justicedao/ipfs_state_laws huggingface dataset:
161-025-0050 Records and Appraisal Report Retention Requirements (1) Every state certified appraiser and every state licensed appraiser shall maintain and have custody of records of all real estate appraisal activity conducted by the appraiser or make appropriate work file retention and/or retrieval arrangements with the party having custody of such records. Such records shall be maintained by the appraiser for a period of at least five years after the date of completion of the appraisal to which the record pertains, or at least two years after final disposition of any judicial proceeding in which the appraiser provided testimony related to the assignment, whichever period expires last. (2) Records of real estate appraisal activity shall include copies of all reports issued by the appraiser relative to the assignment; a workfile containing all documentation supporting the data, analyses, opinions and conclusions reflected in the appraisal report(s); and summaries of any oral report(s) or testimony, or a transcript of testimony. (3) Such records shall at all times be open for inspection by the Board or its duly authorized representatives. (4) A chronological log of all real estate appraisal activity must be provided by each individual state certified appraiser or state licensed appraiser upon request by the Administrator. Statutory/Other Authority: ORS 674.150, 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 1-2024, amend filed 07/30/2024, effective 07/30/2024 ACLB 1-2013, f. 1-30-13, cert. ef. 1-31-13 ACLB 6-2003, f. & cert. ef. 11-24-03 ACLB 1-2002, f. & cert. ef. 2-26-02 ACLB 1-1994, f. & cert. ef. 2-1-94 ACLB 2-1992, f. & cert. ef. 4-30-92 ACLB 1-1992(Temp), f. & cert. ef. 1-23-92
161-040-0000 Inactive Status (1) A certified or licensed appraiser may, upon compliance with the provisions of this section, transfer his or her license or certificate from active to inactive status. (2) The appraiser shall submit a written request to the Board on a form prescribed by the Board, that he or she desires to be placed on inactive status and shall accompany the request with the appropriate fee and required continuing education. (3) The Board shall, promptly after receipt of such request, provide written notice to the applicant that the applicant has been placed on inactive status. (4) The applicant for inactive status shall not sign or issue any appraisal reports on or after the date he or she submits a request for conversion to inactive status to the Board (5) A person of inactive status may convert to active status as a state certified or state licensed appraiser, as applicable, upon submission of a renewal application, on a form prescribed by the Board, and upon that person's submission of all information required by that form and payment of the appropriate fees. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674 History: ACLB 5-2014, f. 12-19-14, cert. ef. 1-1-15 ACLB 1-2002, f. & cert. ef. 2-26-02 ACLB 1-1998, f. 6-24-98, cert. ef. 7-1-98 ACLB 1-1994, f. & cert. ef. 2-1-94
161-050-0000 Temporary Non-Resident Registration of Out-of-State Appraisers (1) The Board will recognize temporarily the license or certificate of an appraiser issued by another state if: (a) The appraiser is a non-resident of Oregon; (b) The appraiser’s business is of a temporary nature; and (c) The appraiser registers with the Board. (2) Any out-of-state appraiser desiring to conduct real estate appraisal activity within the State of Oregon, must submit an application for temporary registration on a form prescribed by the Board. The application must include: (a) The required registration fee, and (b) An irrevocable consent to service form appointing the Board Administrator as agent for service of process as provided in these rules, if, in an action against the applicant in a court of this state arising out of the applicant’s activities as a licensed or certified appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant. (3) The Board will obtain a National Registry License History Report for possible disciplinary actions. Alternatively, the Board may request the applicant to request a license history from the applicant’s resident state indicating applicant is currently in good standing. This verification must be submitted directly to the Board office by the applicant’s resident state licensing authority. The license history must be received by the Board within 30 days. (4) The non-resident registration is only valid for a single appraisal assignment within the state. (5) A single appraisal assignment may include one or more properties under one contract for a single client. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674 History: ACLB 5-2014, f. 12-19-14, cert. ef. 1-1-15 ACLB 1-2013, f. 1-30-13, cert. ef. 1-31-13 ACLB 2-2012(Temp), f. & cert. ef. 8-3-12 thru 1-30-13 ACLB 2-2010, f. & cert. ef. 4-23-10 ACLB 1-2010(Temp), f. 1-29-10, cert. ef. 2-1-10 thru 7-27-10 ACLB 1-2008, f. & cert. ef. 5-13-08 ACLB 1-2007, f. & cert. ef. 2-9-07 ACLB 4-2005, f. & cert. ef. 11-2-05 ACLB 1-2002, f. & cert. ef. 2-26-02 ACLB 1-2000, f. & cert. ef. 2-29-00 ACLB 1-1998, f. 6-24-98, cert. ef. 7-1-98 ACLB 1-1994, f. & cert. ef. 2-1-94 Reverted to ACLB 2-1992, f. & cert. ef. 4-30-92 ACLB 3-1993(Temp), f. & cert. ef. 4-28-93 ACLB 2-1992, f. & cert. ef. 4-30-92 ACLB 1-1992(Temp), f. & cert. ef. 1-23-92
161-050-0010 Grandfathering Not Permitted No applicant shall be deemed exempt from meeting the criteria established for licensing or certification, or be otherwise “grandfathered” into the Oregon appraiser licensing and certification system. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 1-1994, f. & cert. ef. 2-1-94 ACLB 2-1992, f. & cert. ef. 4-30-92 ACLB 1-1992(Temp), f. & cert. ef. 1-23-92
161-050-0020 Discrimination (1) The Board shall implement the provisions of ORS Chapter 674 impartially and fairly without regard to an individual’s (or group’s) race, color, national origin, religion, disability, sex, sexual orientation, gender identity, age, marital status, veteran status, membership status in any particular appraisal organization, or possession of certain professional designations. (2) All State Certified General Appraisers, State Certified Residential Appraisers, State Licensed Appraisers and Registered Appraiser Assistants shall remain impartial and unbiased when engaged in real estate appraisal activity. All licensees and registrants shall at all times comply with the Nondiscrimination section of the USPAP Ethics Rule when engaged in real estate appraisal activity, and shall not consider an individual’s (or group’s) race, color, national origin, religion, disability, sex, sexual orientation, gender identity, age, marital status, or membership status in any particular organization when engaged in real estate appraisal activity. (3) All Subject Individuals, Controlling Persons, Owners, Employees and/or Representatives of an Appraisal Management Company (AMC) doing business in this State shall at all times remain unbiased when engaged in appraisal management services. Persons engaged in appraisal management services shall not consider an individual’s (or group’s) race, color, national origin, religion, disability, sex, sexual orientation, gender identity, age, marital status, veteran status or membership status in any particular organization when engaged in appraisal management activity. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 1-2024, amend filed 07/30/2024, effective 07/30/2024 ACLB 1-2023, amend filed 07/24/2023, effective 07/24/2023 ACLB 1-2002, f. & cert. ef. 2-26-02 ACLB 1-1994, f. & cert. ef. 2-1-94 ACLB 2-1992, f. & cert. ef. 4-30-92 ACLB 1-1992(Temp), f. & cert. ef. 1-23-92
161-050-0030 Display of Certificate or License Each licensee, and each appraiser assistant registered in this state (other than those of inactive status), shall display prominently, his or her license or certificate or registration in their principal place of business. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 2-2006, f. & cert. ef. 7-26-06 ACLB 1-1994, f. & cert. ef. 2-1-94
161-050-0040 Changes in Application/Renewal Information (1) Every licensee, registered appraiser assistant or applicant must notify the Board, in writing or by e-mail, of a change in any of the following information within ten business days of the change: (a) Name; (b) Business or Employer physical and mailing address; (c) Home physical and mailing address; (d) Work telephone; (e) Home telephone; (f) Facsimile; (g) Social Security Number; or (h) E-mail address. (2) Additionally, any licensee who is not currently a resident of the State of Oregon or who subsequently moves out of the state must submit an irrevocable consent to service of process form within ten business days of a change of business or employer physical and mailing addresses, and the address where records of their Oregon real estate appraisal activity are kept. Statutory/Other Authority: ORS 674.305 & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 1-2013, f. 1-30-13, cert. ef. 1-31-13 ACLB 4-2005, f. & cert. ef. 11-2-05 ACLB 6-2003, f. & cert. ef. 11-24-03 ACLB 1-2002, f. & cert. ef. 2-26-02 ACLB 1-1994, f. & cert. ef. 2-1-94
161-500-0000 Definitions In addition to the definitions in ORS 674.200, and as used in OAR chapter 161 divisions 500 through 570, the following terms (whether capitalized or not) shall have the following meanings: (1) “Appraisal Report” has the same meaning as defined in OAR 161-002-0000. (2) “Assignment” means: (a) An agreement between an appraiser and a client to perform a valuation service; (b) The valuation service that is provided as a consequence of such an agreement. (3) “Audit” or “auditing” means a formal or official examination and verification of the accounts, correspondence, memoranda, papers, books and other records of an appraisal management company for compliance with ORS 674.200 through 674.250. (4) “Board” means the Appraiser Certification and Licensure Board established under ORS 674.305. (5) “Competency” or “competent” refers to the Competency Rule as defined in the Uniform Standards of Professional Appraisal Practice (USPAP). (6) “Complaint” means any written document alleging a deficiency on the part of the appraiser or appraisal management company in the completion of an assignment for real property in Oregon. (7) “Subject Individual” means: (a) A person designated as the controlling person as defined in ORS 674.200(8); (b) An individual with an ownership interest of 10 percent or more of an appraisal management company; or (c) In cases where ownership interest of 10 percent or more of the appraisal management company is held by an entity other than an individual: (A) An individual who wholly owns a corporation that owns 10 percent or more of an appraisal management company; (B) An individual wholly owning and serving as the only general partner in a limited partnership that owns 10 percent or more of an appraisal management company; (C) An individual wholly owning and managing a limited liability company that owns 10 percent or more of an appraisal management company; or (D) An individual who wholly owns any other type of business entity that owns 10 percent or more of an appraisal management company. (8) “System” means an organized or established procedure or method. 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
161-510-0010 Fees The Board shall charge and collect the following non-refundable fees: (1) Application fee — $1,000; (2) Registration fee (two years) — $3,000; (3) Fee for Registration Renewed (two years) — $4,250; (4) Fee for Late Renewal — $1,000; (5) Fee for Duplicate Registration — $40; (6) Annual Appraisal Subcommittee (ASC) Fee — Actual Fee; (7) Fingerprint and Background Checks — Actual Fee; (8) Fee for Change or Addition of Subject Individual — $500; (9) Fee for Change of Business Name — $1,000; (10) Fee for Registration History — $50; (11) Fee for Late Annual Report — $1,500. 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 5-2019, amend filed 06/17/2019, effective 07/01/2019 ACLB 1-2013, f. 1-30-13, cert. ef. 1-31-13 ACLB 2-2012(Temp), f. & cert. ef. 8-3-12 thru 1-30-13 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
161-520-0005 Business Name Registrations Before conducting business in Oregon, the appraisal management company must be registered with the Oregon Secretary of State’s Corporation Division. For the purpose of this rule, “business name” means an assumed name or the name of a business entity such as a corporation, partnership, limited liability company, or other business entity recognized by law. The appraisal management company must maintain the registered business name with the Oregon Secretary of State’s Corporation Division. The appraisal management company must use the registered business name for all transactions in this state. 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
161-520-0020 Appraiser Competency (1) A system to verify that each appraiser on the appraisal management company’s appraiser panel, shall meet the following minimum requirements: (a) An appraisal management company shall require that each independent contractor appraiser furnish their license or certificate number issued by the Board under ORS 674.310; (b) An appraisal management company shall have a system in place to verify each independent contractor appraiser’s license or certificate renewal; (c) An appraisal management company shall prominently state in the engagement/assignment document to the independent contractor appraiser that, by the appraiser’s acceptance and completion of the assignment, the appraiser agrees and attests that they are competent to perform the appraisal assignment; (d) An appraisal management company shall include the following information in an assignment to an independent contractor appraiser, to the extent the appraisal management company’s client has communicated the information to the appraisal management company: (A) The geographic location of the real property, which may include the metropolitan statistical area, metropolitan division, area outside of a metropolitan statistical area, county, postal code, legal description or other geographic information identifying where the real property is situated; and (B) The type of real property the assignment covers. (e) An appraisal management company shall require that each independent contractor appraiser completing appraisals at the request of the appraisal management company comply with the Uniform Standards of Professional Appraisal Practice. (2) The Board retains jurisdiction over administrative inquiries and actions involving misrepresentations made by an individual appraiser regarding competency. 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
161-520-0035 Form of Application (1) All applications must be submitted as prescribed in OAR 161-520-0010 and 161-520-0030 on forms prescribed by the Board. (2) Where space does not permit, the applicant may attach appropriate addendum. All questions must be answered. All forms must be signed and dated by the controlling person. (3) Withholding information, misrepresentation, or submission of untrue or false statements as part of the application are deemed to demonstrate untrustworthiness and are cause for a civil penalty under ORS 674.995 and either denial of an application or subsequent disciplinary action, including revocation of registration. (4) An application and the application fee shall be valid for six (6) months from receipt by the Board. After six (6) months, the applicant must submit a new application with the appropriate fee. 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 ACLB 2-2012(Temp), f. & cert. ef. 8-3-12 thru 1-30-13
161-520-0040 Change or Addition of Subject Individual An appraisal management company shall, within 30 business days, file with the Board, a notice of change or addition of a subject individual of the appraisal management company. Such notification shall be in writing on a form prescribed by the Board and include the following: (1) A completed background check authorization form for any new subject individual containing information specified in OAR 161-530-0020; (2) A sealed envelope containing a fingerprint card for each new subject individual; and (3) Applicable fees established in OAR 161-510-0030. 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
161-520-0045 Change in Business Name An appraisal management company must submit to the Board a notice of business name change within thirty (30) calendar days of the change. Such notification shall be in writing on a form prescribed by the Board along with the following: (1) A corrected surety bond as required by ORS 674.210; (2) A copy of the Secretary of State business registration with the company’s new name; and (3) Applicable fees as established in OAR 161-510-0010. 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 1-2013, f. 1-30-13, cert. ef. 1-31-13 ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12
161-520-0050 Change of Individual Ownership An appraisal management company with a change of individual ownership greater than fifty (50) percent interest in the appraisal management company, shall submit to the Board a notice of change of ownership. Such notification shall be in writing on a form prescribed by the Board, along with the following: (1) A completed surety bond required by ORS 674.210; (2) A copy of the Secretary of State business registration showing change of registered agent; (3) A completed background check authorization form for the new subject individual, containing information specified in OAR 161-530-0020; (4) A sealed envelope containing a fingerprint card for the subject individual; (5) The application fee established in OAR 161-510-0010; and (6) The fingerprint and background check fee established in OAR 161-510-0010. 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 1-2013, f. 1-30-13, cert. ef. 1-31-13 ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12
161-520-0055 Change of Address (1) An appraisal management company must maintain on file with the Board a current physical and mailing address, and notify the Board within thirty (30) calendar days of any change in either the physical or mailing address. (2) A forwarding address is effective as a current mailing address when the Board receives notice of the forwarding address by the United States Postal Service. 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
161-520-0060 Termination or Cancellation of Surety Bond or Letter of Credit (1) If the surety bond or letter of credit maintained by an appraisal management company is terminated or cancelled, the appraisal management company shall file a replacement surety bond or letter of credit as soon as practicable or within five days of the cancellation or termination, whichever occurs sooner. (2) An appraisal management company that does not file a replacement surety bond or letter of credit under paragraph (1) of this rule shall surrender the appraisal management company’s registration and cease operating as an appraisal management company. 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
161-530-0010 Criminal Records Check (1) The Board shall conduct a criminal records check on a subject individual as a condition of issuing a registration as an appraisal management company, or when there is a change or addition of a subject individual of an appraisal management company. (2) The subject individual shall submit a completed criminal background authorization on a form prescribed by the Board, along with a fingerprint card. (3) The subject individual shall provide additional information, as requested by the Board, to resolve any issue hindering the completion of a criminal background check and/or fitness determination. (3) The Board shall request that the Oregon State Police conduct Oregon and nationwide criminal records checks through fingerprint identification. The Board may request or conduct a Law Enforcement Data System (LEDS) criminal records check, as part of any criminal background check and/or fitness determination, to meet the requirements of this rule. (4) If a subject individual refuses to consent to a criminal records check, including fingerprint identification, the Board shall not issue a registration as an appraisal management company. A subject individual may not contest any determination made based on a refusal to consent. (5) Withholding information, misrepresentation, or submission of untrue or false statements as part of the criminal background authorization are deemed to demonstrate untrustworthiness and are cause for a civil penalty under ORS 674.995 and either denial or subsequent disciplinary action, including revocation of registration. 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 1-2013, f. 1-30-13, cert. ef. 1-31-13 ACLB 2-2012(Temp), f. & cert. ef. 8-3-12 thru 1-30-13 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