ORS 746.045: Prohibition on rebates; exceptions; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A person may not personally or otherwise offer, promise, allow, give, set off, pay or receive, directly or indirectly, any rebate of or rebate of part of the premium payable on an insurance policy or the insurance producer’s commission on an insurance policy, or earnings, profit, dividends or other benefit founded, arising, accruing or to accrue on or from the policy, or any other valuable consideration or inducement to or for insurance on any domestic risk, which is not specified in the policy. (2) A premium discount or rebate is not prohibited by this section if the discount or rebate is: (a) Offered in connection with a program of health promotion or disease prevention, as described in 42 U.S.C. 300gg-4; (b) Paid for participation in a program to promote healthy behaviors under ORS 743.824; or (c) Offered in connection with a wellness program defined by the Department of Consumer and Business Services by rule. (3) This section does not prohibit giving, as a form of advertising, as a promotional program or as promotional material, a prize, goods, wares, merchandise, articles or property with an aggregate value of not more than $100 in a calendar year to a person other than a person to whom an insurer issues health insurance, as defined in ORS 731.162, or a health benefit plan, as defined in ORS 743B.005. [1967 c.359 §571; 2003 c.364 §135; 2013 c.681 §35a; 2017 c.327 §1]
Administrative rules citing this section
- OAR 836-080-0305: Statutory Authority; Purpose; Applicability — implements
- OAR 836-080-0310: Definitions — implements
- OAR 836-080-0315: Providing Things of Value to Intermediaries Generally Prohibited — implements
- OAR 836-080-0320: Miscellaneous Things of Value — implements
- OAR 836-080-0325: Business Development Activities — implements
- OAR 836-080-0335: Gifts — implements
- OAR 836-080-0337: Real Property Information — implements
- OAR 836-080-0340: Assistance in Qualifying a Subdivision — implements
- OAR 836-080-0345: Automatic Change in Monetary Limits — implements
- OAR 836-080-0355: Title Insurer Responsible for Violations by Agent — implements
- OAR 836-080-0360: Use by Title Company of an Intermediary’s Office — implements
- OAR 836-080-0365: Filing Escrow Rates Required — implements
- OAR 836-080-0370: Instruction of Title Company Employees About Rules Required — implements
- OAR 836-085-0005: Definitions — implements
- OAR 836-085-0011: Hearing on Cancellation — implements
- OAR 836-085-0015: Long-term Cancellation — implements
- OAR 836-085-0025: Renewal with Altered Terms — implements
- OAR 836-085-0035: Cancellation or Nonrenewal Notice — implements
- OAR 836-085-0040: Cancellation for Nonpayment of Premium — implements
- OAR 836-085-0045: Unfair Trade Practices — implements
- OAR 836-085-0050: Proof of Notice — implements
This rule cites
- ORS 743.824 — resolved
- ORS 731.162 — resolved
Cited by
- ORS 735.455: Authority of licensee; rules.
- ORS 744.076: Payment of commission, service fee or brokerage.
- ORS 744.091: Additional conditions under which person licensed as insurer or insurance producer may charge commission or service fee; rules.
- ORS 744.093: Solicitation or sale of insurance policy by retail insurance producer or wholesale insurance producer; rules.
- ORS 750.705: Application of Insurance Code.
- OAR 836-071-1160: Public Adjuster Fees
- OAR 836-080-0305: Statutory Authority; Purpose; Applicability
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors746.html