justicedao/ipfs_state_laws huggingface dataset:
440-045-0020 Assessment Rate The assessment to be levied against insurers, self-insured employers and self-insured employer groups for Calendar Year 2026 shall be 9.8 percent of direct earned premium and the direct earned premium self-insured employers and self-insured employer groups would have paid had they been insured employers. Statutory/Other Authority: ORS 656.612, 656.726 & 705.135 Statutes/Other Implemented: ORS 656.612 & 656.614 History: DO 1-2025, amend filed 10/01/2025, effective 01/01/2026 DO 1-2024, amend filed 10/02/2024, effective 01/01/2025 DO 1-2023, amend filed 10/13/2023, effective 01/01/2024 DO 1-2022, amend filed 10/04/2022, effective 01/01/2023 DO 2-2021, amend filed 10/15/2021, effective 01/01/2022 DO 2-2020, amend filed 10/06/2020, effective 01/01/2021 DO 1-2019, amend filed 10/01/2019, effective 01/01/2020 DO 1-2018, amend filed 10/05/2018, effective 01/01/2019 DO 2-2017, amend filed 10/19/2017, effective 01/01/2018 DO 2-2016, f. 11-1-16, cert. ef. 1-1-17 DO 1-2015, f. 10-28-15, cert. ef. 1-1-16 DO 1-2014, f. 10-7-14, cert. ef. 1-1-15 DO 1-2013, f. 10-2-13, cert. ef. 1-1-14 DO 1-2012, f. 9-28-12, cert. ef. 1-1-13 DO 1-2011, f. 10-14-11, cert. ef. 1-1-12 DO 3-2010, f. 9-24-10, cert. ef. 1-1-11 DO 1-2009, f. 10-7-09 cert. ef. 1-1-10 DO 2-2008, f. 10-1-08, cert. ef. 1-1-09 DO 1-2007, f. 10-4-07, cert. ef. 1-1-08 DO 3-2006, f. 10-19-06, cert. ef. 1-1-07 DO 1-2005, f. 10-20-05, cert. ef. 1-1-06 DO 1-2004, f. 10-21-04 cert. ef. 1-1-05 DO 3-2003, f. 10-22-03, cert. ef. 1-1-04 DO 4-2002, f. 10-17-02 cert. ef. 1-1-03 DO 3-2001, f. 10-22-01, cert. ef. 1-1-02 DO 1-2000, f. 10-11-00, cert. ef. 1-1-01 DO 2-1999, f. 10-1-99, cert. ef. 1-1-00
440-045-0025 Adjustment Reserve Rate In addition to the assessments established in OAR 440-045-0020, self-insured employers for the Calendar Year 2026 shall be assessed an additional 0.1 percent to fund the Self-Insured Employer Adjustment Reserve. Public self-insured employer groups for the Calendar Year 2026 shall be assessed an additional 0.1 percent to fund the Self-Insured Employer Group Adjustment Reserve. Private self-insured employer groups for the Calendar Year 2026 shall be assessed an additional 0.5 percent to fund the Self-Insured Employer Group Adjustment Reserve. Statutory/Other Authority: ORS 656.612, 656.726 & 705.135 Statutes/Other Implemented: ORS 656.612 & 656.614 History: DO 1-2025, amend filed 10/01/2025, effective 01/01/2026 DO 2-2024, amend filed 10/02/2024, effective 01/01/2025 DO 2-2023, amend filed 10/13/2023, effective 01/01/2024 DO 2-2022, amend filed 10/05/2022, effective 01/01/2023 DO 2-2021, amend filed 10/15/2021, effective 01/01/2022 DO 2-2020, amend filed 10/06/2020, effective 01/01/2021 DO 1-2019, amend filed 10/01/2019, effective 01/01/2020 DO 1-2018, amend filed 10/05/2018, effective 01/01/2019 DO 3-2017, amend filed 10/19/2017, effective 01/01/2018 DO 2-2016, f. 11-1-16, cert. ef. 1-1-17 DO 1-2015, f. 10-28-15, cert. ef. 1-1-16 DO 1-2014, f. 10-7-14, cert. ef. 1-1-15 DO 1-2013, f. 10-2-13, cert. ef. 1-1-14 DO 1-2012, f. 9-28-12, cert. ef. 1-1-13 DO 1-2011, f. 10-14-11, cert. ef. 1-1-12 DO 3-2010, f. 9-24-10, cert. ef. 1-1-11 DO 1-2009, f. 10-7-09 cert. ef. 1-1-10 DO 2-2008, f. 10-1-08, cert. ef. 1-1-09 DO 1-2007, f. 10-4-07, cert. ef. 1-1-08 DO 3-2006, f. 10-19-06, cert. ef. 1-1-07 DO 1-2005, f. 10-20-05, cert. ef. 1-1-06 DO 1-2004, f. 10-21-04 cert. ef. 1-1-05 DO 3-2003, f. 10-22-03, cert. ef. 1-1-04 DO 4-2002, f. 10-17-02 cert. ef. 1-1-03 DO 3-2001, f. 10-22-01, cert. ef. 1-1-02 DO 1-2000, f. 10-11-00, cert. ef. 1-1-01 DO 2-1999, f. 10-1-99, cert. ef. 1-1-00
440-045-0030 Payment Manner and Intervals The manner and intervals for payments of the Workers' Compensation Premium Assessment is delegated to the Workers' Compensation Division. OAR 436 division 085 prescribe such manner and intervals. Statutory/Other Authority: ORS 705.135 & 656.612 Statutes/Other Implemented: ORS 656.612 & 656.614 History: DO 4-2002, f. 10-17-02 cert. ef. 1-1-03 DO 2-1999, f. 10-1-99, cert. ef. 1-1-00
440-100-0010 Appeal Period after Garnishment Challenge Denied The Department may, at its discretion, utilize garnishment proceedings in accordance with ORS Chapter 18 for the purpose of collecting unpaid debts. If a debtor challenges the garnishment and the department, upon review of the claim, determines such debtor is not entitled to an exemption, the debtor may request a contested case hearing before an administrative law judge of the Office of Administrative Hearings in accordance with 18.902. To be valid, the hearing request must be in writing and must be received by the department within 60 days of the date on the face of the Response to Challenge to Garnishment letter issued by the department. Statutory/Other Authority: ORS 705.135 Statutes/Other Implemented: ORS 18.902 History: DO 4-2003, f. 12-31-03, cert. ef. 1-1-04
441-001-0005 Model Rules of Procedure The Director adopts by reference, for all programs administered by the Division of Financial Regulation, the Attorney General’s Model Rules of Procedure as published in the Oregon Attorney General’s Administrative Law Manual dated January 1, 2006. Statutory/Other Authority: ORS 59.285, 59.900, 192.845, 645.205, 646.396, 650.050, 697.085, 697.632, 705.730, 706.790, 717.310, 723.102, 725.505, 725.625 & 726.260 Statutes/Other Implemented: ORS 183.341 History: FSR 3-2019, minor correction filed 07/03/2019, effective 07/03/2019 FCS 4-2006, f. & cert. ef. 5-17-06 FCS 2-2004, f. & cert. ef. 8-5-04 FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04
441-001-0010 Notice of Rulemaking (1) Except when acting in an emergency to adopt a temporary rule in accordance with ORS 183.335(5), before any proposed adoption, amendment, or repeal of an administrative rule in this chapter or in chapter 440, division 35, 200 or 300, the Director will give prior notice as required in ORS 183.335(1). (2) In addition to the notice described in section (1) of this rule, depending upon the subject matter of the proposal, notice may be given to licensed entities, organizations affiliated with regulated industries, publishers of industry publications, and the media. (3) Any person receiving notice of rulemaking under this rule may request notice be sent to that person electronically. Statutory/Other Authority: ORS 59.285, 59.900, 192.845, 645.205, 646.396, 650.050, 697.085, 697.632, 705.730, 706.790, 717.310, 723.102, 725.505, 725.625 & 726.260 Statutes/Other Implemented: ORS 183.335 History: FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04
441-001-0020 Mailing List (1) The following documents will be mailed to persons who request placement on the mailing list for the Division of Financial Regulation and pay an initial fee of $30 and a biennial renewal fee of $30 on or before January 1 of each odd-numbered year thereafter: (a) Proposals to adopt, amend, or repeal rules; (b) Adopted rules; (c) Legislation initiated by the Director (initial bill only); and (d) Enacted legislation affecting the statutes administered by the Director. (2) All persons who have not paid the renewal fee by the due date shall be removed from the mailing list. (3) The fee provisions of this rule shall not apply to: (a) Persons described in OAR 441-001-0010(2); (b) Governmental agencies; (c) Persons requesting placement on the mailing list who elect to receive documents electronically only; or (e) Persons who establish to the satisfaction of the Director that extreme financial hardship would result from the payment required by section (1) of this rule. Statutory/Other Authority: ORS 59.285, 59.900, 192.845, 645.205, 646.396, 650.050, 697.085, 697.632, 705.730, 706.790, 717.310, 723.102, 725.505, 725.625 & 726.260 Statutes/Other Implemented: ORS 183.335 History: FSR 4-2019, minor correction filed 07/03/2019, effective 07/03/2019 FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04
441-001-0030 Contested Case Proceedings (1) Except for appeals to courts of appropriate jurisdiction from decisions of the Director under ORS 707.080, 707.150 or 707.180, a person shall be considered as timely requesting a contested case hearing for any program administered by the Division of Financial Regulation if the written request for hearing is received by the Director within the time specified in the notice or proposed order served on the person. The time specified in the notice or proposed order shall be as stated in the applicable program’s statutes or if none, in ORS Chapter 183. (2) A contested case notice, in addition to the notice requirements of ORS 183.415(2), may include a statement that the record of the proceeding to date including information in the division file automatically becomes part of the contested case record upon default for the purpose of proving a prima facie case. (3) No later than 60 days after the expiration of the time for requesting a hearing, a party may request a hearing by filing a request and an affidavit which: (a) Shows the failure to request a hearing was due to mistake, inadvertence, surprise, or excusable neglect; and (b) Sets forth a meritorious defense to the matters contained in the order. (4) If the Director allows the late request, the Director shall refer the matter to the Office of Administrative Hearings. This referral does not stay the order which became final on the default. If the late request is denied, the Director shall enter an order setting forth the reasons for such denial. Statutory/Other Authority: ORS 59.285, 59.900, 192.845, 645.205, 646.396, 650.050, 697.085, 697.632, 705.730, 706.790, 717.310, 723.102, 725.505, 725.625 & 726.260 Statutes/Other Implemented: ORS 59.295, 59.905, 97.948, 183.090, 183.430, 183.435, 192.845, 706.580, 707.080, 707.150, 707.180, 717.235, 717.265 & 725.235 History: FSR 5-2019, minor correction filed 07/03/2019, effective 07/03/2019 FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04
441-001-0040 Requests for Opinions and Interpretations (1) For the purpose of this rule, a “request for opinion or interpretation” is defined as an informal inquiry requesting confirmation of the existence of an exemption, or requesting interpretation or advice on the applicability of any law administered by the Division of Financial Regulation. (2) The intent of this rule is to formalize the opinion procedures so requests for opinions can be handled expeditiously. (3) All requests for opinions and interpretations must: (a) Be in writing, mailed or delivered to the Department of Consumer and Business Services, Division of Financial Regulation, 350 Winter Street N.E., Room 410, PO Box 14480, Salem, Oregon 97309-0405 or faxed to 503-947-7862; (b) Concisely state the question or show all operative facts including the reason why the opinion or interpretation is requested; and (c) Contain an analysis of the law applicable to the facts. (4) Responses to requests for opinion will be limited to: (a) Notice that the Director takes the position that further action is not required; (b) Notice that the Director takes the position that further action is required; (c) Notice that the Director declines to take a position; or (d) A modification of the foregoing where necessary for clarity. (5) Responses of the Director, which do not constitute a rule or order, and are not binding on any court or third party: (a) Will only be in writing and will be based upon representations made. (b) May be revised if additional facts or circumstances exist which warrant a change. (c) Will be declined where litigation is pending or is threatened. (d) Will be declined where the questions are asked after the fact. (e) Will be declined where significant additional research is required. (f) Are binding on the Director and the requester on the state of facts presented unless altered or set aside by a court. (6) Any party dissatisfied with an opinion or interpretation may petition the Director for a declaratory ruling pursuant to ORS 183.410. Statutory/Other Authority: ORS 59.285, 59.900, 192.845, 645.205, 646.396, 650.050, 697.085, 697.632, 705.730, 706.790, 717.310, 723.102, 725.505, 725.625 & 726.260 Statutes/Other Implemented: ORS 183.310 History: FSR 6-2019, minor correction filed 07/03/2019, effective 07/03/2019 FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04
441-001-0050 Refund of Monies Paid (1) This rule pursuant to ORS 293.445 provides for the refund of monies paid to the Department of Consumer and Business Services to which the Department has no legal interest, or in excess of the amount legally due when paid for any program administered by the Division of Financial Regulation. (2) Refunds exceeding $25 shall be made without a written request. If the refund owed is $25 or less, within 3 years of making the payment the person who paid the money or that person’s legal representative must make a written request for the refund. (3) Fees paid for an application that is subsequently withdrawn, abandoned, or denied shall not be refunded. Statutory/Other Authority: ORS 59.285, 59.900, 192.845, 645.205, 646.396, 650.050, 697.085, 697.632, 705.730, 706.790, 717.310, 723.102, 725.505, 725.625 & 726.260 Statutes/Other Implemented: ORS 293.445 History: FSR 7-2019, minor correction filed 07/03/2019, effective 07/03/2019 FCS 3-2003, f. 12-30-03 cert. ef. 1-1-04
441-005-0010 Application For Certificate Of Compliance (1) To apply for a certificate from the Director to indicate that use of a requested name or intended activity is in compliance with the Bank Act and ORS chapters 59, 645, 705, 717, 725 and 726, a company shall submit: (a) A letter request to the Director describing the company's business, (b) The names, dates of birth and home addresses of all executive officers, directors and principals of the company, or persons holding similar positions; and (c) Supporting documentation evidencing the company's organization as a financial institution, including but not limited to: (A) The company's business plan; (B) A copy of the charter or comparable documents from the jurisdiction where the company is organized, if applicable; and (C) The articles of incorporation or proposed articles of incorporation or similar documents of organization. (2) Within 10 business days from the receipt of the written request, the Director will review the request. Upon review, the Director will either issue a certificate to the Secretary of State and company authorizing the registration of the name for the company, request additional information from the company, or send a written denial of the request to the company. (3) If the Director requests additional information from the company, the company shall have 30 days to submit additional information. If the company fails to submit the additional information within 30 days, the Director may deny the request for certification. (4) If the Director denies a request for certification, the company shall have the right to request a hearing, which will be conducted pursuant to ORS Chapter 183. (5) In lieu of the requirements under section (1)(b) and (c) of this rule, state or federally chartered financial institutions may comply with section (1)(a) and supporting documentation required under section (1)(c)(B) unless the Director determines after receiving this documentation that full compliance with section (1)(a) through (c) is required. Statutory/Other Authority: ORS 705.635 Statutes/Other Implemented: ORS 705.635 History: FCS 9-2009, f. 9-15-09, cert. ef. 9-25-09 Renumbered from 440-200-0020, FCS 3-2004, f. & cert. ef. 9-30-04 DO 5-2001, f. 12-24-01, cert. ef. 1-1-02
441-011-0010 Definitions (1) The words and phrases used in divisions 011 through 325 have the meaning given them in ORS 183.310. (2) “Director” means the director of the Department of Consumer and Business Services. (3) “Department” means the Department of Consumer and Business Services. (4) “Person” includes individuals, partnerships, corporations, associations, firms, and joint stock companies. Statutory/Other Authority: ORS 69.285 & 183 Statutes/Other Implemented: ORS 59.015 History: FCS 4-1990, f. & cert. ef. 8-21-90 CC 13-1986, f. & cert. ef. 7-8-86, Renumbered from 815-001-0010
441-011-0020 Waiver by the Director The Director may, either upon request or upon the Director’s motion, waive or modify the application of any particular rule to a particular person when, in the Director’s opinion just and reasonable cause exists for such action and the waiving or modifying of such rule would not be contrary to the provisions of the Oregon Securities Law, Oregon Commodities Law, Oregon Franchise Law or to the public interest. Statutory/Other Authority: ORS 59.285 Statutes/Other Implemented: ORS 59.285 History: Renumbered from 815-030-0210, FCS 4-1990, f. & cert. ef. 8-21-90 FCS 6-1988, f. 3-22-88, cert. ef. 3-25-88 FCS 7-1987(Temp), f. 9-24-87, cert. ef. 9-28-87 CC 12-1973, f. 7-12-73, cert. ef. 9-1-73, Renumbered from 815-030-0206
441-025-0005 Self-Executing Registration Exemptions (1)(a)The securities listed in ORS 59.025 are exempt from registration or notice filing requirements. Sales of securities listed in 59.025 may only be effected through licensed persons, unless a person is otherwise exempted by statute or rule. Except as provided in subsection (b) no filing or fee is required to utilize any registration exemption in 59.025. (b) A renewable energy cooperative corporation must file with the director the information required under OAR 441-025-0125 in order to rely upon the exemption provided in ORS 59.025(12). (2) Persons relying on exemptions from registration have the burden of proof, pursuant to ORS 59.275, in establishing the availability of an exemption. Statutory/Other Authority: ORS 59.285 Statutes/Other Implemented: ORS 59.025, 59.195 & 59.275 History: FSR 2-2017, f. 1-31-17, cert. ef. 2-1-17 FCS 7-2000, f. & cert. ef. 6-2-00
441-025-0020 Manual Exemption Securities maintaining the following ratings by publishers of securities manuals are approved for the purpose of the exemption from registration in subsection (5) of ORS 59.025: (1) Ratings of BBB or better for debt securities, and ratings of F-3 or better for commercial paper by Fitch Investors Service, Inc. (2) Ratings of Baa or better for debt securities and ratings of P-3 or better for commercial paper by Moody's Investors Service. Statutory/Other Authority: ORS 59.285 Statutes/Other Implemented: ORS 59.025 History: FSR 2-2017, f. 1-31-17, cert. ef. 2-1-17 FCS 9-2001, f. & cert. ef. 9-28-01 FCS 7-2000, f. & cert. ef. 6-2-00 FCS 4-1990, f. & cert. ef. 8-21-90, Renumbered from 815-030-0020 CC 1-1978, f. & cert. ef. 1-4-78, Renumbered from 815-030-0025 CC 13-1973, f. 9-19-73, cert. ef. 10-1-73
441-025-0030 Employee Benefit Plans The terms of an employee benefit plan are fair, just, and equitable for the purposes of ORS 59.025(13)(b) if it is a plan of an employee-owned enterprise. Statutory/Other Authority: ORS 59.285 Statutes/Other Implemented: ORS 59.025 History: FCS 7-2000, f. & cert. ef. 6-2-00 FCS 5-1988, f. 3-22-88, cert. ef. 3-25-88, Renumbered from 815-030-0021 FSC 3-1987(Temp), f. 9-24-87, cert. ef. 9-28-87
441-025-0040 Charitable Securities (1) A person may offer and sell Charitable Remainder Annuity Trusts, Charitable Remainder Unitrusts, and Pooled Income Funds and be exempt from the provisions of ORS 59.055 if: (a) The person is exempt from federal taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code; and (b) The Charitable Remainder Trusts and the Pooled Income Funds qualify under the requirements of Section 664 or Section 642 of the Internal Revenue Code and all other applicable provisions and regulations thereof. (2) The Director may by rule or order deny, condition, or withdraw this exemption if, in the Director’s opinion, the availability of this exemption to a person would work a fraud or imposition upon the purchaser. Statutory/Other Authority: ORS 59.285 Statutes/Other Implemented: ORS 59.025 History: FCS 4-1990, f. & cert. ef. 8-21-90 CC 25-1975, f. & cert. ef. 12-5-75, Renumbered from 815-030-0040
441-025-0050 Additional Exempt Employee Benefit Plans Pursuant to ORS 59.025(15), securities issued in connection with an employee benefit plan are exempt from registration if the plan: (1) Is subject to or voluntarily complies with Title I of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001-1191c; (2) Meets the requirements of Section 403(b) of the Internal Revenue Code, 26 U.S.C. § 403(b); or (3) Does not permit employee contributions. Statutory/Other Authority: ORS 59.285 Statutes/Other Implemented: ORS 59.025 History: FSR 2-2017, f. 1-31-17, cert. ef. 2-1-17 FCS 1-2012, f. & cert. ef. 7-9-12 FCS 7-2000, f. & cert. ef. 6-2-00 FCS 4-1990, f. & cert. ef. 8-21-90 FCS 5-1988, f. 3-22-88, cert. ef. 2-25-88 FCS 3-1987(Temp), f. 9-24-87, cert. ef. 9-28-87, Renumbered from 815-030-0025 CC 2-1978, f. 6-5-78, cert. ef. 6-10-78, Renumbered from 815-010-0010 CC 3-1969, f. 10-2-69, cert. ef. 10-25-69
441-025-0060 Memberships in a Non-profit Cooperative Pursuant to authority in ORS 59.025(15), the director exempts any certificate evidencing membership issued by a non-profit cooperative that meets all of the following criteria: (1) The issuing cooperative is formed pursuant to ORS 62.800 to 62.815; (2) The issuing cooperative owns or leases land in Oregon on which manufactured dwellings are or will be located; (3) Only a natural person who owns and occupies a manufactured dwelling that is located on land owned or leased by the issuing cooperative may be issued a membership certificate; (4) The issuing cooperative issues not more than one membership certificate for any space lease in the cooperative, regardless of the number of occupants in the manufactured dwelling located on the space. (5) The issuing cooperative sets the price of membership at a reasonable level, not to exceed $1,000; and (6) Each membership certificate includes a condition that requires the certificate must be returned to the cooperative in exchange for no more than the price originally paid by the purchasing individual upon termination of the individual’s membership in the cooperative. Statutory/Other Authority: ORS 59.285 Statutes/Other Implemented: ORS 59.025 History: FCS 1-2009, f. & cert. ef. 2-3-09
441-025-0120 Definitions For purposes of 441-025-0121 through 441-025-0124, the following definitions apply unless the context requires otherwise: (1) “Accredited investor” has the same meaning as that term is defined under OAR 441-035-0010. (2) “Capital stock” means a proportional part of a renewable energy cooperative corporation’s capital that may show a person’s respective interests in or entitlement to assets, reserves or dividends, if authorized by the articles of incorporation, but does not show a member’s right to vote in matters affecting the governance of the renewable energy cooperative corporation, unless authorized by applicable law. (3) “Project” includes conducting studies as to the feasibility of a potential facility, as well as the planning, design, construction and operation of a discrete facility to generate electricity from renewable energy sources. (4) “Renewable energy cooperative corporation” has the same meaning as that term is used in ORS 59.025. (5) “Membership share” includes membership certificates and membership stock as defined in ORS 62.015, but does not include capital stock. (6) “Well-defined community” means: (a) One or more adjacent precincts, districts, cities, counties or other boundaries defined by the state or a unit of local government or by a state or local government agency; or (b) Individuals with a common bond of occupation or association, including family members. (A) With the approval of the Director, a well-defined community based upon a common bond or association may include individuals residing or working in the city or county where the renewable energy facility will be located or where the cooperative is headquartered. (B) Approval for an enhanced community must be granted prior to any offer of membership or security interest to a member of the enhanced community. Statutory/Other Authority: ORS 59.025 & 2014 OL Ch. 69 §2 Statutes/Other Implemented: ORS 59.025 & 2014 OL Ch. 69 §1 History: FCS 6-2014, f. & cert. ef. 10-6-14