SECTION 85:1-3-19. Complaint procedure

(a)   The primary purpose of the complaint procedure is to assist consumers in obtaining a formal response from an institution or company under the jurisdiction of the Department (the respondent). If the undisputed facts indicate that a respondent has violated state or federal law with respect to the complaining party, the Commissioner may notify both the complaining party and the respondent and recommend a resolution to the complaint. The Commissioner may take other action against the respondent if the activity or violation identified in the complaint, and verified by the Commissioner, indicates a threat to the safety and soundness of the respondent or a violation of law enforced by the Department.

(b)   All complaints shall be on a form prescribed by the Commissioner. All complaints shall be answered by the Commissioner or the Commissioner's designee, without proceedings before the Board.

(c)   Unless determined by the Commissioner to be frivolous or not including facts that may entitle the complaining party to relief under applicable law, the Commissioner shall forward each complaint to the respondent named in the complaint. The respondent shall have 20 days to respond in writing to the complaint, unless such time is extended by the Commissioner for good cause.

(d ) The Commissioner shall not have jurisdiction to decide questions of fact raised by the parties to a complaint nor shall the Commissioner have authority to enforce, interpret, or avoid the provisions of a contract between the parties to a complaint. However, the Commissioner may inform the complaining party and respondent that a contract provision is contrary to established law.

(e)   Although a complaint may include a request for relief against a named respondent, a complaint will not result in adversary or other proceedings as described in these rules. Decisions of the Commissioner with respect to complaints shall be final as to the administrative process and no appeal or other proceedings shall be held before the Commissioner or Board with respect to complaints. Provided, however, decisions of the Commissioner shall not preclude, endorse or otherwise affect the rights of any person to pursue civil relief in a court of competent jurisdiction with respect to the issues presented in a complaint.

[Source: Added at 25 Ok Reg 1057, eff 5-25-08]