reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0250 - Credit for Unregistered Courses

Current through Register Vol. 63, No. 7, July 1, 2024
(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
			 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.
Stat. Auth.: ORS
				  731.244 &
				  744.072
Stats. Implemented: ORS
				  744.072
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0260 - Fees Charged by Insurance Producers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an insurance producer or any
			 affiliate of the insurance producer receives any compensation authorized under
			 ORS 735.455,
			 744.091 or
			 744.093 from a prospective
			 insured for transacting insurance, neither the insurance producer nor the
			 affiliate may accept or receive any compensation from an insurer or other third
			 party for the placement of insurance for the prospective insured unless the
			 insurance producer, prior to the prospective insured's purchase of insurance,
			 has:
(a) Obtained the prospective insured's
			 documented acknowledgment that the compensation will be received by the
			 insurance producer or affiliate;
(b) Disclosed the amount of compensation from
			 the insurer or other third party for the placement. If the amount of
			 compensation is not known at the time of disclosure, the insurance producer
			 shall disclose the specific method for calculating the compensation and, if
			 possible, a reasonable estimate of the amount; and
(c) Disclosed the nature of the work that the
			 insurance producer or affiliate will perform on behalf of the prospective
			 insured.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0263 - Fees Charged by Insurance Consultants or Insurance Producers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an
			 insurance consultant or an affiliate of an insurance consultant receives from a
			 prospective insured any compensation authorized under the Insurance Code or
			 rules adopted thereunder, neither the insurance consultant nor the affiliate
			 may accept or receive any compensation from an insurer or other third party for
			 services provided to the prospective insured in addition to the compensation
			 paid by the prospective insured unless the insurance consultant, prior to the
			 transaction:
(a) Has obtained the prospective
			 insured's documented acknowledgment that the compensation will be received by
			 the insurance consultant or affiliate; and
(b) Disclosed the amount of compensation from
			 the insurer or other third party for that placement. If the amount of
			 compensation is not known at the time of disclosure, the insurance consultant
			 shall disclose the specific method for calculating the compensation and, if
			 possible, a reasonable estimate of the amount.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0267 - Incidental Charges for Customer Services; Personal, Commercial Lines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 establishes incidental charges that an insurance producer may impose for
			 customer services in connection with the transaction of insurance. For the
			 purpose of this rule, personal lines insurance is property and casualty
			 insurance coverage sold to individuals and families for primarily noncommercial
			 purposes.
(2) An insurance producer
			 may impose an incidental charge established in this rule on a customer only if
			 the insurance producer has given written notice to the customer that the
			 insurance producer may impose incidental charges authorized by this rule. The
			 notice must disclose all incidental charges that the insurance producer may
			 impose and the service provided for each incidental charge. The insurance
			 producer must give the notice to a customer before providing any service for
			 which an incidental charge may be imposed, but not later than at the time of
			 application or the renewal before the insurance producer commences imposing the
			 incidental charges. The written notice requirement does not apply to the
			 binding or issuance of a policy. At the time an insurance producer charges an
			 incidental charge under this rule, the insurance producer must clearly disclose
			 to the customer the amount of the incidental charge and the service for which
			 the incidental charge is imposed.
(3) An insurance producer may impose an
			 incidental charge for rewriting or reinstating a policy that was cancelled by
			 the insurer because of an action or inaction of the customer, such as
			 nonpayment of premium or failure to renew according to policy terms, as
			 provided in this section. An insurance producer may not impose the incidental
			 charge for the first rewriting or reinstatement of the policy. The incidental
			 charges are as follows:
(a) A charge not to
			 exceed $25 for personal lines insurance.
(b) A charge not to exceed $100 for
			 commercial insurance.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0269 - Purpose and Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(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 746.015prohibits 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
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0272 - Scope of OAR 836-071-0269 to 836-071-0277; Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 836-071-0269  to 836-071-0277  do not
			 apply to the transaction of life insurance, mortgage insurance, or title
			 insurance.
(2) "Service fee" means
			 a charge made by an insurance producer with respect to an insurance transaction
			 to a party other than the insurer, which charge is not a part of the insurer's
			 rate filing under ORS Chapter 737. "Service fee" does not include finance or
			 service charges governed by
			 746.405 to
			 746.530 (Premium Financing).
			 Formerly: OAR 836-030-0055
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  737.205,
				  742.009,
				  746.015 &
				  746.405 -
				  746.525
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0274 - Service Fees Prohibited on Personal Lines

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided in OAR 836-071-0267, a service fee may not
				be charged with respect to the transaction of insurance covering an
				individual's person, property, or liability. Coverage of several individuals as
				members of the same family or household is considered individual coverage for
				the purpose of this rule. Formerly: OAR 836-030-0060
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  737.205,
				  742.009,
				  746.015,
				  746.405 -
				  746.525
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0277 - Service Fees Allowed on Commercial Lines; Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Service fees may be charged with respect
			 to the transaction of insurance that covers other than an individual's person,
			 property, or liability.
(2) Except
			 as authorized in ORS 744.091 and
			 744.093, a service fee may be
			 charged only in those instances where the insurance producer has provided
			 service additional to what is the usual and customary practice of insurance
			 producers under similar circumstances. The insurance producer must give a
			 written explanation of the charge and the reason for it to the person charged.
			 If OAR 836-071-0260  or 836-071-0263  applies to the transaction in which a
			 service fee is charged under this rule, the insurance producer may include the
			 written explanation with the disclosure required by 836-071-0260  or
			 836-071-0263  or provide the written explanation separately.
(3) A service fee may not be charged with
			 respect to arranging the financing of premium payments. This does not preclude
			 finance charges by insurance producers on their own accounts, or service
			 charges by premium finance companies, which conform to the provisions of ORS
			 746.405 to
			 746.530.
Stat. Auth.: ORS
				  731.244,
				  744.077 &
				  744.650
Stats. Implemented: ORS
				  737.205,
				  742.009,
				  746.015,
				  746.405 -
				  746.525
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0280 - Permitted and Prohibited Activities of Insurance Personnel Exempt from Insurance Producer License Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				744.056(2)
(a):
(1) An
			 unlicensed person whose activities are executive, administrative, managerial,
			 clerical or a combination of these and is employed by an insurance producer may
			 engage in any activity described in this section, subject to review by the
			 insurance producer or an insurance producer employed by the insurance producer
			 if review is required under this section, if the unlicensed person engages in
			 the activity under the supervision of the insurance producer and on the
			 premises of the insurance producer's business. The unlicensed person may:
(a) Disclose rates to the insurance-buying
			 public, but only if the rates are reviewed by the insurance producer prior to
			 submission to the insurer;
(b) Fill
			 out an application for insurance if the application is reviewed by the
			 insurance producer prior to submission to the insurer;
(c) Accept or receive an insurance
			 premium;
(d) Provide information to
			 current policyholders addressing existing policy terms;
(e) Take requests for changes on in-force
			 policies;
(f) Obtain information
			 needed from insureds;
(g) Receive
			 claim information directly from insureds and claimants;
(h) Engage in telephone marketing or making
			 appointments, but only to the extent that the person may obtain policy
			 expiration dates; and
(i) Transmit
			 insurance policies to insureds.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0285 - Insurance Producer Review of Applications

Current through Register Vol. 63, No. 7, July 1, 2024
An insurance producer who permits an unlicensed person to fill
				out an application for insurance as authorized under OAR
				836-071-0280 must indicate on the office copy of the application that the insurance producer
				reviewed the application, giving the date of the review.
Stat. Auth.: ORS 731 & 744
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0287 - Transaction of Group Life, Health Insurance by Insurance Producer without Appointment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subject to section (2) of this rule:
(a) An
			 insurance producer licensed to transact life or health insurance, or both such
			 classes, may solicit group insurance authorized under the license of the
			 insurance producer for an insurer with whom the insurance producer does not
			 hold an appointment; and
(b) The
			 insurer may issue proposals based on the solicitation by the insurance
			 producer.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0291 - Certificate of Deposit in Lieu of Trust Account

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				744.084, evidence of a
				certificate of deposit kept by an insurance producer is satisfactory:
(1) If the evidence is a written statement of
			 verification issued by the institution issuing the certificate to the insurance
			 producer; and
(2) If the statement
			 shows the date of renewal, if any, and verifies that the certificate is valid
			 as of the date of the request by the Director for verification of the
			 certificate. Formerly: OAR 386-071-0275
Stat. Auth.: ORS
				  731.244,
				  744.084
Stats. Implemented: ORS
				  744.084
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0295 - Transaction of Insurance by Individual Insurance Producer for Appointed Firm or Corporate Insurance Producer

Current through Register Vol. 63, No. 7, July 1, 2024
An individual insurance producer affiliated by employment or
				contract with a firm or corporate insurance producer that is appointed by an
				insurer may transact insurance for the insurer without an appointment from the
				insurer. An individual insurance producer may so transact insurance only with
				respect to the classes of insurance endorsed on the license of the individual
				insurance producer. For purposes of this rule, an individual insurance producer
				is affiliated with a firm or corporate insurance producer if the individual
				insurance producer under the contract is authorized to transact insurance in
				the name of the firm or corporate insurance producer.
Stat. Auth.: ORS 731 & 744
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0297 - Permitted Transaction of Insurance by Unappointed Insurance Producer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an
			 insurance producer does not hold an appointment with an insurer, the insurance
			 producer may transact casualty insurance, property insurance or both by placing
			 the insurance with the insurer through a firm or corporate insurance producer
			 appointed by the insurer and:
(a) The
			 appointed insurance producer has a contract with the unappointed insurance
			 producer that specifies the binding authority, if any, and fiduciary
			 responsibility of the unappointed insurance producer, including ownership and
			 payment of the premiums, but does not authorize the unappointed insurance
			 producer to act in the name of the appointed insurance producer; and
(b) The appointed insurance producer obtains
			 at least 90 percent of its premium under contractual agreement with unappointed
			 insurance producers that are not affiliated with the firm or corporate
			 insurance producer.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0300 - Requirement of Contract with or Employment of Licensee

Current through Register Vol. 63, No. 7, July 1, 2024
A firm or corporate adjuster or insurance consultant may engage
				in a category or class of insurance through an individual licensee as
				authorized under ORS 744.022 only if the firm or
				corporate licensee employs or has entered a contract with the individual
				licensee.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  744.022
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0310 - Referral Fee from Oregon Medical Insurance Pool

Current through Register Vol. 63, No. 7, July 1, 2024
An insurance producer authorized to transact health insurance
				in Oregon may receive a referral fee from the Oregon Medical Insurance Pool,
				established under ORS
				735.600 to
				735.650, for referring
				prospective insureds to the Pool, without being appointed as an insurance
				producer by the Pool or its administering insurer or otherwise being authorized
				to act as an agent of the Pool, its governing board or its administering
				insurer.
Stat. Auth.: ORS 731 & 744
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0315 - Managing General Agents; Dollar Amounts Governing Settlement Authority Procedures Under Contract with Insurer

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of the requirement of the written contract
				between a managing general agent and an insurer established under ORS
				744.306, if the contract permits
				the managing general agent to settle claims on behalf of the insurer:
(1) The amount established by the Director
			 for purposes of ORS 744.306(4)(b)(A)
			 is $10,000.
(2) The amount
			 established by the Director for purposes of ORS
			 744.306(4)(c)
			 is $10,000.
Stat. Auth.: ORS
				  731.244, ORS
				  744.300, ORS
				  744.306, ORS
				  744.313 & ORS
				  744.314
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0320 - Managing General Agents; Designation of Associations of Actuaries

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				744.313, the Director determines
				the following associations of actuaries to have established adequate
				professional standards for membership:
(1) The American Academy of
			 Actuaries.
(2) The Casualty
			 Actuarial Society.
(3) The Society
			 of Actuaries.
(4) The Canadian
			 Institute of Actuaries.
Stat. Auth.: ORS
				  731.244, ORS
				  744.300, ORS
				  744.306, ORS
				  744.313 & ORS
				  744.314
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0321 - Terms for OAR 836-071-0323 to 836-071-0346

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR 836-071-0323  to 836-071-0346:
(1) A felony offense involving dishonesty
			 includes but is not limited to any offense constituting or involving theft,
			 burglary, perjury, bribery, forgery, counterfeiting, a false or misleading oral
			 or written statement, deception, fraud, a scheme or artifice to deceive or
			 defraud, a material misrepresentation or the failure to disclose material
			 facts, or any felony the commission of which is determined by the Director to
			 have involved some element of deceit, misrepresentation, untruthfulness or
			 falsification.
(2) A breach of
			 trust includes but is not limited to any offense constituting or involving
			 misuse, misapplication or misappropriation of anything of value held as a
			 fiduciary, including but not limited to a trustee, administrator, executor,
			 conservator, receiver, guardian, agent, employee, partner, officer, director or
			 public servant, or anything of value of any public, private or charitable
			 organization.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  731.428,
				  744.013,
				  744.074
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0323 - License Applicants and Licensees with Prior Convictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 Director considers an application for a license that indicates the applicant
			 has been convicted of a crime or crimes described in ORS 744.113(1)(e) or
			 744.074(1)(f),
			 the Director shall determine whether the crime or any of the crimes is an
			 offense under  18 U.S.C. sec. 1033  or a felony offense involving dishonesty or
			 breach of trust that is subject to  18 U.S.C. sec. 1033.
(2) An applicant for a license who has been
			 convicted by final judgment of an offense under  18 U.S.C. sec. 1033  or of any
			 felony offense involving dishonesty or breach of trust does not qualify for the
			 license unless:
(a) The Director has reviewed
			 the entire application of the applicant and has determined that the applicant
			 qualifies for the license; and
(b)
			 The Director issues a written consent as provided in this rule.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0326 - Application by Person under OAR 836-071-0323

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person to whom OAR 836-071-0323  applies
			 must submit a consent application on a form provided by the Director.
(2) A person shall submit with the
			 application the following:
(a) A letter from
			 the president of the insurer, or designee of the president, for whom the person
			 acts or will act, that the president or designee is aware of the offense or
			 offenses to which the consent application applies and that the president or
			 designee attests to the character of the person. The letter should describe the
			 person's character traits as they relate to the employment, position or
			 activities for which written consent is sought and the duties and
			 responsibilities thereof.
(b) At
			 least five letters or other forms of statement addressed to the Director,
			 attesting to the character and reputation of the person, in addition to the
			 letter required in subsection (a) of this section. The statement as to
			 character should indicate the length of time the writer has known the person
			 and should describe the person's character traits as they relate to the
			 employment, position or activities for which written consent is sought and the
			 duties and responsibilities thereof. The statement as to reputation must attest
			 to the person's reputation in the person's community, circle of business or
			 social acquaintances.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0328 - Unlicensed Individuals with Prior Convictions Who are Engaged or Participate in Business of Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 the Director considers an application of an individual who applies to the
			 Director under ORS 731.428 for written consent to
			 engage or participate in the business of insurance, other than a licensee to
			 whom OAR 836-071-0323  applies, the Director shall determine whether the crime
			 or any of the crimes is an offense under  18 U.S.C. sec. 1033  or a felony
			 offense involving dishonesty or breach of trust that is subject to  18 U.S.C. sec. 1033. Individuals to whom this section applies includes any applicant for
			 employment in the business of insurance in Oregon and any current unlicensed
			 individual engaged or participating in the insurance business in Oregon who has
			 ever been convicted of an offense described in this section.
(2) An applicant for written consent under
			 this section who has been convicted by final judgment of an offense under  18 U.S.C. sec. 1033  or of any felony offense involving dishonesty or breach of
			 trust does not qualify for the written consent unless:
(a) The Director has reviewed the entire
			 application of the applicant and has determined that the applicant qualifies
			 for the written consent; and
(b)
			 The Director issues a written consent as provided in this rule.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0331 - Director's Procedures, Application for Consent

Current through Register Vol. 63, No. 7, July 1, 2024
When the Director has received a complete license application
				and the consent application required in OAR 836-071-0326, or has received the
				consent application required in 836-071-0326, in the case of a current licensee
				or an applicant for a license, or required in 836-071-0328, in the case of an
				unlicensed person engaged or participating in the business of insurance, and
				the person has otherwise complied with all applicable requirements:
(1) The Director shall determine whether the
			 crime or any crimes committed by the person and described in the application
			 are subject to ORS 670.280, if a license or license
			 application is involved.
(2) The
			 Director shall notify all state members of the National Association of
			 Insurance Commissioners that an application for written consent has been filed,
			 and shall include with the notice a statement including the name, address,
			 Social Security number (if submitted with the application) and types of
			 insurance actions to be conducted by the applicant, and a request that any
			 insurance commissioner with relevant knowledge regarding the fitness of the
			 applicant respond immediately. The Director shall allow at least 30 days from
			 the date on which the notice was sent, for comment.
(3) The Director may conduct an investigation
			 of the person. The Director may use data bases of the National Association of
			 Insurance Commissioners, including but not necessarily limited to the
			 Regulatory Information Retrieval system, the Producer Database, the Complaint
			 Database and the Special Activities Database.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  731.428,
				  744.013
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0336 - Factors to be Considered by the Director

Current through Register Vol. 63, No. 7, July 1, 2024
The Director shall consider at least the following factors when
				deliberating upon a consent application :
(1) The legitimate interest of the Director
			 or the insurer for whom the activities would be performed in protecting
			 property and the safety and welfare of specific individuals, businesses or the
			 general public.
(2) Whether the
			 applicant or someone on the applicant's behalf has made a materially false or
			 misleading statement or omission in the application process.
(3) The nature of the circumstances
			 surrounding, and the seriousness of, the offense or offenses.
(4) Whether the applicant has been charged
			 with, indicted or convicted of multiple criminal offenses.
(5) What evidence exists of the applicant's
			 rehabilitation, including good conduct in prison, on probation or on parole;
			 good conduct in the community; counseling or psychiatric treatment received;
			 acquisition of additional academic or vocational schooling; successful
			 participation in correctional work-release programs; and the recommendation of
			 persons who have or have had the applicant under their supervision (for
			 example, letters of recommendation from prosecutors, law enforcement or
			 correctional officers who have prosecuted, arrested or had custodial
			 responsibility for the applicant, and letters of recommendation from the
			 sheriff or chief of police in the community in which the applicant resides or
			 has resided).
(6) Whether all
			 members of the National Association of Insurance Commissioners were notified in
			 a timely manner of the applicant's request and any relevant information
			 regarding the fitness of the applicant received from members of the National
			 Association of Insurance Commissioners.
(7) Whether licensing the applicant or
			 issuing the person a written consent to engage in the business of insurance
			 would be consistent with the public interest, with federal and state law, with
			 applicable court orders and with the determination that the applicant is
			 trustworthy to conduct the business of insurance.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  731.428,
				  744.013
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0341 - Issuance of Written Consent

Current through Register Vol. 63, No. 7, July 1, 2024
A written consent to engage in the business of insurance issued
				by the Director must include the following:
(1) A reference to  18 U.S.C. Section 1033 (e)(2).
(2) A statement that the
			 written consent is conditioned on the truth and veracity of the facts disclosed
			 by the applicant in the application for the consent.
(3) A statement that the written consent is
			 conditioned on the applicant remaining in the approved position with its
			 associated insurance activities in which the applicant is not considered to be
			 a risk or threat to insurance consumers or insurers.
(4) Any specific restrictions imposed by the
			 Director as conditions of the written consent.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  744.013
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0346 - Denial of Consent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Director determines that a written consent to engage in the business of
			 insurance should be denied to an applicant, the Director shall issue the denial
			 in writing and shall notify the applicant of rights of review of the Director's
			 determination.
(2) If the Director
			 determines that the crime committed by the applicant is not one to which  18 U.S.C. Section 1033  applies, the Director shall so inform the applicant at the
			 time of granting or denying the license application or, in response to a
			 consent application.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  731.428,
				  744.013
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0351 - Subsequent Conviction of Person Previously Granted Written Consent

Current through Register Vol. 63, No. 7, July 1, 2024
A person to whom the Director has given a written consent to
				engage in the business of insurance shall notify the Director immediately if
				subsequently convicted of a crime. If the Director determines that the person
				has been convicted of an offense under  18 U.S.C. Section 1033  or any felony
				involving dishonesty or breach of trust making the person subject once again to
				the prohibitions in  18 U.S.C. Section 1033, the Director shall notify the
				person in writing by certified mail, return receipt requested, that the written
				consent previously issued has been withdrawn and that engaging in the business
				of insurance again violates  18 U.S.C. Section 1033.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  744.013
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0354 - Designated Agent

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				836-071-0355 to OAR
				836-071-0400,
				"designated agent" means any named individual who is under contract with a
				vehicle rental company and who is authorized by the vehicle rental company to
				sell insurance under the authority of the limited license of the vehicle rental
				company.
Stat. Auth.: ORS
				  731.244,
				  744.852 &
				  744.858
Stats. Implemented: ORS
				  744.852,
				  744.856 &
				  744.858
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0360 - License Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A limited
			 license expires on the last day of the month in which the second anniversary of
			 the initial issuance date occurs. Thereafter, the limited license shall expire
			 on the second anniversary following each renewal.
(2) Not later than the license expiration
			 date, a limited licensee applying for renewal must submit the following
			 electronically as set forth on the Division of Financial Regulation website of
			 the Department of Consumer and Business Services at dfr.oregon.gov as
			 applicable:
(a) A completed renewal
			 application, on a form provided by the director;
(b) A copy of the insurance sales material
			 made available to renters of vehicles through the limited licensee.
(c) A renewal fee of $200.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0370 - List of Employees and Designated Agents Selling Coverage; Continuing Education

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 limited licensee shall maintain at all times a current list of all employees
			 and designated agents who are authorized by the limited licensee to offer and
			 sell the insurance coverage for the limited licensee. The limited licensee must
			 provide the list to the Director upon request and the list must otherwise be
			 available and accessible to the Director at all reasonable hours at the
			 principal place of business of the licensee in this state.
(2) For the purpose of complying with the
			 education filing and certification requirements of ORS
			 744.856, not later than March 1
			 of each year, a limited licensee shall:
(a)
			 File the syllabus for the training program with the Director; and
(b) Certify to the Director that all
			 employees and designated agents involved in the sale or offer of coverage to
			 members of the public have completed or will complete the training program
			 prior to conducting such sales or offers and will receive continuing education
			 on a regular basis concerning the topics covered in the training program.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0380 - Course of Training for Training Program and for Continuing Education

Current through Register Vol. 63, No. 7, July 1, 2024
A limited licensee must include at least the following
				information in the training program for new employees and designated agents who
				will be offering the insurance coverage and in the continuing education program
				for current employees and designated agents offering the insurance coverage, as
				required by ORS 744.856:
(1) Materials for the purpose of facilitating
			 employee and designated agents understanding of the insurance coverages offered
			 by the licensee.
(2) That renters
			 of vehicles through the licensee are not required to purchase the coverage
			 offered through the licensee as a condition of renting a vehicle.
(3) That renters must be informed that
			 coverage offered by the licensee may duplicate existing coverage of the renter
			 and that the renter should consult with the renter's insurance agent if the
			 renter has any question about existing coverage.
(4) Claims procedures.
(5) The identity of the insurer of the
			 coverage offered by the licensee.
(6) That employees and designated agents of
			 the licensee are not authorized to evaluate a renter's existing
			 coverages.
Stat. Auth.: ORS
				  744.856 &
				  744.858
Stats. Implemented: ORS
				  744.856
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0390 - Statewide Filing Officer

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each limited licensee must appoint as the statewide filing officer of the
			 licensee an executive or manager of the licensee who is located in this state.
			 The statewide filing officer shall serve as the in-state representative and
			 contact person for the limited licensee.
(2) The limited licensee shall notify the
			 Director in writing of any change in the appointment.
Stat. Auth.: ORS
				  744.858
Stats. Implemented: ORS
				  744.852 &
				  744.856
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0400 - Applicable Insurance Code Statutes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Provisions of the Insurance Code that
			 apply to the limited licensing program established by ORS
			 744.850 to
			 744.858 include but are not
			 limited to the following:
			 744.007(6),
			 744.013,
			 744.014,
			 744.016,
			 744.018,
			 744.024,
			 744.028,
			 744.033, and
			 744.037.
(2) A limited licensee is not subject to ORS
			 744.225 and
			 744.227 and are not otherwise
			 required to treat moneys paid by renters for insurance in a fiduciary capacity
			 or to hold the moneys in a separate trust account.
Stat. Auth.: ORS
				  744.858
Stats. Implemented: ORS
				  744.856 &
				  744.858
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0405 - Statutory Purpose and Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 836-071-0405  to 836-071-0425  apply to
			 an owner who issues, sells or offers for sale insurance coverage to occupants
			 at a self-service storage facility.
(2) OAR 836-071-0405  to 836-071-0425  are
			 adopted pursuant to the authority in section 8, chapter 280, Oregon Laws 2013
			 and ORS Chapter 744, for the purpose of implementing sections 2 to 8, Chapter
			 280, Oregon Laws 2013.
Stat. Auth.: ORS
				  731.244; sect. 8, ch. 280, OL
				  2013
Stats. Implemented: Sects. 2 to 8, ch. 280, OL
				  2013
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0410 - Limited License Application, Self-Service Storage Facility; Required Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant for a self-service storage facility limited license shall submit
			 electronically to the director of the Department of Consumer and Business
			 Services a self-service storage limited license application in accordance with
			 instructions located on the Division of Financial Regulation website at
			 dfr.oregon.gov.
(2) The applicant
			 shall include all of the following information in the limited license
			 application:
(a) The applicant's corporate,
			 firm or other business entity name, the business address, electronic mail
			 address and telephone number of the principal place of business and the
			 business address and telephone number of each self-service storage facility at
			 which the applicant will transact business under the limited license;
(b) All assumed business names and other
			 names under which the applicant will engage in business under the limited
			 license;
(c) Certification that the
			 applicant is the owner of all locations included on the application;
(d) Whether the applicant or any agent or
			 authorized representative of the applicant has:
(A) Been convicted of or indicted for a
			 crime, including a felony involving dishonesty or a breach of trust to which
			 18 U.S.C.
			 1033 applies;
(B) Had a judgment entered against the
			 applicant or person designated by the applicant as being responsible for the
			 applicant's compliance, for fraud;
(C) A claim of indebtedness by an insurer or
			 agent, and the details of any such indebtedness; or
(D) Had any license to act in any
			 occupational or professional capacity in this or any other state refused,
			 revoked or suspended;
(E) Filed for
			 bankruptcy or been adjudged bankrupt;
(e) All states and provinces of Canada in
			 which the applicant currently holds a license to engage in the transaction of
			 insurance, or has held such a license within ten years prior to the date of the
			 application
(f) Any other
			 information requested by the director.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0415 - Materials and Requirements of Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to selling any insurance to an
			 occupant of a self-service storage facility, an applicant shall provide written
			 material to the Director of the Department of Consumer and Business Services
			 for approval as required by section 4, chapter 280, Oregon Laws 2013.
(2) In addition to providing
			 written material at the time of initial licensing, the licensee must provide
			 the director with any materials that change during the term of the license.
(3) The written material provided
			 must:
(a) Comply with the requirements of
			 section 4, chapter 280, Oregon Laws 2013; and
(b) Provide an assurance that the enrolled
			 customer may cancel the storage unit insurance coverage at any time and that
			 the person paying the premium shall receive a refund of the unused portion of
			 any amount that has been paid for coverage. A reasonable administrative fee may
			 be charged in an amount not to exceed 10 percent of the refund due.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 71 - INSURANCE LICENSING › Section 836-071-0420 - Requirements for Limited Licensee, List of Employees Selling Coverage; Training Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 limited licensee shall maintain at all times standard operating procedures to
			 assure that all employees, agents and authorized representatives are authorized
			 to issue, sell or offer for self-service storage unit property insurance
			 coverage to a customer. The training program must instruct the employees or
			 agents about the coverage the insurance provides and about the provisions of
			 sections 2 to 8, chapter 280, Oregon Laws 2013. The limited licensee must
			 provide a description of these procedures to the director at anytime that a
			 change is made, at the time that the limited license is renewed or at any time
			 at the request of the director.
(2) A limited licensee must ensure that the
			 information required under section 280 chapter 280 Oregon Laws 2013, is
			 included in any training program for the limited licensee's employees, agents
			 and authorized representatives who will be issuing, selling or offering for
			 sale self-service storage insurance coverage. The licensee must maintain a list
			 of all employees trained to sell coverage. The licensee must provide the list
			 to the director upon request, within 21 calendar days.
(3) A limited licensee must provide
			 certification by the entity or the applicant that the written disclosure
			 materials made available to prospective customers will be maintained by the
			 entity or the applicant for a period of seven years and must be made available
			 to the Department of Consumer and Business Services director upon request
			 within 21 calendar days.
Stat. Auth.: ORS
				  731.244; sect. 8, ch. 280, OL
				  2013
Stats. Implemented: Sects. 2 to 8, ch. 280, OL
				  2013