(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.

Terms Used In Oregon Statutes 737.045

  • advisory organization: means every group, association or other organization of insurers, whether located within or outside this state, which assists authorized insurers which make their own filings or licensed rating organizations in rate making, by the collection and furnishing of loss or expense statistics or by the submission of recommendations, but which does not make filings under this chapter. See Oregon Statutes 737.012

(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 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 or 737.340 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 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]

 

[1967 c.359 § 302; repealed by 1969 c.690 § 29]

 

[Amended by 1961 c.562 § 7; 1965 c.611 § 17; repealed by 1967 c.359 § 704]

 

[Repealed by 1967 c.359 § 704]

 

[Repealed by 1967 c.359 § 704]

 

[Repealed by 1967 c.359 § 704]

 

[Repealed by 1967 c.359 § 704]

 

[Repealed by 1967 c.359 § 704]

 

[Repealed by 1969 c.336 § 21 and 1969 c.690 § 29]

 

[Repealed by 1967 c.359 § 704]

 

[Repealed by 1967 c.359 § 704]

 

[Repealed by 1967 c.359 § 704]

 

[Repealed by 1967 c.359 § 704]

 

[Repealed by 1967 c.359 § 704]

 

[Repealed by 1967 c.359 § 704]

 

[Repealed by 1967 c.359 § 704]

 

[Repealed by 1967 c.359 § 704]

 

[Amended by 1967 c.359 § 308; renumbered 737.312]

 

[Repealed by 1967 c.359 § 704]

 

RATES AND RATE MAKING