Withdrawal of Oregon DFR Bulletins DFR 2020-7, 2020-8, 2020-9, 2020-10, 2020-11, 2020-13, and 2020-14

Oregon Division of Financial Regulation Bulletin No. DFR 2020-7 TO: All Oregon-regulated lenders and loan servicers DATE: March 20, 2020 RE: Providing assistance to borrowers affected by the COVID-19 pandemic Purpose This bulletin encourages all Oregon-regulated lenders and loan servicers to take active measures to help borrowers economically affected by the COVID-19 pandemic. This includes offering loan forbearance plans, fee waivers, and other deferred payment options. Background On March 8, 2020, Gov. Kate Brown declared a state of emergency in Oregon to address the spread of COVID-19. State and federal officials have implemented numerous public health measures to slow the spread of COVID-19 and to protect people who are at highest risk for contracting the disease. This global pandemic and the necessary public health measures that are being taken are creating an economic hardship on people and businesses across Oregon. Many will have difficulty making their scheduled loan payments. Federal financial regulators are working with state agencies that regulate lenders to suggest reasonable and prudent steps to help customers in communities affected by COVID-19. Consistent with these efforts, the Oregon Division of Financial Regulation, on behalf of the Department of Consumer and Business Services, is providing this guidance to our state-regulated lenders and servicers on reasonable measures that may be used in pandemic situations that prevent people from repaying loans. Guidance The division encourages its regulated lenders and financial service providers to take active measures to provide help to people and businesses affected by the pandemic. Accommodations for borrowers should comply with safe and sound banking practices and other applicable state and federal prudential regulations. These steps include:
Mortgages:
 Forbearing mortgage payments for 90 days from their due dates  Offering mortgagors an additional 90-day grace period to complete trial loan modifications, and ensuring late payments during the COVID-19 pandemic do not affect their ability to obtain permanent loan modifications  Postponing foreclosures and evictions for 90 days WITHDRAWN

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Oregon Division of Financial Regulation Bulletin No. DFR 2020-8 TO: All property and casualty automobile insurance companies and other interested parties DATE: April 9, 2020 RE: Guidance regarding personal automobile policies Purpose The purpose of this bulletin is to provide guidance consistent with Gov. Kate Brown’s Executive Order No. 20-07. Authority

• ORS 401.165
• ORS 401.168
• ORS 401.175
• ORS 401.188
• ORS 401.192
• Executive Order No. 20-07
  Background
  On March 8, 2020, Oregon Gov. Kate Brown declared an emergency under ORS 401.165 to address the spread of COVID-19. On March 11, the World Health Organization announced a global pandemic. On March 13, U.S. President Donald Trump declared the outbreak a national emergency. The outbreak is causing major disruption to consumers and businesses, including normal business activities. Traditionally, personal automobile policies do not cover liability and property damage resulting from commercial activities. However, as restaurants and other businesses are forced to obtain income solely from delivery services, there is an urgent need for insured delivery drivers for the duration of this national emergency. Guidance The division is calling on insurers to extend coverage for personal delivery drivers, and to limit the application of commercial delivery exclusions during the COVID-19 outbreak. Insurance carriers are encouraged to file endorsements with the Division of Financial Regulation, to allow for coverage to be broadened for those using personal automobiles to deliver essential goods for a fee. Later, when Gov. Brown formally removes the state of emergency, policyholders must WITHDRAWN

receive a minimum 30 days’ notice of the mid-term reduction in coverage to allow for an orderly wind down of this extension. This guidance is intended to affect drivers who do not have coverage for deliveries through their personal policies. It is not intended to affect drivers working for transportation network companies. This bulletin is retroactive to March 17, 2020, the date Gov. Brown signed Executive Order No. 20-07. April 9, 2020 ________________________________ ________________________ Lou Savage Date Administrator Division of Financial Regulation WITHDRAWN

Oregon Division of Financial Regulation Bulletin No. DFR 2020-9 TO: All Workers’ Compensation Insurers and Employers DATE: April 10, 2020 RE: Rerating businesses that have changed operations in response to the COVID-19 pandemic and suspension of field audits Purpose This bulletin provides guidance to employers and workers compensation insurers regarding changes in operations due to public health measures in response to the COVID-19 pandemic. It addresses when a change in classification code is appropriate for employees reassigned to work from home, when insurers should rerate a business, and the suspension of field audits. Authority

• Executive Order No. 20-03
• ORS 737.320
• ORS 742.003
• OAR 836-043-0101 to 836-043-0170
  Background
  On March 8, 2020, Gov. Kate Brown declared a state of emergency in Oregon to address the spread of COVID-19. State and federal officials have implemented numerous public health measures to slow the spread of COVID-19 and to protect people who are at highest risk for contracting the disease. These measures include the full or partial closure of certain businesses and prohibiting certain types of employees from accessing their place of work. In order to comply with these measures, some employers have directed employees to work from home, in some instances changing their scope of work. Workers’ compensation insurance rates, rating plans, and rating systems are prior approval under ORS 737.320. Workers’ compensation rates are typically based on several factors, such as the employer’s classification, plan payroll, experience rating modification, and an evaluation of the employer’s loss control efforts. OAR 836-043-0101 to 836-043-0170 sets requirements for premium audits and specifies when field audits are required. Guidance Changes in a business’s operations due to state mandated public health measures in response to a pandemic may affect payroll classification for some subject workers. Employers directing employees to work from home may be eligible to assign payroll to a different classification code if their scope of work has changed. Employers must document the time period in which WITHDRAWN

employees are reassigned and the change in scope of work. Insurers may also reduce an employers payroll assignment or bill the employer at reduced rate based on preliminary information. An insurer who makes this type of accommodation on an ad hoc basis should inform employers what information is necessary to verify payroll during a premium audit and develop a plan to help employers comply. At the request of the policyholder, insurers must rerate a business to reflect a change in operation due to the COVID-19 pandemic and related public health measures. The COVID-19 pandemic and related public health measures will likely inhibit insurers’ ability to conduct premium field audits. For the purposes of enforcing premium audit requirements under OAR 836-043-0101 to 836-043-0170, the Division of Financial Regulation (DFR) will deem insurers as having met the field audit requirement if the insurer:

• Had a previously scheduled field audit or a field audit that would have been scheduled
  from the time the state of emergency was declared until 60 days after its expiration or termination;
• Is unable to complete a field audit due to the COVID-19 pandemic and related public
  health measures;
• Provides prior notice to DFR that it plans to waive field audits during the state of
  emergency by emailing david.f.dahl@oregon.gov;
• Completes a desk audit or payroll report review, as defined under OAR 836-043-0105;
  and
• Provides a list of waived field audits performed as either a desk audit or payroll review
  within 120 days of the expiration or termination of the state of emergency. This bulletin is effective upon issuance. April 10, 2020 Lou Savage Date Administrator Division of Financial Regulation WITHDRAWN

Oregon Division of Financial Regulation Bulletin No. DFR 2020-10 TO: All Workers’ Compensation Insurers and Employers DATE: April 10, 2020 RE: Payments to employees of businesses closed due to pandemics to be excluded from workers’ compensation premium basis Purpose This bulletin provides guidance to workers compensation insurers and employers paying employees furloughed due to pandemic-related closures. Authority

• ORS 656.005
• OAR 836-042-0055
  Background
  OAR 836-042-0055 specifies that vacation pay may not be included in payroll reported to insurers for the purposes of calculating the premium basis for workers’ compensation insurance. On March 8, 2020, Gov. Kate Brown declared a state of emergency in Oregon to address the spread of COVID-19. State and federal officials have implemented numerous public health measures to slow the spread of COVID-19 and to protect people who are at highest risk for contracting the disease. These measures include the full or partial closure of certain businesses and prohibiting certain types of employees from accessing their place of work. Some employers have chosen to continue to pay employees furloughed or placed on administrative leave as a result of pandemic-related public health measures. Guidance Payments to employees furloughed or placed on administrative leave as a result of pandemic￾related public health measures shall be classified as vacation time and excluded from payroll reported to workers compensation insurers for the for the purposes of calculating the premium basis. Vacation time is not an appropriate classification for sick leave or for employees teleworking or otherwise incurring risk covered by workers’ compensation insurance. Employers will need to separately track furlough payroll in sufficient detail for insurers to preform premium audits, and insurers are required to inform employers of what information is necessary to perform premium audits and develop a plan to help employers comply. WITHDRAWN

This bulletin is effective upon issuance.
________________________________ ________________________ Lou Savage Date Administrator Division of Financial Regulation WITHDRAWN