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.

737.007
“Rating organization” defined
737.012
“Advisory organization” defined
737.017
“Member,” “subscriber” defined
737.025
Purpose, intent of chapter
737.035
Application of chapter
737.045
Remedies of director for violations of chapter
737.205
Filing rates, plans with director
737.207
Commercial liability insurance rate filings
737.209
Hearing on rate filings under ORS 737.207
737.215
Effect of noncompliance with rating regulation
737.225
Records requirements
737.230
Data must include certain information
737.235
Examining rating systems of insurers
737.245
Collusive ratings prohibited
737.255
Authority for cooperative ratings and systems
737.265
Unauthorized adherence to rates, rating systems
737.270
Determination of workers’ compensation premiums for worker leasing company
737.275
Preparation of rates, rating systems and other administrative matters by insurers under common ownership
737.310
Method of rate making
737.312
Agreements among insurers for assignment of risks
737.316
Combining employers for workers’ compensation insurance
737.318
Premium audit program for workers’ compensation insurance
737.320
Review of certain filings
737.322
Rating plan approval
737.325
Suspension or modification of filing requirement
737.330
Contracts to comply with effective filings
737.336
Disapproval of filings by director
737.340
Initiation of proceedings by aggrieved person to determine lawfulness of filings
737.342
Hearing and order procedure
737.350
Application for license by rating organization
737.355
Licensing rating organizations generally
737.360
Rating organization to accept insurers as subscribers
737.365
Cooperative activities among rating organizations and insurers
737.390
Regulation of joint underwriting and joint reinsurance
737.505
Insured entitled to rate information
737.510
Advisory organizations
737.515
Examination of rating, advisory and other organizations
737.526
Interchange of data
737.535
Withholding or giving false information prohibited
737.545
Procedure for suspension of rating organization license
737.560
Rating organization membership
737.600
Fictitious grouping for rate purposes prohibited
737.602
Authorization for insurance for certain projects
737.604
Rules
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