ORS 737.045
Remedies of director for violations of chapter
(1)
If the Director of the Department of Consumer and Business Services has reason to believe that a rate, rating plan or rating system filed or used by an insurer or filed by a rating or advisory organization on behalf of an insurer does not comply with the requirements and standards of this chapter, the director may issue an order directing the insurer or the rating or advisory organization to discontinue or desist from the noncompliance. An order issued under this subsection is subject to the provisions of ORS 731.252 (Cease and desist orders).(2)
If the director holds a hearing on an order issued pursuant to subsection (1) of this section, the insurer or rating or advisory organization filing or using the rate, rating plan or rating system shall pay to the director the just and legitimate costs of the hearing, including actual necessary expenses.(3)
If the director finds after a hearing under ORS 737.340 (Initiation of proceedings by aggrieved person to determine lawfulness of filings) that any rate, rating plan or rating system violates the provisions of this chapter, the director may issue an order specifying the violation and stating when, within a reasonable period of time, the further use of such rate, rating plan or rating system by an insurer or rating or advisory organization shall be prohibited.(4)
If the director finds after a hearing under ORS 737.215 (Effect of noncompliance with rating regulation) or 737.340 (Initiation of proceedings by aggrieved person to determine lawfulness of filings) that an insurer or rating or advisory organization is in violation of any provision of this chapter other than the provisions dealing with rates, rating plans or rating systems, the director may issue an order specifying the violation and requiring compliance within a reasonable time.(5)
If the director finds after a hearing under ORS 737.215 (Effect of noncompliance with rating regulation) that the violation of any of the provisions of this chapter applicable to it by any insurer or rating organization that has been the subject of a hearing was willful, the director may suspend or revoke the certificate of authority of such insurer or the license of such rating organization.(6)
If the director finds after a hearing that any rating organization has willfully engaged in any fraudulent or dishonest act or practices, the director may suspend or revoke the license of such organization. [1969 c.690 §10; 1987 c.774 §143]
Source:
Section 737.045 — Remedies of director for violations of chapter, https://www.oregonlegislature.gov/bills_laws/ors/ors737.html.
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