Laws and rules

Click on a proposed rule title below for details.

Amend: OAR 836-011-0000

Repeal: OAR 836-011-0000(T)

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.

The agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing the negative economic impact of the rule on business.

Public hearing: A public rulemaking hearing may be requested in writing by 10 or more people, or by an association with 10 or more members, within 21 days following the publication of the Notice of Proposed Rulemaking in the Oregon Bulletin or 28 days from the date Notice was sent to people on the agency mailing list, whichever is later.

Filed: February 2, 2017

Last day for public comment: March 24, 2017, 5 p.m.

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 workgroup to develop possible solutions. The workgroup developed an outline for the Market Assistance Plan (MAP) website. The website was hosted by the CCB from 2004 until 2016. In 2016 CCB identified the site as unsecure and took it off-line. 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about the website, the department and CCB, in conjunction with an advisory committee, determined that the site was outdated and might not be continuing to serve the purpose for which it was first developed.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.

The agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing the negative economic impact of the rule on business.

Public hearing: A public rulemaking hearing may be requested in writing by 10 or more people, or by an association with 10 or more members, within 21 days following the publication of the Notice of Proposed Rulemaking in the Oregon Bulletin or 28 days from the date Notice was sent to people on the agency mailing list, whichever is later.

Filed: January 24, 2017

Last day for public comment: March 24, 2017, 5 p.m.

Documents

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These proposed 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 provide that $25 an hour with a monthly cap of $150 with an overall cap of $300 per consumer is a reasonably calculated fee.

The Agency requests public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing negative economic impact of the rule on business.

Filed: December 15, 2016

Public hearing: January 23, 2017, 2:00 p.m.

Last day for public comment: January 27, 2017, 5 p.m.

Documents

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In 2016, the Director reorganized the department by combining two divisions, the Oregon Insurance Division and the Division of Finance and Corporate Securities, into one Division of Financial Regulation. This rule establishes the basis to maintain continuity between the actions the divisions have taken before and after the merger of the Oregon Insurance Division and the Division of Finance and Corporate Securities in particular regarding existing rules and orders. The proposed rules only provide greater clarity to readers of the administrative rules promulgated by the Department of Consumer and Business Services, through the administrative divisions the Director may reorganize from time to time under the director's organic statutes. These rules do not impose any new substantive provisions on regulated entities, nor does the proposed rulemaking activity apply rules from one division to another division in a manner that was not already occurring.

The agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing the negative economic impact of the rule on business.

Filed: September 14, 2016

Public hearing: October 27, 2016, 10:00 a.m.

Last day for public comment: November 09, 2016, 5 p.m.

Documents

Amend:OAR 441-745

These proposed 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 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 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.

Last date for public comment: 3/24/2017 5:00 p.m.

Filed date: 2-15-17

Documents:

Amend:OAR 441-810

These proposed 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.

Last date for public comment: 3/24/2017 5:00 p.m.

Filed date: 2-15-17

Documents:

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Where to send comments on proposed rules

Division of Financial Regulation
ins.rules@oregon.gov

Rulemaking advisory committees

Agency Mailing / Interested Party List:

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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​​​​​​