reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 36. Insurance › §36-6125.2. Funding of contract by assignment of life insurance proceeds.

A. Contracts for prepaid funeral benefits provided for pursuant to Section 6125 of this title may be funded by assignments of life insurance proceeds to the contracting organization.
B. A guaranteed contract for prepaid funeral benefits provided for pursuant to paragraph 1 of subsection B of Section 6125 of this title which is to be funded by assignment of life insurance proceeds shall provide that:
1. The contract be funded by a life insurance policy issued in the face amount of the current purchase price of the contract for prepaid funeral benefits;
2. All accrued benefits under the policy shall become available for disbursement to the organization upon the death of the beneficiary of the prepaid funeral contract;
3. The beneficiary shall be the same individual under the contract as the insured under the life insurance policy; and
4. The disbursement of life insurance proceeds to the organization shall constitute payment in full to the organization for the services and merchandise contracted for.
C. A nonspecified contract for prepaid funeral benefits provided for pursuant to paragraph 2 of subsection B of Section 6125 of this title which is to be funded by assignment of life insurance proceeds shall provide that:
1. The total proceeds paid to the organization under the policy shall not exceed the actual retail cost of the funeral services and merchandise at the time of delivery;
2. Any funds remaining unused shall be refunded to the purchaser or to the personal representative of the purchaser or designated beneficiary; and
3. After November 1, 2009, all price lists reflecting the actual retail cost of funeral services and merchandise used at the time of the delivery of services shall be retained for a period of at least six (6) years.
D. A violation of this section shall constitute a misdemeanor and shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not less than one (1) month nor more than six (6) months, or by both such fine and imprisonment.
Added by Laws 1988, c. 118, § 8, eff. Nov. 1, 1988. Amended by Laws 2009, c. 294, § 6, eff. Nov. 1, 2009; Laws 2013, c. 269, § 13, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6126. Designation of agent.

A. Each organization subject to the Funeral Services Licensing Act shall designate an agent or agents, either by names of the individuals or by titles of the offices or positions of the individuals, who shall be responsible for deposits of funds collected under contract for prepaid funeral benefits. The organization shall notify the Insurance Commissioner of the designation at least ten (10) days prior to becoming subject to this act, and shall also notify the Insurance Commissioner of any changes in the designation at least ten (10) days before the change occurs.
B. Any person collecting monies under a contract on behalf of an organization shall deposit the monies within ten (10) days after collection pursuant to paragraph 3 of subsection A of Section 6125 of this title. Any person failing to deposit the monies collected shall be guilty of a misdemeanor and shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not less than one (1) month nor more than six (6) months, or by both such fine and imprisonment.
Added by Laws 1970, c. 332, § 6. Amended by Laws 2009, c. 294, § 7, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6128. Annual report.

Each organization shall file an annual report with the Insurance Commissioner on or before March 15 of each year in such form as the Insurance Commissioner may require, showing the names and addresses of all persons with whom contracts for prepaid funeral benefits have been made prior to December 31 of the preceding year which had not been fully discharged on December 31 and, also showing the date of the contract, the name of the bank or depository holding the trust fund and the amount of the trust fund under each contract on the preceding December 31. Any organization which has discontinued the sale of prepaid funeral benefits, but which still has outstanding contracts, shall not be required to obtain a renewal of its permit, but it shall continue to make annual reports to the Insurance Commissioner until all such contracts have been fully discharged. A filing fee of Fifty Dollars ($50.00) shall accompany each report. If any officer of any organization fails or refuses to file an annual report, or to cause it to be filed within thirty (30) days after he has been notified by the Insurance Commissioner that the report is due and has not been received, he shall be guilty of a misdemeanor and shall be punished as prescribed in Section 6130 of this title.
Amended by Laws 1984, c. 56, § 3, eff. July 1, 1984; Laws 1988, c. 118, § 5, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6129. Records - Annual statement of financial condition.

Each organization which has outstanding contracts for prepaid funeral benefits shall maintain within this state such records as the Insurance Commissioner may require to enable the Insurance Commissioner to determine whether the organization is complying with the provisions of Sections 6121 through 6136 of this title. Each organization shall provide to the Insurance Commissioner an annual statement of the financial condition of funds collected pursuant to contracts for prepaid funeral benefits. The statement shall be due by the fifteenth day of March of each year and shall reflect, at a minimum, the assets and liabilities of each prepaid funeral benefits fund and the location and status of all trust funds for prepaid funeral benefits as of the last day of December of the preceding year. Failure to file an annual statement by the date required may result in censure, or suspension or revocation of license, and an administrative penalty imposed by the Insurance Commissioner of from One Hundred Dollars ($100.00) to One Thousand Dollars ($1,000.00) for each occurrence.
Laws 1970, c. 332, § 9; Laws 1983, c. 245, § 3, operative Sept. 1, 1983; Laws 1984, c. 56, § 4, eff. July 1, 1984; Laws 1988, c. 118, § 6, eff. Nov. 1, 1988; Laws 1993, c. 267, § 4, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6129.1. Annual financial examination of trusts and accounts.

Annually, on or before the fifteenth day of March, and whenever the Insurance Commissioner deems it to be prudent or necessary, each organization operating one or more prepaid funeral trusts shall have a financial examination of each trust and related prepaid funeral accounts for the preceding calendar year, prepared by a licensed public accountant or certified public accountant and in accordance with procedures promulgated by the Insurance Commissioner's office. The examination also shall evaluate and report on the compliance of each trust with the provisions of Section 6121 et seq. of Title 36 of the Oklahoma Statutes, relating to prepaid funeral benefits.
Added by Laws 1993, c. 267, § 5, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6130. Violations and penalties.

A. Any officer, director, agent, or employee of any organization subject to the terms of Sections 6121 through 6136.18 of this title who makes or attempts to make any contract in violation of the provisions of Sections 6121 through 6136.18 of this title, or who refuses to allow an inspection of the records of the organization, or who violates any other provision of Sections 6121 through 6136.18 of this title, upon conviction, shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for a term of not more than ten (10) years, and a fine not exceeding Ten Thousand Dollars ($10,000.00), and ordered to pay restitution to the victim. Each violation of any provision of Sections 6121 through 6136.18 of this title shall be deemed a separate offense and prosecuted individually.
B. The violation of any provision of Sections 6121 through 6136.18 of this title shall constitute a cause for the Oklahoma Funeral Board to revoke, or to refuse to issue or renew, any license issued pursuant to the provisions of Sections 396 through 396.33 of Title 59 of the Oklahoma Statutes. The violation of any provision of Sections 6121 through 6136.18 of this title shall constitute a cause for the Insurance Commissioner to issue a notice and order to show cause why the licensee shall not be censured, have the license of the licensee suspended or revoked, be subject to a fine of not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00), or be subject to both such fine and punishment.
Added by Laws 1970, c. 332, § 10. Amended by Laws 1983, c. 245, § 4, operative Sept. 1, 1983; Laws 1985, c. 328, § 23, emerg. eff. July 29, 1985; Laws 2007, c. 125, § 22, eff. July 1, 2007; Laws 2009, c. 294, § 8, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6134. Certain advertising not prohibited.

Nothing in this act or any other law of the State of Oklahoma shall be construed to prevent or prohibit advertising of the price or any other information relating to the sale of any funeral service, funeral benefit, funeral merchandise, or any other property which may be used in the burial or disposal of the human dead, provided such advertising shall not be false, fraudulent or misleading.
Laws 1970, c. 332, § 14.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6136.18. Conversion from trust-funded to insurance-funded benefits.

A. Member organizations may convert trust-funded prepaid funeral benefits to insurance-funded prepaid funeral benefits. The conversion shall be subject to the provisions of Section 6125.2 of this title.
B. The Insurance Commissioner shall approve a conversion from trust-funded prepaid funeral benefits to insurance-funded prepaid funeral benefits as safeguarding the rights and interests of the individual who purchases the prepaid funeral benefits contract.
C. The Commissioner shall prescribe rules detailing the steps necessary to complete the conversion of prepaid funeral benefit contracts funded by a trust to prepaid funeral benefits contracts funded by insurance.
Added by Laws 1999, c. 226, § 1, emerg. eff. May 26, 1999. Amended by Laws 2009, c. 294, § 9, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6142. Definitions.

As used in the Prepaid Dental Plan Act:
1. "Member" means an individual who is enrolled in a group prepaid dental plan as a principal subscriber, and dependents who are entitled to dental care services under the plan solely because of their status as dependents of the principal subscriber.
2. "Membership coverage" means any certificate or contract issued to a member specifying the dental coverage to which said member is entitled.
3. "Prepaid dental plan" means any contractual arrangement whereby any prepaid dental plan organization undertakes to provide payment of dental services directly, or to arrange for prepaid dental services, or to pay or make reimbursement for any dental services not provided for by other insurance.
4. "Prepaid dental plan organization" means any person who undertakes to conduct one or more prepaid dental plans providing only dental services.
5. "Prepaid dental services" means services included in the practice of dentistry in all of its branches as defined in Section 328.3 of Title 59 of the Oklahoma Statutes.
6. "Provider" means any person licensed or otherwise authorized to furnish prepaid dental services in this state other than an authorized insurer.
Added by Laws 1983, c. 66, § 2, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6143. Certificate of authority required.

A. No person unless authorized pursuant to the provisions of Section 4 or Section 10 of this act shall establish or operate a prepaid dental plan organization in this state, or sell or offer to sell, or solicit offers to purchase, or receive advance or periodic consideration, in conjunction with a prepaid dental plan without obtaining and maintaining a certificate of authority issued pursuant to Section 4 of this act.
B. On or before February 1, 1984, every prepaid dental plan organization operating in this state shall submit an application for a certificate of authority to the Commissioner. Each applicant may continue to operate as an organization until the Commissioner acts upon the application.
Added by Laws 1983, c. 66, § 3, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6145. Issuance of certificate of authority - Conditions.

A. Issuance of a certificate of authority for a prepaid dental plan organization shall be granted by the Commissioner if the Commissioner is satisfied that the following conditions are met:
1. The persons responsible for conducting the business affairs of the prepaid dental plan organization are competent and trustworthy and are professionally capable of providing or arranging for the provision of services offered; and
2. The prepaid dental plan organization constitutes an appropriate mechanism to achieve an effective prepaid dental plan; and
3. Each officer, responsible for conducting the business affairs of the prepaid dental plan organization, has filed with the Commissioner a fidelity bond in the amount of Fifty Thousand Dollars ($50,000.00), said bond to be subject to the approval of the Commissioner; and
4. The financial structure of the prepaid dental plan organization may reasonably be expected to meet obligations for payment of services for members and prospective members. In making this determination the Commissioner may consider:
a.
the financial soundness of the arrangements made pursuant to the provisions of the prepaid dental plan for services and the schedule of charges used; and
b.
any agreement with an insurer, a hospital, a medical service corporation, or any other organization for ensuring the payment of prepaid dental services; and
c.
provisions in the plan for automatic coverage of dental service if the prepaid dental plan is discontinued; and
d.
the sufficiency of the agreement for prepaid dental services with providers of dental services.
B. A certificate of authority shall expire at midnight on June 30, following the date of issuance or last renewal date. If the prepaid dental plan organization remains in compliance with the provisions of the Prepaid Dental Plan Act and pays a renewal fee of One Hundred Dollars ($100.00), the certificate of authority of said plan may be renewed. The renewal fee shall be deposited in the Insurance Commissioner Revolving Fund.
Added by Laws 1983, c. 66, § 5, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6146. Deposit required.

A. A prepaid dental plan organization shall keep on deposit with the Insurance Commissioner cash certificates of deposit issued by solvent insured banks and trust companies in Oklahoma, or a combination of cash certificates or securities eligible for investment of capital funds, which have been approved by the Commissioner in the following amounts:
Number of members
Deposit
5,000 or less
$25,000.00
5,001 - 7,500
$30,000.00
7,501 - 10,000
$50,000.00
10,001 - 15,000
$75,000.00
15,001 - 20,000
$100,000.00
20,001 - 25,000
$125,000.00
25,001 - 30,000
$150,000.00
30,001 - 40,000
$175,000.00
40,001 and above
$200,000.00
B. The deposit required by the provisions of subsection A of this section shall be held by the Commissioner in trust for the benefit and protection of persons covered by a prepaid dental plan and shall not be subject to attachment by any creditors of the prepaid dental organization or plan.
C. Any securities required by the provisions of subsection A of this section, with the approval of the Commissioner, may be exchanged for similar securities or cash of equal amount. Interest on securities deposited shall be payable to the prepaid dental plan organization depositing such securities.
D. An unpaid final judgment arising upon a membership coverage shall be a lien on the deposit held by the Commissioner, subject to execution after thirty (30) days from the entry of final judgment, unless the judgment is satisfied. If the deposit held by the Commissioner is reduced, the deposit shall be replenished within ninety (90) days by the prepaid dental plan organization.
E. The deposit prescribed by the provisions of subsection A of this section shall not apply to a prepaid dental plan organization which is funded by the state, a political subdivision of the state, or the United States.
F. Upon liquidation or dissolution of a prepaid dental plan organization and the satisfaction of all debts and liabilities of the organization, any balance remaining of the cash or securities deposit as prescribed in subsection A of this section together with any other assets of the prepaid dental plan organization shall be returned by the Commissioner to the prepaid dental plan organization.
Added by Laws 1983, c. 66, § 6, eff. Nov. 1, 1983. Amended by Laws 2014, c. 275, § 18, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6147. Financial reserve.

A. A prepaid dental plan organization shall maintain, for protection of members, a financial reserve consisting of at least two percent (2%) of all prepaid charges collected from members for the prepaid dental plan, until said reserve totals Five Hundred Thousand Dollars ($500,000.00). This reserve shall be in addition to the deposit prescribed by Section 6 of this act.
B. The reserve prescribed by this section shall not apply with respect to a prepaid dental plan organization which is funded by the state, a political subdivision of the state, or the United States.
Added by Laws 1983, c. 66, § 7, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6148. Policy for membership coverage.

A. Every member in a prepaid dental plan shall be issued a membership coverage policy by the prepaid dental plan organization.
B. No policy for membership coverage or amendment to said policy shall be issued or delivered to any person in this state until a copy of the policy for membership coverage or amendment to said policy has been filed with and approved by the Commissioner.
C. A policy for membership coverage shall contain a statement of:
1. The prepaid dental services or other benefits to which the member is entitled under the prepaid dental plan; and
2. Any limitations of the services or benefits to be provided, including any deductible or co-payment feature; and
3. Information as to how services may be obtained; and
4. The obligation of the member for charges for the prepaid dental plan.
D. Any member in a prepaid dental plan shall be free to select any licensed dental practitioner to provide dental services and prepayment or reimbursement determinations shall be made without regard to whether the provider is a participating or nonparticipating member of the plan. This provision shall be printed on the policy for membership coverage.
E. Membership coverage shall contain no provisions or statements which are unjust, unfair, untrue, inequitable, misleading, deceptive, or which encourage misrepresentation as determined by the Commissioner.
F. The Commissioner shall approve any policy of membership coverage if the requirements of this section are complied with and the prepaid dental plan, in the judgment of the Commissioner, is able to meet its financial obligations for the membership coverage. It shall be unlawful for a prepaid dental plan organization to issue a policy until approved. If the Commissioner does not disapprove any such policy within thirty (30) days after filing, said policy shall be deemed approved. If the Commissioner disapproves a policy of membership coverage, the Commissioner shall notify the prepaid dental plan organization, specifying the reasons for disapproval. The Commissioner shall grant a hearing on such disapproval within thirty (30) days after a request in writing for a hearing is received by the Commissioner from the prepaid dental plan organization.
Added by Laws 1983, c. 66, § 8, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6149. Annual business report.

A. Each year on or before March 1, every prepaid dental plan organization shallfile with the Commissioner a report of the business activities of said organization for the preceding calendar year. This report shall be signed by at least two principal officers of the corporation and said signatures shall be notarized.
B. Said reports shall be on forms prescribed by the Commissioner and shall include:
1. A financial statement of the organization, including a copy of the balance sheet and receipts and disbursements of the organization for the preceding year certified by an independent certified public accountant. The Commissioner may accept a full report of the most recent examination of a foreign prepaid dental plan, certified to by the appropriate examining official of another state; and
2. Any material changes in the information required to be provided pursuant to Section 5 of this act; and
3. The number of persons who have become members during the preceding year, the total number of members in the plan as of the end of the year, and the number of memberships terminated during the year; and
4. The costs of all care provided and the number of members who received care pursuant to the provisions of the prepaid dental plan; and
5. Such other information relating to the performance of the prepaid dental plan organization the Commissioner deems necessary to enable the Commissioner to carry out the duties prescribed by the Prepaid Dental Plan Act.
Added by Laws 1983, c. 66, § 9, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6150. Payment of taxes.

A. Coincident with the filing of the annual report prescribed by Section 9 of this act, each prepaid dental plan organization shall pay to the State Treasurer through the Commissioner a tax for transacting a prepaid dental plan. The obligation shall be determined as follows:
1. If a domestic organization, two percent (2%) of prepaid net charges received from members in this state.
2. If a foreign organization, two percent (2%) of prepaid net charges received from members in this state.
B. An organization may offset this tax in whole or in part by payment of state corporate income tax, as provided for in Section 2355 of Title 68 of the Oklahoma Statutes. However, an organization shall not be able to carry over to a succeeding year any credit for paying corporate income tax not used during a year.
Added by Laws 1983, c. 66, § 11, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6151. Unfair trade practices and fraud.

Article 12 of Title 36 of the Oklahoma Statutes relating to unfair trade practices and frauds shall apply to prepaid dental plan organizations, except to the extent the Commissioner may determine that particular provisions of said article shall not apply to prepaid dental plan organizations.
Added by Laws 1983, c. 66, § 11, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6154. Suspension or revocation of certificate of authority.

A. The Commissioner may suspend or revoke any certificate of authority issued to a prepaid dental plan organization pursuant to the provisions of the Prepaid Dental Plan Act if the Commissioner finds that any of the following conditions exist:
1. The prepaid dental plan organization is operating contrary to the basic organizational documents of the organization or is operating in a manner contrary to that described in, and reasonably inferred from, any other information submitted pursuant to Section 6144 of this title;
2. The prepaid dental plan organization issued membership coverage which does not comply with the requirements of Section 6148 of this title;
3. The prepaid dental plan does not provide or arrange for basic dental services appropriate to a prepaid dental plan;
4. The prepaid dental plan organization can no longer be expected to meet obligations to members or prospective members of the prepaid dental plan;
5. The prepaid dental plan organization, or any authorized person acting on behalf of the organization, has advertised or merchandised services offered by said organization in an untrue, misleading, deceptive, or unfair manner;
6. The prepaid dental plan organization fails to deal equitably with any dentists, dental physicians, technicians, or other persons or facilities whose services are covered within a contract or policy for prepaid dental insurance; or
7. The prepaid dental plan organization has failed to substantially comply with the provisions of the Prepaid Dental Plan Act or any rules and regulations promulgated thereunder.
B. When the certificate of authority of a prepaid dental plan organization is suspended, the organization shall not accept, during the period of such suspension, any additional members except newly acquired dependents of existing members and shall not engage in any advertising or solicitation.
C. When the certificate of authority of a prepaid dental plan organization is revoked, the organization shall proceed to terminate operation of the organization immediately and shall conduct no further business except as may be essential to the orderly conclusion of the business affairs of the organization. The Commissioner, by written order, may permit such further operation of the organization as the Commissioner finds to be in the best interest of members of the organization.
D. If a certificate of authority is suspended or revoked pursuant to the provisions of this section, the Commissioner may invoke a fine not exceeding One Thousand Dollars ($1,000.00) for each violation. The payment of the fine may be enforced in the same manner as civil judgments may be enforced.
E. A prepaid dental plan organization which has had its certificate of authority denied, suspended, or revoked, or has suffered an adverse decision by the Commissioner, shall be entitled to a hearing pursuant to the provisions of the Administrative Procedures Act, Sections 301 through 326 of Title 75 of the Oklahoma Statutes.
Added by Laws 1983, c. 66, § 14, eff. Nov. 1, 1983. Amended by Laws 2009, c. 432, § 21, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6155. Rehabilitation, liquidation, or conservation of prepaid dental plan organization.

Any rehabilitation, liquidation, or conservation of a prepaid dental plan organization shall be conducted pursuant to the provisions for rehabilitation, liquidation, or conservation of an insurer provided for by Articles 18 and 19 of Title 36 of the Oklahoma Statutes.
Added by Laws 1983, c. 66, § 15, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6156. Advertising or sales material.

A. No advertising or sales material relating to a prepaid dental plan organization shall be issued or delivered to any person in this state until a copy of said material has been filed with and approved by the Commissioner. Within thirty (30) days after submission of said advertising or sales material, the Commissioner shall either approve the advertising or sales material, or shall disapprove it should he determine that in whole or in part said material is false, deceptive, or misleading. If the Commissioner disapproves any advertising or sales material he shall give written notification to the person who submitted the material. Thereafter, such advertising or sales material shall not be used by any person. Violation of the provisions of this subsection shall entitle the Commissioner in his discretion and without additional cause to withdraw approval of any membership coverage with respect to which said advertising or sales material is used.
B. Offers to sell prepaid dental insurance by advertising or publication of material by prepaid dental plan organizations or anyone acting on behalf of the organization to inform members and potential members of the plan as to the coverage offered by the plan and the operation of the organization shall not be a violation of any provisions of law relating to solicitation of customers or advertising by prepaid dental plan providers, if the advertising or sales material:
1. is approved prior to use, by the Commissioner upon determination by the Commissioner that the advertising or sales material is not inaccurate, false, deceptive, or misleading; and
2. does not identify the providers of dental services nor describe their professional qualifications, except upon the request of the member or potential member; and
3. does not describe the professional experience or attainments of providers of dental services individually or as a group, or contain language that states, evaluates or lauds the professional competence, skills or reputations of such providers; and
4. shall not cause any providers of dental services to violate any professional ethics or laws prohibiting the solicitation of patients.
Added by Laws 1983, c. 66, § 16, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6202. Definitions.

As used in the Insurance Adjusters Licensing Act:
1. "Commissioner" means the Insurance Commissioner of the state or his or her lawfully authorized representative;
2. "Adjuster" means either an insurance adjuster or a public adjuster;
3. "Insurance adjuster" means any person, firm, association, company, or legal entity that acts in this state for an insurer, and that investigates claims, adjusts losses, negotiates claim settlements, or performs incidental duties arising pursuant to the provisions of insurance contracts on behalf of an insurer and includes:
a.
"independent adjusters", meaning any insurance adjuster that suggests or presents to the insurance industry and public that said adjuster acts as an adjuster for a fee or other compensation, and
b.
"company or staff adjusters", meaning adjusters who engage in the investigation, adjustment, and negotiation of claims as salaried employees of an insurer;
4. "Public adjuster" means any person, firm, association, company, or corporation that suggests or presents to members of the public that said public adjuster represents the interests of an insured or third party for a fee or compensation. Public adjusters may investigate claims and negotiate losses to property only;
5. "Insurer" means any authorized insurance company, corporation, reciprocal group, mutual group, underwriting association or bureau, or any combination thereof, writing or underwriting any insurance contracts;
6. “Home state” means the District of Columbia and any state or territory of the United States in which the adjuster’s principal place of residence or principal place of business is located. If neither the state in which the adjuster maintains the principal place of residence nor the state in which the adjuster maintains the principal place of business has a licensing or examination requirement, the adjuster may declare another state which has an examination requirement and in which the adjuster is licensed to be the “home state”; and
7. “Automated claims adjudication system” means a preprogrammed computer system designed for the collection, data entry, calculation and final resolution of consumer electronic products insurance claims which:
a.
may only be utilized by a licensed independent adjuster, licensed agent, or individuals supervised by a licensed independent adjuster or licensed agent,
b.
shall comply with all claims payment requirements of the Oklahoma Insurance Code, and
c.
shall be certified as compliant by a licensed independent adjuster.
Added by Laws 1973, c. 178, § 2. Amended by Laws 1983, c. 129, § 1, eff. Nov. 1, 1983; Laws 1997, c. 418, § 113, eff. Nov. 1, 1997; Laws 2007, c. 125, § 23, eff. July 1, 2007; Laws 2011, c. 278, § 30, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6203. Persons not deemed adjusters or required to obtain license.

The definition of an insurance adjuster shall not be deemed to include, and a license as an insurance adjuster shall not be required of, the following:
1. A licensed agent or general agent of an insurer who processes undisputed or uncontested losses for the insurers solely pursuant to the provisions of policies issued by the agent, or his agency, if the agent or general agent receives no extra compensation for such services;
2. A person engaged in investigating, adjusting, negotiating, or processing claims arising pursuant to the provisions of life insurance, annuity, or accident and health insurance contracts;
3. A nonresident who occasionally is in this state to adjust a single loss or losses arising pursuant to the provisions of a policy of marine insurance;
4. A salaried employee of a licensed insurer whose primary duties are not adjusting, investigating, or supervising insurance claims;
5. A licensed attorney in the State of Oklahoma who adjusts insurance losses from time to time, incidental to the practice of law, and who does not advertise or represent that he is an adjuster;
6. A person employed solely for the purpose of furnishing technical assistance to a licensed adjuster, including but not limited to photographers, appraisers, estimators, private detectives, engineers, handwriting experts, and attorneys-at-law;
7. A person who performs clerical duties for a licensed insurer or organization that handles claims and who does not negotiate disputed or contested claims for the insurer or organization that handles claims;
8. A nonresident insurance adjuster who is actively licensed in another state and who is in this state no more than once a year for the purpose of adjusting a single loss or who is acting as a temporary substitute for a licensed adjuster; or
9. An individual who collects claim information from, or furnishes claim information to, insured customers or claimants, and who conducts data entry including entering data into an automated claims adjudication system, provided that the individual is an employee of a licensed independent adjuster or an affiliate where no more than twenty-five persons are under the supervision of one licensed independent adjuster or licensed agent. A licensed agent acting as a supervisor pursuant to this paragraph is not required to be licensed as an adjuster.
Added by Laws 1973, c. 178, § 3. Amended by Laws 1983, c. 129, § 2, eff. Nov. 1, 1983; Laws 2009, c. 176, § 40, eff. Nov. 1, 2009; Laws 2011, c. 278, § 31, eff. Nov. 1, 2011; Laws 2019, c. 294, § 8, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6205. Application for license - Nonresidents.

A. Application for a license as an adjuster shall be made to the Insurance Commissioner upon forms prescribed and furnished by the Commissioner. As a part of and in connection with the application, the applicant shall furnish such information concerning the applicant's identity, personal history, business experience, business record and such other pertinent information which the Commissioner shall reasonably require.
B. Unless denied licensure pursuant to Section 6220 of this title, a nonresident applicant shall receive a nonresident adjuster license if:
1. The applicant has passed an examination in the applicant’s home state or in another state in which the applicant is currently licensed and in good standing;
2. The applicant is currently licensed and in good standing in the home state of the applicant;
3. The applicant has submitted the proper request for licensure and has paid the fees required by Section 6212 of this title; and
4. The applicant’s home state awards nonresident adjuster licenses to residents of this state on the same basis.
C. If a nonresident applicant’s home state does not license or require an examination for an adjuster license, the adjuster may declare another state which has an examination requirement and in which the adjuster is licensed to be the home state. Should the applicant not hold an active adjuster license in his or her home state or declared home state, the applicant shall pass the adjuster examination of this state prior to receiving a nonresident adjuster license.
D. An individual who is a resident of Canada shall not be licensed pursuant to the Insurance Adjusters Licensing Act nor designate this state as the individual's home state, unless the individual has successfully passed the adjuster examination and has complied with all applicable requirements of the Insurance Adjusters Licensing Act; except that any such applicant shall not be required to comply with paragraph 2 of subsection A of Section 6206 of this title or Section 6215 of this title.
Added by Laws 1973, c. 178, § 5. Amended by Laws 1983, c. 129, § 4, eff. Nov. 1, 1983; Laws 1996, c. 246, § 13, eff. July 1, 1996; Laws 2007, c. 125, § 24, eff. July 1, 2007; Laws 2009, c. 176, § 42, eff. Nov. 1, 2009; Laws 2011, c. 278, § 32, eff. Nov. 1, 2011; Laws 2015, c. 297, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6207. Insurance adjuster or public adjuster.

A. The Commissioner may issue a license to an insurance adjuster or a public adjuster in accordance with the provisions of the Insurance Adjusters Licensing Act.
B. A firm, association, company, or corporation shall be licensed only as an adjuster. In the case of a firm each general partner and each other individual to act for the firm pursuant to the license, and in the case of a corporation, association, or company each individual to act for the corporation, association, or company pursuant to the license, shall be named in the license and shall qualify therefor as though an individual licensee. The Commissioner shall charge a full license fee for each firm, association, company, or corporation and a full additional license fee for each individual acting for the firm, association, company, or corporation.
Amended by Laws 1983, c. 129, § 6, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6208. Examination - Exemptions.

A. Each applicant for a license as an adjuster shall, prior to issuance of said license, personally take and pass, to the satisfaction of the Commissioner, an examination approved by the Commissioner as a test of the qualifications and competency of the applicant.
B. The requirement of an examination shall not apply to the following:
1. An applicant who is licensed as an adjuster in this state during the ninety-day period preceding November 1, 1983; or
2. A nonresident applicant who has passed an examination in the home state of the applicant and who is currently licensed and in good standing in the applicant’s home state; or
3. Any applicant for a license covering the same class or classes of insurance for which the applicant was licensed in this state pursuant to a similar license during the twelve-month period immediately preceding the date of application, unless said previous license was revoked or suspended, or continuation of the license was refused by the Commissioner; or
4. An applicant for a resident license who has passed an examination in the former home state and who is licensed and in good standing in the former home state at the time the application is submitted. The applicant shall make application to become a resident adjuster within ninety (90) days after establishing legal residence in Oklahoma.
Added by Laws 1973, c. 178, § 8. Amended by Laws 1981, c. 230, § 5, emerg. eff. June 22, 1981; Laws 1983, c. 129, § 7, eff. Nov. 1, 1983; Laws 1985, c. 258, § 7, eff. Nov. 1, 1985; Laws 2007, c. 125, § 26, eff. July 1, 2007; Laws 2009, c. 176, § 44, eff. Nov. 1, 2009; Laws 2011, c. 242, § 7 and Laws 2011, c. 293, § 7, eff. June 20, 2011.
NOTE: Laws 2011, c. 242, § 7 and Laws 2011, c. 293, § 7 made identical changes to this section.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6209. Scope of examination - Classes of insurance - Study manual.

A. Each examination for a license as an adjuster shall be prescribed by the Commissioner and shall be of sufficient scope to reasonably test the knowledge of the applicant as to the kinds of insurance contracts which may be dealt with in accordance with the license applied for, the duties and responsibilities of insurers pursuant to said contracts and pursuant to the laws of this state applicable to the adjusting claims of losses in accordance with the license applied for.
B. An applicant for a license as an adjuster may qualify in any one of the following classes of insurance or combinations thereof, and the license when issued may be limited to cover adjusting in any one of the following classes of insurance or combinations thereof. The application for a license shall specify which of the following classes of business the application and license are to cover:
1. Property, including but not limited to marine, inland marine, aircraft and damages to all land motor vehicles and trailers whether or not covered by first party physical damage coverages or property damage liability coverages; or
2. Casualty, meaning all lines of liability insurance coverages for bodily injuries, personal injury, and property damages; or
3. Workers’ compensation; or
4. Crime and fidelity bonds; or
5. Crop/hail; or
6. Multi-peril crop.
C. The Commissioner shall prepare and make available to applicants a manual of instructions stating in general terms the subjects which may be covered in any examination for a license as an adjuster. The Commissioner may charge a reasonable amount not to exceed Forty Dollars ($40.00) for the study manual.
Added by Laws 1973, c. 178, § 9. Amended by Laws 1983, c. 129, § 8, eff. Nov. 1, 1983; Laws 2009, c. 176, § 45, eff. Nov. 1, 2009; Laws 2011, c. 242, § 8 and Laws 2011, c. 293, § 8, eff. June 20, 2011.
NOTE: Laws 2011, c. 242, § 8 and Laws 2011, c. 293, § 8 made identical changes to this section.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6210. Supervision of examination - Time and place - Waiting period.

A. The answers of the applicant to any examination for licensing as an adjuster shall be written by the applicant under supervision of the Insurance Commissioner or an administrator approved by the Insurance Commissioner.
B. Examination for licensing shall be at such reasonable times and places as are designated by the Insurance Commissioner.
C. An applicant who has failed to pass the first two examinations for the license applied for shall not be permitted to take a subsequent examination until the expiration of thirty (30) days after the last examination. Examination fees for subsequent examinations shall not be waived.
Added by Laws 1973, c. 178, § 10. Amended by Laws 1983, c. 129, § 9, eff. Nov. 1, 1983; Laws 1996, c. 246, § 15, eff. July 1, 1996; Laws 2007, c. 125, § 27, eff. July 1, 2007; Laws 2008, c. 184, § 24, eff. July 1, 2008; Laws 2009, c. 176, § 46, eff. Nov. 1, 2009; Laws 2011, c. 242, § 9 and Laws 2011, c. 293, § 9, eff. June 20, 2011.
NOTE: Laws 2011, c. 242, § 9 and Laws 2011, c. 293, § 9 made identical changes to this section.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6211. Form of license - Contents.

The license of an adjuster shall be in a form prescribed by the Insurance Commissioner. The license shall contain:
1. The name and mailing address of the adjuster;
2. Indication as to whether the adjuster is licensed as an insurance adjuster or as a public adjuster;
3. The date of issuance and the date of expiration of the license;
4. The classes of business the license is to cover; and
5. Other information which the Commissioner deems necessary.
Added by Laws 1973, c. 178, § 11. Amended by Laws 1983, c. 129, § 10, eff. Nov. 1, 1983; Laws 1996, c. 246, § 16, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6212. Fees - Notification of change of name, address, or e-mail address.

A. The Insurance Commissioner or an administrator approved by the Insurance Commissioner shall collect a fee of Twenty Dollars ($20.00) for an examination for an adjuster's license in any of the following single classes of business. The fee for any examination which includes two or more classes of business shall not exceed Forty Dollars ($40.00). The classes of business are:
1. Motor vehicle physical damage;
2. Fire and allied lines (property);
3. Casualty;
4. Workers' compensation;
5. Crime and fidelity bonds; and
6. Crop/hail.
B. The Commissioner shall collect the following fees for an adjuster's license:
1. For a license in any single class of business, every two (2) years, Thirty Dollars ($30.00);
2. For a license in any combination of two or more classes of business, every two years, Fifty Dollars ($50.00);
3. Public adjuster, every two years, Thirty Dollars ($30.00);
4. Emergency adjuster, as provided for in Section 6218 of this title, each year, Fifteen Dollars ($15.00); and
5. Apprentice adjuster, as provided for in Section 6204.1 of this title, Twenty Dollars ($20.00).
C. The fees prescribed in this section shall accompany the application for an original license or a renewal of a license.
D. The fee for the original license or renewal license shall be collected in advance of issuance. Late application for renewal shall require a fee of double the amount of the original license fee.
E. The Commissioner may issue a duplicate license for any lost, stolen, or destroyed license issued pursuant to the provisions of the Insurance Adjusters Licensing Act if an affidavit is submitted by the licensee to the Commissioner concerning the facts of such loss, theft, or destruction. The affidavit shall be in a form prescribed by the Commissioner. The fee for a duplicate license shall be one-half (1/2) the fee of the license.
F. Licensees shall inform by any means acceptable to the Commissioner of a change of legal name, address or e-mail address within thirty (30) days of the change to permit the Commissioner to give proper notice to licensees. A change in legal name or address submitted more than thirty (30) days after the change shall include an administrative fee of Fifty Dollars ($50.00). Failure to provide acceptable notification of a change of legal name or address to the Commissioner within forty-five (45) days of the date the administrative fee is assessed shall result in penalties pursuant to subsection B of Section 6220 of this title.
Added by Laws 1973, c. 178, § 12. Amended by Laws 1981, c. 230, § 6, emerg. eff. June 22, 1981; Laws 1983, c. 129, § 11, eff. Nov. 1, 1983; Laws 1985, c. 258, § 8, eff. Nov. 1, 1985; Laws 1996, c. 246, § 17, eff. July 1, 1996; Laws 2000, c. 353, § 45, eff. Nov. 1, 2000; Laws 2009, c. 176, § 47, eff. Nov. 1, 2009; Laws 2011, c. 278, § 33, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6214. Bond of public adjuster.

A. Prior to the issuance of a license as a public adjuster or any renewal of the license, the applicant shall file with the Commissioner a surety bond in favor of the people of the State of Oklahoma, executed by a surety company authorized to do business in the state, in the amount of Twenty-five Thousand Dollars ($25,000.00). The total aggregate liability on the bond may be limited to the payment of Twenty-five Thousand Dollars ($25,000.00). The bond shall be conditioned on the accounting by the adjuster to any insured whose claim the adjuster is handling for monies or any other settlement received in connection with the claim.
B. Any bond shall remain in force concurrently with the license or until the surety is released from liability by the Commissioner, or until canceled by the surety. Without prejudice to any liability accrued prior to the cancellation, the surety may cancel a bond upon thirty (30) days' advance notice in writing filed with the Commissioner.
C. Effective December 1, 1983, such bond shall be required of all public adjusters.
Added by Laws 1973, c. 178, § 14. Amended by Laws 1983, c. 129, § 13, eff. Nov. 1, 1983; Laws 2015, c. 297, § 2, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6215. Place of business.

Every licensed adjuster residing in this state shall have and maintain in this state a place of business accessible to the public. Said place of business shall be located where the adjuster principally conducts transactions in accordance with his or her license.
Added by Laws 1973, c. 178, § 15. Amended by Laws 1983, c. 129, § 14, eff. Nov. 1, 1983; Laws 1996, c. 246, § 18, eff. July 1, 1996; Laws 2007, c. 125, § 28, eff. July 1, 2007.