justicedao/ipfs_state_laws huggingface dataset:
863-022-0005 Definitions (1) “Agency” means the Oregon Real Estate Agency. (2) “Board” means the Oregon Real Estate Board. (3) “Certified 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 under 863-020-0035 and 863-020-0040. The continuing education courses are taught by an instructor. (4) “Clock-hour” is a 60-minute hour, excluding meal or rest breaks. (5) “Commissioner” means the Real Estate Commissioner. (6) “Individual” means a human being, not a legal entity. (7) “In-state community colleges, colleges, and universities” means: (a) Campuses and centers that are part of an accredited public university listed in ORS 352.002; (b) Oregon community colleges established and operated under ORS Chapter 341; and (c) Accredited private and independent institutions of higher education, as that term is defined in ORS 352.720, that are located in Oregon. (8) "Law and Rule Required Course" means that course described in OAR 863-022-0055. (9) “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than a government agency. (10) “Private career schools” means private career schools licensed by the Oregon Department of Education and approved by the Agency to provide the 150-hour real estate license applicant course of study under OAR 863-022-0010, the 60-hour property manager license applicant courses under 863-022-0015, or both. (11) “Principal broker” means “principal real estate broker,” as defined in ORS 696.010. (12) “Property manager” means “licensed real estate property manager,” as defined in ORS 696.010. (13) “Real estate broker” is defined in ORS 696.010. (14) “Real estate licensee” is defined in ORS 696.010. (15) “State and Federal Fair Housing Course” means that course described in OAR 863-022-0057. (16) “Timeshare sales agent” is defined in Chapter 39, (2025 Laws) . Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.174, 696.182, 696.184, Chapter 389, (2025 Laws) & Chapter 39, (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 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
863-022-0010 Course Requirements for Real Estate Broker License Applicants (1) The real estate broker license applicant course of study required by OAR 863-014-0035 must include 150 clock-hours in the seven courses listed in section (2) of this rule. (a) Courses offered by private career schools must be approved by the Agency under OAR 863-022-0030. (b) Courses offered by in-state community colleges, colleges, and universities must be approved by the Agency under OAR 863-022-0035. (c) To be eligible for credit, a course provider must: (A) Present each course for the designated number of clock- hours stated in section (2) of this rule, (B) Include specific course topics required by the Agency as provided in section (3) of this rule, and (C) Give each student a final examination for each course consisting of the number of questions stated in section (2) of this rule. (2) The courses required for real estate broker license applicants are: (a) Real Estate Law: 30 clock-hours and 60 questions on a final examination. (b) Oregon Real Estate Practice: 30 clock-hours and 60 questions on a final examination. (c) Real Estate Finance: 30 clock-hours and 60 questions on a final examination. (d) Contracts: 15 clock-hours and 30 questions on a final examination. (e) Agency Law: 15 clock-hours and 30 questions on a final examination. (f) Property Management: 10 clock-hours and 20 questions on a final examination. (g) Real Estate Brokerage: 20 clock-hours and 40 questions on a final examination. (3) An applicant must complete the required courses through Agency-approved private career schools or in-state community colleges, colleges, or universities, as those terms are defined in OAR 863-022-0005. (4) To receive credit for courses provided by private career schools, license applicants must complete the course of study and receive a passing score of at least 75% on a final examination for each course. (5) To receive credit for courses provided by in-state community colleges, colleges, and universities, license applicants must complete the course of study, including a final examination for each course and achieve a minimum grade of "C" or equivalent. (6) The real estate broker license applicant course of study is not eligible for continuing education credit under OAR 863-020-0010. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.174, 696.182 & 696.184 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 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
863-022-0013 Course Requirements for Timeshare Sales Agent License Applicants (1) The course required by OAR 863-035-0060 for timeshare sales agent license applicants consists of a 14 clock-hour Agency-approved timeshare sales agent course. The timeshare sales agent course covers the specialized area of timeshare sales agents, including Oregon’s legal requirements. (a) A course offered by private career schools must be approved by the Agency under OAR 863-022-0030. (b) A course offered by in-state community colleges, colleges, and universities must be approved by the Agency under OAR 863-022-0035. (2) The 14-hour timeshare sales agent course prepares the applicant for the timeshare sales agent license examination. To be eligible for credit, the 14-hour course must include 14 clock-hours in the following topics: (a) Ethics. (b) Applicable laws and rules relating to timeshares. (c) The principles and practices of selling timeshares. (3) A license applicant must complete the Agency-approved timeshare sales agent course through a private career school, an in-state community college, college, or university as those terms are defined in OAR 863-022-0005, or Agency approved alternative. (4) To receive credit for a course provided by a private career school, an applicant must complete the course and receive a passing score of at least 75% on a final exam. (5) The timeshare sales agent applicant course is eligible for continuing education credit for real estate brokers and principal real estate brokers only under OAR 863-020-0010. Statutory/Other Authority: ORS 696.022 Statutes/Other Implemented: HB 2373, 2025 Regular Session History: REA 5-2025, adopt filed 12/22/2025, effective 01/01/2026
863-022-0015 Course Requirements for Property Manager License Applicants (1) The course required by OAR 863-024-0045 for real estate property manager license applicants consists of a 60 clock-hour Agency-approved real estate property manager course. The property manager course covers the specialized area of the management of rental real estate, including Oregon’s legal requirements. (a) A course offered by private career schools must be approved by the Agency under OAR 863-022-0030. (b) A course offered by in-state community colleges, colleges, and universities must be approved by the Agency under OAR 863-022-0035. (2) The 60-hour property manager course prepares the applicant for the property manager license examination. To be eligible for credit, the 60-hour course must include 60 clock-hours allocated among topics in the number of hours as follows: (a) (12 hours) Oregon real estate license statutes and administrative rules relating to the management of rental real estate, including requirements of licensees, agency law, and affirmative duties of a property manager. (b) (12 hours) Clients' trust accounts and three-way reconciliation of bank statements, ledgers and record of receipts and disbursements for clients' trust accounts, and security deposits accounts. (c) (12 hours) Tenant relations and fair housing laws, including the Oregon Residential Landlord and Tenant Act and the Fair Credit Reporting Act. (d) (7 hours) Contracts and leases. (e) (6 hours) Risk management and maintenance. (f) (6 hours) Economics and accounting. (g) (5 hours) Real property law. (3) A license applicant must complete the Agency-approved property manager course through a private career school or an in-state community college, college, or university, as those terms are defined in OAR 863-022-0005. (4) To receive credit for a course provided by a private career school, an applicant must complete the course and receive a passing score of at least 75% on a final exam. (5) To receive credit for a course provided by a community college, college or university an applicant must complete the course, including a final examination and achieve a minimum grade of "C" or equivalent. (6) The property manager license applicant course is not eligible for continuing education credit under OAR 863-020-0010. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.022 History: REA 20-2018, minor correction filed 01/05/2018, effective 01/05/2018 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 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
863-022-0020 Advanced Practices Course Requirement and Proficiency Assessment for the First Active Renewal of Broker License (1) The course required by OAR 863-020-0010 before the first active renewal of a real estate broker license, or before the first license reactivation following an inactive first renewal, is an Agency-approved broker advanced practices course. (2) In order to renew a license, a real estate broker who completes the course described in section (3) of this rule must also complete the Law and Rule Required Course and the State and Federal Fair Housing course required under OAR 863-020-0010 . (3) An Agency-approved broker advanced practices course must consist of 26 clock-hours covering the following topics, with a minimum of 1 clock-hour for each topic : (a) Business ethics; (b) Review of recent administrative actions issued by the Agency; (c) Property management; (d) Business economics; (e) Advanced agency relationships, including dual representation ; (f) Misrepresentation and negligence ;. (g) Negotiations; (h) Effective communications with clients and other licensees; and (i) Real Estate contracts (4) To receive credit for the broker advanced practices course, a real estate broker must complete the course and receive a passing score of at least 75% on an assessment of license proficiency containing 60 questions . (5) Starting July 1, 2026, the assessment of license proficiency in section (4) must present one or more case studies or hypothetical scenarios involving a real estate transaction. The assessment must require the real estate broker to demonstrate the ability to: (a) Identify and address issues that present risks to the client; (b) Select appropriate contract provisions and terms that reflect the client's objectives; and (c) Identify effective communication protocols with the client and other licensees involved in the transaction. (6) The licensee must obtain a certificate of course completion and maintain it as required by OAR 863-020-0015. (7) The broker advanced practices course , the Law and Rule Required Course , and the State and Federal Fair Housing Course are eligible for continuing education credit under OAR 863-020-0010. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.174, ORS 696.182, ORS 696.184 & 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 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
863-022-0021 Advanced Practices Course Requirement and Proficiency Assessment for the First Active Renewal of Principal Broker License (1) The principal broker advanced practices course required by OAR 863-020-0010 before the first active renewal of a principal broker license, or before the first license reactivation following an inactive first renewal, is an Agency approved principal broker advanced practices course. (2) A principal broker who is required to take the advanced practices course in order to renew a license must also complete the Law and Rule Required Course and the State and Federal Fair Housing course required under OAR 863-020-0010. (3) An Agency-approved principal broker advanced practices course must consist of 26 clock-hours covering the following topics, with a minimum of 1 clock-hour for each topic : (a) Brokerage Practices; (b) Supervision and Managing Real Estate Licensees; (c) Clients’ Trust Accounts; (d) Records and Maintenance; (e) Property Management; (f) Advertising; (g) Affirmative Duties of Agent & Agency Relationships; (h) Professional Real Estate Activity; (4) To receive credit for an advanced practices course, a principal broker must complete the course and receive a passing score of at least 75% on an assessment of license proficiency containing 60 questions. (5) Starting July 1, 2026, the assessment of license proficiency described in Section (4) must present one or more case studies or hypothetical scenarios involving a real estate transaction. The case studies or hypothetical scenarios must include an authorized principal broker as defined in OAR 863-015-0003, one or more brokers under the supervision of that authorized principal broker, examples of harm to a client or consumer of real estate services, and examples of conflict between a buyer and seller or their agents. The assessment must require the real estate principal broker demonstrate the ability to identify: (a) Issues that present harm or risks of harm to the client or consumer; (b) Office policies that could have prevented the harm or mitigated the risk of harm to the clients or consumers; (c) Supervision and training protocols that could have prevented the harm or mitigated the risk of harm to the clients or consumers; (d) Effective communication and conflict resolution strategies; and (e) Conduct that meets or exceeds the standard of care and conduct that falls below the standard of care for real estate licensees in Oregon. (6) The licensee must obtain a certificate of course completion and maintain it as required by OAR 863-020-0015. (7) The principal broker advanced practices course, the Law and Rule Required Course , and the State and Federal Fair Housing Course are eligible for continuing education credit under OAR 863-020-0010. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.174 & 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, adopt filed 10/09/2018, effective 10/31/2018
863-022-0022 Property Manager Advanced Practices Course Requirement for the First Active Renewal of License (1) The property manager advanced practices course required by OAR 863-020-0010 before the first active renewal of a property manager license, or before the first license reactivation following an inactive first renewal, is an Agency-approved property manager advanced practices course. (2) A property manager who is required to take the advanced practices course in order to renew a license must also complete the Law and Rule Required Course and the State and Federal Fair Housing course required under OAR 863-020-0010. (3) An Agency-approved property manager advanced practices course must consist of 26 clock-hours covering the following topics, with a minimum of 1 clock-hour for each topic : (a) Agency law and affirmative duties in ORS 696.890; (b) Property management agreements; (c) Managing the operation of a property management company; (d) Clients' trust accounts and security deposits accounts; (e) Property management accounting; (f) Oregon Residential Landlord and Tenant Act under ORS Chapter 90; (g) Property management records; (h) Real Estate License Law under ORS Chapter 696; (i) Commercial property management; (j) Emergency plans, energy management plans, maintenance and repair. (4) To receive credit for an advanced practices course, a property manager must complete the course and receive a passing score of at least 75% on an assessment of license proficiency containing 60 questions. (5) Starting July 1, 2026, the assessment of license proficiency described in Section (4) must present one or more case studies or hypothetical scenarios involving the management of rental real estate. The assessment must measure the real estate property manager’s ability to: (a ) Identify and apply to the requirements for maintaining client trust accounts; (b) Recognize the accounting distinctions between single and multiple owner accounts; (c) Recognize the accounting distinctions between single and pooled security deposit accounts; (d) Evaluate monthly reconciliations and identify appropriate steps to resolve discrepancies; and (e) Recognize the supervisory responsibilities of a property manager, including when a written delegation of authority is needed and what information is required in a written delegation of authority. (6) The licensee must obtain a certificate of course completion and maintain it as required by OAR 863-020-0015. (7) The property manager advanced practices course, the Law and Rule Required Course , and the State and Federal Fair Housing Course are eligible for continuing education credit under OAR 863-020-0010. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.174 & 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 1-2013, 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
863-022-0025 Education Course Requirements for Principal Broker License Applicants (1) The course required by OAR 863-014-0040 for principal real estate broker license applicants is a 40-hour Agency-approved brokerage administration and sales supervision course. (2) The brokerage administration and sales supervision course covers legal requirements unique to principal brokers and reviews the material introduced in the 150-hour real estate broker applicant course of study described in OAR 863-022-0010. (3) The 40-hour brokerage administration and sales supervision course prepares the applicant for the principal real estate broker license examination. To be eligible for credit, the 40-hour course must include 40 clock-hours allocated among topics in the number of hours as follows: (a) (15 hours) Brokerage business, supervision and legal requirements, which includes: (A) Introduction to real estate brokerage business practices (B) Supervising and managing other real estate licensees, independent contractors and employees (C) Financial records of the brokerage business (D) Clients' trust accounts (E) Required records and maintenance (F) Property management (b) (25 hours) Review of real estate principles and practices (A) Real Estate Law (B) Oregon Real Estate Practice (C) Real Estate Finance (D) Contracts (E) Agency Law (F) Property Management (G) Real Estate Brokerage (4) A license applicant must complete the brokerage administration and sales supervision course and receive a passing score of at least 75% on a final exam. (5) An Agency-approved brokerage administration and sales supervision course is eligible for continuing education credit for licensees renewing under OAR 863-020-0010. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 696.174, 696.182 & 696.184 History: REA 21-2018, minor correction filed 01/05/2018, effective 01/05/2018 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 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
863-022-0045 Agency Approval of Advanced Practices Course (1) A person seeking Agency approval of the 26- hour broker advanced practices course described in OAR 863-022-0020, the 26- hour principal broker advanced practices course described in OAR 863022-0021, or the 26- hour property manager advanced practices course under 863-022-0022 must be a certified continuing education provider. (2) The person must submit an Agency-approved form and the following documents: (a) Sample certificates of course completion. (b) For all providers, except those providers listed in subsection (c), written authorization from the vendor, on an Agency-approved form, to use course materials owned and developed by a third party vendor stating: (A) That the course provider is authorized to use the course materials, and (B) The dates the provider is authorized to use the course. (c) For in-state community colleges, colleges and universities 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 before 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 listing the detailed course topics and indicating 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) Practical skills assessments as outlined in OAR 863-022-0020 through 863-022-0022 . (F) Examination answer keys, as a document that is separate from the examination. (G) For all providers except in - state 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 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 4-2025, amend filed 10/09/2025, effective 01/01/2026 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