justicedao/ipfs_state_laws huggingface dataset:
836-071-0160 Errors and Omissions Insurance; Reinsurance Intermediary Managers (1) The amount of insurance for which a reinsurance intermediary manager must maintain a certificate of errors and omissions insurance with the Director as required by ORS 744.818, is $500,000 claims made or per occurrence. (2) A reinsurance intermediary manager may obtain insurance required by ORS 744.818, from an insurer other than an authorized insurer if the insurer does not control or is not controlled by, or is not under common control with, the reinsurance intermediary manager, whether directly or indirectly through one or more intermediaries, and if: (a) The insurer is an eligible surplus lines insurer pursuant to the requirements of ORS 735.400 to 735.495 and the insurance is procured by a surplus lines licensee; (b) The insurer is an authorized insurer in the state of domicile of the reinsurance intermediary manager for whom the insurance is obtained; or the state of domicile of the applicant for the license; or (c) The insurance is procured from an Oregon surplus lines insurer that is eligible in the state of domicile of the reinsurance intermediary manager or applicant for the license, if all requirements of this subsection are satisfied. The insurance for purposes of this subsection must be confirmed by the signature of an Oregon surplus lines licensee. The Oregon surplus lines licensee must also affirm in writing that the Oregon surplus lines licensee will be the agent for service of process for any action or proceeding involving the reinsurance intermediary manager and an Oregon resident. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.818 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 15-1996, f. & cert. ef. 11-12-96 ID 8-1993, f. & cert. ef. 9-23-93
836-071-0185 Qualification of Agents Selling Variable Life Insurance, Including Variable Annuities A person shall not solicit, place or procure variable life insurance contracts or policies, including variable annuities, unless the person is licensed as authorized by OAR 441-175-0120 or by OAR 441-175-0130. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.062 History: ID 12-2018, amend filed 08/16/2018, effective 08/16/2018 ID 2-2010, f. 1-8-10, cert. ef. 2-1-10 ID 9-2002, f. & cert. ef. 3-18-02 ID 4-1991, f. & cert. ef. 4-25-91 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0190 Registration of a School (1) Each school, other than a community college or four-year college or university, offering an insurance instruction program shall register with the director in order to provide pre-examination training for applicants for insurance producer licenses. Each school shall apply for registration annually on a form provided by the director. (2) The application shall contain: (a) The business name, main business address and business telephone number of the school and the name of an individual employed by the school whom the director may contact; (b) A detailed description of the school's insurance training program that shall, for each part, include the course outline and list of source materials, instructor's lesson plans, student outline, proposed student attendance record forms, proposed student progress record forms and enrollment contract form including refund policy; (c) The names of persons authorized to certify records or statements regarding training taken by applicants; (d) A list of principal officers and directors if the school is a firm or corporation; (e) A certification that the training offered or proposed to be offered includes subject matter equivalent to the examination outline adopted by the Division of Financial Regulation. (3) A registered school shall notify the director of any change of its address, telephone number or contact person within 30 days after the change. (4) Promotional material advertising insurance pre-examination training published by the registered school shall state that the school is registered with the Division of Financial Regulation and that registration does not imply endorsement by the Division of Financial Regulation. (5) A registered school shall retain for each training course the attendance and course outlines for a period of three years after the conclusion of the course. (6) A registered school is subject to audit by the director for purposes of verifying compliance with OAR 836-071-0180. (7) Subject to revocation of registration under OAR 836-071-0195, a registration expires on the second January 1 following the date of registration. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.072 History: ID 26-2024, minor correction filed 08/16/2024, effective 08/16/2024 ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 9-2002, f. & cert. ef. 3-18-02 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0195 Revocation of Registration of a School; Reinstatement (1) The registration of an insurance school providing pre-examination training may be revoked by the Director if the Director determines that: (a) The insurance training program as registered is not being taught; or (b) Students who have not maintained a satisfactory attendance record or have not completed course work have been certified by the school for the insurance producer license examination. (2) A school whose registration is revoked may apply for reinstatement. The school must demonstrate to the Director's satisfaction that the school has taken appropriate action to correct the conditions that were the basis of the revocation. Statutory/Other Authority: ORS 731 & 744 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0210 Statutory Authority; Purpose (1) OAR 836-071-0210 to 836-071-0250 are adopted under the authority of ORS 731.244 and 744.072 for the purpose of implementing 744.072, relating to continuing education for insurance producers. The purpose of OAR 836-071-0210 to 836-071-0250 is to establish requirements and standards for the program for licensees. (2) The purpose of the continuing education program is to promote trustworthy and competent insurance services for the public by requiring a sufficient number of hours for insurance training. Statutory/Other Authority: ORS 731.244 & 744.072 Statutes/Other Implemented: ORS 744.072 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 9-2002, f. & cert. ef. 3-18-02 ID 3-1997, f. 4-7-97, cert. ef. 6-1-97
836-071-0215 Continuing Education Requirements for Insurance Producers; Hours; Credit for Experience and Coursework Each resident insurance producer is responsible for obtaining the credit hours required by this rule by enrolling in courses approved by the Director that serve the insurance producer's professional needs. The following minimum continuing education requirements apply to resident insurance producers as a condition of renewing a license as insurance producer: (1) For each two year renewal period occurring after issuance of an insurance producer license that an insurance producer holds an insurance producer license, the insurance producer must complete 12 hours of continuing education annually or 24 hours in each two-year renewal period; and (2) For each two year renewal period occurring after issuance of an insurance producer license, the renewing insurance producer must include in the applicable required hours of completed continuing education: (a) At least three credit hours of continuing education on the subject of Oregon statutes and administrative rules, including recent changes; (b) At least three credit hours of continuing education of the subject of professional ethics for insurance producers; and (c) For a producer that negotiates, sells, or solicits flood insurance, at least two credit hours of continuing education on any combination of the following subjects: current state and federal laws relating to flood insurance, the National Flood Insurance Program, or private flood insurance. Statutory/Other Authority: ORS 731.244 & ORS 744.072 Statutes/Other Implemented: ORS 744.072 History: ID 13-2018, amend filed 08/16/2018, effective 08/16/2018 ID 4-2007, f. 3-6-07, cert. ef. 1-1-08 ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 9-2002, f. & cert. ef. 3-18-02 ID 6-1999, f. 12-13-99, cert. ef. 1-1-00 ID 3-1997, f. 4-7-97, cert. ef. 6-1-97 ID 6-1994, f. & cert. ef. 5-20-94 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0220 Continuing Education; Documentation (1) For the purpose of furnishing evidence of completion of a course for which an insurance producer claims credit, the documentation applicable to the course shall be submitted as follows: (a) For a registered course taken for academic credit, to the extent possible, the institution offering the course shall submit electronically a transcript, certificate of completion or grade or course completion report, whichever is issued by the institution offering the course, or a copy thereof. If it is not possible for the institution offering the course to submit a transcript, certificate of completion or grade or course completion report, the insurance producer shall submit the transcript, certificate of completion or grade or course completion report in accordance with directions provided on the Division of Financial Regulation website of the Department of Consumer and Business Services at dfr.oregon.gov. For purposes of this subsection, a course is taken for academic credit if it is offered by a community college or four-year college or university, and the insurance producer is given academic credit for the course by such an institution; (b) For coursework taken for the purpose of obtaining a nationally-recognized insurance industry designation, to the extent possible the entity granting the designation shall submit electronically directly to the Division of Financial Regulation, a transcript, certificate of completion or grade or course completion report, whichever is issued by the entity granting the designation; (c) For a registered course that is not offered for academic credit, the provider shall submit to the department electronically course completion information. The information must include a statement of the hours of credit, the name of the insurance producer, the date of the course, the course registration number; (d) For a course that is not offered for academic credit and is not registered when taken by an insurance producer, an insurance producer must comply with the requirements of OAR 836-071-0250. (2) The director may accept evidence of completion of a course from continuing education providers through electronic means as specified by the director. Statutory/Other Authority: ORS 731.244 & ORS 744.072 Statutes/Other Implemented: ORS 744.072 History: ID 23-2023, minor correction filed 06/27/2023, effective 06/27/2023 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 4-2007, f. 3-6-07, cert. ef. 1-1-08 ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 3-1997, f. 4-7-97, cert. ef. 6-1-97 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0230 Continuing Education; Course Qualification Guidelines (1) An insurance producer may receive credit for a course on one or more of the following general subject matters if the course also meets the requirements of OAR 836-071-0225: (a) Rating; (b) Insurance fundamentals; (c) Tax laws related to the license class; (d) Policy contents; (e) Proper uses of insurance products; (f) Oregon Insurance Code and administrative rules; (g) Technical information related to the insurance license classes of general lines, life and health; (h) Insurance law; (i) Insurance policies and coverage; (j) Contract law; (k) Insurance needs; (l) Insurance risk management; (m) Ethics; (n) Estate planning; (o) Pension plans; (p) Financial planning; (q) Accounting; (r) Finance; (s) General underwriting principles; (t) Prevention of errors and omissions; (u) Office management, client relations or improving the operations of the insurance producer’s business, or any combination thereof; (v) Any other subject matter that the Director determines will enhance the ability of an insurance producer to provide insurance services to the public effectively. (2) An insurance producer may claim not more than four hours of credit in a renewal period for a course on the subject matter described in section (1)(u) of this rule. (3) An insurance producer may not receive credit for the following types of courses: (a) A course designed solely to prepare a person for a license examination; (b) A course in mechanical, office or business skill, including but not limited to typing, speed reading or the use of calculators or other machines or equipment; (c) A course in sales promotion; (d) A course in motivation, salesmanship, stress management, time management, psychology, writing or motivational and promotional communication; (e) A course in personnel management or recruiting; (f) Any product not available for sale to Oregon consumers; (g) Securities, other than variable life and variable annuities. Statutory/Other Authority: ORS 731.244 & 744.072 Statutes/Other Implemented: ORS 744.072 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 9-2002, f. & cert. ef. 3-18-02 ID 3-1997, f. 4-7-97, cert. ef. 6-1-97 ID 6-1994, f. & cert. ef. 5-20-94 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0235 Provider Registration (1) A provider of continuing education courses must register with the Director in order to register courses under OAR 836-071-0240. A provider must register electronically in the method required by the Director. The registration of a provider shall include the provider's business name, main business address, the business telephone number, email address and the name of a contact person. If a provider is a firm or corporation or a trade association, registration shall also include the names of all principal officers. (2) A provider shall notify the Director of any change in the address, telephone number, email address or contact person of the provider within 30 days after any such change takes effect. (3) Subject to revocation of registration under OAR 836-071-0245, a provider registration expires on the second January 1 following the date of registration. (4) A provider is subject to rejection of registration by the Director if the provider fails to meet any requirement of OAR 836-071-0215 to 836-071-0250 applicable to the provider or to courses offered by the provider, or if any of its employees or contractors who supervise or conduct and certify completion of a course: (a) Has a history of noncompliance with insurance statutes or rules; or (b) Has had an insurance producer license or other insurance license revoked, suspended or refused because of violations of or noncompliance with insurance statutes or rules. Statutory/Other Authority: ORS 731.244 & 744.119 Statutes/Other Implemented: ORS 744.119 History: ID 18-2012, f. & cert. ef. 11-7-12 ID 12-2012(Temp), f. 6-19-12, cert. ef. 8-1-12 thru 1-25-13 ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 3-1997, f. 4-7-97, cert. ef. 6-1-97 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0242 Provider Trade Practices (1) A registered provider shall not engage in false, misleading or deceptive advertising. (2) A registered provider must disclose in writing the charges for a course to each insurance producer applying to take the course, prior to enrollment of the insurance producer. (3) If a registered provider cancels a course for any reason, the provider must refund all charges in full unless the refund policy is clearly described in the enrollment application for the course. (4) A registered provider shall ensure that each registered course and each course for which registration is sought provides students with current and accurate information. (5) A registered provider shall include a statement in all material published by the provider to advertise or promote insurance license continuing education that the provider and courses are registered with the Division of Financial Regulation and that registration does not imply endorsement by the Division of Financial Regulation. (6) A registered provider may not advertise continuing education hours until the course has been approved by the division. If approval has been applied for, however, a registered provider may so advertise. Statutory/Other Authority: ORS 731.244 & ORS 744.072 Statutes/Other Implemented: ORS 744.072 History: ID 27-2024, minor correction filed 08/16/2024, effective 08/16/2024 ID 4-2007, f. 3-6-07, cert. ef. 1-1-08 ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 19-1998, f. & cert. ef. 12-2-98 ID 3-1997, f. 4-7-97, cert. ef. 6-1-97
836-071-0245 Revocation of Provider Registration (1) The Director may revoke the registration of a provider if a course does not meet the requirements of OAR 836-071-0225 and 836-071-0230 or if the provider violates 836-071-0242. (2) A provider whose registration has been revoked under this rule may apply to the Director for reinstatement of the registration not sooner than the 60th day after revocation. (3) The Director may reinstate a revoked registration if the Director determines, from proof furnished to the Director, that the conditions responsible for the revocation have been corrected. Statutory/Other Authority: ORS 731.244 & 744.119 Statutes/Other Implemented: ORS 744.119 History: ID 3-1997, f. 4-7-97, cert. ef. 6-1-97 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0247 Requirements for Granting Credit; Attendance Records (1) A registered provider shall provide the Director with the meeting times and places of a registered course not later than the tenth day before the date that the course is given. (2) A registered provider shall not give credit for a course unless the Director has approved the registration application for the course and the registered provider has given the Director notice of the meeting of the course as provided in section (1) of this rule. (3) A registered provider of lecture courses shall maintain an accurate record of each course offered, instructors and student attendance records for not less than three years after the date of completion of the course. (4) A provider of an independent study course shall maintain examination results and proctor affidavits for not less than three years after the date of course completion. (5) A provider of an independent study course shall notify all vendors of the provider's course materials when credit hours for the course have changed or when the course is discontinued. (6) A course that is registered in this state pursuant to OAR 836-071-0240(8) shall be allocated the times and credits determined pursuant to the Midwest Zone Continuing Education Reciprocity Agreement. Statutory/Other Authority: ORS 731.244, 744.119 & Sec. 12 & Enrolled SB 268 (2001) Statutes/Other Implemented: ORS 744.119 & Sec. 12 & Enrolled SB 268 (2001) History: ID 10-2001, f. & cert. ef. 9-11-01 ID 19-1998, f. & cert. ef. 12-2-98
836-071-0250 Credit for Unregistered Courses (1) An insurance producer may apply for credit as provided in this rule for a course that is not offered for academic credit and is not registered. In order to apply for credit, the insurance producer must submit to the Director an application on a form provided by the Director and substantiation of the course as provided in this rule. The application and substantiation must be submitted not later than the 180th day after the date of completion of the course. (2) If an unregistered course is on a subject permitted under OAR 836-071-0230, the insurance producer must substantiate to the Director's satisfaction that the course meets the requirements of OAR 836-071-0225 and 836-071-0230 and that the insurance producer attended and completed the course. To make the substantiation, the insurance producer must submit documentation of the course and proof of attendance provided by the provider concerning the course. The documentation may include, by way of example only, an outline of the course or course materials, workbooks or other materials issued by the provider that show the course work. The Director may request any other information as well, such as times allotted to the parts of the course. (3) If an unregistered course is not on a subject permitted under OAR 836-071-0230, the insurance producer must substantiate to the Director's satisfaction that the course meets the requirements of 836-071-0225, that the course contributes to the insurance producer's professional competence and will benefit the insurance-buying public and that the insurance producer attended and completed the course. To make the substantiation, the insurance producer must submit documentation provided by the provider concerning the course. The documentation may include, by way of example only, an outline of the course or course materials, workbooks or other materials issued by the provider that show the course work, or proof of passing the final examination for the course or a letter, certificate or other documentation of completion from the provider. The Director may request any other information as well, such as times allotted to the parts of the course. (4) The application and substantiation required under this rule are subject to review by the Director for the purpose of determining whether to certify the course for credit and evaluating and assigning credit hours. The Director may certify the course, or may reject it if the Director determines that the course does not meet applicable requirements. Statutory/Other Authority: ORS 731.244 & 744.072 Statutes/Other Implemented: ORS 744.072 History: ID 4-2007, f. 3-6-07, cert. ef. 1-1-08 ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 3-1997, f. 4-7-97, cert. ef. 6-1-97 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0269 Purpose and Authority (1) OAR 836-071-0269 to 836-071-0277 regulate the charging of service fees by insurance producers. (2) ORS 737.025 states, in part, that the purpose of Insurance Code Chapter 737 (Rates and Rating Organization) is "to promote the public welfare by regulating insurance rates to the end they shall not be excessive, inadequate, or unfairly discriminatory." ORS 737.205 requires every insurer to file its rates with the Director of the Department of Consumer and Business Services. ORS 746.015 prohibits unfair discrimination "between risks of essentially the same hazard in the application of rates for insurance policies or in any other terms or conditions thereof." The Director finds that, with respect to personal lines of insurance, it is reasonable and customary for the public to consider all of the charges made by the insurer or its insurance producer to be either an insurance premium charge or a premium financing charge. (3) OAR 836-071-0269 to 836-071-0277 are issued under the general rulemaking authority of ORS 731.244: (a) With respect to personal lines insurance coverages to give effect to the rate regulatory provisions of ORS Chapter 737 and the anti-discrimination provisions of ORS 746.015; and (b) With respect to commercial lines insurance coverage to give effect to the provisions of ORS 746.015 (Discriminations), 746.405 to 746.530 (Premium Financing) and 742.009 (relating to necessary information for insureds). Formerly: OAR 836-030-0050 Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 737.205, 742.009, 746.015 & 746.405 - 746.525 History: Renumbered from 836-030-0050, ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 15-1996, f. & cert. ef. 11-12-96 Reverted to IC 58, f. 8-9-74, ef. 9-11-74 IC 9-1983(Temp), f. 11-10-83, ef. 11-15-83 IC 58, f. 8-9-74, ef. 9-11-74