§ 36-7125 — Application for permit - Cancellation of or refusal to

issue or renew permit - Appeal. A. Each organization desiring to accept money or anything of value for prepaid cemetery merchandise shall file an application for a permit with the Insurance Commissioner, and shall at the time of filing the application pay one initial filing fee of Two Hundred Dollars ($200.00). All applications shall be filed electronically in the manner and form prescribed by the Commissioner, along with any applicable transaction or other fees. The Commissioner may issue a permit upon the receipt of the application, the annual report in accordance with Section 7128 of this title and payment of the filing fees, and upon making a finding that the applicant has complied with the Cemetery Merchandise Trust Act and the rules as may be established pursuant to the Cemetery Merchandise Trust Act by the Commissioner. All 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 pursuant to the Cemetery Merchandise Trust Act. All permits shall expire on March 15 of the year following the year the permit is first issued, unless renewed. Permits may be renewed for a period not to exceed the succeeding March 15 upon the payment of a renewal fee of Two Hundred Dollars ($200.00). Any permit expired for failure to submit a renewal application may be reinstated within ninety (90) days after the expiration date by electronically submitting a fee in an amount that is double the renewal fee and a renewal application in the form and manner prescribed by the Insurance Commissioner, along with any transaction or other applicable fees. The Insurance Commissioner shall require a permit holder whose permit has been expired for more than ninety (90) days to reapply as if they were a new applicant and pay an application fee equal to an amount that is double the renewal fee in addition to any fines imposed. All applications received after the permit has been expired for more than ninety (90) days shall include a detailed report of services provided in this state during the period of expired permit. B. The Commissioner may suspend, revoke, refuse to issue, or refuse to renew a permit for failure to comply with any provisions of the Cemetery Merchandise Trust Act or any rules promulgated thereto by the Commissioner, after reasonable notice to the permittee and opportunity for hearing before the Commissioner in accordance with Article II of the Administrative Procedures Act. C. No organization shall be entitled to a permit after revocation, or refusal by the Commissioner to renew a permit, but may thereafter be issued a permit upon satisfactory proof of compliance with the Cemetery Merchandise Trust Act and the rules promulgated thereto. D. An organization aggrieved by the actions of the Commissioner may appeal therefrom to the Oklahoma Insurance Department as provided by the Administrative Procedures Act. E. Each permit holder shall electronically submit, in a form and manner prescribed by the Insurance Commissioner, along with any applicable fees, any change of legal business name, dba or assumed name, address, or email address within thirty (30) days after the change occurred. Any submission of a change of legal business name, dba or assumed name, address, or contact eemail address received more than thirty (30) days after the change occurred shall be accompanied by a fee of Fifty Dollars ($50.00). F. Every permit holder, upon receipt of any inquiry from the Insurance Commissioner, shall, within twenty (20) days from the date of receipt of the inquiry, furnish the Insurance Commissioner with an adequate response to the inquiry.

Legislative History

Added by Laws 1989, c. 297, § 21, eff. Nov. 1, 1989. Amended by Laws 1995, c. 82, § 7, eff. Nov. 1, 1995; Laws 2000, c. 205, § 30, emerg. eff. May 17, 2000; Laws 2008, c. 275, § 9, eff. July 1, 2008; Laws 2010, c. 58, § 15, eff. July 1, 2010. Renumbered from § 305 of Title 8 by Laws 2010, c. 58, § 42, eff. July 1, 2010. Amended by Laws 2013, c. 269, § 21, eff. Nov. 1, 2013; Laws 2025, c. 55, § 11, eff. Nov. 1, 2025.