Oregon Code § 744.064·Enacted ·Last updated March 01, 2026
Statute Text
Persons licensed elsewhere.
(1) Unless denied a license pursuant to ORS 744.074, a person who is currently
licensed as a resident insurance producer in a Canadian province, in Mexico or
in a state that does not grant nonresident insurance producer licenses to
residents of this state on the same basis that this state grants nonresident
insurance producer licenses under ORS 744.063 shall receive a nonresident
insurance producer license if:
(a) The Director
of the Department of Consumer and Business Services determines that the
insurance regulator in the persons place of residence grants nonresident
insurance producer licenses to residents of this state on the same basis that
the director grants nonresident insurance producer licenses to residents of the
other jurisdiction or on the same basis that the insurance regulator grants
insurance producer licenses to residents of the other jurisdiction, or on
another basis that is reasonable and fair to licensees of this state; and
(b) The person
meets all of the following requirements:
(A) The person is
in good standing as a resident insurance producer in the persons place of
residence in Canada, Mexico or the persons state of residence.
(B) The person
has submitted the proper request for a nonresident insurance producer license
and has paid the applicable fees.
(C) The person
has submitted or transmitted to the Director of the Department of Consumer and
Business Services the resident insurance producer license application that the
person submitted to the insurance regulator in the persons place of residence,
or in lieu of that application, a completed Uniform Application.
(D) The person
has taken and passed a written examination specified by the director under this
section with respect to the authority to transact the class or classes of
insurance for which the applicant has applied. The requirement of an
examination does not apply to an applicant that is a business entity.
(E) The person
has satisfied any other qualifications established by the director by rule or
has satisfied qualifications that the director establishes by rule in lieu of
the qualifications established in this subsection.
(2) A person who
is licensed by this state to sell, solicit or negotiate insurance as a
nonresident insurance producer under this section may sell, solicit or
negotiate any policy of insurance upon domestic risks to the same extent and
upon the same terms as provided by the insurance regulator in the persons
place of residence for residents of this state transacting a like business in a
province of Canada, in Mexico or in the persons state of residence.
(3) The
examination requirement under subsection (1) of this section is subject to
waiver if:
(a) The director
determines that a written examination or other comparable requirement
acceptable to the director is required of applicants for a resident insurance
producer license in the other jurisdiction;
(b) The insurance
regulator of the other jurisdiction certifies that the applicant holds a valid
license as a resident insurance producer in the other jurisdiction and either
passed the written examination, was the holder of a resident insurance producer
license prior to the time the written examination was first required or meets
the other comparable requirement acceptable to the director; and
(c) In the other
jurisdiction, a resident of this state is privileged to procure an insurance
producer license upon conditions that the director determines to be reasonable
and fair to licensees of this state.
(4) The director
shall establish the form of the nonresident insurance producer license issued
under this section.
(5) A person
licensed as a surplus lines insurance producer in the persons home state is
eligible for a nonresident surplus lines insurance producer license in the
manner provided for nonresident insurance producer licenses in subsection (1)
of this section. A person to whom a nonresident surplus lines insurance
producer license is issued under this section is subject to ORS 735.400 to
735.495.
(6) The director
is the attorney in fact of a person to whom a license is issued under this
section, and upon whom all legal process in any action or proceeding against
the person may be served. Any legal process against the person that is served
upon the director has the same legal force and validity as if served upon the
person. The authority of the director under this subsection continues as long
as any liability remains outstanding in this state. The director becomes the
attorney in fact of the person on the date that the director issues the
nonresident insurance producer license to the person. This subsection does not
apply to a person to whom a nonresident surplus lines insurance producer
license is issued. [2001 c.191 §9; 2003 c.364 §10]