§36-1647. Appeal to district court by aggrieved persons.
209 words·~1 min read·
/ok/title-36-insurance/36-1647·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Any person aggrieved by any act, determination, rule, regulation or order or any other action of the Commissioner pursuant to this act may appeal to the district court for Oklahoma County. The court shall conduct its review without a jury and by trial de novo, except that if all parties, including the Commissioner, so stipulate, the review shall be confined to the record. Portions of the record may be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating.
B. The filing of an appeal pursuant to this section shall stay the application of any rule, regulation, order or other action of the Commissioner to the appealing party unless the court, after giving the party notice and an opportunity to be heard, determines that a stay would be detrimental to the interest of policyholders, shareholders, creditors or the public.
C. Any person aggrieved by any failure of the Commissioner to act or make a determination required by this act may petition the district court for Oklahoma County for a writ in the nature of a mandamus or a peremptory mandamus directing the Commissioner to act or make a determination. Added by Laws 2017, c. 350, § 17, emerg. eff. May 31, 2017.