of the Insurance Commissioner shall be available for public inspection. Official action of the Insurance Commissioner shall not be bound or prejudiced by any informal statement or opinion made by the Commissioner or employees of the Commissioner.

(b)   Official action to be taken only in real cases, controversies or issues. Official actions shall only be taken on matters formally pending before the Insurance Commissioner for determination, and then only if such matter be an actual case, controversy, or issue.

(c)   Declaratory rulings. Official rulings may be made by and at the discretion of the Insurance Commissioner as to the applicability of any rule or order, if it be shown that an actual case, controversy, or issue is in contemplation on the hypotheses presented and that unreasonable hardship, loss or delay would result if the matter were not determined in advance. This Chapter shall not be interpreted as limiting the right of the Commissioner, on his/her own motion, to cause matters to become formally pending and to perform any function or duty prescribed by law, or rule or regulation.

[Source: Amended at 10 Ok Reg 1457, eff 5-1-93]