Oregon Administrative Code

836-071-0425 Limited 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) A limited licens…

836-071-0430 Remission to Insurer; Funds Held in Trust; Compensation (1) If authorized by an insurer the limited licensee that bills and collects the cost of self-service storage insurance coverage from an enrolled customer is not required to deposit the amount paid in a segregat…

836-071-0450 Requirements for Limited Travel Insurance Producer and Travel Retailer (1) In order to comply with ORS 744.104(2)(b), a limited travel insurance producer shall: (a) Establish and maintain a register containing all of the information required under ORS 744.104(2)(a); …

836-071-0500 Nonresident Licensing and Placement Requirements (1) This rule establishes requirements that a nonresident surplus lines licensee or a nonresident insurance producer not licensed in this state must satisfy in connection with placement of a surplus lines insurance pol…

836-071-0501 Allocation of Coverage Totals on Multi-state Policies (1) This rule establishes requirements that a surplus lines licensee must satisfy in connection with the reporting of a surplus lines insurance policy where Oregon is determined to be the home state as defined in …

836-071-0550 Statutory Purpose and Authority (1) OAR 836-071-0550 to 836-071-0570 apply to vendors who sell or lease portable electronics devices, including but not limited to cell phones or electronic tablets, and wish to issue, sell or offer for sale portable electronics insura…

836-071-0560 Limited License Application, Portable Electronics Insurance Coverage; Required Information (1) An applicant for a portable electronics limited license shall submit electronically to the director of the Department of Consumer and Business Services a portable electroni…

836-071-0565 Limited 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) A limited licens…

836-071-0570 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 or offer for sale portable electron…

836-071-1100 Purpose and Scope This rule governs the qualifications and procedures for the licensing of public adjusters. It specifies the duties of and restrictions on public adjusters, which include limiting their licensure to assisting insureds in first party claims, excluding…

836-071-1105 Definitions “Public adjuster” means any person who, for compensation or any other thing of value on behalf of the insured: (1) Acts or aids, solely in relation to first party claims arising under insurance contracts that insure the real or personal property of the in…

836-071-1110 License Required (1) A person shall not act, hold themselves out as a public adjuster, solicit, or negotiate a contract for public adjusting services in this state unless the person is licensed as a public adjuster in this state. (2) A person licensed as a public adj…

836-071-1115 Application for License A person applying for a public adjuster license shall make application to the director as outlined in ORS 744.518, OAR 836-071-0101, OAR 836-071-0105, OAR 836-071-0110, and OAR 836-071-0118. Statutory/Other Authority: ORS 731.244 Statutes/Othe…

836-071-1120 Resident Adjuster Qualification The director may issue a public adjuster license to a resident applicant under this section if the director finds that the applicant: (1) Submitted a complete and accurate application in accordance with OAR 836-071-1115; and (2) Satisf…

836-071-1125 Nonresident Adjuster Qualification The director may issue a public adjuster license to a nonresident applicant under this section if the director finds that the applicant: (1) Submitted a complete and accurate application in accordance with OAR 836-071-1115; and (2) …

836-071-1130 Examination An individual applying for a public adjuster license under this rule shall pass a written examination in accordance with OAR 836-071-0120 and OAR 836-071-0127. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-20…

836-071-1135 Exemptions from Examination (1) An individual who applies for a public adjuster license in this state who was previously licensed as a public adjuster in another state based on an public adjuster examination shall not be required to complete any prelicensing examinat…

836-071-1140 Nonresident License Reciprocity (1) The director may issue a nonresident public adjuster license to a person under this section if the director finds: (a) The person is currently licensed as a resident public adjuster and in good standing in his or her home state; (b…

836-071-1145 License (1) A public adjuster license shall remain in effect unless revoked, terminated or suspended as long as a request for renewal is filed, the fee set forth in OAR 836-071-0130 and OAR 836-009-0007 is paid and any other requirements for license renewal are met b…

836-071-1150 License Denial, Non-renewal or Revocation The director may place on probation, suspend, revoke, refuse to issue or renew, or otherwise limit or amend a public adjuster’s license in accordance with ORS 744.584. Statutory/Other Authority: ORS 731.244 Statutes/Other Imp…

836-071-1155 Continuing Education An individual, who holds a public adjuster license shall satisfactorily complete the continuing education requirements as provided in ORS 744.521(2)(a)(B). Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID…

836-071-1160 Public Adjuster Fees (1) A public adjuster shall not pay a commission, service fee or other valuable consideration to a person for investigating or settling claims in this state if that person is required to be licensed under this rule and is not so licensed. (2) A p…

836-071-1165 Contract Between Public Adjuster and Insured (1) Public adjusters shall ensure that all contracts for their services are in writing and contain the following terms: (a) Legible full name of the adjuster signing the contract, as specified in Department of Consumer and…

836-071-1170 Licensee’s Place of Business A public adjuster shall maintain a place of business and all of the usual, customary and required records in accordance with ORS 744.578. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, a…

836-071-1175 Escrow or Trust Accounts A public adjuster who receives, accepts or holds any funds on behalf of an insured, towards the settlement of a claim for loss or damage, shall deposit the funds in a non-interest bearing escrow or trust account in a financial institution tha…

836-071-1180 Record Retention (1) A public adjuster shall maintain a complete record of each transaction as a public adjuster. The records required by this section shall include the following: (a) Name of the insured; (b) Date, location and amount of the loss; (c) Copy of the con…

836-071-1185 Standards of Conduct of Public Adjuster (1) A public adjuster is obligated, under their license, to serve with objectivity and complete loyalty the interest of their client alone; and to render to the insured such information, counsel and service, as within the knowl…

836-071-1190 Notices Required The public adjuster shall report to the director any of the conditions specified in ORS 744.581. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.521 History: ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025

836-071-1195 Unlicensed Actors A person or entity commits a fraudulent insurance act if they: (1) Represents or advertises themself to be a public adjuster who has not met the requirements of licensure under this rule. (2) Conducts business for which a license is required under t…

836-072-0001 Applicability of and authority for OAR 836-072-0001 to 836-072-0045 (1) OAR 836-072-0001 to 836-072-0045 are adopted to carry out the authority of the Department of Consumer and Business Services under ORS 181.534 to request an Oregon LEDS-based criminal history chec…

836-072-0005 Definitions (1) “Applicant” means an applicant applying for any of the following: (a) An initial resident license. (b) A renewal of a resident license. (c) An additional line of authority under an existing resident license when a criminal history record check has not…

836-072-0010 Criminal Records Check Process (1) An authorized designee: (a) Shall conduct a LEDS-based criminal history check and request that the Oregon Department of State Police conduct a criminal records check for all applicants for an initial license; and (b) May conduct a L…

836-072-0015 Fitness Determination (1) An authorized designee shall make a fitness determination about an applicant based on information provided by the applicant under OAR 836-072-0010, any LEDS-based criminal history check or other criminal history check conducted and any false…

836-072-0020 Crimes Relevant to a Fitness Determination The following crimes are relevant to a fitness determination under OAR 836-072-0001 to 836-072-0045, to the extent not inconsistent with ORS 670.280: (1) Permanent review crimes. ORS 162.015, Bribe giving; ORS 162.025, Bribe…

836-072-0025 Incomplete Fitness Determination (1) The Department may close a final fitness determination as incomplete when: (a) Circumstances change so that an applicant is no longer subject to OAR 836-072-0001 to 836-072-0045; (b) The applicant does not provide materials or inf…

836-072-0030 Notice to Applicant of Fitness Determination (1) An authorized designee shall provide, in a format approved by the Department, written notice to an applicant upon completion of a final fitness determination that denies issuance or renewal of a license, or upon the cl…

836-072-0035 Appealing a Fitness Determination (1) This rule establishes a contested case hearing process by which an applicant may appeal a completed final fitness determination made under OAR 836-072-0015 that the applicant is fit or not fit for a license described in 836-072-0…

836-072-0040 Recordkeeping and Confidentiality (1) An authorized designee must document in writing a preliminary or final fitness determination or the closing of a fitness determination due to incompleteness. (2) All records that the Department receives from the Oregon Department…

836-072-0045 Authorized Designees (1) Authorized designees shall be employees holding positions within the Department that have been designated by the Director to include the responsibilities of an authorized designee. (2) Appointment to a position designated under section (1) of…

836-074-0005 Statutory Authority; Effective Date OAR 836-074-0005 to 836-074-0050 are adopted under the general rulemaking authority of the Director of the Department of Consumer and Business Services under ORS 731.244 for the purpose of carrying out 744.083. Statutory/Other Auth…

836-074-0010 Definitions As used in OAR 836-074-0005 to 836-074-0050: (1) “Insurance producer includes any person who is licensed by the Department as a resident insurance producer. (2) "Premium Fund" and "Premium Funds" means any premium or other consideration received from or o…

836-074-0015 Director’s Enforcement Authority The Director may apply any sanction for violation of ORS 744.225 that the Director may apply for any other violation of the Insurance Code or rules adopted thereunder. Statutory/Other Authority: ORS 731 Statutes/Other Implemented: ORS…

836-074-0017 Exemptions OAR 836-074-0005 to 836-074-0050 do not apply to: (1) An insurance producer who is exclusively a salaried employee of an insurer. (2) An insurance producer who sells only industrial life insurance, as that term is defined in ORS 731.166. Statutory/Other Au…

836-074-0020 Premium Funds Trust Account (1) Except as otherwise provided in OAR 836-074-0025, an insurance producer shall deposit in one or more premium funds trust accounts all premium funds received by the insurance producer under the insurance producer’s license. Each trust a…

836-074-0025 Deposit and Payment of Funds An insurance producer shall deposit and pay premium funds received as provided in this rule. When deposit is required, the insurance producer shall deposit the funds not later than the seventh day after they are received. When a payment i…

836-074-0030 Advancing Return Premiums An insurance producer may advance return premiums from funds of the insurance producer other than from a trust account of the insurance producer, in anticipation of receiving a credit for the return premium from the insurer. When the insuran…

836-074-0035 Other Permissible Funds (1) An insurance producer may not deposit in a premium fund trust account any funds other than premium funds, except as follows: (a) Funds reasonably sufficient to pay bank charges; (b) Funds that the insurance producer determines to be pruden…

836-074-0040 Interest on Trust Funds Unless an insurance producer and the insurer agree to the contrary, interest earned in a premium funds trust account may be retained by the insurance producer and: (1) Used to offset bank charges; or (2) Removed to the operating account of the…

836-074-0045 Accounting Records; Inspection (1) An insurance producer shall establish and maintain records and an appropriate accounting system for all premium funds received by the insurance producer as provided in this rule. (2) Unless otherwise authorized by the Director, an i…

836-074-0047 Examinations and Audits (1) The Director may examine or audit any trust account and any accounting records of premium funds as the Director determines necessary. (2) The examination or audit shall be performed at the expense of the insurance producer, when the trust …