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This page contains notices of proposed rulemaking by the Insurance Division. For each rulemaking, you will find the hearing date (if any) and the deadline for comment, as well as the notice of hearing and the text of the proposal.
Pending rulemaking includes:
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| Proposed Amendment and Adoption of Oregon Administrative Rules Relating to Insurance licensing: Primarily – charges for criminal records checks and qualifications for crop insurance adjusters |
These proposed rules:
- Explain that the agency will charge a fee for the actual cost of a criminal records check, among the fees that apply to the issuance of licenses for insurance producers, adjusters and consultants. OAR 836-009-0007(4)(e);
- Provide consistent expiration time frames for producer, adjuster, and consultant licenses. OAR 836-009-0007(6);
- Clarify that the exemption to the adjuster licensing examination in ORS 744.535(2) applies only to non-resident adjuster licensing. OAR 836-071-0101(3);
- Designate crop insurance as a distinct class of insurance for the purpose of licensing crop adjusters, and that effective Feb. 1, 2011, to qualify as a crop adjuster, an applicant must pass – with an 80% minimum score – an examination given by the director. OAR 836-071-0113 & 0127;
- Require crop adjusters wishing to renew their licenses to furnish evidence of current Federal Crop Insurance Corporation certification. OAR 836-071-0130(2)(d);
- Update the name of the National Association of Securities Dealers (NASD), now the Financial Industry Regulatory Authority (FINRA). OAR 836-071-0185
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| Filed: |
November 13, 2009 |
Last Day for
Public Comment: |
December 28, 2009 |
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| Proposed Amendment and Adoption of Oregon Administrative Rules Relating to Implementation of Senate Bill 973 Relating to Life Settlement Requirements |
This rulemaking proposes to adopt rules to fully implement chapter 711, Oregon Laws 2009 (Enrolled Senate Bill 973) enacted by the 2009 Legislative Assembly. The legislation established statutory requirements related to the use and marketing of life settlement agreements in Oregon and expanded regulation of these agreements beyond the use of life settlement agreements by terminally ill policyholders.
These rules include clarification of the process for applying for a broker, provider and investment agent license and setting the fee for each application and for renewal of the licenses. |
| Filed: |
November 12, 2009 |
Last Day for
Public Comment: |
December 29, 2009 |
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| Proposed Amendment and Adoption of Oregon Administrative Rules Relating to Treatment of reinsurance reserve credits or assets under agreements entered prior to November 9, 1995 |
NAIC accreditation Part A Laws & Regulation standards require states to include in statute or regulation a provision that insurers reduce to zero any reserve credits or assets established with respect to existing reinsurance agreements entered into prior to the effective date of the Life and Health Reinsurance Agreements Model Regulation (OAR 836-012-0300 to 836-012-0330) which would not be recognized under the provisions of this regulation. This requirement was contained in OAR 836-012-0330, repealed September 26, 2006.
Because the NAIC continues to include this transitory provision in its accreditation requirements, Oregon needs to adopt and retain the rule until the NAIC discontinues its requirement. |
| Filed: |
November 12, 2009 |
Last Day for
Public Comment: |
December 31, 2009 |
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| Proposed Amendment and Adoption of Oregon Administrative Rules Relating to Health Insurance Public Rate Review and Confidentiality of Filing Documents |
| These rules implement provisions enacted by the 2009 Legislative Assembly pertaining to the review of proposed schedule or table of premium rates filed for health benefit plans for small employers, individual health benefit plans and portability health benefit plans. The rules clarify the public process established by the Legislative Assembly for these filings and for individual and small employer group plans, specify the materials that must be submitted in a schedule or table of premium rate filing. The rules specify that all materials are available to the public for review. For those filings, the rules also provide clarification of the factors the Director of the Department of Consumer and Business Services will consider in approving, disapproving or modifying the proposed rates and for approving the amount of an increase in administrative expenses that may be included in a rate. |
| Filed: |
October 15, 2009 |
Last Day for
Public Comment: |
January 8, 2010 |
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| Proposed Amendment of Oregon Administrative Rules Relating to Annual Update of Rule Relating to Health Insurance Coverage of Prosthetic and Orthotic Devices |
| This rulemaking proposes to update the Insurance Division rule listing the prosthetic and orthotic devices that must be covered by group and individual health insurance policies. The rulemaking implements ORS 743A.144, which requires all such policies that provide coverage for hospital, medical or surgical expenses to include coverage for prosthetic and orthotic devices. |
| Filed: |
October 15, 2009 |
Last Day for
Public Comment: |
December 15, 2009 |
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| Proposed Amendment of Oregon Administrative Rules Relating to Requirements for Total Loss Settlements in Automobile Insurance |
| This rulemaking amends the current rule that establishes standards for adjustment and settlement of automobile total loss claims under collision or comprehensive coverage on the basis of replacement or actual cash value. The rule specifies the written statement that insurers must provide to consumers whose automobiles are totaled and incorporates other provisions of House Bill 2190. |
| Filed: |
October 15, 2009 |
Last Day for
Public Comment: |
December 11, 2009 |
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| Proposed Amendment of Oregon Administrative Rules Relating to Adoption of Annual and Supplemental Statement Blanks and Instructions for Reporting Year 2009 |
| This rulemaking proposes to prescribe, for reporting year 2009, 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. |
| Filed: |
September 15, 2009 |
Last Day for
Public Comment: |
November 1, 2009 |
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