(1) The Director of the Department of Consumer and Business Services shall:
(a) Upon request of the board of directors, provide the Oregon Life and Health Insurance Guaranty Association with a statement of the premiums in the appropriate states for each member insurer.
(b) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute notice to its shareholders, if any. The failure of the insurer to promptly comply with such demand shall not excuse the association from the performance of its powers and duties under ORS 734.750 to 734.890.
(2) The director may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative the director may levy a forfeiture on any member insurer which fails to pay an assessment when due. Such forfeiture shall not exceed five percent of the unpaid assessment per month, but no forfeiture shall be less than $100 per month.
(3) Any action of the board of directors or the association may be appealed to the director by any member insurer if such appeal is taken within 30 days of the action being appealed. Any final action or order of the director shall be subject to judicial review in a court of competent jurisdiction.
(4) The liquidator, rehabilitator or conservator of any impaired insurer may notify all interested persons of the effect of ORS 734.750 to 734.890. [1975 c.251 ยง12]
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers
Section 734.014 - Definitions.
Section 734.026 - "Domiciliary," "ancillary" and "reciprocal state" defined.
Section 734.043 - Supervision of insurer; order; consequences; insurer remedies.
Section 734.047 - Time for correction of condition leading to order of supervision.
Section 734.059 - Request for court order.
Section 734.063 - Court order; hearings; notice.
Section 734.067 - Review of court order.
Section 734.110 - Jurisdiction of delinquency proceedings; venue.
Section 734.113 - Application of Oregon Receivership Code.
Section 734.120 - Exclusive remedy; appeal.
Section 734.130 - Commencement of delinquency proceeding.
Section 734.140 - Injunctions.
Section 734.142 - Cooperation with director in delinquency proceedings.
Section 734.144 - Immunity of certain persons from civil liability.
Section 734.150 - Grounds for rehabilitation of domestic insurers.
Section 734.160 - Order of rehabilitation for domestic insurers.
Section 734.170 - Grounds for liquidation of domestic insurers.
Section 734.180 - Order of liquidation of domestic insurers.
Section 734.190 - Grounds for conservation of foreign and alien insurers.
Section 734.200 - Conservation or ancillary receivership of foreign and alien insurers.
Section 734.210 - Conduct of delinquency proceedings for domestic insurers.
Section 734.220 - Powers of director as receiver.
Section 734.240 - Conduct of delinquency proceedings for foreign insurers.
Section 734.260 - Claims of nonresidents against domestic insurers.
Section 734.270 - Claims of residents against foreign insurers.
Section 734.280 - Form of claim; notice; hearing.
Section 734.290 - Priority of preferred claims.
Section 734.350 - Voidable transfers.
Section 734.360 - Preference of claims.
Section 734.380 - Allowance of certain claims.
Section 734.390 - Time to file claims.
Section 734.400 - Report for assessment; domestic mutual and reciprocal insurers.
Section 734.410 - Levy of assessment; domestic mutual and reciprocal insurers.
Section 734.430 - Publication and transmittal of assessment order.
Section 734.440 - Judgment upon assessment.
Section 734.510 - Definitions for ORS 734.510 to 734.710.
Section 734.570 - Required functions of association.
Section 734.579 - Recoupment assessments; rules.
Section 734.580 - Discretionary functions of association.
Section 734.590 - Plan of operation; submission to director; rules.
Section 734.600 - Contents of plan of operation.
Section 734.640 - Claim priority.
Section 734.695 - Liability of insured of insolvent insurer.
Section 734.700 - Defense of claims on default of insolvent insurer.
Section 734.760 - Definitions for ORS 734.750 to 734.890.
Section 734.790 - Application.
Section 734.815 - Assessment of members; classes of assessments; amounts; refunds.
Section 734.820 - Plan of operation; submission of amendments to director; rules; contents of plan.
Section 734.825 - Powers and duties of director.
Section 734.835 - Assessments offset against tax liabilities; rate.