Oregon Administrative Code

836-071-0190 Registration of a School (1) Each school, other than a community college or four-year college or university, offering an insurance instruction program shall register with the director in order to provide pre-examination training for applicants for insurance producer …

836-071-0195 Revocation of Registration of a School; Reinstatement (1) The registration of an insurance school providing pre-examination training may be revoked by the Director if the Director determines that: (a) The insurance training program as registered is not being taught; …

836-071-0210 Statutory Authority; Purpose (1) OAR 836-071-0210 to 836-071-0250 are adopted under the authority of ORS 731.244 and 744.072 for the purpose of implementing 744.072, relating to continuing education for insurance producers. The purpose of OAR 836-071-0210 to 836-071-…

836-071-0215 Continuing Education Requirements for Insurance Producers; Hours; Credit for Experience and Coursework Each resident insurance producer is responsible for obtaining the credit hours required by this rule by enrolling in courses approved by the Director that serve the…

836-071-0220 Continuing Education; Documentation (1) For the purpose of furnishing evidence of completion of a course for which an insurance producer claims credit, the documentation applicable to the course shall be submitted as follows: (a) For a registered course taken for aca…

836-071-0225 Continuing Education; Standards for Granting Credit Hours (1) Subject to the subject matter requirements of OAR 836-071-0230, an insurance producer may receive credit for continuing education for a course taken for academic credit, for a course registered under OAR 8…

836-071-0230 Continuing Education; Course Qualification Guidelines (1) An insurance producer may receive credit for a course on one or more of the following general subject matters if the course also meets the requirements of OAR 836-071-0225: (a) Rating; (b) Insurance fundamenta…

836-071-0235 Provider Registration (1) A provider of continuing education courses must register with the Director in order to register courses under OAR 836-071-0240. A provider must register electronically in the method required by the Director. The registration of a provider sh…

836-071-0240 Course Registration (1) A provider registered under OAR 836-071-0235 shall apply to the director for registration of each course to be offered by the provider for continuing education credit. Application for registration shall be made electronically in the method req…

836-071-0242 Provider Trade Practices (1) A registered provider shall not engage in false, misleading or deceptive advertising. (2) A registered provider must disclose in writing the charges for a course to each insurance producer applying to take the course, prior to enrollment …

836-071-0245 Revocation of Provider Registration (1) The Director may revoke the registration of a provider if a course does not meet the requirements of OAR 836-071-0225 and 836-071-0230 or if the provider violates 836-071-0242. (2) A provider whose registration has been revoked…

836-071-0247 Requirements for Granting Credit; Attendance Records (1) A registered provider shall provide the Director with the meeting times and places of a registered course not later than the tenth day before the date that the course is given. (2) A registered provider shall n…

836-071-0250 Credit for Unregistered Courses (1) An insurance producer may apply for credit as provided in this rule for a course that is not offered for academic credit and is not registered. In order to apply for credit, the insurance producer must submit to the Director an app…

836-071-0260 Fees Charged by Insurance Producers (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 produc…

836-071-0263 Fees Charged by Insurance Consultants or Insurance Producers (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 …

836-071-0267 Incidental Charges for Customer Services; Personal, Commercial Lines (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…

836-071-0269 Purpose and Authority (1) OAR 836-071-0269 to 836-071-0277 regulate the charging of service fees by insurance producers. (2) ORS 737.025 states, in part, that the purpose of Insurance Code Chapter 737 (Rates and Rating Organization) is "to promote the public welfare …

836-071-0272 Scope of OAR 836-071-0269 to 836-071-0277; Definitions (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 in…

836-071-0274 Service Fees Prohibited on Personal Lines 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 …

836-071-0277 Service Fees Allowed on Commercial Lines; Conditions (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…

836-071-0280 Permitted and Prohibited Activities of Insurance Personnel Exempt from Insurance Producer License Requirement For purposes of ORS 744.056(2)(a): (1) An unlicensed person whose activities are executive, administrative, managerial, clerical or a combination of these an…

836-071-0285 Insurance Producer Review of Applications 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…

836-071-0287 Transaction of Group Life, Health Insurance by Insurance Producer without Appointment (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 …

836-071-0291 Certificate of Deposit in Lieu of Trust Account 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 certifica…

836-071-0295 Transaction of Insurance by Individual Insurance Producer for Appointed Firm or CorporateInsurance Producer An individual insurance producer affiliated by employment or contract with a firm or corporate insurance producer that is appointed by an insurer may transact …

836-071-0297 Permitted Transaction of Insurance by Unappointed Insurance Producer (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 insu…

836-071-0300 Requirement of Contract with or Employment of Licensee 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…

836-071-0310 Referral Fee from Oregon Medical Insurance Pool 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 …

836-071-0315 Managing General Agents; Dollar Amounts Governing Settlement Authority Procedures Under Contract with Insurer 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 per…

836-071-0320 Managing General Agents; Designation of Associations of Actuaries 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. (…

836-071-0321 Terms for OAR 836-071-0323 to 836-071-0346 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 f…

836-071-0323 License Applicants and Licensees with Prior Convictions (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 whe…

836-071-0326 Application by Person under OAR 836-071-0323 (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 insur…

836-071-0328 Unlicensed Individuals with Prior Convictions Who are Engaged or Participate in Business of Insurance (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 bus…

836-071-0331 Director's Procedures, Application for Consent 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 …

836-071-0336 Factors to be Considered by the Director 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 prop…

836-071-0341 Issuance of Written Consent 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 …

836-071-0346 Denial of Consent (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 determ…

836-071-0351 Subsequent Conviction of Person Previously Granted Written Consent 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 …

836-071-0354 Designated Agent 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 limite…

836-071-0355 Limited License Application, Rental Companies; Required Information (1) On and after October 1, 2000, a rental company must hold a limited license in order to transact insurance as authorized by ORS 744.854. An applicant for a limited license as a rental company as a…

836-071-0360 License Renewal (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 licen…

836-071-0370 List of Employees and Designated Agents Selling Coverage; Continuing Education (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…

836-071-0380 Course of Training for Training Program and for Continuing Education 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 e…

836-071-0390 Statewide Filing Officer (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 p…

836-071-0400 Applicable Insurance Code Statutes (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, 7…

836-071-0405 Statutory Purpose and Authority (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 …

836-071-0410 Limited License Application, Self-Service Storage Facility; Required Information (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 storag…

836-071-0415 Materials and Requirements of Application (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…

836-071-0420 Requirements for Limited Licensee, List of Employees Selling Coverage; Training Program (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 …