justicedao/ipfs_state_laws huggingface dataset:
836-080-0546 Limits on Sharing Account Number Information for Marketing Purposes (1) General prohibition on disclosure of account numbers. A licensee shall not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer’s policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing or other marketing through electronic mail to the consumer. (2) Exceptions. Section (1) of this rule does not apply if a licensee discloses a policy number or similar form of access number or access code: (a) To the licensee’s service provider solely in order to perform marketing for the licensee’s own products or services, as long as the service provider is not authorized to dir3eectly initiate charges to the account; (b) To a licensee who is a producer solely in order to perform marketing for the licensee’s own products or services; or (c) To a participant in an affinity or similar program when the participants in the program are identified to the customer when the customer enters into the program. (3) The following are examples for purposes of this rule:(a) Policy number. A policy number, or similar form of access number or access code, does not include a number or code in an encrypted form, as long as the licensee does not provide the recipient with a means to decode the number or code. (b) Policy or transaction account. For the purpose of this rule, a policy or transaction account is an account other than a deposit account or a credit card account. A policy or transaction account does not include an account to which third parties cannot initiate charges. (4) Violation of this section is an unfair trade practice for purposes of ORS 746.240. Statutory/Other Authority: ORS 731.244, 746.600 & 746.620 Statutes/Other Implemented: ORS 746.600, 746.620, 746.630 & 746.665 History: ID 8-2002, f. & cert. ef. 2-15-02
836-080-0551 Authorization Request Delivery A request for authorization and an authorization form may be delivered to a consumer or a customer as part of a notice under ORS 746.620 if the request and the authorization form are clear and conspicuous. Statutory/Other Authority: ORS 731.244, 746.600 & 746.620 Statutes/Other Implemented: ORS 746.600, 746.620, 746.630 & 746.665 History: ID 8-2002, f. & cert. ef. 2-15-02
836-080-0600 Authority; Rule of Construction; Applicability (1) OAR 836-080-0600 to 836-080-0700 are adopted under the authority of ORS 731.244 and 746.608, for the purpose of implementing 746.600 and 746.607 with respect to licensees transacting health insurance. (2) The examples in OAR 836-080-0600 to 836-080-0700 are not exclusive. Compliance with an example in 836-080-0600 to 836-080-0700 constitutes compliance with the rule to which the example applies. (3) OAR 836-080-0600 to 836-080-0700 apply to health insurance activities of a licensee and not to noninsurance activities. (4) The applicability of the exemptions in OAR 836-080-0670(1)(a) and (b) includes but is not limited to a licensee's transactions described in 836-080-0670(1)(a) and (b) with a reinsurer or with an insurer with respect to stop loss or excess loss insurance. Statutory/Other Authority: ORS 731.244 & 746.608 Statutes/Other Implemented: ORS 746.600 & 746.607 History: ID 4-2005, f. & cert. ef. 4-1-05
836-080-0625 Alternative Procedures A licensee may satisfy the notice requirements of OAR 836-080-0615 and 836-080-0620 by either of the following alternative means: (1) By providing separate notices or a single notice combining the requirements of both rules. (2) By providing a single notice if two or more individuals jointly obtain or apply for an insurance product. (3) The obligations imposed by OAR 836-080-0615 and by 836-080-0620 upon a licensee may be satisfied, either together or separately, by another licensee or another financial institution or agent authorized to act on its behalf. A licensee may provide a joint notice from the licensee and one or more of its affiliates or other financial institutions, as identified in the notice, as long as the notice is accurate with respect to the licensee and the other institutions. (4) Except as otherwise prohibited or limited by the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191): (a) A licensee may include any notice required pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) with a notice provided under OAR 836-080-0615 or 836-080-0620 or under an alternative means allowed in section (1) of this rule. (b) Notice obligations imposed by the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) upon a licensee may be satisfied together with the obligations imposed by OAR 836-080-0615 and by 836-080-0620 upon the licensee as provided in section (2) of this rule. (5) An insurance producer is not subject to the requirements of OAR 836-080-0615 or 836-080-0620 when the insurer on whose behalf the insurance producer acts otherwise complies with the same requirements and the insurance producer does not disclose any personal information to any person other than the insurer or its affiliate, or as otherwise authorized by law. Statutory/Other Authority: ORS 731.244 & 746.608 Statutes/Other Implemented: ORS 746.600 & 746.607 History: ID 4-2005, f. & cert. ef. 4-1-05
836-080-0630 Application of Notice Requirements A licensee is not subject to the requirements stated in OAR 836-080-0615 or 836-080-0620 if the licensee is an employee or other representative of another licensee who is the principal in the relationship and the principal otherwise complies with the requirements of OAR 836-080-0615, 836-080-0620, 836-080-0625, 836-080-0665, 836-080-0670 and 836-080-0675 and: (1) If the licensee is an insurance producer, the licensee acts in accordance with the requirements of OAR 836-080-0625(4); and (2) If the licensee is other than an insurance producer, the licensee does not disclose any personal information to any person other than to the principal or its affiliate as provided in 836-080-0670 or 836-080-0675. Statutory/Other Authority: ORS 731.244 & 746.608 Statutes/Other Implemented: ORS 746.600 & 746.607 History: ID 4-2005, f. & cert. ef. 4-1-05
836-080-0645 Annual Notice (1) The personal information to which a licensee must refer in the annual notice need include only personal financial information. A licensee provides the notice annually if it defines the 12-consecutive-month period as a calendar year and provides the annual notice to the customer once in each calendar year following the calendar year in which the licensee provided the initial notice. For example, if a customer opens an account on any day of year 1, the licensee shall provide an annual notice to that customer by December 31 of year 2. (2) Termination of customer relationship: A licensee is not required to provide an annual notice to a former customer. A former customer is an individual with whom a licensee no longer has a continuing relationship. The following are examples in which a continuing relationship no longer exists: (a) A licensee no longer has a continuing relationship with an individual if the individual no longer is a current policyholder of an insurance product or no longer obtains services with or through the licensee. (b) A licensee no longer has a continuing relationship with an individual if the individual's policy is lapsed, expired or otherwise inactive or dormant under the licensee's business practices, and the licensee has not communicated with the customer about the relationship for a period of 12 consecutive months, other than to provide annual privacy notices, material required by law or regulation or promotional materials. (c) A licensee no longer has a continuing relationship with an individual if the individual's last known address according to the licensee's records is deemed invalid. An address of record is deemed invalid if mail sent to that address by the licensee has been returned by the postal authorities as undeliverable and if subsequent attempts by the licensee to obtain a current valid address for the individual have been unsuccessful. (3) When a licensee is required by this rule to deliver an annual privacy notice, the licensee shall deliver it according to OAR 836-080-0660. Statutory/Other Authority: ORS 731.244 & 746.608 Statutes/Other Implemented: ORS 746.600 & 746.607 History: ID 4-2005, f. & cert. ef. 4-1-05
836-080-0655 Revised Privacy Notices (1) Except as otherwise authorized in OAR 836-080-0600 to 836-080-0700, a licensee shall not, directly or through an affiliate, disclose any personal financial information about a consumer to a nonaffiliated third party under AR 836-080-0675 other than as described in the initial notice that the licensee provided to the consumer under 836-080-0620, unless: (a) The licensee has provided to the consumer a clear and conspicuous revised notice that accurately describes its policies and practices; (b) The licensee has given the consumer a reasonable opportunity, before the licensee discloses personal financial information to the nonaffiliated third party, to opt out of the disclosure; and (c) The consumer does not opt out. (2) Except as otherwise allowed by OAR 836-080-0670, a licensee shall provide a revised notice to the consumer under section (1) of this rule before the licensee, for example: (a) Discloses a new category of personal financial information to a nonaffiliated third party; (b) Discloses personal financial information to a new category of nonaffiliated third party; or (c) Discloses personal financial information about a former customer to a nonaffiliated third party, if that former customer has not had the opportunity to indicate that the former customer does not want disclosure. (3) A revised privacy notice under this rule shall be delivered according to OAR 836-080-0660. (4) The prohibition in section (1) of this rule and the requirements of section (2) of this rule do not apply with respect to a revision of an initial notice, the sole purpose of which is to incorporate a notice of a disclosure of personal information for which authorization is not required by OAR 836-080-0670 or 836-080-0675. Statutory/Other Authority: ORS 731.244 & 746.608 Statutes/Other Implemented: ORS 746.600 & 746.607 History: ID 4-2005, f. & cert. ef. 4-1-05
836-080-0665 Authorization (1) Except as provided in OAR 836-080-0670 and 836-080-0675, a licensee or insurance-support organization may not disclose any personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure is with the written authorization of the individual, and: (a) If the authorization is submitted by another licensee or insurance-support organization, the authorization meets the requirements of this rule; or (b) If the authorization is submitted by a person other than a licensee or insurance-support organization, the authorization is: (A) Dated; (B) Signed by the individual; and (C) Obtained one year or less prior to the date a disclosure is sought pursuant to this subsection. (2) A licensee or insurance-support organization may not use as its disclosure authorization form in connection with health insurance transactions a form or statement that authorizes the disclosure of personal or privileged information about an individual to the licensee or insurance-support organization unless the form or statement is clear and conspicuous, and contains all of the following: (a) The identity of the individual who is the subject of the personal information. (b) A general description of the categories of personal information to be disclosed. (c) The signature of the individual who is the subject of the personal information or the individual who is legally empowered to grant authority and the date signed. (3) An authorization may not remain valid for more than 24 months. (4) An individual who is the subject of personal information may revoke an authorization provided pursuant to this rule at any time, subject to the rights of any individual who acted in reliance on the authorization prior to notice of the revocation. (5) A licensee shall retain the authorization of an individual or a copy thereof in the record of the individual who is the subject of the personal information. (6) This rule does not authorize the disclosure of personal or privileged information that is also individually identifiable health information when disclosure of the individually identifiable health information is prohibited or is otherwise regulated under the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191). (7) A licensee is not required to comply with this rule with respect to a disclosure of personal information for which the licensee has obtained an authorization under the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191). Statutory/Other Authority: ORS 731.244 & 746.608 Statutes/Other Implemented: ORS 746.600 & 746.607 History: ID 4-2005, f. & cert. ef. 4-1-05
836-080-0675 Disclosure Without Authorization Unless disclosure is otherwise permitted pursuant to OAR 836-080-0665 or 836-080-0670, a licensee may disclose personal financial information about an individual to a nonaffiliated third party without obtaining the written authorization required by 836-080-0665 only if all of the following conditions are met: (1) The nonaffiliated third party’s only use of the information will be in connection with the marketing of a product or service. (2) No information relating to an individual’s character, personal habits, mode of living or general reputation may be disclosed, and no classification derived from such information may be disclosed. (3) Prior to disclosure, the individual must have been given the notice described in OAR 836-080-0620 and, at the same time, an opportunity to decide whether to allow disclosure of the information by means of a clear and conspicuous notice that provides the following: (a) That the licensee discloses or reserves the right to disclose personal financial information about the individual to a nonaffiliated third party; (b) That the individual has the right to opt out of that disclosure; and (c) A reasonable means by which the individual may exercise the opt out right. (4) Disclosure of personal financial information that is also individually identifiable health information is not prohibited or otherwise regulated under the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191). Statutory/Other Authority: ORS 731.244 & 746.608 Statutes/Other Implemented: ORS 746.600 & 746.607 History: ID 4-2005, f. & cert. ef. 4-1-05
836-080-0685 Limits on Sharing Account Number Information for Marketing Purposes (1) General prohibition on disclosure of account numbers. A licensee shall not, directly or through an affiliate, other than to a consumer reporting agency, disclose a policy number or similar form of access number or access code for a consumer's policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing or other marketing through electronic mail to the consumer. (2) Exceptions. Section (1) of this rule does not apply if a licensee discloses a policy number or similar form of access number or access code: (a) To the licensee's service provider solely in order to perform marketing for the licensee's own products or services, as long as the service provider is not authorized to directly initiate charges to the account; (b) To a licensee who is an insurance producer solely in order to perform marketing for the licensee's own products or services; or (c) To a participant in an affinity or similar program when the participants in the program are identified to the customer when the customer enters into the program. (3) The following are examples for purposes of this rule: (a) Policy number. A policy number, or similar form of access number or access code, does not include a number or code in an encrypted form, as long as the licensee does not provide the recipient with a means to decode the number or code. (b) Policy or transaction account. For the purpose of this rule, a policy or transaction account is an account other than a deposit account or a credit card account. A policy or transaction account does not include an account to which third parties cannot initiate charges. (4) Violation of this section is an unfair trade practice for purposes of ORS 746.240. Statutory/Other Authority: ORS 731.244 & 746.608 Statutes/Other Implemented: ORS 746.600, 746.240 & 746.607 History: ID 4-2005, f. & cert. ef. 4-1-05
836-080-0690 Authorization Request Delivery A request for authorization and an authorization form may be delivered to a consumer or a customer as part of a notice under OAR 836-080-0615, 836-080-0620 or 836-080-0625 if the request and the authorization form are clear and conspicuous. Statutory/Other Authority: ORS 731.244 & 746.608 Statutes/Other Implemented: ORS 746.600 & 746.607 History: ID 4-2005, f. & cert. ef. 4-1-05
836-080-0750 Purpose; Statutory Authority (1) OAR 836-080-0750 to 836-080-0775 establish standards for protecting active duty service members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain identified practices to be false, misleading, deceptive or unfair. (2) OAR 836-080-0750 to 836-080-0775 are adopted pursuant to the authority of ORS 731.244 for the purpose of implementing 746.075, 746.110 and 746.240. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.075, 746.110 & 746.240 History: ID 7-2007, f. 9-14-07, cert. ef. 1-1-08
836-080-0765 Practices Declared False, Misleading, Deceptive or Unfair on a Military Installation (1) The following acts or practices when committed on a military installation by an insurer or insurance producer with respect to the in-person, face-to-face solicitation of life insurance are declared to be false, misleading, deceptive or unfair: (a) Knowingly soliciting the purchase of any life insurance product “door to door” or without first establishing a specific appointment for each meeting with the prospective purchaser. (b) Soliciting service members in a group or “mass” audience or in a “captive” audience when attendance is not voluntary. (c) Knowingly making appointments with or soliciting service members during their normally scheduled duty hours. (d) Making appointments with or soliciting service members in barracks, day rooms, unit areas, or transient personnel housing or other areas in which the installation commander has prohibited solicitation. (e) Soliciting the sale of life insurance without first obtaining permission from the installation commander or the commander’s designee. (f) Posting unauthorized bulletins notices or advertisements. (g) Failing to present DD Form 2885, “Personal Commercial Solicitation Evaluation, to service members solicited or encouraging service members solicited not to complete or submit a DD Form 2885. (h) Knowingly accepting an application for life insurance or issuing a policy of life insurance on the life of an enlisted member of the United States Armed Forces without first obtaining for the insurer’s files a completed copy of any required form that confirms that the applicant has received counseling or fulfilled any other similar requirement for the sale of life insurance established by regulations, directives or rules of the DoD or any branch of the Armed Forces. (2) The following acts or practices when committed on a military installation by an insurer or insurance producer constitute corrupt practices, improper influences or inducements and are declared to be false, misleading, deceptive or unfair: (a) Using DoD personnel, directly or indirectly, as a representative or agent in any official or business capacity with or without compensation with respect to the solicitation or sale of life insurance to service members. (b) Using an insurance producer to participate in any United States Armed Forces sponsored education or orientation program. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.075, 746.110 & 746.240 History: ID 7-2007, f. 9-14-07, cert. ef. 1-1-08
836-080-0775 Severability If any provisions of OAR 836-080-0750 to 836-080-0775 or their application to any person or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of 836-080-0750 to 836-080-0775 that can be given effect without the invalid provisions or applicant. To this end all provisions of 836-080-0750 to 836-080-0775 are declared to be severable. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.075, 746.110 & 746.240 History: ID 7-2007, f. 9-14-07, cert. ef. 1-1-08
836-080-0800 Definitions As used in OAR 836-080-0800 to 836-080-0810, “loss runs” means information about a current or prior commercial policyholder’s reported losses, including paid amounts on all reported claims. Such losses shall be valued as of the insurer’s most current valuation date, but not more than 90 days prior to the date of the request for loss runs. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.160 & 746.240 History: ID 24-2010, f. 12-30-10, cert. ef. 3-1-11
836-080-0805 Statutory Authority, Purpose, and Applicability (1) OAR 836-080-0800 to 836-080-0810 are adopted by the Director of the Department of Consumer and Business Services pursuant to the Director’s general rulemaking authority in ORS 731.244. (2) The purpose of OAR 836-080-0800 to 836-080-0810 is to require certain property and casualty insurers or their appointed producers of record to provide loss runs on a timely basis to current and prior commercial policyholders, upon request by the policyholder to the insurer or its appointed producer of record. (3)(a) Except as provided in subsection (b) of this section, OAR 836-080-0800 to 836-080-0810 apply with respect to all commercial property, commercial liability including umbrella or excess policies, and commercial automobile insurance except title and surety insurance. (b) OAR 836-080-0810(2) applies only to workers’ compensation insurance. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.160 & 746.240 History: ID 24-2010, f. 12-30-10, cert. ef. 3-1-11
836-080-0810 Provision of Commercial Loss Runs (1) Property and casualty insurers or their appointed producers of record shall make loss runs available to current and prior commercial policyholders within 15 calendar days upon request by the policyholder to the insurer or its appointed producer of record. The insurer shall provide five years of loss runs, or, if the commercial policyholder has been insured with that insurer for less than five years, for the entire period the policyholder has been insured with that insurer. (2) Loss runs related to workers’ compensation insurance shall not include confidential worker medical and vocational claim records pursuant to ORS 656.360 and 656.362. (3) Violation of this rule is an unfair trade practice for the purpose of ORS 746.240. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.160 & 746.240 History: ID 24-2010, f. 12-30-10, cert. ef. 3-1-11
836-080-0900 Definitions As used in OAR 836-080-0900 to 836-080-0905: (1) “Covered loss” means any loss, damage, or injury that would be covered by a property and casualty personal lines policy unless arising out of an act or omission of a person insured under such policy. (2) “Innocent person” means, with respect to any covered loss, a person: (a) Who did not cause such covered loss; (b) Who did not materially contribute to such covered loss; and (c) Who did not know that such covered loss was reasonably likely to occur or undertook reasonable efforts to prevent or limit such covered loss. Statutory/Other Authority: ORS 742.005 Statutes/Other Implemented: ORS 731.244 History: ID 3-2023, adopt filed 02/09/2023, effective 03/01/2023