reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 31 - Reduced Premium Tax Rate for Key Person › Section 365:25-31-2 - General requirements

Current through Vol. 41, No. 20, July 1,
				2024
(a) Only the
				employer, or a trust sponsored by the employer and purchased for the benefit of
				the employees of the employer, shall purchase a Key Person life insurance
				policy and pay for the life insurance policy premiums.
(b) Only the employer, or a trust sponsored
				by the employer and purchased for the benefit of the employees of the employer,
				shall be named the beneficiary or receive proceeds of the death benefit of a
				Key Person life insurance policy.
(c) Only the life of one individual shall be
				named on a Key Person policy. The named Key Person shall not be
				transferrable.
(d) In order to be
				eligible for the reduced premium tax rate, an insurer shall submit with its
				annual premium tax return a report in the manner and format prescribed by the
				Commissioner.
(e) Upon request by
				the Commissioner, an insurer shall provide copies of Key Person life insurance
				policies and other documentation for review as deemed necessary.
(f) Group benefit plans, enhanced
				compensation packages, or split-dollar shared contribution policies are not
				eligible for Key Person reduced premium tax rates.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix B - Form B: Oklahoma Insurance Holding Company System Registration Statement

Current through Vol. 41, No. 20, July 1, 2024
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Amended at 9 Ok Reg 2885,
				eff 8-24-92 (emergency) ; Amended at 10 Ok Reg 1487, eff
				5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix C - Prepaid Funeral Benefits Permit Original Application [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked and reenacted at
				10 Ok Reg 1507, eff 5-1-93; Revoked and reenacted at 22 Ok Reg 2045, eff
				7-14-05; Revoked at 25 Ok Reg 1660, eff 7-14-08; Added at 27 Ok Reg 165, eff
				11-1-09 (emergency) ; Added at 27 Ok Reg 1551, eff
				7-14-10
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix E - Application To Withdraw Funds Deposited for Prepaid Funeral Expenses

Current through Vol. 41, No. 20, July 1, 2024
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Revoked and reenacted at
				10 Ok Reg 1507, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix F - Buyers Application to Terminate Contract or Withdraw Funds Previously Deposited For Prepaid Funeral Benefits under a Non-specified or Guaranteed Contract

Current through Vol. 41, No. 20, July 1,
			 2024
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Revoked and reenacted at
				10 Ok Reg 1507, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix H - Annual Statement of Financial Condition (reconciliation of Trust Accounts)

Current through Vol. 41, No. 20, July 1,
			 2024
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Revoked and reenacted at
				10 Ok Reg 1507, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix M - Application for Renewal of Prepaid Funeral Benefits Permit [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg 1507,
				eff 5-1-93; Added at 27 Ok Reg 165, eff 11-1-09 (emergency) ; Added at 27 Ok
				Reg 1551, eff 7-14-10
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix N - Form C: Summary of Registration Statement

Current through Vol.
			 41, No. 20, July 1, 2024
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Added at 9 Ok Reg 2885,
				eff 8-24-92 (emergency) ; Added at 10 Ok Reg 1487, eff
				5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix O - Form D: Prior Notice of a Transaction

Current through Vol. 41,
			 No. 20, July 1, 2024
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Added at 9 Ok Reg 2885,
				eff 8-24-92 (emergency) ; Added at 10 Ok Reg 1487, eff
				5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix P - Certificate of Assuming Insurer

Current through Vol. 41, No. 20, July
			 1, 2024
Figure
				1
Added at 9 Ok Reg 3971,
				eff 9-3-92 (emergency) ; Added at 10 Ok Reg 1487, eff
				5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix Q - Form E

Current through Vol. 41, No. 20, July 1,
			 2024
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Added at 9 Ok Reg 3971,
				eff 9-3-92 (emergency) ; Added at 10 Ok Reg 1487, eff 5-1-93; Added at 11 Ok
				Reg 1861, eff 5-15-94; Revoked and reenacted at 12 Ok Reg 3155, eff 7-31-95;
				Added at 19 Ok Reg 1310, eff 7-14-02
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix S - Buyer's Guide [REVOKED]

Current through Vol. 41, No. 20, July
			 1, 2024
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Added at 23 Ok Reg 2738,
				eff 7-14-06
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix U - Informational Brochure to be Provided to a Prospective Viator at First Contact Pursuant to O.A.C. 365:25-11-6(A)

Current through Vol. 41, No. 20,
			 July 1, 2024
Figure
				1
Added at 26 Ok Reg 180,
				eff 11-1-08 (emergency) ; Added at 26 Ok Reg 1654, eff
				7-14-09
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix V - Verification of Coverage for Life Insurance Policies

Current through
			 Vol. 41, No. 20, July 1, 2024
Figure
				1
Added at 26 Ok Reg 180,
				eff 11-1-08 (emergency) ; Added at 26 Ok Reg 1654, eff
				7-14-09
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix W - Payouts for Insureds Who are Terminally Ill

Current through
			 Vol. 41, No. 20, July 1, 2024
Figure
				1
Added at 26 Ok Reg 180,
				eff 11-1-08 (emergency) ; Added at 26 Ok Reg 1654, eff
				7-14-09
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix X - Sellers Notice to the Insurance Commissioner [REVOKED]

Current
			 through Vol. 41, No. 20, July 1, 2024
Added at 27 Ok Reg 165,
				eff 11-1-09 (emergency) ; Added at 27 Ok Reg 1551, eff
				7-14-10
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Appendix Y - Assumption Affidavit [REVOKED]

Current through Vol. 41, No. 20,
			 July 1, 2024
Added at 27 Ok Reg 165,
				eff 11-1-09 (emergency) ; Added at 27 Ok Reg 1551, eff
				7-14-10
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 30 - Trusts › Subchapter 1 - General Provisions › Section 365:30-1-2 - Severability

Current through Vol. 41, No. 20, July 1, 2024
If any provision of this chapter or the application thereof
				  to any person or circumstance is for any reason held to be invalid, the
				  remainder of the section and the application of such provisions to the persons
				  or circumstances shall not be affected thereby.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 30 - Trusts › Subchapter 3 - Employee Welfare Benefit Plans [Revoked] › Section 365:30-3-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1,
				2024
Revoked at 10 Ok Reg
				  1521, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 30 - Trusts › Subchapter 3 - Employee Welfare Benefit Plans [Revoked] › Section 365:30-3-2 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1,
				2024
Revoked at 10 Ok Reg
				  1521, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 30 - Trusts › Subchapter 3 - Employee Welfare Benefit Plans [Revoked] › Section 365:30-3-3 - Registration requirements; certificate of authority [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
				  1521, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 30 - Trusts › Subchapter 3 - Employee Welfare Benefit Plans [Revoked] › Section 365:30-3-4 - Exempt employee welfare benefit plans [REVOKED]

Current
				through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
				  1521, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 30 - Trusts › Subchapter 3 - Employee Welfare Benefit Plans [Revoked] › Section 365:30-3-5 - Security requirements [REVOKED]

Current through Vol. 41, No.
				20, July 1, 2024
Revoked at 10 Ok Reg
				  1521, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 30 - Trusts › Subchapter 3 - Employee Welfare Benefit Plans [Revoked] › Section 365:30-3-6 - Audit and examination [REVOKED]

Current through Vol. 41, No. 20,
				July 1, 2024
Revoked at 10 Ok Reg
				  1521, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 30 - Trusts › Subchapter 3 - Employee Welfare Benefit Plans [Revoked] › Section 365:30-3-7 - Quarterly financial reports [REVOKED]

Current through Vol. 41,
				No. 20, July 1, 2024
Revoked at 10 Ok Reg
				  1521, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 30 - Trusts › Subchapter 3 - Employee Welfare Benefit Plans [Revoked] › Section 365:30-3-8 - Regulation under other laws [REVOKED]

Current through Vol. 41,
				No. 20, July 1, 2024
Revoked at 10 Ok Reg
				  1521, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 30 - Trusts › Subchapter 3 - Employee Welfare Benefit Plans [Revoked] › Section 365:30-3-9 - Judicial review [REVOKED]

Current through Vol. 41, No. 20, July
				1, 2024
Revoked at 10 Ok Reg
				  1521, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 30 - Trusts › Subchapter 3 - Employee Welfare Benefit Plans [Revoked] › Section 365:30-3-10 - Time for compliance by existing plan [REVOKED]

Current through
				Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg
				  1521, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 30 - Trusts › Subchapter 3 - Employee Welfare Benefit Plans [Revoked] › Section 365:30-3-11 - Cease and desist order [REVOKED]

Current through Vol. 41, No.
				20, July 1, 2024
Revoked at 10 Ok Reg
				  1521, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 30 - Trusts › Subchapter 3 - Employee Welfare Benefit Plans [Revoked] › Section 365:30-3-12 - Injunction [REVOKED]

Current through Vol. 41, No. 20, July 1,
				2024
Revoked at 10 Ok Reg
				  1521, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 30 - Trusts › Subchapter 3 - Employee Welfare Benefit Plans [Revoked] › Section 365:30-3-13 - Penalties [REVOKED]

Current through Vol. 41, No. 20, July 1,
				2024
Revoked at 10 Ok Reg
				  1521, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 1 - GENERAL PROVISIONS › Section 365:35-1-1 - Authority

Current through Vol. 41, No. 20, July 1, 2024
This regulation is promulgated pursuant to the authority
					 granted by Section
					 307.2
					 of Title 36 of the Oklahoma Statutes.
Added at 18 Ok Reg
					 3646, eff 7-20-01 (emergency); Added at 19 Ok Reg 1326, eff
					 7-14-02
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 1 - GENERAL PROVISIONS › Section 365:35-1-2 - Purpose and scope

Current through Vol. 41, No. 20, July 1,
				  2024
(a)
Purpose.
This regulation governs the treatment of nonpublic
				  personal health information and nonpublic personal financial information about
				  individuals by all licensees of the state insurance department. This
				  regulation:
(1) Requires a licensee to provide
				  notice to individuals about its privacy policies and practices;
(2) Describes the conditions under which a
				  licensee may disclose nonpublic personal health information and nonpublic
				  personal financial information about individuals to affiliates and
				  nonaffiliated third parties; and
(3) Provides methods for individuals to
				  prevent a licensee from disclosing that information.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 1 - GENERAL PROVISIONS › Section 365:35-1-3 - Rule of construction

Current through Vol. 41, No. 20, July 1,
				  2024
The examples in this regulation and the sample clauses in
					 Appendix A of this Chapter are not exclusive. Compliance with an example or use
					 of a sample clause, to the extent applicable, constitutes compliance with this
					 regulation.
Added at 18 Ok Reg
					 3646, eff 7-20-01 (emergency); Added at 19 Ok Reg 1326, eff
					 7-14-02
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 1 - GENERAL PROVISIONS › Section 365:35-1-4 - Meanings of terms as used in this regulation; other substantive provisions

Current through Vol. 41, No. 20, July 1, 2024
As used in this regulation, unless the context requires
					 otherwise:
(1)
Affiliate.
"Affiliate" means a company that controls, is controlled by or is under common
				  control with another company.
(2)
Clear and conspicuous.
(A) "Clear
				  and conspicuous" means that a notice is reasonably understandable and designed
				  to call attention to the nature and significance of the information in the
				  notice.
(B) Examples are as
				  follows:
(i) Reasonably understandable. A
				  licensee makes its notice reasonably understandable if it:
(I) Presents the information in the notice in
				  clear, concise sentences, paragraphs and sections;
(II) Uses short explanatory sentences or
				  bullet lists whenever possible;
(III) Uses definite, concrete, everyday words
				  and active voice whenever possible;
(IV) Avoids multiple negatives;
(V) Avoids legal and highly technical
				  business terminology whenever possible; and
(VI) Avoids explanations that are imprecise
				  and readily subject to different interpretations.
(ii) Designed to call attention. A licensee
				  designs its notice to call attention to the nature and significance of the
				  information in it if the licensee:
(I) Uses a
				  plain-language heading to call attention to the notice;
(II) Uses a typeface and type size that are
				  easy to read;
(III) Provides wide
				  margins and ample line spacing;
(IV) Uses boldface or italics for key words;
				  and
(V) In a form that combines the
				  licensee's notice with other information, uses distinctive type size, style,
				  and graphic devices, such as shading or sidebars.
(iii) Notices on web sites. If a licensee
				  provides a notice on a web page, the licensee designs its notice to call
				  attention to the nature and significance of the information in it if the
				  licensee uses text or visual cues to encourage scrolling down the page if
				  necessary to view the entire notice and ensure that other elements on the web
				  site (such as text, graphics, hyperlinks or sound) do not distract attention
				  from the notice, and the licensee either:
(I)
				  Places the notice on a screen that consumers frequently access, such as a page
				  on which transactions are conducted; or
(II) Places a link on a screen that consumers
				  frequently access, such as a page on which transactions are conducted, that
				  connects directly to the notice and is labeled appropriately to convey the
				  importance, nature and relevance of the notice.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 3 - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 365:35-1-10 - Initial privacy notice to consumers required

Current through
				  Vol. 41, No. 20, July 1, 2024
(a)
Initial notice requirement.
A licensee shall provide a clear and conspicuous notice that accurately
				  reflects its privacy policies and practices to:
(1)
Customer.
An individual who
				  becomes the licensee's customer, not later than when the licensee establishes a
				  customer relationship, except as provided in Subsection (e) of this section;
				  and
(2)
Consumer.
A
				  consumer, before the licensee discloses any nonpublic personal financial
				  information about the consumer to any nonaffiliated third party, if the
				  licensee makes a disclosure other than as authorized by Sections
				  365:35-1-31
				  and 32.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 3 - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 365:35-1-11 - Annual privacy notice to customers required

Current through
				  Vol. 41, No. 20, July 1, 2024
(a)
General rule.
(1) A licensee shall provide a clear and
				  conspicuous notice to customers that accurately reflects its privacy policies
				  and practices not less than annually during the continuation of the customer
				  relationship. Annually means at least once in any period of twelve (12)
				  consecutive months during which that relationship exists. A licensee may define
				  the twelve-consecutive-month period, but the licensee shall apply it to the
				  customer on a consistent basis.
(2)
Example.
A licensee provides a notice annually if it defines the
				  twelve-consecutive-month period as a calendar year and provides the annual
				  notice to the customer once in each calendar year following the calendar year
				  in which the licensee provided the initial notice. For example, if a customer
				  opens an account on any day of year 1, the licensee shall provide an annual
				  notice to that customer by December 31 of year 2.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 3 - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 365:35-1-12 - Information to be included in privacy notices

Current through Vol.
				  41, No. 20, July 1, 2024
(a)
General rule.
The initial,
				  annual and revised privacy notices that a licensee provides under Sections
				  365:35-1-10,
				  11, and 14 shall include each of the following items of information, in
				  addition to any other information the licensee wishes to provide, that applies
				  to the licensee and to the consumers to whom the licensee sends its privacy
				  notice:
(1) The categories of nonpublic
				  personal financial information that the licensee collects;
(2) The categories of nonpublic personal
				  financial information that the licensee discloses;
(3) The categories of affiliates and
				  nonaffiliated third parties to whom the licensee discloses nonpublic personal
				  financial information, other than those parties to whom the licensee discloses
				  information under Sections
				  365:35-1-31
				  and 32;
(4) The categories of
				  nonpublic personal financial information about the licensee's former customers
				  that the licensee discloses and the categories of affiliates and nonaffiliated
				  third parties to whom the licensee discloses nonpublic personal financial
				  information about the licensee's former customers, other than those parties to
				  whom the licensee discloses information under Sections
				  365:35-1-31
				  and 32;
(5) If a licensee discloses
				  nonpublic personal financial information to a nonaffiliated third party under
				  Section
				  365:35-1-30
				  (and no other exception in Sections
				  365:35-1-31
				  and 32 applies to that disclosure), a separate description of the categories of
				  information the licensee discloses and the categories of third parties with
				  whom the licensee has contracted;
(6) An explanation of the consumer's right
				  under Subsection
				  365:35-1-20(a)
				  to opt out of the disclosure of nonpublic personal financial information to
				  nonaffiliated third parties, including the methods by which the consumer may
				  exercise that right at that time;
(7) Any disclosures that the licensee makes
				  under Section 603(d)(2)(A)(iii) of the federal Fair Credit Reporting Act (
				  15 U.S.C.
				  1681 a(d)(2)(A)(iii) ) (that is, notices
				  regarding the ability to opt out of disclosures of information among
				  affiliates);
(8) The licensee's
				  policies and practices with respect to protecting the confidentiality and
				  security of nonpublic personal information; and
(9) Any disclosure that the licensee makes
				  under Subsection (b) of this section.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 3 - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 365:35-1-13 - Form of opt out notice to consumers and opt out methods

Current through Vol. 41, No. 20, July 1, 2024
(a)
Opt out notice.
(1)
Form of opt out notice.
If a
				  licensee is required to provide an opt out notice under Subsection
				  365:35-5-20(a), it shall provide a clear and conspicuous notice to each of its
				  consumers that accurately explains the right to opt out under that section. The
				  notice shall state:
(A) That the licensee
				  discloses or reserves the right to disclose nonpublic personal financial
				  information about its consumer to a nonaffiliated third party;
(B) That the consumer has the right to opt
				  out of that disclosure; and
(C) A
				  reasonable means by which the consumer may exercise the opt out
				  right.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 3 - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 365:35-1-14 - Revised privacy notices

Current through Vol. 41, No. 20, July
				  1, 2024
(a)
General rule.
Except as otherwise authorized in this regulation, a
				  licensee shall not, directly or through an affiliate, disclose any nonpublic
				  personal financial information about a consumer to a nonaffiliated third party
				  other than as described in the initial notice that the licensee provided to
				  that consumer under Section
				  365:35-1-15, unless:
(1) The licensee has provided to the consumer
				  a clear and conspicuous revised notice that accurately describes its policies
				  and practices;
(2) The licensee has
				  provided to the consumer a new opt out notice;
(3) The licensee has given the consumer a
				  reasonable opportunity, before the licensee discloses the information to the
				  nonaffiliated third party, to opt out of the disclosure; and
(4) The consumer does not opt out.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 3 - PRIVACY AND OPT OUT NOTICES FOR FINANCIAL INFORMATION › Section 365:35-1-15 - Delivery

Current through Vol. 41, No. 20, July 1, 2024
(a)
How to provide notices.
A
				  licensee shall provide any notices that this regulation requires so that each
				  consumer can reasonably be expected to receive actual notice in writing or, if
				  the consumer agrees, electronically.
(b)
Examples.
(1)
Examples of reasonable expectation
				  of actual notice.
A licensee may reasonably expect that a consumer will
				  receive actual notice if the licensee:
(A)
				  Hand-delivers a printed copy of the notice to the consumer;
(B) Mails a printed copy of the notice to the
				  last known address of the consumer separately, or in a policy, billing or other
				  written communication;
(C) For a
				  consumer who conducts transactions electronically, posts the notice on the
				  electronic site and requires the consumer to acknowledge receipt of the notice
				  as a necessary step to obtaining a particular insurance product or
				  service;
(D) For an isolated
				  transaction with a consumer, such as the licensee providing an insurance quote
				  or selling the consumer travel insurance, posts the notice and requires the
				  consumer to acknowledge receipt of the notice as a necessary step to obtaining
				  the particular insurance product or service.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 5 - LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 365:35-1-20 - Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties

Current through Vol. 41, No. 20, July 1,
				  2024
(a)
Conditions for disclosure.
Except as otherwise authorized in this
				  regulation, a licensee may not, directly or through any affiliate, disclose any
				  nonpublic personal financial information about a consumer to a nonaffiliated
				  third party unless the licensee has provided to the consumer an initial notice
				  as required under Section
				  365:35-1-10;
				  the licensee has provided to the consumer an opt out notice as required in
				  Section
				  365:35-1-13;
				  the licensee has given the consumer a reasonable opportunity, before it
				  discloses the information to the nonaffiliated third party, to opt out of the
				  disclosure; and the consumer does not opt out.
(1)
Opt out definition.
Opt out
				  means a direction by the consumer that the licensee not disclose nonpublic
				  personal financial information about that consumer to a nonaffiliated third
				  party, other than as permitted by Sections
				  365:35-1-30,
				  31 and 32.
(2)
Examples of
				  reasonable opportunity to opt out.
A licensee provides a consumer with a
				  reasonable opportunity to opt out if:
(A)
By mail.
The licensee mails the notices required in Paragraph (1)
				  of this subsection to the consumer and allows the consumer to opt out by
				  mailing a form, calling a toll-free telephone number or any other reasonable
				  means within thirty (30) days from the date the licensee mailed the
				  notices.
(B)
By electronic
				  means.
A customer opens an on-line account with a licensee and agrees to
				  receive the notices required in Paragraph (1) of this subsection
				  electronically, and the licensee allows the customer to opt out by any
				  reasonable means within thirty (30) days after the date that the customer
				  acknowledges receipt of the notices in conjunction with opening the
				  account.
(C)
Isolated
				  transaction with consumer.
For an isolated transaction such as providing
				  the consumer with an insurance quote, a licensee provides the consumer with a
				  reasonable opportunity to opt out if the licensee provides the notices required
				  in Paragraph (1) of this subsection at the time of the transaction and requests
				  that the consumer decide, as a necessary part of the transaction, whether to
				  opt out before completing the transaction.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 5 - LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 365:35-1-21 - Limits on redisclosure and reuse of nonpublic personal financial information

Current through Vol. 41, No. 20, July 1,
				  2024
(a)
Information the licensee receives under an exception.
(1) If a licensee receives nonpublic personal
				  financial information from a nonaffiliated financial institution under an
				  exception in Sections
				  365:35-1-31
				  or 32 of this regulation, the licensee's disclosure and use of that information
				  is limited as follows:
(A) The licensee may
				  disclose the information to the affiliates of the financial institution from
				  which the licensee received the information;
(B) The licensee may disclose the information
				  to its affiliates, but the licensee's affiliates may, in turn, disclose and use
				  the information only to the extent that the licensee may disclose and use the
				  information; and
(C) The licensee
				  may disclose and use the information pursuant to an exception in Sections
				  365:35-1-31
				  or 32 of this regulation, in the ordinary course of business to carry out the
				  activity covered by the exception under which the licensee received the
				  information.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 5 - LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 365:35-1-22 - Limits on sharing account number information for marketing purposes

Current through Vol. 41, No. 20, July 1, 2024
(a)
General prohibition on disclosure
				  of account numbers.
A licensee shall not, directly or through an
				  affiliate, disclose, other than to a consumer reporting agency, a policy number
				  or similar form of access number or access code for a consumer's policy or
				  transaction account to any nonaffiliated third party for use in telemarketing,
				  direct mail marketing or other marketing through electronic mail to the
				  consumer.
(b)
Exceptions.
Subsection (a) of this section does not apply if a
				  licensee discloses a policy number or similar form of access number or access
				  code:
(1) To the licensee's service provider
				  solely in order to perform marketing for the licensee's own products or
				  services, as long as the service provider is not authorized to directly
				  initiate charges to the account;
(2) To a licensee who is a producer solely in
				  order to perform marketing for the licensee's own products or services;
				  or
(3) To a participant in an
				  affinity or similar program where the participants in the program are
				  identified to the customer when the customer enters into the program.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 7 - EXCEPTIONS TO LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 365:35-1-30 - Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing

Current through Vol. 41, No. 20, July 1, 2024
(a)
General rule.
(1) The opt out requirements in Sections
				  365:35-1-13
				  and
				  365:35-1-20
				  do not apply when a licensee provides nonpublic personal financial information
				  to a nonaffiliated third party to perform services for the licensee or
				  functions on the licensee's behalf, if the licensee:
(A) Provides the initial notice in accordance
				  with Section
				  365:35-1-10;
				  and
(B) Enters into a contractual
				  agreement with the third party that prohibits the third party from disclosing
				  or using the information other than to carry out the purposes for which the
				  licensee disclosed the information, including use under an exception in
				  Sections
				  365:35-1-31
				  or 32 in the ordinary course of business to carry out those purposes.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 7 - EXCEPTIONS TO LIMITS ON DISCLOSURES OF FINANCIAL INFORMATION › Section 365:35-1-31 - Exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Exceptions for processing
				  transactions at consumer's request.
The requirements for initial notice
				  in Paragraph
				  365:35-1-10(a)(2),
				  the opt out in Sections
				  365:35-1-13
				  and 20, and service providers and joint marketing in Section
				  365:35-1-30
				  do not apply if the licensee discloses nonpublic personal financial information
				  as necessary to effect, administer or enforce a transaction that a consumer
				  requests or authorizes, or in connection with:
(1) Servicing or processing an insurance
				  product or service that a consumer requests or authorizes;
(2) Maintaining or servicing the consumer's
				  account with a licensee, or with another entity as part of a private label
				  credit card program or other extension of credit on behalf of such
				  entity;
(3) A proposed or actual
				  securitization, secondary market sale (including sales of servicing rights) or
				  similar transaction related to a transaction of the consumer; or
(4) Reinsurance or stop loss or excess loss
				  insurance.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 9 - RULES FOR HEALTH INFORMATION › Section 365:35-1-41 - Authorizations

Current through Vol. 41, No. 20, July 1, 2024
(a) A valid authorization to disclose
				  nonpublic personal health information pursuant to this Part 9 shall be in
				  written or electronic form and shall contain all of the following:
(1) The identity of the consumer or customer
				  who is the subject of the nonpublic personal health information;
(2) A general description of the types of
				  nonpublic personal health information to be disclosed;
(3) General descriptions of the parties to
				  whom the licensee discloses nonpublic personal health information, the purpose
				  of the disclosure and how the information will be used;
(4) The signature of the consumer or customer
				  who is the subject of the nonpublic personal health information or the
				  individual who is legally empowered to grant authority and the date signed;
				  and
(5) Notice of the length of
				  time for which the authorization is valid and that the consumer or customer may
				  revoke the authorization at any time and the procedure for making a
				  revocation.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 9 - RULES FOR HEALTH INFORMATION › Section 365:35-1-42 - Authorization request delivery

Current through Vol. 41, No. 20, July
				  1, 2024
A request for authorization and an authorization form may
					 be delivered to a consumer or a customer as part of an opt-out notice pursuant
					 to Section
					 365:35-1-15, provided
					 that the request and the authorization form are clear and conspicuous. An
					 authorization form is not required to be delivered to the consumer or customer
					 or included in any other notices unless the licensee intends to disclose
					 protected health information pursuant to Subsection
					 365:35-1-40(a).
Added at 18 Ok Reg
					 3646, eff 7-20-01 (emergency); Added at 19 Ok Reg 1326, eff
					 7-14-02
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 9 - RULES FOR HEALTH INFORMATION › Section 365:35-1-43 - Relationship to federal rules

Current through Vol. 41, No. 20, July
				  1, 2024
Irrespective of whether a licensee is subject to the
					 federal Health Insurance Portability and Accountability Act privacy rule as
					 promulgated by the U.S. Department of Health and Human Services (codified as 45
					 C.F.R. Parts 160 - 164 ) (the "federal rule"), if a licensee complies with all
					 requirements of the federal rule except for its effective date provision, the
					 licensee shall not be subject to the provisions of this Part
					 9.
Added at 18 Ok Reg
					 3646, eff 7-20-01 (emergency); Added at 19 Ok Reg 1326, eff
					 7-14-02
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 9 - RULES FOR HEALTH INFORMATION › Section 365:35-1-44 - Relationship to state laws

Current through Vol. 41, No. 20, July 1,
				  2024
Nothing in this Part shall preempt or supercede existing
					 state law related to medical records, health or insurance information
					 privacy.
Added at 18 Ok Reg
					 3646, eff 7-20-01 (emergency); Added at 19 Ok Reg 1326, eff
					 7-14-02
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 11 - ADDITIONAL PROVISIONS › Section 365:35-1-50 - Protection of Fair Credit Reporting Act

Current through Vol. 41,
				  No. 20, July 1, 2024
Nothing in this regulation shall be construed to modify,
					 limit or supersede the operation of the federal Fair Credit Reporting Act (
					 15 U.S.C.
					 1681 et seq.), and no inference shall be
					 drawn on the basis of the provisions of this regulation regarding whether
					 information is transaction or experience information under Section 603 of that
					 Act.
Added at 18 Ok Reg
					 3646, eff 7-20-01 (emergency); Added at 19 Ok Reg 1326, eff
					 7-14-02
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 11 - ADDITIONAL PROVISIONS › Section 365:35-1-51 - Nondiscrimination

Current through Vol. 41, No. 20, July 1, 2024
(a) A licensee shall not unfairly
				  discriminate against any consumer or customer because that consumer or customer
				  has opted out from the disclosure of his or her nonpublic personal financial
				  information pursuant to the provisions of this regulation.
(b) A licensee shall not unfairly
				  discriminate against a consumer or customer because that consumer or customer
				  has not granted authorization for the disclosure of his or her nonpublic
				  personal health information pursuant to the provisions of this
				  regulation.
Added at 18 Ok Reg
					 3645, eff 9-7-01 (emergency); Added at 19 Ok Reg 1326, eff
					 7-14-02
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 11 - ADDITIONAL PROVISIONS › Section 365:35-1-52 - Violation

Current through Vol. 41, No. 20, July 1, 2024
Violation of this regulation is a violation of Article 12
					 of Title 36 of this state's statutes.
Added at 18 Ok Reg
					 3646, eff 7-20-01 (emergency); Added at 19 Ok Reg 1326, eff
					 7-14-02
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 11 - ADDITIONAL PROVISIONS › Section 365:35-1-53 - Severability

Current through Vol. 41, No. 20, July 1, 2024
If any section or portion of a section of this regulation
					 or its applicability to any person or circumstance is held invalid by a court,
					 the remainder of the regulation or the applicability of the provision to other
					 persons or circumstances shall not be affected.
Added at 18 Ok Reg
					 3646, eff 7-20-01 (emergency); Added at 19 Ok Reg 1326, eff
					 7-14-02
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 1 - Privacy of Consumer Financial and Health Information Regulation › Part 11 - ADDITIONAL PROVISIONS › Section 365:35-1-54 - Effective date

Current through Vol. 41, No. 20, July 1,
				  2024
(a)
Effective
				  date.
This regulation is effective on July 14, 2002.
(b)
Two-year grandfathering of service
				  agreements.
Until July 1, 2003, a contract that a licensee has entered
				  into with a nonaffiliated third party to perform services for the licensee or
				  functions on the licensee's behalf satisfies the provisions of Subparagraph
				  365:35-1-30(a)(1)(B)
				  of this regulation, even if the contract does not include a requirement that
				  the third party maintain the confidentiality of nonpublic personal information,
				  as long as the licensee entered into the agreement on or before July 1,
				  2001.
Added at 18 Ok Reg
					 3646, eff 7-20-01 (emergency); Added at 19 Ok Reg 1326, eff
					 7-14-02
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 3 - Standards for Safeguarding Customer Information Regulation › Section 365:35-3-1 - Preamble

Current through Vol. 41, No. 20, July 1, 2024
(a) This regulation establishes standards for
				developing and implementing administrative, technical and physical safeguards
				to protect the security, confidentiality and integrity of customer information,
				pursuant to Sections 501, 505(b), and 507 of the Gramm-Leach-Bliley Act,
				codified at
				15 U.S.C.
				6801,
				6805(b)
				and
				6807.
(b) Section 501(a) provides that it is the
				policy of the Congress that each financial institution has an affirmative and
				continuing obligation to respect the privacy of its customers and to protect
				the security and confidentiality of those customers' nonpublic personal
				information. Section 501(b) requires the state insurance regulatory authorities
				to establish appropriate standards relating to administrative, technical and
				physical safeguards:
(1) to ensure the
				security and confidentiality of customer records and information;
(2) to protect against any anticipated
				threats or hazards to the security or integrity of such records; and
(3) to protect against unauthorized access to
				or use of records or information that could result in substantial harm or
				inconvenience to a customer.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 3 - Standards for Safeguarding Customer Information Regulation › Section 365:35-3-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
For purposes of this regulation, the following definitions
				  apply:
(a)
"Customer"
means a customer of the licensee as the term customer is defined in Section
				365:35-1-4(9).
(b)
"Customer information"
means
				nonpublic personal information as defined in Section
				365:35-1-4(19)
				about a customer, whether in paper, electronic or other form, that is
				maintained by or on behalf of the licensee.
(c)
"Customer information
				systems"
means the electronic or physical methods used to access,
				collect, store, use, transmit, protect or dispose of customer
				information.
(d)
"Licensee"
means a licensee as that term is defined in O.A.C.
				365:35-1-4(17),
				except that "licensee" shall not include: a purchasing group; an unauthorized
				insurer in regard to the excess line business conducted pursuant to Article 11
				of Title 36; or licensees involved in providing workers compensation
				insurance.
(e)
"Service
				provider"
means a person that maintains, processes or otherwise is
				permitted access to customer information through its provision of services
				directly to the licensee.
Added at 22 Ok Reg 2059,
				  eff 7-14-05
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 3 - Standards for Safeguarding Customer Information Regulation › Section 365:35-3-3 - Information security program

Current through Vol. 41, No. 20, July
				1, 2024
Each licensee shall implement a comprehensive written
				  information security program that includes administrative, technical and
				  physical safeguards for the protection of customer information. The
				  administrative, technical and physical safeguards included in the information
				  security program shall be appropriate to the size and complexity of the
				  licensee and the nature and scope of its activities.
Added at 22 Ok Reg 2059,
				  eff 7-14-05
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 3 - Standards for Safeguarding Customer Information Regulation › Section 365:35-3-4 - Objectives of information security program

Current through Vol.
				41, No. 20, July 1, 2024
A licensee's information security program shall be designed
				  to:
(1) Ensure the security and
				confidentiality of customer information;
(2) Protect against any anticipated threats
				or hazards to the security or integrity of the information; and
(3) Protect against unauthorized access to or
				use of the information that could result in substantial harm or inconvenience
				to any customer.
Added at 22 Ok Reg 2059,
				  eff 7-14-05
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 3 - Standards for Safeguarding Customer Information Regulation › Section 365:35-3-5 - Examples of methods of development and implementation

Current
				through Vol. 41, No. 20, July 1, 2024
The actions and procedures described in Sections
				  365:35-3-6 through 9
				  of this regulation are examples of methods of implementation of the
				  requirements of Sections
				  365:35-3-3
				  and 4 of this regulation. These examples are non-exclusive illustrations of
				  actions and procedures that licensees may follow to implement Sections
				  365:35-3-3
				  and 4 of this regulation.
Added at 22 Ok Reg 2059,
				  eff 7-14-05
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 3 - Standards for Safeguarding Customer Information Regulation › Section 365:35-3-6 - Assess risk

Current through Vol. 41, No. 20, July 1,
				2024
The licensee:
(1)
				Identifies reasonably foreseeable internal or external threats that could
				result in unauthorized disclosure, misuse, alteration or destruction of
				customer information or customer information systems;
(2) Assesses the likelihood and potential
				damage of these threats, taking into consideration the sensitivity of customer
				information; and
(3) Assesses the
				sufficiency of policies, procedures, customer information systems and other
				safeguards in place to control risks.
Added at 22 Ok Reg 2059,
				  eff 7-14-05
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 35 - Privacy › Subchapter 3 - Standards for Safeguarding Customer Information Regulation › Section 365:35-3-7 - Manage and control risk

Current through Vol. 41, No. 20, July 1,
				2024
The licensee:
(1)
				Designs its information security program to control the identified risks,
				commensurate with the sensitivity of the information, as well as the complexity
				and scope of the licensee's activities;
(2) Trains staff, as appropriate, to
				implement the licensee's information security program; and
(3) Regularly tests or otherwise regularly
				monitors the key controls, systems and procedures of the information security
				program. The frequency and nature of these tests or other monitoring practices
				are determined by the licensee's risk assessment.
Added at 22 Ok Reg 2059,
				  eff 7-14-05