justicedao/ipfs_state_laws huggingface dataset:
863-022-0050 Agency Approval of Brokerage Administration and Sales Supervision Course and Instructors (1) A person seeking Agency approval of the 40-hour brokerage administration and sales supervision course described in OAR 863-022-0015 must be a certified continuing education provider. (2) The person must submit an Agency-approved form and the following documents: (a) Certificates of course completion. (b) For all providers except instate community colleges, colleges and universities, that are applying for approval to use course materials owned and developed by a third party vendor, written authorization from the vendor, on an Agency-approved form, that the course provider is authorized to use the course materials and the dates the provider is authorized to use the course. (c) For in-state community colleges, colleges and universities, that are applying for approval to use course materials owned and developed by a third party vendor, attestation that the provider must submit all revisions or updates to the Real Estate Agency for approval prior to using such materials (d) Course materials, including: (A) Course curriculum or syllabus for the course of study. (B) Student materials, including all course materials, textbooks and handouts. (C) A completed Agency-approved topic checklist that lists the detailed course topics and indicates the location of the topic in the course materials. This requirement applies to all course materials, including materials developed by the course provider or materials developed by a third-party vendor. (D) Instructor materials, if any. (E) Final examinations. (F) Examination answer keys, as a document that is separate from the examination. (G) For all providers except instate community colleges, colleges and universities, a continuing education instructor form for each instructor who will teach the course. (3) The Agency will approve or deny the completed application and notify the applicant. Upon approval, the Agency will send a letter of approval. If the Agency denies the application, the applicant may seek a contested case hearing pursuant to ORS Chapter 183. (4) All course approvals expire on December 31st of each year. (5) Approved course providers must comply with the provisions of OAR 863-022-0052 for submitting all changes to application information, changes to course materials, and changes to instructors. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.174, ORS 696.182 & ORS 696.184 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
863-022-0052 Changes in Application Information, Instructors, Course Materials and Failure to Comply (1) This rule applies to any course provider whose course was approved under OAR 863-022-0030, 863-022-0035, 863-022-0045, or 863-022-0050. (2) For any change to the information a course provider submitted on an initial course application or on a renewal application, the course provider must submit an application to the Agency for approval of the changes. (3) Within 10 business days of license renewal by the Oregon Department of Education, a private career school must submit documentation to the Agency that the school’s license has been renewed. (4) A course provider may not use materials that have not been approved by the Agency for that course provider. A course provider must submit an application to the Agency for approval of any change in the course materials. This requirement applies to courses developed by the course provider and to courses developed by third party vendors. (5) A course provider must submit an application to the Agency for approval for each new instructor that will teach the course. (6) A course provider must notify the Agency that an approved instructor will no longer teach the course within 10 days of such change. (7) The Real Estate Agency may revoke the approval of a course if: (a) The course provider fails to submit an application for approval of changes in course provider information submitted on an initial application or a renewal application, (b) The course provider fails to submit an application for approval of any change to course materials, or (c) The course provider uses course materials that have not been approved by the Agency. (8) If the Agency revokes a course approval, the Agency will also revoke the course provider’s authority to submit information for student examination eligibility to the examination provider as provided in OAR 863-022-0060. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.174, 686.182, 686.184, 696.022 & 696.020 History: REA 1-2013, f. 1-14-13, cert. ef. 2-1-13
863-022-0055 Board Approval of Law and Rule Required Course (1) The Board will develop the course content required for the course on recent changes in real estate rule and law required by ORS 696.174, and the Agency will make the course content available to the public. (2) The Board will update the course at least biannually. (3) To be eligible for continuing education credit required under OAR 863-020-0010, the Board-approved course must be provided by a certified continuing education provider. (4) This course is referred to in these rules as the "Law and Rule Required Course". Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.174, 696.182 & 696.184 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 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
863-022-0057 Board Approval of State and Federal Fair Housing Course (1) The Board will develop the course content required for the course on state and federal fair housing laws required by ORS 696.174 (HB 3137 section 9a), and the Agency will make the course content available to the public. (2) The Board will update the course at least biannually. (3) To be eligible for continuing education credit required under OAR 863-020-0010, the Board-approved course must be provided by a certified continuing education provider. (4) This course is referred to in these rules as the "State and Federal Fair Housing Course". Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: Chapter 389, (2025 Laws) History: REA 4-2025, adopt filed 10/09/2025, effective 01/01/2026
863-022-0060 Responsibilities of Providers of Real Estate Broker, Principal Broker, Property Manager, and Timeshare Sales Agent License Application Courses (1) For purposes of this rule, a “course provider” is: (a) A private career school, in-state community college, college, or university that provides the 150-hour real estate broker license applicant course of study under OAR 863-022-0010, the 60-hour property manager license applicant course under OAR 863-022-0015; the 40-hour brokerage administration and sales supervision course under OAR 863-022-0025; or the 14-hour timeshare sales agent course required by OAR 863-022-XXXX and (b) A continuing education provider who provides the 40-hour brokerage administration and sales supervision course under OAR 863-022-0025. (2) For purposes of this rule, “examination provider” means the vendor, under a contract with the Agency, which provides licensing examination services and collects the fee for such services directly from a license applicant. (3) A course provider must certify to the examination provider that an applicant for a real estate license has successfully completed the course or courses according to the requirements and instructions of the examination provider. (4) Before certifying that a license applicant completed a course as provided in section (3) of this rule, a course provider must obtain proof from a license applicant that the applicant has submitted a license application to the Agency. (5) A course provider must inform each student taking a course that: (a) The course provider will certify to the examination provider that an applicant for a real estate license has successfully completed the course or courses; and (b) Before a course provider may certify that the applicant completed the course, a student must provide proof to the provider that the student has applied to the Agency for a real estate broker, principal broker , property manager , or timeshare sales agent license. (6) In addition to the requirements under this rule, a course provider must provide a certificate of completion to each student. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.020, 696.022 & Chapter 39, (2025 Laws) History: REA 4-2025, amend filed 10/09/2025, effective 01/01/2026 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 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
863-024-0000 Application and Purpose (1) This division sets forth the requirements and process for licensing real estate property managers, as that term is defined in ORS 696.010. (2) The purpose of this division is to specify the requirements for obtaining a real estate property manager license. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.022 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 7-2008, f. 12-15-08, cert. ef. 1-1-09
863-024-0010 License Application Content (1) Before the Agency will accept any documents or information relating to an applicant’s qualifications, a property manager license applicant must submit an application and pay the fee required under this rule using an online application process that is available through the Agency’s website. (2) The license application includes: (a) The applicant’s legal name as defined in OAR 863-024-0003, mailing address, email address and phone number; (b) The applicant’s date and place of birth; (c) The applicant’s Social Security Number as required by ORS 25.785 and ORS 305.385; (d) Certification by the applicant that the applicant has a high school diploma, or a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test or the international equivalent. (e) Certification by the applicant that the applicant is at least 18 years of age. (f) Whether the applicant: (A) Has ever been convicted of or is under arrest, investigation, or indictment for a felony or misdemeanor; (B) Has ever been refused a real estate license or any other occupational or professional license in any other state or country; (C) Has ever had a real estate or any other occupational or professional license revoked or suspended; or (D) Has ever been fined or reprimanded as such a licensee; and (g) Any other information the Commissioner considers necessary to evaluate the applicant's trustworthiness and competency to engage in the management of rental real estate in a manner that protects the public interest. (h) Certification by the applicant that all information provided by the applicant is true and correct. (3) Every license application must be accompanied by the license fee authorized by ORS 696.270. At all periods of the year, the fee for all licenses issued is as authorized by 696.270. That is, the Agency does not pro-rate license fees. 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 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 REA 7-2008, f. 12-15-08, cert. ef. 1-1-09
863-024-0015 Background Check and Fingerprint Requirements (1) An applicant for a property manager license must submit to a background check, except an applicant who is currently licensed as a real estate broker or principal real estate broker or who is eligible for renewal of such licenses. (2) The background check includes a criminal background check as provided in OAR chapter 863, division 005, which requires the applicant to provide fingerprints. (3) The Agency and a vendor for fingerprinting services (“fingerprint service provider”) have contractually agreed that: (a) The fingerprint service provider will provide fingerprint services to license applicants and submit the fingerprints to the Oregon State Police for Oregon and nationwide criminal history checks. (b) A license applicant may only submit fingerprints required by the Agency through the fingerprint services provider. (c) A license applicant must pay the fee for fingerprinting directly to the fingerprint services provider. (d) A license applicant must provide fingerprints according to the requirements and instructions of the fingerprint services provider. (e) A license applicant must have submitted a license application to the Agency before providing fingerprints. (4) As provided in ORS 181A.225, all fingerprint cards, photographs, records, reports, and criminal offender information obtained or compiled by the Agency are confidential and exempt from public inspection. The Commissioner will keep such information segregated from other information on the applicant or licensee and maintain such information in a secure place. (5) If the Agency determines that additional information is necessary in order to conduct a background check, the Agency may request such information in writing, and the applicant must provide the requested information. If the applicant fails to provide the requested information, the Agency may determine that the license application is incomplete and terminate the application. (6) A license applicant must successfully complete the remaining portions of the licensing process required by 863-024-0045 within the 12 months from the date of the successfully completed background check process and review. If the applicant does not meet all licensing requirement within the 12 months, the background check review is no longer valid and the applicant must submit to another background check, including fingerprints as described in this rule. 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 REA 5-2014, f. 4-14-14, cert. ef. 4-28-14 REA 3-2014, f. 4-14-14, cert. ef. 4-28-14 REA 4-2013(Temp), f.10-31-13, cert. ef. 11-1-13 thru 4-29-14 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 REA 1-2009, f. 12-15-09, cert. ef. 1-1-10 REA 7-2008, f. 12-15-08, cert. ef. 1-1-09
863-024-0020 Examinations (1) For purposes of this rule, “examination provider” means the vendor, under a contract with the Agency, which provides licensing examination services and collects the fee for such services directly from a license applicant. (2) In addition to any other licensing eligibility requirements: (a) A property manager license applicant must pass a property manager license examination. (b) A property manager who has not held an active license for two or more consecutive years must pass a reactivation examination. (3) To be eligible to take an examination: (a) A license applicant must have submitted a license application and fee to the Agency required under OAR 863-024-0010; (b) A license applicant must have successfully completed the required course of study for a property manager license under OAR 863-022-0015 from an approved school; and (c) The school providing the course under (b) of this section must have certified to the examination provider that the applicant completed the course as provided in OAR 863-022-0060; (4) To be admitted to an examination site: (a) A license applicant must be eligible to take an examination under section (3) of this rule; (b) The applicant must register with the examination provider in advance of the examination and comply with the provider’s requirements and instructions; and (c) The examination provider will collect the examination fee under ORS 696.270 directly from the applicant. (5) An applicant must pay a separate examination fee for each examination. (6) If an applicant for a property manager license examination passes the examination but is not issued a license within one year from the date of the examination: (a) The applicant is no longer qualified for the license on the basis of the examination; and (b) The applicant must retake and pass the examination as required by this rule. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.020, ORS 696.022 & ORS 696.425 History: REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 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 REA 7-2008, f. 12-15-08, cert. ef. 1-1-09
863-024-0030 License Issue, Term, Form (1) The Agency will issue a property manager license to an applicant after determining that the applicant meets the license requirements contained in ORS 696.022 and 696.790, has paid all required fees and meets the requirements under OAR 863-024-0045. (2) A licensee may engage in the management of rental real estate from the date the license is issued until the license expires, becomes inactive, or is revoked, surrendered, or suspended. (3) A licensee may hold only one of the following Oregon real estate licenses at any time: (a) Real estate broker, (b) Principal real estate broker, (c) Property manager , or (d) Timeshare sales agent. (4) The license expiration date is the last day of the month of a licensee's birth month. (5) The Agency issues an initial license for a term determined by the licensee’s birth month and license issuance date. The initial license term is at minimum 13 months and at most 24 months and 30 days. (a) If the license is not issued in licensee’s birth month, the initial license term will start on the license issue date and end 12 months after first occurrence of the last day of the licensee's birth month. (b) If the license is issued in the licensee’s birth month, the initial license term start on the license issue date and end 24 months after the first occurrence of the last day of the licensee's birth month. (6) The Agency will renew an active or inactive license for a term of 24 months from the last license expiration date (7) The Agency will renew an expired license under OAR 863-024-0050 for a term that will start on the license renewal date and end 24 months from the last license expiration date. (8) The license will include the following information: (a) The licensee’s legal name, (b) The license number and expiration date, (c) The registered business name under which the licensee conducts professional real estate activity, (d) The licensee's business address, (e) The seal of the Real Estate Agency, and (f) Any other information the Agency deems appropriate Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.020, ORS 696.022, ORS 696.270 & Chapter 39, (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 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 REA 1-2009, f. 12-15-09, cert. ef. 1-1-10 REA 7-2008, f. 12-15-08, cert. ef. 1-1-09
863-024-0054 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 engage in the management of rental real estate as a real estate property manager upon completion of the requirements in (2) through (4) 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 property manager license in another U.S. state and such license 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 863-024-0010(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 engage in the management of rental real estate as a real estate property manager must either: (a) Register a business name using an online application through the Agency’s website as provided In OAR 863-024-0095; or (b) Have an active principal broker or licensed property manager transfer the applicant to an active registered business name under OAR 863-024-0063 using an online application available through the Agency’s website. (5) The authorization to engage in the management of rental real estate as a real estate property manager may not be renewed on expiration. Previous holders of an authorization must reapply and fulfill the requirements of ORS 696.022 and OAR 863-024-0045 in order to engage in the management of rental real estate 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 History: 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
863-024-0061 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 engaging in the management of rental real estate may use the same licensed property manager or managing principal broker, provided that the individual registering the business name submits proof satisfactory to the Commissioner that the licensed property manager or managing principal real estate broker actually manages and controls each affiliated and subsidiary organization. (4) As used in this rule, controlling ownership interest means owning 51 percent or more. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.020, ORS 696.022 & 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 7-2008, f. 12-15-08, cert. ef. 1-1-09