reglab/housing_qa huggingface dataset:
36 OK Stat § 36-1416 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1416. State Innovation Waiver

|A. There is hereby authorized the creation and submission of a State Innovation Waiver for the purpose of creating Oklahoma health insurance products that improve health and healthcare quality while controlling costs. |B. The State Innovation Waiver may include multiple waiver submissions under federal waiver authorities, including:1. Waivers as provided in Section 1332 of the federal Affordable Care Act for the purpose of waiving certain federal insurance and tax regulations to create more state flexibility within the health insurance market; and2. Waivers as provided in Section 1115 of the federal Social Security Act for the purpose of participating in the Delivery System Reform Incentive Payment Program or uncompensated care pools or both the Delivery System Reform Incentive Payment Program and uncompensated care pools with the aim of incentivizing providers through payment for achieving better health outcomes.C. The State Innovation Waiver shall be created consistent with the innovation design plan developed through the Oklahoma Health Improvement Plan. It shall be presented to the Oklahoma Legislature along with a summary of comments received from public hearings and shall include the identification of specific provisions of the Affordable Care Act to be waived in the State of Oklahoma.D. Participating agencies, including but not limited to the State Department of Health, the Oklahoma Health Care Authority, the Department of Mental Health and Substance Abuse Services and the Insurance Department, shall develop the State Innovation Waiver with input from the private sector partners and various subject matter experts and submit any and all necessary information for approval to all relevant entities.E. The Insurance Department is hereby authorized to conduct rate review for the individual and small group health insurance market upon implementation of the State Innovation Waiver under Section 1332 of the federal Affordable Care Act.Added by Laws 2016, c. 306, § 1, eff. Nov. 1, 2016.
36 OK Stat § 36-1435.1 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1435.1. Short title - Application of act.

|A. This act shall be known and may be cited as the "Oklahoma Producer Licensing Act". |B. This act governs the qualifications and procedures for the licensing of insurance producers. It simplifies and organizes statutory language to improve efficiency, permits the use of new technology, and reduces costs associated with issuing and renewing insurance licenses.C. This act does not apply to excess and surplus lines agents and brokers licensed, except for Section 13 of this act and except where specifically referenced in this act.Added by Laws 2001, c. 156, § 1, eff. Nov 1, 2001.
36 OK Stat § 36-1435.3 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1435.3. Agency of insurance producer - Authority - Commissions.

|A. Every insurance producer, customer service representative, or limited lines producer who solicits or negotiates an application for insurance of any kind shall, in any controversy between the insured or the insured's beneficiary and the insurer, be regarded as representing the insurer and not the insured or the insured's beneficiary. This provision shall not affect the apparent authority of an insurance producer. |B. Every surplus lines insurance broker who solicits an application for insurance of any kind shall, in any controversy between the insured or the insured's beneficiary and the insurer issuing any policy upon such application, be regarded as representing the insured or the insured's beneficiary and not the insurer. Any company which directly or through its agents delivers in this state to any insurance broker, a policy of insurance pursuant to the application or request of such broker, acting for an insured other than himself or herself, shall be deemed to have authorized such broker to receive on its behalf, payment of any premium which is due on such policy of insurance at the time of its issuance or delivery.C. Every licensed insurance producer shall be entitled to commissions on all premiums collected for group insurance policies negotiated by the insurance producer on behalf of an insurer and an insurer shall be required to pay such commissions to the insurance producer, except entitlement to commissions shall automatically terminate without notice, effective on the date of the occurrence of any of the following events:1. The insurance producer’s license to engage in accident and health insurance business is terminated or revoked by the State of Oklahoma or any other public authority for cause. As used in this paragraph, "cause" shall be defined as perpetration by the insurance producer of fraud or embezzlement;2. Material breach of the insurance producer’s contract with the account or insurer, excluding production requirements;3. Termination of the insurance producer’s "Agent of Record" relationship with the employer or account; or4. Death of the insurance producer, unless the contract between the insurer states otherwise or the right to the commission has vested.Recovery of such commissions shall be through civil action. In any action brought pursuant to this subsection, the court may award reasonable attorneys fees to the prevailing party.Added by Laws 1980, c. 164, § 3, emerg. eff. April 15, 1980. Amended by Laws 1992, c. 261, § 2, eff. Sept. 1, 1992; Laws 1996, c. 246, § 2, eff. July 1, 1996; Laws 2001, c. 156, § 3, eff. Nov. 1, 2001. Renumbered from § 1423 of this title by Laws 2001, c. 156, § 35, eff. Nov. 1, 2001.
36 OK Stat § 36-1435.4 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1435.4. License required for selling, soliciting, or negotiating - Waiver of penalty.

|A. A person shall not sell, solicit, or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority in accordance with the Oklahoma Producer Licensing Act. |B. A penalty for selling, soliciting, negotiating, or procuring surplus lines insurance in this state without a surplus lines broker license shall be waived if the Insurance Commissioner receives an application for licensure as a surplus lines broker within thirty (30) days from the effective date of the policy at issue.Added by Laws 2001, c. 156, § 4, eff. Nov. 1, 2001. Amended by Laws 2008, c. 184, § 8, eff. July 1, 2008.
36 OK Stat § 36-1435.7 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1435.7. Applications for resident and business entity insurance producer licenses - Requirements for approval.

|A. A person applying for a resident insurance producer license shall make application to the Insurance Commissioner on the Uniform Application or an application approved by the Commissioner and declare under penalty of refusal, suspension or revocation of the license that the statements made in the application are true, correct and complete to the best of the individual's knowledge and belief. Before approving the application, the Insurance Commissioner shall find that the individual: |1. Is at least eighteen (18) years of age;2. Has not committed any act that is a ground for denial, suspension or revocation set forth in Section 1435.13 of this title;3. Has paid the fees set forth in Section 1435.23 of this title; and4. Has successfully passed the examinations for the lines of authority for which the person has applied.B. A business entity acting as an insurance producer is required to obtain an insurance producer license. Application shall be made using the Uniform Business Entity Application or an application approved by the Commissioner. Before approving the application, the Insurance Commissioner shall find that:1. The business entity has paid the fees set forth in Section 1435.23 of this title;2. The business entity has designated a licensed producer responsible for the business entity's compliance with the insurance laws, rules and regulations of this state;3. A domestic business entity is organized pursuant to the provisions of the laws of this state and maintains its principal place of business in this state; and4. No person whose license as an insurance producer has been revoked by order of the Commissioner, nor any business entity in which such person has a majority ownership interest, whether direct or indirect, owns any interest in the business entity licensed as an insurance producer.C. An applicant for any license required by the provisions of the Oklahoma Producer Licensing Act shall demonstrate to the Insurance Commissioner that the applicant is competent, trustworthy, financially responsible, and of good personal and business reputation.D. The Insurance Commissioner may require any documents reasonably necessary to verify the information contained in an application.Added by Laws 2001, c. 156, § 7, eff. Nov. 1, 2001. Amended by 2002, c. 307, § 14, eff. Nov. 1, 2002; Laws 2003, c. 150, § 3, eff. Nov. 1, 2003; Laws 2007, c. 125, § 10, eff. July 1, 2007; Laws 2007, c. 338, § 3, eff. July 1, 2007; Laws 2008, c. 184, § 10, eff. July 1, 2008; Laws 2009, c. 176, § 25, eff. Nov. 1, 2009; Laws 2011, c. 242, § 3 and Laws 2011, c. 293, § 3, eff. June 20, 2011.NOTE: Laws 2011, c. 242, § 3 and Laws 2011, c. 293, § 3 made identical changes to this section.
36 OK Stat § 36-1435.9 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1435.9. Nonresident producer license.

|A. Unless denied licensure pursuant to Section 1435.13 of this title, a nonresident person shall receive a nonresident producer license if: |1. The person is currently licensed as a resident and in good standing in that person's home state;2. The person has submitted the proper request for licensure and has paid the fees required by Section 1435.23 of this title;3. The person has submitted or transmitted to the Insurance Commissioner the application for licensure that the person submitted to the person's home state, or in lieu of the same, a completed Uniform Application; and4. The person's home state awards nonresident producer licenses to residents of this state on the same basis.B. Any nonresident application submitted pursuant to this section shall constitute the applicant’s designation of the Insurance Commissioner as the person upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of any interested person arising out of the insurance business of the applicant in this state. This designation constitutes an agreement that said service of process is of the same legal force and validity as personal service of process in this state upon the nonresident licensee.C. The Insurance Commissioner may verify the producer's licensing status through the Producer Database maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries.D. A nonresident producer who moves from one state to another state or a resident producer who moves from this state to another state shall file a change of address and provide certification from the new resident state within thirty (30) days of the change of legal residence.E. Notwithstanding any other provision of the Oklahoma Producer Licensing Act or of the Oklahoma Insurance Code, a person licensed as a surplus lines producer in that person's home state shall receive a nonresident surplus lines producer license pursuant to subsections A and B of this section.F. Notwithstanding any other provision of the Oklahoma Producer Licensing Act, a person licensed as a limited line credit insurance or other type of limited lines producer in that person's home state shall receive a nonresident limited lines producer license, pursuant to subsections A and B of this section, granting the same scope of authority as granted under the license issued by the producer's home state. For the purpose of this subsection, limited line insurance is any authority granted by the home state which restricts the authority of the license to less than the total authority prescribed in the associated major lines pursuant to subsection A of Section 1435.8 of this title.Added by Laws 2001, c. 156, § 9, eff. Nov. 1, 2001. Amended by Laws 2002, c. 307, § 16, eff. Nov. 1, 2002; Laws 2008, c. 184, § 11, eff. July 1, 2008.
36 OK Stat § 36-1435.10 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1435.10. Exemptions from examination requirement.

|A. The following are exempt from the requirement for an examination, if the Insurance Commissioner determines, in accordance with rules adopted by the Commissioner, that the applicant is cognizant of and capable of fulfilling the responsibilities of the license: |1. Any limited lines producer; and2. A title insurance producer licensed prior to November 1, 2006, who is an applicant for an aircraft title producer license.B. A person licensed as an insurance producer in another state who moves to this state shall make application to become a resident licensee within ninety (90) days of establishing legal residence in Oklahoma. No examination or continuing education shall be required of that person to obtain resident licensing for any line of authority held by the licensee in the prior state on the date legal residency was established in this state, except where the Insurance Commissioner determines otherwise by regulation.Added by Laws 1980, c. 164, § 6, emerg. eff. April 15, 1980. Amended by Laws 1983, c. 90, § 4, emerg. eff. May 9, 1983; Laws 1985, c. 258, § 3, eff. Nov. 1, 1985; Laws 1997, c. 418, § 79, eff. Nov. 1, 1997; Laws 2001, c. 156, § 10, eff. Nov. 1, 2001. Renumbered from § 1426 of this title by Laws 2001, c. 156, § 35, eff. Nov. 1, 2001. Amended by Laws 2006, c. 264, § 46, eff. July 1, 2006; Laws 2009, c. 176, § 27, eff. Nov. 1, 2009.
36 OK Stat § 36-1435.11 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1435.11. Use of assumed name.

|An insurance producer doing business under any name other than the producer's legal name is required to notify the Insurance Commissioner prior to using the assumed name. |Added by Laws 2001, c. 156, § 11, eff. Nov. 1, 2001.
36 OK Stat § 36-1435.12 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1435.12. Temporary license without examination – Protection of insureds and public.

|A. The Insurance Commissioner may issue a temporary license for a period not to exceed one hundred eighty (180) days without requiring an examination if the Insurance Commissioner deems that the temporary license is necessary for the servicing of an insurance business in the following cases: |1. To the surviving spouse or court-appointed personal representative of a licensed insurance producer who dies or becomes mentally or physically disabled to allow adequate time for the sale of the insurance business owned by the producer or for the recovery or return of the producer to the business or to provide for the training and licensing of new personnel to operate the producer's business;2. To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license;3. To the designee of a licensed insurance producer entering active service in the Armed Forces of the United States of America; or4. In any other circumstance in which the Insurance Commissioner deems that the public interest will best be served by the issuance of this license.B. The Insurance Commissioner may by order limit the authority of any temporary licensee in any way deemed necessary to protect insureds and the public. The Insurance Commissioner may require the temporary licensee to have a suitable sponsor who is a licensed producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The Insurance Commissioner may by order revoke a temporary license if the interest of insureds or the public are endangered. A temporary license may not continue after the owner or the personal representative disposes of the business. If the applicant fails to pass the licensure examination, the temporary license shall terminate automatically.C. As to a temporary agent's license issued because of the death or disability of an agent, no insurers shall be represented by the temporary licensee in addition to those represented by the deceased or disabled agent.D. The fee paid for the temporary license shall not be applied upon the fee for any permanent license of the same category issued to the licensee before expiration of the temporary license.E. No license issued pursuant to the provisions of subsection A of this section shall be effective for more than six (6) months. The Commissioner, in his discretion, may renew the license once upon proper application and for good cause. However, no temporary license shall be issued for any line of insurance to any applicant who has failed to pass the required examination.Added by Laws 2001, c. 156, § 12, eff. Nov. 1, 2001.
36 OK Stat § 36-1435.14 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1435.14. Payment or acceptance of commission, service fee, brokerage or other valuable consideration – Recipient to be licensed.

|A. An insurance company or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this state if that person is required to be licensed under this act and is not so licensed. |B. A person shall not accept a commission, service fee, brokerage or other valuable consideration for selling, soliciting or negotiating insurance in this state if that person is required to be licensed under this act and is not so licensed.C. Renewal or other deferred commissions may be paid to a person for selling, soliciting or negotiating insurance in this state if the person was required to be licensed under this act at the time of the sale, solicitation or negotiation and was so licensed at that time.D. An insurer or insurance producer may pay or assign commissions, service fees, brokerages or other valuable consideration to an insurance agency or to persons who do not sell, solicit or negotiate insurance in this state, unless the payment would violate Section 1204 of Title 36 of the Oklahoma Statutes.Added by Laws 2001, c. 156, § 14, eff. Nov. 1, 2001.
36 OK Stat § 36-1435.15 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1435.15. Appointment of producer as agent of insurer - Notice of appointment - Discrimination among producers - Penalties.

|A. An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed. |B. To appoint a producer as its agent, the appointing insurer, or an authorized representative of the insurer, shall file, in a format approved by the Insurance Commissioner, a notice of appointment within fifteen (15) days from the date the agent contract is executed, or the first insurance application is submitted. For purposes of this section, an "authorized representative of the insurer" means a person or entity licensed by the Commissioner pursuant to the laws of this state who is authorized in writing by the appointing insurer to file appointments for the appointing insurer. An insurer or authorized representative of an insurer may also elect to appoint a producer to all or some insurers within the insurer's holding company system or group by the filing of a single appointment request.C. Upon receipt of the notice of appointment, the Insurance Commissioner shall verify within a reasonable time not to exceed thirty (30) days that the insurance producer is eligible for appointment. If the insurance producer is determined to be ineligible for appointment, the Commissioner shall notify the insurer and the authorized representative of the insurer within five (5) days of its determination.D. An insurer or authorized representative of an insurer shall pay an appointment fee, in the amount and method of payment set forth in Section 1435.23 of this title, for each insurance producer appointed by the insurer for each insurer for which the insurance producer is appointed.E. It shall be unlawful for any insurer to discriminate among or between the insurance producers it has appointed. Any person or company convicted of violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by the imposition of a fine of not more than Five Hundred Dollars ($500.00) or imprisonment in the county jail for not less than six (6) months nor more than one (1) year, or be punished by both fine and imprisonment.Added by Laws 2001, c. 156, § 15, eff. Nov. 1, 2001. Amended by Laws 2002, c. 307, § 17, eff. Nov. 1, 2002; Laws 2007, c. 125, § 13, eff. July 1, 2007; Laws 2009, c. 176, § 28, eff. Nov. 1, 2009; Laws 2014, c. 275, § 7, eff. Nov. 1, 2014; Laws 2019, c. 294, § 4, eff. Nov. 1, 2019; Laws 2020, c. 37, § 1, eff. July 1, 2020.
36 OK Stat § 36-1435.17 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1435.17. Waiver of requirements for nonresident producers – Reciprocity – Continuing education requirements.

|A. The Insurance Commissioner shall waive any requirements for a nonresident producer license applicant with a valid license from the applicant’s home state, except the requirements imposed by Section 9 of this act, if the applicant’s home state awards nonresident licenses to residents of this state on the same basis. |B. A nonresident producer’s satisfaction of the producer’s home state’s continuing education requirements for licensed insurance producers shall constitute satisfaction of this state’s continuing education requirements if the nonresident producer’s home state recognizes the satisfaction of its continuing education requirements imposed upon producers from this state on the same basis.Added by Laws 2001, c. 156, § 17, eff. Nov. 1, 2001.
36 OK Stat § 36-1435.18 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1435.18. Administrative actions or criminal prosecutions against producer – Duty to report to Commissioner.

|A. Whether an applicant for, a person licensed as or a person seeking a renewal for a producer license, that person shall report to the Insurance Commissioner any administrative action taken against that person in another jurisdiction or by another governmental agency in this state within thirty (30) days of the final disposition of the matter. This report shall include a copy of the order, consent to order or other relevant legal documents. |B. Within thirty (30) days of the initial pretrial hearing date, an applicant for, a person licensed as or a person seeking a renewal for a producer license shall report to the Insurance Commissioner any criminal prosecution of that person taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing and any other relevant legal documents.C. Failure to comply with this statute shall result in immediate suspension of an application for, a license of or renewal of a producer license.D. The provisions of this section shall apply to all licenses under Sections 4055.1 et seq. of this title, the Unauthorized Insurers and Surplus Lines Insurance Act, Section 1100 et seq. of this title, the Oklahoma Producer Licensing Act, Section 1435.1 et seq. of this title and the Insurance Adjusters Licensing Act, Section 6201 et seq. of this title.Added by Laws 2001, c. 156, § 18, eff. Nov. 1, 2001. Amended by Laws 2019, c. 294, § 5, eff. Nov. 1, 2019.
36 OK Stat § 36-1435.19 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1435.19. Rules.

|The Insurance Commissioner may, in accordance with Section 307.1 of Title 36 of the Oklahoma Statutes, promulgate reasonable rules as are necessary or proper to carry out the purposes of the Oklahoma Producer Licensing Act. |Added by Laws 2001, c. 156, § 19, eff. Nov. 1, 2001.