OAR 836-005-0405
Disclosure of Information about Complaints Regarding Unlawful Claims Settlement Practices

(1)

Subject to subsections (2) through (4), the director shall provide to a person who submits a request, records associated with complaints submitted to the director, for which:

(a)

The director has confirmed the complaint to be about an alleged unlawful practice described in ORS 746.230 (Unfair claim settlement practices);

(b)

The complaint:

(A)

Has been closed and the complainant has been provided a closing letter; or

(B)

Has been open for more than 120 days;

(c)

The complaint was submitted after January 1, 2017; and

(d)

The complaint was submitted during a period in which disclosure of complaint information was authorized under ORS 731.264 (Complaints and investigations confidential)(3).

(2)

For each complaint subject to disclosure, the director shall provide:

(a)

The complaint intake form;

(b)

Any narrative description submitted by the complainant with the initial complaint;

(c)

Any request for information submitted by the director to an insurer on behalf of the complainant in order to resolve the complaint; and

(d)

Any closing letter provided to the complainant by the director, which summarizes:

(A)

The complaint;

(B)

Steps the director took to investigate and resolve the complaint; and

(C)

Any findings and conclusions reached by the director.

(3)

Before providing records to a requestor, the director:

(a)

Shall remove any information that could be used to identify any individual;

(b)

Shall remove any information for which disclosure is prohibited under applicable federal or state law;

(c)

May remove any information exempt from public records requests under ORS 192.410 to 192.505; and

(d)

May require the requestor to pay any fees listed in OAR 440-005-0025 (Payment for Inspection and Copies of Public Records) and 440-005-0030 (Fees and Miscellaneous Charges), unless waived under ORS192.440.

(4)

The director shall not provide complaint records:

(a)

Unless a request is submitted to the director in writing;

(b)

If a request is made with regard to a particular person, unless the request is made with regard to an insurer; nor

(c)

If the director determines that release of such records would clearly and convincingly cause harm to the public interest in the particular instance. If such a determination is made, the director shall provide to the requestor, a written explanation of why the records will not be disclosed.

Source: Rule 836-005-0405 — Disclosure of Information about Complaints Regarding Unlawful Claims Settlement Practices, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-005-0405.

Last Updated

Jun. 8, 2021

Rule 836-005-0405’s source at or​.us