justicedao/ipfs_state_laws huggingface dataset:
863-020-0005 Definitions As used in this division, unless the context requires otherwise: (1) “Agency” means the Oregon Real Estate Agency. (2) “Applicant” means either an individual as defined in section (8) of this rule, or a person as defined in section (12) of this rule. (3) “Board” means the Oregon Real Estate Board. (4) “Commissioner” means the Real Estate Commissioner. (5) “Continuing education credit hour” means one hour of instruction provided by a continuing education provider. (6) “Continuing education provider” means a person certified by the Agency under OAR 863-020-0030 to offer real estate continuing education courses that are eligible for credit. The continuing education courses are taught by an instructor. (7) “Course identification number” means a unique four-digit identifying course number assigned by a continuing education provider or as assigned by the Oregon Real Estate Agency. (8) “Individual” means a human being, not a legal entity. (9) “Instructor” means an individual who teaches, for a continuing education provider, a real estate continuing education course that is eligible for credit. An instructor must meet the qualifications in ORS 696.186 and OAR 863-020-0060. The Agency does not certify instructors. (10) "Law and Rule Required Course" is that course described in OAR 863-022-0055. (11) “Licensed real estate property manager” is defined in ORS 696.010. (12) “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than a government agency. (13) “Principal real estate broker” is defined in ORS 696.010. (14) “Provider number” means a unique identifying number assigned by the Agency to a certified continuing education provider under OAR 863-020-0030. (15) “Real estate broker” is defined in ORS 696.010. (16) “Real estate licensee” is defined in ORS 696.010 and includes a real estate broker, principal real estate broker, and a real estate property manager , but does not include timeshare sales agents for the purposes of this division. (17) “State and federal fair housing course” means the course in state and federal housing laws provided in HB 3137 section 9 and described in OAR 863-022-0057. (18) “Broker advanced practices course” means the advanced course in real estate practices provided in ORS 696.174. (19) “Property manager advanced practices course” means the advanced course in property management practices provided in ORS.696.174. (20) “Principal broker advanced practices course” means the advanced course in brokerage practices provided in ORS 696.174. . Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.174, ORS 696.182, ORS 696.186 & Chapter 389, (2025 Laws) History: REA 4-2025, amend filed 10/09/2025, effective 01/01/2026 REA 1-2022, amend filed 04/27/2022, effective 05/01/2022 REA 4-2021, amend filed 11/01/2021, effective 11/01/2021 REA 34-2018, amend filed 10/09/2018, effective 10/31/2018 REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 1-2013, f. 1-14-13, cert. ef. 2-1-13 REA 1-2012(Temp), f. 8-14-12, cert. ef. 8-15-12 thru 2-1-13 REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0007 Length of Continuing Education Courses (1) This rule applies to courses offered by continuing education providers. (2) The minimum length of each continuing education course offered by a continuing education provider is one continuing education credit hour. A provider may offer a course that is longer than one hour in additional half hour increments. (3) Continuing education credit hours issued to a licensee by a continuing education provider must be based on the time it takes the licensee to complete the course. (4) The continuing education provider may allow the licensee a rest break of no more than 10 minutes as part of each continuing education credit hour. (5) All course providers must notify the licensee of the length of time required to complete the course prior to beginning instruction. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.182 History: REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 1-2013, f. 1-14-13, cert. ef. 2-1-13 REA 1-2012(Temp), f. 8-14-12, cert. ef. 8-15-12 thru 2-1-13 REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0010 License Renewal Continuing Education Requirements (1) This rule applies to all real estate licensees except timeshare sales agents . (2) To renew an active license, a real estate licensee must provide course information in an online renewal application which demonstrates that the licensee: (a) Has completed at least 26 hours of real estate continuing education that are eligible for credit under OAR 863-020-0035 and 863-020-0040 during the two years preceding renewal, (b) Has completed the Board-approved Law and Rule Required Course described in OAR 863-022-0055 , and (c) Has completed the Board-approved State and Federal Fair Housing Course described in OAR 863-022-0057. (3) To renew an active license for the first time or before the first license reactivation following an inactive first renewal, a real estate broker, a principal real estate broker, or a licensed real estate property manager must provide course information in the online renewal or reactivation application which demonstrates compliance with the following: (a) A real estate broker must complete : (A) The 26 -hour broker advanced practices course described in OAR 863-022-0020 , (B) A Law and Rule Required Course described in OAR 863-022-0055 , and (b) A State and Federal Fair Housing Course described in OAR 863-022-0057. (c) A principal real estate broker must complete : (A) The 26 -hour principal broker advanced practices course described in OAR 863-022-0021 , (B) A Law and Rule Required Course described in OAR 863-022-0055 , and (C) A State and Federal Fair Housing Course described in OAR 863-022-0057. (d) A licensed real estate property manager must complete : (A) The 26 -hour property manager advanced practices course described in OAR 863-022-0022 . , (B) A Law and Rule Required Course described in OAR 863-022-0055 , and (C) A State and Federal Fair Housing Course described in OAR 863-022-0057. (4) A real estate licensee will not be given credit for repeating a continuing education course with the same content during a two-year renewal period. (5) A licensee who falsely certifies that the licensee has completed the required continuing education violates section s (2) or (3) of this rule and is subject to discipline under ORS 696.301. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.022, ORS 696.174, ORS 696.301 & Chapter 389, (2025 Laws) History: REA 4-2025, amend filed 10/09/2025, effective 01/01/2026 REA 1-2022, amend filed 04/27/2022, effective 05/01/2022 REA 34-2018, amend filed 10/09/2018, effective 10/31/2018 REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 6-2014, f. 4-14-14, cert. ef. 4-28-14 REA 1-2013, f. 1-14-13, cert. ef. 2-1-13 REA 1-2012(Temp), f. 8-14-12, cert. ef. 8-15-12 thru 2-1-13 REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0015 Licensee Records (1) A real estate licensee must maintain the licensee’s certificates of completion the licensee received from continuing education providers for three years after the renewal date for which the continuing education credit applies. (2) A n authorized principal broker is not required to maintain the continuing education records of a real estate broker , principal real estate broker, or property manager under the supervision of the authorized principal broker. (3) Upon request by the Agency, a licensee must produce a copy of the records required under this rule. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.174 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 6-2014, f. 4-14-14, cert. ef. 4-28-14 REA 1-2013, f. 1-14-13, cert. ef. 2-1-13 REA 1-2012(Temp), f. 8-14-12, cert. ef. 8-15-12 thru 2-1-13 REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0020 Continuing Education Provider Qualifications (1) An applicant for certification as a continuing education provider must be one of the following: (a) A main or branch office with a registered business name registered with the Agency under ORS 696.026 and OAR 863-014-0095 or 863-024-0095; (b) A licensed title or escrow company conducting business in this state; (c) A real estate trade association as defined in section (2) of this rule or a trade association in a related field as defined in section (3) of this rule, but not the individual members of those associations; (d) A real estate multiple listing service; (e) An attorney who is an active member of the Oregon State Bar; (f) A law firm, in which at least one of the attorneys associated with the law firm is an active member of the Oregon State Bar; (g) A private career school approved by the Agency to teach continuing education courses as defined in section (4) of this rule; (h) An accredited community college, an accredited public university listed in ORS 352.002, or a private and independent institution of higher education as defined in 352.720 (i) A distance learning provider approved by the Agency as defined in section (5) of this rule; or (j) A person who does not meet the requirements of section (1)(a) through (h) of this rule but whose qualifications have been approved by the Real Estate Board under OAR 863-020-0025. (2) “Real estate trade association,” as used in section (1) of this rule, means a local, state, regional, or national organization with members that include real estate licensees, licensed escrow agents, or licensed title companies. (3) “Trade association in a related field,” as used in section (1) of this rule, means a local, state, regional, or national organization with members that include licensed, certified, or registered: (a) Appraisers, (b) Architects, (c) Attorneys, (d) Contractors, (e) Home inspectors, (f) Mortgage bankers, (g) Mortgage brokers, (h) Professional engineers, (i) Securities broker-dealers or salespersons, (j) Surveyors, or (k) Tax professionals. (4) “Private career school approved by the Agency to teach continuing education courses,” as used in section (1) of this rule, means a private career school licensed by the Department of Education and approved by the Agency to provide the basic real estate broker or property manager educational courses required under ORS 696.022. (5) “Distance learning provider approved by the Agency,” as used in section (1) of this rule, means a person whose course has been certified by the Association of Real Estate License Law Officials. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.182 History: REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 1-2013, f. 1-14-13, cert. ef. 2-1-13 REA 1-2012(Temp), f. 8-14-12, cert. ef. 8-15-12 thru 2-1-13 REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0025 Board Approval of Continuing Education Provider Qualification (1) A person not otherwise qualified under OAR 863-020-0020(1)(a) through (h) seeking the Board’s approval as an applicant for certification must petition the Board under this rule. (2) The person must submit a petition for approval to the Agency on an Agency-approved form at least 21 days before the scheduled Board meeting at which the applicant wishes the Board to act. The petition must include the following: (a) The petitioner’s name, address, and phone number. (b) Sufficient information about the petitioner named in the application to allow the Board to determine whether the petitioner qualifies for certification, including specifics about one or both of the following: (A) Petitioner’s demonstrated expertise and experience in providing educational courses to real estate licensees; (B) Petitioner’s demonstrated experience and expertise in at least two course topics eligible for continuing education credit under OAR 863-020-0035(4)(a)–(gg). (c) Attestation by the petitioner that the petitioner knows and understands: (A) The responsibilities of a continuing education provider under OAR 863-020-0050; (B) The requirements of an instructor under ORS 696.186 and the information required on a continuing education instructor form under OAR 863-020-0060. (3) The Agency will notify the petitioner stating the Board’s determination. If the Board approves the petition, the petitioner may apply for certification as a course provider under OAR 863-020-0030. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.182 History: REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 1-2013, f. 1-14-13, cert. ef. 2-1-13 REA 1-2012(Temp), f. 8-14-12, cert. ef. 8-15-12 thru 2-1-13 REA 9-2011, f. & cert. ef. 11-15-11 REA 5-2011, f. 8-15-11, cert. ef. 9-1-11 REA 2-2011(Temp), f. & cert. ef. 6-22-11 thru 12-1-11 REA 1-2011(Temp), f. 2-3-11, cert. ef. 2-4-11 thru 8-3-11 REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0040 Certain Courses Required for License Renewal that are Also Eligible for Continuing Education Credit (1) In addition to the eligible courses under OAR 863-020-0035 the courses listed in subsection (2) through (4) of this rule are eligible for continuing education credit. (2) An Agency-approved 26- hour broker advanced practices course that meets the requirements of OAR 863-022-0020. (3) An Agency-approved 26- hour principal broker advanced practices course that meets the requirements of OAR 863-022-0021. (4) An Agency-approved 26- hour property manager advanced practices course that meets the requirements of OAR 863-022-0022. (5) An Agency-approved 40-hour brokerage administration and sales supervision course that meets the requirements of OAR 863-022-0015. (6) Certification as a continuing education provider does not authorize the provider to offer the broker advanced practices course, the principal broker advanced practices course, the property manager advanced practices course, or the brokerage administration sales and supervision course. If the provider wishes to offer those courses, the provider may seek separate course approval under OAR chapter 863, division 22. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.022, 696.174 & 696.184 History: REA 4-2025, amend filed 10/09/2025, effective 01/01/2026 REA 34-2018, amend filed 10/09/2018, effective 10/31/2018 REA 6-2014, f. 4-14-14, cert. ef. 4-28-14 REA 1-2013, f. 1-14-13, cert. ef. 2-1-13 REA 1-2012(Temp), f. 8-14-12, cert. ef. 8-15-12 thru 2-1-13 REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0045 Course Learning Objectives (1) The Agency does not review or approve a continuing education provider’s learning objectives. (2) As used in ORS Chapter 696 and this division 20, the term “learning objective” means a statement of a continuing education provider’s goal for what a licensee will know or be able to do when the course is completed. (3) In addition to any other learning objectives a continuing education provider may develop for a course, the provider must ensure that each course within a course topic offered under OAR 863-020-0035(4) and (5) meets at least one of the learning objectives contained in section (5) of this rule. (4) For course learning objectives relating to laws, statutes, and rules, only existing laws, statutes, and rules or those that have been adopted or enacted but are not yet in effect meet the requirements of this rule. Learning objectives related to proposed legislation or proposed regulations do not meet the requirements of this rule. (5) At the end of the course, the licensee will be able to describe and, where appropriate, identify: (a) Provisions in laws, statutes or administrative rules relevant to the course topic; (b) The licensee’s responsibilities under laws, statutes or administrative rules relevant to the course topic; (c) Consumer protections relevant to the course topic; (d) Governmental agencies with primary responsibility for regulating the course topic and the agencies’ role in relation to consumers and licensees; or (e) The principles, practices, or procedures relevant to the course topic and their impact on at least one of the following: (A) Licensees; (B) Consumers; (C) Parties to the real estate transaction or property management agreement; (D) The real estate marketplace; (E) Real estate brokerage or property management practices; (F) The licensees’ real estate business; or (G) A licensee’s professional competence. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.182 History: REA 1-2013, f. 1-14-13, cert. ef. 2-1-13 REA 1-2012(Temp), f. 8-14-12, cert. ef. 8-15-12 thru 2-1-13 REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0055 Continuing Education Provider Record-keeping Requirements (1) A real estate continuing education provider must keep records in paper or electronic form, as directed by the Agency, of each course provided for three years from the date the course was provided. These records must include: (a) The name of the course, (b) The course identification number assigned by the course provider or as assigned by the Oregon Real Estate Agency, (c) Identification of the course eligibility for continuing education credit as one of the following: (A) A continuing education course under OAR 863-020-0035 and which course topic(s) the offered course covers, (B) The course is a Law and Rule Required Course under OAR 862-022-0055, (C) The course is the broker advanced practices course under OAR 863-022-0020, (D) The course is the principal broker advanced practices course under OAR 863-022-0021. (E) The course is the property manager advanced practices course under OAR 863-022-0022, or (F) The course is the brokerage administration and sales supervision course under OAR 863-022-0025; (d) The date and location of the course, (e) The length of time of each course, (f) The name of the instructor who taught the course, (g) The signed form required by OAR 863-020-0060 containing the statement of instructor qualifications, and (h) The licensee’s name and license number for each licensee attending the course on that date. (2) All continuing education providers, whether located within or outside of this state, must keep the required records at the address provided on the application form. (3) A real estate continuing education provider must produce records within 15 business days after the date of a request by the Agency. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.184 History: REA 1-2022, amend filed 04/27/2022, effective 05/01/2022 REA 4-2021, amend filed 11/01/2021, effective 11/01/2021 REA 34-2018, amend filed 10/09/2018, effective 10/31/2018 REA 6-2014, f. 4-14-14, cert. ef. 4-28-14 REA 1-2013, f. 1-14-13, cert. ef. 2-1-13 REA 1-2012(Temp), f. 8-14-12, cert. ef. 8-15-12 thru 2-1-13 REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0060 Continuing Education Instructor Form (1) As provided in OAR 863-020-0050, a continuing education provider must ensure that the instructor who teaches a continuing education course offered for credit meets the requirements contained in ORS 696.186. The Agency does not certify instructors. (2) A continuing education provider must ensure that the instructor completes and signs a form containing the following information: (a) The instructor’s name, address, and phone number; (b) The continuing education provider name and provider number; (c) A description of the instructor’s qualifications in sufficient detail that would enable the reader to know how the instructor has met those qualifications; and (d) An attestation signed and dated by the instructor, identifying the instructor’s qualifications under section (4) of this rule and affirming that the instructor: (A) Has not had a professional or occupational license related to the topic of the course revoked for disciplinary reasons; (B) Has not had a professional or occupational license related to the topic of the course that is currently suspended for disciplinary reasons; and (C) Has not been determined by a state court, an administrative law judge, or a final agency order to have violated any statute, rule, regulation, or order pertaining to real estate activity in this or any other state in the preceding five years. (3) The instructor must indicate on the form which of the following qualifications applies to the instructor: (a) A bachelor’s degree and two years of experience working in a field related to the course topic; (b) Six years of experience working in a field related to the topic of the course; (c) A total of six years of any combination of college-level coursework and experience working in a field related to the topic of the course: (d) A designation by a professional real estate organization, as defined in section (4) of this rule, and two years of college-level coursework; (e) A designation as a Distinguished Real Estate Instructor by the Real Estate Educators’ Association; or (f) Certification or approval in good standing as a real estate instructor for the same or a similar course topic in any other state or jurisdiction. (4) “Professional real estate organization,” as used in section (4) of this rule, means a group of individuals with a formal membership whose membership includes real estate licensees or licensed escrow agents. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.184 & 696.186 History: REA 1-2025, minor correction filed 01/30/2025, effective 01/30/2025 REA 6-2014, f. 4-14-14, cert. ef. 4-28-14 REA 1-2013, f. 1-14-13, cert. ef. 2-1-13 REA 1-2012(Temp), f. 8-14-12, cert. ef. 8-15-12 thru 2-1-13 REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0065 Certification Revocation The Agency may revoke the continuing education provider’s certification if the provider disregards or violates any applicable provision of ORS Chapter 696 or this rule division. Such revocation is an agency order subject to the contested case provisions contained in ORS Chapter 183. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.182 History: REA 1-2013, f. 1-14-13, cert. ef. 2-1-13 REA 1-2012(Temp), f. 8-14-12, cert. ef. 8-15-12 thru 2-1-13 REA 1-2010, f. 6-14-10, cert. ef. 7-1-10