Oregon Administrative Code

836-080-0670 Authorization Exemptions (1) A licensee or insurance-support organization may disclose personal or privileged information about an individual collected or received in connection with a health insurance transaction without obtaining the written authorization required …

836-080-0675 Disclosure Without Authorization Unless disclosure is otherwise permitted pursuant to OAR 836-080-0665 or 836-080-0670, a licensee may disclose personal financial information about an individual to a nonaffiliated third party without obtaining the written authorizati…

836-080-0680 Opt in Notice; Form of Opt Out Notice to Consumers and Opt Out Methods for Purpose of OAR 836-080-0675 (1) Form of opt in notice. The form of the disclosure authorization (the opt in form) is governed by OAR 836-080-0665 and is used with respect to disclosures of per…

836-080-0685 Limits on Sharing Account Number Information for Marketing Purposes (1) General prohibition on disclosure of account numbers. A licensee shall not, directly or through an affiliate, other than to a consumer reporting agency, disclose a policy number or similar form o…

836-080-0690 Authorization Request Delivery A request for authorization and an authorization form may be delivered to a consumer or a customer as part of a notice under OAR 836-080-0615, 836-080-0620 or 836-080-0625 if the request and the authorization form are clear and conspicu…

836-080-0695 Access to Recorded Personal Information (1) If an individual or personal representative of an individual, after proper identification, submits a written request to an insurer, insurance producer or insurance-support organization for access to recorded personal inform…

836-080-0700 Correction, Amendment or Deletion of Recorded Personal Information (1) Within 30 business days from the date of receipt of a written request from an individual to correct, amend or delete any recorded personal information about the individual within its possession, a…

836-080-0750 Purpose; Statutory Authority (1) OAR 836-080-0750 to 836-080-0775 establish standards for protecting active duty service members of the United States Armed Forces from dishonest and predatory insurance sales practices by declaring certain identified practices to be f…

836-080-0755 Application of OAR 836-080-0750 to 836-080-0775 (1) OAR 836-080-0750 to 836-080-0775 apply only to the solicitation or sale of any life insurance or annuity product by an insurer or insurance producer to an active duty service member of the United States Armed Forces…

836-080-0760 Definitions for OAR 836-080-0750 to 836-080-0775 The following definitions apply to OAR 836-080-0750 to 836-080-0775: (1) “Active Duty” means full-time duty in the active military service of the United States and includes members of the reserve component (National Gu…

836-080-0765 Practices Declared False, Misleading, Deceptive or Unfair on a Military Installation (1) The following acts or practices when committed on a military installation by an insurer or insurance producer with respect to the in-person, face-to-face solicitation of life ins…

836-080-0770 Practices Declared False, Misleading, Deceptive or Unfair, Regardless of Location (1) The following acts or practices by an insurer or insurance producer constitute corrupt practices, improper influences or inducements and are declared to be false, misleading, decept…

836-080-0775 Severability If any provisions of OAR 836-080-0750 to 836-080-0775 or their application to any person or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of 836-080-0750 to 836-080-0775 that ca…

836-080-0800 Definitions As used in OAR 836-080-0800 to 836-080-0810, “loss runs” means information about a current or prior commercial policyholder’s reported losses, including paid amounts on all reported claims. Such losses shall be valued as of the insurer’s most current valu…

836-080-0805 Statutory Authority, Purpose, and Applicability (1) OAR 836-080-0800 to 836-080-0810 are adopted by the Director of the Department of Consumer and Business Services pursuant to the Director’s general rulemaking authority in ORS 731.244. (2) The purpose of OAR 836-080…

836-080-0810 Provision of Commercial Loss Runs (1) Property and casualty insurers or their appointed producers of record shall make loss runs available to current and prior commercial policyholders within 15 calendar days upon request by the policyholder to the insurer or its app…

836-080-0900 Definitions As used in OAR 836-080-0900 to 836-080-0905: (1) “Covered loss” means any loss, damage, or injury that would be covered by a property and casualty personal lines policy unless arising out of an act or omission of a person insured under such policy. (2) “I…

836-080-0905 Language used for co-insureds on property and casualty personal lines policies No property and casualty personal lines policy may contain any provision or other language that would deny coverage to any innocent person insured under such policy for any covered loss ar…

836-081-0005 Statutory Authority; Purpose; Definitions (1) OAR 836-081-0005 and 836-081-0010 are adopted by the Director of the Department of Consumer and Business Services pursuant to the general rulemaking authority in ORS 731.244. (2) OAR 836-081-0005 and 836-081-0010 identify…

836-081-0010 Unfair Discrimination — Insurance Other than Life or Health Insurance (1) An insurer decision on the availability of insurance for an individual, other than life or health insurance, that is based on any of the following characteristics is considered to be unfair dis…

836-081-0020 Statutory Authority; Purpose; Applicability (1) OAR 836-081-0020 and 836-081-0030 are adopted pursuant to the general rulemaking authority of the Director of the Department of Consumer and Business Services in ORS 731.244 as an aid in effectuation of 746.015(2). (2) …

836-081-0030 Unfair Discrimination Acts or Practices (1) The following acts and practices constitute unfair discrimination between individuals of the same class when an insurer engages in one or more of them solely because of blindness or partial blindness of an individual: (a) R…

836-081-0101 Purpose, Policy, Authority and Effective Date (1) OAR 836-081-0101 to 836-081-0126 are adopted by the Director of the Department of Consumer and Business Services under the authority of ORS 731.244 for the purpose of implementing: (a) ORS 746.240, relating to trade p…

836-081-0106 Definitions For purposes of OAR 836-081-0101 to 836-081-0126, the following definitions apply: (1) "Customer" means a customer of the licensee as the term "customer" is defined in ORS 746.600(10). (2) "Customer information" means personal information as defined in OR…

836-081-0111 Information Security Program (1) Each licensee shall implement a comprehensive written information security program that includes administrative, technical and physical safeguards for the protection of customer information. The administrative, technical and physical …

836-081-0116 Objectives of Information Security Program A licensee’s information security program shall be designed to: (1) Ensure the security and confidentiality of customer information; (2) Protect against any anticipated threats or hazards to the security or integrity of the …

836-081-0121 Examples of Methods of Development and Implementation The actions and procedures described in this rule are examples of methods of implementation of the requirements of OAR 836-081-0111 and 836-081-0116. These examples are nonexclusive illustrations of actions and pr…

836-081-0126 Unfair Insurance Trade Practice Violation of any provision of OAR 836-081-0101 to 836-081-0126 is an unfair trade practice for purposes of ORS 746.240. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.240 History: ID 2-2003, f. & cert. ef. 3…

836-082-0050 Statutory Authority OAR 836-082-0055 is adopted by the Director of the Department of Consumer and Business Services pursuant to the authority of the Director: (1) To carry out the prohibition in ORS 746.015 against unfair discrimination in the availability of insuran…

836-082-0055 Continuance of Group Health Insurance Coverage in Situations Involving Replacement (1) This rule: (a) Establishes the liable insurer when one insurer's group health policy or contract providing coverage for hospital or medical services or expenses replaces a policy o…

836-085-0001 Statutory Authority; Purpose; Applicability (1) OAR 836-085-0001 to 836-085-0050 are adopted pursuant to the general rulemaking authority of the Director of the Department of Consumer and Business Services in ORS 731.244 to aid in implementing ORS 737.330, 746.160 an…

836-085-0005 Definitions As used in OAR 836-085-0001 to 836-085-0050: (1) "Cancellation" means termination of a policy at a date other than its expiration date. (2) "Expiration date" means the date upon which coverage under a policy ends. For a policy written for a term longer th…

836-085-0010 Midterm Cancellation (1) A policy of commercial insurance may not be cancelled by the insurer prior to the expiration date of the policy, except on one or more of the following grounds: (a) Nonpayment of premium; (b) Fraud or material misrepresentation made by or wit…

836-085-0011 Hearing on Cancellation Within 30 days after receiving a notice of cancellation under OAR 836-085-0010, an insured may request a hearing before the Director. The purpose of this hearing shall be limited to establishing the existence of the proof or evidence given by …

836-085-0015 Long-term Cancellation If a policy is issued for a term longer than one year, and for additional consideration a premium is guaranteed, the insurer may not refuse to renew the policy or increase the premium for the term of that policy. Statutory/Other Authority: ORS …

836-085-0025 Renewal with Altered Terms (1) If an insurer offers or purports to renew a policy of insurance on terms less favorable to the insured or at higher rates, the new terms or rates may take effect on the renewal date if the insurer provides 30 days' written notice to the…

836-085-0035 Cancellation or Nonrenewal Notice (1) If a risk sharing plan exists under ORS Chapter 735 for the kind of coverage cancelled or nonrenewed, notice of cancellation or nonrenewal required under OAR 836-085-0010(2) is not effective unless the notice contains adequate in…

836-085-0040 Cancellation for Nonpayment of Premium OAR 836-085-0035 does not apply if the ground for cancellation or nonrenewal is nonpayment of the premium and if the notice so states. Statutory/Other Authority: ORS 731 Statutes/Other Implemented: ORS 746.045, 746.055, 746.160(…

836-085-0045 Unfair Trade Practices (1) Failure of an insurer to comply with OAR 836-085-0010 to 836-085-0050 constitutes an unfair trade practice under ORS 746.240. (2) A midterm premium increase or a policy coverage reduction attempted or executed in nonconformance with ORS 737…

836-085-0050 Proof of Notice A post office certificate of mailing to the named insured at the named insured's last-known address constitutes conclusive proof that the named insured received the notice of cancellation or nonrenewal on the third calendar day after the date of the c…

836-085-0055 Cancellation and Renewal of Commercial Package Policies (1) A commercial package policy that includes commercial liability insurance coverage is subject to ORS 742.702 (Grounds for cancellation) and ORS 742.706 (Renewal), governing the cancellation and renewal of com…

836-085-0201 Statutory Authority; Purpose; Applicability (1) OAR 836-085-0201 to 836-085-0230 are adopted pursuant to the specific authority of 737.322, and the general rulemaking authority of the Director in ORS 731.244, to carry out 746.240 and the orderly administration of ORS…

836-085-0205 Definitions As used in OAR 836-085-0201 to 836-085-0230, unless the context requires otherwise: (1) “Experience Rating” means the prospective modification of a workers’ compensation insurance premium according to the Experience Rating Plan Manual of the National Coun…

836-085-0210 Adjustment for Experience of Employer; Calculation of Tentative Modification Factors For purposes of OAR 836-085-0201 to 836-085-0230: (1) An insurer shall adjust for experience of an employer by multiplying the insurance premium by the modification factor. (2) An in…

836-085-0215 Insurer Implementation of Employer Experience Rating Modifications (1) An insurer may apply to a policy for an individual employer as of the policy inception date, or as of the normal anniversary rating date, if different, the experience rating modification factors f…

836-085-0217 Employer Failure to Cooperate; Appeal (1) As provided in this rule, sections (2) and (3) of OAR 836-085-0215 do not apply if the rating organization is unable to calculate the modification factor for an insured employer because the employer has failed to cooperate in…

836-085-0225 Unfair Trade Practices (1) Retroactive application of experience rating modification factors in any manner other than provided for in OAR 836-085-0215 constitutes an unfair trade practice under ORS 746.240. (2) Failure of an insurer or rating organization to comply w…

836-085-0230 Penalties for Late Submission of Rating Data (1) When the Director imposes a civil penalty for violation of OAR 836-042-0045, the civil penalty shall be not less than $100 for each failure by the insurer to submit the data on the date that the submission of data is d…

836-100-0100 Authority; Purpose; Scope (1) OAR 836-100-0100 to 836-100-0120 are adopted by the Director of the Department of Consumer and Business Services pursuant to ORS 743.061. The purpose of OAR 836-100-0100 to 836-100-0120 is to establish the uniform administrative standard…

836-100-0105 Definitions (1) “Electronic transaction” means to conduct a transaction: (a) Through the use of a computer program or an electronic or other automated means independently to initiate an action or respond to electronic records or performances in whole or in part, with…