Oregon Department of Consumer and Business Services, Insurance Regulation

Rule Rule 836-071-0323
License Applicants and Licensees with Prior Convictions


(1)

When the Director considers an application for a license that indicates the applicant has been convicted of a crime or crimes described in ORS 744.113(1)(e) or 744.074 (Authority of director to place licensee on probation or to suspend, revoke or refuse to issue or renew license)(1)(f), the Director shall determine whether the crime or any of the crimes is an offense under 18 U.S.C. sec. 1033 or a felony offense involving dishonesty or breach of trust that is subject to 18 U.S.C. sec. 1033.

(2)

An applicant for a license who has been convicted by final judgment of an offense under 18 U.S.C. sec. 1033 or of any felony offense involving dishonesty or breach of trust does not qualify for the license unless:

(a)

The Director has reviewed the entire application of the applicant and has determined that the applicant qualifies for the license; and

(b)

The Director issues a written consent as provided in this rule.

(3)

An applicant for a license to whom subsection (2) of this rule applies must apply to the Director for a consent as provided in OAR 836-071-0326 (Application by Person under OAR 836-071-0323).

(4)

A licensee who has ever been convicted of an offense described in section (1) of this rule must apply to the Director for a consent as provided in OAR 836-071-0326 (Application by Person under OAR 836-071-0323). The licensee may not retain the license unless the Director issues a written consent as provided in this rule.

(5)

A licensee who, while licensed, is convicted of an offense described in section (1) of this rule must apply to the Director for a consent as provided in OAR 836-071-0326 (Application by Person under OAR 836-071-0323) not later than the 30th day after the date of the final judgment. The licensee may not retain the license unless the Director issues a written consent as provided in this rule.

(6)

A license applicant or licensee who is appointed or expects to be appointed by more than one insurer need submit only one consent application under OAR 836-071-0326 (Application by Person under OAR 836-071-0323), but the application and related letters, statements and other information must relate to the insurer with whom the license applicant or licensee has or will have the most substantial ongoing business relationship.
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Last accessed
Jun. 8, 2021