justicedao/ipfs_state_laws huggingface dataset:
836-071-0501 Allocation of Coverage Totals on Multi-state Policies (1) This rule establishes requirements that a surplus lines licensee must satisfy in connection with the reporting of a surplus lines insurance policy where Oregon is determined to be the home state as defined in ORS 735.405(8), and the requirements that an insured who obtains independently procured insurance must satisfy in connection with the reporting of a surplus lines insurance policy in section 5, chapter 660, Oregon Laws 2011 where Oregon is determined to be the home state. (2) For each surplus lines insurance policy with coverage starting at any time beginning January 1, 2012 through December 31, 2016 where Oregon is determined to be the home state, each insured who obtains independently procured insurance must include in their written report filed with the Director of the Department of Consumer and Business Services the allocated premium, by coverage for Oregon and other applicable states in accordance with the filing instructions on the Surplus Line Association of Oregon Web site in addition to the filing requirements in section 5, chapter 660, Oregon Laws 2011. Notwithstanding the January 1, 2012 through December 31, 2016 time period referenced above, on or after January 1, 2015 the Director may determine that insureds no longer need to include this allocated premium information in their filed written report. (3) For each surplus lines insurance policy with coverage starting at any time beginning January 1, 2012 through December 31, 2016 where Oregon is determined to be the home state, a surplus lines licensee must include in their statement filed with the Director the allocated premium, by coverage for Oregon and other applicable states in accordance with the filing instructions on the Surplus Line Association of Oregon Web site in addition to the filing requirements in ORS 735.425(1) and (2). Notwithstanding the January 1, 2012 through December 31, 2016 time period referenced above, on or after January 1, 2015 the Director may determine that surplus lines licensees no longer need to include this allocated premium information in their filed statement. (4) The written report required in section 5, chapter 660, Oregon Laws 2011 and the statements required in ORS 735.425(1) must be filed with the Surplus Line Association of Oregon. Statutory/Other Authority: ORS 731.244 & 735.425 Statutes/Other Implemented: ORS 735.425 & OL 2011 & Ch. 660 § 5 History: ID 21-2011, f. 12-16-11, cert. ef. 1-1-12
836-071-0550 Statutory Purpose and Authority (1) OAR 836-071-0550 to 836-071-0570 apply to vendors who sell or lease portable electronics devices, including but not limited to cell phones or electronic tablets, and wish to issue, sell or offer for sale portable electronics insurance coverage. (2) OAR 836-071-0550 to 836-071-0570 are adopted pursuant to the authority in section 7, chapter 393, Oregon Laws 2011 and ORS 705.135, for the purpose of implementing sections 1 to 7, chapter 393, Oregon Laws 2011. Statutory/Other Authority: : Ch. 393 § 7, OL 2011 & ORS 705.135 Statutes/Other Implemented: Ch. 393 §§ 1 to 7 & OL 2011 History: ID 22-2011, f. 12-16-11, cert. ef. 1-1-12
836-071-0565 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 Division of Financial Regulation website of the Department of Consumer and Business Services at dfr.oregon.gov: (a) A completed renewal application on the form entitled “Renewal Notice for Portable Electronics Insurance Vendors.” The renewal application must be returned to the director electronically in accordance with instructions set forth on the Division of Financial Regulation website of the Department of Consumer and Business Services at dfr.oregon.gov 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 to be involved in the issuance, sale or offering for sale of portable electronics insurance coverage to customers have completed or will complete the training program under ORS 646A.585(1)(b), prior to issuing, selling or offering for sale portable electronics insurance coverage. (c) An updated certification by the supervising entity or the limited licensee that a copy of all written disclosure materials, as required under ORS 646A.582, that are currently being made available to prospective customers of portable electronics or have been made available to prospective customers in the past, shall be maintained by the supervising entity or the applicant. This information shall be maintained by the supervising entity or the applicant for a period of seven years and must be provided to the director, upon request, within 21 calendar days. (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 646A.575 - 646A.590 & ORS 705.135 Statutes/Other Implemented: ORS 646A.575 - 646A.590 History: ID 39-2023, minor correction filed 07/20/2023, effective 07/20/2023 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 22-2011, f. 12-16-11, cert. ef. 1-1-12
836-071-0570 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 sale portable electronics insurance coverage to a customer. The limited licensee must provide a description of these procedures, upon request, to the Director within 21 calendar days. (2) A limited licensee must ensure that the information required under section 5(1)(b), chapter 393, Oregon Laws 2011, 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 portable electronics insurance coverage. Statutory/Other Authority: : Ch. 393 § 7, OL 2011 & ORS 705.135 Statutes/Other Implemented: Ch. 393 §§ 1 to 7 & OL 2011 History: ID 22-2011, f. 12-16-11, cert. ef. 1-1-12
836-071-1100 Purpose and Scope This rule governs the qualifications and procedures for the licensing of public adjusters. It specifies the duties of and restrictions on public adjusters, which include limiting their licensure to assisting insureds in first party claims, excluding claims for personal or commercial auto lines of insurance. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1105 Definitions “Public adjuster” means any person who, for compensation or any other thing of value on behalf of the insured: (1) Acts or aids, solely in relation to first party claims arising under insurance contracts that insure the real or personal property of the insured, on behalf of an insured in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance contract; (2) Advertises for employment as a public adjuster of insurance claims or solicits business or represents themselves to the public as a public adjuster of first party insurance claims for losses or damages arising out of policies of insurance that insure real or personal property; or (3) Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy, for the insured . Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1110 License Required (1) A person shall not act, hold themselves out as a public adjuster, solicit, or negotiate a contract for public adjusting services in this state unless the person is licensed as a public adjuster in this state. (2) A person licensed as a public adjuster shall not misrepresent to a claimant that they are an adjuster representing an insurer in any capacity, including acting as an employee of the insurer or acting as an independent adjuster unless so appointed by an insurer in writing to act on the insurer’s behalf for that specific claim or purpose. A licensed public adjuster is prohibited from charging that specific claimant a fee when appointed by the insurer and the appointment is accepted by the public adjuster. (3) A business entity acting as a public adjuster is required to obtain a public adjuster license. Application shall be made using the Uniform Business Entity Application. Before approving the application, the director shall find that: (a) The business entity has paid the fees set forth in OAR 836-009-0007; and (b) The business entity has designated a natural person who is a licensed public adjuster responsible for the business entity’s compliance with the insurance laws, rules and regulations of this state. (4) Notwithstanding subsections 1 to 3, a license as a public adjuster shall not be required of the following: (a) An attorney-at-law, that renders services while performing duties as an attorney-at-law; (b) A person who negotiates or settles claims arising under a life or health insurance policy or an annuity contract; (c) A person employed only for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a licensed public adjuster, including photographers, estimators, private investigators, engineers and handwriting experts; (d) A licensed health care provider, or employee of a licensed health care provider, who prepares or files a health claim form on behalf of a patient; (e) A person who settles subrogation claims between insurers; or (f) Any person to whom the requirement under ORS 744.505 to obtain a license to engage in business as an adjuster does not apply pursuant to ORS 744.515(2)(a) to (k). Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1115 Application for License A person applying for a public adjuster license shall make application to the director as outlined in ORS 744.518, OAR 836-071-0101, OAR 836-071-0105, OAR 836-071-0110, and OAR 836-071-0118. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1120 Resident Adjuster Qualification The director may issue a public adjuster license to a resident applicant under this section if the director finds that the applicant: (1) Submitted a complete and accurate application in accordance with OAR 836-071-1115; and (2) Satisfies the requirements set forth under ORS 744.521 and ORS 744.525. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1125 Nonresident Adjuster Qualification The director may issue a public adjuster license to a nonresident applicant under this section if the director finds that the applicant: (1) Submitted a complete and accurate application in accordance with OAR 836-071-1115; and (2) Satisfies the requirements set forth under ORS 744.521 and ORS 744.528. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1130 Examination An individual applying for a public adjuster license under this rule shall pass a written examination in accordance with OAR 836-071-0120 and OAR 836-071-0127. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1135 Exemptions from Examination (1) An individual who applies for a public adjuster license in this state who was previously licensed as a public adjuster in another state based on an public adjuster examination shall not be required to complete any prelicensing examination. This exemption is only available if the person is currently licensed in that state or if the application is received within 12 months of the termination of the applicant’s previous license and if the prior state issues a certification that, at the time of termination, the applicant was in good standing in that state or the state’s producer database records or records maintained by the NAIC, its affiliates, or subsidiaries, indicate that the public adjuster is or was licensed in good standing. (2) A person licensed as a nonresident public adjuster who moves to this state shall make application within 90 days of establishing legal residence to become a resident licensee pursuant to OAR 836-071-1120. No prelicensing examination shall be required of that person to obtain a public adjuster license. (3) An individual who applies for a public adjuster license in this state who was previously licensed as a public adjuster in this state shall not be required to complete any prelicensing examination. This exemption is only available if the application is received within 12 months of the termination of the applicant’s previous license in this state and if, at the time of termination, the applicant was in good standing in this state. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1140 Nonresident License Reciprocity (1) The director may issue a nonresident public adjuster license to a person under this section if the director finds: (a) The person is currently licensed as a resident public adjuster and in good standing in his or her home state; (b) The person has paid the fees required by OAR 836-009-0007; (c) The person has submitted a complete and accurate application in accordance with OAR 836-071-1115; and (d) The person’s home state awards nonresident public adjuster licenses to residents of this state on the same basis. (2) The director may verify the public adjuster’s licensing status through the producer database maintained by the NAIC, its affiliates, or subsidiaries. (3) As a condition to continuation of a public adjuster license issued under this section, the licensee shall maintain a resident public adjuster license in his or her home state. The nonresident public adjuster license issued under this section shall terminate and be surrendered immediately to the director if the home state public adjuster license terminates for any reason, unless the public adjuster has been issued a license as a resident public adjuster in his or her new home state. Notification to the state or states where nonresident license is issued must be made as soon as possible, yet no later than 30 days of change in new state resident license. Licensee shall include new and old address. A new state resident license is required for nonresident licenses to remain valid. The new state resident license must have reciprocity with the licensing nonresident state(s) for the nonresident license not to terminate. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1145 License (1) A public adjuster license shall remain in effect unless revoked, terminated or suspended as long as a request for renewal is filed, the fee set forth in OAR 836-071-0130 and OAR 836-009-0007 is paid and any other requirements for license renewal are met by the due date. (2) The licensee shall inform the director by any means acceptable to the director of a change of address, change of legal name, or change of information submitted on the application within 30 days of the change. (3) A licensed public adjuster shall be subject to ORS 746.230, ORS 746.240 and other applicable law. (4) A public adjuster who allows his or her license to lapse may, within 12 months from the due date of the renewal, be issued a new public adjuster license upon the director’s receipt of the request for renewal. However, a penalty in the amount of double the unpaid renewal fee shall be required for the issue of the new public adjuster license. The new public adjuster license shall be effective the date the director receives the request for renewal and the late payment penalty. (5) Any public adjuster licensee that fails to apply for renewal of a license before expiration of the current license shall pay a lapsed license fee of twice the license fee and be subject to other penalties as provided by law before the license will be renewed. If the director receives the request for reinstatement and the required lapsed license fee within 365 days of the date the license lapsed, the director shall reinstate the license retroactively to the date the license lapsed. If the person applies for reinstatement more than 365 days from date of lapse, the person shall reapply for the license under this rule. (6) A licensed public adjuster that is unable to comply with license renewal procedures due to military service, a long-term medical disability, or some other extenuating circumstance, may request a waiver of those procedures. The public adjuster may also request a waiver of any examination requirement, fine, or other sanction imposed for failure to comply with renewal procedures. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1150 License Denial, Non-renewal or Revocation The director may place on probation, suspend, revoke, refuse to issue or renew, or otherwise limit or amend a public adjuster’s license in accordance with ORS 744.584. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1155 Continuing Education An individual, who holds a public adjuster license shall satisfactorily complete the continuing education requirements as provided in ORS 744.521(2)(a)(B). Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1160 Public Adjuster Fees (1) A public adjuster shall not pay a commission, service fee or other valuable consideration to a person for investigating or settling claims in this state if that person is required to be licensed under this rule and is not so licensed. (2) A person shall not accept a commission, service fee or other valuable consideration for investigating or settling claims in this state if that person is required to be licensed under this rule and is not so licensed. (3) A public adjuster may pay or assign commission, service fees or other valuable consideration to persons who do not investigate or settle claims in this state, unless the payment would violate ORS 746.045 or other applicable law. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1170 Licensee’s Place of Business A public adjuster shall maintain a place of business and all of the usual, customary and required records in accordance with ORS 744.578. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1175 Escrow or Trust Accounts A public adjuster who receives, accepts or holds any funds on behalf of an insured, towards the settlement of a claim for loss or damage, shall deposit the funds in a non-interest bearing escrow or trust account in a financial institution that is insured by an agency of the federal government in the public adjuster’s home state or where the loss occurred. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1180 Record Retention (1) A public adjuster shall maintain a complete record of each transaction as a public adjuster. The records required by this section shall include the following: (a) Name of the insured; (b) Date, location and amount of the loss; (c) Copy of the contract between the public adjuster and insured; (d) Name of the insurer, amount, expiration date and number of each policy carried with respect to the loss; (e) Itemized statement of the insured’s recoveries; (f) Itemized statement of all compensation received by the public adjuster, from any source whatsoever, in connection with the loss; (g) A register of all monies received, deposited, disbursed, or withdrawn in connection with a transaction with an insured, including fees transfers and disbursements from a trust account and all transactions concerning all interest bearing accounts; (h) Name of public adjuster who executed the contract; (i) Name of the attorney representing the insured, if applicable, and the name of the claims representatives of the insurance company; and (j) Evidence of financial responsibility in a format prescribed by the director. (2) Records shall be maintained for at least five years after the termination of the transaction with an insured and shall be open to examination by the director at all times. (3) Records submitted to the director in accordance with this section that contain information identified in writing as proprietary by the public adjuster shall be treated as confidential by the director. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1190 Notices Required The public adjuster shall report to the director any of the conditions specified in ORS 744.581. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-071-1195 Unlicensed Actors A person or entity commits a fraudulent insurance act if they: (1) Represents or advertises themself to be a public adjuster who has not met the requirements of licensure under this rule. (2) Conducts business for which a license is required under this rule without a license. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025
836-072-0001 Applicability of and authority for OAR 836-072-0001 to 836-072-0045 (1) OAR 836-072-0001 to 836-072-0045 are adopted to carry out the authority of the Department of Consumer and Business Services under ORS 181.534 to request an Oregon LEDS-based criminal history check, a fingerprint-based Oregon criminal history check or a nationwide criminal history check and, pursuant to 705.141, to require fingerprints of an applicant for any of the following licenses: (a) Adjuster license. (b) Insurance consultant license. (c) Insurance producer license. (d) Viatical settlement provider license. (e) Viatical settlement broker license. (2) OAR 836-072-0001 to 836-072-0045 apply to an application for a licenses set forth in section (1) of this rule submitted on and after September 1, 2009. (3) The fact that the Department approves an applicant as fit to be a licensee under OAR 836-072-0001 to 836-072-0045 does not guarantee that the Department will issue or amend the license of the applicant. Statutory/Other Authority: ORS 181.534, 705.135 & 731.244 Statutes/Other Implemented: ORS 181.534, 705.141, 744.001, 744.059 & 744.326 History: ID 19-2008, f. & cert. ef 12-10-08