justicedao/ipfs_state_laws huggingface dataset:
836-071-0272 Scope of OAR 836-071-0269 to 836-071-0277; Definitions (1) OAR 836-071-0269 to 836-071-0277 do not apply to the transaction of life insurance, mortgage insurance, or title insurance. (2) "Service fee" means a charge made by an insurance producer with respect to an insurance transaction to a party other than the insurer, which charge is not a part of the insurer's rate filing under ORS Chapter 737. "Service fee" does not include finance or service charges governed by 746.405 to 746.530 (Premium Financing). Formerly: OAR 836-030-0055 Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 737.205, 742.009, 746.015 & 746.405 - 746.525 History: Renumbered from 836-030-0055, ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 15-1996, f. & cert. ef. 11-12-96 Reverted to IC 58, f. 8-9-74, ef. 9-11-74 IC 9-1983(Temp), f. 11-10-83, ef. 11-15-83 IC 58, f. 8-9-74, ef. 9-11-74
836-071-0274 Service Fees Prohibited on Personal Lines Except as provided in OAR 836-071-0267, a service fee may not be charged with respect to the transaction of insurance covering an individual's person, property, or liability. Coverage of several individuals as members of the same family or household is considered individual coverage for the purpose of this rule. Formerly: 836-030-0060 Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 737.205, 742.009, 746.015 & 746.405 - 746.525 History: Renumbered from 836-030-0060, ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 Reverted to IC 58, f. 8-9-74, ef. 9-11-74 IC 9-1983(Temp), f. 11-10-83, ef. 11-15-83 IC 58, f. 8-9-74, ef. 9-11-74
836-071-0277 Service Fees Allowed on Commercial Lines; Conditions (1) Service fees may be charged with respect to the transaction of insurance that covers other than an individual's person, property, or liability. (2) Except as authorized in ORS 744.091 and 744.093, a service fee may be charged only in those instances where the insurance producer has provided service additional to what is the usual and customary practice of insurance producers under similar circumstances. The insurance producer must give a written explanation of the charge and the reason for it to the person charged. If OAR 836-071-0260 or 836-071-0263 applies to the transaction in which a service fee is charged under this rule, the insurance producer may include the written explanation with the disclosure required by 836-071-0260 or 836-071-0263 or provide the written explanation separately. (3) A service fee may not be charged with respect to arranging the financing of premium payments. This does not preclude finance charges by insurance producers on their own accounts, or service charges by premium finance companies, which conform to the provisions of ORS 746.405 to 746.530. Statutory/Other Authority: ORS 731.244, 744.077 & 744.650 Statutes/Other Implemented: ORS 737.205, 742.009, 746.015 & 746.405 - 746.525 History: ID 13-2005, f. 12-29-05, cert. ef. 1-15-06 ID 9-2005(Temp), f. 5-18-05, cert. ef. 8-1-05 thru 1-15-06 Renumbered from 836-030-0065, ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 Reverted to IC 58, f. 8-9-74, ef. 9-11-74 IC 9-1983(Temp), f. 11-10-83, ef. 11-15-83 IC 58, f. 8-9-74, ef. 9-11-74
836-071-0280 Permitted and Prohibited Activities of Insurance Personnel Exempt from Insurance Producer License Requirement For purposes of ORS 744.056(2)(a): (1) An unlicensed person whose activities are executive, administrative, managerial, clerical or a combination of these and is employed by an insurance producer may engage in any activity described in this section, subject to review by the insurance producer or an insurance producer employed by the insurance producer if review is required under this section, if the unlicensed person engages in the activity under the supervision of the insurance producer and on the premises of the insurance producer’s business. The unlicensed person may: (a) Disclose rates to the insurance-buying public, but only if the rates are reviewed by the insurance producer prior to submission to the insurer; (b) Fill out an application for insurance if the application is reviewed by the insurance producer prior to submission to the insurer; (c) Accept or receive an insurance premium; (d) Provide information to current policyholders addressing existing policy terms; (e) Take requests for changes on in-force policies; (f) Obtain information needed from insureds; (g) Receive claim information directly from insureds and claimants; (h) Engage in telephone marketing or making appointments, but only to the extent that the person may obtain policy expiration dates; and (i) Transmit insurance policies to insureds. (2) An unlicensed person whose activities are executive, administrative, managerial, clerical or a combination of these and is employed by an insurer may engage in any activity described in this section. The unlicensed person may: (a) Disclose rates to the insurance-buying public; (b) Fill out an application for insurance; (c) Accept or receive an insurance premium; (d) Provide information to current policyholders addressing existing policy terms; (e) Take requests for changes on in-force policies; (f) Obtain information needed from insureds; (g) Receive claim information directly from insureds and claimants; (h) Engage in telephone marketing or making appointments, but only to the extent that the person may obtain policy expiration dates; (i) Transmit insurance policies to insureds; and (j) Analyze, interpret and resolve policy coverage questions regarding a claim. (3) An unlicensed person whose activities are executive, administrative, managerial, clerical or a combination of these and is employed by an insurance producer may engage in the following activities only if they are indirectly related to the sale, solicitation or negotiation of insurance: (a) Binding coverage; or (b) Interpreting policy coverages. Statutory/Other Authority: ORS 731.244 & 744.056 Statutes/Other Implemented: ORS 744.056 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 9-2002, f. & cert. ef. 3-18-02 ID 6-1994, f. & cert. ef. 5-20-94 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0285 Insurance Producer Review of Applications An insurance producer who permits an unlicensed person to fill out an application for insurance as authorized under OAR 836-071-0280 must indicate on the office copy of the application that the insurance producer reviewed the application, giving the date of the review. Statutory/Other Authority: ORS 731 & 744 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0287 Transaction of Group Life, Health Insurance by Insurance Producer without Appointment (1) Subject to section (2) of this rule: (a) An insurance producer licensed to transact life or health insurance, or both such classes, may solicit group insurance authorized under the license of the insurance producer for an insurer with whom the insurance producer does not hold an appointment; and (b) The insurer may issue proposals based on the solicitation by the insurance producer. (2) If an insurance producer under section (1) of this rule submits to the insurer an application for group coverage based on the solicitation, the insurer may not issue the coverage unless the insurer files the notice of the appointment with the Director as provided in ORS 744.078. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.053 & 744.078 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 9-2002, f. & cert. ef. 3-18-02 ID 15-1996, f. & cert. ef. 11-12-96 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0291 Certificate of Deposit in Lieu of Trust Account For purposes of ORS 744.084, evidence of a certificate of deposit kept by an insurance producer is satisfactory: (1) If the evidence is a written statement of verification issued by the institution issuing the certificate to the insurance producer; and (2) If the statement shows the date of renewal, if any, and verifies that the certificate is valid as of the date of the request by the Director for verification of the certificate. Formerly: OAR 386-071-0275 Statutory/Other Authority: ORS 731.244 & 744.084 Statutes/Other Implemented: ORS 744.084 History: Renumbered from 836-071-0275, ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0295 Transaction of Insurance by Individual Insurance Producer for Appointed Firm or CorporateInsurance Producer An individual insurance producer affiliated by employment or contract with a firm or corporate insurance producer that is appointed by an insurer may transact insurance for the insurer without an appointment from the insurer. An individual insurance producer may so transact insurance only with respect to the classes of insurance endorsed on the license of the individual insurance producer. For purposes of this rule, an individual insurance producer is affiliated with a firm or corporate insurance producer if the individual insurance producer under the contract is authorized to transact insurance in the name of the firm or corporate insurance producer. Statutory/Other Authority: ORS 731 & 744 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0297 Permitted Transaction of Insurance by Unappointed Insurance Producer (1) When an insurance producer does not hold an appointment with an insurer, the insurance producer may transact casualty insurance, property insurance or both by placing the insurance with the insurer through a firm or corporate insurance producer appointed by the insurer and: (a) The appointed insurance producer has a contract with the unappointed insurance producer that specifies the binding authority, if any, and fiduciary responsibility of the unappointed insurance producer, including ownership and payment of the premiums, but does not authorize the unappointed insurance producer to act in the name of the appointed insurance producer; and (b) The appointed insurance producer obtains at least 90 percent of its premium under contractual agreement with unappointed insurance producers that are not affiliated with the firm or corporate insurance producer. (2) This rule does not apply to the transaction of insurance by an individual insurance producer affiliated with a firm or corporate insurance producer as provided in OAR 836-071-0295. Statutory/Other Authority: ORS 731.244 & 744 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 9-2002, f. & cert. ef. 3-18-02 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0300 Requirement of Contract with or Employment of Licensee A firm or corporate adjuster or insurance consultant may engage in a category or class of insurance through an individual licensee as authorized under ORS 744.022 only if the firm or corporate licensee employs or has entered a contract with the individual licensee. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.022 History: ID 9-2002, f. & cert. ef. 3-18-02 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0310 Referral Fee from Oregon Medical Insurance Pool An insurance producer authorized to transact health insurance in Oregon may receive a referral fee from the Oregon Medical Insurance Pool, established under ORS 735.600 to 735.650, for referring prospective insureds to the Pool, without being appointed as an insurance producer by the Pool or its administering insurer or otherwise being authorized to act as an agent of the Pool, its governing board or its administering insurer. Statutory/Other Authority: ORS 731 & 744 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 9-2002, f. & cert. ef. 3-18-02 ID 22-1990, f. 12-20-90, cert. ef. 12-26-90 ID 14-1990(Temp), f. & cert. ef. 6-29-90
836-071-0315 Managing General Agents; Dollar Amounts Governing Settlement Authority Procedures Under Contract with Insurer For the purpose of the requirement of the written contract between a managing general agent and an insurer established under ORS 744.306, if the contract permits the managing general agent to settle claims on behalf of the insurer: (1) The amount established by the Director for purposes of ORS 744.306(4)(b)(A) is $10,000. (2) The amount established by the Director for purposes of ORS 744.306(4)(c) is $10,000. Statutory/Other Authority: ORS 731.244, 744.300, 744.306, 744.313 & 744.314 History: ID 6-1992, f. & cert. ef. 3-26-92
836-071-0320 Managing General Agents; Designation of Associations of Actuaries For purposes of ORS 744.313, the Director determines the following associations of actuaries to have established adequate professional standards for membership: (1) The American Academy of Actuaries. (2) The Casualty Actuarial Society. (3) The Society of Actuaries. (4) The Canadian Institute of Actuaries. Statutory/Other Authority: ORS 731.244, 744.300, 744.306, 744.313 & 744.314 History: ID 6-1992, f. & cert. ef. 3-26-92
836-071-0321 Terms for OAR 836-071-0323 to 836-071-0346 For purposes of OAR 836-071-0323 to 836-071-0346: (1) A felony offense involving dishonesty includes but is not limited to any offense constituting or involving theft, burglary, perjury, bribery, forgery, counterfeiting, a false or misleading oral or written statement, deception, fraud, a scheme or artifice to deceive or defraud, a material misrepresentation or the failure to disclose material facts, or any felony the commission of which is determined by the Director to have involved some element of deceit, misrepresentation, untruthfulness or falsification. (2) A breach of trust includes but is not limited to any offense constituting or involving misuse, misapplication or misappropriation of anything of value held as a fiduciary, including but not limited to a trustee, administrator, executor, conservator, receiver, guardian, agent, employee, partner, officer, director or public servant, or anything of value of any public, private or charitable organization. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 731.428, 744.013 & 744.074 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05
836-071-0323 License Applicants and Licensees with Prior Convictions (1) When the Director considers an application for a license that indicates the applicant has been convicted of a crime or crimes described in ORS 744.113(1)(e) or 744.074(1)(f), the Director shall determine whether the crime or any of the crimes is an offense under 18 U.S.C. sec. 1033 or a felony offense involving dishonesty or breach of trust that is subject to 18 U.S.C. sec. 1033. (2) An applicant for a license who has been convicted by final judgment of an offense under 18 U.S.C. sec. 1033 or of any felony offense involving dishonesty or breach of trust does not qualify for the license unless: (a) The Director has reviewed the entire application of the applicant and has determined that the applicant qualifies for the license; and (b) The Director issues a written consent as provided in this rule. (3) An applicant for a license to whom subsection (2) of this rule applies must apply to the Director for a consent as provided in OAR 836-071-0326. (4) A licensee who has ever been convicted of an offense described in section (1) of this rule must apply to the Director for a consent as provided in OAR 836-071-0326. The licensee may not retain the license unless the Director issues a written consent as provided in this rule. (5) A licensee who, while licensed, is convicted of an offense described in section (1) of this rule must apply to the Director for a consent as provided in OAR 836-071-0326 not later than the 30th day after the date of the final judgment. The licensee may not retain the license unless the Director issues a written consent as provided in this rule. (6) A license applicant or licensee who is appointed or expects to be appointed by more than one insurer need submit only one consent application under OAR 836-071-0326, but the application and related letters, statements and other information must relate to the insurer with whom the license applicant or licensee has or will have the most substantial ongoing business relationship. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 731.428, 744.013 & 744.074 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 9-2002, f. & cert. ef. 3-18-02 ID 9-2000, f. & cert. ef 10-24-00
836-071-0326 Application by Person under OAR 836-071-0323 (1) A person to whom OAR 836-071-0323 applies must submit a consent application on a form provided by the Director. (2) A person shall submit with the application the following: (a) A letter from the president of the insurer, or designee of the president, for whom the person acts or will act, that the president or designee is aware of the offense or offenses to which the consent application applies and that the president or designee attests to the character of the person. The letter should describe the person's character traits as they relate to the employment, position or activities for which written consent is sought and the duties and responsibilities thereof. (b) At least five letters or other forms of statement addressed to the Director, attesting to the character and reputation of the person, in addition to the letter required in subsection (a) of this section. The statement as to character should indicate the length of time the writer has known the person and should describe the person's character traits as they relate to the employment, position or activities for which written consent is sought and the duties and responsibilities thereof. The statement as to reputation must attest to the person's reputation in the person's community, circle of business or social acquaintances. (3) Each letter or statement required in section (2) of this rule should indicate that it has been submitted in compliance with these procedures and that the person has informed the writer of the factual basis of the application being filed with the Director and the purpose thereof. In evaluating letters or statements from relatives by blood or marriage, prospective employers or insurance related business activities, or persons serving in any capacity with the insurer, its employees or agents, the Director may take into account the personal and business interests of those persons. (4) A person shall also submit with the application under this rule a current credit report from a credit bureau. A credit report is current if it was issued within 30 days after the date of the application. (5) A person shall submit information in addition to that required in this rule as the Director determines to be appropriate for the proper consideration and disposition of the consent application under this rule. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 731.428 & 744.013 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 9-2000, f. & cert. ef. 10-24-00
836-071-0328 Unlicensed Individuals with Prior Convictions Who are Engaged or Participate in Business of Insurance (1) When the Director considers an application of an individual who applies to the Director under ORS 731.428 for written consent to engage or participate in the business of insurance, other than a licensee to whom OAR 836-071-0323 applies, the Director shall determine whether the crime or any of the crimes is an offense under 18 U.S.C. sec. 1033 or a felony offense involving dishonesty or breach of trust that is subject to 18 U.S.C. sec. 1033. Individuals to whom this section applies includes any applicant for employment in the business of insurance in Oregon and any current unlicensed individual engaged or participating in the insurance business in Oregon who has ever been convicted of an offense described in this section. (2) An applicant for written consent under this section who has been convicted by final judgment of an offense under 18 U.S.C. sec. 1033 or of any felony offense involving dishonesty or breach of trust does not qualify for the written consent unless: (a) The Director has reviewed the entire application of the applicant and has determined that the applicant qualifies for the written consent; and (b) The Director issues a written consent as provided in this rule. (3) An applicant to whom this rule applies must submit a consent application on a form provided by the Director. (4) An individual currently engaged or participating in the insurance business in Oregon and is not required to be licensed to do so may not continue to engage or participate in the business of insurance in Oregon unless the Director issues a written consent as provided in this rule. (5) An unlicensed individual who, while engaged or participating in the insurance business in Oregon and is not required to be licensed to do so, is convicted of an offense described in section (1) of this rule must submit a consent application under this rule not later than the 30th day after the date of the final judgment. The individual may not engage or participate in the insurance business in Oregon unless the Director issues a written consent as provided in this rule. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 731.428 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05
836-071-0331 Director's Procedures, Application for Consent When the Director has received a complete license application and the consent application required in OAR 836-071-0326, or has received the consent application required in 836-071-0326, in the case of a current licensee or an applicant for a license, or required in 836-071-0328, in the case of an unlicensed person engaged or participating in the business of insurance, and the person has otherwise complied with all applicable requirements: (1) The Director shall determine whether the crime or any crimes committed by the person and described in the application are subject to ORS 670.280, if a license or license application is involved. (2) The Director shall notify all state members of the National Association of Insurance Commissioners that an application for written consent has been filed, and shall include with the notice a statement including the name, address, Social Security number (if submitted with the application) and types of insurance actions to be conducted by the applicant, and a request that any insurance commissioner with relevant knowledge regarding the fitness of the applicant respond immediately. The Director shall allow at least 30 days from the date on which the notice was sent, for comment. (3) The Director may conduct an investigation of the person. The Director may use data bases of the National Association of Insurance Commissioners, including but not necessarily limited to the Regulatory Information Retrieval system, the Producer Database, the Complaint Database and the Special Activities Database. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 731.428 & 744.013 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 9-2000, f. & cert. ef. 10-24-00