justicedao/ipfs_state_laws huggingface dataset:
863-014-0054 Authorization for Armed Forces Servicemembers and Their Spouses or Domestic Partners (1) An active-duty member of the United States Armed Forces who is stationed in this state, or the spouse or domestic partner of such servicemember, may obtain an authorization to conduct professional real estate activity as a real estate broker or principal broker upon completion of the requirements in (2) through (5) of this rule. Such authorization is valid until the earliest of the following: (a) Two years from the date of issuance; (b) The date the servicemember's term of active-duty service in this state is complete; or (c) The date the applicant’s license issued by another state expires or is no longer active. (2) Upon submission of the application for authorization, the applicant must hold an active real estate license of the same real estate license category in another U.S. state and such license or certificate must have been active during the two years immediately preceding the move. The applicant must be in good standing in the state or states in which the applicant is currently licensed. (3) To apply for authorization, the applicant must: (a) Complete an application and pay the related fee as provided in OAR 863-014-0010(1). (b) Submit a copy of their or their spouse's or domestic partner's military orders stationing the servicemember in Oregon. (c) Furnish certification of active license history issued by the state or states where licensed as required in (2) of this rule. (4) An applicant seeking authorization to conduct professional real estate activity as a real estate broker must be associated with a managing principal broker as provided in OAR 863-014-0035(3). (5) An applicant seeking authorization to conduct professional real estate activity as a principal real estate broker must either: (a) Register a business name using an online application through the Agency’s website as provided in OAR 863-014-0095; or (b) Have an active principal broker transfer the applicant to an active registered business name under OAR 863-014-0063 using an online application available through the Agency’s website. (6) The authorization to conduct professional real estate activity as a real estate broker or principal broker may not be renewed on expiration. Previous holders of an authorization must reapply and fulfill the requirements of ORS 696.022 and OAR 863-014-0035 or 863-014-0040 in order to conduct professional real estate activity in this state. Statutory/Other Authority: HB 3030, SB 688 (2019 Laws) Statutes/Other Implemented: HB 3030, SB 688 (2019 Laws), 50 U.S.C. Section 4025a; Pub. L. 117-333 & Chapter 389, (2025 Laws) History: REA 4-2025, amend filed 10/09/2025, effective 01/01/2026 REA 1-2024, amend filed 03/30/2024, effective 04/01/2024 REA 4-2023, temporary amend filed 11/01/2023, effective 11/01/2023 through 04/28/2024 REA 2-2023, temporary amend filed 09/06/2023, effective 09/06/2023 through 10/31/2023 REA 1-2023, temporary amend filed 08/28/2023, effective 08/28/2023 through 10/31/2023 REA 1-2020, adopt filed 05/26/2020, effective 06/01/2020 REA 1-2019, temporary adopt filed 12/30/2019, effective 01/01/2020 through 06/28/2020
863-014-0061 Affiliated and Subsidiary Organizations (1) Affiliated organizations are two or more organizations whose controlling ownership interests are owned by the same licensee, licensees, entity, or entities. (2) A subsidiary organization is one in which the majority of the voting stock or controlling ownership interest is owned by another organization. (3) Affiliated or subsidiary business organizations may have the same managing principal broker, provided that the individual registering the business name submits proof satisfactory to the commissioner that the managing principal broker involved actually manages and controls each affiliated and subsidiary organization. (4) As used in this rule, controlling ownership interest(s) means owning 51 percent or more. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.020, 696.022 & Chapter 389, (2025 Laws) History: REA 4-2025, amend filed 10/09/2025, effective 01/01/2026 Renumbered from 863-015-0061, REA 5-2008, f. 12-15-08, cert. ef. 1-1-09 REA 1-2005, f. 5-5-05, cert. ef. 5-6-05
863-014-0062 Mailing Address, Email Address, Address Change, Service of Notice (1) Each active, inactive and expired real estate licensee must maintain on file with the Agency a current mailing address and email address and notify the Agency within 10 calendar days of a change to a mailing or email address. (2) A forwarding address is effective as a "current mailing address" when the Agency receives notice of the forwarding address by the United States Postal Service. (3) Agency notice by mail, whether registered, certified, or regular, to the real estate licensee's current mailing address on file with the Agency constitutes service on the licensee. (4) The Agency is not required by law to send notification or correspondence by regular mail to a licensee or license applicant regarding license or application status. The Agency may send notification or correspondence to a licensee or license applicant to the email address of the licensee or applicant on file with the Agency. Failure by a licensee or applicant to receive notification or correspondence provided via email does not relieve the licensee or applicant of the responsibility to maintain a current license or complete an application process. (5) The Agency’s primary and preferred method of notification and correspondence is to the licensee or license applicant’s email address. (6) For purposes of this rule, “notification or correspondence” in (4) and (5) of this rule means: (a) Notification, correspondence or confirmation to licensees about renewal, change of license status to active or inactive, license transfers, registered business name registration and renewal, branch office registration, license reactivation, license expiration, and name and address changes. (b) Notification, correspondence or confirmation to license applicants about license application status, receipt of documents or information from third parties on license qualifications, and license issuance. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.020, ORS 696.022 & Chapter 234, 2017 Laws History: REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 4-2014, f. 4-14-14, cert. ef. 4-28-14 REA 7-2011, f. & cert. ef. 11-15-11 REA 6-2011, f. 8-15-11, cert. ef. 9-1-11 REA 3-2011(Temp), f. & cert. ef. 6-22-11 thru 12-1-11 Renumbered from 863-015-0062, REA 5-2008, f. 12-15-08, cert. ef. 1-1-09 REA 1-2005, f. 5-5-05, cert. ef. 5-6-05
863-014-0066 Licensee Name Change A licensee may apply for a name change by submitting to the Agency: (1) An online name change application available through the Agency’s website and payment of the fee authorized under ORS 696.270; and (2) Legal proof of the name change, which must be in the form of an official record such as a marriage certificate, divorce certificate, or a court order/decree. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.020 & 696.022 History: REA 4-2014, f. 4-14-14, cert. ef. 4-28-14 REA 7-2011, f. & cert. ef. 11-15-11 REA 6-2011, f. 8-15-11, cert. ef. 9-1-11 REA 3-2011(Temp), f. & cert. ef. 6-22-11 thru 12-1-11
863-014-0067 Alternative Name Registration (1) "Alternative name" means a name a licensee is known by that is not the licensee’s licensed name. (2) A registered alternative name shall contain at a minimum one first name and one last name or surname. (3) A licensee may apply to register an alternative name for the purposes of advertising under OAR 863-015-0125 by submitting to the Agency: (a) An online alternative name registration application available through the Agency’s website; and (b) Documentation showing that the licensee is commonly known by the alternative name. (4) The Agency may refuse to register an alternative name for a licensee if the alternative name: (a) Is misleading or would constitute false advertising; (b) Constitutes an unlawful use of a trade name; or (c) Is deceptively similar to a name under which any other individual is lawfully conducting professional real estate activity. (5) A licensee may only have one active alternative name registered with the Agency at a time. Statutory/Other Authority: ORS 696.385 History: REA 2-2020, adopt filed 11/24/2020, effective 01/01/2021
863-014-0070 License Surrender (1) A real estate licensee may surrender the licensee's license to the commissioner on an Agency-approved form. Upon surrender, the license is terminated, and the licensee’s rights under the surrendered license are terminated. The commissioner retains continuing jurisdiction to investigate the professional real estate activity conducted under the license and to take disciplinary action against the former licensee under ORS Chapter 696 and its implementing rules. (2) A surrendered license may not be renewed. The former licensee must reapply and meet all the licensing qualifications required of new license applicants. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.020 & 696.022 History: Renumbered from 863-015-0070, REA 5-2008, f. 12-15-08, cert. ef. 1-1-09 REA 1-2002, f. 5-31-02, cert. ef. 7-1-02, Renumbered from 863-010-0085 REC 5-1984, f. 6-18-84, ef. 7-1-84 REC 1-1981, f. 10-30-81, ef. 11-1-81 REC 3-1980, f. 10-20-80, ef. 11-1-80 REC 3-1978, f. 6-15-78, ef. 7-1-78 REC 46, f. & ef. 1-22-76 REC 31, f. 8-6-71, ef. 9-9-71 REC 28, f. 11-1-70, ef. 1-1-71 REC 23, f. 7-3-69, ef. 9-1-69 REC 21, f. 7-5-67
863-014-0075 Reissuing Suspended License (1) The Agency may reissue an unexpired real estate license that has been suspended by order of the Commissioner if the licensee makes a written request to the Agency that such license be reissued and pays the required fee within 30 days after the close of the suspension period. (2) If the licensee fails to act within 30 days, the license becomes inactive and may be reactivated only pursuant to OAR 863-014-0065. (3) If the license expires before the request for reissuance, the Agency will renew the license within the 30-day period only pursuant to OAR 863-014-0050. (4) A license reissued under this rule is effective for licensing purposes when the Agency receives all required forms and fees. (5) A suspended license may not be renewed. (6) If the license remains suspended, and is not reissued and renewed under OAR 863-014-0050 within one year of expiration , the license has lapsed. To become licensed again, the former licensee must reapply and meet all of the licensing qualifications required of a new license applicant. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.020 & ORS 696.022 History: REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 Renumbered from 863-015-0075, REA 5-2008, f. 12-15-08, cert. ef. 1-1-09 REA 1-2005, f. 5-5-05, cert. ef. 5-6-05 REA 1-2002, f. 5-31-02, cert. ef. 7-1-02, Renumbered from 863-010-0086 REA 3-1989, f. 12-13-89, cert. ef. 2-1-90 REC 5-1984, f. 6-18-84, ef. 7-1-84 REC 1-1981, f. 10-30-81, ef. 11-1-81
863-014-0076 Signature Requirements (1) Subject to ORS 84.001 to 84.061, the Agency may, but is not required to, accept any electronic or facsimile signature created, generated, sent, communicated, received, or stored regarding licensing documents including, but not limited to, background check applications, examination applications, license applications, license change forms, and license surrender forms. (2) The Agency may require an individual to submit an original or electronic signature on any document or Agency-approved form. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.020 & 696.022 History: REA 7-2011, f. & cert. ef. 11-15-11 REA 6-2011, f. 8-15-11, cert. ef. 9-1-11 REA 3-2011(Temp), f. & cert. ef. 6-22-11 thru 12-1-11 Renumbered from 863-015-0076, REA 5-2008, f. 12-15-08, cert. ef. 1-1-09 REA 1-2005, f. 5-5-05, cert. ef. 5-6-05
863-014-0085 Authorization to Control Managing Principal Broker's Business (1) A managing principal broker may authorize another managing principal broker to control and supervise their professional real estate activity and use their registered business name during their absence only if: (a) The authorizing managing principal broker provides written authorization as required by this rule, and (b) The supervising managing principal broker accepts the supervising responsibility in writing. (2) Both licensees have joint responsibility for all professional real estate activity conducted during the authorizing managing principal broker’s absence. (3) The written authorization required by this rule must contain the following information: (a) The authorizing managing principal broker’s authorization, including the effective date and the termination date of such authorization, which may not exceed 90 days; (b) The supervising managing principal broker’s affirmation accepting the supervisory responsibility; and (c) An affirmation by both managing principal brokers acknowledging that they are jointly responsible for the professional real estate activity during the dates of the authorization. (4) The authorizing managing principal broker may end the authorization before the termination date by filing an amended authorization before the termination date. (5) The written authorization required by this rule must be received by the Agency before the effective date of such authorization on an Agency-approved form. The Commissioner may allow a later filing for good cause shown. (6) The Agency will maintain the written authorization as an Agency record. (7) This rule provides an exception to OAR 863-014-0095(7), which prohibits a managing principal broker from engaging in professional real estate activities under more than one registered business name. That is, a supervising managing principal broker may conduct professional real estate activity under both the authorizing managing principal broker’s registered business name and the supervising managing principal broker’s registered business name if the parties meet the requirements contained in this rule. This exception does not allow a managing principal broker to conduct professional real estate activity under more than these two registered business names Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.026 & Chapter 389, (2025 Laws) History: REA 4-2025, amend filed 10/09/2025, effective 01/01/2026 REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 1-2009, f. 12-15-09, cert. ef. 1-1-10 Renumbered from 863-015-0085, REA 5-2008, f. 12-15-08, cert. ef. 1-1-09 REA 3-2004, f. 4-28-04 cert. ef. 5-3-04 REA 3-2003, f. 7-28-03, cert. ef. 8-1-03 REA 1-2003(Temp), f. 2-27-03, cert. ef. 2-28-03 thru 8-27-03 REA 1-2002, f. 5-31-02, cert. ef. 7-1-02
863-014-0090 Authorization to Temporarily Supervise (1) When a managing principal broker conducts professional real estate activity not in conjunction with other principal real estate brokers, the managing principal broker may authorize a real estate broker associated with the managing principal broker to temporarily supervise the managing principal broker professional real estate activity only if: (a) The authorizing managing principal broker provides written authorization as required by this rule; and (b) The real estate broker accepts the supervisory responsibility in writing. (2) The written authorization must contain the following information: (a) Authorization by the managing principal broker, including the effective date and termination date of such authorization, which may not exceed 90 days; (b) An affirmation by the real estate broker acknowledging that the real estate broker: (A) Has acquired at least three years of active experience as a real estate broker; (B) Accepts the supervisory responsibility; (C) Is bound by and subject to all the statutory and rule requirements of a managing principal broker during the period of authorization. (c) An affirmation by both the managing principal broker and the real estate broker acknowledging that they are jointly responsible for the real estate broker’s supervision of the professional real estate activity during the dates of the authorization. (4) The managing principal broker may end the authorization before the termination date by filing an amended authorization before the termination date. (5) The written authorization required by this rule must be received by the Agency before the effective date of such authorization on an Agency-approved form. The commissioner may allow a later filing for good cause shown. (6) The Agency will maintain the written authorization as an Agency record. Statutory/Other Authority: ORS 696.385 & 183.335 Statutes/Other Implemented: 2009 OL Ch. 324 & Chapter 389, (2025 Laws) History: REA 4-2025, amend filed 10/09/2025, effective 01/01/2026 REA 1-2009, f. 12-15-09, cert. ef. 1-1-10
863-014-0097 Registered Business Name Renewal (1) Only a n authorized principal broker can submit a registered business name renewal application and pay the fee using an online application process, which will be available through the Agency’s website. (2) For purposes of this rule, “received by the Agency” means the date the authorized principal broker completed the online renewal process and paid the fee required under ORS 696.270. (3) A registered business name that is not renewed on or before the registration expiration date will be void. (4) If a registered business name becomes void, all real estate licensees authorized to conduct professional real estate activity under the name will be inactivated and may not engage in any professional real estate activity until transferred under OAR 863-014-0063. (5) A principal broker who wishes to reactivate a voided registered business name must reapply as provided by OAR 863-014-0095 . Upon completion of the new application, the principal broker becomes the managing principal broker . (6) When a new application for a voided registered business name has been processed and activated by the Agency, an authorized managing principal may then authorize other real estate licensees to conduct professional real estate activity under the registered business name by completing the process under OAR 863-014-0063. Effective dates are not retroactive. (7) A registered business name renewed under this rule expires one year from the date of the original expiration date. Statutory/Other Authority: Chapter 234, 2017 Laws & ORS 696.385 Statutes/Other Implemented: Chapter 234, 2017 Laws & Chapter 389, (2025 Laws) History: REA 4-2025, amend filed 10/09/2025, effective 01/01/2026 REA 1-2017, adopt filed 11/17/2017, effective 01/01/2018
863-014-0100 Branch Office Registration (1) Before engaging in professional real estate activity from a branch office, a n authorized managing principal broker must provide to the Commissioner on an online application available through the Agency’s website, the branch office street and mailing addresses and the fee authorized by ORS 696.270. (2) For the purposes of ORS 696.270, a branch office registration does not require renewal. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.026, 696.200 & Chapter 389, (2025 Laws) History: REA 4-2025, amend filed 10/09/2025, effective 01/01/2026 REA 17-2018, minor correction filed 01/05/2018, effective 01/05/2018 REA 4-2014, f. 4-14-14, cert. ef. 4-28-14 REA 1-2009, f. 12-15-09, cert. ef. 1-1-10 Renumbered from 863-015-0100, REA 5-2008, f. 12-15-08, cert. ef. 1-1-09 REA 3-2003, f. 7-28-03, cert. ef. 8-1-03 REA 1-2003(Temp), f. 2-27-03, cert. ef. 2-28-03 thru 8-27-03 REA 1-2002, f. 5-31-02, cert. ef. 7-1-02
863-014-0160 Deceased or Incapacitated Managing Principal Broker (1) If the Commissioner issues a temporary license under ORS 696.205, the licensee's activities may be limited to winding up the affairs of the managing principal broker's transactions that are in various stages of completion or termination at the managing principal broker’s death or incapacity. These activities may include, but are not limited to: (a) Terminating all listings and buyer's service agreements in which there were no outstanding offers or earnest money receipts when the managing principal broker died or became incapacitated; (b) Completing all negotiations between buyers and sellers on open transactions; (c) Depositing and withdrawing monies from the clients' trust account in connection with the completion of all transactions pending when the principal broker died or became incapacitated; (d) Promptly paying all real estate commissions owing after closing all transactions, both to the decedent principal broker's estate and to participating real estate brokers entitled to commissions resulting from the transactions; and (e) Disbursing earnest moneys or other funds according to any outstanding earnest money receipt or other agreement. (2) The holder of a temporary license is subject to ORS Chapter 696 and its implementing rules while engaging in professional real estate activity under the terms of the temporary license. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.205 & Chapter 389, (2025 Laws) History: REA 4-2025, amend filed 10/09/2025, effective 01/01/2026 REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 1-2009, f. 12-15-09, cert. ef. 1-1-10 Renumbered from 863-015-0160, REA 5-2008, f. 12-15-08, cert. ef. 1-1-09 REA 1-2002, f. 5-31-02, cert. ef. 7-1-02, Renumbered from 863-010-0092 REC 5-1984, f. 6-18-84, ef. 7-1-84 REC 1-1981, f. 10-30-81, ef. 11-1-81 REC 3-1978, f. 6-15-78, ef. 7-1-78 REC 46, f. & ef. 1-22-76
863-015-0000 Applicability and Purpose (1) This division applies to real estate brokers and principal real estate brokers, as those terms are defined by ORS 696.010. (2) The purposes of this division are: (a) To specify the regulations for licensees engaged in professional real estate activities, as that term is defined in ORS 696.010; (b) To protect the owners, buyers, and sellers of real estate; and (c) To make the authorized principal broker responsible for establishing a system of recordkeeping that: (A) Provides the Agency with access to the licensees’ records and (B) Complies with the requirements contained in OAR chapter 863 and ORS Chapter 696. (3) The Agency’s goal is to encourage real estate licensees to comply with the applicable statutes and implementing rules through education and, if necessary, through progressive discipline, as provided in OAR chapter 863, division 27. (4) Section (3) of this rule does not limit the Agency’s authority to reprimand, suspend, or revoke a license pursuant to ORS 696.301 or assess civil penalties as authorized by 696.990. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.015 History: REA 4-2025, amend filed 10/09/2025, effective 01/01/2026 REA 1-2009, f. 12-15-09, cert. ef. 1-1-10 REA 6-2008, f. 12-15-08, cert. ef. 1-1-09