justicedao/ipfs_state_laws huggingface dataset:
161-015-0000 Application Process Any person desiring to take an appraiser examination, must submit a completed application as prescribed by the Board, evidencing completion of the required qualifying education and experience criteria before being approved to take the examination. (1) Applicants must list qualifying education courses by date, course provider, approval number and classroom hours. (2) Applicants must submit documentation of course completion in the form of official college transcripts, signed letters, or signed certificates of completion. Course outlines or other items may be requested to verify the prerequisite education. (3) Applicants must submit documentation evidencing the requisite hours of appraisal experience claimed for credit. Such hours must meet the requirements of OAR 161-010-0035, 161-010-0045, or 161-010-0065 as applicable. (4) The applicant may be required to submit an affidavit from their supervising appraiser(s) to verify experience claimed. (5) The applicant may also be required to submit some or all written reports or file memoranda claimed within the applicant’s documentation evidencing the requisite experience hours. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674 History: ACLB 1-2025, amend filed 07/22/2025, effective 07/22/2025 ACLB 1-2024, amend filed 07/30/2024, effective 07/30/2024 ACLB 5-2014, f. 12-19-14, cert. ef. 1-1-15 ACLB 3-2014(Temp), f. & cert. ef. 7-7-14 thru 12-31-14 ACLB 1-2013, f. 1-30-13, cert. ef. 1-31-13 ACLB 2-2010, f. & cert. ef. 4-23-10 ACLB 1-2009(Temp), f. 1-28-09, cert. ef. 1-30-09 thru 7-27-10 ACLB 1-2009, f. 1-28-09, cert. ef. 1-30-09 ACLB 3-2003, f. & cert. ef. 5-1-03 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 ACLB 2-1992, f. & cert. ef. 4-30-92 ACLB 8-1991(Temp), f. & cert. ef. 12-31-91 ACLB 3-1991(Temp), f. & cert. ef. 8-29-91 ACLB 2-1991(Temp), f. & cert. ef. 7-1-91
161-015-0010 Form of Application All appraiser and appraiser assistant applications must be submitted as prescribed in OAR 161-010-0080 or 161-015-0000. (1) If space does not permit an applicant to present their complete record of experience or education on the application forms, the applicant may attach appropriate addendum as needed. Both physical and mailing addresses are required for home and business. All questions must be answered. All forms must be signed and dated. (2) An application shall be accompanied by a current, recognizable passport style color photograph of the applicant taken within 30 days preceding submission of the application to the Board. (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 674.850 and either denial of an application or subsequent disciplinary action. (4) The application must include the applicant’s Social Security number for identification purposes as authorized by ORS 25.785 and will remain on file with the Board. Failure to provide a Social Security Number is grounds to deny an application. (5) A first-time applicant will be required to provide fingerprints for completion of a criminal background check as provided in OAR chapter 161-030-0000. (6) 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. (7) An applicant for a license or certificate shall have 6 months from the date of written notification of application approval to successfully pass the examination or the application shall be denied. (8) An applicant in the Reserve components of the US Armed Forces, who was pursuing an appraiser license or certification prior to December 1, 2011, and who was called to active duty between December 1, 2011 and December 31, 2014, may satisfy the qualifications required under the 2008 Criteria for an additional time period after January 1, 2015. The extension of time shall be equal to the applicant’s time of active duty, plus 12 months. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674 History: ACLB 1-2024, amend filed 07/30/2024, effective 07/30/2024 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 1-2009, f. 1-28-09, cert. ef. 1-30-09 ACLB 1-2007, f. & cert. ef. 2-9-07 ACLB 1-2002, f. & cert. ef. 2-26-02 ACLB 2-2000, f. & cert. ef. 10-23-00 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 4-1993(temp), f. & cert. ef. 6-25-93 ACLB 2-1992, f. & cert. ef. 4-30-92 ACLB 1-1992(Temp), f. & cert. ef. 1-23-92 ACLB 4-1991(Temp), f. & cert. ef. 8-29-91
161-015-0015 Reciprocity (1) The Board may recognize and accept the education and experience of an applicant who holds a license or certificate obtained from another state. The out-of-state license or certificate must be active and the applicant must be in good standing in all states in which they are licensed and/or certified. (2) An applicant may apply for an Oregon reciprocal real property appraiser license or certificate at a level consistent with their out-of-state license or certificate provided that: (a) The appraiser licensing program of the other state is in compliance with the provisions of Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 {12U.S.C.3331-3351} as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010; and (b) The originating state has credentialing requirements that meet or exceed those of Oregon. (3) Each out-of-state credential holder applying for an Oregon reciprocal real estate appraiser license or certificate shall: (a) Be at least 18 years of age; (b) Be identified on the National Registry of the Appraisal Subcommittee as an active licensed or certified real property appraiser that currently conforms to the AQB criteria; (c) Submit an application for a license or certificate on a form prescribed by the Board as set forth in OAR 161-015-0030; and (d) Shall comply with all statutes and rules governing licensed or certified appraisers in Oregon. Each reciprocal licensee shall immediately notify the Board of any disciplinary action taken in any other state in which the licensee holds a license or certificate. (4) Be subjected to a background check pursuant to OAR 161-030-0000. Statutory/Other Authority: ORS 674.035(7) & 674.310 Statutes/Other Implemented: ORS 674 History: ACLB 1-2024, amend filed 07/30/2024, effective 07/30/2024 ACLB 5-2014, f. 12-19-14, cert. ef. 1-1-15
161-015-0050 Qualifications to Take Examination To qualify to take any examination, an applicant must meet the education and experience requirements set forth in these rules. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674.310 History: 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 8-1991(Temp), f. & cert. ef. 12-31-91 ACLB 4-1991(Temp), f. & cert. ef. 8-29-91
161-015-0060 Examinations (1) The Board may administer its own appraiser examinations or it may contract with an examination service to provide and conduct the examinations. The examinations shall be compliant with the requirements of the Appraiser Qualifications Board of the Appraisal Foundation. (2) Examination and re-examination fees, set by the testing agent, shall be paid by the applicant directly to the testing agent. (3) The applicant may be required to pay a separate fee directly to the proctor. 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 ALCB 2-2002, f. & cert. ef. 5-30-02 ACLB 1-1994, f. & cert. ef. 2-1-94 ACLB 2-1992, f. & cert. ef. 4-30-92 ACLB 8-1991(Temp), f. & cert. ef. 12-31-91 ACLB 4-1991(Temp), f. & cert. ef. 8-29-91
161-015-0080 Rescheduling and Excused Absences An applicant must reschedule examinations and request excused absences directly with the testing agent. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674.310 History: 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 8-1991(Temp), f. & cert. ef. 12-31-91 ACLB 4-1991(Temp), f. & cert. ef. 8-29-91
161-015-0090 Re-examination An applicant may take the exam up to three times within six months of the date of the Board’s approval to take the examination. Any applicant who has failed to successfully pass the examination after six months or three attempts, whichever occurs first, may be required to furnish the ACLB Administrator with evidence of additional study as determined by the Administrator before submitting a new application and being approved to take subsequent examinations. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674 History: ACLB 1-2024, amend filed 07/30/2024, effective 07/30/2024 ACLB 2-2006, f. & cert. ef. 7-26-06 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 ACLB 2-1992, f. & cert. ef. 4-30-92 ACLB 8-1991(Temp), f. & cert. ef. 12-31-91 ACLB 4-1991(Temp), f. & cert. ef. 8-29-91
161-020-0005 Scope This division outlines the requirements for qualifying education for state licensed appraisers, state certified residential appraisers, state certified general appraisers, and appraiser assistants; continuing education for state licensed appraisers, state certified residential appraisers, state certified general appraisers, and appraiser assistants; and the requirements for education courses and course providers . Course providers that have obtained approval of their course(s) under the Appraisal Qualifications Board of the Appraisal Foundation (AQB) Course Approval Program may be recognized by the Board as having satisfied the requirements of this rule. The Board retains the right to review, modify, or reject a course that has received AQB approval. 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 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 1-2002, f. & cert. ef. 2-26-02 ACLB 1-1994, f. & cert. ef. 2-1-94, Renumbered from 161-020-0000 ACLB 2-1992, f. & cert. ef. 4-30-92 ACLB 1-1992(Temp), f. & cert. ef. 1-23-92
161-020-0006 Definitions (1) "AQB" means the Appraiser Qualifications Board. (2) "Asynchronous" and "Asynchronously" mean the instructor and student interaction is non-simultaneous, the student progresses at the student's own pace and follows a structured course content and quiz/exam schedule. (3) "Asynchronous Delivery Mechanism Approval Entity" or "ADMAE" includes: (a) The AQB; (b) AQB-approved organizations providing approval of course design and delivery (such as The Appraisal Foundation or other independent approved entity); (c) An accredited college, community college or university that: (A) Offers distance education programs; (B) Is approved or accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the US Secretary of Education; and (C) Awards academic credit for the distance education course or has a distance education delivery program that approves the course design and delivery that incorporate interactivity. (4) "Biometric proctoring" means an electronic administration of an exam in which student identity is continuously verified through processes such as facial recognition, consistency in keystroke cadence and observation of activity in the testing location wherein aberrant behavior can be readily observed. (5) "Hybrid" means a course which includes both synchronous and asynchronous delivery. (6) "Synchronous" and "Synchronously" mean the instructor and students interact simultaneously via a live, interactive method similar to a classroom, phone call, online video chat, live webinar or web-based meeting. Statutory/Other Authority: ORS 674.305(8) & ORS 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 3-2021, adopt filed 12/28/2021, effective 01/01/2022
161-020-0025 Eligibility for Course Approval Any school, organization, person or other entity that owns the proprietary rights to a course is eligible to apply for course approval under these rules. For purposes of these rules, the following are considered to be a "course owner": (1) An entity that owns a course and that conducts the course directly and/or through affiliated entities. (2) An affiliated entity of a course owner having Board approval where such affiliated entity conducts the same course, under the auspices of the course owner as described in OAR 161-020-0045. (3) An entity that has purchased or otherwise lawfully acquired from the course owner of a Board approved course, the course materials for such course and that has the right to independently conduct a course using such acquired course materials. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 1-2002, f. & cert. ef. 2-26-02 ACLB 1-1994, f. & cert. ef. 2-1-94, Renumbered from 161-020-0030 ACLB 2-1992, f. & cert. ef. 4-30-92 ACLB 1-1992(Temp), f. & cert. ef. 1-23-92
161-020-0035 Application for Course Approval Course owners seeking initial Board approval shall make application on a form prescribed by the Board, and submit all required information listed on the application form along with a non-refundable application fee. Course owners seeking Board approval for a qualifying education course shall specify on the application form the category of qualifying education for which they seek course approval, as outlined in 161-020-0110(2)(a) and 161-020-0110(3). An application must be complete before it will be reviewed by the Board. (1) The Board shall exercise its best efforts, in accordance with applicable law, to protect the confidentiality of course examinations or other proprietary material submitted by applicants as part of their course materials. (2) Course providers shall not misrepresent Board approval status of their course in advertising. If an applicant violates this provision, the Administrator may suspend the review or approval of the course in question. (3) Credit for Qualifying Education and Continuing Education classroom hours may only be obtained from approved providers which include: (a) Colleges and universities; or (b) Community or junior colleges; or (c) Real estate appraisal or real estate-related organizations; or (d) State or federal agencies or commissions; or (e) Proprietary schools; or (f) Providers approved by state certification/licensing agencies; or (g) The Appraisal Foundation or its boards. 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 5-2014, f. 12-19-14, cert. ef. 1-1-15 ACLB 3-2008, f. & cert. ef. 8-13-08 ACLB 4-2005, f. & cert. ef. 11-2-05 ALCB 2-2002, f. & cert. ef. 5-30-02 ACLB 1-1994, f. & cert. ef. 2-1-94
161-020-0065 Denial of Approval If an application for course approval is accepted for consideration, but the course is subsequently not approved by the Board, the course owner/affiliated entity shall be notified in writing. The Board will also notify the course owner/affiliated entity of the reasons for the denial of the application and also inform the course owner/affiliated entity of its right to appeal the decision to deny the application by requesting a contested case hearing in accordance with ORS Chapter 183 within sixty days of the notice of denial. Statutory/Other Authority: ORS 674.305 & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 5-2014, f. 12-19-14, cert. ef. 1-1-15 ACLB 1-1994, f. & cert. ef. 2-1-94
161-020-0070 Withdrawal of Approval by the Board (1) The Board may withdraw approval at any time upon finding any of the following: (a) That the course owner/affiliated entity provided false or misleading information in connection with an application for course approval or renewal; (b) That a course is not being conducted in the manner represented at the time approval was granted or that a course no longer complies with the criteria for approval or renewal; (c) That the course owner/affiliated entity does not enforce policies relating to course prerequisites, instructor qualifications, student attendance or course scheduling; (d) That the course owner/affiliated entity misrepresents approval of a course by the Board in any manner, including failure to indicate in any advertising or other material claiming Board approval the number of classroom hours credit awarded when the credit hours awarded are less than the actual number of scheduled classroom hours; (e) That the course owner/affiliated entity misrepresents any material fact relating to a course; (f) That the course owner/affiliated entity has failed to maintain for a period of at least five years accurate records of students' course completion and to fill, within a reasonable period of time, requests for course completion letters or certificates from former students who satisfactorily completed a course; (g) That the course owner/affiliated entity has failed to comply with any provisions of these rules. (2) The Board shall notify the course owner/affiliated entity in writing of the reasons for the withdrawal of approval. The Board will also notify the course owner/affiliated entity that they shall have a period of sixty days following the date of such notice during which the course owner/affiliated entity may appeal the decision to withdraw course approval by requesting a contested case hearing in accordance with ORS Chapter 183. Statutory/Other Authority: ORS 674.305 & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 5-2014, f. 12-19-14, cert. ef. 1-1-15 ACLB 1-2002, f. & cert. ef. 2-26-02 ACLB 1-1994, f. & cert. ef. 2-1-94, Renumbered from 161-020-0050 ACLB 2-1992, f. & cert. ef. 4-30-92 ACLB 1-1992(Temp), f. & cert. ef. 1-23-92
161-020-0100 Amendments to Program Course owners/affiliated entities are required to comply with Board rules and procedures at all times. The Board may amend these rules at any time after giving notice as required by state law. These rules are effective when filed and will apply whether or not any course owner/affiliated entity has received notice of the rule. Statutory/Other Authority: ORS 674.305 & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 1-2002, f. & cert. ef. 2-26-02 ACLB 1-1994, f. & cert. ef. 2-1-94
161-020-0130 Approval Requirements for Non Pre-Approved Courses for Qualifying and Continuing Education (1) The following courses are subject to the review and approval of the Administrator or designee and may be acceptable for approval as Qualifying Education and Continuing Education: (a) Course work approved by the AQB which also meets the requirements of these rules; (b) Courses approved for credit hours at a community college, college or university in the State of Oregon shall be approved by the Board if said courses are substantially the same as required in the Board’s rules and procedures. The applicant for certification shall submit documentation to show equivalency, i.e. course description, outlines, etc., to the satisfaction of the Board. (2) Courses from providers located outside the State of Oregon may be acceptable as Qualifying Education and Continuing Education: (a) If the course has been pre-approved by the licensure/certification board of that state and the procedures of that state board for approving Qualifying Education are equivalent to those of the State of Oregon; (b) If the rules and procedures of the state of origin are not equivalent to those of the State of Oregon, the applicant may still submit the course for approval by the Board by submitting documentation to show equivalencies with OAR 161-020-0045 or OAR 161-020-0055, i.e. course description, outlines, etc.; (c) If the state where the course was taken allows Qualifying Education courses to have a duration of less than 15 hours, as required in Oregon, but at least 30 hours with an examination, then the Board shall determine whether or not the course content is acceptable, is substantially the same as approval for new courses, and will be reviewed on a case by case basis for as long as such need exists. The burden of proof remains with the applicant to demonstrate the equivalency of the course work. (3) For courses taken prior to the adoption of this program, the criteria for approval shall be based upon the requirements set forth in OAR 161-020-0045, i.e. course descriptions, outlines, etc. Statutory/Other Authority: ORS 674.305 & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 1-2024, amend filed 07/30/2024, effective 07/30/2024 ACLB 5-2014, f. 12-19-14, cert. ef. 1-1-15 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 3-2008, f. & cert. ef. 8-13-08 ACLB 1-1994, f. & cert. ef. 2-1-94
161-025-0000 State Certified General Appraiser A State Certified General Appraiser (SCGA) is authorized to perform appraisals for all types of real property. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 4-2005, f. & cert. ef. 11-2-05 ACLB 2-2004, f. 5-25-04, cert. ef. 6-1-04 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
161-025-0040 Advertising Practices A licensee advertising through any media may be identified as a state certified general appraiser, state certified residential appraiser or state licensed appraiser by listing the appropriate designated licensed or certified status and the appraiser’s license or certificate number. No advertising may be misleading in characterizing the category of licensure or certification possessed by a licensee. A registered appraiser assistant shall not make any representation, or advertise through any media in any manner , which may mislead the public into believing that the appraiser assistant is a licensee or is authorized to perform the functions of a licensee. Appraiser assistants must at all times clearly identify themselves as a registered appraiser assistant. For purposes of this section, “media” includes but is not limited to printed or electronic means such as periodicals (newspapers, magazines, newsletters, journals, etc.); brochures, flyers or solicitations; correspondence (letters or emails); websites; billboards; business cards; and directories, including all listings in telephone directories. 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 1-2007, f. & cert. ef. 2-9-07 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