2021 Oregon Revised Statutes
Chapter 735 - Alternative Insurance
Section 735.430 - Surplus Line Association of Oregon; fees.


(a) Facilitate and encourage compliance by resident and nonresident surplus lines licensees with the laws of this state and the rules of the Director of the Department of Consumer and Business Services relative to surplus lines insurance;
(b) Provide means for the examination, which must remain confidential as provided in ORS 705.137, of all surplus lines coverage written by resident and nonresident surplus lines licensees to determine whether the coverages comply with the Oregon Surplus Lines Law;
(c) Communicate with organizations of admitted insurers with respect to the proper use of the surplus lines market;
(d) Receive and disseminate to resident and nonresident surplus lines licensees information relative to surplus lines coverages; and
(e) At the request of the director, receive and collect on behalf of the state and remit to the state premium receipts taxes for surplus lines and wet marine and transportation insurance under ORS 731.830, 735.417 or 735.470.
(2) The Surplus Line Association of Oregon shall file with the director:
(a) A copy of the association’s constitution, articles of agreement or association or certificate of incorporation;
(b) A copy of the association’s bylaws and rules governing the association’s activities;
(c) A current list of members;
(d) The name and address of a resident of this state upon whom notices or orders of the director or processes issued at the direction of the director may be served;
(e) An agreement that the director may examine the Surplus Line Association of Oregon in accordance with the provisions of this section; and
(f) A schedule of fees and charges.
(3) The director may make or cause to be made an examination of the Surplus Line Association of Oregon. The reasonable cost of any examination must be paid by the association at the time the director presents a detailed account to the association of each cost. The officers, managers, agents and employees of the association may be examined at any time, under oath, and shall exhibit all books, records, accounts, documents or agreements governing the association’s method of operation. The director shall furnish two copies of the examination report to the association and shall notify the association that the association may, within 20 days after receiving the report, request a hearing on the report or on any facts or recommendations in the report. If the director finds that the association or any member of the association has violated ORS 735.400 to 735.495, the director may issue an order requiring the discontinuance of the violation.
(4)(a) The Surplus Line Association of Oregon may charge resident and nonresident surplus lines licensees and insurance producers a fee for reviewing surplus lines and wet marine and transportation insurance policies and for collecting, on behalf of the state, taxes imposed under ORS 731.830 and 735.470.
(b) The association may charge insureds a fee for collecting, on behalf of the state, reports required and taxes imposed under ORS 735.417.
(c) The association shall adopt bylaws implementing paragraphs (a) and (b) of this subsection. [1987 c.774 §123; 2001 c.377 §14; 2005 c.185 §13; 2007 c.71 §235; 2011 c.660 §12; 2019 c.493 §3]

Structure 2021 Oregon Revised Statutes

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 735.015 - Purpose.

Section 735.055 - Association board of directors; appointment; compensation, expenses of members; quorum.

Section 735.065 - Required association functions; assessments.

Section 735.075 - Discretionary association functions.

Section 735.085 - Plan of operation; submission to director; approval of plan; compliance with plan; rules.

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 735.154 - Rules.

Section 735.156 - Confidentiality of documents and materials; public disclosure.

Section 735.158 - Certificate of authority; restriction on types of insurance; requirements for certification; requirements for corporations; fees; expiration and renewal of certificate.

Section 735.160 - Business name.

Section 735.162 - Capital and surplus requirements; form permitted; security for branch captive insurers; dividends and distributions.

Section 735.164 - Incorporation of pure captive insurer and association captive insurer; application; fee; approval; alien captive insurer; application of corporation laws.

Section 735.166 - Investment requirements for association captive insurer.

Section 735.168 - Allowable risks for captive insurer; risk distribution pool; annual actuarial opinion; rules.

Section 735.170 - Rating organization.

Section 735.172 - Reporting; contents; filing date; waiver of annual statement for alien captive insurer; rules.

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 735.182 - Examination of branch captive insurer and alien captive insurer; payment of charges and expenses.

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 735.310 - Qualifications for risk retention group; plan of operation; application; notification to National Association of Insurance Commissioners.

Section 735.315 - Foreign risk retention groups; conditions of doing business in Oregon; prohibited acts.

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 735.417 - Insured required to report and pay taxes on independently procured insurance covering Oregon home state risks.

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 735.435 - Evidence of insurance; contents; change; penalty; notice regarding Insurance Guaranty Association; rules.

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 735.490 - Jurisdiction in action against insurer; service of summons and complaint; response.

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 735.520 - Oregon Essential Workforce Health Care Program; supplemental payments to eligible employers; requirements for participation; rules.

Section 735.530 - Definitions for ORS 735.530 to 735.552.

Section 735.532 - Registration of pharmacy benefit managers; fees; rules.

Section 735.533 - Denial, suspension or revocation of registration as pharmacy benefit manager; basis; complaint; rules.

Section 735.534 - Claim reimbursement; maximum allowable costs; documentation; rules.

Section 735.536 - Requirements for pharmacy benefit manager’s reimbursement for cost of drugs; 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 735.550 - Pharmacy claims audits; reports of findings; opportunity to resubmit claim and to contest finding.

Section 735.552 - Pharmacy claims audits; exception for fraud.