OAR 836-080-0660
Delivery


(1)

A licensee shall provide any notices required by OAR 836-080-0600 (Authority; Rule of Construction; Applicability) to 836-080-0700 (Correction, Amendment or Deletion of Recorded Personal Information) so that each consumer can be reasonably expected to receive actual notice in writing or, if the consumer agrees, electronically.

(2)

The following are examples of reasonable expectation of actual notice. A licensee may reasonably expect that a consumer will receive actual notice if the licensee:

(a)

Hand-delivers a printed copy of the notice to the consumer;

(b)

Mails a printed copy of the notice to the last known address of the consumer separately, or in a policy, billing or other written communication;

(c)

For a consumer who conducts transactions electronically, posts the notice on the electronic site and requires the consumer to acknowledge receipt of the notice as a necessary step to obtaining a particular insurance product or service;

(d)

For an isolated transaction with a consumer, such as the licensee providing an insurance quote, posts the notice and requires the consumer to acknowledge receipt of the notice as a necessary step to obtaining the particular insurance product or service.

(3)

The following are examples of unreasonable expectations of actual notice. A licensee may not reasonably expect that a consumer will receive actual notice of its privacy policies and practices if the licensee:

(a)

Posts only a sign in its office or generally publishes advertisements of its privacy policies and practices; or

(b)

Sends the notice by electronic mail to a consumer who does not obtain an insurance product or service from the licensee electronically.

(4)

A licensee may reasonably expect that a customer will receive actual notice of the licensee’s annual privacy notice if:

(a)

The customer uses the licensee’s web site to access insurance products and services electronically and agrees to receive notices at the web site and the licensee posts its current privacy notice continuously in a clear and conspicuous manner on the web site; or

(b)

The customer has requested that the licensee refrain from sending any information regarding the customer relationship, and the licensee’s current privacy notice remains available to the customer upon request.

(5)

For customers only, a licensee shall provide the initial notice, annual notice and revised notice required by OAR 836-080-0600 (Authority; Rule of Construction; Applicability) to 836-080-0700 (Correction, Amendment or Deletion of Recorded Personal Information) so that the customer can retain them or obtain them later in writing or, if the customer agrees, electronically. The following are examples of retention and accessibility of notices. A licensee provides a privacy notice to a customer so that the customer can retain it or obtain it later if the licensee:

(a)

Hand-delivers a printed copy of the notice to the customer;

(b)

Mails a printed copy of the notice to the last known address of the customer; or

(c)

Makes its current privacy notice available on a web site or a link to another web site for the customer who obtains an insurance product or services electronically and agrees to receive the notice at the web site.

(6)

If two or more consumers jointly obtain a health insurance product or service from a licensee, the licensee may satisfy the initial, annual and revised notice requirements by providing one notice to those consumers jointly.

(7)

A licensee provides a reasonable means by which a consumer may obtain a copy of its privacy notice for the purpose of OAR 836-080-0640 (Information to Be Included in Initial Privacy Notice)(8) if the licensee:

(a)

Provides a toll-free telephone number that the consumer may call to request the notice; or

(b)

For a consumer who conducts business in person at the licensee’s office, maintains copies of the notice on hand and provides a copy to the consumer immediately upon request.

(8)

A licensee may provide a joint notice from the licensee and one or more of its affiliates or other financial institutions, as identified in the notice, as long as the notice is accurate with respect to the licensee and the other institutions. A licensee may also provide a notice on behalf of another financial institution.

(9)

A licensee may not provide any notice required by OAR 836-080-0600 (Authority; Rule of Construction; Applicability) to 836-080-0700 (Correction, Amendment or Deletion of Recorded Personal Information) solely by orally explaining the notice, either in person or over the telephone.
836–080–0001
Statutory Authority
836–080–0005
Definitions
836–080–0014
Duties of Agent
836–080–0022
Duties of Insurers that Use Agents Insurance Producers
836–080–0029
Duties of Replacing Insurers that Use Agents
836–080–0034
Duties of the Existing Insurer
836–080–0039
Duties of Insurers with Respect to Direct Response Solicitations
836–080–0043
Violations and Penalties
836–080–0050
Authority
836–080–0055
Unfair Discrimination Identified
836–080–0080
Definition, Claims Handling Services
836–080–0085
Annual Report
836–080–0090
Suitability in the Sale of Life Insurance
836–080–0105
Statutory Authority
836–080–0110
Applicability
836–080–0115
Definitions
836–080–0120
Statement as to Participation Required Upon Request Before Delivery of Policy
836–080–0125
Prohibited Representations Regarding Participation Rights
836–080–0130
Dividend Statement Permitted
836–080–0135
Dividend Rights Accrue Upon Declaration of Dividends
836–080–0140
Unfair Discrimination in Allocation of Dividends Prohibited
836–080–0145
Unfair Forfeiture of Dividend for Failure to Renew Prohibited
836–080–0150
Policyholder Dividend Rights of Group Members and Dividend Group Policyholders
836–080–0155
False or Deceptive Publications by Insurer Prohibited
836–080–0160
Use of Special Certifications and Professional Designations by Insurance Producers
836–080–0165
Notice of Insurance Division Assistance
836–080–0170
Statutory Authority
836–080–0172
Applicability
836–080–0175
Exemptions
836–080–0178
Definitions
836–080–0180
Duties of Insurers and of Insurance Producers
836–080–0183
Insurance Producer Training
836–080–0185
Compliance Mitigation
836–080–0188
Recordkeeping
836–080–0190
Annuity Sales
836–080–0193
Effective Date and Operative Date
836–080–0200
Electronic Payment of Claims
836–080–0205
Statutory Authority, Purpose, and Applicability
836–080–0210
Definitions
836–080–0215
Claim Files
836–080–0220
Misrepresentation and Other Prohibited Claim Practices
836–080–0225
Required Claim Communication Practices
836–080–0230
Standard for Prompt Claim Investigation
836–080–0235
Standards for Prompt and Fair Settlements — Generally
836–080–0240
Standards for Prompt and Fair Total Loss Settlements — Automobile Insurance
836–080–0250
Workers’ Compensation Insurance Unfair Claim Settlement Practices Standards
836–080–0305
Statutory Authority
836–080–0310
Definitions
836–080–0315
Providing Things of Value to Intermediaries Generally Prohibited
836–080–0320
Miscellaneous Things of Value
836–080–0325
Business Development Activities
836–080–0335
Gifts
836–080–0337
Real Property Information
836–080–0340
Assistance in Qualifying a Subdivision
836–080–0345
Automatic Change in Monetary Limits
836–080–0355
Title Insurer Responsible for Violations by Agent
836–080–0360
Use by Title Company of an Intermediary’s Office
836–080–0365
Filing Escrow Rates Required
836–080–0370
Instruction of Title Company Employees About Rules Required
836–080–0425
Applicability
836–080–0430
Disclosure of Use of Credit History or Insurance Scores
836–080–0435
Policies Governing Credit Histories and Insurance Scores
836–080–0436
Absence of or Inability to Determine Credit History
836–080–0438
Definition of Adverse Underwriting Decision
836–080–0440
Unfair Insurance Trade Practice
836–080–0501
Authority
836–080–0506
Definitions and Examples
836–080–0511
Application of Notice Requirements
836–080–0516
Initial Notice to Consumers
836–080–0519
Information to be Included in Initial Privacy Notice
836–080–0523
Annual Notice
836–080–0526
Information to be Included in Annual Notice
836–080–0531
Revised Privacy Notices
836–080–0536
Delivery
836–080–0541
Opt in Notice
836–080–0546
Limits on Sharing Account Number Information for Marketing Purposes
836–080–0551
Authorization Request Delivery
836–080–0600
Authority
836–080–0610
Definitions and Examples
836–080–0615
Personal Information Notice
836–080–0620
Notice of Personal Financial Information Practices
836–080–0625
Alternative Procedures
836–080–0630
Application of Notice Requirements
836–080–0635
Initial Notice to Consumers
836–080–0640
Information to Be Included in Initial Privacy Notice
836–080–0645
Annual Notice
836–080–0650
Information to Be Included in Annual Notice
836–080–0655
Revised Privacy Notices
836–080–0660
Delivery
836–080–0665
Authorization
836–080–0670
Authorization Exemptions
836–080–0675
Disclosure Without Authorization
836–080–0680
Opt in Notice
836–080–0685
Limits on Sharing Account Number Information for Marketing Purposes
836–080–0690
Authorization Request Delivery
836–080–0695
Access to Recorded Personal Information
836–080–0700
Correction, Amendment or Deletion of Recorded Personal Information
836–080–0750
Purpose
836–080–0755
Application of OAR 836-080-0750 to 836-080-0775
836–080–0760
Definitions for OAR 836-080-0750 to 836-080-0775
836–080–0765
Practices Declared False, Misleading, Deceptive or Unfair on a Military Installation
836–080–0770
Practices Declared False, Misleading, Deceptive or Unfair, Regardless of Location
836–080–0775
Severability
836–080–0800
Definitions
836–080–0805
Statutory Authority, Purpose, and Applicability
836–080–0810
Provision of Commercial Loss Runs
Last Updated

Jun. 8, 2021

Rule 836-080-0660’s source at or​.us