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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,
INSURANCE DIVISION

 

DIVISION 9

FEES AND CHARGES

836-009-0001

Purpose

The purpose of rules in OAR chapter 836, division 9 is to establish assessments, fees and charges for administering the regulatory program of the Insurance Division, Department of Consumer and Business Services.

Stat. Auth.: ORS 183.335, 293.445 & 731.804
Stats. Implemented: ORS 183.335(7) & 731.804(1)-(2)
Hist.: IC 4-1983, f. 6-27-83, ef. 7-1-83; ID 7-1993, f. & cert. ef. 9-3-93

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 obtaining a certificate of authority to transact insurance as a captive insurer for the year the director first issues a certificate is $5,000. The fee for 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;

(d) The fee for annual renewal of a certificate of authority for a captive insurer issued under subsection (d) of this section is $5,000;

(e) 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; ID 11-2012(Temp), f. 6-15-12, cert. ef. 7-1-12 thru 12-27-12; ID 17-2012, f. & cert. ef. 11-7-12

836-009-0008

Mailing List Fee

The fee for inclusion of each entry on the Insurance Division mailing list established under ORS 183.335 for giving notice of rulemaking is $35. The fee shall be paid annually. The fee established under this rule does not apply to any federal, state or local governmental entity.

Stat. Auth.: ORS 183 & 731
Stats. Implemented: ORS 183.335(7) & 731.804(2)
Hist.: ID 21-1990, f. & cert. ef. 12-18-90

836-009-0011

Assessments Against Insurers

(1) The percentage rates for assessments authorized under ORS 731.804 against authorized insurers shall be established as provided in this rule. An authorized insurer shall pay an assessment on each line of insurance transacted by the insurer in this state that is subject to assessment under 731.804. This rule provides for establishment of a percentage rate for each of the following lines of insurance:

(a) Life insurance;

(b) Health insurance;

(c) Property and casualty insurance. For purposes of this rule, this line includes title insurance but does not include workers' compensation insurance.

(2) For each line of insurance in section (1) of this rule, the percentage rate for the assessment against each authorized insurer transacting the line of insurance shall be the rate established by dividing the amount of revenue needed to cover expenses to be incurred by the Department in administering the Insurance Code for a fiscal year with respect to the line of insurance by the gross amount of premiums received by all insurers or their agents from and under their policies covering direct domestic risks for that line of insurance, after deductions specified in ORS 731.804. The following is the formula for calculating the assessment rate for each line:

Total Amount to be derived from

Assessment with respect to the line = Assessment

Total assessable premium from the line, rate (0.xxxx%) for all insurers

(3) For a specific insurer:

(a) The assessment billed with respect to a line of insurance shall be determined by finding 0.xxxx% of the insurer's assessable premium for the line for the appropriate calendar year;

(b) The finance charge of charges imposed by the insurer shall be assessed at the lowest assessment rate established pursuant to this rule.

(4) The Director shall determine the amount of revenue needed by considering the legislatively approved expenditures for administration of the Insurance Code and the timing of cash revenues and expenditures, and subtracting there from other available revenue sources.

(5) The amount of premiums for all lines of insurance to be assessed against an insurer under sections (1) to (3) of this rule shall not exceed nine hundredths of one percent of the gross amount of premiums received by an insurer or its agents from and under its policies covering direct domestic risks, after deductions specified under ORS 731.804.

(6) Assessments under this rule shall be imposed and collected annually unless the Director determines that additional amounts need to be assessed and collected in order to support the legislatively authorized budget of the Department with respect to its functions under the Insurance Code or in order to support changes in the budget authorized by the Emergency Board. The additional amounts shall be assessed as provided in sections (1) to (3) of this rule, except that the numerator shall be the additional amounts so needed.

(7) The Director shall assess an insurer only if the insurer is authorized to transact insurance at the time of billing.

(8) Billings of annual assessments shall be issued not later than October 1 of each year.

(9) An insurer must pay each assessment imposed under this rule not later than the 30th day after the date of the billing of the assessment by the Department. An insurer shall pay interest at nine percent per annum on any assessment that is not paid when due.

(10) When the Director determines that an assessment or a part thereof paid by an insurer is in excess of the amount legally due and payable to the Department, if the amount of the refund owed by the Department is less than $50, the Department shall pay the refund only upon receipt of a written request from the insurer that paid the assessment. The written request must be received by the Department not later than three years from the date the assessment was paid to the Department.

(11) The Director shall not bill an assessment or an adjustment to an assessment of $25 or less.

Stat. Auth.: ORS 293, 731.244 & 731.804
Stats. Implemented: ORS 731.804(1)
Hist.: ID 8-1989, f. & cert. ef. 8-11-89; ID 8-1991, f. & cert. ef. 10-21-91; ID 6-2006, f. & cert. ef. 4-14-06; ID 6-2007, f. & cert. ef. 9-14-07

836-009-0015

Refunds

Except as provided by rule for fees and assessments under ORS 731.804, when the Director determines that the Department has received moneys in excess of the amount legally due and payable to the Department under the Insurance Code or that the Department in carrying out its functions under the Insurance Code has received moneys to which it has no legal interest, if the amount of the refund owed by the Department is less than $10, the Department shall pay the refund only upon receipt of a written request from the person who paid the money or the legal repre-sentative thereof. The written request must be received by the Department not later than three years from the date the moneys were paid to the Department.

Stat. Auth.: ORS 293 & 731
Stats. Implemented: ORS 293.445(4)
Hist.: ID 8-1989, f. & cert. ef. 8-11-89

836-009-0020

Definitions

As used in OAR 836-009-0020 to 836-009-0040:

(1) "Gross amount of premiums" has the meaning given in ORS 731.808. “Gross amount of premiums” includes premiums earned from riders that are subject to the assessment.

(2) “Health insurer” means any insurer or health care service contractor receiving premiums derived from health plan policies delivered or issued for delivery in Oregon.

(3) "Health plan" has the meaning given in ORS 743.960. As used in the types of insurance excluded from “health plan,” “disability insurance “includes accidental death and dismemberment insurance.

Stat. Auth.: ORS 731.244
Stats. Implemented: ORS 743.960, 743.961 & 743.965
Hist.: ID 7-2009(Temp), f. 9-30-09, cert. ef. 10-1-09 thru 3-26-10; ID 7-2010, f. & cert. ef. 3-25-10

836-009-0025

Verified Assessment Reporting and Form

(1) Beginning October 1, 2009, every health insurer shall pay an assessment to the Department of Consumer and Business Services in the amount of one percent of the gross amount of premiums earned during each calendar quarter. The health insurer shall submit the assessment no later than 45 days following the end of each calendar quarter.

(2) A health insurer must pay the assessment described in ORS 743.961 on the gross amount of premiums earned from policies delivered or issued for delivery in Oregon.

(3) To calculate the premiums earned for a calendar quarter, the health insurer must deduct returned premiums from premiums received by the insurer and its insurance producers during a calendar quarter.

(4) In addition to any information requested by the Department of Consumer and Business Services, the health insurer must submit with the assessment a verified form created by the Department of Consumer and Business Services and posted on the department’s website and must report:

(a) All of the health plans issued or renewed during the calendar quarter for which the assessment is paid; and

(b) The gross amount of premiums earned by line of insurance from all health plans issued or renewed during the calendar quarter for which the assessment is paid.

(5) The one percent assessment imposed under ORS 743.960, 743.961, 743.965 and 743.990 and section 8, chapter 867, Oregon Laws 2009 (Enrolled House Bill 2116) is in addition to and not in lieu of any other tax, surcharge, or assessment imposed on the insurer and applies to premiums earned by health insurers from October 1, 2009 through September 30, 2013.

Stat. Auth.: ORS 731.244
Stats. Implemented: ORS 743.960, 743.961, 743.965 & 2009 OL Ch. 867, § 8 (HB 2116)
Hist.: ID 7-2009(Temp), f. 9-30-09, cert. ef. 10-1-09 thru 3-26-10; ID 7-2010, f. & cert. ef. 3-25-10

836-009-0030

One-Time Increase in Existing, Approved Premium Rates

(1) Beginning October 1, 2009, a health insurer may but is not required to increase existing premium rates by up to one percent in accordance with the limitations provided in section 8, chapter 867, Oregon Laws 2009 (Enrolled House Bill 2116). In order to determine the amount of increase of existing rate that is allowed, the insurer shall multiply the existing premium by 1 percent. The result derived from multiplying the premium by .01 is the maximum amount of increase the insurer may add to an existing, approved rate.

(2) If an insurer miscalculates the one-time increase allowed under section (1) of this section, and if the insurer has already issued billing statements, the insurer may refund amounts collected in excess of one percent by crediting customers in subsequent billings, by issuing separate refunds, or credit customers by other methods as long as all refunds are made or the insurer has resolved the issue by the close of the 2009 calendar year. An increase to existing rates may not be applied retroactively.

(3) If the Department of Consumer and Business Services has already approved a health insurer's existing rate, the health insurer should not file for approval of the one-time premium rate increase allowed by section (1) of this rule.

(4) If a health insurer that has already had its rates approved does increase its rates by an amount up to the allowed one percent, the insurer must include a notice that explains the rate increase with the first consumer billing reflecting the rate increase. The notice may be printed on the consumer billing, on a sticker affixed to the consumer billing, or on a separate insert with the consumer billing. A health insurer that bills electronically may include the notice electronically or may send the notice separately by mail. The notice should not be sent with subsequent future billings. A health insurer may communicate with customers in other ways but the insurer may not alter, modify, or add to the notice required by this section, and a health insurer may not list the assessment as a separate line item on consumer billing statements.

(5) The notice required under section (4) of this rule shall be either of the following:

(a) Notice 1: "Your health insurance premium reflects a new one percent tax. These tax funds together with federal matching funds will be used to provide health benefits for uninsured Oregon children.”; or

(b) Notice 2: "Beginning [insert date on or after October 1, 2009], your health insurance premium will increase to reflect a one percent tax on health insurance premiums. Funds raised by this tax will be matched more than 2 to 1 by the federal government and will provide access to health care coverage for 80,000 low and moderate-income Oregon children who currently have no health insurance. Ultimately, expanding health care coverage to those who are uninsured is expected to decrease the portion of your premium that currently helps offset the unpaid medical bills of others."

Stat. Auth.: ORS 731.244
Stats. Implemented: ORS 743.960, 743.961, 743.965 & 2009 OL Ch. 867, § 8 (HB 2116)
Hist.: ID 7-2009(Temp), f. 9-30-09, cert. ef. 10-1-09 thru 3-26-10; ID 7-2010, f. & cert. ef. 3-25-10

836-009-0035

Inclusion of Assessment in Future Rate Filings

(1) In future rate filings, a health insurer may include amounts actually paid toward the assessment. In those rate filings, the health insurer should report the amounts actually paid toward the assessment as an element of administrative expense or retention. If a health insurer includes in rate filings the amounts actually paid toward the assessment, the health insurer should not send the notice set out in OAR 836-009-0030(4) with consumer billing statements.

(2) If a health insurer increases an existing, approved rate by the allowed amount, a subsequent rate filing that includes amounts actually paid toward the assessment must include only amounts actually paid toward the assessment in excess of the amounts received as a result of the one percent increase in the existing, approved rate.

Stat. Auth.: ORS 731.244
Stats. Implemented: ORS 743.960, 743.961, 743.965 & 2009 OL Ch. 867, § 8 (HB 2116)
Hist.: ID 7-2009(Temp), f. 9-30-09, cert. ef. 10-1-09 thru 3-26-10; ID 7-2010, f. & cert. ef. 3-25-10

836-009-0040

Assessment Derived from Premiums Derived From Contracts not Subject to Rate Approval

(1) Any health insurer deriving premiums from contracts of insurance not subject to the Department of Consumer and Business Services’ rate approval authority may increase existing rates on such contracts by one percent but also must provide one of the notices set out in OAR 836-009-0030 with the first consumer billing that reflects the rate increase. The notice must be in the form described in 836-009-0030 and may not be altered, modified, or added to. A health insurer subject to the Department of Consumer and Business Services’ rate approval authority may not list the assessment as a separate line item on the consumer billing statement. The notice should not be sent with subsequent consumer billings statements.

(2) In order to determine the amount of increase of existing rate that is allowed, the insurer shall multiply the existing premium by one percent. The result derived from multiplying the premium by .01 is the maximum amount of increase the insurer may add to an existing contractual rate.

Stat. Auth.: ORS 731.244
Stats. Implemented: ORS 743.960, 743.961, 743.965 & 2009 OL Ch. 867, § 8 (HB 2116)
Hist.: ID 7-2009(Temp), f. 9-30-09, cert. ef. 10-1-09 thru 3-26-10; ID 7-2010, f. & cert. ef. 3-25-10

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