Oregon Revised Statutes

Or. Rev. Stat. § 731.252 (2026)

Cease and desist orders

✓ current as of May 2026

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731.252 Cease and desist orders. (1) Whenever the Director of the Department of Consumer and Business Services has reason to believe that any person has been engaged or is engaging or is about to engage in any violation of the Insurance Code, the director may issue an order, directed to such person, to discontinue or desist from such violation or threatened violation. The copy of the order forwarded to the person involved shall set forth a statement of the specific charges and the fact that the person may request a hearing within 20 days of the date of mailing. Where a hearing is requested, the director shall set a date for the hearing to be held within 30 days after receipt of the request, and shall give the person involved written notice of the hearing date at least seven days prior thereto. The person requesting the hearing must establish to the satisfaction of the director that such order should not be complied with. The order shall become final 20 days after the date of mailing unless within such 20-day period the person to whom it is directed files with the director a written request for a hearing. To the extent applicable and not inconsistent with the foregoing, the provisions of ORS chapter 183 shall govern the hearing procedure and any judicial review thereof. Where the hearing has been requested, the director’s order shall become final at such time as the right to further hearing or review has expired or been exhausted.

(2) No order of the director under this section or order of a court to enforce the same shall in any way relieve or absolve any person affected by such order from any liability under any other laws of this state.

(3) The powers vested in the director pursuant to this section are supplementary and not in lieu of any other powers to suspend or revoke certificates of authority or licenses or to enforce any penalties, fines or forfeitures, authorized by law with respect to any violation for which an order of discontinuance has been issued. [Formerly 736.835]

Notes of Decisions

Cited in 5 cases, 1977–2013 · leading case: Mountain Fir Lumber Co. v. Emp. Benefits Ins. Co., 667 P.2d 567 (Or. Ct. App. 1983).

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Mountain Fir Lumber Co. v. Emp. Benefits Ins. Co., 667 P.2d 567 (Or. Ct. App. 1983). · cites it 2× “Instead, the legislature has given the Commissioner broad powers of investigation and an array of sanctions, including cease and desist orders (ORS 731.252), suspension of certificates of authority (ORS 731.”

Negrete v. Allianz Life Ins. Co. of North Am., 927 F. Supp. 2d 870 (C.D. Cal. 2013). “§ 417:5-a (providing that the provisions of the act are “in all respects cumulative of and supplemental to the insurance code and all other applicable New Hampshire statutes and common law”); Or.Rev.Stat. § 731.252 (“[n]o order of the Commissioner .”

Laurentian Capital Corp. v. State, 875 P.2d 523 (Or. Ct. App. 1994). · cites it 3× “We first address Laurentian’s argument that DIF failed to set forth a statement of the specific charges against Laurentian, as required by ORS 731.252(1). That statute provides: “Whenever the director has reason to believe that any person has been engaged or is engaging or is…”

Nat'l Bus. Conf. Emp. Benefit Ass'n v. Ins. Div., 570 P.2d 686 (Or. Ct. App. 1977).

Laurentian Capital Corp. v. State, Dep't of Ins. & Fin., 877 P.2d 1212 (Or. Ct. App. 1994). “ORS 731.252(1). Reconsideration allowed; opinion modified and adhered to as modified.”

— Or. Rev. Stat. § 731.252(1) — 3 cases

Laurentian Capital Corp. v. State, 875 P.2d 523 (Or. Ct. App. 1994). “We first address Laurentian’s argument that DIF failed to set forth a statement of the specific charges against Laurentian, as required by ORS 731.252(1). That statute provides: “Whenever the director has reason to believe that any person has been engaged or is engaging or is…”

Nat'l Bus. Conf. Emp. Benefit Ass'n v. Ins. Div., 570 P.2d 686 (Or. Ct. App. 1977).

Laurentian Capital Corp. v. State, Dep't of Ins. & Fin., 877 P.2d 1212 (Or. Ct. App. 1994). “ORS 731.252(1). Reconsideration allowed; opinion modified and adhered to as modified.”

— Or. Rev. Stat. § 731.252(2) — 1 case

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