justicedao/ipfs_state_laws huggingface dataset:
863-024-0062 Mailing Address, Email Address, Address Change, Service of Notice (1) Each active, inactive and expired property manager licensee must maintain on file with the Agency a current mailing address and email and notify the Agency within 10 calendar days of a change of 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 license 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 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 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
863-024-0063 Property Manager License Transfers, Principal Brokers’ Responsibilities, Authority to Use Registered Business Name (1) As used in this rule "License transfer application" means an online application that does one of the following: (a) Transfers a property manager license to a receiving property manager in order to become associated with the managing principal broker or licensed property manager, or (b) Authorizes a licensed property manager to use a registered business name to conduct the management of rental real estate. (2) An online license transfer application, available through the Agency’s website, includes: (a) The name and license number of the property manager licensee who is being transferred; (b) The name of the receiving property manager , license number, date, signature, and attestation or the authorized use of the registered business name. (3) A n authorized principal broker or licensed property manager with whom a property manager licensee is associated remains responsible for the associated licensee’s management of rental real estate until the Agency receives one of the following: (a) An online inactivation application available through the Agency’s website; or (b) An online license transfer application and fee. (4) If a n authorized principal broker or licensed property manager with whom a licensed property manager is associated doesn’t complete the online inactivation process, the authorized principal broker or licensed property manager remains responsible for the associated licensee’s subsequent management of rental real estate until the Agency receives one of the following: (a) An online inactivation application available through the Agency’s website; or (b) An online license transfer application and fee; or (c) An online registered business name application and fee initiated by the receiving property manager. (5) The Agency will document the registered business name under which a property manager licensee is authorized to conduct management of rental real estate when the Agency receives an online license transfer application or new registered business name application and the fee authorized by ORS 696.270. 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 5-2014, 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 7-2008, f. 12-15-08, cert. ef. 1-1-09
863-024-0066 Licensee Name Change A licensee may apply for a name change by submitting to the Agency: (1) An online name change application 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 5-2014, 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
863-024-0067 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 863-025-01125 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
863-024-0070 License Surrender (1) A licensed property manager 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 management of rental real estate 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 & ORS 696.022 History: REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 7-2008, f. 12-15-08, cert. ef. 1-1-09
863-024-0075 Reissuing Suspended License (1) The Agency may reissue an unexpired property manager license that has been suspended by order of the Commissioner if the licensee asks that it 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 863-024-0065. (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 863-024-0050. (4) A license reissued under this rule is effective for licensing purposes when the Agency receives all required forms and fees. (5) If the license remains suspended, and is not reissued and renewed under OAR 863-024-0050 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 REA 1-2009, f. 12-15-09, cert. ef. 1-1-10 REA 7-2008, f. 12-15-08, cert. ef. 1-1-09
863-024-0076 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 REA 7-2008, f. 12-15-08, cert. ef. 1-1-09
863-024-0085 Authorization to Control Property Manager’s Business (1) A real estate property manager may authorize another real estate property manager to control and supervise his or her business managing rental real estate during the real estate property manager’s absence for a period not to exceed 90 days. (2) Both licensees have joint responsibility for all management of rental real estate conducted during the authorizing property manager’s absence. (3) The written authorization required by this rule must contain the following information: (a) The authorizing property manager’s authorization, including the effective date and termination date of such authorization, which may not exceed 90 days; (b) An affirmation by the supervising property manager acknowledging that the property manager accepts the supervisory responsibility, and (c) An affirmation by both real estate property managers acknowledging that they are jointly responsible for all management of rental real estate during the dates of the authorization. (4) The authorizing property manager 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) and 863-024-0095, which prohibits a real estate property manager from engaging in the management of rental real estate under more than one registered business name. That is, a supervising real estate property manager may manage rental real estate under both the authorizing property manager’s registered business name and the supervising property manager’s registered business name if the parties meet the requirements contained in this rule. This exception does not allow a real estate property manager to manage rental real estate under more than these two registered business names. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.026 History: REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 1-2009, f. 12-15-09, cert. ef. 1-1-10 REA 7-2008, f. 12-15-08, cert. ef. 1-1-09
863-024-0097 Registered Business Name Renewal (1) Only a n authorized principal broker or licensed property manager 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 an authorized principal broker or licensed property manager 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 manage rental real estate under that name will be inactivated and may not engage in the management of rental real estate until transferred under OAR 863-024-0063. (5) A managing principal broker or licensed property manager that wishes to reactivate a voided registered business name must reapply after a business name expiration as provided by OAR 863-024-0095. (6) When a new application for a voided registered business name has been processed and activated by the Agency, the authorized principal broker or licensed property manager may then authorize other real estate licensees to manage rental real estate under the name by completing the process under OAR 863-024-0063. 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: ORS 696.385 & ORS 696.026 Statutes/Other Implemented: ORS 696.026 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
863-024-0100 Branch Office Registration (1) Before a real estate property manager may engage in the management of rental real estate from a branch office, the real estate property manager must provide to the Commissioner 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 & ORS 696.200 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 1-2009, f. 12-15-09, cert. ef. 1-1-10 REA 7-2008, f. 12-15-08, cert. ef. 1-1-09
863-024-0120 Deceased or Incapacitated Property Manager (1) If the Commissioner issues a temporary license to an unlicensed person under ORS 696.205, the licensee’s activities may be limited to winding up the affairs of the deceased or incapacitated managing principal broker or licensed property manager’s management of rental real estate. This may include, but is not limited to, terminating property management agreements per the terms of OAR 863-025-0070. (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, adopt filed 11/17/2017, effective 01/01/2018
863-025-0005 Application and Purpose (1) OAR 863-025-0010 to 863-025-0080 apply to the activities of a real estate property manager in the management of rental real estate. (2) The purposes of OAR 863-025-0010 to 863-025-0080 are: (a) To specify requirements for the management of rental real estate as defined in ORS 696.010(9); (b) To protect owners and tenants of rental real estate; and (c) To make the real estate property manager responsible for establishing a system of recordkeeping that: (A) Provides the Agency with access to the records of the real estate property manager; and (B) Complies with OAR 863-025-0010 to 863-025-0080 and ORS Chapter 696. (3) The goal of the Agency is to encourage real estate property managers to comply with the applicable statutes and rules through education and, if necessary, through the use of progressive discipline as defined in ORS 696.396. (4) Section (3) of this rule does not limit the Agency's authority to reprimand, suspend or revoke a real estate property manager license under ORS 696.301 or assess civil penalties under ORS 696.990. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.361 History: REA 8-2008, f.12-15-08, cert. ef. 1-1-09 REA 1-2007, f. & cert. ef. 3-12-07 REA 2-2006(Temp), f. 9-11-06, cert. ef. 9-15-06 thru 3-12-07 REA 1-2002, f. 5-31-02, cert. ef. 7-1-02, Renumbered from 863-010-0207 REA 3-1987, f. 12-3-87, ef. 1-1-88
863-025-0015 Written Policies and Delegation of Authority (1) Each property manager must develop, maintain , and follow written policies for persons and activities under this rule. (2) Each policy must state the effective date of the policy. (3) Policies must specify the duties, responsibilities, supervision and authority, including any authority to handle funds in a clients' trust account or security deposits account, for the following persons: (a) A licensed property manager employed by a property manager, including any authority to negotiate tenant rental and lease agreements; (b) An active real estate licensee engaged in the management of rental real estate under the supervision and control of a n authorized principal broker, including any authority to sign property management agreements under OAR 863-025-0020(6) and tenant rental and lease agreements under 863-025-0045(2); and (c) An employee of the property manager, including any authority to: (A) Negotiate tenant rental or lease agreements under OAR 863-025-0045(2); (B) Check applicant or tenant references, including credit references; (C) Physically maintain the real estate of an owner; (D) Conduct tenant relations; (E) Collect rent and other payments; (F) Supervise premise managers; or (G) Discuss financial matters relating to management of the real estate with the owner; and (d) Contractors. (4) Policies must include provisions that specify the production and maintenance of all reports, records and documents required under this division. (5) The following delegations of the property manager's authority must be in writing, dated and signed by the property manager and signed by the individual who is receiving the authority, and kept with written policies: (a) Negotiate and sign property management agreements under OAR 863-025-0020(6); (b) Review and approve reconciliations and receive and disburse funds under OAR 863-025-0028(5); and (c) Review, approve and accept tenant rental and lease agreements under OAR 863-025-0045(2). Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.315 History: REA 4-2025, amend filed 10/09/2025, effective 01/01/2026 REA 2-2025, minor correction filed 01/30/2025, effective 01/30/2025 REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 8-2008, f.12-15-08, cert. ef. 1-1-09 REA 1-2007, f. & cert. ef. 3-12-07 REA 1-2005, f. 5-5-05, cert. ef. 5-6-05 REA 1-2002, f. 5-31-02, cert. ef. 7-1-02
863-025-0030 Tenant Security Deposits (1) Except as provided in section (3) of this rule, all tenants' security deposits received by a property manager must be deposited and maintained in a security deposits account until: (a) The property manager forwards the tenant's security deposit to the owner of the property according to the terms of the tenant's rental or lease agreement and the property management agreement; (b) The property manager disburses the tenant's security deposit for purposes authorized by the tenant's rental or lease agreement and the property management agreement; (c) The property manager refunds a deposit to the tenant according to the terms of the tenant's rental or lease agreement and the property management agreement; or (d) The property management agreement is terminated and the property manager transfers the tenant's security deposit to the owner unless the owner directs the property manager, in writing, to transfer the security deposits and fees to another property manager, escrow agent or person. (2) If a property manager receives a security deposit as part of a larger check containing funds other than security deposits, the property manager may deposit the check into a clients' trust account of the property manager; however, the portion of the funds constituting security deposits must be deposited into the security deposits account within three banking days after deposit of the check into the clients' trust account. (3) When a property manager opens a clients' trust account for a single property and the property management agreement and the corresponding lease or rental agreement provide that the security deposit will be transferred to and held by the owner, the security deposit must be deposited in the clients' trust account and disbursed to the owner in the month in which they are received. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.241 & ORS 696.280 History: REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 8-2008, f.12-15-08, cert. ef. 1-1-09 REA 1-2007, f. & cert. ef. 3-12-07 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
863-025-0045 Tenant Agreements (1) Residential Property. The property manager must file and maintain legible copies of all tenant rental or lease agreements for the time period required under OAR 863-025-0035. Each tenant rental or lease agreement prepared by a property manager for residential real estate must contain, in addition to and not in lieu of any applicable requirements of the Residential Landlord and Tenant Act, the following: (a) The registered business name and business address of the property manager and the name and address of the tenant. If a real estate licensee executes the rental or lease agreement on behalf of the licensee's authorized principal broker, the name of the real estate licensee acting for the authorized principal broker in executing the agreement; (b) The mailing address or unit number of property being rented or leased, the amount and payment conditions of the rental or lease, and the rental or lease term; (c) The amount of and the reason for all funds paid by the tenant to the property manager including, but not limited to, funds for rent, conditionally refundable security deposits including whether held by the property manager or the property owner, and any fees or other charges; (d) Signatures of the property manager, or person authorized under OAR 863-025-0015, and the tenant; and (e) The date of the agreement. (2) The property manager must promptly deliver a legible copy of the fully executed tenant agreement, and any addenda or amendments, to the tenant. (3) Residential and Non-Residential Property. The property manager must file and maintain legible copies of all tenant's rental or lease agreements for the time period required under OAR 863-025-0035. A property manager must review each tenant rental or lease agreement generated by the property manager; however, a property manager may authorize in writing another individual who is licensed to or employed by the property manager to review and approve and accept tenant rental and lease agreements on behalf of the property manager. In case of such authorization, the property manager remains responsible for each tenant rental and lease agreement approved or accepted by such real estate licensee or employee. The property manager must produce the written authorization at the request of the Commissioner or the Commissioner's authorized representative. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.280 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 8-2008, f.12-15-08, cert. ef. 1-1-09 REA 1-2007, f. & cert. ef. 3-12-07 REA 2-2006(Temp), f. 9-11-06, cert. ef. 9-15-06 thru 3-12-07 REA 1-2005, f. 5-5-05, cert. ef. 5-6-05 REA 1-2002, f. 5-31-02, cert. ef. 7-1-02