Active State Licenses

OREGON - Chapter 744 — Insurance Producers; Life Settlement Providers, Brokers and Contracts; Adjusters; Consultants; Third Party Administrators; Reinsurance Intermediaries; Limited Licenses
744.053 Requirements to be licensed as insurance producer for class of insurance. A person may not sell, solicit or negotiate insurance in this state for any class or classes of insurance unless the person is licensed as an insurance producer for that class or those classes in accordance with ORS 744.052 to 744.089. [2001 c.191 §3; 2003 c.364 §3]

744.059 Qualifications for license; use of uniform application. (1) An individual applying for a resident insurance producer license shall apply to the Director of the Department of Consumer and Business Services on the Uniform Application and shall declare that the statements made in the application are true, correct and complete to the best of the individual’s knowledge and belief. Before approving the application, the director must find that the individual:

   (a) Is at least 18 years of age;

   (b) Has not committed an act that is a ground for action on a license set forth in ORS 744.074;

   (c) When required by the director, has completed a prelicensing course of study for the lines of authority for which the person has applied;

   (d) Has paid all applicable fees; and

   (e) Has successfully passed the examination for the lines of authority for which the person has applied.

   (2) A business entity acting as an insurance producer is required to obtain an insurance producer license. Application shall be made on the Uniform Business Entity Application. Before approving the application, the director must find that:

   (a) The business entity has paid all applicable fees; and

   (b) The business entity has designated a licensed insurance producer responsible for the business entity’s compliance with the insurance laws and rules of this state.

   (3) The director may require any documents necessary to verify the information contained in an application.

   (4) Each insurer that sells, solicits or negotiates any form of limited class credit insurance shall provide to each limited class credit insurance producer a program of instruction, which is subject to review and approval by the director. [2001 c.191 §6; 2003 c.364 §6]

   744.074 Authority of director to place licensee on probation or to suspend, revoke or refuse to issue or renew license. (1) The Director of the Department of Consumer and Business Services may place a licensee on probation or suspend, revoke or refuse to issue or renew an insurance producer license and may take other actions authorized by the Insurance Code in lieu thereof or in addition thereto, for any one or more of the following causes:

   (a) Providing incorrect, misleading, incomplete or materially untrue information in the license application.

   (b) Violating any insurance laws, or violating any rule, subpoena or order of the director or of the insurance commissioner of another state or Mexico or Canada.

   (c) Obtaining or attempting to obtain a license through misrepresentation or fraud.

   (d) Improperly withholding, misappropriating or converting any moneys or properties received in the course of doing insurance business.

   (e) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.

   (f) Having been convicted of a felony, of a misdemeanor involving dishonesty or breach of trust, or of an offense punishable by death or imprisonment under the laws of the United States. The record of the conviction shall be conclusive evidence of the conviction.

   (g) Having admitted or been found to have committed any unfair trade practice or fraud related to insurance.

   (h) Using fraudulent, coercive or dishonest practices, or demonstrating incompetence, untrustworthiness or financial irresponsibility in the conduct of business in this state or elsewhere.

   (i) Cancellation, revocation, suspension or refusal to renew by any state of a license or other evidence of authority to act as an adjuster or an insurance producer or consultant. The record of the cancellation, revocation, suspension or refusal to renew shall be conclusive evidence of the action taken.

   (j) Cancellation, revocation, suspension or refusal to renew by any state or federal agency, by a Canadian province or by the government of Mexico of the authority to practice law or to practice under any other regulatory authority if the cancellation, revocation, suspension or refusal to renew was related to the business of an adjuster or an insurance producer or consultant, or if dishonesty, fraud or deception was involved. The record of the cancellation, revocation, suspension or refusal to renew shall be conclusive evidence of the action taken.

   (k) Forging another person’s name to an application for insurance or to any document related to an insurance transaction.

   (L) Improperly using notes or any other reference material to complete an examination for an insurance license.

   (m) Knowingly accepting insurance business from an individual who is not licensed.

   (n) Error by the director in issuing or renewing a license.

   (o) Failing to pay a civil penalty assessed by the director that has become final by operation of law or upon appeal.

   (p) Failing to pay any fee or charge to the director.

   (q) Failing to comply with continuing education requirements applicable to the license or any class of insurance authorized under the license, unless the director has waived the requirements.

   (2) If the director refuses to issue or renew an insurance producer license, the director shall notify the applicant or licensee and inform the applicant or licensee in writing of the reason for the refusal to issue or renew and of the applicant’s or licensee’s rights under ORS chapter 183.

   (3) The director may suspend, revoke or refuse to issue or renew the insurance producer license of a business entity if the director determines that an individual licensee’s violation was known or should have been known by one or more of the partners, officers or managers acting on behalf of the partnership or corporation but the violation was not reported to the director and corrective action was not taken. [2001 c.191 §14; 2003 c.364 §15]