Laws and rules

New Rules

New rules are posted on this page for six months after they are final.

Click on a rule title below for details.

Insurance regulation

Amend: OAR 836-053-0473

Amended to include primary care spending reporting requirements.

Filed: January 30, 2018

Effective: February 1, 2018

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Amend: OAR 836-200-0401

Is amended to make technical changes, and to clarify the department’s authority to regulate and enforce PBM provisions under the Insurance Code.

Filed: December 28, 2017

Effective: January 1, 2018

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Adopt: OAR 836-053-0014

To establish standards for shortening the period of market prohibition for carriers that electively withdrew from a market within the state.

Filed: December 22, 2017

Effective: January 1, 2018 through June 19, 2018

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Amend: OAR 836-011-0000

Amending to specify the edition of the NAIC Valuation Manual insurers must use when establishing principle-based reserves beginning January 1, 2018.

Filed: December 20, 2017

Effective: December 20, 2017

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Amend: OAR 836-031-0605

Amending to specify the edition of the NAIC Valuation Manual insurers must use when establishing principle-based reserves beginning January 1, 2018.

Filed: December 14, 2017

Effective: December 14, 2017

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Adopt: OAR 836-053-0418

Clarifies the definition of “insurer” found within 2017 OR Laws, ch 719, §2 (Enrolled House Bill 3276) to confirm this law’s applicability to health care service contractors and multiple employer welfare arrangements authorized to transact insurance or offer health benefits in the state of Oregon.

Filed: December 08, 2017

Effective: December 08, 2017

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Amend: OAR 836-053-0015

OAR 836-053-0015 reinforces the definition of a small employer to mean an employer who employed not more than 50 and at least one full-time equivalent employee on the first day of the plan year and revises the Exhibit to the rule to provide clarification of the counting methodology to establish a small group.

Filed: November 22, 2017

Effective: January 1, 2018

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Adopt: OAR 836-011-0020

836-011-0020 adopts definitions of “insurance group”, “insurer” and “Senior Management”.

Filed: November 22, 2017

Effective: January 1, 2018

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Amend: OAR 836-042-0015

OAR 836-042-0015(2) requires that rate filings be accompanied by a transmittal letter with a specific format prescribed by rule.

OAR 836-042-0015(8)-(9) requires insurers to duplicate filings made to DCBS and submit them to its rating organization for review.

Filed: October 23, 2017

Effective: January 1, 2018

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Financial institutions regulation

Amend: OAR 441-049-1011

Is amended to provide a definition of a federal crowdfunded offering consistent with the JOBS Act and 17 CFR § 227 (Regulation Crowdfunding).

Filed: January 30, 2018

Effective: February 1, 2018

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Amend: OAR 441-500-0020

Increases the assessment cap on banks over $10.0 billion in asset size by $200,000, while leaving assessment rates on all other tiers unchanged.

Filed: January 30, 2018

Effective: February 1, 2018

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Amend: OARs 441-035-0070, 441-035-0080, 441-035-0090, 441-035-0100, 441-035-0110, 441-035-0120, 441-035-0125, 441-035-0130, 441-035-0140, 441-035-0150, 441-035-0160, 441-035-0170, 441-035-0190, 441-035-0200, 441-035-0210, 441-035-0220, 441-035-0230, 441-035-0240

Amended to make small changes to the policy statement for the rules to better distinguish investment crowdfunding from other capital raising tools.

Filed: December 28, 2017

Effective: January 1, 2018

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Adopt: OAR 441-820-0010

Establishes the application process for obtaining a debt buyer license.

These proposed rules implement House Bill 2356 (2017). HB 2356 requires specific persons regularly engaged in purchasing charged off debt for the purposes of collection obtain a license from the Department of Consumer and Business Services. HB 2356 established specific criteria for obtaining a license including the development and maintenance of particular policies regarding lawful collection practices. HB 2356 also required that debt buyers regulated by the department obtain errors and omissions insurance. The bill makes licensing mandatory for the collection of bought debt as of January 1, 2018. The bill allows the Director to utilize the Nationwide Multistate Licensing System and Registry (NMLS) for licensing. The bill provided that the Director of the Department of Consumer and Business Services may take actions as necessary to enable the bill’s licensing authority on the operative date. In order to ensure debt buyers have adequate time to apply for and obtain a license, prior to January 1, 2018, the department is adopting these temporary rules concurrent with the permanent rulemaking process. Additionally, these temporary rules will allow application through the NMLS, which will reduce costs for debt buyers licensed in multiple states or which already have a collection agency registration. Failure to adopt these rules could lead to higher costs for debt buyers and also inadvertently cause them to violate HB 2356.

Filed: October 27, 2017

Effective: October 27, 2017 through April 24, 2018

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Adopt: OAR 441-890-0005

Suspend: Temporary 441-890-0005 from FSR 9-2017

Refile needed to correct (2) text from 441-890-0002 to 441-890-0010.

The Mortgage Loan Servicer Practices Act (the act), which was signed into law on August 2, 2017, requires that
mortgage servicers obtain a license from the Department of Consumer and Business Services (DCBS) by January 1,
2018. The Act also directs the Director of DCBS (Director) to promulgate regulations establishing the requirements for
obtaining a license.

This temporary rule sets application requirements for obtaining a license, requirements for corporate surety bonds and
irrevocable letters of credit, and application and renewal fees. The rule also clarifies which entities are exempt from
licensing.

Filed: October 23, 2017

Effective: October 23, 2017 through April 17, 2018

Documents:

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Amend: 441-850-0005

Is amended to apply definitions from chapter 850 to chapter 890 and to clarify certain exemptions
under the act.

The Mortgage Loan Servicer Practices Act (the act), which was signed into law on August 2, 2017, requires that
mortgage servicers obtain a license from the Department of Consumer and Business Services (DCBS) by January 1,
2018. The Act also directs the Director of DCBS (Director) to promulgate regulations establishing the requirements for
obtaining a license.

This temporary rule sets application requirements for obtaining a license, requirements for corporate surety bonds and
irrevocable letters of credit, and application and renewal fees. The rule also clarifies which entities are exempt from
licensing.

Filed: October 20, 2017

Effective: October 20, 2017 through April 17, 2018

Documents:

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If you have questions or if you need to request hard copy notices, you may contact Karen Winkel via email at Karen.j.winkel@oregon.gov.

Key links

Oregon Revised Statutes​​​​​