2017 ORS 731.264¹
Complaints and investigations confidential
  • permitted disclosures
  • rules

(1) A complaint made to the Director of the Department of Consumer and Business Services against any person regulated by the Insurance Code, and the record of the complaint, is confidential and may not be disclosed except as provided in subsection (3) of this section and in ORS 705.137 (Information that is confidential or not subject to disclosure). The complaint, and the record of the complaint, may not be used in any action, suit or proceeding except to the extent the director considers necessary in prosecuting apparent violations of the Insurance Code or other law.

(2) Data gathered pursuant to an investigation by the director of a complaint is confidential, may not be disclosed except as provided in ORS 705.137 (Information that is confidential or not subject to disclosure) and may not be used in any action, suit or proceeding except to the extent the director considers necessary in investigating or prosecuting apparent violations of the Insurance Code or other law.

(3) The director may provide to any requester information about complaints that the director receives against an insurer for any of the unlawful practices described in ORS 746.230 (Unfair claim settlement practices). Before providing information about a complaint the director receives, the director shall remove information that could identify the person that submitted the complaint.

(4) Notwithstanding subsections (1) to (3) of this section, the director shall establish by rule a method for publishing an annual statistical report containing the insurer’s name and the number, percentage, type and disposition of complaints the Department of Consumer and Business Services receives against each insurer that transacts insurance within this state. [1967 c.359 §59; 1971 c.231 §11; 1987 c.481 §1; 1987 c.774 §149; 2001 c.377 §4; 2016 c.62 §1]

Note: The amendments to 731.264 (Complaints and investigations confidential) by section 2, chapter 62, Oregon Laws 2016, become operative January 1, 2021. See section 3, chapter 62, Oregon Laws 2016. The text that is operative on and after January 1, 2021, is set forth for the user’s convenience.

731.264 (Complaints and investigations confidential). (1) A complaint made to the Director of the Department of Consumer and Business Services against any person regulated by the Insurance Code, and the record of the complaint, is confidential and may not be disclosed except as provided in ORS 705.137 (Information that is confidential or not subject to disclosure). The complaint, and the record of the complaint, may not be used in any action, suit or proceeding except to the extent the director considers necessary in prosecuting apparent violations of the Insurance Code or other law.

(2) Data gathered pursuant to an investigation by the director of a complaint is confidential, may not be disclosed except as provided in ORS 705.137 (Information that is confidential or not subject to disclosure) and may not be used in any action, suit or proceeding except to the extent the director considers necessary in investigating or prosecuting apparent violations of the Insurance Code or other law.

(3) Notwithstanding subsections (1) and (2) of this section, the director shall establish by rule a method for publishing an annual statistical report containing the insurer’s name and the number, percentage, type and disposition of complaints the Department of Consumer and Business Services receives against each insurer that transacts insurance within this state.

Chapter 731

Atty. Gen. Opinions

Vehicle service contracts sold to purchasers by motorcycle and motor vehicle dealers as constituting sale of insurance, (1978) Vol 38, p 2218

1 Legislative Counsel Committee, CHAPTER 731—Administration and General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors731.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 731, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano731.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.