The Director of the Department of Consumer and Business Services may authorize a lower score than the Flesch reading ease test score required by ORS 743.106 when, in the director’s sole discretion, the director finds that a lower required score:

1. (1) Will provide a more accurate reflection of the readability of a policy form;
2. (2) Is warranted by the nature of a particular policy form or type or class of policy forms; or
3. (3) Is caused by certain policy language drafted to conform to the requirements of any state law, regulation or agency interpretation.

[Formerly 743.368]