ORS 744.644
Prohibited conduct

  • penalties and disciplinary action
  • hearings

(1)

A licensee or an applicant for a license to engage in business as an insurance consultant may not:

(a)

Act in an incompetent or untrustworthy manner.

(b)

Falsify or act dishonestly with respect to an application for a license or an amendment to the license or with respect to an examination related to obtaining, renewing or reinstating a license.

(c)

Misappropriate, withhold illegally or convert to the applicant’s or licensee’s own use any money or property that belongs to or that the applicant or licensee receives from a policyholder, insurer, beneficiary or other person while the applicant or licensee engages in business as an insurance consultant or otherwise transacts insurance in this state.

(d)

Commit an offense that results in a conviction in any United States jurisdiction for any felony or a misdemeanor that involves fraud, dishonesty or a breach of trust. For the purpose of this paragraph, the record of a conviction is conclusive evidence of the conviction.

(e)

Materially misrepresent the terms of an insurance policy or proposed insurance policy.

(f)

Engage in a fraudulent or dishonest practice in the course of transacting insurance or cause injury or loss to the public because the applicant or licensee is incompetent or untrustworthy.

(g)

Fail to pay a fee or charge or a civil penalty that the Director of the Department of Consumer and Business Services has assessed and that has become final after appeal or by operation of law.

(h)

Effect insurance on the applicant or licensee’s property or against the applicant’s or licensee’s liability.

(i)

Commit an act that results in another jurisdiction’s canceling, suspending, revoking or refusing to renew a license or other evidence of authority to act as an adjuster, an insurance consultant or an insurance producer. For the purpose of this paragraph, the record of the cancellation, suspension, revocation or refusal is conclusive evidence of the cancellation, suspension, revocation or refusal.

(j)

Commit an act that results in a state or federal agency canceling, suspending, revoking or refusing to renew a license to practice law or a license that authorizes the applicant or licensee to engage in business under another regulatory authority if the cancellation, suspension, revocation or refusal related to the business of an adjuster, insurance consultant or insurance producer or if the act involved dishonesty, fraud or deception. For the purpose of this paragraph, the record of the cancellation, suspension, revocation or refusal is conclusive evidence of the cancellation, suspension, revocation or refusal.

(k)

Fail to comply with continuing education requirements that apply to the license or to a category of insurance business or class of insurance, unless the director has waived the requirements.

(L)

Act dishonestly, fraudulently or deceptively in a business that is not related to engaging in business as an adjuster, an insurance consultant or an insurance producer.

(m)

Fail to comply with an administrative or court order that imposes a child support obligation.

(n)

Fail to pay state income tax or to comply with an administrative or court order that directs the applicant or licensee to pay state income tax that remains unpaid.

(o)

Evade a provision of ORS chapter 746 or violate or fail to comply with an applicable provision of the Insurance Code.

(2)

Intentionally left blank —Ed.

(a)

If a licensee or an applicant for a license to engage in business as an insurance consultant engages in an action or practice prohibited under subsection (1) of this section, the director by order or otherwise may:

(A)

Refuse to issue a license to an applicant to engage in business as an insurance consultant;

(B)

Suspend, revoke or refuse to renew a licensee’s license;

(C)

Suspend or revoke a licensee’s authority to transact a category of insurance business or class of insurance; or

(D)

Refuse to authorize an applicant or licensee to transact a category of insurance business or class of insurance.

(b)

Before taking a disciplinary action against a licensee under paragraph (a) of this subsection, the director shall notify the licensee and offer the licensee an opportunity for a hearing in accordance with ORS chapter 183.

(3)

The Director of the Department of Consumer and Business Services may take a disciplinary action described in subsection (2) of this section if the director finds that:

(a)

A director, member or officer of a licensee that is a business entity, or another person that directly or indirectly has the power to direct the management, control or activities of the business entity, engaged in an action prohibited under subsection (1) of this section; or

(b)

The Director of the Department of Consumer and Business Services erred in approving, issuing, renewing or reinstating a license under ORS 744.614 (Powers of director to issue, renew, amend, suspend and reinstate licenses).

(4)

Intentionally left blank —Ed.

(a)

For a violation of a prohibition described in subsection (1) of this section and in lieu of taking a disciplinary action against a licensee under subsection (2) of this section, the director may set a period of probation with respect to a license to engage in business as an insurance consultant or with respect to an authorization to engage in any category of insurance business or class of insurance. In setting the probationary period, the director shall specify conditions that a licensee must meet in order to end the probationary period.

(b)

The director may set the probationary period to begin at the time the director issues, renews, amends or reinstates a license or adds a category of insurance business or class of insurance to the license.

(c)

Before setting a period of probation for a licensee under paragraph (a) of this subsection, the director shall notify the licensee and offer the licensee an opportunity for a hearing in accordance with ORS chapter 183.

(d)

During any probationary period, the director may take any disciplinary action described in subsection (2) of this section. [2019 c.151 §17]

Source: Section 744.644 — Prohibited conduct; penalties and disciplinary action; hearings, https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html.

744.052
Definitions for ORS 744.052 to 744.089
744.053
Requirements to be licensed as insurance producer for class of insurance
744.056
Exemptions from insurance producer licensing requirements
744.058
Written examination
744.059
Qualifications for license
744.061
Banking institution as insurance producer
744.062
Issuance of insurance producer license
744.063
Nonresident insurance producer license
744.064
Persons licensed elsewhere
744.067
Exemptions from prelicensing education or examination requirement
744.068
Required notifications
744.072
Renewal or reinstatement of insurance producer license
744.073
Temporary insurance producer license
744.074
Authority of director to place licensee on probation or to suspend, revoke or refuse to issue or renew license
744.076
Payment of commission, service fee or brokerage
744.077
Conditions under which person licensed as insurance producer and consultant may accept commission or fee
744.078
Appointment of insurance producers
744.079
Termination of relationship with insurance producer
744.081
Termination of appointment
744.082
Waiver of requirement for nonresident insurance producer license applicant
744.083
Trust account for premium funds
744.084
Certificate of deposit in lieu of trust account
744.086
Applicability of Insurance Code to insurance producers transacting title insurance
744.087
Filing insurance producers compensation agreements
744.088
Training requirements to be licensed as insurance producer for long term care insurance
744.089
Report of administrative action taken against insurance producer
744.091
Additional conditions under which person licensed as insurer or insurance producer may charge commission or service fee
744.093
Solicitation or sale of insurance policy by retail insurance producer or wholesale insurance producer
744.101
Definitions
744.104
Travel insurance through travel retailers
744.107
Violations
744.111
Rules
744.300
License and indorsement
744.301
Exemptions from license requirement
744.303
Certificate of errors and omissions insurance
744.306
Contract between insurer and managing general agent
744.308
Limitations on authority of insurer and managing general agent
744.311
Books, bank accounts and records
744.313
Financial examination
744.314
Rules
744.316
Authority of director if managing general agent violates provisions of ORS 744.300 to 744.316
744.318
Definitions for ORS 744.318 to 744.384
744.321
Life settlement providers
744.323
Life settlement brokers
744.324
Life settlement investment agents
744.326
License application
744.328
Issuance of license
744.331
Expiration of license
744.333
Individual acting as provider under license of firm or corporation
744.336
Notification by licensee of material change affecting qualification for license
744.338
Suspension, revocation, refusal to issue or renew license
744.341
Terms of contract
744.343
Annual report and statement by provider
744.346
Examination of business and practices of licensee or applicant
744.354
Disclosure by life settlement provider, broker or investment agent to policy owner
744.359
Disclosure by life settlement broker or provider to insurer
744.362
Disclosure by insurance company to policy owner
744.364
Life settlement contract requirements
744.367
Limitations on ability to enter life settlement contract
744.369
Unlawful life settlement contract actions
744.372
Advertising of life settlement contracts
744.374
Enforcement of life settlement contract provisions
744.382
Prohibitions on finder’s fee, solicitations, discrimination
744.384
Rules
744.502
Definitions
744.505
Adjuster license required
744.515
Exemptions from adjuster licensing requirement
744.518
License application
744.521
Powers of director to issue, renew, amend, suspend and reinstate licenses
744.523
Conditions for licensing, renewing license for or amending license of business entity
744.525
Resident adjuster qualifications
744.528
Nonresident adjuster qualifications
744.531
Classes of insurance for adjusters
744.538
Change of circumstance of nonresident adjuster
744.541
Adjustment of claim under policy issued by unauthorized insurer
744.555
Temporary adjuster permit
744.575
Adjusting claims involving credit life or credit health insurance
744.578
Licensee’s place of business
744.581
Notices required
744.584
Prohibited conduct
744.602
Definitions
744.605
Insurance consultant’s license required
744.609
Exemptions
744.611
License application
744.614
Powers of director to issue, renew, amend, suspend and reinstate licenses
744.617
Conditions for licensing, renewing license for or amending license of business entity
744.619
Qualifications for resident insurance consultant’s license
744.621
Qualifications for nonresident insurance consultant’s license
744.626
Classes of insurance for consultants
744.631
Change of circumstance of nonresident insurance consultant
744.635
Errors and omissions insurance
744.638
Licensee’s place of business
744.641
Notices required
744.644
Prohibited conduct
744.650
Disclosure by insurance consultants
744.655
Rebates prohibited
744.665
Continuing education
744.700
Definitions for ORS 744.700 to 744.740
744.702
Third party administrator license
744.704
Exemptions from license requirement
744.706
Application for license
744.708
Waiver of information requirement
744.710
Issuance or denial of license
744.712
Expiration and renewal of license
744.714
Registration of persons exempt from licensure
744.716
Notification of change in ownership or control
744.718
Suspension, revocation or refusal of issuance or renewal of license
744.720
Agreement between insurer and third party administrator
744.722
Relationship of insurer and third party administrator regarding payments
744.724
Books and records
744.726
Errors and omissions insurance
744.728
Advertising
744.730
Disposition of charges and premiums
744.732
Contingent fee agreements
744.734
Notice to insureds regarding third party administrator
744.736
Delivery from insurer to insured
744.738
Annual report
744.740
Responsibility of insurer using third party administrator
744.800
Qualifications for reinsurance intermediary brokers and managers
744.802
Exemptions from application of requirements for reinsurance intermediary brokers and managers
744.804
Conditions under which reinsurance intermediary broker and insurer may enter into transactions
744.806
Records required to be kept by reinsurance intermediary brokers
744.808
Prohibition on use of unlicensed reinsurance intermediary broker
744.810
Conditions under which reinsurance intermediary manager and reinsurer may enter into transactions
744.812
Prohibitions on actions of reinsurance intermediary managers
744.814
Prohibition on use of unlicensed reinsurance intermediary manager
744.816
Director access to books, accounts and records
744.818
Errors and omissions insurance for reinsurance intermediary manager
744.820
Director authority if reinsurance intermediary broker or manager violates provisions of ORS 744.800 to 744.818
744.850
Definitions for ORS 744.850 to 744.858
744.852
Limited license for rental companies
744.854
Kinds of insurance authorized by limited license
744.856
Conditions for offer or sale of insurance
744.858
Revocation or suspension of limited license
744.860
Definitions for ORS 744.860 to 744.870
744.862
Limited license to sell insurance
744.864
Permissible sales
744.866
Training program
744.868
License suspension and revocation or other penalty
744.870
Compensation, bonuses and incentives
744.872
Rules
744.991
Criminal penalties
744.992
Civil penalties
744.994
Effect of license expiration or surrender on director’s investigation or disciplinary proceedings
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