(2) The director shall make a copy of the report submitted under subsection (1) of this section available to the person who is the subject of the examination and shall give the person an opportunity to review and comment on the report. The director may request additional information or meet with the person for the purpose of resolving questions or obtaining additional information, and may direct the examiner to consider the additional information for inclusion in the report.
(3) Before the director files the examination report as a final examination report or makes the report or any matters relating thereto public, the person being examined shall have an opportunity for a hearing. A copy of the report must be mailed by certified mail to the person being examined. The person may request a hearing not later than the 30th day after the date on which the report was mailed. This subsection does not limit the authority of the director to disclose a preliminary or final examination report as otherwise provided in this section.
(4) The director shall consider comments presented at a hearing requested under subsection (3) of this section and may direct the examiner to consider the comments or direct that the comments be included in documentation relating to the report, although not as part of the report itself. The director may file the report as a final examination report at any time after consideration of the comments or at any time after the period for requesting a hearing has passed if a hearing is not requested.
(5) A report filed as a final examination report is subject to public inspection. The director, after filing any report, if the director considers it for the interest of the public to do so, may publish any report or the result of any examination as contained therein in one or more newspapers of the state without expense to the person examined.
(6) All work papers, recorded information, documents and copies thereof that are produced or obtained by or disclosed to the director or any other person in the course of an examination or in the course of analysis by the director of the financial condition or market conduct of an insurer are confidential and are exempt from public inspection as provided in ORS 705.137. If the director, in the director’s sole discretion, determines that disclosure is necessary to protect the public interest, the director may make available work papers, recorded information, documents and copies thereof produced by, obtained by or disclosed to the director or any other person in the course of the examination.
(7) The director may disclose the content of an examination report that has not yet otherwise been disclosed or may disclose any of the materials described in subsection (6) of this section as provided in ORS 705.137. [Formerly 736.560; 1993 c.447 §4; 1999 c.364 §1; 2001 c.377 §5]
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Chapter 731 - Administration and General Provisions
Section 731.026 - Application of Insurance Code to particular insurers.
Section 731.036 - Persons completely exempt from application of Insurance Code.
Section 731.066 - "Authorized," "unauthorized" insurer.
Section 731.069 - "Certificate," "certificate holder."
Section 731.072 - "Certificate of authority," "license."
Section 731.074 - "Commercial liability insurance."
Section 731.075 - "Covered life."
Section 731.076 - "Department," "director."
Section 731.082 - "Domestic," "foreign," "alien" insurer.
Section 731.096 - "Domicile of alien insurer."
Section 731.097 - "Essential health benefits."
Section 731.098 - "Group health insurance."
Section 731.099 - "Independently procured insurance."
Section 731.102 - "Insurance."
Section 731.104 - "Insurance producer."
Section 731.114 - "Limited benefit coverage."
Section 731.142 - "Stock," "mutual" and "reciprocal" insurer.
Section 731.144 - "Surplus lines insurance."
Section 731.146 - "Transact insurance."
Section 731.158 - "Casualty insurance."
Section 731.164 - "Home protection insurance," "home protection insurer."
Section 731.170 - "Life insurance"; includes annuities.
Section 731.174 - "Marine and transportation insurance."
Section 731.178 - "Mortgage insurance."
Section 731.194 - "Wet marine and transportation insurance."
Section 731.216 - Administrative power of director.
Section 731.228 - Prohibited interests and rewards.
Section 731.232 - Subpoena power.
Section 731.236 - General powers and duties.
Section 731.240 - Hearings in general.
Section 731.252 - Cease and desist orders.
Section 731.256 - Enforcement generally; restitution.
Section 731.259 - Requirement for written notice to insured; rules.
Section 731.264 - Complaints and investigations confidential; permitted disclosures; rules.
Section 731.268 - Use of reproductions and certified copies as evidence; fee.
Section 731.272 - Director’s annual reports; notice of publication of report.
Section 731.280 - Publications authorized.
Section 731.284 - Distribution of insurance laws.
Section 731.292 - Disposition of fees, charges, taxes, penalties and other moneys.
Section 731.300 - Examination of insurers; when required.
Section 731.304 - Investigation of persons transacting insurance.
Section 731.308 - Procedure at examination or investigation; production of books and other records.
Section 731.314 - Immunity for director, examiner and others.
Section 731.324 - Service of process on Secretary of State; notice to unauthorized insurer.
Section 731.328 - Deposits by unauthorized insurers in actions or proceedings.
Section 731.362 - Requirements of foreign or alien insurers generally.
Section 731.363 - Authorized foreign insurer becoming domestic insurer.
Section 731.369 - Requirements of reciprocal insurers generally.
Section 731.370 - Reciprocal insurer’s financial statement; service of process.
Section 731.371 - Powers of reciprocal insurer regarding real estate.
Section 731.374 - Exemptions to certificate of authority requirement.
Section 731.386 - Management of insurers.
Section 731.394 - Combinations of insuring powers in one insurer.
Section 731.402 - Issuance or refusal of certificate of authority.
Section 731.406 - What certificate evidences; ownership of certificate.
Section 731.410 - Continuance, expiration or reinstatement of certificate of authority.
Section 731.414 - Suspension or revocation of certificate of authority; mandatory grounds.
Section 731.418 - Grounds for suspension or revocation of certificate of authority.
Section 731.428 - Written consent to engage or participate in business of insurance; rules.
Section 731.430 - Name of insurer.
Section 731.434 - Registered office and agent.
Section 731.458 - Exchange of reciprocal or interinsurance contracts.
Section 731.466 - Power of attorney for reciprocal insurer.
Section 731.470 - Attorney for reciprocal insurer.
Section 731.484 - Prohibition on certain sales related to group health and group life insurance.
Section 731.488 - Annual audit of insurer; rules.
Section 731.504 - Limit of risk.
Section 731.508 - Approved reinsurance.
Section 731.509 - Legislative intent; criteria for allowing credit for reinsurance; rules.
Section 731.510 - Criteria for allowing reduction from liability for reinsurance; rules.
Section 731.512 - Withdrawal of insurer; reinsurance.
Section 731.516 - Mortgage insurance limitation; waiver of limitation; rules; fees.
Section 731.554 - Capital and surplus requirements.
Section 731.574 - Annual financial statement.
Section 731.590 - "Insurer" defined for ORS 731.592 and 731.594.
Section 731.592 - Reporting criminal conduct involving insurance.
Section 731.604 - Acceptance of deposits of insurers.
Section 731.608 - Purpose of deposit.
Section 731.612 - Rights of insurer regarding deposits.
Section 731.616 - Valuation of deposits; deficiencies.
Section 731.620 - Assignment of deposited securities.
Section 731.624 - Special deposits; foreign and alien insurers.
Section 731.628 - Deposit required of workers’ compensation insurers.
Section 731.636 - Deposit or trusteed assets of alien insurer required.
Section 731.640 - Eligible deposits; rules.
Section 731.644 - Payment of losses out of deposits, generally.
Section 731.648 - Duration and release of deposit.
Section 731.652 - Proofs for release of deposit to insurers; director’s responsibility.
Section 731.730 - Insurer filings with National Association of Insurance Commissioners.
Section 731.754 - Permissible uses of reports and plans described in ORS 731.752.
Section 731.760 - Definitions for ORS 731.760 to 731.770.
Section 731.761 - Privileged information.
Section 731.762 - Authority of director.
Section 731.764 - Waiver of privilege; permitted disclosures.
Section 731.766 - Petition for in camera hearing; hearing; compelled disclosure.
Section 731.768 - Privilege; exceptions.
Section 731.804 - Assessments; rules; fees; how determined.
Section 731.820 - Gross premium tax on fire insurance premiums.
Section 731.822 - Prepayment of tax due.
Section 731.824 - Tax on underwriting profits of wet marine and transportation insurers.
Section 731.828 - Computation of wet marine and transportation insurance tax.
Section 731.833 - Record keeping requirements for wet marine and transportation insurance contracts.
Section 731.836 - Limitation on enforcement of insurer’s tax obligations.
Section 731.854 - Retaliatory tax.
Section 731.859 - Applicability of retaliatory provisions; disclosure of tax returns.
Section 731.870 - State of emergency; effect upon insurance policies; rules.