OAR 836-071-0260
Fees Charged by Insurance Producers


(1)

When an insurance producer or any affiliate of the insurance producer receives any compensation authorized under ORS 735.455 (Authority of licensee), 744.091 (Additional conditions under which person licensed as insurer or insurance producer may charge commission or service fee) or 744.093 (Solicitation or sale of insurance policy by retail insurance producer or wholesale insurance producer) from a prospective insured for transacting insurance, neither the insurance producer nor the affiliate may accept or receive any compensation from an insurer or other third party for the placement of insurance for the prospective insured unless the insurance producer, prior to the prospective insured’s purchase of insurance, has:

(a)

Obtained the prospective insured’s documented acknowledgment that the compensation will be received by the insurance producer or affiliate;

(b)

Disclosed the amount of compensation from the insurer or other third party for the placement. If the amount of compensation is not known at the time of disclosure, the insurance producer shall disclose the specific method for calculating the compensation and, if possible, a reasonable estimate of the amount; and

(c)

Disclosed the nature of the work that the insurance producer or affiliate will perform on behalf of the prospective insured.

(2)

When an insurance producer or any affiliate of the insurance producer receives any compensation authorized under ORS 735.455 (Authority of licensee), 744.091 (Additional conditions under which person licensed as insurer or insurance producer may charge commission or service fee) or 744.093 (Solicitation or sale of insurance policy by retail insurance producer or wholesale insurance producer) from a prospective insured for transacting insurance and receives no compensation from an insurer or other third party for placement of insurance for the prospective insured, the insurance producer or affiliate must obtain the prospective insured’s documented acknowledgement that the compensation will be received by the insurance producer and must disclose the nature of the work that the insurance producer or affiliate will perform on behalf of the prospective insured.

(3)

A person is not a prospective insured for the purpose of this rule if the person is merely:

(a)

A participant or beneficiary of an employee benefit plan; or

(b)

Covered by a group or blanket insurance policy or group annuity contract sold, solicited or negotiated by the insurance producer or affiliate.

(4)

This rule does not apply to any of the following persons:

(a)

An insurance producer when the insurance producer acts only as an intermediary between an insurer and the prospective insured’s insurance producer, such as a managing general agent, a wholesale insurance producer under ORS 744.093 (Solicitation or sale of insurance policy by retail insurance producer or wholesale insurance producer), a surplus lines licensee when transacting insurance with a producing insurance producer under ORS 735.455 (Authority of licensee) or a sales manager.

(b)

An insurance producer with respect to an incidental charge that is received from the prospective insured and is authorized under OAR 836-071-0267 (Incidental Charges for Customer Services; Personal, Commercial Lines).

(c)

A reinsurance intermediary.

(5)

As used in this rule:

(a)

“Affiliate” means a person that controls, is controlled by or is under common control with the insurance producer.

(b)

“Compensation from an insurer or other third party” means payments, commissions, fees, awards, overrides, bonuses, contingent commissions, loans, stock options, gifts, prizes or any other form of valuable consideration, whether or not payable pursuant to a written agreement.

(c)

“Compensation from a prospective insured” does not include any fee or amount collected by or paid to the insurance producer that does not exceed an amount established by the Director.

Source: Rule 836-071-0260 — Fees Charged by Insurance Producers, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-071-0260.

836‑071‑0101
Adjuster and Insurance Consultant License Application
836‑071‑0105
Additional Application Information
836‑071‑0108
Limited Class Insurance Licenses
836‑071‑0110
Fingerprints
836‑071‑0112
Social Security Numbers
836‑071‑0113
Crop Insurance
836‑071‑0115
Satisfaction of Qualifications for Classes of Insurance
836‑071‑0117
Managing General Agents
836‑071‑0118
Requirements That Must Be Completed Prior to Submitting Licensing Application
836‑071‑0120
Examination Procedure
836‑071‑0125
Period for Completion of License Application
836‑071‑0127
Examination Scores
836‑071‑0130
Adjuster or Insurance Consultant License Renewal
836‑071‑0135
Renewal of Expired Adjuster or Insurance Consultant License
836‑071‑0140
License Amendment
836‑071‑0145
Amended License Issuance
836‑071‑0146
Individual Insurance Producer License Expiration Date
836‑071‑0148
Extended License Expiration Date, Active Military Duty and Other Extenuating Circumstances
836‑071‑0150
Errors and Omissions Insurance
836‑071‑0160
Errors and Omissions Insurance
836‑071‑0180
Insurance Producer Pre-Examination Requirements
836‑071‑0185
Qualification of Agents Selling Variable Life Insurance, Including Variable Annuities
836‑071‑0190
Registration of a School
836‑071‑0195
Revocation of Registration of a School
836‑071‑0210
Statutory Authority
836‑071‑0215
Continuing Education Requirements for Insurance Producers
836‑071‑0220
Continuing Education
836‑071‑0225
Continuing Education
836‑071‑0230
Continuing Education
836‑071‑0235
Provider Registration
836‑071‑0240
Course Registration
836‑071‑0242
Provider Trade Practices
836‑071‑0245
Revocation of Provider Registration
836‑071‑0247
Requirements for Granting Credit
836‑071‑0250
Credit for Unregistered Courses
836‑071‑0260
Fees Charged by Insurance Producers
836‑071‑0263
Fees Charged by Insurance Consultants or Insurance Producers
836‑071‑0267
Incidental Charges for Customer Services
836‑071‑0269
Purpose and Authority
836‑071‑0272
Scope of OAR 836-071-0269 to 836-071-0277
836‑071‑0274
Service Fees Prohibited on Personal Lines
836‑071‑0277
Service Fees Allowed on Commercial Lines
836‑071‑0280
Permitted and Prohibited Activities of Insurance Personnel Exempt from Insurance Producer License Requirement
836‑071‑0285
Insurance Producer Review of Applications
836‑071‑0287
Transaction of Group Life, Health Insurance by Insurance Producer without Appointment
836‑071‑0291
Certificate of Deposit in Lieu of Trust Account
836‑071‑0295
Transaction of Insurance by Individual Insurance Producer for Appointed Firm or CorporateInsurance Producer
836‑071‑0297
Permitted Transaction of Insurance by Unappointed Insurance Producer
836‑071‑0300
Requirement of Contract with or Employment of Licensee
836‑071‑0310
Referral Fee from Oregon Medical Insurance Pool
836‑071‑0315
Managing General Agents
836‑071‑0320
Managing General Agents
836‑071‑0321
Terms for OAR 836-071-0323 to 836-071-0346
836‑071‑0323
License Applicants and Licensees with Prior Convictions
836‑071‑0326
Application by Person under OAR 836-071-0323
836‑071‑0328
Unlicensed Individuals with Prior Convictions Who are Engaged or Participate in Business of Insurance
836‑071‑0331
Director’s Procedures, Application for Consent
836‑071‑0336
Factors to be Considered by the Director
836‑071‑0341
Issuance of Written Consent
836‑071‑0346
Denial of Consent
836‑071‑0351
Subsequent Conviction of Person Previously Granted Written Consent
836‑071‑0354
Designated Agent
836‑071‑0355
Limited License Application, Rental Companies
836‑071‑0360
License Renewal
836‑071‑0370
List of Employees and Designated Agents Selling Coverage
836‑071‑0380
Course of Training for Training Program and for Continuing Education
836‑071‑0390
Statewide Filing Officer
836‑071‑0400
Applicable Insurance Code Statutes
836‑071‑0405
Statutory Purpose and Authority
836‑071‑0410
Limited License Application, Self-Service Storage Facility
836‑071‑0415
Materials and Requirements of Application
836‑071‑0420
Requirements for Limited Licensee, List of Employees Selling Coverage
836‑071‑0425
Limited License Renewal
836‑071‑0430
Remission to Insurer
836‑071‑0450
Requirements for Limited Travel Insurance Producer and Travel Retailer
836‑071‑0500
Nonresident Licensing and Placement Requirements
836‑071‑0501
Allocation of Coverage Totals on Multi-state Policies
836‑071‑0550
Statutory Purpose and Authority
836‑071‑0560
Limited License Application, Portable Electronics Insurance Coverage
836‑071‑0565
Limited License Renewal
836‑071‑0570
List of Employees Selling Coverage
Last Updated

Jun. 8, 2021

Rule 836-071-0260’s source at or​.us