ORS § 744.521

Current through 2024 Regular Session legislation effective June 6, 2024
Section 744.521 - Powers of director to issue, renew, amend, suspend and reinstate licenses; license expiration; fees
(1) The Director of the Department of Consumer and Business Services may issue a license for a person to engage in business as an adjuster in this state if the director finds that the person:
(a) Submitted a complete and accurate application in accordance with ORS 744.518;
(b) Paid all required fees to the director and to any other provider or entity the director specifies by rule;
(c) Met the qualifications set forth in ORS 744.525 or 744.528, as appropriate;
(d) Met the qualifications for each category of insurance business and class of insurance that the license will authorize the applicant to adjust; and
(e) Has not engaged in conduct that would subject the person to discipline under ORS 744.584.
(2)
(a) The director may renew a license the director issues under this section if the licensee:
(A) Pays all fees the director by rule requires for the renewal;
(B) Demonstrates, if the licensee is an individual, that the licensee has satisfactorily completed a minimum of 24 hours of continuing education courses, including continuing education courses required for any other insurance license in this state, of which three hours must consist of instruction in ethics and three hours must consist of instruction in Oregon law or in continuing education subjects that the licensee's home state requires;
(C) Proves to the director that the licensee continues to hold a valid license or other evidence of an authorization to engage in each category of insurance business and class of insurance authorized in the license that the licensee intends to renew, if the licensee is not a resident;
(D) Has not engaged in any conduct that would subject the licensee to discipline under ORS 744.584; and
(E) Satisfies any other requirement the director by rule establishes for renewing a license under this subsection.
(b) The director may renew a license that has expired within one year after the expiration date if:
(A) The director did not revoke the former licensee's license or did not refuse to renew the license for failing the condition stated in paragraph (a)(D) of this subsection;
(B) The director determines, by examination or otherwise, that the former licensee knows the portions of the Insurance Code that apply to a licensee;
(C) The former licensee pays double the amount of the fee the director has specified in accordance with paragraph (a)(A) of this subsection; and
(D) The former licensee otherwise satisfies all applicable requirements for renewal.
(c) A former licensee may renew a license that has expired during a period of suspension as provided in paragraph (b) of this subsection.
(d) A person that does not renew a license as provided in paragraph (a) or (b) of this subsection may obtain a license only as provided in subsection (1) of this section.
(3) The director may amend a license to add a category of insurance business or a class or classes of insurance if the licensee applies for the amendment in accordance with procedures the director specifies by rule. The director may require a licensee that applies for an amendment to the license to follow the application procedures set forth in ORS 744.518.
(4) A license that the director issues or renews under this section shall specify whether the licensee is a resident or a nonresident and the class or classes of insurance, as described in ORS 744.531, under which the licensee may engage in business as an adjuster.
(5)
(a) A license that the director issues under subsection (1) of this section expires on the last day of the month in which the anniversary of the date on which the director issued the license occurs, unless the director specifies a different date by rule or order.
(b) A license that the director renews as provided in subsection (2) of this section expires two years after the renewal date, unless the director specifies a different date by rule or order.
(c) Adding a category of insurance business to a license under subsection (3) of this section does not change the expiration date for the license.
(6) The director may reinstate a licensee's license under the following circumstances:
(a) If the director revoked the license, removed a category of insurance business or removed a class of insurance, the director may reinstate the license, category or class if the licensee satisfies all of the conditions that the director prescribes for reinstatement; and
(b) If a licensee has voluntarily surrendered a license, the director may reinstate the license without requiring the former licensee to take an examination otherwise required for the license if the former licensee applies for the license as provided in ORS 744.518 within two years after surrendering the previous license and demonstrates that the former licensee has satisfied any continuing education requirements that would have applied had the former licensee renewed the previous license.
(7) If the director has suspended a license, the director may modify or lift the suspension at a time certain or upon the licensee's satisfying the conditions the director prescribes for modifying or lifting the suspension.

ORS 744.521

2019 c. 151, § 6