reglab/housing_qa huggingface dataset:
OR Rev Stat § 696.255 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.255 - Nonresident license equivalent to appointment of commissioner as agent for service of process; service on commissioner; fee.

(1) The acceptance by a nonresident of a real estate license shall be considered equivalent to an appointment by the nonresident of the Real Estate Commissioner as the nonresident licensee’s true and lawful attorney, upon whom may be served any lawful summons, process or pleading in any action or suit against the nonresident licensee in any court of this state, arising out of any business done by the nonresident licensee as a real estate licensee in this state. The acceptance shall be considered equivalent to an agreement by the nonresident licensee that any summons, process or pleading so served shall be of the same legal force and validity as if served on the nonresident licensee personally in this state. (2) If it appears by the certificate of the sheriff of the county in which an action or suit has been filed against a nonresident licensee, that the defendant cannot be found in this state, service of any summons, process or pleading in the action or suit may be made by leaving a copy thereof, with a fee of $2, in the hands of the commissioner or in the commissioner’s office. Such service shall be sufficient and valid personal service upon the defendant; provided that: (a) Notice of the service and copy of the summons, process or pleading is sent forthwith by registered mail or by certified mail with return receipt by the plaintiff or the plaintiff’s attorney to the defendant, at the most recent address furnished to the commissioner by the nonresident licensee or to the nonresident licensee’s last-known address; and (b) The affidavit of the plaintiff or the plaintiff’s attorney of the mailing is appended to the summons, process or pleading and entered as a part of the return thereof. (3) Notwithstanding any other provision of this section, personal service outside of the state in accordance with the statutes relating to personal service of summons outside of the state shall relieve the plaintiff from the mailing requirement under this section. (4) Any summons served as provided in this section shall require the defendant to appear and answer the complaint within four weeks after receipt thereof by the commissioner. (5) The fee of $2 paid by the plaintiff to the commissioner shall be taxed as costs in favor of the plaintiff if the plaintiff prevails in the action. (6) The commissioner shall keep a record of each summons, process or pleading served upon the commissioner under this section, showing the day and hour of service. [1981 c.617 §12a; 1989 c.532 §9; 1991 c.249 §62]
OR Rev Stat § 696.265 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.265 - Recognition of nonresident real estate licensee; rules.

Notwithstanding ORS 696.040 to 696.232 and 696.255, the Real Estate Commissioner may prescribe by rule the terms and conditions for license recognition of a nonresident real estate broker or salesperson and for reciprocity agreements with other states and countries, including but not limited to application procedures, license qualifications, license maintenance, limitations on activities and license renewal requirements. [1989 c.532 §4; 1999 c.470 §3; 2001 c.300 §24] Note: 696.265 was added to and made a part of 696.010 to 696.495 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 696.270 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.270 - Fees.

The Real Estate Commissioner, with the approval of the Oregon Department of Administrative Services, shall prescribe the fees that the Real Estate Agency may charge for activities listed under this section, subject to the following maximum amounts: (1) For each licensing examination applied for, $75. (2) For each applicant for a real estate broker, principal real estate broker or licensed real estate property manager license: (a) Application for license, $300; and (b) Change of name, $10. (3) For each real estate broker, principal real estate broker or licensed real estate property manager licensee: (a) Renewal of active license or active limited license, $300; (b) Renewal of inactive license or inactive limited license, $150; (c) Late fee for renewal of active or inactive license charged in addition to the renewal fee, $150; (d) Change of name, $10; (e) Transfer of license between registered business names, $10; and (f) Reactivation of inactive license, $150. (4) For each registered business name: (a) Initial registration, $300; (b) Renewal of active registration, $50; and (c) Change of name, $300. (5) For initial registration of each branch office, $50. (6) For each temporary license issued under ORS 696.205: (a) Initial issuance, $150; and (b) Extension, $150. (7) For each continuing education provider certification: (a) Initial application, $300; and (b) Renewal, $50. [Amended by 1953 c.166 §5; 1955 c.457 §1; subsections (13), (14), (15) enacted as 1955 c.322 §3; 1957 c.383 §2; 1961 c.670 §1; 1965 c.617 §3; 1969 c.674 §15; 1971 c.293 §1; 1975 c.746 §20; 1977 c.191 §3; 1977 c.649 §52; 1981 c.566 §4; 1987 c.58 §13; 1987 c.158 §146; 1987 c.611 §20; 1989 c.724 §8; 1991 c.5 §39; 1991 c.462 §3; 1997 c.451 §1; 2001 c.300 §25; 2003 c.398 §10; 2005 c.116 §20; 2011 c.158 §15; 2017 c.193 §1] Note: Section 9, chapter 324, Oregon Laws 2009, provides: Sec. 9. Notwithstanding ORS 696.270, the Real Estate Agency may not charge a fee for the initial issuance of a principal real estate broker’s license to a sole practitioner who conducted professional real estate activity as a sole practitioner prior to January 1, 2010. [2009 c.324 §9]
OR Rev Stat § 696.280 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.280 - Records of licensed real estate property managers and real estate brokers; rules.

(1) A licensed real estate property manager or principal real estate broker shall maintain within this state, except as provided in subsection (6) of this section, complete and adequate records of all professional real estate activity conducted by or through the licensed real estate property manager or principal real estate broker. The Real Estate Agency shall specify by rule the records required to establish complete and adequate records of a licensed real estate property manager’s or principal real estate broker’s professional real estate activity. The only documents the agency may require by rule a licensed real estate property manager or principal real estate broker to use or generate are documents that are otherwise required by law or are voluntarily generated in the course of conducting professional real estate activity. (2) A real estate licensee shall maintain records of the licensee’s attendance in continuing education courses for a period of at least three years. The records of attendance must meet the requirements of ORS 696.174. (3) Records maintained under this section must at all times be open for inspection by the Real Estate Commissioner or the commissioner’s authorized representatives. (4) Except as provided in subsection (2) of this section, records under this section must be maintained by the real estate licensee for a period of not less than six years after the following date: (a) For a notice of clients’ trust account and authorization to examine under ORS 696.245, the date the account was closed; (b) For real estate transactions, the date a transaction closed or failed, whichever is later; (c) For management of rental real estate, the date on which the record expired, was superseded or terminated, or otherwise ceased to be in effect; and (d) For all other records, the date the record was created or received, whichever is later. (5) Records under this section may be maintained in any format that allows for inspection and copying by the commissioner or the commissioner’s representatives, as prescribed by rule of the agency. (6) The agency may prescribe by rule terms and conditions under which a licensed real estate property manager or principal real estate broker may maintain records outside this state. [Amended by 1977 c.649 §38; 1981 c.617 §12b; 1983 c.258 §7; 1983 c.359 §2; 1991 c.5 §40; 1995 c.335 §3; 2001 c.300 §26; 2005 c.116 §21; 2007 c.319 §9a; 2009 c.324 §7; 2009 c.502 §10; 2011 c.158 §8; 2017 c.234 §18]
OR Rev Stat § 696.292 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.292 - Limitation on demand for compensation.

An individual listed in ORS 696.030 may not make a demand for the compensation of a real estate licensee under ORS 696.290. [2017 c.234 §7] Note: 696.292 was added to and made a part of ORS chapter 696 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 696.294 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.294 - Opinion letter; rules.

(1) As used in this section, "letter opinion" means a document that expresses a real estate licensee’s conclusion regarding a recommended listing, selling or purchase price or a rental or lease consideration of certain real estate and that results from the licensee’s competitive market analysis. (2) The Real Estate Commissioner by rule shall specify the minimum contents of a letter opinion, including but not limited to the distinction between a letter opinion and a real estate appraisal. [2007 c.319 §3] Note: 696.294 was added to and made a part of 696.010 to 696.495 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 696.310 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.310 - Intracompany supervision and control.

(1) If two or more principal real estate brokers are associated with the same registered business name, the principal real estate brokers shall: (a) Execute one or more written supervisory agreements between them that: (A) Fully allocate the supervisory control and responsibility for the professional real estate activities of all real estate brokers associated with the registered business name; (B) Include a default allocation of supervisory control and responsibility for any real estate brokers who associate with the registered business name in the future or who are otherwise omitted from the written supervisory agreement; and (C) Include any supervisory control and responsibility of one principal real estate broker over another principal real estate broker; (b) Update the written supervisory agreement if the disassociation of a principal real estate broker occurs that affects the allocation of supervisory control or responsibility; and (c) Share equal supervisory control and responsibility for any professional real estate activity conducted by real estate brokers associated with the registered business name that is not otherwise covered by the written supervisory agreement. (2) If a licensed real estate property manager is associated with the same registered business name as any combination of licensed real estate property managers and principal real estate brokers, the licensed real estate property managers and principal real estate brokers shall: (a) Execute one or more written supervisory agreements between them that: (A) Fully allocates supervisory control and responsibility for management of rental real estate conducted by all principal real estate brokers and licensed real estate property managers associated with the registered business name; and (B) Includes any arrangement for supervisory control and responsibility over the management of rental real estate conducted by the licensed real estate property managers and principal real estate brokers; (b) Update the written supervisory agreement if another licensed real estate property manager or principal real estate broker associates with the registered business name; and (c) Update the written supervisory agreement if the disassociation of a licensed real estate property manager or principal real estate broker occurs that affects the allocation of supervisory control or responsibility over management of rental real estate. (3) Licensed real estate property managers and principal real estate brokers who do not exercise administrative or supervisory control over one another are each responsible for their own management of rental real estate. [Amended by 1977 c.649 §42; 1981 c.617 §15; 2001 c.300 §31; 2017 c.234 §21]
OR Rev Stat § 696.315 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.315 - Prohibition against licensee permitting nonlicensed individual to engage in activity with or on behalf of licensee; exception.

(1) Except as provided in subsection (2) of this section, a real estate licensee may not knowingly permit a nonlicensed individual to engage in professional real estate activity, with or on behalf of the licensee. (2)(a) A principal real estate broker engaging in the management of rental real estate or a licensed real estate property manager may delegate to a person who is not licensed under this chapter the authority to conduct an activity described in ORS 696.030 (9). A delegation made under this paragraph must be in writing. (b) The principal real estate broker or licensed real estate property manager is liable for the conduct of the nonlicensed person that the principal real estate broker or licensed real estate property manager authorizes under paragraph (a) of this subsection. [1977 c.649 §7; 1981 c.617 §15a; 2007 c.319 §11; 2013 c.145 §6]
OR Rev Stat § 696.320 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.320 - Effect of suspension or revocation of principal broker license on associated licensees.

The suspension or revocation of a principal real estate broker’s license renders inactive every license of the real estate brokers engaged by the principal real estate broker pending a transfer of the license. The Real Estate Agency shall transfer a license rendered inactive under this section if the real estate licensee requests a transfer within 30 days after the effective date of the suspension or revocation of the principal real estate broker’s license and pays a transfer fee. [Amended by 1969 c.674 §18; 1975 c.746 §24; 1977 c.649 §43; 1981 c.617 §15b; 1989 c.724 §10; 2001 c.300 §32; 2005 c.116 §9]
OR Rev Stat § 696.323 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.323 - Effect of violations by real estate licensee on associated licensees; contested case hearing.

(1) A violation of a provision of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 or 696.890, or a rule adopted pursuant to those sections, by a real estate licensee is not cause for the suspension or revocation of the license of another real estate licensee who is associated with the real estate licensee who committed the violation unless the Real Estate Commissioner, in the commissioner’s discretion, determines that the associated real estate licensee had knowledge of the violation by the real estate licensee. (2) For purposes of a contested case hearing under ORS chapter 183, a persistent course of dealing by the real estate licensee who violated a provision of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 or 696.890, or a rule adopted pursuant to those sections, constitutes prima facie evidence that an associated real estate licensee had knowledge of the violation by the real estate licensee. [2017 c.234 §2] Note: 696.323 was added to and made a part of ORS chapter 696 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 696.363 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.363 - Relationship between licensees as independent contractors or employer and employee.

Nothing contained in ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870, 696.990 and 696.995 prevents the establishment of an independent contractor relationship between real estate licensees or requires the establishment of an employer-employee relationship. [1981 c.617 §40]
OR Rev Stat § 696.365 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.365 - City or county business license tax.

(1) A city or county may not impose a business license tax on or collect a business license tax from an individual licensed as a real estate broker who engages in professional real estate activity only as an agent of a principal real estate broker. (2) As used in this section, "business license tax" has the meaning given that term in ORS 701.015. [1987 c.581 §4; 2001 c.300 §78; 2007 c.319 §12] Note: 696.365 was added to and made a part of ORS 696.010 to 696.495 but was not added to any smaller series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 696.375 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.375 - Real Estate Agency; Real Estate Commissioner; confirmation, salary and security of commissioner.

(1) The Real Estate Agency is established. (2) The Real Estate Agency shall be under the supervision and control of an administrator who shall be known as the Real Estate Commissioner. The Governor shall appoint the Real Estate Commissioner who shall have been, before the date of appointment, for five years a real estate broker or principal real estate broker actively engaged in business as such in this state. The Governor also may appoint an individual who has been actively connected with the administration of the agency for at least one year as acting or temporary commissioner. The commissioner shall hold office at the pleasure of the Governor and shall be responsible for the performance of the duties imposed upon the agency. The Real Estate Commissioner shall receive such salary as may be provided by law. (3) The appointment of the commissioner is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565. (4) Before entering upon the duties of office the commissioner shall give to the state a fidelity bond with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, in either case in the sum fixed by the Governor. The premium for the bond or the fee for the letter of credit shall be paid by the agency. [1963 c.580 §§40,41; 1974 c.25 §1; 1975 c.746 §25; 1987 c.414 §38; 1991 c.331 §104; 1995 c.674 §1; 1997 c.631 §523; 2001 c.300 §34; 2007 c.319 §13]
OR Rev Stat § 696.385 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.385 - Power of agency; rulemaking procedures.

The Real Estate Agency shall have the power to: (1) Adopt a seal by which it shall authenticate its proceedings. (2) From time to time, circulate among the real estate licensees of Oregon any material that the agency may deem helpful or educational or proper for the guidance and welfare of the real estate licensees. (3) Make and enforce rules as necessary to administer and enforce the provisions of, and enforce and discharge the duties defined in, any law with the administration or enforcement of which the agency is charged. (4) Except as provided in subsection (5) of this section, when the agency proposes to adopt, amend or repeal a rule concerning real estate licensees, the agency shall: (a) Submit a copy of the proposed rule to the Real Estate Board at least 10 days prior to publication of the notice of intended action required under ORS 183.335 for the rule. (b) Consider any recommendations that the board, by majority vote, makes concerning the proposed rule. (c) Publish as part of the statement of need in the matters any written comments submitted by the board for publication under paragraph (b) of this subsection. (5) Subsection (4) of this section does not apply to a temporary rule that is adopted, amended or suspended pursuant to ORS 183.335 (5). However, the agency shall submit to the board a copy of any proposed temporary rule as soon as practicable and, to the extent possible under the circumstances, consider any recommendations that the board may make by majority vote regarding the temporary rule. [1963 c.580 §48; 1965 c.617 §5; 1981 c.617 §16; 1985 c.565 §116; 2013 c.145 §14; 2017 c.234 §22]
OR Rev Stat § 696.392 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.392 - Power of commissioner to administer oaths, take depositions and issue subpoenas.

(1) The Real Estate Commissioner may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, memoranda or other information necessary to the carrying out of the laws the commissioner is charged with administering. (2) If any person fails to comply with a subpoena issued under this section or refuses to testify on any matters on which the person may be lawfully interrogated, the procedure provided in ORS 183.440 shall be followed to compel obedience. [1995 c.217 §13]
OR Rev Stat § 696.395 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.395 - Power of commissioner.

The Real Estate Commissioner shall have the power to: (1) For the purpose of administration, organize and reorganize, as necessary, the Real Estate Agency in the manner that the commissioner deems necessary to properly conduct the work of the agency. (2) Appoint all subordinate officers and employees of the agency, or such other agents or representatives, and prescribe their duties and fix their compensation, subject to the applicable provisions of the State Personnel Relations Law. Subject to any other applicable law regulating travel expenses, the officers, employees, agents or representatives of the agency shall be allowed such reasonable and necessary travel and other expenses as may be incurred in the performance of their duties. (3) Require a fidelity bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 of any officer or employee of the agency who has charge of, handles or has access to any state money or property, and who is not otherwise required by law to give a bond or letter of credit. The amounts of the bonds or letters of credit shall be fixed by the commissioner, except as otherwise provided by law, and the sureties or letter of credit issuers shall be approved by the commissioner. The agency shall pay the premium on the bonds and the fees for the letters of credit. [1963 c.580 §42; 1977 c.649 §45; 1987 c.414 §38a; 1991 c.331 §105; 1997 c.631 §524]