justicedao/ipfs_state_laws huggingface dataset:
836-080-0325 Business Development Activities (1) A title company may give a thing of value to an intermediary in connection with an activity sponsored only by the title company if the net cost to the title company is $75 or less per individual attending, when five or fewer individuals actually attend and when one of the individuals is an employee of the title company. (2) A title company may give a thing of value to an intermediary in connection with an activity sponsored only by the title company if the net cost to the title company is $10 or less per individual reasonably expected to attend, when six or more individuals actually attend and when one of the individuals is an employee of the title company. (3) A title company may give a thing of value to an intermediary in connection with an activity sponsored only by the title company if the activity occurs at the title company’s new or substantially remodeled office and the net cost to the title company is $25 or less per individual reasonably expected to attend. The title company shall notify the Director in writing at least 30 calendar days before the activity occurs that it intends to sponsor the activity, a description of the new office or extent of any remodeling, the number of individuals invited and reasonably expected to attend and the expected cost of the activity. (4) A title company may give a thing of value to an intermediary in connection with an activity sponsored only by the title company if the activity occurs within 90 calendar days before or after the title company’s first and each tenth anniversary of commencing title insurance or escrow business and the net cost to the title company is $25 or less per individual reasonably expected to attend. The title company shall notify the Director in writing at least 30 calendar days before the activity occurs that it intends to sponsor the activity, an explanation of when the title company commenced business, the number of individuals invited and reasonably expected to attend and the expected cost of the activity. (5) A title company may give a thing of value to a trade association in response to a general solicitation of the entire membership of the trade association if the net cost to the title company is $50 or less. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.045, 746.055, 746.160 & 746.240 History: ID 9-1996, f. 6-25-96, cert. ef. 7-1-96 ID 11-1988, f. & cert. ef. 6-14-88 IC 6-1984, f. 10-15-84, ef. 11-1-84 IC 3-1980, f. 7-7-80, ef. 8-1-80
836-080-0335 Gifts (1) A title company may give a plant or flowers to an intermediary in connection with an open house of a new or substantially remodeled office of the intermediary if the net cost to the title company is $50 or less. (2) A title company may give a thing of value to an intermediary as a condolence if the net cost to the title company is $50 or less. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.045, 746.055, 746.160 & 746.240 History: ID 9-1996, f. 6-25-96, cert. ef. 7-1-96 IC 3-1980, f. 7-7-80, ef. 8-1-80
836-080-0337 Real Property Information (1) A title company may give to an intermediary information that relates to a specific parcel of real property located in this state if the cost to the title company, including but not limited to labor and materials, is $15 or less per request. (2) A title company may distribute the information described in section (1) of this rule in any form and in any manner. (3) This rule does not apply when a title company provides real property information in connection with a title insurance policy according to the title company’s filed rating plan approved by the Director pursuant to ORS 737.320. (4) Nothing in this rule allows a title company to provide: (a) The means of access to the real property information to an intermediary for less than reasonably equivalent consideration; or (b) Any other thing of value in connection with the information described in section (1) of this rule including but not limited to packaging such as binders, dividers, folders, page protectors or compact disc cases. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.045, 746.055, 746.160 & 746.240 History: ID 10-2012, f. & cert. ef. 6-7-12 ID 9-1996, f. 6-25-96, cert. ef. 7-1-96
836-080-0340 Assistance in Qualifying a Subdivision (1) A title company may do the following things for an intermediary that is a subdivider or developer to help qualify a subdivision for approval by a state or local government: (a) Advance the normal county recording and filing fees; (b) Help the subdivider or developer obtain the information necessary to complete the forms required by the state or local government; (c) Help a subdivider or developer obtain the signatures necessary to file or record the subdivision plat with the state or local government; and (d) Forward an item to the state or local government after the title company receives the item. (2) As used in section (1) of this rule: (a) “Developer” means a person who is a developer as defined in ORS 92.305 or 94.004, or a person who engages in the development of more than one commercial or industrial real property construction projects; and (b) “Subdivider” means a person who is a subdivider as defined in ORS 92.305, or a person who acquires five or more unimproved lots or tracts of a filed subdivision for the purpose of resale or lease. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.045, 746.055, 746.160 & 746.240 History: ID 9-1996, f. 6-25-96, cert. ef. 7-1-96 ID 11-1988, f. & cert. ef. 6-14-88 IC 3-1980, f. 7-7-80, ef. 8-1-80
836-080-0345 Automatic Change in Monetary Limits All monetary limits in OAR 836-080-0305 to 836-080-0337 will automatically change, without the necessity of amending such rules, by the percentage change from year to year in the Portland Standard Statistical Metropolitan Area Consumer Price Index for all urban consumers, all items (Base 1982=100), or its equivalent as determined by the Director. The Director shall calculate the changes and notify each title company of such changes by December 1 of each year. The changes shall be effective on January 1 of the immediately following year. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.045, 746.055, 746.160 & 746.240 History: ID 9-1996, f. 6-25-96, cert. ef. 7-1-96 IC 3-1980, f. 7-7-80, ef. 8-1-80
836-080-0355 Title Insurer Responsible for Violations by Agent A title insurer also violates OAR 836-080-0315 when a title insurance agent of the title insurer engages in conduct that violates 836-080-0315, the title insurer knows that the conduct violates 836-080-0315, the title insurer knows that the conduct is occurring or is about to occur, and the title insurer fails to request, in writing within 10 calendar days after first knowing that the conduct is occurring or is about to occur, that the title insurance agent immediately discontinue the conduct. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.045, 746.055, 746.160 & 746.240 History: ID 9-1996, f. 6-25-96, cert. ef. 7-1-96
836-080-0360 Use by Title Company of an Intermediary’s Office A title company shall not have an employee work in a workspace owned, leased or rented by an intermediary unless all of the following apply with respect to the space: (1) The space is separate from and can be secured against access by other occupants of the premises. (2) The consideration paid, if any, for the space is not more than the prevailing rate for similar space in the market area. (3) The space is open to the conduct of business with all persons. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.045, 746.055, 746.160 & 746.240 History: ID 9-1996, f. 6-25-96, cert. ef. 7-1-96, Renumbered from 836-080-0330 IC 3-1980, f. 7-7-80, ef. 8-1-80
836-080-0365 Filing Escrow Rates Required A title company shall file with the Director in writing each rate to be charged for escrow services and the effective date of such rate before the date the title company uses such rate. A title company shall also file a list of all escrow rates to be charged when it files a new or changed escrow rate. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.045, 746.055, 746.160 & 746.240 History: ID 9-1996, f. 6-25-96, cert. ef. 7-1-96
836-080-0370 Instruction of Title Company Employees About Rules Required (1) A title company shall give a copy of OAR 836-080-0305 to 836-080-0370 to each employee who markets or performs any service offered by the title company. (2) A title company shall instruct each employee described in section (1) of this rule about the content of the rules as follows: (a) In the case of each employee employed on the effective date of OAR 836-080-0305 to 836-080-0370, within 60 calendar days after that date; and (b) In the case of each employee employed after the effective date of OAR 836-080-0305 to 836-080-0370, within 30 calendar days after the date the employee commences work. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.045, 746.055, 746.160 & 746.240 History: ID 9-1996, f. 6-25-96, cert. ef. 7-1-96
836-080-0425 Applicability; Definitions (1) OAR 836-080-0425 to 836-080-0440 apply to personal insurance as defined in ORS 746.600. (2) "Application" means an action by a prospective insured that, if accepted by the insurer, would establish a contract of insurance. (3) “Consumer,” “consumer reporting agency,” “credit history” and “insurance score” have the meanings given those terms in ORS 746.600. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.015 & 746.240 History: ID 7-2004, f. & cert. ef. 10-5-04 ID 25-2002, f. 12-17-02, cert. ef. 6-1-03
836-080-0430 Disclosure of Use of Credit History or Insurance Scores (1) Before an insurer or its insurance producer may obtain the credit history or insurance score of a consumer in response to a request by the consumer relating to insurance coverage, the insurer or insurance producer shall notify the consumer that the insurer or insurance producer will check the credit history or insurance score of the consumer. The notice may be oral, in writing or in the same medium as the medium in which communication between the consumer and the insurer or insurance producer is conducted. (2) An insurance producer need provide only one notice under section (1) of this rule to a consumer for the inquiry or inquiries that the insurance producer makes to one or more insurers in response to the request by the consumer. (3) An insurer who uses credit histories or insurance scores for underwriting or rating coverage shall instruct each of its insurance producer that before an insurance producer may obtain a consumer's credit history or insurance score, the insurance producer must notify the consumer that the consumer's credit history or insurance score of the consumer will be checked. (4) An insurer that uses the credit history or insurance score of a consumer when considering the consumer's application for insurance must notify the consumer during the application process that the consumer may request a written statement describing its use of credit histories or insurance scores. The notice to the consumer may be either in writing or in the same medium as the medium in which the application is made. The statement must address the following items: (a) Why the insurer uses credit history or insurance scores. (b) How the insurer uses credit histories or insurance scores. (c) What kinds of credit information are used by the insurer. (d) Whether a consumer's lack of credit history will affect the insurer's consideration of an application. (e) Where the consumer may go with questions. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.015, 746.240, 746.661 & 746.663 History: ID 4-2006, f. 3-9-06, cert. ef. 3-10-06 Reverted to ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 11-2005(Temp), f. & cert. ef. 9-15-05 thru 3-6-06 ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 7-2004, f. & cert. ef. 10-5-04 ID 25-2002, f. 12-17-02, cert. ef. 6-1-03
836-080-0435 Policies Governing Credit Histories and Insurance Scores Each insurer that uses credit histories or insurance scores in the rating or underwriting, or both, of prospective applicants, applicants or policyholders for personal insurance shall establish a written policy that includes at least the following: (1) An explanation of credit histories or insurance scores, or an explanation of both if the insurer uses both, and the insurer's standards governing their use. (2) Rating and underwriting protocols, rules and instructions relating to credit histories or insurance scores. The protocols, rules and instructions shall include an explanation of the insurer's consideration and treatment, for underwriting purposes and for rating purposes, of: (a) A consumer for whom the insurer or provider of credit scoring information has found no credit records (a "no hit"), and whether the insurer may make exceptions. (b) A consumer for whom the insurer or provider of credit history or insurance score information has found a credit record but insufficient credit activity for creating a credit score (a "no score"), and whether the insurer may make exceptions. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.015 & 746.240 History: ID 7-2004, f. & cert. ef. 10-5-04 ID 25-2002, f. 12-17-02, cert. ef. 6-1-03
836-080-0436 Absence of or Inability to Determine Credit History; Relation to Risk to Insurer An insurer may use the category of absence of a credit history (“no hit”) or the category of inability to determine a consumer’s credit history (“no score”) under ORS 746.661(1)(c) according to the separate risk profiles for the two categories, and any relevant subcategories, demonstrated by actuarial data that the insurer has submitted to the Director of the Department of Consumer and Business Services. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.650 History: ID 7-2004, f. & cert. ef. 10-5-04
836-080-0438 Definition of Adverse Underwriting Decision; Notice (1) For the purpose of the notice required by ORS 746.650(5), an adverse underwriting decision as defined in 746.600(1)(a)(G)(iii) occurs when an insurer accepting an application for insurance would have given the consumer a lower rate if the consumer's credit history or the credit factors in the consumer's insurance score were more favorable. (2) An insurer shall include in a notice of adverse underwriting decision required by ORS 746.650(5) an explanation of the consumer's right to request, no more than once annually, that the insurer rerate the consumer, and of potential negative consequences of rerating, if any. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.600 & 746.650 History: ID 4-2006, f. 3-9-06, cert. ef. 3-10-06 Reverted to ID 7-2004, f. & cert. ef. 10-5-04 ID 11-2005(Temp), f. & cert. ef. 9-15-05 thru 3-6-06 ID 7-2004, f. & cert. ef. 10-5-04
836-080-0440 Unfair Insurance Trade Practice Violation of any provision of OAR 836-080-0425 to 836-080-0440 is an unfair trade practice for purposes of ORS 746.240. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.240 History: ID 25-2002, f. 12-17-02, cert. ef. 6-1-03
836-080-0501 Authority; Rule of Construction; Applicability (1) OAR 836-080-0501 to 836-080-0551 are adopted under the authority of ORS 731.244 and 746.620 for the purpose of implementing 746.600, 746.620, 746.630 and 746.665. (2) The examples in OAR 836-080-0501 to 836-080-0551 are not exclusive. Compliance with an example in 836-080-0501 to 836-080-0551 constitutes compliance with the statute to which the example applies. (3) OAR 836-080-0501 to 836-080-0551 have the same scope of applicability as ORS 746.600, 746.620, 746.630 and 746.665, applying to insurance activities of a licensee and not to noninsurance activities. (4) The applicability of the exemptions in ORS 746.665(1)(b) and (c) includes but is not limited to a licensee's transactions described in 746.665(1)(b) and (c) with a reinsurer or with an insurer with respect to stop loss or excess loss insurance. Statutory/Other Authority: ORS 731.244, 746.600 & 746.620 Statutes/Other Implemented: ORS 746.600, 746.620, 746.630 & 746.665 History: ID 19-2006, f. & cert. ef. 9-26-06 ID 11-2006, f. & cert. ef. 6-26-06 ID 8-2002, f. & cert. ef. 2-15-02
836-080-0511 Application of Notice Requirements (1) A licensee is not subject to the requirements stated in ORS 746.620 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 746.620, 746.630 and 746.665, and: (a) If the licensee is an insurance producer, the licensee acts in accordance with the requirements of ORS 746.620(8); and (b) 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 ORS 746.665(1)(a) to (j) or (m) to (q), or under 746.665(1)(L) in connection with an audit. (2) A surplus lines licensee or surplus lines insurer is deemed to be in compliance with ORS 746.620 if: (a) The licensee or insurer does not disclose personal information of a consumer or a customer to nonaffiliated third parties for any purpose, except as permitted by ORS 746.665(1)(a) to (j) and (L) to (q); and (b) The licensee or insurer delivers a notice to the consumer at the time a customer relationship is established on which the following is printed in 16-point type: PRIVACY NOTICE NEITHER THE U.S. BROKERS THAT HANDLED THIS INSURANCE NOR THE INSURERS THAT HAVE UNDERWRITTEN THIS INSURANCE WILL DISCLOSE NONPUBLIC PERSONAL INFORMATION CONCERNING THE BUYER TO NONAFFILIATES OF THE BROKERS OR INSURERS EXCEPT AS PERMITTED BY LAW. Statutory/Other Authority: ORS 731.244, 746.600 & 746.620 Statutes/Other Implemented: ORS 746.600, 746.620, 746.630 & 746.665 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 8-2002, f. & cert. ef. 2-15-02
836-080-0523 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) For the purpose of this rule, 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. (d) A licensee no longer has a continuing relationship with a customer in the case of providing real estate settlement purposes, at the time the customer completes execution of all documents related to the real estate closing, payment for those services has been received or the licensee has completed all of its responsibilities with respect to the settlement, including filing documents on the public record, whichever is later. (3) When a licensee is required by this rule to deliver an annual privacy notice, the licensee shall deliver it according to OAR 836-080-0536. (4) An insurer issuing a title insurance policy is not required to give the annual notice required by ORS 746.620(2) to the policyholder. 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
836-080-0531 Revised Privacy Notices (1) Except as otherwise authorized in OAR 836-080-0501 to 836-080-0551, a licensee shall not, directly or through an affiliate, disclose any personal financial information about a consumer to a nonaffiliated third party under ORS 746.665(1)(k) other than as described in the initial notice that the licensee provided to the consumer under 746.620 and OAR 836-080-0501 to 836-080-0551, 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 ORS 746.665(1)(a) to (j) and (m) to (q), 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 836-080-0536. (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 ORS 746.665. 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