justicedao/ipfs_state_laws huggingface dataset:
863-005-0070 Appeals (1) A subject individual may not appeal a criminal background fitness determination or a decision to close a criminal background fitness determination for reason of incompleteness. (2) If a licensing or registration applicant wishes to, they may complete any additional pre-licensing/registration requirements and submit a completed license/registration application together with the required fees. Upon review of a completed license/registration application, the agency shall issue a “notice of intent to deny” that describes the reason for the denial. The notice shall also include information required by OAR 137-003-0505 that describes the subject individual’s right to request a contested case hearing to appeal the agency’s decision. (3) Contested case hearings on criminal background fitness determinations shall be closed to non-participants. (4) A subject individual may not use the appeals process established by this rule to challenge the accuracy or completeness of information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or any other agency reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation. (5) Any challenge to any information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or any other agency reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation must follow the appeal process prescribed by the reporting agency. (6) If the subject individual successfully challenges the accuracy or completeness of any information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or an agency reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation that the agency relied on to support a decision to deny a criminal background fitness determination, the subject individual may request the agency to conduct a new criminal records check and re-evaluate the original criminal background fitness determination made under OAR 863-005-0020. The subject individual shall submit a new background check application to the agency within 30 days of the date the Oregon Department of State Police, the Federal Bureau of Investigation, or an agency reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation issues a corrected criminal background report. Statutory/Other Authority: ORS 181.534, 696.022 & 696.790 Statutes/Other Implemented: ORS 181.534 History: REA 3-2008, f. 6-12-08, cert. ef. 7-1-08
863-005-0080 Recordkeeping and Confidentiality (1) An authorized designee shall maintain all documents on a criminal background fitness determination or the closing of a criminal background fitness determination due to incompleteness in accordance with applicable archive retention requirements. (2) Records the Agency receives from the Oregon Department of State Police resulting from a criminal records check, including but not limited to Law Enforcement Data System (LEDS) reports and state or federal criminal offender information originating with the Oregon Department of State Police or the Federal Bureau of Investigation, are confidential pursuant to ORS 181A.195. (3) Within the Agency, only an authorized designee shall have access to records the Agency receives from the Oregon Department of State Police resulting from a criminal records check. (4) An authorized designee shall maintain and disclose any records received from the Oregon Department of State Police resulting from a criminal records check in accordance with applicable requirements and restrictions in ORS Chapter 181A and other applicable federal and state laws, rules adopted by the Oregon Department of State Police in OAR chapter 257, division 15, these rules, and any written agreement between the Agency and the Oregon Department of State Police. (5) If a fingerprint-based criminal records check was conducted on a subject individual, the Agency shall permit that subject individual to inspect the state and federal criminal offender information, unless prohibited by state or federal law. (6) If a subject individual with a right to inspect criminal offender information under section (5) of this rule requests, the Agency shall provide the subject individual with a copy of the individual’s own state and federal criminal offender information, unless prohibited by state or federal law. (7) In addition to the records described in section (2) of this rule, the Agency shall treat all records received or created under these rules that concern a subject individual’s criminal history as confidential pursuant to ORS 181A.195. (8) Within the Agency, only an authorized designee shall have access to the records identified under section (7) of this rule. Statutory/Other Authority: ORS 181.534, 696.022, 696.790 & ORS 181A.195 Statutes/Other Implemented: ORS 181.534 History: REA 11-2018, minor correction filed 01/05/2018, effective 01/05/2018 REA 3-2008, f. 6-12-08, cert. ef. 7-1-08
863-005-0090 Fees The agency shall charge a fee for acquiring criminal offender information to make a criminal background fitness determination, including re-evaluations of criminal background determinations made pursuant to OAR 863-005-0070. The fee shall not exceed the fee(s) charged the agency by the Oregon Department of State Police and the Federal Bureau of Investigation. Statutory/Other Authority: ORS 181.534, 696.022 & 696.790 Statutes/Other Implemented: ORS 181.534 History: REA 3-2008, f. 6-12-08, cert. ef. 7-1-08
863-010-0600 Definitions As used in OAR 863-010-0600 to 863-010-0660, unless the context requires otherwise: (1) “Principal” or Principal person” includes owners of real estate marketing organizations having not less than 10% ownership interest in the organization, on-site managers who provide direct supervision of real estate marketing employees in their real estate marketing activity and any telemarketing independent contractor employee. (2) “Telemarketing independent contractor employee” means any person or other legal entity employed by a real estate marketing organization by means of an Independent Contractor’s Agreement or some similar agreement to carry out real estate marketing on behalf of the real estate marketing organization. Any employees of the telemarketing independent contractor employee must be registered with the Real Estate Agency as a real estate marketing employee. Statutory/Other Authority: Section 4(1), Ch. 217, OL 1995 Statutes/Other Implemented: ORS 696.606 History: REA 12-2018, minor correction filed 01/05/2018, effective 01/05/2018 REA 1-1997, f. 4-28-97, cert. ef. 5-5-97 REA 2-1995, f. 11-27-95, cert. ef. 12-3-95 REA 1-1995(Temp), f. & cert. ef. 6-5-95
863-010-0620 Term of License (1) A new real estate marketing organization license shall be for a period of not more than 13 months and a renewal of such license shall be for a period of not more than 12 months from the expiration of the prior license. (2) A real estate marketing organization's license expires on June 30 each year. A licensee may not engage in real estate marketing activity after a license expires. (3) The Agency may renew a real estate marketing organization's license when the Agency has received the following: (a) The renewal fee authorized by OAR 863-010-0640. (b) An online renewal. (4) If the licensee fails to renew a license by the end of the renewal period but wishes to engage in real estate marketing activity, the licensee must submit a new initial license application pursuant to OAR 863-010-0610 and pay all required fees. Statutory/Other Authority: Sec. 4(1), Ch. 217 & OL 1995 Statutes/Other Implemented: ORS 696.606 History: REA 1-2022, amend filed 04/27/2022, effective 05/01/2022 REA 1-1997, f. 4-28-97, cert. ef. 5-5-97 REA 2-1995, f. 11-27-95, cert. ef. 12-3-95 REA 1-1995(Temp), f. & cert. ef. 6-5-95
863-010-0630 Issuance of License (1) Upon receipt of all information required under OAR 863-010-0610 and completion of all processing of the information except for the completion of a criminal history check of the principal persons, a letter of authorization shall be issued to the real estate marketing organization which will allow it to engage in real estate marketing activity pending the completion of the criminal history check. (2) Upon satisfactory completion of the criminal history check on all principal persons of the organization, a real estate marketing organization license will be issued effective as of the date of the letter of authorization. Statutory/Other Authority: Sec. 4(1), Ch. 217 & OL 1995 Statutes/Other Implemented: ORS 696.606 History: REA 2-1995, f. 11-27-95, cert. ef. 12-3-95 REA 1-1995(Temp), f. & cert. ef. 6-5-95
863-010-0640 Fees The following fees shall apply to filings made pursuant to Chapter 217, Oregon Laws 1995: (1) Issuance or renewal of a real estate marketing organization license: $500.00; and (2) Filing of change of information required by OAR 863-010-0610(5): $75.00. Statutory/Other Authority: Sec. 4(1), Ch. 217, OL 1995 Statutes/Other Implemented: ORS 696.606 & Chapter 234, 2017 Laws History: REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 Reverted to REA 1-2005, f. 5-5-05, cert. ef. 5-6-05 Suspended by REA 3-2005(Temp), f. 7-18-05, cert. ef. 7-22-05 thru 12-26-05 REA 2-2005(Temp), f. 6-9-05, cert. ef. 7-1-05 thru 12-26-05 REA 1-2005, f. 5-5-05, cert. ef. 5-6-05 REA 2-1995, f. 11-27-95, cert. ef. 12-3-95 REA 1-1995(Temp), f. & cert. ef. 6-5-95
863-010-0650 Real Estate Marketing Employee Registration (1) Each real estate marketing employee must be hired by, registered under, work under and use his or her legal name in real estate marketing activity for a licensed real estate marketing organization. (2) No person may act as a real estate marketing employee until such time as his or her name has been registered with the Real Estate Commissioner as a real estate marketing employee. There is no fee for such registration other than the initial application fee or change of information fee. It is the obligation of the real estate marketing organization to provide such registration prior to allowing an employee to engage in real estate marketing activity. (3) In accordance with OAR 863-010-0610(5), real estate marketing organizations shall immediately notify the Commissioner upon the termination of any real estate marketing employee. (4) A real estate licensee whose real estate license is on active status may not become a registered real estate marketing employee until such time as the real estate license is placed on inactive status with the Real Estate Agency or otherwise removed from active status. (5) A registered real estate marketing employee is not a real estate licensee and therefore not required to make the disclosures contemplated by ORS 696.800 to 696.855. However, if the services of a real estate marketing organization are retained by a real estate broker or principal real estate broker, then the real estate marketing organization and its employees will be required to make any disclosures required to be made by the employing real estate broker or principal real estate broker. Statutory/Other Authority: Sec. 4(1), Ch. 217, OL 1995 Statutes/Other Implemented: ORS 696.606 History: REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 1-1997, f. 4-28-97, cert. ef. 5-5-97 REA 2-1995, f. 11-27-95, cert. ef. 12-3-95 REA 1-1995(Temp), f. & cert. ef. 6-5-95
863-010-0660 Onsite Inspection of Nonresident Real Estate Marketing Organizations The Real Estate Commissioner may delegate any necessary onsite inspection of nonresident real estate marketing organizations to an agency of the state or foreign country in which the nonresident real estate marketing organization is located and which is found by the Commissioner to be the appropriate local regulatory agency. Statutory/Other Authority: Sec. 4(1), Ch. 217, OL 1995 Statutes/Other Implemented: ORS 696.627 History: REA 14-2018, minor correction filed 01/05/2018, effective 01/05/2018 REA 2-1995, f. 11-27-95, cert. ef. 12-3-95 REA 1-1995(Temp), f. & cert. ef. 6-5-95
863-014-0000 Applicability and Purpose (1) This division sets forth the requirements and process for licensing real estate brokers and principal real estate brokers, as those terms are defined in ORS 696.010. (2) The purpose of this division is to specify the requirements for obtaining the desired real estate license. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.020 & 696.022 History: REA 1-2009, f. 12-15-09, cert. ef. 1-1-10 REA 5-2008, f. 12-15-08, cert. ef. 1-1-09
863-014-0010 License Application Content ( 1 ) Before the Agency will accept any documents or information relating to an applicant’s qualifications, an applicant for a real estate broker license or principal broker license 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 863-014-0003, 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) For a real estate broker license applicant or a principal broker license applicant, who is not an active or inactive Oregon real estate licensee, 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 any real estate license or other occupational or professional license revoked or suspended; or (D) Has ever been fined or reprimanded as such a licensee. (g) Any other information the Commissioner considers necessary to evaluate the applicant's trustworthiness and competency to engage in professional real estate activity 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 ) In addition to the requirements in (2) of this rule, a principal broker license applicant must provide proof that the applicant has three years of active real estate experience. ( 4 ) 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 & Chapter 66, 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 REA 1-2009, f. 12-15-09, cert. ef. 1-1-10 Renumbered from 863-015-0010, 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
863-014-0030 License Issue, Term and Form (1) The Agency will issue a real estate 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: (a) The requirements under OAR 863-014-0035 for real estate broker license applicant; or (b) The requirements under OAR 863-014-0040 for a principal broker license applicant. (2) A licensee may engage in professional real estate activities allowed for that license by ORS Chapter 696 and OAR chapter 863 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; or (c) Real estate property manager; or (d) Timeshare sales agent. (4) The license expiration date is the last day of the 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 starts on the license issue date and ends 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 863-014-0050 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 & 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 7-2011, 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 Renumbered from 863-015-0030, REA 5-2008, f. 12-15-08, cert. ef. 1-1-09 REA 4-2007, f. & cert. ef. 9-26-07 Reverted to REA 1-2005, f. 5-5-05, cert. ef. 5-6-05 REA 2-2007(Temp), f. & cert. ef. 3-21-07 thru 9-16-07 REA 1-2005, f. 5-5-05, cert. ef. 5-6-05 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
863-014-0035 Real Estate Broker Licensing Requirements (1) To be eligible for a real estate broker license, an individual must complete the following steps in the order listed: (a) Submit the required online license application and pay the related fee to the Agency. (b) Successfully complete the required courses of study for a real estate broker license required by OAR 863-022-0010. (c) Ensure that the school providing the required course of study certifies to the examination provider that the applicant completed the course as required by OAR 863-014-0020. (d) Pay the fee to the examination provider and take and pass the real estate broker examination as required by OAR 863-014-0020. (e) Provide fingerprints for a criminal background check and pay the fee to the fingerprint services provider as required by OAR 863-014-0015. ( 2 ) After the applicant meets the requirements under (1) of this rule, the Agency will complete a background check on the applicant, which includes a criminal background check under OAR 863-014-0015. ( 3 ) A real estate broker must be associated with a managing principal broker. Using the online license transfer application available through the Agency’s website, an authorized principal broker must transfer the broker to the registered business name under OAR 863-014-0063. ( 4 ) A currently licensed principal broker who wishes to be licensed as a real estate broker must submit a license application and pay the fee to the Agency required by OAR 863-014-0010. 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 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 REA 1-2010, f. 6-14-10, cert. ef. 7-1-10 Renumbered from 863-015-0035, 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
863-014-0042 Waiver of Experience Requirements (1) If an applicant for a principal real estate broker’s license has met all requirements for such license except for the experience requirement, the applicant may petition the Real Estate Board for a waiver of the three-year experience requirement contained in ORS 696.022, and 863-014-0040. The petition must contain sufficient information to allow the Board to determine whether the applicant qualifies for a waiver as allowed by this rule. (2) The applicant must file a petition to waive the experience requirement on an Agency-approved form with the Agency no later than 21 days before the scheduled Real Estate Board meeting at which the applicant wishes the Board to act. (3) The Board may issue a waiver if the applicant: (a) Has graduated from a four-year college or university with a degree in real estate in a curriculum approved by the Commissioner, and the applicant has held an active license as a real estate broker for a period of at least one year; or (b) Has a two-year community college associate degree in real estate in a curriculum approved by the Commissioner, has held an active license as a real estate broker for a period of at least two years and, if the applicant is applying for a principal real estate broker license, the applicant has completed the course of study for principal real estate brokers as required by OAR 863-014-0040; or (c) Has had real estate-related experience equivalent to at least three years of active experience as a real estate licensee and provides written details about the nature of such experience. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.020 & 696.022 History: REA 15-2018, minor correction filed 01/05/2018, effective 01/05/2018 REA 1-2009, f. 12-15-09, cert. ef. 1-1-10 REA 5-2008, f. 12-15-08, cert. ef. 1-1-09