justicedao/ipfs_state_laws huggingface dataset:
836-071-0336 Factors to be Considered by the Director The Director shall consider at least the following factors when deliberating upon a consent application : (1) The legitimate interest of the Director or the insurer for whom the activities would be performed in protecting property and the safety and welfare of specific individuals, businesses or the general public. (2) Whether the applicant or someone on the applicant's behalf has made a materially false or misleading statement or omission in the application process. (3) The nature of the circumstances surrounding, and the seriousness of, the offense or offenses. (4) Whether the applicant has been charged with, indicted or convicted of multiple criminal offenses. (5) What evidence exists of the applicant's rehabilitation, including good conduct in prison, on probation or on parole; good conduct in the community; counseling or psychiatric treatment received; acquisition of additional academic or vocational schooling; successful participation in correctional work-release programs; and the recommendation of persons who have or have had the applicant under their supervision (for example, letters of recommendation from prosecutors, law enforcement or correctional officers who have prosecuted, arrested or had custodial responsibility for the applicant, and letters of recommendation from the sheriff or chief of police in the community in which the applicant resides or has resided). (6) Whether all members of the National Association of Insurance Commissioners were notified in a timely manner of the applicant's request and any relevant information regarding the fitness of the applicant received from members of the National Association of Insurance Commissioners. (7) Whether licensing the applicant or issuing the person a written consent to engage in the business of insurance would be consistent with the public interest, with federal and state law, with applicable court orders and with the determination that the applicant is trustworthy to conduct the business of insurance. 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
836-071-0341 Issuance of Written Consent A written consent to engage in the business of insurance issued by the Director must include the following: (1) A reference to 18 U.S.C. Section 1033(e)(2). (2) A statement that the written consent is conditioned on the truth and veracity of the facts disclosed by the applicant in the application for the consent. (3) A statement that the written consent is conditioned on the applicant remaining in the approved position with its associated insurance activities in which the applicant is not considered to be a risk or threat to insurance consumers or insurers. (4) Any specific restrictions imposed by the Director as conditions of the written consent. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.013 History: ID 9-2000, f. & cert. ef. 10-24-00
836-071-0346 Denial of Consent (1) If the Director determines that a written consent to engage in the business of insurance should be denied to an applicant, the Director shall issue the denial in writing and shall notify the applicant of rights of review of the Director's determination. (2) If the Director determines that the crime committed by the applicant is not one to which 18 U.S.C. Section 1033 applies, the Director shall so inform the applicant at the time of granting or denying the license application or, in response to a consent application. 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
836-071-0351 Subsequent Conviction of Person Previously Granted Written Consent A person to whom the Director has given a written consent to engage in the business of insurance shall notify the Director immediately if subsequently convicted of a crime. If the Director determines that the person has been convicted of an offense under 18 U.S.C. Section 1033 or any felony involving dishonesty or breach of trust making the person subject once again to the prohibitions in 18 U.S.C. Section 1033, the Director shall notify the person in writing by certified mail, return receipt requested, that the written consent previously issued has been withdrawn and that engaging in the business of insurance again violates 18 U.S.C. Section 1033. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.013 History: ID 9-2000, f. & cert. ef. 10-24-00
836-071-0354 Designated Agent As used in OAR 836-071-0355 to OAR 836-071-0400, “designated agent” means any named individual who is under contract with a vehicle rental company and who is authorized by the vehicle rental company to sell insurance under the authority of the limited license of the vehicle rental company. Statutory/Other Authority: ORS 731.244, 744.852 & 744.858 Statutes/Other Implemented: ORS 744.852, 744.856 & 744.858 History: ID 1-2016, f. & cert. ef. 1-20-16 ID 19-2015, f. 12-30-15, cert. ef. 1-1-16
836-071-0360 License Renewal (1) A limited license expires on the last day of the month in which the second anniversary of the initial issuance date occurs. Thereafter, the limited license shall expire on the second anniversary following each renewal. (2) Not later than the license expiration date, a limited licensee applying for renewal must submit the following electronically as set forth on the Division of Financial Regulation website of the Department of Consumer and Business Services at dfr.oregon.gov as applicable: (a) A completed renewal application, on a form provided by the director; (b) A copy of the insurance sales material made available to renters of vehicles through the limited licensee. (c) A renewal fee of $200. (3) The director may allow a limited licensee not more than 30 days to submit missing information on the application form if the fees, course of study and certifications have been submitted on or before the expiration date. (4) The director may request on the renewal application any information requested on the original application for a limited license. (5) An expired license may be renewed according to the requirements and procedures in ORS 744.009, except that the person renewing an expired license must pay $50 instead of twice the amount of the renewal fee. Statutory/Other Authority: ORS 744.858 & ORS 731.804 Statutes/Other Implemented: ORS 731.804 & 744.856 History: ID 30-2023, minor correction filed 07/03/2023, effective 07/03/2023 ID 18-2012, f. & cert. ef. 11-7-12 ID 12-2012(Temp), f. 6-19-12, cert. ef. 8-1-12 thru 1-25-13 ID 8-2000, f. & cert. ef. 7-24-00
836-071-0370 List of Employees and Designated Agents Selling Coverage; Continuing Education (1) A limited licensee shall maintain at all times a current list of all employees and designated agents who are authorized by the limited licensee to offer and sell the insurance coverage for the limited licensee. The limited licensee must provide the list to the Director upon request and the list must otherwise be available and accessible to the Director at all reasonable hours at the principal place of business of the licensee in this state. (2) For the purpose of complying with the education filing and certification requirements of ORS 744.856, not later than March 1 of each year, a limited licensee shall: (a) File the syllabus for the training program with the Director; and (b) Certify to the Director that all employees and designated agents involved in the sale or offer of coverage to members of the public have completed or will complete the training program prior to conducting such sales or offers and will receive continuing education on a regular basis concerning the topics covered in the training program. (3) For the purpose of the requirement in ORS 744.856 that employees and designated agents of a limited licensee shall receive continuing education on a regular basis, a “regular basis” is at least once every 12 months. Statutory/Other Authority: ORS 744.852 & 744.858 Statutes/Other Implemented: ORS 744.856 History: ID 1-2016, f. & cert. ef. 1-20-16 ID 19-2015, f. 12-30-15, cert. ef. 1-1-16 ID 9-2015(Temp), f. & cert. ef. 9-15-15 thru 3-4-16 ID 8-2000, f. & cert. ef. 7-24-00
836-071-0380 Course of Training for Training Program and for Continuing Education A limited licensee must include at least the following information in the training program for new employees and designated agents who will be offering the insurance coverage and in the continuing education program for current employees and designated agents offering the insurance coverage, as required by ORS 744.856: (1) Materials for the purpose of facilitating employee and designated agents understanding of the insurance coverages offered by the licensee. (2) That renters of vehicles through the licensee are not required to purchase the coverage offered through the licensee as a condition of renting a vehicle. (3) That renters must be informed that coverage offered by the licensee may duplicate existing coverage of the renter and that the renter should consult with the renter’s insurance agent if the renter has any question about existing coverage. (4) Claims procedures. (5) The identity of the insurer of the coverage offered by the licensee. (6) That employees and designated agents of the licensee are not authorized to evaluate a renter’s existing coverages. Statutory/Other Authority: ORS 744.856 & 744.858 Statutes/Other Implemented: ORS 744.856 History: ID 1-2016, f. & cert. ef. 1-20-16 ID 19-2015, f. 12-30-15, cert. ef. 1-1-16 ID 9-2015(Temp), f. & cert. ef. 9-15-15 thru 3-4-16 ID 8-2000, f. & cert. ef. 7-24-00
836-071-0390 Statewide Filing Officer (1) Each limited licensee must appoint as the statewide filing officer of the licensee an executive or manager of the licensee who is located in this state. The statewide filing officer shall serve as the in-state representative and contact person for the limited licensee. (2) The limited licensee shall notify the Director in writing of any change in the appointment. Statutory/Other Authority: ORS 744.858 Statutes/Other Implemented: ORS 744.852 & 744.856 History: ID 8-2000, f. & cert. ef. 7-24-00
836-071-0400 Applicable Insurance Code Statutes (1) Provisions of the Insurance Code that apply to the limited licensing program established by ORS 744.850 to 744.858 include but are not limited to the following: 744.007(6), 744.013, 744.014, 744.016, 744.018, 744.024, 744.028, 744.033, and 744.037. (2) A limited licensee is not subject to ORS 744.225 and 744.227 and are not otherwise required to treat moneys paid by renters for insurance in a fiduciary capacity or to hold the moneys in a separate trust account. Statutory/Other Authority: ORS 744.858 Statutes/Other Implemented: ORS 744.856 & 744.858 History: ID 8-2000, f. & cert. ef. 7-24-00
836-071-0405 Statutory Purpose and Authority (1) OAR 836-071-0405 to 836-071-0425 apply to an owner who issues, sells or offers for sale insurance coverage to occupants at a self-service storage facility. (2) OAR 836-071-0405 to 836-071-0425 are adopted pursuant to the authority in section 8, chapter 280, Oregon Laws 2013 and ORS Chapter 744, for the purpose of implementing sections 2 to 8, Chapter 280, Oregon Laws 2013. Statutory/Other Authority: ORS 731.244; sect. 8, ch. 280 & OL 2013 Statutes/Other Implemented: Sects. 2 to 8, ch. 280 & OL 2013 History: ID 9-2013, f. 12-31-13, cert. ef. 1-1-14
836-071-0410 Limited License Application, Self-Service Storage Facility; Required Information (1) An applicant for a self-service storage facility limited license shall submit electronically to the director of the Department of Consumer and Business Services a self-service storage limited license application in accordance with instructions located on the Division of Financial Regulation website at dfr.oregon.gov. (2) The applicant shall include all of the following information in the limited license application: (a) The applicant's corporate, firm or other business entity name, the business address, electronic mail address and telephone number of the principal place of business and the business address and telephone number of each self-service storage facility at which the applicant will transact business under the limited license; (b) All assumed business names and other names under which the applicant will engage in business under the limited license; (c) Certification that the applicant is the owner of all locations included on the application; (d) Whether the applicant or any agent or authorized representative of the applicant has: (A) Been convicted of or indicted for a crime, including a felony involving dishonesty or a breach of trust to which 18 U.S.C. 1033 applies; (B) Had a judgment entered against the applicant or person designated by the applicant as being responsible for the applicant’s compliance, for fraud; (C) A claim of indebtedness by an insurer or agent, and the details of any such indebtedness; or (D) Had any license to act in any occupational or professional capacity in this or any other state refused, revoked or suspended; (E) Filed for bankruptcy or been adjudged bankrupt; (e) All states and provinces of Canada in which the applicant currently holds a license to engage in the transaction of insurance, or has held such a license within ten years prior to the date of the application (f) Any other information requested by the director. (3) Each application shall be accompanied by a $200 fee. Statutory/Other Authority: ORS 731.244 & 744.001; sect. 8, ch. 280 & OL 2013 Statutes/Other Implemented: Sects. 2 to 8, ch. 280 & OL 2013 History: ID 31-2023, minor correction filed 07/03/2023, effective 07/03/2023 ID 9-2013, f. 12-31-13, cert. ef. 1-1-14
836-071-0415 Materials and Requirements of Application (1) Prior to selling any insurance to an occupant of a self-service storage facility, an applicant shall provide written material to the Director of the Department of Consumer and Business Services for approval as required by section 4, chapter 280, Oregon Laws 2013. (2) In addition to providing written material at the time of initial licensing, the licensee must provide the director with any materials that change during the term of the license. (3) The written material provided must: (a) Comply with the requirements of section 4, chapter 280, Oregon Laws 2013; and (b) Provide an assurance that the enrolled customer may cancel the storage unit insurance coverage at any time and that the person paying the premium shall receive a refund of the unused portion of any amount that has been paid for coverage. A reasonable administrative fee may be charged in an amount not to exceed 10 percent of the refund due. Statutory/Other Authority: ORS 731.244; sect. 8, ch. 280 & OL 2013 Statutes/Other Implemented: Sects. 2 to 8, ch. 280 & OL 2013 History: ID 9-2013, f. 12-31-13, cert. ef. 1-1-14
836-071-0420 Requirements for Limited Licensee, List of Employees Selling Coverage; Training Program (1) A limited licensee shall maintain at all times standard operating procedures to assure that all employees, agents and authorized representatives are authorized to issue, sell or offer for self-service storage unit property insurance coverage to a customer. The training program must instruct the employees or agents about the coverage the insurance provides and about the provisions of sections 2 to 8, chapter 280, Oregon Laws 2013. The limited licensee must provide a description of these procedures to the director at anytime that a change is made, at the time that the limited license is renewed or at any time at the request of the director. (2) A limited licensee must ensure that the information required under section 280 chapter 280 Oregon Laws 2013, is included in any training program for the limited licensee’s employees, agents and authorized representatives who will be issuing, selling or offering for sale self-service storage insurance coverage. The licensee must maintain a list of all employees trained to sell coverage. The licensee must provide the list to the director upon request, within 21 calendar days. (3) A limited licensee must provide certification by the entity or the applicant that the written disclosure materials made available to prospective customers will be maintained by the entity or the applicant for a period of seven years and must be made available to the Department of Consumer and Business Services director upon request within 21 calendar days. Statutory/Other Authority: ORS 731.244; sect. 8, ch. 280 & OL 2013 Statutes/Other Implemented: Sects. 2 to 8, ch. 280 & OL 2013 History: ID 9-2013, f. 12-31-13, cert. ef. 1-1-14
836-071-0425 Limited License Renewal (1) A limited license expires on the last day of the month in which the second anniversary of the initial issuance date occurs. Thereafter, the limited license shall expire on the second anniversary following each renewal. (2) A limited licensee applying for renewal must submit the following to the director electronically as set forth on the website of the National Insurance Producer Registry in accordance with instructions located on the Division of Financial Regulation website at dfr.oregon.gov. The renewal application must include: (a) A completed renewal application on the form entitled “Renewal Notice for Self-Service Storage Insurance Vendors.” must be returned to the director electronically in accordance with instructions set forth on Division of Financial Regulation website not later than the limited license expiration date. (b) An updated certification by the supervising entity or the limited licensee that all employees, agents and authorized representatives involved in the issuance, sale or offering for sale of self-service storage coverage to customers have completed or will complete the training program outlined in section (2)(c) of this rule, prior to issuing, selling or offering for sale self-service storage insurance coverage. (c) An outline of and copies of materials the licensee uses in the training program. The director may request copies of materials annually or at renewal and at the time of any change in materials. The entity must present a complete copy of materials at renewal. In addition, materials the entity must present the materials at the time of any change and at any time upon the request of the director. (d) A renewal fee of $200. (3) The director may allow a limited licensee not more than 30 days after the limited license expiration date to submit missing information on the renewal application form if the renewal application, fees, certification and disclosure materials have been submitted on or before the expiration date. (4) The director may request on the renewal application any information requested on the original application for a limited license. (5) An expired limited license may be renewed up to one year after the limited license expiration date. The fee to renew an expired limited license is $250. Statutory/Other Authority: ORS 731.244 & 744.001; Sect. 8, ch. 280 & OL 2013 Statutes/Other Implemented: Sects. 2 to 8, ch. 280 & OL 2013 History: ID 32-2023, minor correction filed 07/03/2023, effective 07/03/2023 ID 9-2013, f. 12-31-13, cert. ef. 1-1-14
836-071-0430 Remission to Insurer; Funds Held in Trust; Compensation (1) If authorized by an insurer the limited licensee that bills and collects the cost of self-service storage insurance coverage from an enrolled customer is not required to deposit the amount paid in a segregated account but shall remit the amount collected to the insurer or the supervising entity within 60 days of receipt from the enrolled customer. (2) Moneys collected by a limited licensee from the enrolled customer for the cost of the self-service storage insurance are considered funds held by the licensee in trust for the benefit of the insurer. (3) A limited licensee may receive compensation from an insurer for billing and collecting the cost of self-service storage insurance coverage purchased by enrolled customers. (4) Limited licensees and insurers operating under a self-service storage limited license are not subject to ORS 744.083 and 744.084 for purposes of premium collected for self-service storage insurance. Statutory/Other Authority: ORS 731.244, 744.001 & 744.083; Sec. 8, ch. 280 & OL 2013 Statutes/Other Implemented: Sec. 2 to 8, ch. 280 & OL 2013 History: ID 9-2013, f. 12-31-13, cert. ef. 1-1-14
836-071-0450 Requirements for Limited Travel Insurance Producer and Travel Retailer (1) In order to comply with ORS 744.104(2)(b), a limited travel insurance producer shall: (a) Establish and maintain a register containing all of the information required under ORS 744.104(2)(a); (b) Include on the register: (A) The license number of any person described in ORS 744.104(d) and ORS 744.104(e) who is a licensed insurance producer; or (B) The fingerprints and background check results of any person described in ORS 744.104(d) and ORS 744.104(e) who is not a licensed insurance producer; and (c) Use the model form provided by the director of the Department of Consumer and Business Services at dfr.oregon.gov or a substantially similar form filed with and approved by the director; (d) Update retained information recorded on the register at least annually (e) Maintain the register in such a manner that the document and all necessary required attachments are available to be submitted in electronic form to the director within 30 days of a request as under ORS 744.104(2)(c); (f) Maintain records of the register after the expiration of a policy as required under ORS 744.068; and (g) Notify the director in writing of any material changes in the affidavit described in ORS (2) All persons specified in ORS 744.104(2)(d) must: (a) Hold a license as an insurance producer under ORS 744.052 to 744.089; (3) All persons specified in ORS 744.104(2)(e) must: (a) Furnish fingerprints and results from criminal history check as defined under OAR 836-072-0010 to the limited travel insurance producer keeping the register required under ORS 744.104(2) (4) A program of instruction or training described under ORS 744.104(2)(g) shall: (a) Include compliance with requirements under ORS 744.104(3) and (4); (b) Address the types of insurance offered by the limited travel insurance producer and ethical sales practices; and (c) Be provided at least annually for all active travel retail employees. Statutory/Other Authority: ORS 731.244, ORS 744.111, ORS 744.062 & ORS 744.104 Statutes/Other Implemented: ORS 744.062, ORS 744.101, ORS 744.104 & ORS 744.107 History: ID 37-2023, minor correction filed 07/20/2023, effective 07/20/2023 ID 7-2016, f. 6-30-16, cert. ef. 7-1-16
836-071-0500 Nonresident Licensing and Placement Requirements (1) This rule establishes requirements that a nonresident surplus lines licensee or a nonresident insurance producer not licensed in this state must satisfy in connection with placement of a surplus lines insurance policy where Oregon is determined to be the home state as defined in ORS 735.405(8). (2) A person who is licensed as a resident agent or producer in another state must be licensed in this state as a nonresident surplus lines insurance licensee in order to place a surplus lines insurance policy on a risk where Oregon is determined to be the home state. (3) When a nonresident surplus lines licensee transacts surplus lines insurance on a risk where Oregon is determined to be the home state, the nonresident surplus lines licensee shall comply with the placement requirements in ORS 735.410(1) and (2) related to an exempt commercial purchaser Statutory/Other Authority: ORS 731.244 & 735.410 Statutes/Other Implemented: ORS 735.410 History: ID 21-2011, f. 12-16-11, cert. ef. 1-1-12 ID 6-2002, f. & cert. ef. 2-6-02