Oregon Bulletin
February 1, 2011
Rule
Caption: Adoption of Annual and
Supplemental Statement Blanks and Instructions for Reporting Year 2010.
Adm.
Order No.: ID 22-2010
Filed with Sec. of
State: 12-30-2010
Certified to be
Effective: 1-1-11
Notice Publication
Date: 12-1-2010
Rules Amended: 836-011-0000
Subject: This rulemaking prescribes, for reporting year 2010,
the required forms for the annual and supplemental financial statements
required of insurers and health care service contractors under ORS 731.574, as
well as the necessary instructions for completing the forms.
Rules Coordinator: Sue Munson—(503) 947-7272
836-011-0000
Annual Statement Blank and
Instructions
Annual Statement Blank and Instructions
(1) For the purpose of complying with ORS 731.574,
every authorized insurer, including every health care service contractor, shall
file its financial statement required by ORS 731.574 for the 2010 reporting
year on the annual statement blank approved for the 2010 reporting year by the
National Association of Insurance Commissioners, for the type or types of insurance
transacted by the insurer.
(2) Every authorized insurer, including every health
care service contractor, shall complete its annual statement blank under
section (1) of this rule for the 2010 reporting year, according to the
applicable instructions published for that year by the National Association of
Insurance Commissioners, for completing the blank, as required by ORS 731.574.
(3) Every authorized insurer, including every health
care service contractor, shall file each annual statement supplement for the
2010 reporting year, as required by the applicable instructions published for
that year by the National Association of Insurance Commissioners, and shall
complete the supplement according to those instructions.
(4) This rule is adopted under the authority of ORS
731.244, 731.574 and 733.210 for the purpose of implementing ORS 731.574 and
733.210.
Stat. Auth.: ORS 731.244, 731.574
& 733.210
Stats. Implemented: ORS 731.574
& 733.210
Hist.: ID 8-1993, f. & cert.
ef. 9-23-93; ID 10-1994, f. & cert. ef. 12-14-94; ID 7-1995, f. & cert.
ef. 11-15-95; Renumbered from 836-013-0000; ID 4-1996, f. 2-28-96, cert. ef.
3-1-96; ID 16 -1996, f. & cert. ef. 12-16-96; ID 11-1997, f. & cert.
ef. 10-9-97; ID 16-1998, f. & cert. ef. 11-10-98; ID 5-1999, f. & cert.
ef. 11-18-99; ID 1-2001, f. & cert. ef. 2-7-01; ID 4-2002, f. & cert.
ef. 1-30-02; ID 6-2003, f. & cert. ef. 12-3-03; ID 1-2006, f. & cert.
ef. 1-23-06; ID 9-2007, f. & cert. ef. 11-8-07; ID 1-2009, f. & cert.
ef. 1-29-09; ID 11-2009, f. & cert. ef. 12-9-09; ID 22-2010, f. 12-30-10,
cert. ef. 1-1-11
Rule Caption: Changes in
process for applying for insurance license.
Adm.
Order No.: ID 23-2010
Filed with Sec. of
State: 12-30-2010
Certified to be
Effective: 1-1-11
Notice Publication
Date: 11-1-2010
Rules Adopted: 836-071-0118
Rules Amended: 836-009-0007, 836-071-0110, 836-071-0120
Subject: These rules restructure the order in which a person
applies for a license to eliminate a pre-approval process that is currently
conducted before other steps in the licensing process, such as examinations and
background checks. Under the reorganized process, the pre-approval requirement
is deleted entirely. The applicant will now complete all other steps in the
licensing process before submitting the application to the Insurance Division.
To clarify the
process, a new rule states the order of the process for applying for a license.
The rules also
amend the fee schedule for examinations, in most cases reducing the amount of
the fee; if the fee is not reduced, it remains unchanged.
Rules Coordinator: Sue Munson—(503) 947-7272
836-009-0007
Fees
(1) The following fees apply to certificates of
authority:
(a) The fee for application for a certificate of
authority to transact insurance as an insurer is $2,500. The fee for
application as a domestic insurer must be paid when application for a permit to
organize as a domestic insurer is made. Otherwise, the fee must be paid when
the application for the certificate is made;
(b) The fee for annual continuation of a certificate of
authority issued under subsection (a) of this section is $1,500;
(c) The fee for reinstatement of a certificate of
authority is $100.
(2) The fees in this section apply to examinations for
licenses for insurance producers, adjusters and insurance consultants. The fees
may be charged by the examination vendor under contract with the Department of
Consumer and Business Services and are as follows:
(a) Examination fees:
(A) Insurance producer, property and casualty insurance
or life and health insurance — $55;
(B) Insurance producer, property insurance only,
casualty insurance only, personal lines insurance only, life insurance only or
health insurance only — $45;
(C) Surplus lines licensee — $45;
(D) Adjuster, general lines insurance or life and
health insurance — $45;
(E) Adjuster, health insurance or any single other line
designated by rule — $45;
(F) Consultant, life and health insurance or general
lines insurance — $55;
(G) Consultant, life insurance only, health insurance
only or any other single line designated by rule — $45;
(b) Reexamination fees, to be charged when the applicant
retakes an examination:
(A) Insurance producer, property and casualty insurance
or life and health insurance — $55
(B) Insurance producer, property insurance only,
casualty insurance only, personal lines insurance only, life insurance only or
health insurance only — $45;
(C) Surplus lines licensee — $45;
(D) Adjuster, general lines insurance or life and
health insurance — $45;
(E) Adjuster, health insurance or any single other line
designated by rule — $45;
(F) Consultant, life and health insurance or general
lines insurance — $55;
(G) Consultant, life insurance only, health insurance
only or any other single line designated by rule — $45;
(c) For purposes of the fees charged under subsections
(a) and (b) of this section:
(A) Surety is included in the casualty insurance line
and marine and transportation insurance may be included in the property
insurance line or the casualty insurance line; and
(B) The personal lines line is a subcategory of the
casualty insurance line. Consequently, a person who holds a license that is
endorsed to transact casualty insurance need not obtain a separate endorsement
to transact personal lines insurance.
(3) The following fees apply to application for
licenses for insurance producers, adjusters and insurance consultants:
(a) Resident insurance producer — $30;
(b) Nonresident insurance producer — $30;
(c) Adjuster — $30;
(d) Insurance consultant — $30.
(4) The following fees apply to issuance of licenses
for insurance producers, adjusters and insurance consultants:
(a) Resident insurance producer — $45;
(b) Nonresident insurance producer — $45;
(c) Adjuster — $45;
(d) Insurance consultant — $45;
(e) In addition, the actual cost of any criminal
records check under 836-072-0010. The amount charged will not exceed the actual
cost of acquiring and furnishing criminal offender information as authorized by
ORS 181.534(9)(g).
(5) The examination fee under section (2) of this rule
must be paid to the examination vendor. The application fee under section (3)
of this rule and the license issuance fee under section (4) of this rule must
be paid at the same time. There is no refund of the application and examination
fees. Refund of the license issuance fee is governed by section (14) of this
rule.
(6) The fees established in this section apply to the
renewal of licenses for insurance producers, adjusters and insurance
consultants. A license expires biennially in the month of the individual’s
birthday anniversary. The fees are as follows:
(a) Resident insurance producer — $45;
(b) Nonresident insurance producer — $45;
(c) Adjuster — $45;
(d) Insurance consultant — $45.
(7) The applicable fee under sections (3) and (4) of
this rule shall be paid for each category of insurance business appearing on a
license.
(8) The following fees apply to certificates of
registration for legal expense organizations:
(a) Application for a certificate of registration --
$350;
(b) Renewal of certificate of registration -- $350. The
fee under this subsection shall be paid annually.
(9) Annual registration of a foreign risk retention
group -- $350. The fee under this section shall be paid at the time of initial
registration and annually thereafter.
(10) Annual registration of a purchasing group -- $100.
The fee under this section shall be paid at the time of initial registration
and annually thereafter.
(11) The license for a rating organization -- $180. The
fee under this section shall be paid at the time of initial licensing and
triennially thereafter.
(12) The fee for filing a statement by an acquiring
party under ORS 732.521 for the purpose of acquiring a controlling interest in
an insurer (a “Form A” filing as prescribed in OAR 836-027-0100) is $50 per
hour of Division staff time spent on reviewing the statement, with a minimum
fee of $5,000.
(13) The Fire Marshal shall pay $50,000 each year for
services provided by the Department in the collection of gross premium taxes on
insurance covering the peril of fire under ORS 731.820.
(14) Fees paid as required under this rule are not
refundable except as provided in this section. If the Director determines that
an amount paid exceeds the amount legally due and payable to the Department and
the amount of the overpayment is less than $20, the Department shall refund the
amount only upon receipt of a written request from the payer or the
representative of the payer. A fee paid for a license under section (4) of this
rule is refundable if the license applicant fails the examination or if the
license is otherwise not issued to the applicant.
(15) The amendments to section (2)(a), (b) and (d) of
this rule that were filed in ID 15-2002 with the Secretary of State on June 26,
2002 to become effective on July 1, 2002, are re-adopted with the operative
date of July 1, 2002, and those same amendments to section (2)(a) and (b) of
this rule are repealed effective July 1, 2003.
Stat. Auth.: ORS 181.534, 293.445,
731.244, 731.804 & 744.037
Stats. Implemented: ORS 181.534,
731.804, 744.001, 744.002, 744.004, 744.007, 744.058, 744.062, 744.063,
744.064, 744.072, 744.528, 744.531, 744.535, 744.619 & 744.621
Hist.: ID 6-1989(Temp), f. &
cert. ef. 7-3-89; ID 14-1989, f. 12-12-89, cert. ef. 1-1-90; ID 21-1990, f.
& cert. ef. 12-18-90; ID 4-1991, f. & cert. ef. 4-25-91; ID 8-1991, f.
& cert. ef. 10-21-91; ID 7-1993, f. & cert. ef. 9-3-93; ID 16-1997, f.
11-25-97, cert. ef. 1-1-98; ID 6-1999, f. 12-13-99, cert. ef. 1-1-00; ID 14-2000,
f. 12-27-00, cert. ef. 1-1-01; ID 13-2001, f. 11-16-01, cert. ef. 1-1-02; ID
15-2002, f. 6-26-02, cert. ef. 7-1-02; ID 4-2003(Temp), f. 6-30-03, cert. ef.
7-1-03 thru 12-19-03; ID 8-2003, f. 12-12-03, cert. ef. 12-19-03; ID 8-2005, f.
5-18-05, cert. ef. 8-1-05; ID 11-2007(Temp), f. & cert. ef. 12-11-07 thru
6-1-08; ID 7-2008, f. 5-20-08, cert. ef. 6-2-08; ID 2-2010, f. 1-8-10, cert.
ef. 2-1-10; ID 23-2010, f. 12-30-10, cert. ef. 1-1-11
836-071-0110
Fingerprints
All fingerprints furnished to the Director by an
applicant for a license shall be forwarded to the Identification Division,
Oregon State Police for processing and search. If the Department and an
examination administrator agree by contract that the examination administrator
will perform the duties of obtaining fingerprints of applicants and submitting
the fingerprints for Oregon or nationwide criminal history checks, an applicant
shall submit the fingerprint card according to the requirements and
instructions of the examination administrator.
Stat. Auth.: ORS 181.534, 705.135
& 731.244
Stats. Implemented: ORS 181.534,
705.141, 744.001 & 744.059
Hist.: ID 3-1990, f. & cert.
ef. 1-19-90; ID 23-2010, f. 12-30-10, cert. ef. 1-1-11
836-071-0118
Requirements That Must Be
Completed Prior to Submitting Licensing Application to Director
Before submitting an application for a license to the
Director, the applicant must complete the following steps in the application
process:
(1) Completion of all pre-examination training and
experience requirements under OAR 836-071-0180;
(2) Submission of fingerprints under OAR 836-071-0119;
(3) Satisfactory passage of a licensing examination
under OAR 836-071-120 and 836-071-0127; and
(4) Completion of a criminal history check as set forth
in OAR 836-072-0001.
Stat. Auth.: ORS 731.244, 731.804,
744.001, 744.003, 744.058, 744.535, 744.619 & 744.621
Stats. Implemented: ORS 744.001,
744.003, 744.058, 744.535, 744.619 & 744.621
Hist.: ID 23-2010, f. 12-30-10,
cert. ef. 1-1-11
836-071-0120
Examination Procedure
(1) To take an examination, an applicant must register
with the examination administrator in advance of the examination.
(2) The administrator of the examination may require
photographic identification of the applicant at the examination site.
(3) To be admitted to the examination site, an
applicant must submit to the examination administrator either of the following
as proof of satisfactory completion of required training:
(a) A signed certificate of insurance pre-examination
training taken at a school registered under OAR 836-071-0190. The signed
certificate must include the applicant’s name, the classes of insurance for
which training was received, the school name, the date on which the training
was completed and the signature of a person authorized by the school to sign
such certificates; or
(b) Proof of completion of the required pre-examination
insurance training at an accredited college or university.
Stat. Auth.: ORS 731.244, 731.804,
744.001, 744.003, 744.058, 744.535, 744.619 & 744.621
Stats. Implemented: ORS 744.001,
744.003, 744.058, 744.535, 744.619 & 744.621
Hist.: ID 3-1990, f. & cert.
ef. 1-19-90; ID 4-1991, f. & cert. ef. 4-25-91; ID 9-2002, f. & cert.
ef. 3-18-02; ID 23-2010, f. 12-30-10, cert. ef. 1-1-11
Rule
Caption: Insurer Provision of Commercial
Loss Runs to Policyholders.
Adm.
Order No.: ID 24-2010
Filed with Sec. of
State: 12-30-2010
Certified to be
Effective: 3-1-11
Notice Publication
Date: 11-1-2010
Rules Adopted: 836-080-0800, 836-080-0805, 836-080-0810
Subject: In order to provide proposals or bind commercial
property, commercial liability including umbrella or excess policies, workers’
compensation, and commercial automobile insurance, most property and casualty
insurers require the prospective insured to provide official documentation from
their prior insurer regarding reported losses on all reported claims (“loss
runs”). These rules require certain property and casualty insurers or their
appointed producers of record to provide loss runs on a timely basis to current
and prior commercial policyholders, upon the request of the policyholder.
Rules Coordinator: Sue Munson—(503) 947-7272
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 valuation date, but not more
than 90 days prior to the date of the request for loss runs.
Stat. Auth.: ORS 731.244
Stats. Implemented: ORS 746.160
& 746.240
Hist.: ID 24-2010, f. 12-30-10,
cert. ef. 3-1-11
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 836-080-0800 to 836-080-0810 is
to require certain property and casualty insurers or their appointed producers
of record to provide loss runs on a timely basis to current and prior
commercial policyholders, upon request by the policyholder to the insurer or
its appointed producer of record.
(3)(a) Except as provided in subsection (b) of this
section, OAR 836-080-0800 to 836-080-0810 apply with respect to all commercial
property, commercial liability including umbrella or excess policies, and
commercial automobile insurance except title and surety insurance.
(b) OAR 836-080-0810(2) applies only to workers’
compensation insurance.
Stat. Auth.: ORS 731.244
Stats. Implemented: ORS 746.160
& 746.240
Hist.: ID 24-2010, f. 12-30-10,
cert. ef. 3-1-11
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 appointed producer of record. The insurer
shall provide five years of loss runs, or, if the commercial policyholder has
been insured with that insurer for less than five years, for the entire period
the policyholder has been insured with that insurer.
(2) Loss runs related to workers’ compensation
insurance shall not include confidential worker medical and vocational claim
records pursuant to ORS 656.360 and 656.362.
(3) Violation of this rule is an unfair trade practice
for the purpose of ORS 746.240.
Stat. Auth.: ORS 731.244
Stats. Implemented: ORS 746.160
& 746.240
Hist.: ID 24-2010, f. 12-30-10,
cert. ef. 3-1-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use |