Chapter 364 Oregon Laws 1999

Session Law

AN ACT

SB 281

Relating to access to records of insurer examinations; amending ORS 731.312.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 731.312 is amended to read:

731.312. (1) Not later than the 60th day after completion of an examination, the examiner in charge of the examination shall submit to the Director of the Department of Consumer and Business Services a full and true report of the examination, verified by the oath of the examiner. The report shall comprise only facts appearing upon the books, papers, records, accounts, documents or computer and other recordings of the person, its agents or other persons being examined or facts ascertained from testimony of individuals under oath concerning the affairs of such person, together with such conclusions and recommendations as reasonably may be warranted from such facts.

(2) The director shall make a copy of the report submitted under subsection (1) of this section available to the person who is the subject of the examination and shall give the person an opportunity to review and comment on the report. The director may request additional information or meet with the person for the purpose of resolving questions or obtaining additional information, and may direct the examiner to consider the additional information for inclusion in the report.

(3) Before the director files the examination report as a final examination report or makes the report or any matters relating thereto public, the person being examined shall have an opportunity for a hearing. A copy of the report must be mailed by certified mail to the person being examined. The person may request a hearing not later than the 30th day after the date on which the report was mailed. This subsection does not limit the authority of the director to disclose a preliminary or final examination report as otherwise provided in this section.

(4) The director shall consider comments presented at a hearing requested under subsection (3) of this section and may direct the examiner to consider the comments or direct that the comments be included in documentation relating to the report, although not as part of the report itself. The director may file the report as a final examination report at any time after consideration of the comments or at any time after the period for requesting a hearing has passed if a hearing is not requested.

(5) A report filed as a final examination report is subject to public inspection. The director, after filing any report, if the director considers it for the interest of the public to do so, may publish any report or the result of any examination as contained therein in one or more newspapers of the state without expense to the person examined.

(6) [Prior to the filing of a final examination report,] Except as provided in subsections (7) and (8) of this section, or unless, in the sole discretion of the director, the director determines that disclosure is necessary to protect the public interest, all work papers, recorded information, documents and copies thereof produced by, obtained by or disclosed to the director or any other person in the course of the examination are confidential and are exempt from public inspection. [After a final examination report is released, all such work papers, recorded information, documents and copies thereof are subject to public inspection unless otherwise exempt from disclosure under ORS 192.410 to 192.505.]

(7) In the furtherance of any judicial or administrative action, the director may use and disclose any facts determined and conclusions made pursuant to an examination, including but not limited to disclosure of any final examination report, [or] any preliminary examination report not otherwise disclosed to the public, any work papers, recorded information, documents and copies thereof described in subsection (6) of this section and any other information discovered or developed during the course of the examination.

(8) The director may disclose the content of an examination report that has not yet otherwise been disclosed or may disclose any of the materials described in subsection (6) of this section to any entity described in this subsection if the entity, prior to receiving the report or materials, agrees in writing to hold the report or materials confidential and in a manner consistent with this section. This subsection does not require the director to disclose any information or records revealing the existence or content of any investigation by or activity of a criminal justice agency. The entities to whom a report or other materials may be disclosed are as follows:

(a) The insurance department of any other state or country.

(b) Law enforcement officials of this or any other state or agency of the Federal Government.

Approved by the Governor June 28, 1999

Filed in the office of Secretary of State June 29, 1999

Effective date October 23, 1999

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