justicedao/ipfs_state_laws huggingface dataset:
161-530-0020 Background Check Authorizations and Fingerprint Card (1) The background check includes a criminal background check and a criminal records request as provided in OAR Chapter 161, Division 520. The subject individual must apply for the background check in writing on a form approved by the Board with all information provided and certified by the subject individual. (2) The Board and a vendor for fingerprinting services (“fingerprint service provider”) have contractually agreed that: (a) The fingerprint service provider will provide electronic fingerprinting services to Oregon subject individuals and submit the fingerprints electronically to the Oregon Department of State Police to conduct statewide and nationwide criminal records checks though the Federal Bureau of Investigation. (b) All Oregon subject individuals may only submit fingerprints required by the Board through the fingerprint service provider. All other out of state subject individuals must submit one completed fingerprint card, prescribed by the Federal Bureau of Investigation and completed by a law enforcement agency or a commercial fingerprinting entity. (3) The background check shall include, but is not limited to, the following: (a) Legal name, residence physical and mailing address, telephone numbers and email address; (b) Place and date of birth; (c) Social security number; (d) Driver’s license or identification card number and state of issue; (e) Whether the subject individual has: (A) EVER entered a plea of nolo contendere, plead or been found guilty of or convicted of a felony; (B) In the past ten years entered a plea of nolo contendere, plead or been found guilty of, or convicted of, a misdemeanor; (C) EVER been reprimanded or fined or had a license, certificate or registration suspended, revoked, restricted, denied or surrendered in this or any other state by any agency that has granted a license, certificate or registration to engage in a regulated occupation, trade or profession; (D) An entry of any money judgments that have not been paid in full; (E) Filed for voluntary or involuntary bankruptcy protection during the past ten years; and (F) Any other information the Board considers necessary to evaluate the moral character of the subject individual. Statutory/Other Authority: ORS 183.355, 674.305(7), 674.310 & 2011 OL Ch. 447 Statutes/Other Implemented: ORS 674.310 & 2011 OL Ch. 447 History: ACLB 5-2014, f. 12-19-14, cert. ef. 1-1-15 ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12 ACLB 5-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-27-12
161-530-0030 Potentially Disqualifying Crimes; Process (1) A “potentially disqualifying crime” means a crime that: (a) Reflects moral turpitude, or an act or conduct which would cause a reasonable person to have substantial doubts about the individual’s honesty, fairness and respect for the rights of others and for the laws of the state and the nation; and (b) Is rationally connected to the business entity’s fitness to act as a controlling person or own 10 percent or more of an appraisal management company. (2) The Board shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates a subject individual may have committed a crime, as those laws are in effect at the time of the fitness determination. (3) A subject individual shall not be denied under these rules on the basis of the existence or contents of a juvenile record that has been expunged under ORS 419A.260 and 419A.262. (4) If a subject individual is denied as not fit, the appraisal management company may not obtain an Oregon registration unless the subject individual divests all or part of the individual’s ownership interest in the appraisal management company or the appraisal management company designates another controlling person, whichever is applicable. (5) The Board shall inform the subject individual who has been determined not to be fit on the basis of a criminal records check, via courier, or registered or certified mail to the most current address provided by the subject individual of the disqualification. Responsibility for furnishing the most current address remains with the subject individual. (6) A final fitness determination is a final order of the Board unless the affected subject individual requests a contested case hearing under ORS Chapter 183. A subject individual may contest a fitness determination made under these rules that she or he is fit or not fit to act as a controlling person or own 10 percent or more of an appraisal management company under ORS Chapter 183. Statutory/Other Authority: ORS 183.355, ORS 674.305(7), ORS 674.310 & 2011 OL Ch. 447 Statutes/Other Implemented: ORS 674.310 & 2011 OL Ch. 447 History: ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12 ACLB 5-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-27-12
161-530-0040 Reporting Litigation Involving Subject Individuals (1) A subject individual is required to notify the Board of any of the following: (a) Any felony or misdemeanor conviction, including a no contest plea or bail forfeiture; (b) Any adverse decision or judgment resulting from any civil or criminal suit or action or arbitration proceeding, or any administrative, state or federal proceeding in which the appraisal management company, or any subject individual thereof, was named as a party and against whom allegations concerning any business conduct or professional real estate appraisal activity is asserted; and (c) Any adverse decision or judgment resulting from any other criminal or civil proceedings that reflects adversely on the “good moral character” requirement contained in ORS 674.205(3) and OAR 161-530-0030(1). (2) Notification must be in writing and shall include a brief description of the circumstances involved, the names of the parties, and a copy of the adverse decision, judgment, or award and, in the case of a criminal conviction, a copy of the sentencing order. If any judgment, award, or decision is appealed, each subsequent appellate court decision is subject to this notification requirement. (3) Notification must be made within thirty (30) calendar days after receipt of any written notification of an adverse judgment, award, or decision described in this rule, whether or not an appeal is filed. Statutory/Other Authority: ORS 183.355, ORS 674.305(7), ORS 674.310 & 2011 OL Ch. 447 Statutes/Other Implemented: ORS 674.310 & 2011 OL Ch. 447 History: ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12 ACLB 5-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-27-12
161-540-0010 Training (1) Appraisal management companies must provide specified training to employees who: (a) Select appraisers for an appraiser panel; (b) Select appraisers to perform real estate appraisal activity; or (c) Perform quality control examinations. (2) The specified training must include, but is not limited to the following topics: (a) ORS 674.220, 674.225, 674.230, and 674.240; and (b) The Uniform Standards of Professional Appraisal Practice (USPAP). This topic may be broad in scope, but must at a minimum include the following elements: (A) Preamble; (B) Definitions; (C) Ethics Rule; (D) Record Keeping Rule; (E) Competency Rule; (F) Scope of Work Rule; (G) Standard 1; (H) Standard 2; (I) Standard 3; (J) Standard 4; (K) Advisory Opinion 3, Update of a Prior Appraisal; (L) Advisory Opinion 21, USPAP Compliance; (M) Advisory Opinion 26, Readdressing (Transferring) a Report to Another Party; and (N) Advisory Opinion 27, Appraising the Same Property for a New Client. (3) Appraisal management companies shall provide the specified training to all employees specified in paragraph (1) above: (a) By December 31, 2012 for all appraisal management companies registered with the State of Oregon prior to July 1, 2012; (b) Within six months for all appraisal management companies registering with the State of Oregon after July 1, 2012; (c) For any new employees within six months from the hire date with the appraisal management company. (4) Appraisal management companies must maintain the training records for each employee and training material, as specified in paragraphs (1) and (2) above, not less than five years after the date of completion of the training. Employee training records must include: (a) The name of the employee; (b) Topics covered; (c) Date of completion; and (d) Method of delivery of training. Statutory/Other Authority: ORS 183.355, ORS 674.305(7), ORS 674.310 & 2011 OL Ch. 447 Statutes/Other Implemented: ORS 674.310 & 2011 OL Ch. 447 History: ACLB 5-2021, amend filed 12/28/2021, effective 01/01/2022 ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12 ACLB 5-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-27-12
161-550-0010 Annual Reports (1) An appraisal management company shall annually submit to the Board on March 31 a report disclosing the following information on a form prescribed by the Board; (a) The number of independent contractor appraisals in the preceding year for which the appraisal management company performed appraisal management services in Oregon; (b) For subject individuals, any action taken by a state to refuse to issue, deny, cancel or revoke a license, certificate or registration to act as an appraiser; (c) For appraisal management companies, any action taken by a state to refuse to issue, deny, cancel or revoke a license, certificate or registration to act as an appraisal management company. (2) A late fee, as established in OAR 161-510-0010, will be charged for any annual report received by the Board after March 31. Statutory/Other Authority: ORS 183.355, ORS 674.305(7), ORS 674.310 & 2011 OL Ch. 447 Statutes/Other Implemented: ORS 674.310 & 2011 OL Ch. 447 History: ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12 ACLB 5-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-27-12
161-550-0020 Records and Real Estate Appraisal Activity Report Retention Requirements (1) An appraisal management company shall maintain a detailed record of each service request that it receives, the appraiser that perform the real estate appraisal activity and a complete copy of all completed reports for each assignment. Records shall be maintained by the appraisal management company for: (a) Not less than five years after the date of completion of the report to which the record pertains; or (b) For a period of not less than two years after final disposition of a judicial proceeding in which testimony relating to the records are given, whichever period is longer. (2) An appraisal management company shall maintain the following for a period of not less than five years: (a) Documentation of each written complaint received by the appraisal management company, along with the name of the client that requested the appraisal, and the date the complaint was forwarded to the client. (b) A copy of the written notification to the person who submitted the complaint that the complaint was forwarded to the client. (c) Training materials and training records for each employee specified in OAR 161-540-0010 and ORS 674.245. Statutory/Other Authority: ORS 183.355, 674.305 & 674.310 Statutes/Other Implemented: ORS 674.305(7), 674.310(2), 674.205, 674.215, 674.230, 674.245 & 674.250 History: ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12
161-560-0010 Audits Required (1) An audit of an appraisal management company registered to provide appraisal management services in Oregon may be conducted by the Board. (2) In the case of a subsidiary or affiliate of a financial institution engaging in business as an appraisal management company without obtaining a registration to provide appraisal management services in Oregon, the Board may conduct an audit of the appraisal management company in a joint or alternating manner with the appropriate federal banking agency or the Bureau of Consumer Financial Protection as permitted or required by applicable law. (3) The Board may audit an appraisal management company at any time or times and may require the production of such records at the office of the Board as often as is necessary. (4) An appraisal management company that refuses to submit to an audit shall be considered to have failed the audit. Statutory/Other Authority: ORS 183.355, ORS 674.305(7), ORS 674.310 & 2011 OL Ch. 447 Statutes/Other Implemented: ORS 674.310 & 2011 OL Ch. 447 History: ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12 ACLB 5-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-27-12
161-560-0020 Audit Standards An audit under OAR 161-560-0010 will examine the appraisal management company’s compliance with ORS 674.200 to 674.250, including, but not limited to, examination of the following: (1) The appraisal management company’s compliance with the minimum requirements in OAR 161-520-0020 regarding appraiser competency. (2) The names, license or certification numbers, and competency information required by OAR 161-520-0020 of the Oregon licensed or certified appraisers on the appraisal management company’s appraiser panel. (3) Training materials used by the appraisal management company to satisfy OAR 161-540-0010. (4) Records of employees who received training as required by OAR 161-540-0010. (5) The appraisal management company’s record retention schedule, consistent with ORS 674.150 and OAR 161-550-0020. (6) The appraisal management company’s business practices and transactions that may indicate: (a) The appraisal management company attempted to influence the development, reporting or review of an appraisal or appraisal review assignment, consistent with the prohibitions established in ORS 674.220. (b) The appraisal management company substantively altered in any way a completed appraisal report submitted by an appraiser, consistent with the prohibition established in ORS 674.220. (c) The appraisal management company failed to make payments to an independent contractor appraiser for the completion of an appraisal or appraisal review, excluding claims for breach of contract or substandard performance, as established in ORS 674.225. (d) The appraisal management company violated any other provision established in ORS 674.200 to 674.250 or OAR chapter 161. Statutory/Other Authority: ORS 183.355, ORS 674.305(7), ORS 674.310 & 2011 OL Ch. 447 Statutes/Other Implemented: ORS 674.310 & 2011 OL Ch. 447 History: ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12 ACLB 5-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-27-12
161-570-0010 Duty to Cooperate Every subject individual and employee of an appraisal management company must cooperate with the Board and must respond fully and truthfully to Board inquiries and comply with any requests from the Board, subject only to the exercise of any applicable right or privilege. Failure to cooperate with the Board is unethical and is grounds for discipline including revocation or suspension of a registration, imposition of a civil penalty, or denial of a registration, or any combination thereof. Statutory/Other Authority: ORS 183.355, ORS 674.305(7), ORS 674.310 & 2011 OL Ch. 447 Statutes/Other Implemented: ORS 674.310 & 2011 OL Ch. 447 History: ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12 ACLB 5-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-27-12
161-570-0015 Appraisal Review Any employee or independent contractor appraiser of an appraisal management company that performs the act or process of developing and communicating a reviewer’s own opinion of value as part of an appraisal review for a property located in this state: (1) Must be licensed or certified in this state pursuant to ORS 674.100; and (2) Must comply with the appraisal review provisions of the Uniform Standards of Professional Appraisal Practice. Statutory/Other Authority: ORS 183.355, 674.305 & 674.310 Statutes/Other Implemented: ORS 674.305(7), 674.310(2), 674.205, 674.215, 674.230, 674.245 & 674.250 History: ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12
161-570-0020 Forwarding Complaints An appraisal management company that receives a written complaint from a person with an interest in a real estate transaction shall: (1) Forward the complaint to the client; and (2) Give written notification to the person who submitted the complaint that the complaint was forwarded to the client. Statutory/Other Authority: ORS 183.355, 674.305 & 674.310 Statutes/Other Implemented: ORS 674.305(7), 674.310(2), 674.205, 674.215, 674.230, 674.245 & 674.250 History: ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12
161-570-0025 Allegation Reports An allegation report may be filed against an appraisal management company and submitted to the Board’s office. (1) All allegation reports must be in writing. (2) Any person may file an allegation report. (3) A member of the Board or the Administrator may initiate an allegation report. (4) The Board will accept anonymous allegation reports. (5) The allegation report will be reviewed by the Administrator or the Administrator’s designee to determine whether, there may be an objective basis to believe that an alleged violation has occurred, or whether the matter may be dismissed as either frivolous or not within the Board’s jurisdiction. (6) If the Administrator or the Administrator’s designee determines that there is an objective basis to believe that an alleged violation has occurred, the Enforcement Oversight Committee must review the report and the Board may initiate the investigation process. Statutory/Other Authority: ORS 183.355, 674.305 & 674.310 Statutes/Other Implemented: ORS 674 History: ACLB 2-2014, f. & cert. ef. 5-20-14 ACLB 1-2014, f. & cert. ef. 4-22-14 ACLB 6-2013(Temp), f. 12-19-13, cert. ef. 1-1-14 thru 6-2-14 ACLB 1-2013, f. 1-30-13, cert. ef. 1-31-13
161-570-0030 Complaints, Investigations and Audits (1) A notice of investigation, together with a true copy of the allegation report as submitted to the Board’s office, including all supporting documentation, shall be promptly sent by certified mail, return receipt requested, to the last known address of each controlling person of the appraisal management company. Unless otherwise specified in the notice of investigation, a controlling person must produce: (a) True copies of records within 30 days. No extension will be granted; and (b) Within 30 days, a written response to the allegations set forth in the allegation report. (A) A controlling person may request an extension to file a response to a notice of investigation. An extension of up to 30 days will be approved provided the extension request is submitted in writing to the Administrator within the 30 day time period. Good cause must exist that shows circumstances beyond the reasonable control of a controlling person preventing a response within 30 days. (B) The Administrator may grant one additional extension of no more than 30 days only upon showing of good cause. (2) The investigation may include all inquiries deemed appropriate to ensure that each case is processed in accordance with ORS Chapter 183. (3) The Board may initiate an audit or other type of inquiry or investigation to verify an appraisal management company’s compliance with ORS 674 and OAR 161. (4) Every controlling person or subject individual of an appraisal management company must cooperate with the Board and must respond fully and truthfully to Board inquiries and comply with any requests from the Board, subject only to the exercise of any applicable right or privilege. Failure to cooperate with the Board is unethical and is grounds for discipline including revocation or suspension of the appraisal management company’s registration, imposition of a civil penalty, or denial of a registration, or any combination thereof. (5) At the completion of the investigation process, the Enforcement Oversight Committee shall review the allegation report and documents related to the investigation. If the Enforcement Oversight Committee determines that an objective basis exists to believe that violations of ORS Chapter 674 and/or OAR chapter 161 occurred, the Enforcement Oversight Committee may authorize the Administrator to proceed with disciplinary actions. (6) Shall submit a report to the Board setting forth specific violations along with the facts supporting the Committee’s recommendation. Statutory/Other Authority: ORS 183.355, 674.305 & 674.310 Statutes/Other Implemented: ORS 674.305(7), 674.310(2), 674.205, 674.215, 674.230 & 674.245 History: ACLB 5-2014, f. 12-19-14, cert. ef. 1-1-15 ACLB 2-2014, f. & cert. ef. 5-20-14 ACLB 1-2014, f. & cert. ef. 4-22-14 ACLB 6-2013(Temp), f. 12-19-13, cert. ef. 1-1-14 thru 6-2-14 ACLB 1-2013, f. 1-30-13, cert. ef. 1-31-13 ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12
161-570-0050 Separate Offense and Violation (1) Each act of appraisal management services by an appraisal management company not registered by the State is a separate violation of ORS 674.205. (2) Any and each violation of ORS 674.200 to 674.250, or any rule or final order of the Board, or any final judgment or decree made by any court upon application of the Board, may be deemed a separate offense for which a separate penalty may be imposed. Statutory/Other Authority: ORS 183.355, 674.305 & 674.310 Statutes/Other Implemented: ORS 674.305(7), 674.310(2), 674.205, 674.215, 674.230, 674.245 & 674.250 History: ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12
161-570-0055 Enforcement (1) The Board may issue a notice of proposed disciplinary action for violation(s) of ORS 674.200 to 674.250, or of rules adopted by the Board. (2) The Administrator or the Administrator’s designee shall have the authority to negotiate and approve a stipulated settlement at any time prior to issuance of a Final Order by the Board. (3) In the event of second or subsequent violations of ORS 674.200 to 674.250, or of rules adopted by the Board, the Administrator shall not consider a prior Final Order that was issued more than five (5) years preceding the date of the second or subsequent notice of proposed sanctions. Statutory/Other Authority: ORS 183.355, 674.305 & 674.310 Statutes/Other Implemented: ORS 674 History: ACLB 1-2013, f. 1-30-13, cert. ef. 1-31-13
161-570-0060 Rules of Procedure in Contested Cases (1) In addition to the requirements of the Attorney General's Model Rules of Procedure adopted by the Board, a party in a contested case must submit a written answer to the assertions or charges in the notice, to the Administrator, within thirty (30) days of the date of mailing of the Notice of Proposed Action or within sixty (60) days of the date of mailing of a Notice of Proposed Action for a denied application for registration. (a) A hearing request and answer shall be made in writing to the Administrator, by the party or the party's representative. (b) An answer shall include the following: (A) An admission or denial of each factual matter in the notice; (B) A short and plain statement of each relevant affirmative defense the party may have. (c) Except for good cause: (A) Matters alleged in the notice and not denied in the answer shall be presumed admitted; (B) Failure to raise a particular defense in the answer will be considered a waiver of such defense; (C) New matter alleged in the answer (affirmative defenses) shall be presumed to be denied; and (D) Evidence shall not be taken on any issue not raised in the Notice and answer. (2) If a request for a hearing is not made within the thirty (30) day or sixty (60) day period specified in subsection (1) of this rule, the party's right to a hearing is waived, and a default order will be issued against the party. A default order will also be entered if the party withdraws a hearing request or fails to appear at a scheduled hearing. (3) Answers: (a) Requests for an extension in which to file an answer to the notice shall be made in writing and directed to the Administrator within thirty (30) days of the date of service of a notice of proposed action or within sixty (60) days of the date of service of a proposed notice of denied application for registration. Extensions for requesting a hearing are not allowed. (b) Amendments to answers must be submitted in writing and filed with the Administrator no less than twenty-one (21) days prior to the contested case hearing. Statutory/Other Authority: ORS 183.355, 674.305 & 674.310 Statutes/Other Implemented: ORS 674 History: ACLB 1-2013, f. 1-30-13, cert. ef. 1-31-13