Loading
The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,
INSURANCE DIVISION

 

DIVISION 10

GENERAL PROVISIONS

Rates and Forms

836-010-0000

Statutory Authority and Implementation

(1) OAR 836-010-0000, 836-010-0011 and 836-010-0021 are adopted under the authority of ORS 731.244 and 731.296, to aid in giving effect to provisions of ORS Chapters 737, 742 and 743 relating to the filing of rates and policy forms with the Director. The requirements of OAR 836-010-0000, 836-010-0011 and 836-010-0021 are in addition to any other requirements established by statute or by rule or bulletin of the Department.

(2) OAR 836-010-0000, 836-010-0011, and 836-010-0021 apply to all filings submitted or resubmitted to the Director on or after May 1, 2002.

Stat. Auth.: ORS 731.244
Stats. Implemented: ORS 731.296, 737.205, 737.207, 742.001, 743.015 & 743.018
Hist.: ID 9-1994, f. 7-1-94, cert. ef. 7-15-94; ID 20-1997(Temp), f. 12-29-97, cert. ef. 12-30-97 thru 6-11-98; ID 11-1998, f. & cert. ef. 8-10-98; ID 11-2002(Temp), f. & cert. ef. 4-18-02 thru 10-11-02; ID 20-2002, f. 10-11-02, cert. ef. 10-12-02; ID 8-2010, f. 3-31-10, cert. ef. 4-1-10; ID 20-2011, f. 12-16-11, cert. ef. 1-1-12

836-010-0011

Filing, Review of Rates and Forms

(1) Except as provided in this section, this rule applies to filings of all insurers, including health care service contractors as defined in ORS 750.005, multiple employer welfare arrangements as governed by 750.301 to 750.431 and fraternal benefit societies as governed by ORS Chapter 748. This rule does not apply to:

(a) Purchasing group insurance filings.

(b) Negotiated forms as described in ORS 742.003, but only if each of the negotiated forms is issued only to one policyholder, the insurer has determined that the forms comply with benefits and coverages mandated by statute and the forms have a company-assigned form number.

(c) Rates and forms approved by the Interstate Insurance Product Regulation Commission.

(2) An insurer must follow the applicable standards set forth on the website of the Insurance Division of the Department of Consumer and Business Services at www.insurance.oregon.gov, when making rate and form filings, except that if the insurer files electronically on theSystem for Electronic Rates and Forms Filing, (SERFF), the insurer must comply with the Oregon standards set forth SERFF.

(3) An insurer must submit a completed certificate of compliance as provided in this section with each filing of a new or revised rate and each filing of a new or amended form. The insurer must use the certificate of compliance in Exhibit 1 to this rule. The certificate of compliance must certify compliance with the applicable filing requirements and product standards set forth on the website of the Insurance Division of the Department of Consumer and Business Services at www.insurance.oregon.gov or on the SERFF system for Oregon, if filed electronically. The certificate must be accompanied by the applicable product standards form. A certificate of compliance must be completed and signed by:

(a) An officer of the insurer who is authorized by the insurer to do so; and

(b) Signed by the filer who is specifically designated by the insurer to prepare and make the filing.

(4) An insurer filing changes to a form or forms that were previously approved must highlight or otherwise visually call attention to the changes in new or revised forms and must submit a letter explaining the changes.

(5) A filing received for prior approval by the department that does not contain a certificate of compliance and does not comply with the standards referenced in this rule is incomplete and will be returned to the insurer as disapproved.

[ED. NOTE: Exhibits referenced are available from the agency.]

Stat. Auth.: ORS 731.244 & 731.296
Stats. Implemented: ORS 731.296, 737.205, 737.207, 742.001, 732.820, 743.015, 743.018 & 743.825
Hist.: ID 9-1994, f. 7-1-94, cert. ef. 7-15-94; ID 11-1996, f. 6-28-96, cert. ef. 7-1-96; ID 20-1997(Temp), f. 12-29-97, cert. ef. 12-30-97 thru 6-11-98; ID 11-1998, f. & cert. ef. 8-10-98; Administrative correction 6-25-99; ID 6-2000, f. & cert. ef. 7-19-00; ID 3-2001, f. 3-19-01, cert. ef. 5-1-01; ID 11-2002(Temp), f. & cert. ef. 4-18-02 thru 10-11-02; ID 20-2002, f. 10-11-02, cert. ef. 10-12-02; ID 8-2010, f. 3-31-10, cert. ef. 4-1-10; ID 20-2011, f. 12-16-11, cert. ef. 1-1-12; ID 12-2013, f. 12-31-13, cert. ef. 1-1-14

836-010-0013

Additional Filing Requirements for Transitional Health Benefit Plans

(1) Under section 5, chapter 80, Oregon Laws 2014, a transitional health benefit plan must comply with the Insurance Code as of December 31, 2013.

(2) In addition to the requirements of OAR 836-010-0000, 836-010-0011, and 836-010-0021 when submitting a filing for a rate change to a transitional health benefit plan, the insurer shall comply with the guidance provided in Exhibits 1 and 2 of this rule.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth: ORS 731.244, 743.018
Stats. Implementing: Section 5, chapter 80, Oregon Laws 2014 (Enrolled Senate Bill 1582)
Hist.: ID 8-2014(Temp), f. & cert. ef. 4-24-14 thru 10-20-14

836-010-0021

Required Actuarial Data

(1) An insurer shall file with the Director, on or before March 15 of each year, geographic average rates for small employer, portability and individual health benefit plans for a rating period. The supporting actuarial data must be submitted with the certificate of compliance. The geographic average rates must demonstrate compliance with the applicable provisions of:

(a) ORS 743.737, governing small employer premium rates;

(b) ORS 743.760, governing portability premiums rates; and

(c) ORS 743.767, governing individual premium rates.

(2) Except as provided in this section, supporting actuarial data shall accompany every filing of property or casualty insurance rates submitted on a file and use basis under ORS 737.205 and prior approved rates under ORS 737.207. The data shall be in sufficient detail to justify the rate level change and shall demonstrate compliance with ORS 737.310 governing the making of rates. This section does not apply to:

(a) Title insurance filings;

(b) Workers' compensation insurance filings;

(c) Surety filings;

(d) Home protection insurance filings;

(e) Filings for mortgage insurance, which is the insurance against financial loss by reason of nonpayment of sums agreed to be paid, as defined in ORS 731.178, rather than a life insurance product offering payment of a mortgage in the event of death or disability; and

(f) Purchasing group insurance filings.

(3) A rate filing for commercial liability insurance received by the Department that is subject to ORS 737.207 and does not comply with the requirement of section (2) of this rule is in noncompliance with the requirements and standards of ORS Chapter 737.

Stat. Auth.: ORS 731.244
Stats. Implemented: ORS 731.296, ORS 737.205, ORS 737.207, ORS 743.015 & ORS 743.018
Hist.: ID 9-1994, f. 7-1-94, cert. ef. 7-15-94; ID 20-1997(Temp), f. 12-29-97, cert. ef. 12-30-97 thru 6-11-98; ID 11-1998, f. & cert. ef. 8-10-98; Administrative correction, 6-25-99; ID 12-2000 f. 11-14-00, cert. ef. 1-1-01; ID 13-2000(Temp), f. & cert. ef. 12-21-00 thru 6-9-01; Administrative correction 11-20-01; ID 11-2002(Temp), f. & cert. ef. 4-18-02 thru 10-11-02; ID 20-2002, f. 10-11-02, cert. ef. 10-12-02

Insurer Reporting or Response to Insurance Division

836-010-0051

Requirements for Electronic Reporting or Response

(1) As used in this rule:

(a) “Administrator” means the individual responsible for a person’s electronic account activation and maintenance.

(b) “Contact” means the individual responsible for electronic account administration, an electronic report or electronic response.

(c) “Contact Information” means:

(A) Name;

(B) Title;

(C) Direct telephone number;

(D) Electronic mail address; and

(E) Mailing address.

(d) “Maintenance” means ensuring accurate and current company and contact information, providing and updating user access and performing other activities necessary for user submission of reports or responses and timely communication with the Insurance Division.

(e) “User” means an individual with rights to access the person’s electronic account.

(2) This rule establishes requirements for submitting information or responses through the reporting system of the Insurance Division according to the instructions set forth on the website of the Insurance Division of the Department of Consumer and Business Services at www.insurance.oregon.gov.

(3) A person required to submit information to the Insurance Division or to respond electronically to a request from the Insurance Division must activate and maintain an account through the reporting system of the Insurance Division.

(4) A person subject to section (3) of this rule must:

(a) Designate at least one administrator;

(b) Designate at least one contact for account administration and for each electronic report or response; and

(c) Provide current, accurate contact information for the administrator, company and each contact.

Stat. Auth: ORS 731.244
Stats. Implemented: ORS 731.296
Hist.: ID 12-2013, f. 12-31-13, cert. ef. 1-1-14

Authorization of Insurers and General Requirements

836-010-0130

Statutory Authority; Purpose; Applicability

(1) OAR 836-010-0130 to 836-010-0145 are adopted pursuant to the general rulemaking authority of the Commissioner in ORS 731.244 to aid in the effectuation and enforcement of ORS 731.438.

(2) The purpose of OAR 836-010-0130 to 836-010-0145 is to prescribe title plant standards for title insurers.

(3) OAR 836-010-0130 to OAR 836-010-0145 applies to all authorized title insurers.

Stat. Auth.: ORS 731
Stats. Implemented: ORS 731.438
Hist.: IC 1-1978, f. 3-27-78, ef. 4-1-78

836-010-0135

Definitions

As used in OAR 836-010-0130 to 836-010-0145, unless the context requires otherwise:

(1) "Adequate Maps" means:

(a) A map record of all recorded plats in the county covered by the title plant;

(b) Maps based on a complete set of government surveys showing all surveyed sections, government lots and donation land claims within the county covered by the title plant;

(c) Maps of such a scale that they are readily workable. In an area where the majority of the parcels are of less than one sixteenth of a section, maps shall be of a scale no smaller than 400 feet to the inch. A full section of land shall not be represented in a scale smaller than 2,000 feet to the inch;

(d) Maps showing all public streets, roads, highways, and railroad rights of way of record which can be accurately located by a reasonable search of the records.

(2) "General Index" means a complete compilation of matters affecting real property which do not describe, or cannot solely be assigned to a specific real property account, which may be found by a search of the proper records within the county covered by the title plant, and includes, not is not limited to:

(a) Unsatisfied judgments and tax liens;

(b) Conservatorships, guardianships, and estates of deceased persons arising during the preceding ten-year period;

(c) Divorce suits closed or pending during the preceding ten-year period;

(d) Powers of attorney during the preceding ten-year period.

(3) "Tract or Geographic Index" means a record of documents and proceedings which affect real property in the county covered by the title plant. Such an index may consist of summaries or replicas:

(a) Tract or geographic indexes relating to recorded plats are maintained separately, and may be referred to by name or by number, with accounts segregated to the block or in the absence of blocks to the smallest unit designated on the applicable recorded plat;

(b) Tract or geographic indexes which relate to ownership in all unplatted areas of the county, except land in national forest reserves, national parks and unpatented lands, are maintained in accounts segregated into section subdivisions and government lots. In the event ownership of parcels does not conform to section subdivisions or government lots, such parcels are assigned arbitrary reference numbers or symbols which correspond to like numbers or symbols shown on the arbitrary maps of the area, except if there are 30 or fewer ownership accounts in a quarter section that do not conform to section subdivisions or government lots or are not in a recorded plat then those ownership accounts can be filed under the designation of that particular quarter section without being assigned arbitrary reference numbers or symbols;

(c) Tract or geographic indexes may be maintained on ledger sheets, separate cards, sheets of film, or any other form or system, whether manual, mechanical, electronic or otherwise, or any combination of such forms or systems. The index ledger sheets, cards, sheets, or film may be bound in books or contained in envelopes or storage files. The segregated account contains a reference to deeds, contracts, suits, liens, unsatisfied mortgages, and other matters of record imparting constructive notice that specifically describe the real property that is subject to the account.

(4) "Currently posted" means, respects an OAR 836-010-0135(3) "tract or geographic index," and index in which postings or entries are made within 15 working days of recording or filing. The "tract or geographic index" shall extend continuously for a period of 20 years from the date of Certificate of Authority respects title insurers or date of execution of agency contract respects title agents.

Stat. Auth.: ORS 731
Stats. Implemented: ORS 731.438
Hist.: IC 1-1978, f. 3-27-78, ef. 4-1-78

836-010-0140

Title Plant Standards

(1) The title plant shall maintain "adequate maps" as defined in OAR 836-010-0135, that will enable a person working the title plant to locate a tract of land which is the subject of a title search with reference to the government survey system.

(2) The title plant shall maintain a "general index," as defined in OAR 836-010-0135, in either alphabetical or phonetical order,so that any record pertaining to any person by name may be readily located.

(3) The title plant shall maintain a "currently posted" "tract or geographic index" as defined in OAR 836-010-0135.

Stat. Auth.: ORS 731
Stats. Implemented: ORS 731.438
Hist.: IC 1-1978, f. 3-27-78, ef. 4-1-78

836-010-0150

Marriage of Same-Gender Couple Validly Performed

(1) This rule is adopted under the general rulemaking authority of the Director of the Department of Consumer and Business Services in ORS 731.244 to comply with the United States Supreme Court decision in United States v. Windsor, 570 U.S. 12 (2013) and Geiger v. Kitzhaber, No. 6: 13-cv-01834-MC (D. Or. May 19, 2014).

(2) Any person or entity subject to regulation by the Department of Consumer and Business Services under the Insurance Code, must consider the marriage of a same-sex couple validly performed the same as the person or entity considers any other marriage validly performed.

(3) This rule applies to any action or activity related to the transaction of insurance in Oregon.

(4) Any privilege, immunity, right or benefit granted under the Insurance Code to an individual because the individual is or was married to an individual of the opposite sex, is granted on equivalent terms, substantive and procedural, to an individual who is or was a partner in a marriage of a same-sex couple validly performed.

Stat. Auth.: ORS 731.244
Stat. Implemented: ORS 731.008, 731.016 & 731.236
Other Auth.: SCOTUS Decision in United States v. Windsor, 570 U.S. 12 (2013); Letter of Advice from Oregon Attorney General dated October 16, 2013; Geiger v. Kitzhaber, No. 6: 13-cv-01834-MC (D. Or. May 19, 2014).
Hist.: ID 11-2014, f. & cert. ef. 7-17-14

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​