reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.425 - Oregon Board of Accountancy Fund.

The Oregon Board of Accountancy Fund is established in the State Treasury, separate and distinct from the General Fund. All moneys collected or received by the Oregon Board of Accountancy shall be deposited in the fund. Interest earned on moneys in the fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the board for the administration and enforcement of ORS 673.010 to 673.465. [2015 c.451 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.440 - Compilation of laws and rules; availability.

The Oregon Board of Accountancy shall produce, at least biennially, a compilation of ORS 673.010 to 673.465 and rules of the board. A copy of the compilation shall be made available to all licensees under ORS 673.010 to 673.465 in the manner the board considers most cost-effective. [Amended by 1975 c.440 §20; 1985 c.605 §17; 1993 c.79 §1; 1993 c.431 §12; 1999 c.322 §28]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.455 - Peer review programs; review of persons and business organizations performing attestation services or compilation services.

(1) The Oregon Board of Accountancy may recognize peer review programs or approve applications for operation of peer review programs, including programs provided by the American Institute of Certified Public Accountants.
(2) Each holder of a permit under ORS 673.150, each person authorized to practice public accountancy in this state under ORS 673.153, each business organization registered under ORS 673.160, and each business organization exempt from registration requirements under ORS 673.160 (3), that performs attestation services or compilation services shall participate in a peer review program described in this section. The peer review shall be conducted by the board or by a peer review program recognized or approved by the board under subsection (1) of this section. A person authorized to practice public accountancy in this state under ORS 673.153 who practices as a sole proprietor must meet peer review standards pertaining to business organizations. The person or business organization undergoing the peer review shall bear the cost of the peer review. [1981 c.89 §17; 1983 c.254 §1; 1985 c.605 §18; 1989 c.771 §2; 1993 c.193 §1; 1999 c.322 §29; 2001 c.638 §12; 2003 c.4 §1; 2005 c.39 §7; 2009 c.531 §8; 2015 c.451 §17]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.457 - Review by peer review program; right of Oregon Board of Accountancy to conduct review.

A review of the accountancy practice of a holder of a permit under ORS 673.150 that provides compilation services or of a registered business organization by a peer review program approved under ORS 673.455 shall not preclude the Oregon Board of Accountancy from conducting a review of specified aspects of the professional services of any licensee affiliated with the permit holder or business organization or of the permit holder or business organization itself. [1999 c.322 §30; 2001 c.638 §13; 2015 c.451 §18]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.465 - Authority of Oregon Board of Accountancy to require fingerprints.

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Board of Accountancy may require the fingerprints of a person who:
(1) Is applying for a license, certificate, registration or permit that is issued by the board;
(2) Is applying for renewal of a license, certificate, registration or permit that is issued by the board;
(3) Is under investigation by the board; or
(4)(a)(A) Is employed or applying for employment by the board; or
(B) Provides services or seeks to provide services to the board as a contractor or vendor; and
(b) Is, or will be, working or providing services in a position:
(A) In which the person has or will have access to individual Social Security numbers, dates of birth, credit card information or information that is confidential under state or federal laws, rules or regulations; or
(B) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm or make unlawful use of the information technology systems or the information contained in the systems. [2005 c.730 §53; 2007 c.619 §6; 2009 c.531 §11]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.475 - Authority of Oregon Board of Accountancy to disclose investigatory information relating to regulatory or enforcement function of public entity.

(1) Notwithstanding ORS 673.170, upon a determination by the Oregon Board of Accountancy that the board possesses confidential information, or information that is not otherwise subject to disclosure, that is investigatory and that reasonably relates to the regulatory or enforcement function of another public entity, the board may disclose that information to the other public entity.
(2) A public entity that receives information pursuant to subsection (1) of this section shall take all reasonable steps to maintain the confidentiality of the information to the extent necessary to carry out the regulatory or enforcement functions of the public entity.
(3) For purposes of this section, "public entity" means:
(a) A board or agency of this state, or a board or agency of another state, with regulatory or enforcement functions similar or related to the functions of the Oregon Board of Accountancy;
(b) A district attorney;
(c) The Department of Justice;
(d) A law enforcement agency of this state, another state or the federal government; and
(e) A federal government agency with regulatory or enforcement functions related to the functions of the board, including but not limited to the Internal Revenue Service, the Securities and Exchange Commission, the Public Company Accounting Oversight Board and the United States Department of Labor. [2017 c.224 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.605 - Definitions for ORS 673.605 to 673.740.

As used in ORS 673.605 to 673.740 unless the context requires otherwise:
(1) "Board" means the State Board of Tax Practitioners created by ORS 673.725.
(2)(a) "Facilitator" means a person that individually or in conjunction or cooperation with another person processes, receives or accepts for delivery an application for a refund anticipation loan or a check in payment of refund anticipation loan proceeds or in any other manner materially facilitates the making of a refund anticipation loan.
(b) "Facilitator" does not mean a financial institution as defined in ORS 706.008, a person who has been issued a license under ORS chapter 725, an affiliate that is a servicer for a financial institution or for a person issued a license under ORS chapter 725, a person issued a certificate as a certified public accountant or licensed as a public accountant by the Oregon Board of Accountancy, or any person that acts solely as an intermediary and does not deal with a taxpayer in the making of a refund anticipation loan.
(3) "Lender" means a person that makes a refund anticipation loan with the person’s own funds or a line of credit or other funding from a financial institution as defined in ORS 706.008, but does not include a financial institution as defined in ORS 706.008.
(4) "Refund anticipation loan" means a loan that the lender arranges to be repaid directly from the proceeds of the taxpayer’s federal or state personal income tax refund.
(5)(a) "Refund anticipation loan fee" means the charges, fees or other consideration charged or imposed by the lender or facilitator for the making of a refund anticipation loan.
(b) "Refund anticipation loan fee" does not mean any charge, fee or other consideration usually charged or imposed by the facilitator in the ordinary course of business for nonloan services, including fees for tax return preparation and fees for electronic filing of tax returns.
(6) "Tax consultant" means a person who is licensed under ORS 673.605 to 673.740 to prepare or advise or assist in the preparation of personal income tax returns for another and for valuable consideration.
(7) "Taxpayer" means an individual who files a federal or Oregon personal income tax return.
(8) "Tax preparer" means any person who is licensed under ORS 673.605 to 673.740 as a tax preparer. [1973 c.387 §1; 1975 c.464 §2; 1977 c.100 §1; 1985 c.559 §1; 2001 c.136 §9; 2005 c.331 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.610 - Application of ORS 673.605 to 673.740.

ORS 673.605 to 673.740 do not apply to:
(1) Any full- or part-time employee hired to fill a permanent position, who in connection with the duties as an employee has the incidental duty of preparing income tax returns for the business of the employer only.
(2) Any attorney at law rendering services in the performance of the duties of an attorney at law.
(3) While acting as such, any fiduciary, or the regular employees thereof, acting on behalf of the fiduciary estate, the testator, trustor, grantor, or beneficiaries thereof.
(4) A certified public accountant who holds an active permit issued by any state, a public accountant holding a valid permit issued under ORS 673.100 or a public accounting firm registered in any state.
(5) Any employee of a certified public accountant, public accountant or registered public accounting firm described in subsection (4) of this section.
(6) Any person employed by a local, state or federal governmental agency but only in performance of official duties. [1973 c.387 §3; 1977 c.100 §1; 1999 c.322 §31; 2001 c.638 §14; 2007 c.178 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.615 - Prohibited acts; preparation of tax returns; refund anticipation loans.

Except as otherwise provided in ORS 673.605 to 673.740:
(1) A person may not prepare or advise or assist in the preparation of personal income tax returns for another and for valuable consideration or represent that the person is so engaged unless the person is licensed as a tax consultant under ORS 673.605 to 673.740.
(2) A tax preparer may prepare or advise or assist in the preparation of tax returns only under the supervision of a tax consultant, or a person described in ORS 673.610 (2) or (4), and subject to such conditions and limitations as the State Board of Tax Practitioners by rule may impose.
(3) A person may not be a facilitator of a refund anticipation loan without first being issued a license as a tax consultant or tax preparer under ORS 673.640. [1973 c.387 §2; 1975 c.464 §6; 1977 c.100 §4; 2005 c.331 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.630 - Tax consultant’s application.

Every person desiring to be licensed as a tax consultant shall apply in writing to the State Board of Tax Practitioners. The application forms shall be approved by the board. Each application shall include or be accompanied by evidence, satisfactory to the board, that the applicant meets the qualifications prescribed in ORS 673.625. Each application shall be accompanied by the examination fee as provided under ORS 673.685. [1973 c.387 §5; 1975 c.464 §8; 1985 c.559 §3; 2005 c.21 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.635 - Tax preparer’s application.

Every person desiring to be licensed as a tax preparer shall apply in writing to the State Board of Tax Practitioners. The application forms shall be approved by the board. Each application shall include or be accompanied by evidence, satisfactory to the board, that the applicant meets the qualifications prescribed in ORS 673.625. The application shall be accompanied by the examination fee as provided under ORS 673.685. [1973 c.387 §6; 1985 c.559 §4; 2005 c.21 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.637 - Licensing of person licensed in another state or enrolled to practice before Internal Revenue Service; requirements; fees.

(1) The State Board of Tax Practitioners may issue a license to an applicant for a license as a tax consultant or as a tax preparer who:
(a) Presents evidence satisfactory to the board that the applicant is licensed as a tax consultant or preparer in a state that has requirements for licensing substantially similar to the requirements for licensing in this state; and
(b) Has passed to the satisfaction of the board an examination covering Oregon personal income tax law, theory and practice, the provisions of ORS 673.605 to 673.740 and the code of professional conduct prescribed by the board.
(2) Notwithstanding ORS 673.625 (1) and (3), but as otherwise provided in ORS 673.605 to 673.740, the board shall license as a tax consultant any person who is, on the date of the application for a tax consultant’s license, enrolled to practice before the Internal Revenue Service pursuant to 31 C.F.R. part 10 if the person has passed to the satisfaction of the board an examination covering Oregon personal income tax law, theory and practice, the provisions of ORS 673.605 to 673.740 and the code of professional conduct prescribed by the board.
(3) Except as otherwise provided in this section, an examination is not required for licensing under this section.
(4) Any person desiring to be licensed under this section shall make written application to the board and shall pay to the board at the time required by the board the examination and license fees provided by rule of the board. [1975 c.464 §16; subsection (2) enacted as 1977 c.100 §3; 1983 c.110 §5; 2011 c.95 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.640 - Issuance of licenses.

(1) The State Board of Tax Practitioners shall license as a tax consultant or a tax preparer each applicant who:
(a) Demonstrates to the satisfaction of the board fitness for a license;
(b) Pays to the board an initial license fee as provided under ORS 673.685; and
(c) Has no disciplinary actions pending before the board.
(2) The board shall issue evidence of licensing to each person licensed. [1973 c.387 §7; 1975 c.464 §11; 1985 c.559 §5; 2001 c.136 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.645 - Renewal of licenses; restoration of lapsed license; rules.

(1) Any licensed tax consultant and tax preparer shall apply to the State Board of Tax Practitioners and pay the fee for a renewal of the license. The application shall be made annually, on or before a date established by the board by rule. The application shall be accompanied by evidence satisfactory to the board that the person applying for renewal of the license has completed the continuing education required by ORS 673.655.
(2) At least 30 days before the annual renewal date, the board shall notify the licensee that the annual renewal application and fee are due.
(3) Any license that is not renewed within 15 days after the annual renewal date shall lapse.
(4) The board may restore any lapsed license upon payment to the board of all past unpaid renewal fees and a fee for restoration of a lapsed license that shall be provided under ORS 673.685 and upon proof of compliance with any continuing education requirements that may be adopted by the board by rule. [1973 c.387 §8; 1975 c.464 §12; 1977 c.873 §7; 1985 c.559 §6; 1999 c.411 §1; 2003 c.29 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.655 - Continuing education requirement; waiver.

(1) Except as provided in subsection (2) of this section, upon annual renewal of a tax preparer’s or tax consultant’s license, each person licensed as a tax consultant or tax preparer under ORS 673.605 to 673.740 shall submit evidence satisfactory to the State Board of Tax Practitioners that the person has completed at least 30 hours of instruction or seminar in subjects related to income tax preparation since the preceding license renewal date. If the board does not receive evidence that the continuing education requirement has been completed by the applicant, the board shall not renew the applicant’s active license.
(2) The board may exempt a tax consultant or tax preparer from the continuing education required by this section upon application showing evidence satisfactory to the board of inability to comply because of unusual or extenuating circumstances. [1973 c.387 §10; 1975 c.464 §17; 1985 c.559 §7]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.660 - Licenses to be displayed.

Each tax consultant and preparer shall display the evidence of licensing issued to the tax consultant and preparer in accordance with rules adopted by the State Board of Tax Practitioners. [1973 c.387 §11; 1975 c.464 §18]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.663 - Use of title "tax consultant."

(1) An individual may not assume or use the title or designation "tax consultant" unless the person is licensed as a tax consultant under ORS 673.605 to 673.740.
(2) A sole proprietorship, partnership, corporation or other legal entity may not assume or use the title or designation "tax consultant" unless the entity is in compliance with ORS 673.643. [1991 c.297 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.667 - Inactive status; application; renewal; reactivation; revocation or suspension; prohibition; rules.

(1) Whenever a tax consultant or tax preparer ceases to engage in the preparation or in advising or assisting in the preparation of personal income tax returns, the consultant or preparer may apply to the State Board of Tax Practitioners for inactive status. A license that is granted inactive status may be renewed upon payment of the license fee as provided under ORS 673.685. No proof that the continuing education required by ORS 673.655 has been fulfilled need be presented to the board for renewal of an inactive license.
(2) A license in inactive status may be reactivated upon payment of a reactivation fee, that shall be provided under ORS 673.685, and upon proof of compliance with such continuing education requirements as may be adopted by the board by rule.
(3) A license in inactive status may be revoked or suspended by the board when conditions exist under which the board would have been authorized to revoke or suspend the license if it were active.
(4) No person whose license is inactive shall act as a tax consultant or as a tax preparer. [1975 c.464 §25; 1985 c.559 §8]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.685 - Fees; rules.

(1) The State Board of Tax Practitioners shall adopt by rule fees for:
(a) Application for examination for a tax consultant’s license.
(b) Application for examination for a tax preparer’s license.
(c) Issuance or renewal of a tax consultant’s license.
(d) Issuance or renewal of a tax preparer’s license.
(e) Issuance or renewal of a tax consultant’s inactive license.
(f) Issuance or renewal of a tax preparer’s inactive license.
(g) Reactivation of a tax consultant’s inactive license or reactivation of a tax preparer’s inactive license.
(h) Restoration of lapsed license.
(i) Issuance or replacement of a duplicate license.
(j) Issuance of a replacement or duplicate tax consultant certificate.
(k) Registration or registration renewal for a sole proprietorship, partnership, corporation or other legal entity.
(L) Issuance or renewal of a combined tax consultant’s or tax preparer’s license and registration for a sole proprietorship, partnership, corporation or other legal entity. Eligibility for a combined license shall be determined under rules adopted by the board.
(m) Annual registration of a branch office of a sole proprietorship, partnership, corporation or other legal entity.
(2) The fees established by the State Board of Tax Practitioners under this section are subject to the prior approval of the Oregon Department of Administrative Services. The fees may not exceed the cost of administering the regulatory program of the State Board of Tax Practitioners pertaining to the purposes for which the fees are established, as authorized by the Legislative Assembly within the board’s budget, as that budget may be modified by the Emergency Board. [1973 c.387 §16; 1975 c.464 §19; 1985 c.377 §2; 1987 c.59 §3; 1991 c.138 §2; 1991 c.187 §8; 1997 c.260 §1; 2001 c.84 §1; 2007 c.273 §1; 2023 c.602 §15]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.690 - Tax consultant’s records.

(1) Except as provided in this section, every person licensed as a tax consultant shall keep records of all personal income tax returns prepared by the person, or in the preparation of which advice or assistance of the person has been given. The records of the returns shall be kept for a period of not less than four years after the date of the preparation, advice or assistance.
(2) If a tax consultant is employed by another tax consultant, the records shall be kept by the employing tax consultant.
(3) If a tax consultant who has been designated as responsible for the tax return preparation activities and decisions of a partnership, corporation or other legal entity ceases to be connected with the partnership, corporation or other legal entity, the records shall be retained by the partnership, corporation or other legal entity. [1973 c.387 §17; 1975 c.464 §20; 2001 c.136 §7]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.695 - Secretary of State as agent for service of process against nonresident; fee.

(1) The acceptance by a nonresident of a license as tax consultant or a tax preparer shall be considered equivalent to the appointment by the nonresident of the Secretary of State as attorney upon whom may be served any summons, process or pleading in any action or suit against the nonresident in any court of this state, arising out of any business done by the nonresident as a tax consultant or tax preparer in this state.
(2) The acceptance of a license shall be considered equivalent to any agreement by the nonresident that any summons, process or pleading in the action or suit may be made by leaving a copy thereof, with a fee of $2, with the Office of Secretary of State. Such service shall be sufficient and valid personal service upon the defendant if notice of such service and a 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 attorney of the plaintiff to the defendant at the most recent address furnished to the State Board of Tax Practitioners by the nonresident tax consultant or tax preparer or to the last-known address. An affidavit of the plaintiff or the attorney of the plaintiff of the mailing shall be appended to the summons, process or pleading and entered as a part of the return thereof. However, personal service outside of the state in accordance with the statute relating to personal service of summons outside of the state shall relieve the plaintiff from such mailing requirement.
(3) Any summons received or provided in this section shall require the defendant to appear and answer the complaint within four weeks after receipt thereof by the Secretary of State. The court in which the action or suit is brought may order such continuance as may be necessary to afford the defendant reasonable opportunity to defend the action. The fee of $2 paid by the plaintiff to the Secretary of State shall be taxed as costs in favor of the plaintiff if the plaintiff prevails in the action. The Secretary of State shall keep a record of each summons, process or pleading served upon the Secretary of State under this section, showing the day and hour of service. [1973 c.387 §18; 1987 c.414 §67; 1991 c.249 §61]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.697 - Continuing authority of board.

The lapsing, suspension or revocation of a license by operation of law or by order of the State Board of Tax Practitioners or by decision of a court of law, or the voluntary surrender of a license by a licensee, shall not deprive the board of jurisdiction to proceed with any investigation of or any action or disciplinary proceeding against the licensee, or to revise or render null and void an order suspending or revoking the license. [1995 c.239 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.705 - Prohibited acts.

It is unlawful for any person to:
(1) Obtain or attempt to obtain a license as a tax consultant or a tax preparer by any fraudulent representation.
(2) Represent that the person is licensed as a tax consultant or a tax preparer if the person is not so licensed.
(3) Present or attempt to use the license of another person.
(4) Attempt to use a suspended, lapsed or revoked license.
(5) Falsely impersonate a licensee under ORS 673.605 to 673.740.
(6) Engage in dishonesty, fraud or deception relating to the preparation of personal income tax returns.
(7) Violate a position of trust, including a position of trust outside the licensee’s professional practice. [1973 c.387 §19; 1975 c.464 §22; 1983 c.110 §7; 2001 c.136 §2; 2005 c.21 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.710 - Names of tax preparers and other information furnished by Department of Revenue; use of information.

(1) If a personal income tax return is prepared by someone other than the taxpayer, the Department of Revenue may furnish to the State Board of Tax Practitioners a copy of that portion of the return that shows:
(a) The name, business name and address of the preparer;
(b) The date of preparation; and
(c) The signature of the preparer.
(2) In instances where the department or the board has reasonable grounds to believe the person preparing the return prepared it in violation of ORS 673.605 to 673.740, the department may furnish the following additional information:
(a) The name and address of the taxpayer;
(b) The identifying number used on any form, report or schedule filed as part of the return;
(c) The tax year reported on the return, or any portion of the return; and
(d) The information described in ORS 314.835.
(3) The board, its members, officers and employees, shall use the names and addresses furnished under this section solely in the enforcement of ORS 673.605 to 673.740 and shall not otherwise divulge or make known such information. Any person who violates this prohibition against disclosure, upon conviction, is punishable as provided in ORS 314.991 (2). [1975 c.425 §2; 1979 c.690 §15; 1999 c.106 §1; 2009 c.640 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.712 - Refund anticipation loan disclosures.

(1) Prior to a taxpayer’s completion of an application for a refund anticipation loan, the facilitator shall clearly disclose in writing to the taxpayer on a form separate from the application:
(a) A listing or table of refund anticipation loan fees and the annual percentage rates, as defined by the federal Truth in Lending Act, 15 U.S.C. 1601 et seq., charged by the facilitator or lender for three or more representative refund anticipation loan amounts. For each loan amount, the schedule shall list separately the amount of each fee and the amount of interest charged by the facilitator or lender and the total amount of fees and interest charged.
(b) That the refund anticipation loan is a loan and not the taxpayer’s actual personal income tax refund.
(c) That electronic filing of the taxpayer’s tax return is available without applying for a refund anticipation loan.
(d) The average time announced by the appropriate taxing authority within which the taxpayer can expect to receive a refund if the taxpayer does not obtain a refund anticipation loan and the taxpayer’s return is filed:
(A) Electronically and the refund is directly deposited in the taxpayer’s bank account; or
(B) By mail and the refund is directly deposited in the taxpayer’s bank account or mailed to the taxpayer.
(e) That the Internal Revenue Service does not guarantee:
(A) That the full amount of the anticipated refund will be paid; or
(B) A specific date on which the taxpayer will receive the refund.
(f) That the taxpayer is responsible for repayment of the loan and related fees in the event the tax refund is not paid or is not paid in full.
(g) The estimated time within which the proceeds of the loan will be paid to the taxpayer if the loan is approved.
(h) The fees charged by the facilitator or lender if the refund anticipation loan is not approved.
(2) Prior to entering into a refund anticipation loan agreement, the facilitator shall clearly disclose to the taxpayer:
(a) The estimated total fees for the loan.
(b) The estimated annual percentage rate, as defined by the federal Truth in Lending Act, 15 U.S.C. 1601 et seq., for the loan. [2005 c.331 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.715 - Local government regulation of refund anticipation loans prohibited; preemption.

(1) A unit of a local government, as defined in ORS 174.116, may not adopt any rule, regulation, code or ordinance to restrict or limit any requirements under ORS 673.605 to 673.740 relating to refund anticipation loans.
(2) ORS 673.605 to 673.740 supersede and preempt any rule, regulation, code or ordinance of any unit of a local government, as defined in ORS 174.116, relating to refund anticipation loans. [2005 c.331 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.725 - State Board of Tax Practitioners; term; qualification.

(1) There is created a State Board of Tax Practitioners. The board shall consist of seven members who shall be appointed by the Governor.
(2) The term of office for each member shall be three years and no member shall be eligible for appointment to more than three terms of office, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor or reappoint the incumbent member if the incumbent member is eligible for reappointment. The Governor shall fill vacancies on the board as they may occur and a member appointed to fill a vacancy shall serve the unexpired term of the predecessor.
(3)(a) Of the members of the board six shall be licensed as tax consultants under ORS 673.605 to 673.740. Each of the six shall have been engaged in the preparation of personal income tax returns for another and for a valuable consideration for no less than five years.
(b) One member of the board shall be a member of the general public.
(4) All appointments of members of the board by the Governor are subject to confirmation by the Senate pursuant to section 4, Article III, Oregon Constitution. [1973 c.387 §21; 1983 c.110 §2; 1987 c.414 §68; 1993 c.744 §249a; 1997 c.21 §3; 2001 c.136 §8]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.732 - Cease and desist orders.

(1) Except as provided in ORS 183.745, upon entry of a cease and desist order under ORS 673.605 to 673.740, the State Board of Tax Practitioners shall promptly give appropriate notice of the cease and desist order as provided in this section. The notice shall state that a hearing will be held on the cease and desist order if written demand for a hearing is filed with the board within 20 days after the date of service of the cease and desist order.
(2) If timely demand for a hearing is filed under subsection (1) of this section, the board shall hold a contested case hearing on the cease and desist order as provided by ORS chapter 183. In the event of a contested case hearing, the civil penalties assessed in the cease and desist order are suspended until issuance of a final order, but the remaining provisions of the cease and desist order shall remain in full force and effect until issuance of the final order. A person is not entitled to judicial review of a cease and desist order unless the person has made a timely demand for a hearing.
(3) After the hearing, the board shall enter a final order vacating, modifying or affirming the cease and desist order.
(4) A person aggrieved by a cease and desist order of the board that was the subject of a timely application for hearing shall be entitled to judicial review of the cease and desist order under ORS chapter 183.
(5) A judgment of a reviewing court under ORS chapter 183 does not bar the board from thereafter vacating or modifying a cease and desist order involved in the proceeding for review, or entering any new order, for a proper cause that was not decided by the reviewing court.
(6) The board may file an injunction against a person for failure to comply with a cease and desist order. [2001 c.136 §5; 2003 c.576 §540]
Note:
673.732 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 673 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.735 - Civil penalties.

(1) Any person who violates any provision of ORS 673.605 to 673.740, any rule adopted thereunder or any order of the State Board of Tax Practitioners shall incur, in addition to any other penalty provided by law, a civil penalty in an amount of not more than $5,000 for each violation. The amount of penalty shall be determined by the board after taking into consideration the gravity of the violation, the previous record of the violator in complying, or in failing to comply, with the provisions of ORS 673.605 to 673.740 or the rules adopted thereunder, and other considerations as the board considers appropriate.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(3) All penalties recovered under this section shall be paid into the General Fund to be credited to the board for use in carrying out the provisions of this section. [1973 c.387 §24; 1983 c.110 §9; 1983 c.696 §26; 1991 c.734 §70; 2001 c.136 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.740 - Educational program as remedy.

Under appropriate circumstances, as a further remedy in a proceeding which may or may not result in imposition of a civil penalty under ORS 673.735 or in cancellation, suspension, revocation or refusal to renew a tax consultant’s or preparer’s license, the State Board of Tax Practitioners may impose the requirement of successful participation and completion of an educational program specified by the board as correction or as a condition to reissuance, restoration, retention or renewal of the license. [1993 c.191 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.805 - Notice required upon change in control.

(1) When a change in control occurs for an exchange facilitator, the exchange facilitator within 10 business days after the change in control becomes effective shall notify the exchange facilitator’s clients with relinquished property located in this state or for which the exchange facilitator holds replacement property under a qualified exchange accommodation agreement. If the exchange facilitator is a publicly traded company and remains a publicly traded company after the change in control, the publicly traded company need not notify existing clients about the change in control.
(2) The notice required under subsection (1) of this section must:
(a) Be delivered by hand, first-class mail, overnight mail, electronic mail or facsimile;
(b) Be posted on any website the exchange facilitator maintains for 90 days after the effective date of the change in control; and
(c) Set forth the name, address, telephone number and other contact information for the person that assumes control of the exchange facilitator.
(3) For purposes of this section, a change in control for an exchange facilitator occurs if more than 50 percent of the exchange facilitator’s assets or ownership interests transfer, directly or indirectly, to another person within 12 months. [2013 c.392 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.810 - Duty to maintain bonds or deposits; duty to maintain insurance or deposits.

(1) An exchange facilitator shall at all times:
(a) Maintain one or more fidelity bonds that are issued by a corporate surety authorized to do business in this state in an aggregate amount of not less than $1 million;
(b) Deposit with a financial institution in an interest-bearing deposit account or money market account, the interest of which accrues to the exchange facilitator, moneys, securities or irrevocable letters of credit issued by corporate sureties authorized to do business in this state in an aggregate amount of not less than $1 million;
(c) Deposit with a financial institution funds used in an exchange under 26 U.S.C. 1031 in a qualified escrow account or a qualified trust and provide that withdrawals from the account or trust require both the exchange facilitator’s and the client’s written authorization; or
(d) Be listed as a named insured on one or more fidelity bonds that are issued by a corporate surety authorized to do business in this state in an aggregate amount of not less than $1 million.
(2) An exchange facilitator shall at all times:
(a) Maintain errors and omissions insurance issued by an authorized insurer, as defined in ORS 731.066, in an amount not less than $250,000;
(b) Deposit with a financial institution in an interest-bearing deposit account or money market account, the interest of which accrues to the exchange facilitator, moneys, securities or irrevocable letters of credit issued by corporate sureties authorized to do business in this state in an aggregate amount of not less than $250,000; or
(c) Be listed as a named insured in an errors and omissions insurance policy issued by an authorized insurer, as defined in ORS 731.066, in an amount of not less than $250,000.
(3) An exchange facilitator may maintain bonds or deposits as provided in subsection (1) of this section or insurance or deposits as provided in subsection (2) of this section in amounts in excess of the minimum amounts specified in subsections (1) and (2) of this section. [2013 c.392 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.815 - Custodial duties; standards.

(1) An exchange facilitator shall act as a custodian for all exchange funds and shall invest the exchange funds only in investments that:
(a) Meet a prudent investor standard; and
(b) Satisfy the investment goals of liquidity and preservation of principal.
(2) An exchange facilitator fails to invest exchange funds according to a prudent investor standard if:
(a) The exchange facilitator knowingly commingles exchange funds with the exchange facilitator’s operating accounts; or
(b) Exchange funds are loaned or otherwise transferred to a person or entity, other than a financial institution, that is an affiliate of or otherwise related to the exchange facilitator, unless the exchange funds are transferred from an exchange facilitator to an exchange accommodation titleholder in accordance with a qualified exchange accommodation agreement.
(3) Exchange funds are not subject to execution or attachment in any claim against the exchange facilitator.
(4) An exchange facilitator may not knowingly keep moneys or cause moneys to be kept in a financial institution under a name that designates the moneys as belonging to a client unless the moneys belong to the client and the client entrusted the moneys to the exchange facilitator. [2013 c.392 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.820 - Prohibitions.

An exchange facilitator may not knowingly:
(1) Make a materially false statement, material misrepresentation or material statement intended to mislead a client or another person concerning an exchange conducted under 26 U.S.C. 1031, or continue a course of material misrepresentation through advertising or otherwise;
(2) Fail to account within a reasonable time for moneys or property in the exchange facilitator’s possession that belongs to another person;
(3) Engage in conduct that constitutes fraud or dishonesty or commit a crime involving fraud, misrepresentation, deceit, embezzlement, misappropriation of funds, robbery or theft; or
(4) Materially fail to fulfill the exchange facilitator’s contractual duty to deliver moneys or property to a client, unless the failure results from circumstances beyond the exchange facilitator’s control. [2013 c.392 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.825 - Right of action.

(1) A person that claims to have suffered damage because an exchange facilitator violated a provision of ORS 673.815 or 673.820 has a right of action on the bonds or deposits described in ORS 673.810. An action under this subsection does not limit the remedies available to the person under this section or under other provisions of law.
(2) An exchange facilitator that violates a provision of ORS 673.815 or 673.820 is subject to an action for damages brought in a circuit court of this state. [2013 c.392 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 673 - Accountants; Other Tax Professionals › Section 673.990 - Criminal penalties.

(1) Violation of any of the provisions of ORS 673.310, 673.320, 673.345 or 673.350 is a Class A misdemeanor. Whenever the Oregon Board of Accountancy has reason to believe that any person is liable to punishment under this subsection it may certify the facts to the Attorney General, who may, in the discretion of the Attorney General, cause appropriate proceedings to be brought.
(2) Violation of any provision of ORS 673.605 to 673.740, or any rule adopted thereunder, is a misdemeanor. [Subsection (2) enacted as 1973 c.387 §25; 1975 c.440 §22; 1999 c.322 §32]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 674 - Real Estate Appraisers and Appraisal › Section 674.010 - Definitions.

For purposes of this chapter:
(1) "Appraisal Foundation" means the Appraisal Foundation established on November 30, 1987, as a not-for-profit corporation under the laws of Illinois.
(2) "Appraisal Subcommittee" means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council established pursuant to the federal Act.
(3) "Board" means the Appraiser Certification and Licensure Board established under ORS 674.305.
(4) "Federal Act" means Title XI of the Federal Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C. 3310 et seq.).
(5) "Federal financial institution regulatory agency" means:
(a) The Board of Governors of the Federal Reserve System;
(b) The Federal Deposit Insurance Corporation;
(c) The Office of the Comptroller of the Currency;
(d) The Office of Thrift Supervision; or
(e) The National Credit Union Administration.
(6) "Federally related transaction" means any real estate-related financial transaction that:
(a) A federal financial institution regulatory agency or the Resolution Trust Corporation engages in, contracts for or regulates; and
(b) Requires the services of an appraiser.
(7) "Financial institution" means an insured depository institution as defined in section 3 of the Federal Deposit Insurance Act or an insured credit union as defined in section 101 of the Federal Credit Union Act.
(8) "Mortgage banker" has the meaning given that term in ORS 86A.100.
(9) "Professional real estate activity" has the meaning given that term in ORS 696.010.
(10) "Real estate appraisal activity" means the activity described in ORS 674.100.
(11) "Real estate-related financial transaction" means any transaction involving:
(a) The sale, lease, purchase, investment in or exchange of real property, including interests in real property, or the financing thereof;
(b) The refinancing of real property or interests in real property; and
(c) The use of real property or interests in real property as security for a loan or investment, including mortgage-backed securities.
(12) "State certified appraiser" means an individual who has been certified as a state certified appraiser under ORS 674.310.
(13) "State licensed appraiser" means an individual who has been licensed as a state licensed appraiser under ORS 674.310.
(14) "State registered appraiser assistant" means an individual who has been registered as a state registered appraiser assistant under ORS 674.310. [1991 c.5 §2; 1993 c.465 §2; 1993 c.508 §41; 1993 c.744 §217; 2005 c.254 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 674 - Real Estate Appraisers and Appraisal › Section 674.020 - Purposes.

The purposes of this chapter are to:
(1) Require that all real estate appraisals be performed in accordance with uniform standards by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision.
(2) Conform the law of this state to the requirements of federal law.
(3) Ensure the availability of state certified appraisers, state licensed appraisers and state registered appraiser assistants for the performance of real estate appraisal activity, including the performance of appraisals in federally related transactions, and to ensure effective supervision of the activities of state certified appraisers, state licensed appraisers and state registered appraiser assistants. [1991 c.5 §1; 1997 c.417 §1; 2005 c.254 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 674 - Real Estate Appraisers and Appraisal › Section 674.103 - Consideration of energy efficient improvements.

When preparing, completing or issuing an opinion about the value of real property or an interest in real property as described in ORS 674.100 (1)(b), a state licensed appraiser or state certified appraiser shall consider improvements made to the structure of any building located on the real property that make the building more energy efficient. [2013 c.383 §14]