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§36-6124.
§36-6124.
A. Each organization desiring to accept money or anything of value for
prepaid funeral benefits or an agreement to provide funeral benefits
in the future at a fixed or predetermined cost, shall file an
application for a permit with the Insurance Commissioner, and shall at
the time of filing such application pay one initial filing fee of
Fifty Dollars ($50.00). The Insurance Commissioner shall issue a
permit upon the receipt of the application and payment of the filing
fee, and upon making a finding that the applicant has complied with
the rules and regulations as may be established under this act by the
Insurance Commissioner. Additionally, after January 1, 1994, the
Insurance Commissioner shall be required to confirm compliance of the
applicant with the Funeral Services Licensing Act, Section 395.1 et
seq. of Title 59 of the Oklahoma Statutes, and the rules and
regulations established pursuant to said act, or the Agents Licensing
Act, Section 1421 et seq. of this title, prior to the issuance of the
permit. Provided that all such applications shall be signed by the
organization requesting the permit, and shall contain a statement that
the applicant will comply with all the requirements as established by
this act. All permits shall expire on the 31st day of December of the
year said permit is first issued, unless renewed; permits may be
renewed for a period not to exceed the succeeding December 31 upon the
payment of a renewal fee of Fifty Dollars ($50.00). Late application
for renewal of a license shall require a fee of double the renewal
fee. No application for renewal of a license shall be accepted after
January 31 of each year. Applicants shall be required to reapply as if
they were a new applicant.
B. The Insurance Commissioner may cancel a permit or refuse to issue a
permit or refuse to issue a renewal of such permit for failure to
comply with any provision of this act, or any valid rule or
regulation, which the Insurance Commissioner has prescribed, after
reasonable notice to the permittee and after hearing if the permittee
requests a hearing. When the Insurance Commissioner cancels a permit
or refuses to issue a renewal of such permit for a violation as
provided by this subsection, the Insurance Commissioner shall notify
the Oklahoma State Board of Embalmers and Funeral Directors of such
action and the nature of any violations.
C. No organization shall be entitled to a new permit for a period of
one (1) year after cancellation, or refusal by the Insurance
Commissioner to renew his permit but shall thereafter be entitled to a
new permit upon satisfactory proof of compliance with this law, after
the expiration of said one (1) year.
D. Any person or organization aggrieved by the actions of the
Insurance Commissioner may appeal therefrom as provided by the
Administrative Procedures Act, Section 301 et seq. of Title 75 of the
Oklahoma Statutes.
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