reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.074 - "Commercial liability insurance."

(1) "Commercial liability insurance" means insurance for a business, professional, nonprofit or governmental entity against legal, contractual or assumed liability for death, injury or disability of any human, or for damage to property, arising out of acts or omissions in the course of the conduct of the entity.
(2) "Commercial liability insurance" does not include the following lines of insurance or classes of business:
(a) Marine and transportation insurance;
(b) Wet marine and transportation insurance;
(c) FAIR plans and automobile assigned risk insurance;
(d) Workers’ compensation and employers’ liability insurance;
(e) Nuclear liability insurance;
(f) Fidelity and surety insurance;
(g) Hazardous waste and environmental impairment insurance;
(h) Aviation insurance; or
(i) Commercial automobile insurance.
(3) As used in this section, "commercial automobile" means a four wheel passenger or station wagon type of vehicle used as a public or private conveyance, including a motor vehicle of the utility, pickup, sedan delivery or panel truck type used for wholesale or retail delivery, and a farm truck. [1987 c.774 §32]
Note:
731.074 was added to and made a part of the Insurance Code but was not added to ORS chapter 731 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.075 - "Covered life."

"Covered life" means a subscriber, policyholder, certificate holder, spouse, dependent child or any other individual insured under an insurance policy or whose benefits are administered by a third party administrator licensed under ORS 744.702. [2009 c.595 §1194]
Note:
731.075 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 731 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.076 - "Department," "director."

(1) "Department" means the Department of Consumer and Business Services.
(2) "Director" means the Director of the Department of Consumer and Business Services. [1967 c.359 §16; 1987 c.373 §76; 1993 c.744 §28]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.082 - "Domestic," "foreign," "alien" insurer.

(1) "Domestic insurer" means an insurer formed under the laws of this state.
(2) "Foreign insurer" means an insurer formed under the laws of a state other than this state.
(3) "Alien insurer" means an insurer formed under the laws of any country other than the United States of America or a state thereof. [1967 c.359 §17]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.092 - "Domicile."

The "domicile" of an insurer means:
(1) As to insurers formed under the laws of Canada or any province thereof, the province in which the insurer’s head office is located.
(2) As to other alien insurers, as provided in ORS 731.096.
(3) As to all other insurers, the state under the laws of which the insurer was formed or, if the insurer has been redomesticated to another state, the state to which it has been redomesticated. [1967 c.359 §19; 1995 c.639 §13]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.096 - "Domicile of alien insurer."

(1) The domicile of an alien insurer, other than insurers formed under the laws of Canada or a province thereof, shall be that state designated by the insurer in writing filed with the Director of the Department of Consumer and Business Services at time of admission to this state or before January 1, 1962, whichever date is the later, and may be any one of the following states:
(a) The state in which the insurer was first authorized to transact insurance;
(b) The state in which is located the insurer’s principal place of business in the United States; or
(c) The state in which is held the largest deposit of assets of the insurer in trust for the protection of its policyholders and creditors in the United States.
(2) If the insurer makes no such designation its domicile shall be deemed to be that state in which is located its principal place of business in the United States. [Formerly 736.240]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.097 - "Essential health benefits."

"Essential health benefits" are the items and services prescribed by the Department of Consumer and Business Services by rule in accordance with federal law, including:
(1) Ambulatory patient services.
(2) Emergency services.
(3) Hospitalization.
(4) Maternity and newborn care.
(5) Mental health and substance use disorder services, including behavioral health treatment.
(6) Prescription drugs.
(7) Rehabilitative and habilitative services and devices.
(8) Laboratory services.
(9) Preventive and wellness services and chronic disease management.
(10) Pediatric services, including oral and vision care. [2013 c.681 §2]
Note:
731.097 and 731.098 were added to and made a part of 731.004 to 731.150 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.099 - "Independently procured insurance."

"Independently procured insurance" means insurance procured directly by an insured from a nonadmitted insurer as defined in ORS 735.405. [2011 c.660 §2]
Note:
731.099 was added to and made a part of ORS chapter 731 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.102 - "Insurance."

(1) "Insurance" means a contract whereby one undertakes to indemnify another or pay or allow a specified or ascertainable amount or benefit upon determinable risk contingencies.
(2) "Insurance" so defined includes annuities.
(3) "Insurance" so defined includes a contract under which one other than a manufacturer, builder, seller or lessor of the subject property undertakes to perform or provide, for a fixed term and consideration, repair or replacement service or indemnification therefor for the operational or structural failure of specified real or personal property or property components. Insurance does not include contracts with a telecommunications utility as defined in ORS 759.005, for repair, replacement or maintenance of customer-owned inside wiring.
(4) "Insurance" so defined does not include a contract under which an owner rents or leases an animal to a person or to a public body, as defined in ORS 174.109, if the owner retains an obligation to provide for veterinary care or other needs of the animal. [1967 c.359 §21; 1981 c.247 §1; 1985 c.633 §5; 1987 c.447 §111; 2017 c.677 §5]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.104 - "Insurance producer."

"Insurance producer" means a person required to be licensed under the laws of this state to sell, solicit or negotiate insurance. For purposes of this definition:
(1) "Negotiate" means to confer directly with or to offer advice directly to a purchaser or prospective purchaser of a particular policy of insurance concerning any of the substantive benefits, terms or conditions of the policy, if the person engaged in that act:
(a) Sells insurance; or
(b) Obtains insurance from insurers for purchasers.
(2) "Sell" means to exchange a policy of insurance by any means, for money or its equivalent, on behalf of an insurer.
(3) "Solicit" means to attempt to sell a policy of insurance or to ask or urge a person to apply for a particular kind of insurance from a particular insurer. [Formerly 731.062]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.114 - "Limited benefit coverage."

"Limited benefit coverage" means:
(1) Health insurance that provides:
(a) Coverage for accident only, specific disease or condition only, credit or disability income;
(b) Dental only coverage; or
(c) Vision only coverage; and
(2) Independent, noncoordinated, hospital-only indemnity insurance or other fixed indemnity insurance. [2016 c.11 §2]
Note:
731.114 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 731 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.116 - "Person."

"Person" means an individual or a business entity. For the purpose of this definition, "business entity" means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity. [1967 c.359 §24; 1983 c.327 §12; 2001 c.191 §21]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.126 - "Reinsurance."

"Reinsurance" means a contract under which an originating insurer, called the "ceding" insurer, procures insurance for itself in another insurer, called the "assuming" insurer or the "reinsurer," with respect to part or all of an insurance risk of the originating insurer. [1967 c.359 §26]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.136 - "State."

When used in context signifying a jurisdiction other than the State of Oregon, "state" means any state, district, territory, commonwealth or possession of the United States of America. [1967 c.359 §28; 2001 c.191 §22]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.142 - "Stock," "mutual" and "reciprocal" insurer.

(1) "Stock insurer" means an incorporated insurer whose capital is divided into shares and owned by its stockholders.
(2) "Mutual insurer" means an incorporated insurer without capital stock and the governing body of which is elected by its policyholders. This definition does not exclude as a "mutual insurer" a foreign insurer found by the Director of the Department of Consumer and Business Services to be organized on the mutual plan under the laws of its domicile, but having temporary share capital or providing for election of the insurer’s governing body on a reasonable basis by policyholders and others.
(3) "Reciprocal insurer" means an unincorporated aggregation of persons known as "subscribers," operating individually and collectively through an attorney in fact common to all such persons, interexchanging among themselves reciprocal agreements of indemnity. [1967 c.359 §29]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.144 - "Surplus lines insurance."

"Surplus lines insurance" means any insurance on an Oregon home state risk, permitted to be placed through a surplus lines licensee with a nonadmitted insurer eligible to accept such insurance, other than reinsurance, wet marine and transportation insurance, independently procured insurance, life insurance and health insurance and annuities. For purposes of this section, "home state" has the meaning given that term in ORS 735.405. [1987 c.774 §113; 1991 c.810 §24; 2011 c.660 §20]
Note:
731.144 was added to and made a part of ORS chapter 731 but was not added to any smaller series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.150 - Definitions of classes of insurance not mutually exclusive.

It is intended that certain insurance coverages may come within the definitions of two or more classes of insurance as defined in the Insurance Code, and the inclusion of such coverage within one definition shall not exclude it as to any other class of insurance within the definition of which such coverage is likewise reasonably includable. [1967 c.359 §32]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.154 - "Annuity."

(1) "Annuity" or "annuity policy" means any agreement to make periodic payments, whether fixed or variable in amount, where the making of all or some of such payments, or the amount of any such payment, is dependent upon the continuance of human life, except payments made pursuant to the settlement provisions of a life insurance policy, and includes additional benefits operating to safeguard the policy from lapse or to provide a special surrender value or special benefit or annuity in the event of total and permanent disability of the annuitant.
(2) "Annuity" does not include a charitable remainder annuity trust or a charitable remainder unitrust as defined in section 664(d) of the Internal Revenue Code. [1967 c.359 §33; 1993 c.377 §1]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.156 - "Variable life insurance"; "variable annuity."

"Variable life insurance" and "variable annuity" mean forms of life insurance or annuity benefits, respectively, that vary according to the investment experience of a separate account or accounts maintained by the insurer with respect to policies providing such benefits or are securities under the Securities Act of 1933, 15 U.S.C. 77a et seq., as in effect on January 1, 2024, that vary according to the performance of a benchmark index, rate or fund if the principal or minimum rate of interest is not guaranteed and might be subject to a market value adjustment. For convenience, reference to "variable life insurance" in the Insurance Code includes variable life insurance and variable annuities as defined in this section, except if the inclusion of variable annuities obviously is inapplicable or if the context requires, or the Insurance Code provides, otherwise. [1973 c.435 §2; 2023 c.143 §3]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.158 - "Casualty insurance."

"Casualty insurance" means:
(1) Insurance against legal, contractual or assumed liability for death, injury or disability of any human, or for damage to property; and provision for medical, hospital, surgical and disability benefits to injured persons including insurance against the risk of economic loss assumed under a less than fully insured employee health benefit plan and funeral and death benefits to dependents, beneficiaries or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as coverage for personal injury protection benefits under a motor vehicle liability policy or as an incidental coverage with or supplemental to liability insurance;
(2) Motor vehicle physical damage, burglary and theft, glass, boiler and machinery, credit and livestock insurance;
(3) Insurance of the obligations accepted by, imposed upon or assumed by employers under law for death, disablement or occupational diseases of employees;
(4) Insurance which undertakes to perform or provide repair or replacement service or indemnification therefor for the operational or structural failure of specified real or personal property or property components; and
(5) Insurance against any other kind of loss, damage or liability properly a subject of insurance and not within any other class of insurance otherwise defined, if such insurance is not disapproved by the Director of the Department of Consumer and Business Services as being contrary to law or public policy. [1967 c.359 §34; 1981 c.247 §2; 1993 c.649 §5; 2007 c.241 §22]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.162 - "Health insurance."

"Health insurance" means insurance of humans against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness or childbirth, or against expense incurred in prevention of sickness, in dental care or optometrical service, and every insurance appertaining thereto, including insurance against the risk of economic loss assumed under a less than fully insured employee health benefit plan. "Health insurance" does not include workers’ compensation coverages. [1967 c.359 §35; 1993 c.649 §6]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.164 - "Home protection insurance," "home protection insurer."

(1)(a) "Home protection insurance" means that part of casualty insurance that includes only insurance which undertakes to perform or provide repair or replacement service or indemnification therefor for the operational or structural failure of the insured home, components of the home or personal property relating to the home or its components, and does not include protection against consequential damage from the operational or structural failure.
(b)(A) "Home protection insurance" does not include a home service agreement.
(B) As used in this paragraph, "home service agreement" means a contract or agreement for a specific limited duration to:
(i) Service, repair or replace in an existing home the mechanical or appliance system or the components that break down due to normal wear and tear or inherent defects; or
(ii) Provide incidental service, repair or replacement to cover leaks and failures in roofing systems.
(c) As used in this subsection, "home" means a single living unit or multiple living units, including manufactured dwellings, used primarily as residences.
(2) "Home protection insurer" means an insurer under policies of home protection insurance, other than an insurer transacting other forms of casualty insurance or any form of reinsurance. [1981 c.247 §4; 2003 c.283 §1]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.166 - "Industrial life insurance."

"Industrial life insurance" means that form of life insurance written under policies of face amount of $2,500 or less, under which premiums are payable monthly or more often and the policy specifies it is an industrial life insurance policy. [1967 c.359 §36]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.170 - "Life insurance"; includes annuities.

(1) "Life insurance" means insurance on human lives and every insurance appertaining thereto and includes the granting of endowment benefits, additional benefits in event of death or dismemberment by accident or accidental means, additional benefits in event of the insured’s or premium payer’s disability and optional modes of settlement of proceeds of life insurance including annuity benefits payable under such a settlement provision. "Life insurance" does not include workers’ compensation coverages.
(2) For convenience, reference to "life insurance" in the Insurance Code includes life insurance as defined in subsection (1) of this section and annuities as defined in ORS 731.154, except if the inclusion of annuities obviously is inapplicable or if the context requires, or the Insurance Code provides, otherwise. [1967 c.359 §37]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.174 - "Marine and transportation insurance."

"Marine and transportation insurance" includes:
(1) Insurance against any and all kinds of loss of or damage to:
(a) Vessels, craft, aircraft, cars, automobiles and vehicles of every kind, as well as all goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests and all other kinds of property and interests therein, in respect to, appertaining to or in connection with any and all risks or perils of navigation, transit or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builders’ risks, and all personal property floater risks including bailees’ customers risks;
(b) Person or to property in connection with or appertaining to a marine, inland marine, transit or transportation insurance, including liability for loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance or use of the subject matter of such insurance (but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance or use of automobiles);
(c) Precious stones, jewels, jewelry, gold, silver and other precious metals, whether used in business or trade or otherwise and whether the same is in course of transportation or otherwise; and
(d) Bridges, tunnels and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage) unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion, or any of them, are the only hazards to be covered; piers, wharves, docks, and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion or any of them; other aids to navigation and transportation, including dry docks and marine railways, against all risks.
(2) Marine protection and indemnity insurance meaning insurance against, or against legal liability of the insured for, loss, damage or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair or construction of any vessel, craft or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness or death or for loss of or damage to the property of another person. [Formerly 745.005]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.178 - "Mortgage insurance."

"Mortgage insurance" means insurance against financial loss by reason of:
(1) Nonpayment of principal, interest and other sums agreed to be paid under the terms of an obligation secured by a mortgage, deed of trust or other instrument constituting a lien or charge on real or personal property; or
(2) Nonpayment of rent and other sums agreed to be paid under the terms of a written lease for the possession, use or occupancy of real property, such insurance also being referred to in the Insurance Code as "lease insurance." [1967 c.359 §39; 1969 c.692 §1]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.182 - "Property insurance."

"Property insurance" means insurance on real or personal property of every kind and of every interest therein, whether on land, water or in the air, against loss or damage from any and all hazard or cause, and against consequential loss from such loss or damage, other than noncontractual legal liability for loss or damage. "Property insurance" does not include title insurance. [1967 c.359 §40]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.186 - "Surety insurance."

"Surety insurance" means insurance guaranteeing the fidelity of persons holding places of trust, the performance of duties, contracts, bonds and undertakings, including the signing thereof as surety, and insuring the performance of obligations of employers under workers’ compensation laws by surety bond. [1967 c.359 §41]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.190 - "Title insurance."

"Title insurance" means insurance of owners of property or others having an interest therein or liens or encumbrances thereon, against loss by encumbrance, defective titles, invalidity or adverse claim to title. [1967 c.359 §42]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.194 - "Wet marine and transportation insurance."

"Wet marine and transportation insurance" is that part of marine and transportation insurance that includes only:
(1) Insurance upon vessels, crafts, hulls and of interests therein or with relation thereto;
(2) Insurance of marine builder’s risks, marine war risks and contracts referred to in ORS 731.174 (2) or any replacement thereof;
(3) Insurance of freights and disbursements pertaining to a subject of insurance coming within this section;
(4) Insurance of personal property and interests therein, in course of exportation from or importation into any country, and in course of transportation coastwise or on inland waters, including transportation by land, water, or air from point of origin to final destination, in respect to, appertaining to or in connection with, any and all risks or perils of navigation, transit or transportation, and while being prepared for and while awaiting shipment, and during any delays, storage, transshipment or reshipment incident thereto;
(5) Insurance on operations of railroads engaged in transportation in interstate commerce and their property used in such operations; and
(6) Insurance of aircraft operated in scheduled interstate flight, or cargo of such aircraft, or against this liability other than workers’ compensation and employers’ liability arising out of the ownership, maintenance or use of such aircraft. [1967 c.359 §43; 1987 c.774 §114]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.216 - Administrative power of director.

The Director of the Department of Consumer and Business Services shall have the power to:
(1) Contract for and procure, on a fee or part-time basis, or both, such actuarial, technical or other professional services as may be required for the discharge of duties.
(2) Obtain such other services as the director considers necessary or desirable, including participation in organizations of state insurance supervisory officials and appointment of advisory committees. A member of an advisory committee so appointed shall receive no compensation for services as a member, but, subject to any other applicable law regulating travel and other expenses of state officers, shall receive actual and necessary travel and other expenses incurred in the performance of official duties.
(3) Establish within the Department of Consumer and Business Services a workers’ compensation rating bureau to provide rating information that is based upon and relevant to activities conducted in this state, to enable the director to carry out the provisions of ORS chapter 737. In lieu of creating a rating bureau within the department, the director may contract with any rating organization in other states if the director finds that such a contract would provide the information required by this section. [Formerly 736.503; 1987 c.373 §77; 1987 c.884 §50; 2003 c.14 §445]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.228 - Prohibited interests and rewards.

(1) No officer or employee of the Department of Consumer and Business Services delegated responsibilities in the enforcement of the Insurance Code shall:
(a) Be a director, officer, or employee of or be financially interested in any person regulated by the department or office of the department that is delegated responsibility in the enforcement of the Insurance Code, except as a policyholder or claimant under an insurance policy or by reason of rights vested in commissions, fees, or retirement benefits related to services performed prior to affiliation with the department; or
(b) Be engaged in any other business or occupation interfering with or inconsistent with the duties of the office or employment.
(2) No person shall directly or indirectly give or pay, or offer to give or pay, to the Director of the Department of Consumer and Business Services, or any officer or employee of the department, and the director or such officer or employee shall not directly or indirectly solicit, receive or accept any fee, compensation, loan, gift or other thing of value in addition to the compensation and expense allowance provided by law, for:
(a) Any service rendered or to be rendered as such director, officer or employee, or in connection therewith;
(b) Services rendered or to be rendered in relation to legislation;
(c) Extra services rendered or to be rendered; or
(d) Any cause whatsoever related to any person regulated by the department or office of the department that is delegated responsibility in the enforcement of the Insurance Code.
(3) This section does not permit any conduct, affiliation or interest that is otherwise prohibited by public policy. [1967 c.359 §50; 1987 c.373 §78]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.232 - Subpoena power.

(1) For the purpose of an investigation or proceeding under the Insurance Code, the Director of the Department of Consumer and Business Services may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records which the director considers relevant or material to the inquiry. Each witness who appears before the director under a subpoena shall receive the fees and mileage provided for witnesses in ORS 44.415 (2).
(2) If a person fails to comply with a subpoena so issued or a party or witness refuses to testify on any matters, the judge of the circuit court for any county, on the application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1967 c.359 §51; 1989 c.980 §22]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.236 - General powers and duties.

(1) The Director of the Department of Consumer and Business Services shall enforce the provisions of the Insurance Code for the public good, and shall execute the duties imposed by the code.
(2) The director has the powers and authority expressly conferred by or reasonably implied from the provisions of the Insurance Code.
(3) The director may conduct such examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized, as the director considers proper to determine whether any person has violated any provision of the Insurance Code or to secure information useful in the lawful administration of any such provision. The cost of such additional examinations and investigations shall be borne by the state.
(4) The director has such additional powers and duties as may be provided by other laws of this state. [1967 c.359 §52]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.240 - Hearings in general.

(1) The Director of the Department of Consumer and Business Services shall hold a hearing upon written demand for a hearing by a person aggrieved by any act, threatened act or failure of the director to act. The demand must state the grounds therefor.
(2) To the extent applicable and not inconsistent with subsection (1) of this section, the provisions of ORS chapter 183 shall govern the hearing procedure and any judicial review thereof. [1967 c.359 §53; 1991 c.401 §1]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.244 - Rules.

In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services may make reasonable rules necessary for or as an aid to the effectuation of the Insurance Code. No such rule shall extend, modify or conflict with the Insurance Code or the reasonable implications thereof. [1967 c.359 §54]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.248 - Orders.

(1) Orders of the Director of the Department of Consumer and Business Services shall be effective only when in writing and signed by the director or by the authority of the director. Orders shall be filed in the Department of Consumer and Business Services.
(2) Every such order shall state:
(a) Its effective date;
(b) Its intent or purpose;
(c) The grounds on which based; and
(d) The provisions of the Insurance Code pursuant to which action is taken or proposed to be taken.
(3) Except as may be provided in the Insurance Code respecting particular procedures, an order or notice may be given by delivery to the person to be ordered or notified or by mailing it by certified or registered mail, return receipt requested, postage prepaid, addressed to the person at the residence or principal place of business of the person as last of record in the department. Notice so mailed shall be deemed to have been given when deposited in a letter depository of a United States post office. [1967 c.359 §55]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.252 - Cease and desist orders.

(1) Whenever the Director of the Department of Consumer and Business Services has reason to believe that any person has been engaged or is engaging or is about to engage in any violation of the Insurance Code, the director may issue an order, directed to such person, to discontinue or desist from such violation or threatened violation. The copy of the order forwarded to the person involved shall set forth a statement of the specific charges and the fact that the person may request a hearing within 20 days of the date of mailing. Where a hearing is requested, the director shall set a date for the hearing to be held within 30 days after receipt of the request, and shall give the person involved written notice of the hearing date at least seven days prior thereto. The person requesting the hearing must establish to the satisfaction of the director that such order should not be complied with. The order shall become final 20 days after the date of mailing unless within such 20-day period the person to whom it is directed files with the director a written request for a hearing. To the extent applicable and not inconsistent with the foregoing, the provisions of ORS chapter 183 shall govern the hearing procedure and any judicial review thereof. Where the hearing has been requested, the director’s order shall become final at such time as the right to further hearing or review has expired or been exhausted.
(2) No order of the director under this section or order of a court to enforce the same shall in any way relieve or absolve any person affected by such order from any liability under any other laws of this state.
(3) The powers vested in the director pursuant to this section are supplementary and not in lieu of any other powers to suspend or revoke certificates of authority or licenses or to enforce any penalties, fines or forfeitures, authorized by law with respect to any violation for which an order of discontinuance has been issued. [Formerly 736.835]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.256 - Enforcement generally; restitution.

(1) The Director of the Department of Consumer and Business Services may institute actions or other lawful proceedings that the director deems necessary to enforce a provision of the Insurance Code or any order or action the director makes or takes in pursuance of law.
(2) As part of or in addition to any action or proceeding the director institutes against an insurer under subsection (1) of this section, the director may:
(a) Seek restitution on a consumer’s behalf for actual damages the consumer suffers as a result of the insurer’s violation of a provision of the Insurance Code or applicable federal law or the insurer’s breach of an insurance contract or policy the insurer has with the consumer; and
(b) Seek other equitable relief the director deems appropriate under the circumstances.
(3) If the director has reason to believe that a person has violated a provision of the Insurance Code or another law that applies to insurance operations, and if the violation is subject to criminal prosecution and in the opinion of the director criminal prosecution is warranted, the director shall give the information about the violation to the Attorney General or district attorney that has jurisdiction over the violation. The Attorney General or district attorney promptly shall institute an action or a proceeding against the person as the information requires or justifies.
(4) An action or proceeding that the director institutes under subsection (1) of this section is an exercise of the director’s regulatory authority and, except as otherwise provided in subsection (3) of this section, does not create a cause of action for any other person. [1967 c.359 §57; 2013 c.618 §1]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.259 - Requirement for written notice to insured; rules.

(1) The Department of Consumer and Business Services may require an insurer to provide a written notice to an insured to fully effectuate any law the department is responsible for enforcing, including, but not limited to, laws regarding:
(a) Enrollment periods.
(b) The termination of coverage.
(c) The availability of coverage outside of an open enrollment period.
(d) The rights of insureds.
(2) The department may prescribe by rule the form, manner and contents of any required notices. Any requirements must be designed to minimize the administrative burden on insurers, including by allowing notices to be combined into one notice, as appropriate. [2013 c.681 §5]
Note:
731.259 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 731 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.260 - False or misleading filings.

No person shall file or cause to be filed with the Director of the Department of Consumer and Business Services any article, certificate, report, statement, application or any other information required or permitted to be so filed under the Insurance Code and known to such person to be false or misleading in any material respect. [Formerly 736.650]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.264 - Complaints and investigations confidential; permitted disclosures; rules.

(1) A complaint made to the Director of the Department of Consumer and Business Services against any person regulated by the Insurance Code, and the record of the complaint, is confidential and may not be disclosed except as provided in ORS 705.137. The complaint, and the record of the complaint, may not be used in any action, suit or proceeding except to the extent the director considers necessary in prosecuting apparent violations of the Insurance Code or other law.
(2) Data gathered pursuant to an investigation by the director of a complaint is confidential, may not be disclosed except as provided in ORS 705.137 and may not be used in any action, suit or proceeding except to the extent the director considers necessary in investigating or prosecuting apparent violations of the Insurance Code or other law.
(3) Notwithstanding subsections (1) and (2) of this section, the director shall establish by rule a method for publishing an annual statistical report containing the insurer’s name and the number, percentage, type and disposition of complaints the Department of Consumer and Business Services receives against each insurer that transacts insurance within this state. [1967 c.359 §59; 1971 c.231 §11; 1987 c.481 §1; 1987 c.774 §149; 2001 c.377 §4; 2016 c.62 §§1,2]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.268 - Use of reproductions and certified copies as evidence; fee.

(1) Photographs or microphotographs in the form of film or prints of documents and records made by the Director of the Department of Consumer and Business Services for the files of the director shall have the same force and effect as the originals thereof, and duly certified or authenticated reproductions of such photographs or microphotographs shall be as admissible in evidence as are the originals.
(2) Upon request of any person and payment of the applicable fee, the director shall furnish a certified copy of any record in the office of the director which is then subject to public inspection.
(3) Copies of original records or documents in the office of the director certified by the director shall have the same force and effect and be received in evidence in all courts equally and in like manner as if they were originals. [1967 c.359 §60]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.272 - Director’s annual reports; notice of publication of report.

(1) The Director of the Department of Consumer and Business Services shall prepare annually, as soon after March 1 as is consistent with full and accurate preparation, a report of the official transactions of the director under the Insurance Code. The report shall include:
(a) In condensed form statements made to the director by every insurer authorized to do business in this state.
(b) A statement of all insurers authorized to do business in this state as of the date of the report.
(c) A list of insurers whose business in this state was terminated and the reason for the termination. If the termination was a result of liquidation or delinquency proceedings brought against the insurer in this or any other state, the report shall include the amount of the insurer’s assets and liabilities so far as those amounts are known to the director.
(d) A statement of the operating expenses of the Department of Consumer and Business Services under the Insurance Code, including salaries, transportation, communication, printing, office supplies, fixed charges and miscellaneous expenses.
(e) A detailed statement of the moneys, fees and taxes received by the department under the Insurance Code and from what source.
(f) Any other pertinent information and matters as the director considers to be in the public interest.
(2) The director shall give notice of the publication of the report to:
(a) The office of the Speaker of the House of Representatives;
(b) The office of the President of the Senate; and
(c) The chair or cochairs of the Joint Committee on Ways and Means if the Legislative Assembly is in session or of the Emergency Board or the Joint Interim Committee on Ways and Means if during the interim. [Formerly 736.520; 1987 c.373 §79; 2005 c.185 §8; 2012 c.107 §18]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.276 - Recommendations for changes in Insurance Code.

The Director of the Department of Consumer and Business Services shall continuously review the Insurance Code and shall work with the Director of the Oregon Health Authority to review the health insurance provisions of the Insurance Code and may, from time to time, make recommendations for changes therein. [1967 c.359 §62; 2009 c.595 §1117]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.280 - Publications authorized.

The Director of the Department of Consumer and Business Services shall publish:
(1) Pamphlet or booklet copies of the insurance laws of this state;
(2) The director’s annual report;
(3) Such copies of results of investigations or examinations of insurers for public distribution as the director considers to be in the public interest;
(4) Such compilations as the director considers advisable from time to time of the general orders of the director then in force; and
(5) Such other material as the director may compile and consider relevant and suitable for the effective administration of the Insurance Code. [1967 c.359 §63]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.282 - Authority to sell publications.

The Director of the Department of Consumer and Business Services may sell, at a price reasonably calculated to cover the costs of preparation, any of the copies, compilations or materials described in ORS 731.280. [1971 c.231 §2; 1982 s.s.1 c.17 §3]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.284 - Distribution of insurance laws.

Copies of the insurance laws in pamphlet form may be sold by the Director of the Department of Consumer and Business Services at a reasonable price. The director may distribute free of charge one copy of such pamphlet to each of the following:
(1) Authorized insurers and licensed rating organizations;
(2) Insurance departments of other states; and
(3) Public agencies. However, the director may distribute such quantities to public agencies as the director determines. [1967 c.359 §64; 2003 c.364 §65]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 731 - Administration and General Provisions › Section 731.288 - Recording complaints; director to consider complaints before issuing licenses.

The Department of Consumer and Business Services shall record each complaint the department receives, including the subsequent disposition of the complaint. The record of a complaint shall be maintained for a period of not less than seven years. The records of complaints shall be indexed whenever applicable both by the name of the insurer and by the name of the insurance producer involved. The Director of the Department of Consumer and Business Services shall consider such complaints before issuing or continuing any certificate of authority or license of an insurer or insurance producer named in such complaints. [Formerly 736.580; 2003 c.364 §66; 2003 c.802 §168]