1. A. If any surplus line broker fails to remit the surplus line tax provided for by Section 1115 of this title for more than sixty (60) days after it is due, he shall be liable to a fine of not to exceed Twenty-five Dollars ($25.00) for each additional day of delinquency. The Insurance Commissioner shall collect the tax by distraint and shall recover the fine by an action in the name of the State of Oklahoma. All fines shall be paid into the general fund of the state.
2. B. If any person, corporation, association or partnership procuring or accepting any policy of insurance from an unauthorized insurer, otherwise than through a licensed surplus line broker in this state, fails to remit the surplus line tax provided for by subsection D of Section 1115 of this title, such person, corporation, association or partnership shall, in addition to said tax, be liable to a fine in an amount equal to one percent (1%) of the premiums paid or agreed to be paid for such policy or policies of insurance for each calendar month of delinquency or a fine in the amount of Twenty-five Dollars ($25.00) whichever shall be the greater. The Insurance Commissioner shall collect the tax by distraint and shall recover the fine in an action in the name of the State of Oklahoma. Such fine may be totally or partially waived to the Insurance Commissioner provided the person, corporation, association or partnership that procured or accepted a policy of insurance from an unauthorized insurer and failed to pay the tax satisfactorily explains the situation to the Insurance Commissioner, or provided such failure has resulted from a mistake of either the law or the facts which subjects the person, corporation, association or partnership to such tax. The waiver of all or any part of any such fine in excess of One Thousand Five Hundred Dollars ($1,500.00) shall not become effective unless approved by a judge of the district court of the county of residence or principal place of doing business of the person, corporation, association or partnership failing to remit such surplus line tax, after a full hearing thereon. All fines shall be paid into the general fund of the state.

Laws 1957, HB 501, p. 259, § 1116; Amended by Laws 1959, HB 845, p. 135, § 1, emerg. eff. July 8, 1959; Amended by Laws 1991, SB 175, c. 146, § 6, eff. September 1, 1991; Amended by Laws 1992, HB 2202, c. 65, § 2, eff. September 1, 1992.