justicedao/ipfs_state_laws huggingface dataset:
863-035-0020 License Application Content (1) Before the Agency will accept any documents or information relating to an applicant’s qualifications, an applicant for a timeshare sales 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 863-035-0010, mailing address, email address and phone number. (b) The applicant’s birth date. (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 timeshare sales agent 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) 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 & ORS 696.022 Statutes/Other Implemented: HB 2373, 2025 Regular Session History: REA 5-2025, adopt filed 12/22/2025, effective 01/01/2026
863-035-0030 Background Check Application and Fingerprint (1) An applicant for a timeshare sales agent license must submit to a background check, except an applicant who is currently licensed as a real estate broker, principal real estate broker, or real estate property manager or who is eligible for renewal of such licenses. (2) The background check includes a criminal background check as provided in OAR chapter 863, division 005, which requires the applicant to provide fingerprints. (3) The Agency and a vendor for fingerprinting services (“fingerprint service provider”) have contractually agreed that: (a) The fingerprint service provider will provide fingerprint services to license applicants and submit the fingerprints to the Oregon State Police for Oregon and nationwide criminal history checks. (b) A license applicant may only submit fingerprints required by the Agency through the fingerprint services provider. (c) A license applicant must pay the fee for fingerprinting, directly to the fingerprint services provider. (d) A license applicant must provide fingerprints according to the requirements and instructions of the fingerprint services provider. (e) A license applicant must have submitted a license application to the Agency before providing fingerprints. (4) As provided in ORS 181A.225, all fingerprint cards, photographs, records, reports, and criminal offender information obtained or compiled by the Agency are confidential and exempt from public inspection. The Commissioner will keep such information segregated from other information on the applicant or licensee and maintain such information in a secure place. (5) If the Agency determines that additional information is necessary to conduct a background check, the Agency may request such information in writing, and the applicant must provide the requested information. If the applicant fails to provide the requested information, the Agency may determine that the license application is incomplete and terminate the application. (6) A license applicant must successfully complete the remaining portions of the licensing process required by OAR 863-035-0060 within the 12 months from the date of the successfully completed background check process and review. If the applicant does not meet the licensing requirement within the 12 months, the background check review is no longer valid and the applicant must submit to another background check, including fingerprints as described in this rule. Statutory/Other Authority: ORS 696.022 & ORS 696.385 Statutes/Other Implemented: HB 2373, 2025 Regular Session History: REA 5-2025, adopt filed 12/22/2025, effective 01/01/2026
863-035-0040 Examinations (1) For purposes of this rule, “examination provider” means the vendor, under a contract with the Agency, which provides licensing examination services and collects the fee for such services directly from a license applicant. (2) In addition to any other licensing eligibility requirements: (a) A timeshare sales agent license applicant must pass a timeshare sales agent examination. (b) A timeshare sales agent who has not held an active license for two or more consecutive years must pass a reactivation examination. (3) To be eligible to take an examination, a timeshare sales agent applicant must have: (a) Submitted a license application and fee to the Agency required under OAR 863-035-0020; and (b) Successfully completed the required course of study for a timeshare sales agent license under OAR 863-022-0013 from an approved school, or an Agency approved alternative. (4) To be admitted to an examination site: (a) A timeshare sales agent license applicant must be eligible to take an examination under section (3) of this rule; (b) The applicant must register with the examination provider in advance of the examination and comply with the provider’s requirements and instructions; and (c) The examination provider will collect the examination fee under ORS 696.270 directly from the applicant. (5) An applicant must pay a separate examination fee for each examination. (6) If an applicant for a timeshare sales agent license passes an examination but is not issued a license within one year from the date of the examination: (a) The applicant is no longer qualified for the license on the basis of the examination; and (b) The applicant must retake and pass the examination as required by this rule Statutory/Other Authority: ORS 696.022 & ORS 696.385 Statutes/Other Implemented: HB 2373, 2025 Regular Session History: REA 5-2025, adopt filed 12/22/2025, effective 01/01/2026
863-035-0050 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 (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; (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 863-035-0070 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 & ORS 696.022 Statutes/Other Implemented: HB 2373, 2025 Regular Session History: REA 5-2025, adopt filed 12/22/2025, effective 01/01/2026
863-035-0060 Timeshare Sales Agent Licensing Requirements (1) To be eligible for a timeshare sales agent 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 timeshare sales agent license required by OAR 863-022-0013, or an Agency approved alternative. (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 863-022-0013. (d) Pay the fee to the examination provider and take and pass the timeshare sales agent examination as required by OAR 863-035-0040. (e) Provide fingerprints for a criminal background check and pay the fee to the fingerprint services provider as required by OAR 863-035-0030. (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 863-035-0030. (3) A timeshare sales agent 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 timeshare sales agent to the registered business name under OAR 863-035-0090. Statutory/Other Authority: ORS 696.385 & ORS 696.022 Statutes/Other Implemented: HB 2373, 2025 Regular Session History: REA 5-2025, adopt filed 12/22/2025, effective 01/01/2026
863-035-0080 Authorization for Armed Forces Servicemembers and Their Spouses or Domestic Partners (1) An active-duty member of the United States Armed Forces who is stationed in this state, or the spouse or domestic partner of such servicemember, may obtain an authorization to conduct professional real estate activity as a timeshare sales agent upon completion of the requirements in (2) through (4) of this rule. Such authorization is valid until the earliest of the following: (a) Two years from the date of issuance; (b) The date the servicemember's term of active-duty service in this state is complete; or (c) The date the applicant’s license issued by another state expires or is no longer active. (2) Upon submission of the application for authorization, the applicant must hold an active license of the same real estate license category in another U.S. state, and such license or certificate must have been active during the two years immediately preceding the move. The applicant must be in good standing in the state or states in which the applicant is currently licensed. (3) To apply for authorization, the applicant must: (a) Complete an application and pay the related fee as provided in OAR 863-035-0020(1). (b) Submit a copy of their or their spouse's or domestic partner's military orders stationing the servicemember in Oregon. (c) Furnish certification of active license history issued by the state or states where licensed as required in (2) of this rule. (4) An applicant seeking authorization to engage in the selling or offering to sell timeshares as a timeshare sales agent must be associated with a managing principal broker as provided in OAR 863-035-0060. (5) The authorization to conduct professional real estate activity as a timeshare sales agent may not be renewed on expiration. Previous holders of an authorization must reapply and fulfill the requirements of ORS 696.022 and OAR 863-035-0060 in order to conduct professional real estate activity in this state. Statutory/Other Authority: ORS 696.385 & ORS 696.022 Statutes/Other Implemented: 50 U.S.C. Section 4025a; Pub. L. 117-333 History: REA 5-2025, adopt filed 12/22/2025, effective 01/01/2026
863-035-0090 Timeshare Sales Agent Transfers, Managing 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 timeshare sales agent license to a receiving authorized principal broker in order to become associated with the managing principal broker, or (b) Authorizes a timeshare sales agent to use a registered business name to engage in the selling or offering to sell timeshares. (2) An online license transfer application, available through the Agency’s website, includes: (a) The name of the timeshare sales agent and license number of the licensee who is being transferred; (b) The receiving authorized principal broker’s name, license number, date, signature, and attestation authorizing the use of the registered business name. (3) The authorized managing principal broker who supervises the timeshare sales agent remains responsible for the licensee’s professional real estate activity 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 neither the timeshare sales agent nor the authorized principal broker who supervises the timeshare sales agent completes the online inactivation process, the authorized principal broker remains responsible for the timeshare sales agent’s subsequent professional real estate activity until the Agency receives one of the following: (a) An online inactivation application; or (b) An online license transfer application and fee. (5) The Agency will document the registered business name under which a timeshare sales agent is authorized to sell or offer to sell timeshares when the Agency receives an online license transfer application, or a new registered business name application, and the transfer fee authorized by ORS 696.270. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: HB 3137, 2025 Regular Session History: REA 5-2025, adopt filed 12/22/2025, effective 01/01/2026
863-035-0100 Inactive License, Change License Status to Active, License Reactivation (1) A timeshare sales agent whose license is on inactive status may not engage in professional real estate activity. (2) The Commissioner may reprimand, suspend, revoke, or impose a civil penalty against an inactive timeshare sales agent under ORS 696.301. (3) The Agency will change an active timeshare sales agent license to inactive license status when the Agency receives the following: (a) An online inactivation application available through the Agency’s website completed by the licensee to change the license status to inactive; or (b) An online inactivation application available through the Agency’s website completed by the licensee’s authorized principal broker to change the license status of the licensee to inactive. (4) An inactive timeshare sales agent may be renewed under OAR 863-035-0070. (5) For a period of 30 days after a timeshare sales agent license becomes inactive, the licensee may change such license status from inactive to active and be transferred by an authorized principal broker under OAR 863-035-0090. (6) Except as provided in section (7) of this rule, for a period of 30 days after the timeshare sales agent license becomes inactive, the licensee may become licensed as an active timeshare sales agent only if: (a) The licensee is qualified for such license and (b) The licensee submits to the Agency: (A) An Agency-approved application, and (B) Payment of the fee authorized by ORS 696.270. (7) If a timeshare sales agent license has not been on active status for two or more consecutive years, the following steps must be completed in the order listed to reactivate the license: (a) The licensee must pay a fee to the examination provider and take and pass a reactivation examination as required by OAR 863-035-0040. (b) The licensee must submit an online reactivation application available through the Agency’s website and pay the fee to the Agency required under ORS 696.270. (8) After the 30-day period specified in sections (5) and (6) of this rule, and subject to the examination requirements in section (7) of this rule, the Agency will change the timeshare sales agent license status from inactive to active after receiving the following: (a) An online application for license reactivation; (b) Payment of the reactivation fee authorized by ORS 696.270; and (c) An online license transfer application available through the Agency’s website, completed by the receiving authorized principal broker per OAR 863-035-0090. (9) The change of license status, transfer, or the reactivation of a license is effective when all requirements are met, applications are completed, and fees are paid. 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
863-035-0110 Licensee Name Change A timeshare sales agent may apply for a name change by submitting to the Agency: (1) An online name change application available through the Agency’s website 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 696.022 Statutes/Other Implemented: HB 2373, 2025 Regular Session History: REA 5-2025, adopt filed 12/22/2025, effective 01/01/2026
863-035-0120 License Surrender (1) A timeshare sales agent may surrender their license to the commissioner on an Agency-approved form. Upon surrender, the license is terminated, and the timeshares sales agent’s rights under the surrendered license are terminated. The commissioner retains continuing jurisdiction to investigate the professional real estate activity 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 696.022 Statutes/Other Implemented: HB 2373, 2025 Regular Session History: REA 5-2025, adopt filed 12/22/2025, effective 01/01/2026
863-035-0130 Reissuing Suspended License (1) The Agency may reissue an unexpired real estate license that has been suspended by order of the Commissioner if the licensee makes a written request to the Agency that such license 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 863-035-0100. (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 863-035-0070. (4) A license reissued under this rule is effective for licensing purposes when the Agency receives all required forms and fees. (5) A suspended license may not be renewed. (6) If the license remains suspended and is not reissued and renewed under OAR 863-035-0070 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 696.022 Statutes/Other Implemented: HB 2373, 2025 Regular Session History: REA 5-2025, adopt filed 12/22/2025, effective 01/01/2026
863-040-0010 Application for Membership Camping Contract Registration In addition to and at the time of filing the information required by ORS 94.959, a membership camping operator shall file the following information and documentation with an application for the registration of a membership camping contract: (1) The name, address and telephone number of each onsite manager of any campground located in Oregon. (2) A current title report for the real property of any campground in Oregon along with a copy of all encumbrances listed on the report. If the operator is not in fee title to the real property, a copy of any documentation on which a right to use the property is claimed by the operator. (3) Full and complete disclosure of any local requirements for the creation, siting and operation of campgrounds and verification from the local jurisdiction that the membership camping operator has complied with the requirements. Statutory/Other Authority: ORS 94 & 696 Statutes/Other Implemented: ORS 94.959 History: REA 2-2003, f. 6-30-03, cert. ef. 7-1-03 REA 6-1987, f. 12-3-87, ef. 1-1-88
863-040-0040 Membership Camping Contract Salesperson Registration and Renewal (1) The renewed registration will be issued for one year from the date of renewal. If a renewal application is not filed with the Real Estate Commissioner within one year from the expiration of a registration, renewal of the registration will no longer be possible and the former registrant must meet the requirements of a new registration under ORS 94.980. (2) As part of the application for registration as a MCC salesperson submitted under ORS 94.980, the applicant shall submit two completed fingerprint cards on a form prescribed by the Commissioner and an additional fee sufficient to recover the costs of the processing of the applicant's fingerprint information and securing any criminal offender information pertaining to the applicant. Statutory/Other Authority: ORS 696.385 Statutes/Other Implemented: ORS 94.980 History: REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 2-2003, f. 6-30-03, cert. ef. 7-1-03 REA 4-1997, f. 11-24-97, cert. ef. 12-1-97 REA 1-1997, f. 4-28-97, cert. ef. 5-5-97 REA 2-1992, f. 2-28-92, cert. ef. 4-1-92 REA 3-1989, f. 12-13-89, cert. ef. 2-1-90 REA 6-1987, f. 12-3-87, ef. 1-1-88
863-049-0000 Applicability and Purpose This division applies to escrow agents and those who wish to become escrow agents. Its purpose is to set forth the requirements and processes for initial licensing, changes in ownership and individuals in charge of escrow operations, notice to the Agency of other changes, and license renewal. Statutory/Other Authority: ORS 696.541 Statutes/Other Implemented: ORS 696.511 History: REA 1-2009, f. 12-15-09, cert. ef. 1-1-10
863-049-0005 Definitions As used in this division, unless the context requires otherwise: (1) “Agency” means the Oregon Real Estate Agency. (2) “Bank” is defined in ORS 706.008. (3) “Commissioner” means Oregon Real Estate Commissioner. (4) “Escrow” is defined in ORS 696.505. (5) “Escrow agent” is defined in ORS 696.505. (6) “Escrow operations” means any activity that is subject to regulation under ORS 696.505 to 696.590. (7) “Escrow trust account” is defined in section 1, chapter 174, Oregon Laws 2009. (8) “Trust funds” is defined in section 1, chapter 174, Oregon Laws 2009. Statutory/Other Authority: ORS 696.541 Statutes/Other Implemented: ORS 696.505 & 696.511 History: REA 1-2009, f. 12-15-09, cert. ef. 1-1-10