justicedao/ipfs_state_laws huggingface dataset:
863-001-0006 Hearing Notices and Postponements (1) A notice of intent is properly served by the Real Estate Agency when delivered personally or deposited in the United States mail, registered or certified mail, addressed to the real estate licensee or to any other person having an interest in a proceeding before the Commissioner at the licensee’s or other person’s last known address of record with the Agency. All other notices are properly served by the Agency when delivered personally or deposited in the United States mail, regular mail, to the addressee’s last known address of record with the Agency. (2) The Commissioner or Agency may grant a postponement of a hearing at the request of a party to the hearing if: (a) The request is made not later than six business days prior to the date of the hearing. “Business days” are days on which the office of the Agency is regularly open for the transaction of business; and (b) The party has shown good cause in the request for not attending the hearing as scheduled. “Good cause” exists if the circumstances causing the request are beyond the reasonable control of the requesting party and the failure to grant the postponement would result in undue hardship to the requesting party. Statutory/Other Authority: ORS 183 & 696 Statutes/Other Implemented: ORS 183.415 History: REA 2-2018, minor correction filed 01/05/2018, effective 01/05/2018 REA 1-1987, f. 12-3-87, ef. 1-1-88 REC 2-1984, f. & ef. 6-18-84
863-001-0007 Refunds and Charges (1) The Real Estate Agency shall not refund fees, civil penalties or other moneys overpaid by an amount of $15 or less unless such repayment is requested in writing by the payor within one year after the date of the overpayment. (2) If the Agency receives payment of any fees by check or electronic funds transfer and the payment is returned to the Agency as an NSF or invalid account, the payor of the fees will be assessed a charge of $25 in addition to the required payment of the fees. Statutory/Other Authority: ORS 181, 183, 293 & 696 Statutes/Other Implemented: ORS 293.445(4) History: REA 1-2017, amend filed 11/17/2017, effective 01/01/2018 REA 3-2004, f. 4-28-04 cert. ef. 5-3-04 REA 1-1997, f. 4-28-97, cert. ef. 5-5-97 REA 3-1990, f. 12-13-90, cert. ef. 2-1-90
863-001-0010 Public Records (1) Pursuant to ORS 192.430 and 192.440, the Commissioner shall charge the following fees for certification or copying of any public records in the Commissioner’s custody and not otherwise exempt from disclosure: (a) For each certification containing five pages or less, $5; (b) For each page of a certified document in excess of five pages, 25¢ per page; (c) For uncertified copies: (A) From one to 10 pages are free, from 11 to 20 pages are a flat fee of $5 and any pages in excess of 20 are 25¢ per page; or (B) $15 per hour or any portion of an hour plus 3¢ per page; or (C) In the case of extraordinarily large copy requests, the total actual cost of providing a temporary employee to complete the request (Usual minimum of four hours), plus 3¢ per page. (d) All charges for both certified and uncertified copies, except those sent by facsimile, must be paid for prior to delivery of the copies to the person requesting the copies; (e) For copies to be sent by facsimile (fax), $5 for the first three pages (not including the fax cover sheet and the billing sheet) and 50¢ for each additional page over three. Costs will be billed to the person requesting the copies on a billing sheet which will be sent by facsimile with the requested copies. (2) In addition to the charges prescribed in section (1) of this rule, may charge an amount, as determined reasonable by the Commissioner, to reimburse the Real Estate Agency for the actual cost of making the records available. (3) The Commissioner shall make all public records of the Agency, not otherwise exempt from disclosure by law, available for inspection and copying during regular business hours of the Agency. (4) Service will be delivered on the basis of first-come, first-served. Walk-in customers or customers with large requests may be asked to make their requests in writing for later mail delivery as workload priorities permit. (5) Access to investigation files which are scheduled for a hearing shall be governed by the Public Records Law. Requests to review such a file or to obtain copies from such a file must be in writing and received by the Agency not later than ten working days prior to the scheduled date of the hearing. The review appointment or the requested copies must be provided not later than five working days prior to the scheduled date of the hearing. (6) May condition the time and manner of inspection or copying as necessary under the circumstances to protect the records and to prevent interference with the regular discharge of the duties of the Agency, its officers and employees. Statutory/Other Authority: ORS 183.355, 192 & 696.385 Statutes/Other Implemented: ORS 192.430 & 192.440 History: REA 3-2018, minor correction filed 01/05/2018, effective 01/05/2018 REA 4-1992, f. 6-25-92, cert. ef. 7-1-92 REC 1-1982, f. & ef. 2-3-82
863-003-0000 Purpose These rules control the Real Estate Agency's acquisition of information about a subject individual's criminal history through criminal records checks or other means and the use of that information to determine whether the subject individual is fit to provide services to the Agency as an employee, volunteer, contractor, or vendor.The fact that the Agency determines that a subject individual is fit does not guarantee the individual a position as an Agency employee, volunteer, contractor, or vendor or that the individual will be hired by the Agency. Statutory/Other Authority: 696.385, 696.790 & ORS 181A.195 Statutes/Other Implemented: 696.790 & ORS 181A.195 History: REA 35-2018, amend filed 10/09/2018, effective 10/31/2018 REA 9-2014, f. 4-14-14, cert. ef. 4-28-14
863-003-0010 Subject Individual "Subject Individual" means an individual who is required to complete a criminal records check pursuant to these rules and from whom the Agency may require fingerprints for the purpose of conducting a criminal records check because the person: (1)(a) Is employed by or applying for employment with the Agency; or (b) Provides services or seeks to provide services to the Agency as a volunteer, contractor, or vendor; and (2) Is, or will be, working or providing services in a position in which the subject individual: (a) Is providing information technology services and has control over, or access to, information technology systems that would allow the individual to harm the information technology systems or the information contained in the systems; (b) Has access to information that state or federal laws, rules or regulations prohibit disclosing or define as confidential; (c) Has payroll functions; (d) Has responsibility for receiving, receipting, or depositing money or negotiable instruments; (e) Has responsibility for billing, collections, or other financial transactions; (f) Has responsibility for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state; (g) Has mailroom duties as a primary duty or job function; (h) Has personnel or human resources functions as a primary responsibility; (i) Has access to Social Security numbers, dates of birth, or criminal background information of employees or members of the public; or (j) Has access to tax or financial information about individuals or business entities. Statutory/Other Authority: ORS 696.385, ORS 696.790 & ORS 181A.195 Statutes/Other Implemented: ORS 696.790 & ORS 181A.195 History: REA 35-2018, amend filed 10/09/2018, effective 10/31/2018 REA 9-2014, f. 4-14-14, cert. ef. 4-28-14
863-003-0020 Criminal Records Check Process (1) (a) A subject individual shall complete an Agency criminal records request and a fingerprint capture. The information may include, but is not limited to: legal name and aliases, date of birth, address and recent residency information, driver license or identification card information, type of work or service being performed, disclosure of criminal history (all arrests, charges, convictions, and offenses), social security number, and any other information deemed necessary by the Agency. (b) A subject individual must complete and submit to the Agency the Criminal Records Request form and, if requested, a fingerprint card within three business days of receiving the forms. The Agency may extend the deadline for good cause. (c) The Agency may require additional information from the subject individual as necessary to complete the criminal records check and fitness determination, such as, but not limited to, proof of identity, or additional criminal, judicial, or other background information. (d) The Agency shall not request a fingerprint capture from a subject individual under the age of 18 years unless the subject individual is emancipated pursuant to ORS 419B.550 et seq, or unless the Agency also requests the written consent of a parent or guardian. In such case, such parent or guardian and youth must be informed that they are not required to consent. Notwithstanding, failure to consent may be construed as a refusal to consent. (2) When a Criminal Records Check is Conducted. The Agency may conduct, or request the Oregon Deparment of State Police conduct, a criminal records check when: (a) An individual meets the definition of "subject individual"; or (b) Required by federal law or regulation, by state law or administrative rule, or by contract or written agreement with the Agency. (3) Which Criminal Record Check is Conducted. When the Agency determines under section (2) of this rule that a criminal record check is needed, the Agency may request or conduct a LEDS Computerized Criminal Record Check, an Oregon State Criminal Record Check, a Nationwide Criminal Record Check, or any combination thereof. Statutory/Other Authority: ORS 696.385, ORS 696.790 & ORS 181A.195 Statutes/Other Implemented: ORS 696.790 & ORS 181A.195 History: REA 35-2018, amend filed 10/09/2018, effective 10/31/2018 REA 9-2014, f. 4-14-14, cert. ef. 4-28-14
863-003-0030 Preliminary Fitness Determination (1) The Agency may conduct a preliminary fitness determination if the Agency is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination. (2) If the Agency elects to make a preliminary fitness determination about a subject individual, pending a final fitness determination, the Agency shall make a preliminary fitness determination about a subject individual based on information disclosed by the subject individual under OAR 863-003-0020, and a LEDS Computerized Criminal History Check. (3) The Agency shall approve a subject individual as fit on a preliminary basis if the authorized designee has no reason to believe the subject individual has made a false statement and the information available to the Agency does not disclose that the subject individual : (a) Pled nolo contendere (or no contest) to, was convicted of , was found guilty except for insanity (or comparable disposition ) of, or has a pending indictment for a crime listed under OAR 863-003-0060 ; (b) Is being investigated for, has an outstanding warrant for, or has been charged with a crime listed under OAR 863-003-0060; (c) Is currently on probation, parole , or any form of post-prison supervision for a crime listed OAR 863-003-0060; (d) Has a deferred sentence or conditional discharge in connection with a crime listed under OAR 863-003-0060 ; or ( e) Has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed in OAR 863-003-0060 if committed by an adult. (4) If the information available to the Agency discloses one or more of the circumstances identified in section (3), the Agency may approve a subject individual for hiring or appointment on a preliminary basis if the Agency concludes, after evaluating all available information and considering the factors in OAR 863-003-0050(1), that hiring or appointing the subject individual on a preliminary basis does not pose any risk of harm to the Agency, its client entities, the State, or members of the public. (5) If a subject individual is either approved or denied on the basis of a preliminary fitness determination, the Agency shall conduct a final fitness determination under OAR 863-003-0050(1). (6) A subject individual may not appeal a preliminary fitness determination. Statutory/Other Authority: ORS 181A.195, ORS 696.790 & 696.385 Statutes/Other Implemented: ORS 181A.195 & ORS 696.790 History: REA 35-2018, adopt filed 10/09/2018, effective 10/31/2018
863-003-0040 Hiring or Appointing on a Preliminary Basis (1) The Agency may hire or appoint a subject individual on a preliminary basis if the Agency has approved the subject individual on the basis of a preliminary fitness determination under OAR 863- 003 -0030. (2) A subject individual hired or appointed on a preliminary basis under this rule may participate in training, orientation, or work activities as assigned by the Agency. (3) A subject individual hired or appointed on a preliminary basis is deemed to be on trial service. Statutory/Other Authority: ORS 696.385, ORS 696.790 & ORS 181A.195 Statutes/Other Implemented: ORS 696.790 & ORS 181A.195 History: REA 35-2018, amend filed 10/09/2018, effective 10/31/2018 REA 9-2014, f. 4-14-14, cert. ef. 4-28-14
863-003-0060 Crimes Relevant to a Criminal Background Fitness Determination (1) A conviction of any of the following crimes or offenses is potentially disqualifying, unless otherwise provided by law. (a) All felonies . (b) All misdemeanors . (c) Any U.S. military crime or international crime . (2) The Agency shall evaluate a crime or offense on the basis of the laws of the jurisdiction in which the crime or offense occurred . (3) The following are examples of crimes likely to result in denial unless there are significant mitigating circumstances ; ( a) ORS 163.095, Aggravated murder; (b) ORS 163.115, Murder; (c) ORS 163.375, Rape I; (d) ORS 163.405, Sodomy I; (e) ORS 163.411, Unlawful sexual penetration I; (f) ORS 163.427, Sexual abuse I (4) Under no circumstances shall a subject individual be denied under these rules because of a juvenile record that has been expunged or set aside pursuant to ORS 419A.260 to 419A.262. (5) Under no circumstances shall a subject individual be denied under these rules due to the existence or contents of an adult record that has been set aside pursuant to ORS 137.225. (6) Examples of other criminal offender information that may be potentially disqualifying may include; (a) Sex offender registration, (b) Conditions of parole, probation, or diversion program, or (c) Unresolved arrest, charge, pending indictment, or outstanding warrant. Statutory/Other Authority: ORS 696.385, ORS 696.790 & ORS 181A.195 Statutes/Other Implemented: ORS 696.790 & ORS 181A.195 History: REA 35-2018, amend filed 10/09/2018, effective 10/31/2018 REA 9-2014, f. 4-14-14, cert. ef. 4-28-14
863-003-0100 Recordkeeping and Confidentiality (1) Criminal offender information obtained in the criminal records check is confidential. The Agency must restrict the dissemination of information obtained in the criminal records check. Only persons identified by the Agency with a demonstrated and legitimate need to know the information may have access to the criminal records check records. (2) If a fingerprint-based criminal records check was conducted on a subject individual, the Agency shall permit that subject individual to inspect the state and federal criminal offender information, unless prohibited by state or federal law and only to the extent required by the terms of Public law. (3) Sharing information. Final fitness determination results may be shared with other authorized agencies that have already made a fitness determination for the subject individual once they have received a request pursuant to ORS 181A.195(10)(c)(A). Statutory/Other Authority: ORS 696.385, ORS 696.790 & ORS 181A.195 Statutes/Other Implemented: ORS 696.790 & ORS 181A.195 History: REA 35-2018, amend filed 10/09/2018, effective 10/31/2018 REA 9-2014, f. 4-14-14, cert. ef. 4-28-14
863-003-0110 Fees (1) The Agency may charge a fee, not to exceed the actual cost to the Agency, for acquiring and furnishing criminal offender information, including re-evaluations of criminal background determinations. (2) The Agency may charge the fee to the subject individual on whom criminal offender information is sought or, if the subject individual is an employee of an Agency contractor or vendor and is undergoing a fitness determination in that capacity, the Agency may charge the fee to the subject individual's employer. Statutory/Other Authority: ORS 696.385, ORS 696.790 & ORS 181A.195 Statutes/Other Implemented: ORS 696.790 & ORS 181A.195 History: REA 35-2018, amend filed 10/09/2018, effective 10/31/2018 REA 9-2014, f. 4-14-14, cert. ef. 4-28-14
863-005-0000 Purpose These rules control the Real Estate Agency’s acquisition of information about a subject individual’s criminal history through criminal records checks or other means and its use of that information to determine whether the subject individual is trustworthy and competent to hold a real estate license or registration. The criminal background check is only one portion of the approval process required to obtain a license or registration. Statutory/Other Authority: ORS 181.534, 696.022, 696.301 & 696.790 Statutes/Other Implemented: ORS 181.534 History: REA 5-2018, minor correction filed 01/05/2018, effective 01/05/2018 REA 3-2008, f. 6-12-08, cert. ef. 7-1-08
863-005-0010 Criminal Records Check Process (1) A subject individual shall complete and sign an Agency background check application and an applicant fingerprint card approved by the Agency. (2) Within a reasonable period of time, a subject individual shall provide additional information as requested by the agency to resolve any issue hindering the completion of a criminal records check. (3) An authorized designee shall request that the Oregon Department of State Police conduct a criminal records check for all new licensee and registrant applications. (4) An authorized designee may request that the Oregon Department of State Police conduct a criminal background records check for licensee and registrant renewal applications when there is reason to believe that: (a) A subject individual committed a crime listed in OAR 863-005-0030; or (b) A factor relevant to a criminal background fitness determination listed in OAR 863-005-0020 was not previously identified. (5) When an authorized designee requires a criminal record check to be performed under section (3) or (4) of this rule, an authorized designee shall request that the Oregon Department of State Police conduct Oregon and nationwide criminal records checks through fingerprint identification. The authorized designee may also perform a Law Enforcement Data System (LEDS) criminal records check as part of any criminal background fitness determination conducted in regard to a subject individual. Statutory/Other Authority: ORS 181.534, 696.022 & 696.790 Statutes/Other Implemented: ORS 181.534 History: REA 7-2018, minor correction filed 01/05/2018, effective 01/05/2018 REA 3-2008, f. 6-12-08, cert. ef. 7-1-08
863-005-0040 Incomplete Criminal Background Application The Agency will close an incomplete criminal background application and terminate a criminal background fitness determination without issuing a decision when: (1) The subject individual submits a written request to withdraw a criminal background application for a new license or registration, or license or registration renewal, or otherwise requests the Agency to terminate a criminal records check; (2) The subject individual does not provide the Agency all of the materials and information required under OAR 863-005-0010 within a reasonable period of time; (3) A subject individual does not respond to an authorized designee’s request for additional information within a reasonable period of time; or (4) The subject individual fails or refuses to cooperate with an authorized designee’s attempts to acquire other criminal records information under OAR 863-005-0020. Statutory/Other Authority: ORS 181.534, 696.022 & 696.790 Statutes/Other Implemented: ORS 181.534 History: REA 8-2018, minor correction filed 01/05/2018, effective 01/05/2018 REA 3-2008, f. 6-12-08, cert. ef. 7-1-08
863-005-0050 Notice to Subject Individual of Incomplete Criminal Background Application (1) When an authorized designee proposes to close an incomplete criminal background application and terminate a criminal background fitness determination without issuing a decision the authorized designee must: (a) Provide written notice to the subject individual within 14 calendar days of a decision to terminate the subject individual’s criminal background fitness determination due to incompleteness; (b) State the reason the subject individual’s criminal background fitness determination application was found to be incomplete; and (c) Record on the notice the date the criminal background fitness determination application was terminated and closed due to incompleteness. (2) A subject individual that receives notice that the Agency intends to terminate a criminal background fitness determination due to incompleteness may submit a written request to the Agency requesting the Agency to continue the fitness determination process. A subject individual’s written request to continue the criminal background fitness determination process must be received by the Agency within 30 days of the date of the original notice of termination. The request must include all information previously requested by the Agency but not provided by the subject individual. If a subject individual fails to submit a written request to continue a fitness determination process within 30 days of receiving the notice described in section (1) of this rule, the subject individual shall be required to submit a new background check application, fingerprint card and fee. Statutory/Other Authority: ORS 181.534, 696.022 & 696.790 Statutes/Other Implemented: ORS 181.534 History: REA 5-2025, amend filed 12/22/2025, effective 01/01/2026 REA 9-2018, minor correction filed 01/05/2018, effective 01/05/2018 REA 3-2008, f. 6-12-08, cert. ef. 7-1-08
863-005-0060 Notice to Subject Individual of Criminal Background Fitness Determination (1) An authorized designee must provide written notice to a subject individual that the Agency has completed a requested criminal background fitness determination. (a) The notice must state the date the Agency completed the criminal background fitness determination and the Agency’s decision to approve or deny a criminal background fitness determination application. (b) If the Agency denies a criminal background fitness determination, the notice must state the reason for the denial based on the factors described in OAR 863-005-0020(5). (2) The Agency must send the notice of a criminal background fitness determination no later than 14 calendar days after the date the Agency has completed a criminal background fitness determination. Statutory/Other Authority: ORS 181.534, 696.022 & 696.790 Statutes/Other Implemented: ORS 181.534 History: REA 5-2025, amend filed 12/22/2025, effective 01/01/2026 REA 10-2018, minor correction filed 01/05/2018, effective 01/05/2018 REA 3-2008, f. 6-12-08, cert. ef. 7-1-08