Chapter 731 — Administration and General Provisions

ORS 731.870 State of emergency; effect upon insurance policies; rules

(1)

When the Governor declares a state of emergency under ORS 401.165, the Director of the Department of Consumer and Business Services may issue an order that addresses any or all of the following matters related to insurance policies issued in this state:

(a)

Reporting requirements for claims;

(b)

Grace periods for payment of insurance premiums and performance of other duties by insureds; and

(c)

Temporary postponement of cancellations and nonrenewals.

(2)

An order by the director under subsection

(1)

of this section may remain effective for not more than 30 days unless the director extends the termination date for the order for an additional period of not more than 30 days or for subsequent additional periods of not more than 30 days. The director may extend the order if, in the director’s

judgment, the circumstances warrant an extension. The order must specify, by line of insurance:

(a)

The geographic areas in which the order applies, which must be within but may be less extensive than the geographic area specified in the Governor’s proclamation of a state of emergency and must be specified according to an appropriate means of delineation, such as United States Postal Service ZIP codes or other appropriate means; and

(b)

The date on which the order becomes effective and the date on which the order terminates.

(3)

The director shall adopt rules that establish general criteria for orders issued under this section and may adopt emergency rules applicable to a specific proclamation of a state of emergency by the Governor.

(4)

The rulemaking authority set forth in this section does not limit or affect the rulemaking authority otherwise granted to the director by law.