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2023 Oklahoma Statutes › Title 15. Contracts › §15-141.9. Revocation or suspension of license.

A. The license of any service warranty association may be revoked or suspended, or the Insurance Commissioner may refuse to renew any such license, if it is determined that the association has violated any lawful rule or order of the Commissioner or any provision of the Service Warranty Act, or if the association is determined to be insolvent or impaired.
B. The license of any service warranty association shall be suspended or revoked if it is determined that such association:
1. Is in any condition as would render its further transaction of service warranties in this state hazardous or injurious to its warranty holders or to the public;
2. Has refused to be examined or to produce its accounts, records, and files for examination, or if any of its officers have refused to give information with respect to its affairs or have refused to perform any other legal obligation as to such examination, when required by the Commissioner;
3. Has failed to pay any final judgment rendered against it in this state within sixty (60) days after the judgment became final;
4. Has, without just cause, refused to pay proper claims arising under its service warranties or, without just cause, has compelled warranty holders to accept less than the amount due them, or to employ attorneys, or to bring suit against the association to secure full payment or settlement of such claims;
5. Is affiliated with and under the same general management or interlocking directorate or ownership as another service warranty association which transacts direct warranties in this state without having a license; or
6. Is using such methods or practices in the conduct of its business as would render its further transaction of service warranties in this state hazardous or injurious to its warranty holders or to the public.
C. The Commissioner may at his or her discretion and without advance notice or hearing immediately suspend the license of any service warranty association if the Commissioner finds that one or more of the following circumstances exist:
1. The association is insolvent or impaired;
2. The reserve account required by the Service Warranty Act is not being maintained;
3. A proceeding for receivership, conservatorship rehabilitation or any other delinquency proceeding regarding the association has been commenced in any state; or
4. The financial condition or business practices of the association otherwise pose an imminent threat to the public health, safety, or welfare of the residents of this state.
D. A violation of the Service Warranty Act by an insurer is grounds for suspension or revocation of the insurer's certificate of authority in this state.
Added by Laws 2012, c. 150, § 9, eff. Nov. 1, 2012. Amended by Laws 2018, c. 234, § 3, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.10. Revocation or suspension of license by order of Insurance Commissioner - Publication of revocation or suspension.

A. Suspension or revocation of the license of a service warranty association shall be by order of the Insurance Commissioner mailed to the association by certified mail with return receipt requested. The association shall not solicit or acquire any new service warranties in this state during the period of any such suspension or revocation.
B. At the discretion of the Commissioner, the Commissioner may cause notice of any such revocation or suspension to be published in one or more newspapers of general circulation published in this state.
Added by Laws 2012, c. 150, § 10, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.11. Duration of suspension.

A. A suspension of the license of a service warranty association shall be for such period, not to exceed one (1) year, as is fixed in the order of suspension, unless such suspension or the order upon which the suspension is based is modified, rescinded, or reversed.
B. During the period of suspension, the association shall file any financial statements and pay any fees as required by the Service Warranty Act as if the license had been continued in full force.
C. Upon expiration of the suspension period, if within such period the license has not otherwise terminated, the license of the association shall automatically be reinstated, unless the causes of the suspension have not been removed or the association is otherwise not in compliance with the requirements of the Service Warranty Act.
Added by Laws 2012, c. 150, § 11, eff. Nov. 1, 2012. Amended by Laws 2018, c. 234, § 4, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.12. Fine in lieu of suspension or revocation.

If the Insurance Commissioner finds that one or more grounds exist for the discretionary revocation or suspension of a certificate of authority issued under the Service Warranty Act, the Commissioner may, in lieu of such suspension or revocation, impose a fine upon the insurer or service warranty association in an amount not to exceed One Thousand Dollars ($1,000.00) per violation; however, if it is found that an insurer or service warranty association has knowingly and willfully violated a lawful rule or order of the Commissioner or any provision of the Service Warranty Act, the Commissioner may impose a fine upon the insurer or association in an amount not to exceed Ten Thousand Dollars ($10,000.00) for each violation.
Added by Laws 2012, c. 150, § 12, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.13v1. Service warranty forms.

A. No service warranty form or related form shall be issued or used in this state unless the form has been filed with and approved by the Insurance Commissioner.
B. Each filing of a form shall be made not less than thirty (30) days in advance of its issuance or use. At the expiration of thirty (30) days from date of filing, a form so filed shall be deemed approved unless prior thereto it has been affirmatively disapproved by written order of the Commissioner.
C. Each service warranty contract shall contain a cancellation provision. In the event the contract is canceled by the warranty holder, return of the provider fee shall be based upon ninety percent (90%) of the unearned pro rata provider fee less the actual cost of any service provided under the service warranty contract. In the event the contract is canceled by the association, return of premium shall be based upon one hundred percent (100%) of unearned pro rata provider fee less the actual cost of any service provided under the service warranty contract.
D. Service contracts shall state the name, address and license number of the service warranty association and shall identify any administrator if different from the service warranty association, the service contract seller and the service contract holder to the extent that the name of the service contract holder has been furnished by the service contract holder. For service contracts issued on and after July 1, 2017, the identity of the service warranty association and its license number shall either be preprinted on the service contract or added by printer at the time of sale so consumers can clearly identify the obligor of the service contract. Information to be printed at the time of sale shall be indicated as such at the time the service contract is filed for approval and a "Jane Doe" specimen shall accompany the service contract illustrating how the service contract will look after printing.
E. The Commissioner shall disapprove any form filed pursuant to this section if the form:
1. Violates the Service Warranty Act;
2. Is misleading in any respect; or
3. Is reproduced so that any material provision is substantially illegible.
F. The Insurance Commissioner may, by order, exempt from the requirements of this section for so long as he or she deems proper any document or form or type thereof as specified in such order, to which, in his or her discretion, this section may not practicably be applied, or the filing and approval of which are, in his or her opinion, not desirable or necessary for the protection of the public.
Added by Laws 2012, c. 150, § 13, eff. Nov. 1, 2012. Amended by Laws 2016, c. 72, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.13v2. Service warranty forms.

A. No service warranty form or related form shall be issued or used in this state unless the form has been filed with the Insurance Commissioner. Service warranty forms shall not be subject to prior approval and shall be filed with the Insurance Commissioner for informational purposes only.
B. Each service warranty contract shall contain a cancellation provision. In the event the contract is canceled by the warranty holder, return of the provider fee shall be based upon ninety percent (90%) of the unearned pro rata provider fee less the actual cost of any service provided under the service warranty contract. In the event the contract is canceled by the association, return of premium shall be based upon one hundred percent (100%) of unearned pro rata provider fee less the actual cost of any service provided under the service warranty contract.
C. Service warranties shall state the name and address of the service warranty association and shall identify any administrator if different from the service warranty association, the service warranty seller and the service warranty holder to the extent that the name of the service warranty holder has been furnished by the service warranty holder. For service warranties issued on and after July 1, 2017, the identity of the service warranty association and its license number shall be preprinted on the service warranty or added at the time of sale so consumers can clearly identify the obligor of the service warranty. Information to be printed at the time of sale shall be indicated as such at the time the service warranty is filed and a "Jane Doe" specimen shall accompany the service warranty illustrating how the service warranty will look after printing.
D. The Commissioner shall have the authority to immediately order a service warranty association to stop using any service warranty contract if the Commissioner determines that the form:
1. Violates the Service Warranty Act;
2. Is misleading in any respect; or
3. Is reproduced so that any material provision is substantially illegible.
E. The Insurance Commissioner may, by order, exempt from the requirements of this section for so long as he or she deems proper any document or form or type thereof as specified in such order, to which, in his or her discretion this section may not practicably be applied, or the filing of which is, in his or her opinion, not desirable or necessary for the protection of the public.
Added by Laws 2012, c. 150, § 13, eff. Nov. 1, 2012. Amended by Laws 2016, c. 64, § 1; Laws 2017, c. 10, § 5, eff. Nov. 1, 2017; Laws 2017, c. 241, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.14. Annual financial statement filing - Fines.

A. In addition to the license fees provided in the Service Warranty Act for service warranty associations each service warranty association and insurer shall annually, on or before the first day of May, file with the Insurance Commissioner its annual financial statement showing all gross written provider fees or assessments received by it in connection with the issuance of service warranties in this state during the preceding calendar year and other relevant financial information as deemed necessary by the Commissioner. The financial statements required by this subsection must be:
1. Audited and prepared in accordance with statutory accounting principles if the applicant complies with the requirements of subsection A of Section 141.6 of this title; or
2. Verified under oath of at least two of its principal officers and prepared in accordance with generally accepted accounting principles if the applicant utilizes an insurance policy which satisfies the requirements of subsection B of Section 141.6 of this title.
B. The Commissioner may levy a fine of up to One Hundred Dollars ($100.00) a day for each day an association neglects to file its financial statement in the form and within the time provided by the Service Warranty Act.
C. In addition to the annual financial statements required to be filed by subsection A of this section, the Commissioner may require of licensees, under oath and in the form prescribed by it, quarterly statements or special reports which the Commissioner deems necessary for the proper supervision of licensees under the Service Warranty Act.
D. Provider fees and assessments received by associations and insurers for service warranties shall not be subject to the premium tax provided in Section 624 of Title 36 of the Oklahoma Statutes, but shall be subject to an administrative fee of equal to two percent (2%) of the gross provider fee received on the sale of all service warranties issued in this state during the preceding calendar quarter. The fees shall be paid quarterly to the Insurance Commissioner. However, licensed associations, licensed insurers and entities with applications for licensure as a service warranty association pending with the Department that have contractual liability insurance in place as of March 31, 2009, from an insurer which satisfies the requirements of subsections B and C of Section 141.6 of this title and which covers one hundred percent (100%) of the claims exposure of the association or insurer on all contracts written may elect to pay an annual administrative fee of Three Thousand Dollars ($3,000.00) in lieu of the two-percent administrative fee.
Added by Laws 2012, c. 150, § 14, eff. Nov. 1, 2012. Amended by Laws 2017, c. 10, § 6, eff. Nov. 1, 2017; Laws 2018, c. 234, § 5, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.15. Examinations of service warranty associations.

A. Service warranty associations licensed pursuant to the Service Warranty Act are subject to periodic examination by the Insurance Commissioner, in the same manner and subject to the same terms and conditions that apply to insurers.
B. The Commissioner is not required to examine an association that has less than Twenty Thousand Dollars ($20,000.00) in gross written provider fees as reflected in its most recent annual financial statement. The Commissioner may examine such an association if the Commissioner has reason to believe that the association may be in violation of the Service Warranty Act or is otherwise in an unsound financial condition. If the Commissioner examines such an association, the examination fee shall not exceed five percent (5%) of the gross written provider fees of the association.
Added by Laws 2012, c. 150, § 15, eff. Nov. 1, 2012. Amended by Laws 2018, c. 234, § 6, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.16. Permanent office records.

As a minimum requirement for permanent office records, each licensed service warranty association shall maintain:
1. A complete set of accounting records, including but not limited to, a general ledger, cash receipts and disbursements journals, accounts receivable registers and accounts payable registers;
2. A detailed warranty register of warranties in force. The register shall include the date of issue, issuing sales representative, name of warranty holder, warranty period, gross provider fee, and net provider fee; and
3. A detailed centralized claims or service record register which includes the unique identifier, date of issue, date of claim, issuing service representative, amount of claim or service, date claim paid, and, if applicable, disposition other than payment and reason therefor.
Added by Laws 2012, c. 150, § 16, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.18. Registry of name and business address of sales representatives.

Each service warranty association or insurer shall maintain a registry of the name and business address of each sales representative utilized by it in this state. Upon request by the Insurance Commissioner and with ten (10) days' notice to the service warranty association or insurer, the registry shall be provided to the Insurance Commissioner.
Added by Laws 2012, c. 150, § 18, eff. Nov. 1, 2012. Amended by Laws 2014, c. 418, § 3, eff. Nov. 1, 2014; Laws 2017, c. 10, § 7, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.19. Administrative penalties.

A. If, pursuant to procedures provided in the Service Warranty Act, it is found that one or more grounds exist for the suspension, revocation, or refusal to renew or continue any registration issued under the Service Warranty Act, on a first offense and except when such suspension, revocation, or refusal is mandatory, an order may be entered imposing upon the registrant, in lieu of such suspension, revocation, or refusal, an administrative penalty for each violation in the amount of One Hundred Dollars ($100.00), or in the event of willful misconduct or willful violation on the part of the registrant, an administrative fine not to exceed One Thousand Dollars ($1,000.00) for each violation. The administrative penalty may be augmented by an amount equal to any commissions received by or accruing to the credit of the registrant in connection with any transaction to which the grounds for suspension, revocation, or refusal are related. An administrative penalty imposed under this section shall not exceed Five Thousand Dollars ($5,000.00) in the aggregate for all nonwillful violations of a similar nature or One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate for all willful violations of a similar nature. For purposes of this section, violations shall be of a similar nature if the violation occurs within a single license or filing year and consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the act, conduct, or practice which is determined to be a violation of this act occurred.
B. The order may allow the registrant a reasonable period, not to exceed thirty (30) days, within which to pay to the Insurance Commissioner the amount of the penalty so imposed. If the registrant fails to pay the penalty in its entirety to the Commissioner within the period allowed, the registration of the registrant shall stand suspended or revoked or renewal or continuation may be refused, as the case may be, upon expiration of such period and without any further proceedings.
Added by Laws 2012, c. 150, § 19, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.20. Prohibited conduct.

A. Nothing in the Service Warranty Act shall be deemed to authorize any service warranty association to transact any insurance business or otherwise to engage in any type of insurance unless the association is authorized under a certificate of authority issued by the Insurance Commissioner.
B. No authorized insurer or licensed service warranty association shall act as a fronting company for any unauthorized insurer or unlicensed service warranty association. As used in this subsection, a "fronting company" is an authorized insurer or licensed service warranty association which, by reinsurance or otherwise, generally transfers to one or more unauthorized insurers or unlicensed service warranty associations, the risk of loss under warranties written by the company in this state.
Added by Laws 2012, c. 150, § 20, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.22. Dissolution or liquidation of association.

Any dissolution or liquidation of an association subject to the provisions of the Service Warranty Act shall be under the supervision of the Insurance Commissioner, who shall have all powers granted under the laws of this state with respect to the dissolution and liquidation of property and casualty insurers.
Added by Laws 2012, c. 150, § 22, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.23. Fraudulent applications - Violations of act - Criminal penalties.

Except as otherwise provided in the Service Warranty Act, any person who knowingly makes a false or otherwise fraudulent application for license or registration, or who knowingly violates any provision of the Service Warranty Act, in addition to being subject to any applicable denial, suspension, revocation, or refusal to renew or continue any license or registration, shall be subject to criminal prosecution and if convicted shall be guilty of a misdemeanor. Each instance of violation shall be considered a separate offense.
Added by Laws 2012, c. 150, § 23, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.24. Civil actions.

A. Any person damaged by a violation of the provisions of the Service Warranty Act may bring a civil action against a person violating such provisions in the district court of the county in which the alleged violator resides or has its principal place of business or in the county in which the alleged violation occurred. Upon adverse adjudication, the defendant shall be liable for actual damages or Five Hundred Dollars ($500.00) whichever is greater, together with court costs and reasonable attorney's fees incurred by the plaintiff.
B. A service warranty and those contracts specified in subparagraphs a through e of paragraph 17 of Section 141.2 of this title shall not be deemed to create a special relationship between the parties which would give rise to an action in tort to recover for breach of the duty of good faith and fair dealing. This section shall not be construed to preclude a breach of contract action for failure of the parties to comply with the implied duty of good faith and fair dealing in carrying out their obligations as set forth in the service warranty.
C. This section shall not be construed to authorize a civil action against the Insurance Department, its employees, or the Insurance Commissioner.
Added by Laws 2012, c. 150, § 24, eff. Nov. 1, 2012. Amended by Laws 2014, c. 418, § 4, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.25. Prohibited conduct.

No person shall engage in this state in any trade practice which is defined in Section 26 of this act to be an unfair method of competition or an unfair or deceptive act or practice involving the business of service warranty.
Added by Laws 2012, c. 150, § 25, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.27. Scope of investigation.

The Insurance Commissioner shall have the authority to examine and investigate the affairs of every person involved in the business of service warranty in this state in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice.
Added by Laws 2012, c. 150, § 27, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.28. Hearings.

A. Whenever the Insurance Commissioner has reason to believe that any person has engaged, or is engaging, in this state in any unfair method of competition or any unfair or deceptive act or practice as defined in Section 26 of this act, or is engaging in the business of service warranty without being properly licensed, and that a proceeding by the Commissioner in respect thereto would be in the interest of the public, the Commissioner shall conduct or cause to have conducted a hearing in accordance with Article II of the Administrative Procedures Act.
B. A statement of charges, notice, order, or other process may be served by anyone duly authorized by the Insurance Commissioner, either in the manner provided by law for service of process in civil actions or by certifying and mailing a copy thereof to the person affected by such statement, notice, order, or other process at the residence or principal office or place of business of the person. The verified return by the person so serving such statement, notice, order, or other process, setting forth the manner of the service, is proof of the same; and the return postcard receipt for such statement, notice, order, or other process, certified and mailed as provided in this subsection, is proof of service of the same.
Added by Laws 2012, c. 150, § 28, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.29. Final order - Cease and desist order.

A. After the hearing, the Insurance Commissioner shall enter a final order. If it is determined that the person charged has engaged in an unfair or deceptive act or practice or the unlawful transaction of service warranty business, the Commissioner also shall issue an order requiring the violator to cease and desist from engaging in such method of competition, act, or practice or the unlawful transaction of service warranty business. Further, the Commissioner may, at his or her discretion, order one or both of the following penalties:
1. The suspension or revocation of the license of such person, or eligibility for any license, if the person knew, or reasonably should have known, he or she was in violation of the Service Warranty Act; or
2. If it is determined that the person charged has provided or offered to provide service warranties without proper licensure, the imposition of an administrative penalty not to exceed One Thousand Dollars ($1,000.00) for each service warranty contract offered or effectuated.
B. Any person subject to an order of the Insurance Commissioner under this section may obtain a review of such order by filing an appeal in accordance with the provisions of the Administrative Procedures Act.
C. Any person who violates a cease and desist order while such order is in effect, after notice and hearing, is subject, at the discretion of the Commissioner, to one or both of the following penalties:
1. A monetary penalty of not more than Fifty Thousand Dollars ($50,000.00) as to all matters determined in such hearing; and
2. The suspension or revocation of such person's license or eligibility to hold a license.
Added by Laws 2012, c. 150, § 29, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.30. Violations of act - Injunctive relief.

In addition to the penalties and other enforcement provisions of the Service Warranty Act, if any person violates any provision of Section 4 or Section 18 of this act or any rule adopted pursuant thereto, the Insurance Commissioner may resort to a proceeding for injunction in the district court of the county where such person resides or has its principal place of business, and therein apply for such temporary and permanent orders as the Commissioner may deem necessary to restrain the applicable person from engaging in any such activities, until such person has complied with the applicable provision or rule.
Added by Laws 2012, c. 150, § 30, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.31. Act relation to civil and common law.

The provisions of the Service Warranty Act are cumulative to rights under the general civil and common law, and no action of the Insurance Commissioner shall abrogate such rights to damages or other relief in any court.
Added by Laws 2012, c. 150, § 31, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.32. Privileged and confidential records.

All active examination or investigatory records of the Insurance Commissioner made or received pursuant to the Service Warranty Act shall be deemed privileged and confidential and are not subject to public inspection for so long as is reasonably necessary to complete the examination or investigation, except for records which would otherwise be public records.
Added by Laws 2012, c. 150, § 32, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.33. Examination of claim files.

A. Claim files of service warranty associations licensed pursuant to the Service Warranty Act shall be subject to examination by the Insurance Commissioner or by duly appointed designees. The claim files shall contain all notes and work papers pertaining to a claim in such detail that pertinent events and the dates of the events can be reconstructed. In addition, the Commissioner and authorized employees and examiners shall have access to any files of a service warranty association that may relate to a particular complaint under investigation or to an inquiry or examination by the Insurance Department.
B. Every service warranty association, upon receipt of any inquiry from the Commissioner, shall, within thirty (30) days from the date of the inquiry, furnish the Commissioner with an adequate response to the inquiry.
C. Every service warranty association, upon receipt of any pertinent written communication including, but not limited to, electronic mail or other forms of written electronic communication or documentation by the service warranty association of a verbal communication from a claimant which reasonably suggests that a response is expected, shall, within thirty (30) days after receipt thereof, furnish the claimant with an adequate response to the communication.
D. Any violation by a service warranty association of this section shall subject the service warranty association to discipline including a civil penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00).
Added by Laws 2016, c. 72, § 3, eff. Nov. 1, 2016.
NOTE: Laws 2016, c. 64, § 3 repealed by Laws 2017, c. 42, § 6.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.34. Ex parte cease and desist order.

The Insurance Commissioner may issue a cease and desist order, ex parte, if:
1. The Commissioner believes that:
a.
an unauthorized service warranty association is engaging in the business of service warranties in violation of the Service Warranty Act, or
b.
an unauthorized person engaged in the business of service warranties acting in violation of the Service Warranty Act is committing an unfair method of competition or an unfair or deceptive act or practice in violation of Section 141.26 of Title 15 of the Oklahoma Statutes; or
2. It appears to the Commissioner that the alleged conduct is fraudulent or hazardous or creates an immediate danger to the public safety or is causing or can be reasonably expected to cause significant, imminent and irreparable public injury.
Added by Laws 2016, c. 72, § 4, eff. Nov. 1, 2016.
NOTE: Laws 2016, c. 64, § 4 repealed by Laws 2017, c. 42, § 7.
2023 Oklahoma Statutes › Title 15. Contracts › §15-141.35. Cease and desist order – Procedure - Hearing.

A. Upon issuance of an emergency cease and desist order under Section 4 of this act, the Insurance Commissioner shall serve on the person affected by the order, by registered or certified mail, return receipt requested, to the person's last-known address, or by other lawful means, an order that contains a statement of the charges and requires the person immediately to cease and desist from the acts, methods or practices stated.
B. 1. If a person affected by an emergency cease and desist order seeks to contest that order, the person may request a hearing before the Commissioner. The person affected must request the hearing not later than thirty (30) days after the date on which the person receives the order. A request to contest an order shall be in writing and directed to the Commissioner and shall state the grounds for the request to set aside or modify the order.
2. On receiving the request for a hearing, the Commissioner shall serve notice of the time and place of the hearing at which the person requesting the hearing shall have the opportunity to show cause why the order should not be affirmed. The hearing shall be held not later than ten (10) days after the date the Commissioner receives the request for a hearing unless the parties mutually agree to a later hearing date.
3. Pending the hearing, an emergency cease and desist order shall continue in full force and effect unless the order is stayed by the Commissioner.
4. The hearing on the order shall be conducted according to the procedures for contested cases under the Administrative Procedures Act.
5. At the hearing, the Commissioner shall affirm, modify or set aside in whole or in part the emergency cease and desist order.
C. A person aggrieved by a final order and decision of the Commissioner may seek judicial review pursuant to Section 318 of Title 75 of the Oklahoma Statutes.
D. The Commissioner may recover reasonable attorney fees if judicial action is necessary for enforcement of the order.
E. A cease and desist order is final thirty-one (31) days after the date it is received if the person affected by the order does not request a hearing as provided by subsection B of this section.
Added by Laws 2016, c. 72, § 5, eff. Nov. 1, 2016.
NOTE: Laws 2016, c. 64, § 5 repealed by Laws 2017, c. 42, § 8.
2023 Oklahoma Statutes › Title 15. Contracts › §15-167. Written and original parts control.

Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the particular parties and particular contract in question the written parts control the printed parts, and the parts which are purely original control those which are copied from a form. And if the two are absolutely repugnant, the latter must be so far disregarded.
R.L.1910, § 961.
2023 Oklahoma Statutes › Title 15. Contracts › §15-173. Reasonable time allowed where not specified - Immediate performance.

If no time is specified for the performance of an act required to be performed, a reasonable time is allowed. If the act is in its nature capable of being done instantly, as for example, if it consists in the payment of money only, it must be performed immediately upon the thing to be done being exactly ascertained.
R.L.1910, § 967.
2023 Oklahoma Statutes › Title 15. Contracts › §15-178. Contracts of designating former spouse as beneficiary or providing death benefits - Effect of divorce or annulment.

A. If, after entering into a written contract in which a beneficiary is designated or provision is made for the payment of any death benefit (including life insurance contracts, annuities, retirement arrangements, compensation agreements, depository agreements, security registrations, and other contracts designating a beneficiary of any right, property, or money in the form of a death benefit), the party to the contract with the power to designate the beneficiary or to make provision for payment of any death benefit dies after being divorced from the person designated as the beneficiary or named to receive such death benefit, all provisions in the contract in favor of the decedent's former spouse are thereby revoked. Annulment of the marriage shall have the same effect as a divorce. In the event of either divorce or annulment, the decedent's former spouse shall be treated for all purposes under the contract as having predeceased the decedent.
B. Subsection A of this section shall not apply:
1. If the decree of divorce or annulment is vacated;
2. If the decedent had remarried the former spouse and was married to said spouse at the time of the decedent's death;
3. If the decree of divorce or annulment contains a provision expressing an intention contrary to subsection A of this section;
4. If the decedent makes the contract subsequent to the divorce or annulment;
5. To the extent, if any, the contract contains a provision expressing an intention contrary to subsection A of this section; or
6. If the decedent renames the former spouse as the beneficiary or as the person or persons to whom payment of a death benefit is to be made in a writing delivered to the payor of the benefit prior to the death of the decedent and subsequent to the divorce or annulment.
C. For purposes of subsection A of this section, "death benefit" shall not include:
1. Any interest in property in which the decedent's former spouse has an interest as a joint tenant; or
2. Any interest in property in which the decedent's former spouse has a beneficial interest in an express trust created by the decedent during the decedent's lifetime for which provision is made in Section 175 of Title 60 of the Oklahoma Statutes.
D. This section shall apply to any contract of a decedent made and entered into on or after November 1, 1987 and to depository agreements and security registrations made and entered into on or after September 1, 1994.
Added by Laws 1987, c. 201, § 2, eff. Nov. 1, 1987. Amended by Laws 1989, c.181, § 10, eff. Nov. 1, 1989; Laws 1994, c. 313, § 4, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 15. Contracts › §15-212.1. Notice exempting business entity from liability for personal injury void.

Any notice given by a business entity which provides services or facilities for profit to the general public and which seeks to exempt the business entity from liability for personal injury caused by or resulting from any acts of negligence on its part or on the part of its servants or employees, shall be deemed void as against public policy and wholly unenforceable.
Added by Laws 1985, c. 153, § 1, eff. Jan. 1, 1986.
2023 Oklahoma Statutes › Title 15. Contracts › §15-213. Penalties void.

Except as expressly provided in Section 215 of this title, penalties imposed by contract for any non-performance thereof, are void. But this section does not render void such bonds or obligations, penal in form, as have heretofore been commonly used; it merely rejects and avoids the penal clauses.
Amended by Laws 1985, c. 107, § 1, emerg. eff. May 28, 1985.
2023 Oklahoma Statutes › Title 15. Contracts › §15-214. Attempt to fix damages void except as provided.

Every contract, by which the amount of damages to be paid, or other compensation to be made, for a breach of an obligation, is determined in anticipation thereof, is to that extent void, except as expressly provided by Section 215 of this title.
Amended by Laws 1985, c. 107, § 2, emerg. eff. May 28, 1985.
2023 Oklahoma Statutes › Title 15. Contracts › §15-215. Amount presumed to be damages, provision for.

A. A stipulation or condition in a contract except a contract to purchase and sell real property, providing for the payment of an amount which shall be presumed to be the amount of damage sustained by a breach of such contract, shall be held valid, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
B. A provision in a real estate sales contract, providing for the payment of anamount which shall be presumed to be the amount of damages sustained by a breach of such contract, shall be held valid and not a penalty, when such amount does not exceed five percent (5%) of the purchase price. In the event such amount exceeds five percent (5%) of the purchase price, such provision shall be held invalid and a penalty unless the party seeking to uphold the provision establishes that such amount is reasonable. If such provision is valid under this subsection, the limitations of Section 28 of Title 23 of the Oklahoma Statutes do not apply.
Amended by Laws 1985, c. 107, § 3, emerg. eff. May 28, 1985.
2023 Oklahoma Statutes › Title 15. Contracts › §15-217. Restraint of trade.

Every contract by which any one is restrained from exercising a lawful profession, trade or business of any kind, otherwise than as provided by Sections 218 and 219 of this title, or otherwise than as provided by Section 2 of this act, is to that extent void.
R.L.1910, § 978. Amended by Laws 1989, c. 359, § 1, emerg. eff. June 3, 1989; Laws 2001, c. 406, § 3, emerg. eff. June 4, 2001.
2023 Oklahoma Statutes › Title 15. Contracts › §15-218. Restraint of trade - Exception as to sale of goodwill.

One who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business within a specified county and any county or counties contiguous thereto, or a specified city or town or any part thereof, so long as the buyer, or any person deriving title to the goodwill from him carries on a like business therein. Provided, that any such agreement which is otherwise lawful but which exceeds the territorial limitations specified by this section may be deemed valid, but only within the county comprising the primary place of the conduct of the subject business and within any counties contiguous thereto.
R.L.1910, § 979.
2023 Oklahoma Statutes › Title 15. Contracts › §15-219. Restraint of trade - Exception as to partners.

Partners may, upon or in anticipation of a dissolution of the partnership, agree that none of them will carry on a similar business within a specified county and any county or counties contiguous thereto, or a specified city or town or any part thereof. Provided, that any such agreement which is otherwise lawful but which exceeds the territorial limitations specified by this section may be deemed valid, but only within the county comprising the primary place of the conduct of the business of the subject partnership and within any counties contiguous thereto.
R.L.1910, § 980.
2023 Oklahoma Statutes › Title 15. Contracts › §15-219A. Noncompetition agreements.

A. A person who makes an agreement with an employer, whether in writing or verbally, not to compete with the employer after the employment relationship has been terminated, shall be permitted to engage in the same business as that conducted by the former employer or in a similar business as that conducted by the former employer as long as the former employee does not directly solicit the sale of goods, services or a combination of goods and services from the established customers of the former employer.
B. Any provision in a contract between an employer and an employee in conflict with the provisions of this section shall be void and unenforceable.
Added by Laws 2001, c. 406, § 4, emerg. eff. June 4, 2001.
2023 Oklahoma Statutes › Title 15. Contracts › §15-219B. Solicitation of employees.

A contract or contractual provision which prohibits an employee or independent contractor of a person or business from soliciting, directly or indirectly, actively or inactively, the employees or independent contractors of that person or business to become employees or independent contractors of another person or business shall not be construed as a restraint from exercising a lawful profession, trade or business of any kind. Sections 217, 218, 219 and 219A of Title 15 of the Oklahoma Statutes shall not apply to such contracts or contractual provisions.
Added by Laws 2013, c. 194, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 15. Contracts › §15-221. "Construction agreement" defined - Limitations on liability arising out of death or bodily injury void - Exceptions.

A. For purposes of this section, “construction agreement” means a contract, subcontract, or agreement for construction, alteration, renovation, repair, or maintenance of any building, building site, structure, highway, street, highway bridge, viaduct, water or sewer system, or other works dealing with construction, or for any moving, demolition, excavation, materials, or labor connected with such construction.
B. Except as provided in subsection C or D of this section, any provision in a construction agreement that requires an entity or that entity’s surety or insurer to indemnify, insure, defend or hold harmless another entity against liability for damage arising out of death or bodily injury to persons, or damage to property, which arises out of the negligence or fault of the indemnitee, its agents, representatives, subcontractors, or suppliers, is void and unenforceable as against public policy.
C. The provisions of this section do not affect any provision in a construction agreement that requires an entity or that entity’s surety or insurer to indemnify another entity against liability for damage arising out of death or bodily injury to persons, or damage to property, but such indemnification shall not exceed any amounts that are greater than that represented by the degree or percentage of negligence or fault attributable to the indemnitor, its agents, representatives, subcontractors, or suppliers.
D. This section shall not apply to construction bonds nor to contract clauses which require an entity to purchase a project-specific insurance policy, including owners’ and contractors’ protective liability insurance, project management protective liability insurance, or builder’s risk insurance.
E. Any provision, covenant, clause or understanding in a construction agreement that conflicts with the provisions and intent of this section or attempts to circumvent this section by making the agreement subject to the laws of another state, or that requires any litigation, arbitration or other dispute resolution proceeding arising from the agreement to be conducted in another state, is void and unenforceable.
Added by Laws 2006, c. 323, § 1, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 15. Contracts › §15-221A. Design professional services agreement defined – Limitations on liability arising out of death or bodily injury void - Exceptions.

A. For purposes of this section, "design professional services agreement" means a contract, subcontract or agreement by any person or legal entity with an individual or legal entity possessing the qualifications to provide licensed architectural, licensed engineering, licensed land surveying services or other individuals or legal entities possessing specialized credentials and qualifications as may be needed to evaluate, plan or design for any construction project for the improvement of real property.
B. Except as provided in subsection C or D of this section, any provision in a design professional services agreement that requires an entity or that entity's insurer to indemnify, insure, defend or hold harmless another entity against liability for damage arising out of death or bodily injury to persons or damage to property which arises out of the negligence or fault of the indemnitee, its agents, representatives, subcontractors, suppliers or an entity for whom an indemnitor is not otherwise legally responsible is void and unenforceable.
C. The provisions of this section do not affect any provision in a design professional services agreement that requires an entity or that entity's insurer to indemnify another entity against liability for damage arising out of death or bodily injury to persons or damage to property; provided, that a lawful indemnification shall not exceed an amount that is proportionate to the degree or percentage of negligence or fault for which the indemnitor and an entity for which the indemnitor is legally responsible are adjudicated liable.
D. This section shall not affect any obligation under workers' compensation or coverage or insurance specifically relating to workers' compensation.
E. Any provision, covenant, clause or understanding in a design professional services agreement that conflicts with the provisions and intent of this section or attempts to circumvent this section by making the agreement subject to the laws of another state, or that requires any litigation, arbitration or other dispute resolution proceeding arising from the agreement to be conducted in another state, is void and unenforceable.
Added by Laws 2021, c. 153, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 15. Contracts › §15-222. Rental of goods or rental-related services - Automatic renewal provisions.

No contract for the rental of goods or rental-related services where all or substantially all of the contract terms are drafted by the provider of such goods or services shall contain any automatic renewal provision that extends the initial term of the contract for any period longer than six (6) months, unless the contract provides the nondrafting party with the ability to terminate at any time during the renewal period without penalty by providing notice of not more than sixty (60) days. Nothing in this section shall be construed to prohibit the parties to the contract from entering into a new contract at the end of the initial term of the contract or at any time after an extension of the contract as provided by this section.
Added by Laws 2017, c. 241, § 2, eff. Nov. 1, 2017.