justicedao/ipfs_state_laws huggingface dataset:
836-150-0040 Reinsurance Parameters (1) For the benefit year beginning on January 1, 2022 the parameters for the Oregon Reinsurance Program are: (a) An attachment point of $92,000; (b) A reinsurance cap of $1,000,000; and (c) A coinsurance rate of fifty percent. (2) For the benefit year beginning on January 1, 2023 the parameters for the Oregon Reinsurance Program are: (a) An attachment point of $95,000; (b) A reinsurance cap of $1,000,000; and (c) A coinsurance rate of fifty percent. (3) For the benefit year beginning on January 1, 2024 the parameters for the Oregon Reinsurance Program are: (a) An attachment point of $95,000; (b) A reinsurance cap of $1,000,000; and (c) A coinsurance rate of fifty percent. (4) For the benefit year beginning on January 1, 2025 the parameters for the Oregon Reinsurance Program are: (a) An attachment point of $103,000; (b) A reinsurance cap of $1,000,000; and (c) A coinsurance rate of fifty percent. (5) For the benefit year beginning on January 1, 2026 the parameters for the Oregon Reinsurance Program are: (a) An attachment point of $108,000; (b) A reinsurance cap of $1,000,000; and (c) A coinsurance rate of fifty percent. Statutory/Other Authority: ORS 731.244 & Or Laws 2017, ch 538, sec 19 Statutes/Other Implemented: Or Laws 2017, ch 538, sec 18-21 History: ID 8-2025, amend filed 11/17/2025, effective 01/01/2026 ID 1-2025, amend filed 01/16/2025, effective 01/16/2025 ID 55-2023, amend filed 12/21/2023, effective 01/01/2024 ID 1-2023, amend filed 01/24/2023, effective 01/31/2023 ID 12-2021, amend filed 12/16/2021, effective 01/01/2022 ID 2-2021, amend filed 01/21/2021, effective 02/01/2021 ID 2-2020, amend filed 04/24/2020, effective 04/24/2020 ID 8-2019, temporary amend filed 10/25/2019, effective 10/25/2019 through 04/21/2020 ID 38-2018, adopt filed 12/19/2018, effective 01/01/2019
836-150-0050 Reinsurance Payments (1) The department will calculate the total reinsurance payment owed to each reinsurance eligible issuer. (a) Subject to paragraph (b) and (c) of this rule, the reinsurance payment made to each reinsurance eligible issuer for a benefit year will be the product of the coinsurance rate and the portion of the reinsurance eligible issuer’s total reinsurance eligible claims for the benefit year that fall between the attachment point and the reinsurance cap. (b) If the total reinsurance payments calculated under paragraph (a) of this rule would exceed the total dollar amount budgeted for the reinsurance program in a benefit year, the department may uniformly reduce the coinsurance rate for all reinsurance eligible issuers in that benefit year. If the department elects to reduce the coinsurance rate under this paragraph, the department will reduce the coinsurance rate only to the extent necessary to ensure that reinsurance payments do not exceed the total dollar amount budgeted for the benefit year. (c) In making the calculation under paragraph (a), the department may disregard any or all reinsurance eligible claims reported by a reinsurance eligible issuer under OAR 836-150-0030 that cannot be verified as part of the audit described under OAR 836-150-0060(1). (2) The department will issue reinsurance payments to all reinsurance eligible issuers on an annual basis in the year following each benefit year. (3) Payments will be made directly to reinsurance eligible issuers by a method selected by the department. Statutory/Other Authority: ORS 731.244 & 2017 Or Laws ch 538 sec 19 Statutes/Other Implemented: 2017 Or Laws ch 538 sec 18-21 History: ID 38-2018, adopt filed 12/19/2018, effective 01/01/2019
836-150-0060 Duties of the Administrator As administrator of the Oregon Reinsurance program, the department will: (1) Conduct an audit of the information submitted under 836-150-0030. (2) Notify reinsurance eligible issuers of the results of the calculation described under 836-150-0050, including any modifications of the coinsurance rate. (3) Issue reinsurance payments to each reinsurance eligible issuer in accordance with OAR 836-150-0050. Statutory/Other Authority: ORS 731.244 & 2017 Or Laws ch 538 sec 19 Statutes/Other Implemented: 2017 Or Laws ch 538 sec 18-21 History: ID 38-2018, adopt filed 12/19/2018, effective 01/01/2019
836-200-0000 Statutory Authority; Registration; Fees; Expiration; Renewal (1) OAR 836-200-0000 to 836-200-0060 are adopted under the authority of ORS 646.267 and 646.285 for the purpose of implementing 646.263 to 646.285. (2) The fee for filing a registration as an obligor of service contracts is $200. The fee under this section (2) must be included with the filing. (3) The fee for annual renewal of a registration as an obligor of service contracts is $50. (4) A registration expires on July 1 unless it is renewed on or before that date. A registrant must renew the registration by submitting the renewal fee to the Director of the Department of Consumer and Business Services. (5) A registrant shall immediately notify the Director of any change in the information submitted in the registration of the registrant. (6) ORS 646.263 to 646.285 and OAR 836-200-0000 to 836-200-0060 apply to merchandise and not to real property. Statutory/Other Authority: ORS 646.267 & 646.285 Statutes/Other Implemented: ORS 646.263 - 646.285 History: ID 8-1997, f. & cert. ef. 7-10-97 ID 7-1996, f. & cert. ef. 5-28-96 ID 6-1995(Temp), f. & cert. ef. 9-12-95
836-200-0010 Assessments (1) An obligor shall pay an annual assessment as required in ORS 646.281 in the amount of $75. The amount of the assessment is based on the expected costs of this registration program. (2) Assessments under section (1) of this rule shall be imposed and collected annually unless the Director determines that additional amounts need to be assessed and collected in order to support the legislatively authorized budget of the Department with respect to its functions under ORS 646.263 to 646.285 or in order to support changes in the budget authorized by the Emergency Board. The additional amounts shall be assessed as provided in this rule. (3) The Director shall assess a registrant only if the registrant is authorized to transact service contracts at the time of billing. (4) A registrant must pay each assessment imposed under this rule not later than the 30th day after the date of the billing of the assessment by the Department. A registrant shall pay interest at nine percent per annum on any assessment that is not paid when due. (5) In the event the Director determines that an assessment or a part thereof paid by a registrant is in excess of the amount legally due and payable to the Department, if the amount of the refund is less than $50, the Department shall pay the refund only upon receipt of a written request from the registrant. The written request must be received by the Department not later than three years from the date the assessment was paid to the Department. Statutory/Other Authority: ORS 646.285 Statutes/Other Implemented: ORS 646.285 History: ID 8-1997, f. & cert. ef. 7-10-97 ID 7-1996, f. & cert. ef. 5-28-96
836-200-0020 Filing Procedures (1) An applicant for registration must include proof of financial stability with the registration application. The proof must satisfy applicable requirements of OAR 836-200-0030 and 836-200-0040, or ORS 646.267(6). (2) An applicant for registration must file with the Director a copy of the service contract form or forms that the applicant intends to use as a registrant in Oregon. (3) A registrant must file with the Director all amendments to its service contract form or forms used in Oregon that change any contract term or condition applicable to the contract's use in Oregon, and all new contract forms to be used in Oregon. A registrant need not file any amendment that changes a contract only in graphics or form, and not substantively. Statutory/Other Authority: ORS 646.267 & 646.285 Statutes/Other Implemented: ORS 646.263–646.285 History: ID 18-2006, f. & cert. ef. 9-8-06 ID 7-1996, f. & cert. ef. 5-28-96 ID 6-1995(Temp), f. & cert. ef. 9-12-95
836-200-0040 Reimbursement Insurance Policy (1) When an obligor or applicant for registration relies on a reimbursement insurance policy for purposes of the financial stability requirement in ORS 646.267, the obligor or applicant must submit a copy of the policy to the Director. (2) A reimbursement insurance policy insuring service contracts issued, sold or offered for sale in this state shall conspicuously state that, upon failure of the obligor to perform under the contract, the insurer that issued the policy shall pay on behalf of the obligor any sums the obligor is legally obligated to pay or shall provide the service that the obligor is legally obligated to perform according to the obligor’s contractual obligations under the service contracts issued by the obligor. The following is an example of wording that will be acceptable for the purpose of this section: Upon failure of the obligor to perform under the contract, _________ (name of insurer issuing policy) shall pay on behalf of the obligor any sums the obligor is legally obligated to pay or shall provide the service that the obligor is legally obligated to perform according to the obligor’s contractual obligation under the service contracts issued by the obligor, and _________ (insurer) will pay claims against the obligor for return of the unearned purchase price of the service contract. (3) For the purpose of payment under a reimbursement insurance policy, an obligor fails to perform under the service contract when the obligor fails to perform as agreed in the service contract by a date that is not later than the 60th day after the date of the demand for performance or by a date specified in the service contract for performance, whichever date is earlier. Statutory/Other Authority: ORS 646.267 & 646.285 Statutes/Other Implemented: ORS 646.263 - 646.285 History: ID 7-1996, f. & cert. ef. 5-28-96 ID 6-1995(Temp), f. & cert. ef. 9-12-95
836-200-0050 Registration Requirements Not Exclusive Compliance with the filing requirements of OAR 836-200-0000 to 836-200-0060 are additional to and not in lieu of filing and other requirements established by law for the purpose of doing business in this state, including but not limited to compliance with filing requirements of the Secretary of State applicable to assumed business names and applicable to the business structure of an applicant. Statutory/Other Authority: ORS 646.267 & 646.285 Statutes/Other Implemented: ORS 646.263 - 646.285 History: ID 7-1996, f. & cert. ef. 5-28-96 ID 6-1995(Temp), f. & cert. ef. 9-12-95
836-200-0055 Annual Report For the purpose of enabling the Director to determine the assessment against each registrant according to the formula established in 836-200-0010, each registrant shall file a report for the preceding calendar year with the Director on or before March 1 of each year, or within such extension of time therefor as the Director may grant. The first report must be filed on or before March 1, 1997, for calendar year 1996. The report shall be in the form specified by the Director, shall contain the total number of service contracts produced in Oregon by the registrant during the preceding calendar year and shall be verified as follows: (1) If the registrant is a corporation, by at least two principal officers of the registrant. (2) If the registrant is a partnership, by two partners. (3) If the registrant is neither a corporation nor a partnership, by its president and secretary. Statutory/Other Authority: ORS 646.267 & 646.285 Statutes/Other Implemented: ORS 646.263 - 646.285 History: ID 7-1996, f. & cert. ef. 5-28-96
836-200-0060 Service on Registrant The Director may make service on a registrant at the address shown on the current registration of the registrant on file with the Director, in the manner provided in ORS 183.310 to 183.550. Statutory/Other Authority: ORS 646.267 & 646.285 Statutes/Other Implemented: ORS 646.263 - 646.285 History: ID 7-1996, f. & cert. ef. 5-28-96 ID 6-1995(Temp), f. & cert. ef. 9-12-95
836-200-0100 Notice, Collision Damage Waivers For purposes of ORS 646.859, which provides that an auto rental agency offering collision damage waivers shall post a sign approved by the Department, the Department shall consider a sign approved if the sign meets the following requirements: (1) The sign must state the following in bold type that is at least 1.25 inches high: OUR CONTRACTS OFFER OPTIONAL COLLISION DAMAGE WAIVERS AT AN ADDITIONAL COST. (2) The sign must be posted in the place of business of the auto rental agency in a location that is conspicuous to the public. Statutory/Other Authority: ORS 705.135 Statutes/Other Implemented: ORS 646.859 History: Renumbered from 440-010-0001, ID 17-2006, f. & cert. ef. 8-11-06 IF 8-1989, f. 11-6-89, cert. ef. 12-11-89
836-200-0105 Statutory Authority; Registration; Fees; Expiration; Renewal (1) OAR 836-200-0100 to 836-200-0140 are adopted under the authority of section 11, ch. 685, Oregon Laws 2007, for the purpose of implementing sections 1 to 11, Ch. 685, Oregon Laws 2007. (2) The fee for submitting a Registration Application is $70. (3) The fee for annual renewal of a Registration is $25. Statutory/Other Authority: ORS 731.244; 2007 OL Ch. 685 & Sec. 11 Statutes/Other Implemented: 2007 OL Ch. 685 & Sec. 1 - 11 History: ID 4-2008, f. & cert. ef. 4-7-08
836-200-0110 Registration Procedures (1) A warrantor of a vehicle protection product shall register with the Department of Consumer and Business Services by submitting to the Director a completed Warrantor of Vehicle Protection Product Registration Application on the form prescribed by the Director. (2) A warrantor must include with the Registration Application a copy of each warranty form to be used in this state, and any amendments to the form that the warrantor proposes to use in the state of Oregon. A warrantor need not include any amendment that: (a) Changes a warranty only in graphics or form, and not substantively; or (b) Is a direct translation of the warranty form the warrantor proposes to use into a language other than English. (3) A warrantor must also include with the Registration Application a copy of a warranty reimbursement insurance policy the warrantor intends to use to demonstrate the warrantor’s financial responsibility. (4) A warrantor must include the registration fee with the Registration Application. (5) A registration is not effective until the warrantor receives written notification from the Director. (6) A warrantor must renew a registration by submitting to the Director on or before December 31 of each calendar year the renewal fee and a completed Warrantor of Vehicle Protection Product Renewal Form on the form prescribed by the Director. (7) A warrantor shall notify the Director in writing of any change in the information contained in the Registration Application not later than 30 days after the information has changed. Statutory/Other Authority: ORS 731.244; 2007 OL Ch. 685 & Sec. 11 Statutes/Other Implemented: 2007 OL Ch. 685 & Sec. 4 History: ID 4-2008, f. & cert. ef. 4-7-08
836-200-0120 Warranty To comply with the requirement in section 3, chapter 685, Oregon Laws 2007 that each warranty must list the name, mailing address, and telephone number for the Division of Financial Regulation, Department of Consumer and Business Services, a warrantor shall include the contact information for Consumer Advocacy as set out on the website for the Division of Financial Regulation at dfr.oregon.gov. Statutory/Other Authority: ORS 731.244, Or Laws 2007, ch 685 & sec 11 Statutes/Other Implemented: Or Laws 2007, ch 685 & sec 3 History: ID 47-2023, minor correction filed 07/24/2023, effective 07/24/2023 ID 4-2008, f. & cert. ef. 4-7-08
836-200-0130 Reimbursement Insurance Policy (1) A reimbursement insurer must deliver to the warrantor and the Director of the Department of Consumer and Business Services the written notice of cancellation for a reimbursement insurance policy as required by Section 6(2), Ch. 685, Oregon Laws 2007 not later than 30 days prior to the effective date of the cancellation. (2) A warrantor must discontinue offering vehicle protection product warranties as of the date of cancellation of the reimbursement insurance until the warrantor obtains new reimbursement insurance. (3) A warrantor must deliver a copy of the new reimbursement policy to the Director within 10 business days of the warrantor’s receipt of the new reimbursement policy. Statutory/Other Authority: ORS 731.244; 2007 OL Ch. 685 & Sec. 11 Statutes/Other Implemented: 2007 OL Ch. 685, Sec. 5 & 6 History: ID 4-2008, f. & cert. ef. 4-7-08
836-200-0140 Registration Requirements Not Exclusive Compliance with the registration requirements of OAR 836-200-0100 to 836-200-0140 is additional to and not in lieu of any other requirements established by law for the purpose of doing business in this state, including but not limited to compliance with filing requirements of the Secretary of State applicable to assumed business names and applicable to the business structure of an applicant. Statutory/Other Authority: ORS 731.244; 2007 OL Ch. 685 & Sec. 11 Statutes/Other Implemented: 2007 OL Ch. 685 & Sec. 11 History: ID 4-2008, f. & cert. ef. 4-7-08
836-200-0210 Renewal of expired license (1) A person whose license as a discount medical plan organization has expired may renew the license by submitting a completed license renewal application on the form prescribed by the Director, not later than the 90th day after the date the license expired and if: (a) The license was not suspended or revoked by the Director, or not renewed, on any ground under Section 11, Chapter 272, Oregon Laws 2007; and (b) The Director is satisfied that the person meets the requirements for the license in Section 5, Chapter 272, Oregon Laws 2007. (2) A person who does not renew an expired license as provided in this rule may obtain a license only if the person applies and qualifies for and is issued the license in the same manner as a person who initially applies for the license. Statutory/Other Authority: ORS 731.244 & 742.430 Statutes/Other Implemented: ORS 742.430 History: ID 5-2008, f. & cert. ef. 4-14-08
836-200-0215 One-time processing fee, cancelled application A discount medical plan organization may retain a one-time processing fee that is not more than $30 when the organization refunds fees, service or subscription charges, dues or other consideration paid by a member who cancels a discount medical plan as provided in section 8, chapter 272, Oregon Laws 2007. Statutory/Other Authority: ORS 731.244 & 742.432 Statutes/Other Implemented: ORS 742.432 History: ID 5-2008, f. & cert. ef. 4-14-08
836-200-0220 License Requirement Not Exclusive Compliance with the licensing requirement of OAR 836-200-0200 is additional to and not in lieu of any other requirements established by law for the purpose of doing business in this state, including but not limited to compliance with filing requirements of the Secretary of State applicable to assumed business names and applicable to the business structure of an applicant. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 742.426 History: ID 5-2008, f. & cert. ef. 4-14-08
836-200-0250 Purpose and Authority OAR 836-200-0255 is adopted to implement the provisions of Section 3, chapter 561, Oregon Laws 2011. OAR 836-014-0255 applies to a contracting entity as defined in Section 1, chapter 561, Oregon Laws 2011 (Enrolled Senate Bill 634) other than an entity operating under a certificate of authority or license issued by the Department of Consumer and Business Services that enters into or renews a contract subject to Section 4, chapter 561, Oregon Laws 2011 on or after January 1, 2012. Statutory/Other Authority: ORS 731.244 & sec. 3, ch. 561 & OL 2011 (Enrolled SB 634) Statutes/Other Implemented: Sec. 1 to 5, ch. 561 & OL 2011 (Enrolled SB 634)) History: ID 18-2011, f. 11-16-11, cert. ef. 1-1-12
836-200-0255 Registration of Contracting Entity (1) A contracting entity, as defined in Section 1, chapter 561, Oregon Laws 2011 (Enrolled Senate Bill 634), that is not operating under a certificate of authority or license issued by the Department of Consumer and Business Services shall register annually with the Department of Consumer and Business Services by submitting the following information to the department in the manner requested by the Director, along with a $150 fee: (a) The official name of the entity and any secondary, alternative or substitute designations; (b) The mailing address and telephone number of the headquarters of the entity; and (c) The name and phone number of a representative of the entity who shall serve as the primary contact for the department. (2) The requirements of this rule do not apply to a contracting entity that is under common ownership and control of a contracting entity that is licensed by or has a certificate of authority from the department. Statutory/Other Authority: ORS 731.244 & sec. 3, ch. 561 & OL 2011 (Enrolled SB 634) Statutes/Other Implemented: Sec. 1 to 5, ch. 561 & OL 2011 (Enrolled SB 634)) History: ID 18-2011, f. 11-16-11, cert. ef. 1-1-12
836-200-0300 Statement of Purpose; Authority OAR 836-200-0300 to 836-200-0315 are adopted by the Director of the Department of Consumer and Business Services pursuant to sections 2 and 3, chapter 499, Oregon Laws 2011 (Enrolled Senate Bill 86). The purpose of OAR 836-200-0300 to 836-200-0315 is to establish the requirements for initial certification, disclosure requirements and certification renewal, for a retainer medical practice. Statutory/Other Authority: ORS 731.244 & sec. 2, 3, ch. 499 & OL 2011 (Enrolled SB 86) Statutes/Other Implemented: sec. 2, 3, ch. 499 & OL 2011 (Enrolled SB 86) History: ID 19-2011, f. 11-29-11, cert. ef. 1-1-12
836-200-0310 Retainer Medical Practice Application for Renewal (1) The director may renew a retainer medical practice certification if the practice complies with all of the following: (a) The retainer medical practice completes and submits to the satisfaction of the director a retainer medical practice renewal application as set forth on the website for the Division of Financial Regulation of the Department of Consumer and Business Services at dfr.oregon.gov. The renewal application must be submitted annually before February 1 of each year in accordance with OAR 836-200-0305(2). (b) The retainer medical practice acts in accordance with the attestations required by OAR 836-200-0305(1). (c) The retainer medical practice shall provide with the renewal application, the following information for the prior calendar year through December 31: (A) The total number of retainer medical patients under agreement with the retainer medical practice; (B) The total number of retainer medical patients that voluntarily terminated the retainer medical agreement; (C) The total number of patients with whom the retainer medical practice terminated an agreement and the reasons for the terminations; (D) The total number of applicants declined by the retainer medical practice and the reasons for the declinations; and (E) Any changes to the information submitted on the applicant’s original application for certification. (2) The director shall use the information required by section (1) of this rule to determine whether the retainer medical practice meets the requirements of, and complies with, section 2, chapter 499, Oregon Laws 2011 (Enrolled Senate Bill 86) for purposes of renewing a certification. (3) A renewal certification shall be for a period of one year. Statutory/Other Authority: ORS 731.244 & sec. 2, 3, ch. 499 & OL 2011 (Enrolled SB 86) Statutes/Other Implemented: 3, ch. 499, OL 2011 (Enrolled SB 86), ORS 731.244 & sec. 2 History: ID 45-2023, minor correction filed 07/24/2023, effective 07/24/2023 ID 19-2011, f. 11-29-11, cert. ef. 1-1-12