reglab/housing_qa huggingface dataset:
OR Rev Stat § 696.396 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.396 - Investigation of complaints and progressive discipline; rules.

(1) The Real Estate Commissioner shall provide by rule for the progressive discipline of real estate licensees and an objective method for investigation of complaints alleging grounds for discipline under ORS 696.301. (2) The rules adopted by the commissioner under this section: (a) Must establish procedures for the discovery of material facts relevant to an investigation and for the reporting of those facts without conclusions of violation or grounds for discipline to the commissioner or the commissioner’s designee by the individual assigned to investigate the complaint. (b) Must provide for progressive discipline designed and implemented to correct inappropriate behavior. (c) May not authorize imposition of a suspension or a revocation of a real estate license unless the material facts establish a violation of a ground for discipline under ORS 696.301 that: (A) Results in significant damage or injury; (B) Exhibits incompetence in the performance of professional real estate activity; (C) Exhibits dishonesty or fraudulent conduct; or (D) Repeats conduct or an act that is substantially similar to conduct or an act for which the real estate licensee was disciplined previously. [2005 c.393 §5]
OR Rev Stat § 696.397 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.397 - Cease and desist order.

(1) If the Real Estate Agency has reason to believe that a person has engaged, is engaging or is about to engage in a violation of ORS 696.020 (2) or 696.603 (1), the agency may, subject to ORS chapter 183, issue an order directing the person to cease and desist from the violation or threatened violation. (2) A cease and desist order issued under subsection (1) of this section must include: (a) A statement of the facts constituting the violation. (b) A provision requiring the person named in the order to cease and desist from the violation. (c) The effective date of the order. (d) A notice to the person named in the order of the right to a contested case hearing under ORS chapter 183. (3) A cease and desist order issued under subsection (1) of this section becomes effective 30 days after the date of the order unless the person named in the order requests a hearing on the order. (4) A final cease and desist order issued under subsection (1) of this section may be recorded in the County Clerk Lien Record in the manner provided by ORS 205.125 and enforced in the manner provided by ORS 205.126. After the order is recorded, and subject to any other requirements that may apply to the enforcement remedy sought by the agency, the agency may commence proceedings for the enforcement of the order in the same manner as provided for the enforcement of judgments issued by a court, including contempt proceedings. (5) The Attorney General, the prosecuting attorney of any county or the agency, in its own name, may maintain an action for an injunction in a court of competent jurisdiction against a person violating ORS 696.020 (2), 696.511 (1) or 696.603 (1). An injunction may be issued without proof of actual damage sustained by any person. An injunction does not relieve a person from criminal prosecution for violation of this section or from any other civil, criminal or disciplinary remedy. [2011 c.557 §1] Note: 696.397 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 696 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 696.398 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.398 - Delegation by commissioner to employees; requirements.

(1) The Real Estate Commissioner may delegate to any of the officers and employees of the Real Estate Agency to exercise or discharge in the commissioner’s name any power, duty or function vested in or imposed upon the commissioner under this chapter. The power to administer oaths and affirmations, subpoena witnesses, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records, and to sign notices and orders may be exercised by an officer or employee of the agency only when specified in writing by the commissioner and filed in the records of the Real Estate Agency. (2) An official act of an individual acting in the commissioner’s name and by authority of the commissioner shall be deemed to be an official act of the commissioner. [1975 c.746 §26; 2007 c.319 §14]
OR Rev Stat § 696.405 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.405 - Real Estate Board; appointment; term; qualifications; compensation; expenses.

(1) The Real Estate Board is established within the Real Estate Agency. The board shall consist of nine members appointed by the Governor to hold office for a period of four years, but to serve at the pleasure of the Governor. Seven members of the board appointed by the Governor must have been, before the date of their appointment, real estate licensees actively engaged for five years in professional real estate activity in this state. Two members to be appointed by the Governor shall not be real estate licensees or have been connected with, or employed by, the Real Estate Agency or a predecessor thereof. In case of a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. (2) A member of the board is entitled to compensation or expenses as provided in ORS 292.495. [1963 c.580 §43; 1969 c.314 §97; 1975 c.746 §27; 1977 c.649 §46; 1981 c.617 §17; 1987 c.414 §39; 1993 c.744 §250]
OR Rev Stat § 696.415 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.415 - Officers; meetings; quorum.

(1) The Real Estate Board shall annually select one of its members as chairperson, who shall preside at the meetings of the board. In the absence of the chairperson some other member of the board may serve as chairperson. The board shall meet at such times and places as determined by the board and may also meet upon call of the chairperson. (2) A majority of the board shall constitute a quorum for the transaction of business. A vacancy on the board shall not impair the right of the remaining members to perform all the duties and exercise all the functions and authority of the board. [1963 c.580 §45]
OR Rev Stat § 696.425 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.425 - Powers and duties of board; expenses.

(1) The Real Estate Board is authorized to inquire into the needs of the real estate licensees of Oregon, the functions of the Real Estate Agency and the matter of the business policy thereof, to confer with and advise the Governor as to how the agency may best serve the state and the licensees, and to make recommendations and suggestions of policy to the agency as the board may deem beneficial and proper for the welfare and progress of the licensees and of the public and of the real estate business in Oregon. (2) The board shall make recommendations to the agency about the manner and methods for conducting examinations. (3) The board shall create or approve a real estate continuing education course for real estate licensees based on recent changes in real estate rule and law. (4) The expenses of the board shall be paid from moneys available to the agency for payment of administrative expenses relating to the real estate activities of the agency. [1963 c.580 §46; 1969 c.674 §19; 1977 c.649 §47; 1981 c.617 §18; 1987 c.414 §39a; 1993 c.744 §179; 2009 c.502 §8; 2013 c.145 §15]
OR Rev Stat § 696.430 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.430 - Records of commissioner as evidence; records open to inspection; rules.

Copies of all records and papers in the office of the Real Estate Commissioner duly certified and authenticated by the seal of the commissioner shall be received in evidence in all courts equally and with like effect as the original. Except for records of open investigations, all records kept in the office of the commissioner under authority of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 and 696.995 shall be open to public inspection under such reasonable rules and regulations as shall be prescribed by the commissioner. [Amended by 2001 c.300 §35]
OR Rev Stat § 696.445 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.445 - Advancement of education and research; Oregon Real Estate News Journal; content as to disciplinary actions.

(1) Pursuant to ORS 696.385 (2), the Real Estate Agency shall provide for the advancement of education and research in connection with the educational requirements for the securing of licenses for real estate licensees under ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 and 696.995. (2) The Real Estate Commissioner may assign and reassign staff in the agency to perform such duties as the commissioner considers necessary to carry out subsection (1) of this section, including but not limited to the preparation and distribution of a periodic publication to be known as the Oregon Real Estate News Journal and the preparation and publication of other printed or electronic information of an educational nature for the benefit of real estate licensees. (3) The commissioner shall publish in the Oregon Real Estate News Journal the names and the city and state of: (a) Real estate and escrow agent licensees who have been reprimanded; (b) Real estate and escrow agent licensees whose licenses have been suspended or revoked; and (c) Real estate and escrow agent licensees against whom the agency has assessed civil penalties. (4) Each publication under subsection (3) of this section must include: (a) A brief description of the situation involved and the grounds for the commissioner’s action; or (b) The complete final order issued by the agency. [1974 c.26 §5; 1975 c.746 §28; 1977 c.649 §48; 1981 c.617 §19; 1983 c.258 §8; 2001 c.300 §64; 2009 c.224 §6; 2013 c.145 §16]
OR Rev Stat § 696.490 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.490 - Real Estate Account; disposition of receipts.

(1) There is established in the General Fund of the State Treasury the Real Estate Account. All moneys, fees and charges collected or received by the Real Estate Agency shall be deposited in the account. (2) The moneys in the Real Estate Account are continuously appropriated for the payment of the expenses of the agency in carrying out the provisions of ORS 92.305 to 92.495, 94.803, 94.807 to 94.945, 100.005 to 100.910, 100.990, 696.010 to 696.785, 696.800 to 696.870 and 696.995. [Amended by 1955 c.457 §2; 1961 c.309 §4; 1963 c.440 §16; 1963 c.580 §50; 1965 c.617 §7; 1971 c.293 §2; 1974 c.26 §1; 1977 c.41 §2; 1981 c.85 §11; 1983 c.17 §30; 1983 c.530 §53; 1985 c.565 §117]
OR Rev Stat § 696.495 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.495 - Revolving fund; amount; use; procedure for repayment.

(1) Upon written request by the Real Estate Agency, the Oregon Department of Administrative Services shall draw a warrant on the Real Estate Account, established by ORS 696.490, for use as a revolving fund. Warrants drawn to establish or increase the revolving fund, rather than to reimburse the revolving fund, may not exceed the aggregate sum of $1,500. The State Treasurer shall hold the revolving fund in a special account against which the Real Estate Agency may draw checks. (2) The Real Estate Agency may use the revolving fund for the purpose of paying witness fees and other administrative expenses. (3) All claims for reimbursement of moneys paid from the revolving fund are subject to approval by the Director of the Oregon Department of Administrative Services and by the Real Estate Commissioner. When such claims have been approved, a warrant covering them shall be drawn in favor of the Real Estate Agency and used to reimburse the revolving fund. Such warrants shall be charged against the Real Estate Account established by ORS 696.490. [1974 c.26 §3; 1977 c.41 §3]
OR Rev Stat § 696.508 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.508 - Legislative finding; short title.

(1) The Legislative Assembly finds the activity of escrow agents in handling large sums of money and important rights of clients to be of public concern. In order to permit uniform and equitable regulation of all escrow agents and to improve the standards of escrow conduct, the provisions of ORS 696.505 to 696.590 shall be construed to grant the Real Estate Commissioner authority to protect the public. (2) ORS 696.505 to 696.590 may be cited as the Oregon Escrow Law. [1977 c.351 §2]
OR Rev Stat § 696.520 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.520 - Application of ORS 696.505 to 696.590.

The provisions of ORS 696.505 to 696.590 do not apply to and the term "escrow agent" does not include: (1) Any person doing business under the laws of this state or the United States relating to banks, mutual savings banks, trust companies, savings and loan associations, consumer finance companies, or insurance companies except to the extent that the person provides real estate closing escrow services other than those permitted under subsection (3) of this section. (2) An attorney at law rendering services in the performance of duties as attorney at law. (3) Any firm or corporation lending money on real or personal property and which firm or corporation is subject to licensing, supervision or auditing by a federal or state agency but only to the extent of closing a loan transaction between the firm or corporation and a borrower, and seller, if a fee for escrow services is not charged to the seller. (4) Any person doing any of the acts specified in ORS 696.505 (5) under order of any court. (5) Any real estate broker or principal real estate broker licensed under ORS 696.022 who performs the closing for the principals in a real estate transaction handled by the broker, if the principals are not charged a separate fee for escrow services. (6) Any collection agency registered under ORS 697.015 that is engaged in any collection or billing activity without holding documents relating to the debt. [1963 c.440 §2; 1967 c.359 §701; 1971 c.398 §1; 1977 c.351 §6; 1981 c.617 §22; 1991 c.874 §3; 2001 c.300 §37; 2003 c.427 §6; 2007 c.337 §7; 2017 c.234 §24]
OR Rev Stat § 696.523 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.523 - Application of ORS 696.505 to 696.590 to title insurance activities.

The provisions of ORS 696.505 to 696.590 apply to those escrow activities of a title insurance company, or an insurance producer of a title insurance company which prepares abstracts or makes searches of title which are used as a basis for the insurance of titles by a title insurance company. [1971 c.398 §3; 1977 c.351 §7; 2003 c.364 §55]
OR Rev Stat § 696.527 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.527 - Deposits in lieu of bond; payment of claims; waiver.

(1) Any escrow agent may satisfy the requirements of ORS 696.525 by depositing with the State Treasurer, in an amount equal to the surety bond required, a deposit consisting only of the following: (a) Cash; (b) Ample secured obligations of the United States, a state or a political subdivision thereof; (c) Certificates of deposit, assignments of certificates of deposit or other investments described in ORS 733.650 (4), to the extent that such investments are insured by the Federal Deposit Insurance Corporation; (d) A certified, annually renewable letter of credit executed by a financial institution and satisfactory to the Real Estate Commissioner in the amount of the surety bond required by ORS 696.525; or (e) Any combination of paragraphs (a), (b), (c) and (d) of this subsection. (2) The State Treasurer shall accept and hold the deposit for the faithful performance of escrow activity by the escrow agent. No claimant or judgment creditor or the escrow agent shall have the right to attach or levy upon any of the assets or securities held on deposit. (3) The commissioner, by order, may authorize the State Treasurer to use such deposit, as follows: (a) To satisfy any final judgment entered against the escrow agent for actual damages suffered by any person by reason of the violation of any of the provisions of ORS 696.505 to 696.590, now or hereafter enacted, or by reason of any fraud, dishonesty, misrepresentation or concealment of material fact growing out of any escrow transaction; (b) For use in the liquidation of the escrow agent under the provisions of ORS 696.555; or (c) To release any or all of such deposit to the escrow agent when, in the opinion of the commissioner, such deposit is no longer necessary to protect the public. (4) The commissioner may waive the requirement of the surety bond or deposit for any escrow agent that: (a) Demonstrates to the commissioner’s satisfaction that the capital and surplus or net worth, of such escrow agent as of the end of the previous business accounting year of the agent is equal to, or greater than, the average month-end balance of custodial funds held by such agent during the previous business accounting year; or (b) Provides a certified, personal guarantee executed by one or more owners of the escrow agency and satisfactory to the commissioner in the amount of the surety bond required by ORS 696.525. (5) All other claims against the bond or deposit of an escrow agent must be paid by the commissioner only upon the receipt of a final court judgment against the escrow agent and only in the amount of actual damages as ordered by the court. [1977 c.351 §3; 1981 c.617 §24; 1991 c.874 §5; 1999 c.107 §11; 2003 c.427 §8; 2009 c.174 §4]
OR Rev Stat § 696.530 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.530 - Expiration and renewal of license; fees; rules.

(1) The license of an escrow agent expires on the June 30 after the date of issuance or on a date specified by rule of the Real Estate Commissioner. A license may be renewed as prescribed by rule of the commissioner, which may include paying any required fees. (2) The filing fees are: (a) For filing an original or a renewal application, $450 for the main office and $225 for each branch office. (b) For a name change of an escrow agent, $10 for the main office plus $10 for each affected branch office. (3) The commissioner, by rule, may provide an opportunity for the late renewal of an expired escrow agent license by an applicant who fails to renew the license by the date specified under subsection (1) of this section. [1963 c.440 §6; 1977 c.351 §9; 1977 c.873 §19; 1981 c.617 §25; 1991 c.874 §14; 1997 c.451 §2; 2003 c.427 §9; 2005 c.116 §11; 2007 c.225 §1; 2007 c.768 §54a; 2009 c.174 §5; 2017 c.193 §2]
OR Rev Stat § 696.532 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.532 - Limited license.

(1) The Real Estate Commissioner may issue or renew a limited escrow agent license if the commissioner determines it is in the public interest. (2) The commissioner may limit a license issued under this section: (a) By term; (b) To activities subject to supervision by a specific escrow agent; (c) By conditions to be observed in the exercise of the privileges granted; or (d) In other ways determined by the commissioner as necessary or appropriate to protect the public. (3) A limited licensee must comply with the limitations of the license and the requirements of ORS 696.505 to 696.590 and rules adopted under ORS 696.505 to 696.590. [2003 c.427 §2; 2009 c.174 §6] Note: 696.532 and 696.534 were added to and made a part of 696.505 to 696.590 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 696.534 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.534 - Records of escrow agents; rules.

(1) An escrow agent shall keep and maintain at all times in the licensed office of the agent, complete and suitable records of escrow transactions made by the agent and of the business of the agent including, but not limited to, books, papers and data clearly reflecting the financial condition of the business of the agent. The records must be open for inspection by the Real Estate Commissioner or the commissioner’s authorized representatives at all times. An escrow agent shall keep escrow records for a period of six years from the date the escrow closes or is terminated. An escrow agent may maintain the records in any format, as determined by the commissioner by rule, that allows for inspection and copying by the commissioner or the commissioner’s representatives. When an escrow agent acts as a subservicer for another escrow agent, the subservicer shall keep its records in the manner required for an escrow agent under this section. (2) Notwithstanding the requirement of subsection (1) of this section that an escrow agent maintain escrow records in the agent’s licensed office, an escrow agent shall keep escrow records in the office in which the transaction occurred for one year from the date the escrow closes or is terminated. (3) Notwithstanding the requirements of subsections (1) and (2) of this section to maintain escrow records in specified locations, an escrow agent may maintain escrow records at another location satisfactory to the commissioner if the escrow agent provides the commissioner with prior written notice of the proposed location. [2003 c.427 §3] Note: See note under 696.532.
OR Rev Stat § 696.541 (2021)
2021 Oregon Revised Statutes|Volume : 17 - Occupations|Chapter 696 - Real Estate and Escrow Activities|Section 696.541 - Authority of commissioner over escrow agents; rules.

(1) The Real Estate Commissioner shall have general supervision and control over all escrow agents doing business in this state. Subject to ORS chapter 183, the commissioner may adopt such rules as reasonably necessary for the administration and enforcement of ORS 696.505 to 696.590. (2) All escrow agents are subject to audits or examinations by the commissioner, or the commissioner’s authorized representatives at any time the commissioner considers advisable. The commissioner may collect from each escrow agent the reasonable expenses of such audit or examination including but not limited to any administrative expense for travel. (3) The provisions of this section and of any other section relating to the examination of the affairs of an escrow agent shall extend to an escrow agent whose license has expired or been revoked or suspended, if in the judgment of the commissioner, such agent has violated any provisions of ORS 696.505 to 696.590. [1977 c.351 §12 (enacted in lieu of 696.540); 1981 c.617 §27; 1985 c.399 §4; 1991 c.874 §7; 2001 c.300 §39; 2003 c.427 §11]