Oregon Administrative Rules
Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION
Division 81 - TRADE PRACTICES - GENERAL PROVISIONS
Section 836-081-0005 - Statutory Authority; Purpose; Definitions
Current through Register Vol. 63, No. 12, December 1, 2024
(1) OAR 836-081-0005 and 836-081-0010 are adopted by the Director of the Department of Consumer and Business Services pursuant to the general rulemaking authority in ORS 731.244.
(2) OAR 836-081-0005 and 836-081-0010 identify particular practices that make an unfair discrimination in the availability of insurance, in violation of ORS 746.015. OAR 836-081-0005 and 836-081-0010 do not limit the Director's authority to determine that other practices relating to insurance availability are unfairly discriminatory.
(3) OAR 836-081-0005 and 836-081-0010 do not concern the making and use of insurance rates. Under ORS 737.310, which applies to most lines of property and casualty insurance, the making and use of rates that are unfairly discriminatory is prohibited. Under ORS 746nfair discrimination in the application of rates is prohibited.
(4) OAR 836-081-0005 and 836-081-0010 do not prohibit the use of other risk selection criteria that reasonably can be related to the rates and policy forms used by the insurer.
(5) For the purpose of OAR 836-081-0005 and 836-081-0010:
Stat. Auth.: ORS 731 & 746
Stats. Implemented: ORS 746.015(1)