SECTION 365:1-7-9. Hearing procedure-emergency actions

(a)   If the public health, safety, or welfare imperatively requires emergency action, such action, including the suspension of a license instanter, may be ordered pending the final outcome of proceedings instituted by the Insurance Department. In such cases, the Insurance Department shall notify the affected individual or entity of such action by certified mail, return receipt requested, and shall include in such notice a provision that the individual or entity may request a hearing concerning the emergency action. A request for a hearing concerning the emergency action shall be made in writing to the legal division of the Insurance Department. Upon such written request for hearing, the Insurance Department shall conduct the hearing within ten business days after receipt of the request . The hearing shall be conducted by an independent hearing examiner. If an independent hearing examiner is not available within ten business days, the hearing shall be set within a reasonable time.

(b)   The individual or entity affected may make arrangements for a court reporter to be present at and record the hearing concerning the emergency action. All costs associated with the court reporter shall be borne by said individual or entity.

(c)   An individual or entity who requests a hearing pursuant to this regulation may appeal the ruling of the hearing examiner by filing a petition in Oklahoma County District Court, within thirty (30) days after the individual or entity is notified of the order of the hearing examiner. Copies of the petition shall be served upon the Insurance Department and all other parties of record, and proof of such service shall be filed in the district court within ten (10) days after the filing of the petition.

[Source: Added at 13 Ok Reg 3013, eff 7-15-96; Amended at 27 Ok Reg 1530, eff 7-14-10]