(b) The three-year period described in paragraph (a) of this subsection is determined on the basis of three full annual accounting periods of operation.
(c) The examination is to be made as of December 31 of the full three-year period or as of the last day of the month of an annual accounting period authorized for a captive insurer under this section.
(d) In addition to an examination required under this subsection, the director may examine a captive insurer whenever the director determines it to be prudent.
(2) During an examination under this section, the director shall thoroughly examine the affairs of the captive insurer to ascertain:
(a) The financial condition of the captive insurer;
(b) The ability of the captive insurer to fulfill the obligations of the captive insurer; and
(c) Whether the captive insurer meets the requirements of ORS 735.150 to 735.190.
(3) The director may expand the three-year period described in subsection (1) of this section to five years if during that period a captive insurer is subject to a comprehensive annual audit:
(a) Of a scope satisfactory to the director; and
(b) Performed by independent auditors approved by the director.
(4) The director may accept a comprehensive annual independent audit in lieu of an examination if the scope of the examination is satisfactory to the director and the examination is performed by a qualified independent auditor.
(5) A captive insurer that is examined under this section shall pay the expenses and charges of the examination. [2012 c.84 §14]
Note: See note under 735.150.
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Chapter 735 - Alternative Insurance
Section 735.005 - Definitions for ORS 735.005 to 735.145.
Section 735.065 - Required association functions; assessments.
Section 735.075 - Discretionary association functions.
Section 735.095 - Contents of plan of operation.
Section 735.150 - Definitions for ORS 735.150 to 735.190.
Section 735.152 - Application of laws.
Section 735.156 - Confidentiality of documents and materials; public disclosure.
Section 735.160 - Business name.
Section 735.166 - Investment requirements for association captive insurer.
Section 735.170 - Rating organization.
Section 735.174 - Examination; frequency; scope; payment of expenses.
Section 735.176 - Compliance with sound actuarial principles.
Section 735.178 - Suspension or revocation of certificate of authority.
Section 735.180 - Branch captive insurer as pure captive insurer; rules.
Section 735.184 - Requirements for foreign captive insurer to provide insurance in this state.
Section 735.186 - Management of assets of captive reinsurer.
Section 735.188 - Application of captive reinsurer for certificate of authority.
Section 735.190 - Incorporation of captive reinsurer.
Section 735.200 - Legislative findings; purpose.
Section 735.205 - Definitions for ORS 735.200 to 735.260.
Section 735.210 - Formation of market assistance plans; rules.
Section 735.215 - Findings prior to formation of joint underwriting association; hearing.
Section 735.245 - Conditions for policyholder surcharge.
Section 735.265 - Liquor liability insurance risk and rate classifications; rules.
Section 735.305 - Definitions for ORS 735.300 to 735.365.
Section 735.320 - Relationship to insurance guaranty fund and joint underwriting association.
Section 735.330 - Purchasing groups; notice of intent to do business; registration; exceptions.
Section 735.400 - Purposes of ORS 735.400 to 735.495.
Section 735.405 - Definitions for ORS 735.400 to 735.495.
Section 735.410 - Conditions for procuring insurance through nonadmitted insurer; rules.
Section 735.415 - Qualifications for placement of coverage with nonadmitted insurer.
Section 735.420 - Declaration of ineligibility of surplus lines insurer.
Section 735.425 - Filing by licensee after placement of surplus lines insurance.
Section 735.430 - Surplus Line Association of Oregon; fees.
Section 735.455 - Authority of licensee; rules.
Section 735.460 - Records of licensee; examination.
Section 735.465 - Monthly reports; rules.
Section 735.470 - Premium tax; collection; payment; refund; rules.
Section 735.480 - Suspension or revocation of license; refusal to renew; grounds.
Section 735.485 - Actions against surplus lines insurer.
Section 735.495 - Short title; severability.
Section 735.500 - Requirements for certification as retainer medical practice; disclosures; rules.
Section 735.510 - Notice to department of specified changes to practice.
Section 735.515 - Charges for services not covered by contract.
Section 735.530 - Definitions for ORS 735.530 to 735.552.
Section 735.532 - Registration of pharmacy benefit managers; fees; rules.
Section 735.534 - Claim reimbursement; maximum allowable costs; documentation; rules.
Section 735.540 - Definitions for ORS 735.540 to 735.552.
Section 735.542 - Pharmacy claims audits; requirements.
Section 735.544 - Pharmacy claims audits; standards for review of claims.
Section 735.546 - Pharmacy claims audits; auditors.
Section 735.548 - Pharmacy claims audits; validation of claims.
Section 735.552 - Pharmacy claims audits; exception for fraud.