reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0310 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 836-080-0305  to 836-080-0370, unless the context
				requires otherwise:
(1) A person
			 "affiliated" with a title company means a person who controls, is controlled
			 by, or is under common control with the title company; or a person who is an
			 owner, director, officer or employee of such a person and acts in such
			 representative capacity. As used in this section, an owner is a person who owns
			 or controls a ten percent or more interest.
(2) "Intermediary" means:
(a) A person who is engaged to any extent in
			 any of the following business activities, other than a title company or a
			 person affiliated with the title company giving the thing of value:
(A) Acting as an agent, broker,
			 representative or attorney in fact or at law of a person who buys or sells an
			 interest in real property, or who lends or borrows money secured by an interest
			 in real property;
(B) Buying,
			 selling or exchanging interests in real property;
(C) Developing or subdividing real
			 property;
(D) Building residential
			 or commercial structures on real property;
(E) Making loans secured by interests in real
			 property;
(F) Auctioning the sale
			 of real property;
(G) Accommodating
			 or facilitating exchanges in real property; or
(H) Providing real property transaction
			 settlement services.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0315 - Providing Things of Value to Intermediaries Generally Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A title company
			 shall not, directly or indirectly, give or attempt to give any thing of value
			 to an intermediary unless permitted by OAR 836-080-0320  to 836-080-0340. If
			 more than one provision of OAR 836-080-0320  to 836-080-0340  applies, a title
			 company may give a thing of value to an intermediary pursuant to only one
			 provision.
(2) A title company
			 shall also be considered to give a thing of value to an intermediary when the
			 thing of value is given by a person affiliated with the title
			 company.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.045,
				  746.055,
				  746.160 &
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0320 - Miscellaneous Things of Value

Current through Register Vol. 63, No. 7, July 1, 2024
A title company may give a thing of value, except money, to an
				intermediary if the net cost to the title company is $2 or less per thing of
				value or individual receiving the thing of value, whichever is applicable, and
				if the thing of value is used only by the intermediary and not further
				distributed to other persons, except that the intermediary may distribute the
				thing of value to other persons if the thing of value is:
(1) Printed information about the title
			 company or a person affiliated with the title company;
(2) Any service or product offered by the
			 title company or a person affiliated with the title company; or
(3) Any business activity of the title
			 company or a person affiliated with the title company.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.045,
				  746.055,
				  746.160 &
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0325 - Business Development Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A title company may give a thing of value
			 to an intermediary in connection with an activity sponsored only by the title
			 company if the net cost to the title company is $75 or less per individual
			 attending, when five or fewer individuals actually attend and when one of the
			 individuals is an employee of the title company.
(2) A title company may give a thing of value
			 to an intermediary in connection with an activity sponsored only by the title
			 company if the net cost to the title company is $10 or less per individual
			 reasonably expected to attend, when six or more individuals actually attend and
			 when one of the individuals is an employee of the title company.
(3) A title company may give a thing of value
			 to an intermediary in connection with an activity sponsored only by the title
			 company if the activity occurs at the title company's new or substantially
			 remodeled office and the net cost to the title company is $25 or less per
			 individual reasonably expected to attend. The title company shall notify the
			 Director in writing at least 30 calendar days before the activity occurs that
			 it intends to sponsor the activity, a description of the new office or extent
			 of any remodeling, the number of individuals invited and reasonably expected to
			 attend and the expected cost of the activity.
(4) A title company may give a thing of value
			 to an intermediary in connection with an activity sponsored only by the title
			 company if the activity occurs within 90 calendar days before or after the
			 title company's first and each tenth anniversary of commencing title insurance
			 or escrow business and the net cost to the title company is $25 or less per
			 individual reasonably expected to attend. The title company shall notify the
			 Director in writing at least 30 calendar days before the activity occurs that
			 it intends to sponsor the activity, an explanation of when the title company
			 commenced business, the number of individuals invited and reasonably expected
			 to attend and the expected cost of the activity.
(5) A title company may give a thing of value
			 to a trade association in response to a general solicitation of the entire
			 membership of the trade association if the net cost to the title company is $50
			 or less.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.045,
				  746.055,
				  746.160 &
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0335 - Gifts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A title company
			 may give a plant or flowers to an intermediary in connection with an open house
			 of a new or substantially remodeled office of the intermediary if the net cost
			 to the title company is $50 or less.
(2) A title company may give a thing of value
			 to an intermediary as a condolence if the net cost to the title company is $50
			 or less.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.045,
				  746.055,
				  746.160 &
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0337 - Real Property Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A title company may give to an intermediary information that relates to a
			 specific parcel of real property located in this state if the cost to the title
			 company, including but not limited to labor and materials, is $15 or less per
			 request.
(2) A title company may
			 distribute the information described in section (1) of this rule in any form
			 and in any manner.
(3) This rule
			 does not apply when a title company provides real property information in
			 connection with a title insurance policy according to the title company's filed
			 rating plan approved by the Director pursuant to ORS
			 737.320.
(4) Nothing in this rule allows a title
			 company to provide:
(a) The means of access to
			 the real property information to an intermediary for less than reasonably
			 equivalent consideration; or
(b)
			 Any other thing of value in connection with the information described in
			 section (1) of this rule including but not limited to packaging such as
			 binders, dividers, folders, page protectors or compact disc cases.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0340 - Assistance in Qualifying a Subdivision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A title company may do the following
			 things for an intermediary that is a subdivider or developer to help qualify a
			 subdivision for approval by a state or local government:
(a) Advance the normal county recording and
			 filing fees;
(b) Help the
			 subdivider or developer obtain the information necessary to complete the forms
			 required by the state or local government;
(c) Help a subdivider or developer obtain the
			 signatures necessary to file or record the subdivision plat with the state or
			 local government; and
(d) Forward
			 an item to the state or local government after the title company receives the
			 item.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0345 - Automatic Change in Monetary Limits

Current through Register Vol. 63, No. 7, July 1, 2024
All monetary limits in OAR 836-080-0305  to 836-080-0337  will
				automatically change, without the necessity of amending such rules, by the
				percentage change from year to year in the Portland Standard Statistical
				Metropolitan Area Consumer Price Index for all urban consumers, all items (Base
				1982=100), or its equivalent as determined by the Director. The Director shall
				calculate the changes and notify each title company of such changes by December
				1 of each year. The changes shall be effective on January 1 of the immediately
				following year.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.045,
				  746.055,
				  746.160 &
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0355 - Title Insurer Responsible for Violations by Agent

Current through Register Vol. 63, No. 7, July 1, 2024
A title insurer also violates OAR 836-080-0315  when a title
				insurance agent of the title insurer engages in conduct that violates
				836-080-0315, the title insurer knows that the conduct violates 836-080-0315,
				the title insurer knows that the conduct is occurring or is about to occur, and
				the title insurer fails to request, in writing within 10 calendar days after
				first knowing that the conduct is occurring or is about to occur, that the
				title insurance agent immediately discontinue the conduct.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.045,
				  746.055,
				  746.160 &
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0360 - Use by Title Company of an Intermediary's Office

Current through Register Vol. 63, No. 7, July 1, 2024
A title company shall not have an employee work in a workspace
				owned, leased or
rented by an intermediary unless all of the following apply
				with respect to the space:
(1) The
			 space is separate from and can be secured against access by other occupants of
			 the premises.
(2) The consideration
			 paid, if any, for the space is not more than the prevailing rate for similar
			 space in the market area.
(3) The
			 space is open to the conduct of business with all persons.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.045,
				  746.055,
				  746.160 &
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0365 - Filing Escrow Rates Required

Current through Register Vol. 63, No. 7, July 1, 2024
A title company shall file with the Director in writing each
				rate to be charged for escrow services and the effective date of such rate
				before the date the title company uses such rate. A title company shall also
				file a list of all escrow rates to be charged when it files a new or changed
				escrow rate.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.045,
				  746.055,
				  746.160 &
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0370 - Instruction of Title Company Employees About Rules Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A title company
			 shall give a copy of OAR 836-080-0305  to 836-080-0370  to each employee who
			 markets or performs any service offered by the title company.
(2) A title company shall instruct each
			 employee described in section (1) of this rule about the content of the rules
			 as follows:
(a) In the case of each employee
			 employed on the effective date of OAR 836-080-0305  to 836-080-0370, within 60
			 calendar days after that date; and
(b) In the case of each employee employed
			 after the effective date of OAR 836-080-0305  to 836-080-0370, within 30
			 calendar days after the date the employee commences work.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0425 - Applicability; Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 836-080-0425  to 836-080-0440  apply to personal insurance as defined in ORS
			 746.600.
(2) "Application" means an action by a
			 prospective insured that, if accepted by the insurer, would establish a
			 contract of insurance.
(3)
			 "Consumer," "consumer reporting agency," "credit history" and "insurance score"
			 have the meanings given those terms in ORS
			 746.600.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.015 &
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0430 - Disclosure of Use of Credit History or Insurance Scores

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before an insurer or its insurance
			 producer may obtain the credit history or insurance score of a consumer in
			 response to a request by the consumer relating to insurance coverage, the
			 insurer or insurance producer shall notify the consumer that the insurer or
			 insurance producer will check the credit history or insurance score of the
			 consumer. The notice may be oral, in writing or in the same medium as the
			 medium in which communication between the consumer and the insurer or insurance
			 producer is conducted.
(2) An
			 insurance producer need provide only one notice under section (1) of this rule
			 to a consumer for the inquiry or inquiries that the insurance producer makes to
			 one or more insurers in response to the request by the consumer.
(3) An insurer who uses credit histories or
			 insurance scores for underwriting or rating coverage shall instruct each of its
			 insurance producer that before an insurance producer may obtain a consumer's
			 credit history or insurance score, the insurance producer must notify the
			 consumer that the consumer's credit history or insurance score of the consumer
			 will be checked.
(4) An insurer
			 that uses the credit history or insurance score of a consumer when considering
			 the consumer's application for insurance must notify the consumer during the
			 application process that the consumer may request a written statement
			 describing its use of credit histories or insurance scores. The notice to the
			 consumer may be either in writing or in the same medium as the medium in which
			 the application is made. The statement must address the following items:
(a) Why the insurer uses credit history or
			 insurance scores.
(b) How the
			 insurer uses credit histories or insurance scores.
(c) What kinds of credit information are used
			 by the insurer.
(d) Whether a
			 consumer's lack of credit history will affect the insurer's consideration of an
			 application.
(e) Where the consumer
			 may go with questions.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0435 - Policies Governing Credit Histories and Insurance Scores

Current through Register Vol. 63, No. 7, July 1, 2024
Each insurer that uses credit histories or insurance scores in
				the rating or underwriting, or both, of prospective applicants, applicants or
				policyholders for personal insurance shall establish a written policy that
				includes at least the following:
(1)
			 An explanation of credit histories or insurance scores, or an explanation of
			 both if the insurer uses both, and the insurer's standards governing their
			 use.
(2) Rating and underwriting
			 protocols, rules and instructions relating to credit histories or insurance
			 scores. The protocols, rules and instructions shall include an explanation of
			 the insurer's consideration and treatment, for underwriting purposes and for
			 rating purposes, of:
(a) A consumer for whom
			 the insurer or provider of credit scoring information has found no credit
			 records (a "no hit"), and whether the insurer may make exceptions.
(b) A consumer for whom the insurer or
			 provider of credit history or insurance score information has found a credit
			 record but insufficient credit activity for creating a credit score (a "no
			 score"), and whether the insurer may make exceptions.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0436 - Absence of or Inability to Determine Credit History; Relation to Risk to Insurer

Current through Register Vol. 63, No. 7, July 1, 2024
An insurer may use the category of absence of a credit history
				("no hit") or the category of inability to determine a consumer's credit
				history ("no score") under ORS
				746.661(1)(c)
				according to the separate risk profiles for the two categories, and any
				relevant subcategories, demonstrated by actuarial data that the insurer has
				submitted to the Director of the Department of Consumer and Business
				Services.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.650
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0438 - Definition of Adverse Underwriting Decision; Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of the notice required by
			 ORS 746.650(5), an
			 adverse underwriting decision as defined in
			 746.600(1)(a)(G)(iii)
			 occurs when an insurer accepting an application for insurance would have given
			 the consumer a lower rate if the consumer's credit history or the credit
			 factors in the consumer's insurance score were more favorable.
(2) An insurer shall include in a notice of
			 adverse underwriting decision required by ORS
			 746.650(5) an
			 explanation of the consumer's right to request, no more than once annually,
			 that the insurer rerate the consumer, and of potential negative consequences of
			 rerating, if any.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.600 &
				  746.650
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0440 - Unfair Insurance Trade Practice

Current through Register Vol. 63, No. 7, July 1, 2024
Violation of any provision of OAR 836-080-0425  to 836-080-0440 is an unfair trade practice for purposes of ORS
				746.240.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0501 - Authority; Rule of Construction; Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 836-080-0501  to 836-080-0551  are
			 adopted under the authority of ORS
			 731.244 and
			 746.620 for the purpose of
			 implementing 746.600,
			 746.620,
			 746.630 and
			 746.665.
(2) The examples in OAR 836-080-0501  to
			 836-080-0551  are not exclusive. Compliance with an example in 836-080-0501  to
			 836-080-0551  constitutes compliance with the statute to which the example
			 applies.
(3) OAR 836-080-0501  to
			 836-080-0551  have the same scope of applicability as ORS
			 746.600,
			 746.620,
			 746.630 and
			 746.665, applying to insurance
			 activities of a licensee and not to noninsurance activities.
(4) The applicability of the exemptions in
			 ORS 746.665(1)(b) and
			 (c) includes but is not limited to a
			 licensee's transactions described in
			 746.665(1)(b) and
			 (c) with a reinsurer or with an insurer with
			 respect to stop loss or excess loss insurance.
Stat. Auth.: ORS
				  731.244,
				  746.600 & 746.620Stat.
				  Implemented: ORS 746.600,
				  746.620,
				  746.630 &
				  746.665
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0506 - Definitions and Examples

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions and examples of definitions apply to
				the following terms as they are defined or used in ORS
				746.600 and used in
				746.620,
				746.630 and
				746.665 or as they are defined
				or used in OAR 836-080-0501  to 836-080-0551:
(1) "Clear and conspicuous" means that a
			 notice under ORS 746.620 or a disclosure
			 authorization form under
			 746.630 is reasonably
			 understandable and designed to call attention to the nature and significance of
			 the information in the notice or disclosure authorization form. The following
			 are applicable examples:
(a) Examples of
			 "reasonably understandable." A licensee makes its notice or disclosure
			 authorization form reasonably understandable if it:
(A) Presents the information in the notice or
			 disclosure authorization form in clear, concise sentences, paragraphs and
			 sections;
(B) Uses short
			 explanatory sentences or bullet lists whenever possible;
(C) Uses definite, concrete, everyday words
			 and active voice whenever possible;
(D) Avoids multiple negatives;
(E) Avoids legal and highly technical
			 business terminology whenever possible; and
(F) Avoids explanations that are imprecise
			 and readily subject to different interpretations.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0511 - Application of Notice Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee is not subject to the
			 requirements stated in ORS
			 746.620 if the licensee is an
			 employee or other representative of another licensee who is the principal in
			 the relationship and the principal otherwise complies with the requirements of
			 746.620,
			 746.630 and
			 746.665, and:
(a) If the licensee is an insurance producer,
			 the licensee acts in accordance with the requirements of ORS
			 746.620(8);
			 and
(b) If the licensee is other
			 than an insurance producer, the licensee does not disclose any personal
			 information to any person other than to the principal or its affiliate as
			 provided in ORS 746.665(1)(a) to (j) or (m) to
			 (q), or under
			 746.665(1)(L)
			 in connection with an audit.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0516 - Initial Notice to Consumers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A licensee shall provide an initial notice as provided in ORS
			 746.620(1) and
			 also subsequently when further information is collected in connection with a
			 renewal or reinstatement of an insurance policy.
(2) A licensee is not required to provide an
			 initial notice to a consumer for purposes of ORS
			 746.620 if any of the following
			 circumstances applies:
(a) If the licensee
			 does not disclose any personal information about the consumer to any
			 nonaffiliated third party other than as authorized by ORS
			 746.665(1)(a) to (j) or (m) to
			 (q) and the licensee does not have a customer
			 relationship with the consumer.
(b)
			 If the licensee has a customer relationship with the consumer and the consumer
			 consents to the licensee's searching for insurance coverage to replace existing
			 coverage or to perform another insurance service for the consumer, and if
			 disclosure of personal information of the consumer meets the conditions
			 specified in ORS 746.665(1)(c)(B).
(c) If a notice has been provided by an
			 affiliated licensee, as long as the notice clearly identifies all licensees to
			 whom the notice applies and is accurate with respect to the licensee and the
			 other institutions.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0519 - Information to be Included in Initial Privacy Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule implements the requirement of
			 the initial notice under ORS
			 746.620, describes the contents
			 of the initial notice and provides examples of categories of information
			 required in the notice.
(2) The
			 following are examples of categories of personal information collected by a
			 licensee. A licensee satisfies the requirement of categorizing the personal
			 information it collects if the licensee categorizes it according to the source
			 of the information, including, for example:
(a) Information from the consumer;
(b) Information about the consumer's
			 transactions with the licensee or its affiliates;
(c) Information about the consumer's
			 transactions with nonaffiliated third parties; and
(d) Information from an insurance support
			 organization.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0523 - Annual Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The personal
			 information to which a licensee must refer in the annual notice need include
			 only personal financial information. A licensee provides the notice annually if
			 it defines the 12-consecutive-month period as a calendar year and provides the
			 annual notice to the customer once in each calendar year following the calendar
			 year in which the licensee provided the initial notice. For example, if a
			 customer opens an account on any day of year 1, the licensee shall provide an
			 annual notice to that customer by December 31 of year 2.
(2) Termination of customer relationship: A
			 licensee is not required to provide an annual notice to a former customer. A
			 former customer is an individual with whom a licensee no longer has a
			 continuing relationship. The following are examples in which a continuing
			 relationship no longer exists:
(a) A licensee
			 no longer has a continuing relationship with an individual if the individual no
			 longer is a current policyholder of an insurance product or no longer obtains
			 services with or through the licensee.
(b) A licensee no longer has a continuing
			 relationship with an individual if the individual's policy is lapsed, expired
			 or otherwise inactive or dormant under the licensee's business practices, and
			 the licensee has not communicated with the customer about the relationship for
			 a period of 12 consecutive months, other than to provide annual privacy
			 notices, material required by law or regulation or promotional
			 materials.
(c) For the purpose of
			 this rule, a licensee no longer has a continuing relationship with an
			 individual if the individual's last known address according to the licensee's
			 records is deemed invalid. An address of record is deemed invalid if mail sent
			 to that address by the licensee has been returned by the postal authorities as
			 undeliverable and if subsequent attempts by the licensee to obtain a current
			 valid address for the individual have been unsuccessful.
(d) A licensee no longer has a continuing
			 relationship with a customer in the case of providing real estate settlement
			 purposes, at the time the customer completes execution of all documents related
			 to the real estate closing, payment for those services has been received or the
			 licensee has completed all of its responsibilities with respect to the
			 settlement, including filing documents on the public record, whichever is
			 later.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0526 - Information to be Included in Annual Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule implements the requirement of
			 the annual notice under ORS
			 746.620, describes the contents
			 of the annual notice and provides examples of categories of information
			 required in the annual notice.
(2)
			 The following are examples of categories of personal financial information
			 collected by a licensee. A licensee satisfies the requirement of categorizing
			 the personal financial information it collects if the licensee categorizes it
			 according to the source of the information, as applicable:
(a) Information from the consumer;
(b) Information about the consumer's
			 transactions with the licensee or its affiliates;
(c) Information about the consumer's
			 transactions with nonaffiliated third parties; and
(d) Information from an insurance support
			 organization.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0531 - Revised Privacy Notices

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as otherwise authorized in OAR 836-080-0501  to 836-080-0551, a licensee
			 shall not, directly or through an affiliate, disclose any personal financial
			 information about a consumer to a nonaffiliated third party under ORS
			 746.665(1)(k)
			 other than as described in the initial notice that the licensee provided to the
			 consumer under 746.620 and OAR 836-080-0501  to
			 836-080-0551, unless:
(a) The licensee has
			 provided to the consumer a clear and conspicuous revised notice that accurately
			 describes its policies and practices;
(b) The licensee has given the consumer a
			 reasonable opportunity, before the licensee discloses personal financial
			 information to the nonaffiliated third party, to opt out of the disclosure;
			 and
(c) The consumer does not opt
			 out.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0536 - Delivery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee
			 shall provide any notices required by ORS
			 746.620 and OAR 836-080-0501  to
			 836-080-0551  so that each consumer can be reasonably expected to receive actual
			 notice in writing or, if the consumer agrees, electronically.
(2) The following are examples of reasonable
			 expectation of actual notice. A licensee may reasonably expect that a consumer
			 will receive actual notice if the licensee:
(a) Hand-delivers a printed copy of the
			 notice to the consumer;
(b) Mails a
			 printed copy of the notice to the last known address of the consumer
			 separately, or in a policy, billing or other written communication;
(c) For a consumer who conducts transactions
			 electronically, posts the notice on the electronic site and requires the
			 consumer to acknowledge receipt of the notice as a necessary step to obtaining
			 a particular insurance product or service;
(d) For an isolated transaction with a
			 consumer, such as the licensee providing an insurance quote or selling the
			 consumer travel insurance, posts the notice and requires the consumer to
			 acknowledge receipt of the notice as a necessary step to obtaining the
			 particular insurance product or service.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0541 - Opt in Notice; Form of Opt Out Notice to Consumers and Opt Out Methods for Purpose of ORS 746.665(1)(k)

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Form of opt in notice. The form of the disclosure authorization (the opt in
			 form) is governed by ORS
			 746.630, and is used with
			 respect to disclosures of personal information that do not meet one or more of
			 the conditions specified in
			 746.665(1).
(2) Form of opt out notice. Sections (2) to
			 (10) of this rule govern the form of and requirements applicable to an opt out
			 notice when the notice is required by ORS
			 746.665(1)(k).
			 If a licensee is required to provide an opt out notice by ORS
			 746.665(1)(k),
			 the licensee shall accurately explain the right to opt out under that
			 provision. The notice shall state:
(a) That
			 the licensee discloses or reserves the right to disclose personal financial
			 information about its consumer to a nonaffiliated third party;
(b) That the consumer has the right to opt
			 out of that disclosure; and
(c) A
			 reasonable means by which the consumer may exercise the opt out
			 right.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0546 - Limits on Sharing Account Number Information for Marketing Purposes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General
			 prohibition on disclosure of account numbers. A licensee shall not, directly or
			 through an affiliate, disclose, other than to a consumer reporting agency, a
			 policy number or similar form of access number or access code for a consumer's
			 policy or transaction account to any nonaffiliated third party for use in
			 telemarketing, direct mail marketing or other marketing through electronic mail
			 to the consumer.
(2) Exceptions.
			 Section (1) of this rule does not apply if a licensee discloses a policy number
			 or similar form of access number or access code:
(a) To the licensee's service provider solely
			 in order to perform marketing for the licensee's own products or services, as
			 long as the service provider is not authorized to dir3eectly initiate charges
			 to the account;
(b) To a licensee
			 who is a producer solely in order to perform marketing for the licensee's own
			 products or services; or
(c) To a
			 participant in an affinity or similar program when the participants in the
			 program are identified to the customer when the customer enters into the
			 program.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0551 - Authorization Request Delivery

Current through Register Vol. 63, No. 7, July 1, 2024
A request for authorization and an authorization form may be
				delivered to a consumer or a customer as part of a notice under ORS
				746.620 if the request and the
				authorization form are clear and conspicuous.
Stat. Auth.: ORS
				  731.244, ORS
				  746.600 & ORS
				  746.620
Stats. Implemented: ORS
				  746.600, ORS
				  746.620, ORS
				  746.630 & ORS
				  746.665
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0615 - Personal Information Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule governs the notice to be given by a licensee to an individual that
			 informs the individual about a licensee's treatment of personal information
			 concerning the individual when the licensee and the individual are engaging in
			 a transaction of health insurance. A licensee shall provide a clear and
			 conspicuous notice of information practices to individuals in connection with a
			 transaction of health insurance under the circumstances and at the times as
			 follows:
(a) In the case of an application
			 for health insurance, a notice shall be provided no later than:
(A) At the time of delivery of the health
			 insurance policy or certificate, when personal information is collected only
			 from the applicant or from public records; or
(B) At the time the collection of personal
			 information is initiated, when personal information is collected from a source
			 other than the applicant or public records.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0620 - Notice of Personal Financial Information Practices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule governs the notice to be given
			 by a licensee to an individual, in fulfillment of requirements of the federal
			 Gramm-Leach-Bliley Act (P.L. 106-102), that informs
			 the individual about the licensee's treatment of personal financial information
			 concerning the individual in the course of the ongoing financial relationship
			 between the licensee and the individual, in connection with a health insurance
			 policy. A licensee shall provide a clear and conspicuous notice of its personal
			 financial information practices to individuals under the circumstances and at
			 the times as follows:
(a) Except as provided
			 in this subsection, to a consumer who becomes a customer of the licensee, not
			 later than the date that the licensee establishes a continuing relationship
			 under which the licensee provides one or more health insurance products or
			 services to the consumer that are to be used primarily for personal, family or
			 household purposes. A licensee may provide the notice within a reasonable time
			 after the date the licensee establishes a customer relationship if:
(A) Establishing the customer relationship is
			 not at the customer's election; or
(B) Providing notice not later than the date
			 that the licensee establishes a customer relationship would substantially delay
			 the customer's transaction and the customer agrees to receive the notice at a
			 later time.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0625 - Alternative Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
A licensee may satisfy the notice requirements of OAR
				836-080-0615  and 836-080-0620  by either of the following alternative
				means:
(1) By providing separate
			 notices or a single notice combining the requirements of both rules.
(2) By providing a single notice if two or
			 more individuals jointly obtain or apply for an insurance product.
(3) The obligations imposed by OAR
			 836-080-0615  and by 836-080-0620  upon a licensee may be satisfied, either
			 together or separately, by another licensee or another financial institution or
			 agent authorized to act on its behalf. A licensee may provide a joint notice
			 from the licensee and one or more of its affiliates or other financial
			 institutions, as identified in the notice, as long as the notice is accurate
			 with respect to the licensee and the other institutions.
(4) Except as otherwise prohibited or limited
			 by the federal Health Insurance Portability and Accountability Act of 1996 (P.L.
			 104-191):
(a) A
			 licensee may include any notice required pursuant to the federal Health
			 Insurance Portability and Accountability Act of 1996 (P.L.
			 104-191) with a notice provided under OAR
			 836-080-0615  or 836-080-0620  or under an alternative means allowed in section
			 (1) of this rule.
(b) Notice
			 obligations imposed by the federal Health Insurance Portability and
			 Accountability Act of 1996 (P.L.
			 104-191) upon a licensee may be satisfied
			 together with the obligations imposed by OAR 836-080-0615  and by 836-080-0620  upon the licensee as provided in section (2) of this rule.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0630 - Application of Notice Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A licensee is not subject to the requirements stated in OAR
				836-080-0615  or 836-080-0620  if the licensee is an employee or other
				representative of another licensee who is the principal in the relationship and
				the principal otherwise complies with the requirements of OAR 836-080-0615,
				836-080-0620, 836-080-0625, 836-080-0665, 836-080-0670  and 836-080-0675 and:
(1) If the licensee is an
			 insurance producer, the licensee acts in accordance with the requirements of
			 OAR 836-080-0625(4); and
(2) If the
			 licensee is other than an insurance producer, the licensee does not disclose
			 any personal information to any person other than to the principal or its
			 affiliate as provided in OAR 836-080-0670  or 836-080-0675.
Stat. Auth.: ORS
				  731.244 &
				  746.608
Stats. Implemented: ORS
				  746.600 &
				  746.607
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0635 - Initial Notice to Consumers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A licensee shall provide an initial notice as provided in OAR 836-080-0620(1)
 
			 and also subsequently when further personal financial information is collected
			 in connection with a renewal or reinstatement of a health insurance
			 policy.
(2) A licensee is not
			 required to provide an initial notice to a consumer for purposes of OAR
			 836-080-0620  if any of the following circumstances applies:
(a) If the licensee does not disclose any
			 nonpublic personal financial information about the consumer to any
			 nonaffiliated third party other than as authorized by OAR 836-080-0670  and
			 836-080-0675  and the licensee does not have a customer relationship with the
			 consumer.
(b) If the licensee has a
			 customer relationship with the consumer and the consumer consents to the
			 licensee's searching for health insurance coverage to replace existing coverage
			 or to perform another health insurance service for the consumer, and if
			 disclosure of personal financial information of the consumer meets the
			 conditions specified in OAR 836-080-0670.
(c) If a notice has been provided by an
			 affiliated licensee, as long as the notice clearly identifies all licensees to
			 whom the notice applies and is accurate with respect to the licensee and the
			 other institutions.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0640 - Information to Be Included in Initial Privacy Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule implements the requirement of
			 the initial notice under OAR 836-080-0620, describes the contents of the
			 initial notice and provides examples of categories of information required in
			 the notice.
(2) The following are
			 examples of categories of nonpublic personal financial information collected by
			 a licensee. A licensee satisfies the requirement of categorizing the nonpublic
			 personal financial information it collects if the licensee categorizes it
			 according to the source of the information, including, for example:
(a) Information from the consumer;
(b) Information about the consumer's
			 transactions with the licensee or its affiliates;
(c) Information about the consumer's
			 transactions with nonaffiliated third parties; and
(d) Information from an insurance support
			 organization.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0645 - Annual Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The personal
			 information to which a licensee must refer in the annual notice need include
			 only personal financial information. A licensee provides the notice annually if
			 it defines the 12-consecutive-month period as a calendar year and provides the
			 annual notice to the customer once in each calendar year following the calendar
			 year in which the licensee provided the initial notice. For example, if a
			 customer opens an account on any day of year 1, the licensee shall provide an
			 annual notice to that customer by December 31 of year 2.
(2) Termination of customer relationship: A
			 licensee is not required to provide an annual notice to a former customer. A
			 former customer is an individual with whom a licensee no longer has a
			 continuing relationship. The following are examples in which a continuing
			 relationship no longer exists:
(a) A licensee
			 no longer has a continuing relationship with an individual if the individual no
			 longer is a current policyholder of an insurance product or no longer obtains
			 services with or through the licensee.
(b) A licensee no longer has a continuing
			 relationship with an individual if the individual's policy is lapsed, expired
			 or otherwise inactive or dormant under the licensee's business practices, and
			 the licensee has not communicated with the customer about the relationship for
			 a period of 12 consecutive months, other than to provide annual privacy
			 notices, material required by law or regulation or promotional
			 materials.
(c) A licensee no longer
			 has a continuing relationship with an individual if the individual's last known
			 address according to the licensee's records is deemed invalid. An address of
			 record is deemed invalid if mail sent to that address by the licensee has been
			 returned by the postal authorities as undeliverable and if subsequent attempts
			 by the licensee to obtain a current valid address for the individual have been
			 unsuccessful.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0650 - Information to Be Included in Annual Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule implements the requirement of
			 the annual notice under OAR 836-080-0645, describes the contents of the annual
			 notice and provides examples of categories of nonpublic personal financial
			 information required in the annual notice.
(2) The following are examples of categories
			 of nonpublic personal financial information collected by a licensee. A licensee
			 satisfies the requirement of categorizing the nonpublic personal financial
			 information it collects if the licensee categorizes it according to the source
			 of the information, as applicable:
(a)
			 Information from the consumer;
(b)
			 Information about the consumer's transactions with the licensee or its
			 affiliates;
(c) Information about
			 the consumer's transactions with nonaffiliated third parties; and
(d) Information from an insurance support
			 organization.