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 836-042-0015

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

Documents:
​​​​

Amend: OAR 836-010-0011

This rule updates the Certificate of Compliance sample form required as a part of each rate and form filing. The form sample is currently an exhibit within OAR 836-010-0011, this rulemaking removes the exhibit from the rule and places it on the Division of Financial Regulation website. In addition, this rule updates the form to correct the reference of the Oregon Insurance Division to the Division of Financial Regulation in order to reflect the official name change that occurred in January of 2016. Currently, a rulemaking is necessary to replace references to the Oregon Insurance Division with the Division of Financial Regulation because this form is an exhibit within the rule. This rulemaking allows for future updates to the form to be carried out without having a formal rulemaking process.

Adopted: August 4, 2017

Effective: September 11, 2017

Documents:

Adopt: OAR 836-053-0011

Amend: OAR 836-053-0013

This rule establishes the requirement that the standard bronze health benefit plan be HSA eligible, in order to promote consumer choice. The rule brings the standard bronze and standard silver plans into compliance with federal law by amending the exhibits for the plans for plan years beginning on or after January 1, 2018, to meet federal minimum actuarial value (AV) requirements. The rule further clarifies that the insurer or health care service contractor shall clearly indicate on any applicable plan and benefits template or other plan or product specific filing document that the plan is HSA eligible.

Adopted: July 26, 2017

Effective: July 26, 2017

Documents:
Exhibits

Amend: OAR 836-011-0000

This rulemaking prescribes, for reporting year 2016, 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.

This rulemaking repeals and replaces the current unexpired temporary rule of the same number.

Adopted: April 20, 2017

Effective: April 27, 2017

Documents:
​​

Repeal: OAR 836-014-0400

In 2002, the department learned of difficulties in the construction contractors market. Contractors, required to have general liability insurance were having difficulty obtaining coverage. The department determined that there was a likelihood of consumer harm if contractors were unable to acquire general liability insurance coverage to support their license. The department and the Construction Contractors Board (CCB) formed a work-group to develop possible solutions. The work-group developed an outline for the Market Assistance Plan (MAP) website. The website was hosted by the CCB from 2004 until 2016.

During discussions about the website, the department and CCB, in conjunction with an advisory committee, determined that the site was outdated and might not be continuing to serve the purpose for which it was first developed. The department determined that the market for general liability coverage for contractors is now well developed. This repeal is necessary to remove the rule related to the successful, but now unnecessary, market assistance plan related to construction contractor general liability coverage.

Adopted: April 14, 2017

Effective: April 14, 2017

Documents:

​​
​​

Financial institutions regulation

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

Documents:

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:

​​​

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:

​​​​​​​

Amend: OAR 441-035-0080, 441-035-0090, 441-035-0120, 441-035-0130, 441-035-0140, 441-035-0150

In January of 2015, the division adopted rules allowing Oregon small businesses to raise capital without having to register their securities. Businesses can take advantage of the exemption from registration if the offering is conducted entirely within the borders of the state and adheres to specific advertising restrictions based on the Securities and Exchange Commission's (SEC) Rule 147. On April 20, 2017, a new rule, Rule 147A, became effective. Rule 147A allows issuers to advertise offerings to residents of the state in which the issuer has its primary place of business even if that advertisement reaches residents in other states. Incidental advertising is permitted so long as sales are restricted to in-state residents only and particular disclosures are contained in the advertisement. Rule 147A made a number of changes to modernize the rules governing intrastate offerings. The changes to the federal rules leave Oregon with more stringent requirements than those at the federal level. The division is proposing these temporary rules in order to avoid confusion amongst issuers who may believe that changes at the federal level automatically carry down to Oregon's intrastate offering rules. Issuers that do not comply with Oregon's rules risk losing access to the Oregon exemption ultimately resulting in selling unregistered securities. The sale of unregistered securities can result in investor lawsuits and civil penalties. Without this temporary rule Oregon issuers could be prejudiced.

Adopted: July 12, 2017

Effective: July 12, 2017

Documents:

Amend: OAR 441-745-0000, 441-745-0300, 441-745-0310, 441-745-0330

These rules establish the process by which money transmitter licensees and applicants submit applications, renewals, and other information through the Nationwide Multistate Licensing System and Registry (NMLS). Currently, licensed money transmitters and applicants submit registration materials by paper documentation. The department found the current registration system needed greater efficiency and a capacity to facilitate uniformity for multi-state entities. The NMLS creates efficiencies for the industry, consumers, and department as a replacement for the current system. These proposed rules modify and clarify the licensing and application procedures to make the use of the NMLS mandatory. This includes all registration and renewal activity, including surety bonds, for money transmitters to the NMLS. These proposed rules are necessary to enact a uniform application process resulting in greater efficiencies to the state and industry.

Adopted: April 14, 2017

Effective: April 14, 2017

Documents:

Amend: OAR 441-810-0020, 441-810-0030, 441-810-0040, 441-810-0050, 441-810-0080

These rules establish the process by which collection agency registrants and applicants submit applications, renewals, and other information through the Nationwide Multistate Licensing System and Registry (NMLS). Currently, registered collection agencies and applicants submit registration materials by paper documentation. The department found the current registration system needed for greater efficiency and to facilitate uniformity for multi-state entities. The NMLS creates efficiencies for the industry, consumers, and department as a replacement for the current system. These proposed rules modify and clarify the registration and application procedures to make the use of the NMLS mandatory. This includes all registration and renewal activity for collection agencies to the NMLS. These proposed rules are necessary to enact a uniform application process resulting in greater efficiencies to the state and industry.

Adopted: April 14, 2017

Effective: April 14, 2017

Documents:

Amend: OAR 441-910-0010, 441-910-0030, 441-910-0050, 441-910-0055

These rules establish the process by which registrants and applicants for a debt management service provider submit applications, renewals, and other information through the Nationwide Mortgage Licensing System and Registry (NMLS). Currently, registered debt management service providers and applicants submit registration materials by paper documentation. The department found the current registration system needed for greater efficiency and to facilitate uniformity for multi-state entities. The NMLS creates efficiencies for the industry, consumers, and department as a replacement for the current system. These proposed rules modify and clarify the registration and application procedures to make the use of the NMLS mandatory. This includes all registration and renewal activity, including surety bonds, for debt management service providers to the NMLS. These proposed rules are necessary to enact a uniform application process resulting in greater efficiencies to the state and industry.

ORS 697.612 exempts non-profit entities that provide advice, assistance, instructional materials in return for a fee reasonably calculated to pay the cost of making the advice, assistance, or material available. Currently the rules cap reasonably fees at $25. The department has learned that the current $25 cap is too low to reasonably cover the cost of those services and it is impacting the availability of credit repair services in Oregon. These proposed rules would add a requirement that credit repair organizations comply with the federal Credit Repair Organizations Act, and remove the reference to the non-profit credit repair organization fee.

Adopted: April 14, 2017

Effective: April 14, 2017

Documents:

​​

Amend: OAR 441-730-0026, 441-860-0020, 441-860-0025, 441-860-0050, 441-885-0010

The Department of Consumer and Business Services has been working toward full utilization of the Nationwide Mortgage Licensing System and Registry's (NMLS) features. The NMLS released the first phase allowing for the electronic submission of surety bonds in January 2016. The feature will be fully available, and licensees will be able to electronically submit surety bonds to the Director of the Department through NMLS, by the end of 2016. Requiring electronic submission of the surety bond will make it easier for consumers to access the bond information and will streamline the mortgage licensing process. Currently, the surety bond is the only piece of paper that is still required for the mortgage licensing process. The proposed rules also remove the grace period after a bond is cancelled that was meant to provide time for new bonds to be sent through the U.S. mail. This protects consumers by reducing the period during which a mortgage loan originator may originate loans without the protection of a bond. Because NMLS can be used to quickly notify, and continually remind, licensees of their bond status licensees will receive more effective notice regarding their bonds.

Adopted: January 31, 2017

Effective: April 1, 2017

Documents:

​​
​​​
​​​​​​​​

Agency Mailing / Interested Party List:

If you are interested in receiving notices of all Division of Financial Regulation administrative rule changes, please sign-up via the link below and select "Proposed Rules" and "Recently Adopted Rules"

Email notification

This electronic notification service is used to send notifications of all administrative rule changes per ORS 183.335(8). Please note each subscriber must keep their subscription choices and email address up to date to ensure they receive the appropriate notices.

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​​​​​