1. (1) A person shall not act, hold themselves out as a public adjuster, solicit, or negotiate a contract for public adjusting services in this state unless the person is licensed as a public adjuster in this state.
2. (2) A person licensed as a public adjuster shall not misrepresent to a claimant that they are an adjuster representing an insurer in any capacity, including acting as an employee of the insurer or acting as an independent adjuster unless so appointed by an insurer in writing to act on the insurer’s behalf for that specific claim or purpose. A licensed public adjuster is prohibited from charging that specific claimant a fee when appointed by the insurer and the appointment is accepted by the public adjuster.

3. (3) A business entity acting as a public adjuster is required to obtain a public adjuster license. Application shall be made using the Uniform Business Entity Application. Before approving the application, the director shall find that:

   1. (a) The business entity has paid the fees set forth in OAR 836-009-0007; and
   2. (b) The business entity has designated a natural person who is a licensed public adjuster responsible for the business entity’s compliance with the insurance laws, rules and regulations of this state.

4. (4) Notwithstanding subsections 1 to 3, a license as a public adjuster shall not be required of the following:

   1. (a) An attorney-at-law, that renders services while performing duties as an attorney-at-law;
   2. (b) A person who negotiates or settles claims arising under a life or health insurance policy or an annuity contract;
   3. (c) A person employed only for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a licensed public adjuster, including photographers, estimators, private investigators, engineers and handwriting experts;
   4. (d) A licensed health care provider, or employee of a licensed health care provider, who prepares or files a health claim form on behalf of a patient;
   5. (e) A person who settles subrogation claims between insurers; or
   6. (f) Any person to whom the requirement under ORS 744.505 to obtain a license to engage in business as an adjuster does not apply pursuant to ORS 744.515(2)(a) to (k).

Statutory/Other Authority

ORS 731.244

Statutes/Other Implemented

ORS 744.521

History

ID 5-2025, adopt filed 07/25/2025, effective 08/01/2025