(a) An insurer is responsible for compliance with this regulation. If a violation occurs, either because of the action or inaction of the insurer or its producer, the Commissioner may order:
- (1) An insurer to take reasonably appropriate corrective action for any consumer harmed by a failure to comply with this regulation by the insurer, an entity contracted to perform the insurer's supervisory duties, or by the producer;
- (2) A general agency, independent agency, or the producer to take reasonably appropriate corrective action for any consumer harmed by the producer's violation of this regulation; and
- (3) Appropriate penalties and sanctions.
- (b) Any applicable penalty under 36 O.S. §§ 619 and 1435.13 for a violation of this regulation may be reduced or eliminated at the discretion of the Commissioner if corrective action for the consumer was taken promptly after a violation was discovered or the violation was not part of a pattern or practice.
- (c) The authority to enforce compliance with this regulation is vested exclusively with the Commissioner.
Added at 22 Ok Reg 1429, eff 5-4-05 (emergency)
Added at 23 Ok Reg 2738, eff 7-14-06
Amended at 24 Ok Reg 2217, eff 7-14-07
Amended at 40 Ok Reg 1628, eff 9-1-23