reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-402. Administrative fines.

A. The Oklahoma Real Estate Commission may impose administrative fines on any licensee licensed pursuant to The Oklahoma Real Estate License Code as follows:
1. Any administrative fine imposed as a result of a violation of this Code or the rules of the Commission shall not:
a.
be less than One Hundred Dollars ($100.00) and shall not exceed Two Thousand Dollars ($2,000.00) for each violation of this Code or the rules of the Commission, or
b.
exceed Five Thousand Dollars ($5,000.00) for all violations resulting from a single incident or transaction;
2. All administrative fines shall be paid within thirty (30) days of notification of the licensee by the Commission of the order of the Commission imposing the administrative fine;
3. The license may be suspended until any fine imposed upon the licensee by the Commission is paid;
4. If fines are not paid in full by the licensee within thirty (30) days of the notification by the Commission of the order, the fines shall double and the licensee shall have an additional thirty- day period. If the doubled fine is not paid within the additional thirty-day period, the license shall automatically be revoked; and
5. All monies received by the Commission as a result of the imposition of the administrative fine provided for in this section shall be deposited in the Oklahoma Real Estate Education and Recovery Fund, created pursuant to Section 858-601 of this title.
B. The administrative fines authorized by this section may be in addition to any other criminal penalties or civil actions provided for by law.
Added by Laws 1993, c. 54, § 3, eff. Sept. 1, 1993. Amended by Laws 1999, c. 26, § 3, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-513. Psychologically impacted real estate - Factors included - Nondisclosure of facts - Certain actions prohibited - Disclosure in certain circumstances.

A. The fact or suspicion that real estate might be or is psychologically impacted, such impact being the result of facts or suspicions, including but not limited to:
1. That an occupant of the real estate is, or was at any time suspected to be infected, or has been infected, with Human Immunodeficiency Virus or diagnosed with Acquired Immune Deficiency Syndrome, or other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or
2. That the real estate was, or was at any time suspected to have been the site of a suicide, homicide or other felony,
is not a material fact that must be disclosed in a real estate transaction.
B. No cause of action shall arise against an owner of real estate or any licensee assisting the owner for the failure to disclose to the purchaser or lessee of such real estate or any licensee assisting the purchaser or lessee that such real estate was psychologically impacted as provided for in subsection A of this section.
C. Notwithstanding the fact that this information is not a material defect or fact, in the event that a purchaser or lessee, who is in the process of making a bona fide offer, advises the licensee assisting the owner, in writing, that knowledge of such factor is important to the person's decision to purchase or lease the property, the licensee shall make inquiry of the owner and report any findings to the purchaser or lessee with the consent of the owner and subject to and consistent with applicable laws of privacy; provided further, if the owner refuses to disclose, the licensee assisting the owner shall so advise the purchaser or lessee.
Added by Laws 1989, c. 235, § 1, emerg. eff. May 12, 1989. Amended by Laws 1998, c. 60, § 19, eff. Jan. 1, 1999.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-514. Registered sex offenders or violent crime offenders - No duty to provide notice regarding.

The provisions of the Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act shall not be construed as imposing a duty upon a person licensed under the Oklahoma Real Estate License Code to disclose any information regarding an offender required to register under such provision.
Added by Laws 1997, c. 260, § 11, eff. Nov. 1, 1997. Amended by Laws 2004, c. 358, § 11, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-515.1. Size of property for sale.

A. In connection with any real estate transaction, the size or area, in square footage or otherwise, of the subject property shall not be required to be provided by any real estate licensee, and if provided, shall not be considered any warranty or guarantee of the size or area information, in square footage or otherwise, of the subject property.
B. 1. If a real estate licensee provides any party to a real estate transaction with third-party information concerning the size or area, in square footage or otherwise, of the subject property involved in the transaction, the licensee shall identify the source of the information.
2. For the purposes of this subsection, “third-party information” means:
a.
an appraisal or any measurement information prepared by a licensed appraiser,
b.
a survey or developer’s plan prepared by a licensed surveyor,
c.
a tax assessor's public record,
d.
a builder’s plan used to construct or market the property, or
e.
a plan, drawing or stated square footage provided by the owner or agent of the owner, as it relates to commercial buildings or structures for sale or for lease only. Commercial land shall be verified by one of the methods provided for in subparagraphs a through d of this paragraph.
C. A real estate licensee has no duty to the seller or purchaser of real property to conduct an independent investigation of the size or area, in square footage or otherwise, of a subject property, or to independently verify the accuracy of any third-party information as such term is defined in paragraph 2 of subsection B of this section.
D. A real estate licensee who has complied with the requirements of this section, as applicable, shall have no further duties to the seller or purchaser of real property regarding disclosed or undisclosed property size or area information, and shall not be subject to liability to any party for any damages sustained with regard to any conflicting measurements or opinions of size or area, including exemplary or punitive damages.
Added by Laws 2011, c. 212, § 1. Amended by Laws 2012, c. 107, § 1, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-515.2. Violation of duty to disclose source of information - Damages.

A. If a real estate licensee has provided any third-party information, as defined in paragraph 2 of subsection B of Section 1 of this act, to any party to a real estate transaction concerning size or area of the subject real property, a party to the real estate transaction may recover damages from the licensee in a civil action only when a licensee knowingly violates the duty to disclose the source of the information, as required in paragraph 1 of subsection B of Section 1 of this act.
B. The sole and exclusive civil remedy at common law or otherwise for a violation of paragraph 1 of subsection B of Section 1 of this act by a real estate licensee shall be an action for actual damages suffered by the party as a result of such violation and shall not include exemplary or punitive damages.
C. For any real estate transaction commenced after the effective date of this act, any civil action brought pursuant to this section shall be commenced within two (2) years after the date of transfer of the subject real property.
D. In any civil action brought pursuant to this section, the prevailing party shall be allowed court costs and reasonable attorney fees to be set by the court and collected as costs of the action.
E. A transfer of a possessory interest in real property subject to the provisions of this act may not be invalidated solely because of the failure of any person to comply with the provisions of this act.
F. The provisions of this act shall apply to, regulate and determine the rights, duties, obligations and remedies, at common law or otherwise, of the seller marketing his or her real property for sale through a real estate licensee, and of the purchaser of real property offered for sale through a real estate licensee, with respect to disclosure of third-party information concerning the subject real property’s size or area, in square footage or otherwise, and this act hereby supplants and abrogates all common law liability, rights, duties, obligations and remedies of all parties therefor.
Added by Laws 2011, c. 212, § 2.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-601. Creation - Status - Appropriation - Expenditures - Use of funds - Eligibility to recover.

A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Real Estate Commission to be designated "Oklahoma Real Estate Education and Recovery Fund". The fund shall consist of monies received by the Oklahoma Real Estate Commission as fees assessed for the Oklahoma Real Estate Education and Recovery Fund under the provisions of this act. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Oklahoma Real Estate Commission. The Oklahoma Real Estate Commission may invest all or part of the monies of the fund in securities offered through the "Oklahoma State Treasurer's Cash Management Program". Any interest or dividends accruing from the securities and any monies generated at the time of redemption of the securities shall be deposited in the Oklahoma Real Estate Education and Recovery Fund. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Real Estate Commission for the purposes specified in Section 858-605 of this title. Expenditures from said fund shall be made pursuant to the laws of this state and the statutes relating to the said Commission, and without legislative appropriation. Warrants for expenditures from said fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the said Commission and approved for payment by the Director of the Office of Management and Enterprise Services.
B. Monies in the fund shall be used to reimburse any claimant who has been awarded a judgment, subject to subsection C of this section, by a court of competent jurisdiction to have suffered monetary damages by an Oklahoma real estate licensee in any transaction for which a license is required under The Oklahoma Real Estate License Code because of an act constituting a violation of The Oklahoma Real Estate License Code.
C. In determining a claimant's eligibility to recover from the fund, the Commission may conduct an independent review of the merits, findings and damages involved in the underlying action and may conduct an evidentiary hearing to determine if a claim is eligible for recovery from the fund and the amount of damages awarded are due an act constituting a violation of The Oklahoma Real Estate License Code.
Added by Laws 1977, c. 182, § 6, eff. July 1, 1977. Amended by Laws 1992, c. 94, § 7, eff. July 1, 1992; Laws 1997, c. 105, § 1, eff. July 1, 1997; Laws 1998, c. 60, § 20, eff. Jan. 1, 1999; Laws 2005, c. 85, § 2, eff. Nov. 1, 2005; Laws 2012, c. 304, § 269.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-602. Additional fee - Disposition.

A. An additional, nonrefundable fee as promulgated by rule by the Commission shall be added to and payable with the license fee for both new licenses and renewals of licenses for each licensee as provided in Section 858-307.1 of this title. Such additional fee shall be deposited in the Oklahoma Real Estate Education and Recovery Fund.
B. If a license is issued for a period of less than thirty-six (36) months, such additional fee shall be prorated to the nearest dollar and month.
C. If a real estate sales associate or provisional sales associate shall qualify for a license as a real estate broker, the additional fee for the remainder of the term shall be prorated to the nearest dollar and month and credited to the additional fee added to and payable with the real estate broker license fee.
D. At the close of each fiscal year, the Commission shall transfer into the Oklahoma Real Estate Commission Revolving Fund any money in excess of that amount required to be retained in the Oklahoma Real Estate Education and Recovery Fund and that amount authorized to be expended as provided within this Code that is remaining in the Oklahoma Education and Recovery Fund and unexpended.
Added by Laws 1977, c. 182, § 7, eff. July 1, 1977. Amended by Laws 1980, c. 165, § 9, eff. July 1, 1981; Laws 1988, c. 324, § 2, operative July 1, 1988; Laws 1998, c. 60, § 21, eff. Jan. 1, 1999; Laws 2001, c. 235, § 6, eff. Aug. 1, 2001.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-603. Eligibility to recover from fund - Ineligibility.

A. Any claimant shall be eligible to seek recovery from the Oklahoma Real Estate Education and Recovery Fund if the following conditions have been met:
1. An action has been filed in district court based upon a violation specified in the Oklahoma Real Estate License Code;
2. The cause of action accrued not more than two (2) years prior to the filing of the action;
3. At the commencement of an action, the party filing the action shall immediately notify the Commission to this effect in writing and provide the Commission with a file-stamped copy of the petition or affidavit. Said Commission shall have the right to enter an appearance, intervene in, defend, or take any action it may deem appropriate to protect the integrity of the Fund. The Commission may waive the notification requirement if it determines that the public interest is best served by the waiver, that is to best meet the ends of justice and that the claimant making application made a good faith effort to comply with the notification requirements;
4. Final judgment is received by the claimant upon such action;
5. The final judgment is enforced as provided by statute for enforcement of judgments in other civil actions and that the amount realized was insufficient to satisfy the judgment; and
6. Any compensation recovered by the claimant from the judgment debtor, or from any other source for any monetary loss arising out of the cause of action, has been applied to the judgment awarded by the court.
B. A claimant shall not be qualified to make a claim for recovery from the Oklahoma Real Estate Education and Recovery Fund, if:
1. The claimant is the spouse of the judgment debtor or a personal representative of such spouse;
2. The claimant is a licensee who acted in their own behalf in the transaction which is the subject of the claim; or
3. The claimant’s claim is based upon a real estate transaction in which the claimant is, through their own action, jointly responsible for any resulting monetary loss with respect to the property owned or controlled by the claimant.
Added by Laws 1977, c. 182, § 8, eff. July 1, 1977. Amended by Laws 1988, c. 324, § 4, operative July 1, 1988; Laws 1991, c. 43, § 11, eff. July 1, 1993; Laws 1998, c. 60, § 22, eff. Jan. 1, 1999; Laws 2005, c. 85, § 3, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-605. Expenditure of funds.

At any time when the total amount of monies deposited in the Oklahoma Real Estate Education and Recovery Fund exceeds Two Hundred Fifty Thousand Dollars ($250,000.00), the Commission in its discretion may expend such excess funds each fiscal year for the following purposes:
1. To promote the advancement of education in the field of real estate for the benefit of the general public and those licensed under the Oklahoma Real Estate License Code, but such promotion shall not be construed to allow advertising of this profession;
2. To underwrite educational seminars and other forms of educational projects for the benefit of real estate licensees;
3. To establish real estate courses at institutions of higher learning located in the state and accredited by the State Regents for Higher Education for the purpose of making such courses available to licensees and the general public; and
4. To contract for a particular educational project in the field of real estate to further the purposes of the Oklahoma Real Estate License Code.
Amended by Laws 1983, c. 289, § 3, emerg. eff. June 24, 1983; Laws 1988, c. 324, § 6, operative July 1, 1988.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-622. Definitions.

As used in the Home Inspection Licensing Act:
1. "Board" means the Construction Industries Board;
2. "Committee" means the Committee of Home Inspector Examiners;
3. "Home inspection" means a visual examination of any or all of the readily accessible physical real property and improvements to real property consisting of four or fewer dwelling units, including structural, lot drainage, roof, electrical, plumbing, heating and air conditioning and such other areas of concern as are specified in writing to determine if performance is as intended;
4. "Home inspection report" means a written opinion of the functional and physical condition of property written by the licensed home inspector pursuant to home inspection; and
5. "Home inspector" means an individual licensed pursuant to the Home Inspection Licensing Act who, for compensation, conducts home inspections.
Added by Laws 2001, c. 423, § 2, eff. Nov. 1, 2001. Amended by Laws 2008, c. 405, § 1, emerg. eff. June 3, 2008.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-623. Exemptions.

A. On and after July 1, 2003, it shall be unlawful for an individual to conduct, for compensation, a home inspection or to advertise or otherwise hold themselves out to be in the business of home inspection in this state unless licensed pursuant to the Home Inspection Licensing Act.
B. The Home Inspection Licensing Act shall not apply to:
1. Individuals inspecting new residential construction;
2. Licensed architects engaged in the practice of architecture as defined and regulated by Section 46.1 et seq. of this title;
3. Individuals holding other occupational licenses who only do home inspections within the occupational confines of that license;
4. Government employees who perform inspections when acting within the scope of their employment; or
5. Persons regulated by the State Board of Agriculture who issue wood infestation reports as defined in Section 3-81 of Title 2 of the Oklahoma Statutes.
C. Any single-item inspection requested by a client, whether or not the item to be inspected is specifically included or excluded in the definition of home inspection pursuant to Section 858-622 of this title, may be performed by a professional craftsman whose expertise is in the specific area or by persons qualified by education or training to conduct that specific inspection. If a single-item that has been requested for inspection is an area of expertise that is licensed by the state, then that person conducting the inspection shall be licensed in respect to that particular area.
Added by Laws 2001, c. 423, § 3, eff. Nov. 1, 2001. Amended by Laws 2002, c. 449, § 1, emerg. eff. June 5, 2002; Laws 2004, c. 241, § 1, eff. Nov. 1, 2004; Laws 2009, c. 140, § 1, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-624. Committee of Home Inspector Examiners.

A. There is hereby created the Committee of Home Inspector Examiners under the authority of the Construction Industries Board, which shall consist of seven (7) members who have been residents of this state for at least three (3) years prior to their appointment. Each member shall be appointed by the Governor with the advice and consent of the Senate. Appointments shall be made so that not more than two members shall, at the time an appointment is made, be residents of the same congressional district; provided, no member shall be removed from office due solely to a reduction in the number of congressional districts.
B. Of the seven members:
1. Four of the initial appointees shall hold memberships in a state or national housing inspection association or foundation. After expiration of the terms of the initial appointees, four members shall be licensed home inspectors who are active full time in the practice of making home inspections, two or more of whom shall hold membership in an association that certifies home inspectors in this state;
2. One shall be a licensed real estate broker who is active full time in the real estate brokerage business;
3. One shall be a licensed real estate appraiser who is active full time in the real estate appraisal business; and
4. One shall be a lay person who is not involved in the property business, including, but not limited to, the leasing of commercial or residential property, and is not in the real estate business or home inspection business.
C. Initially, three members shall be appointed for a term to expire June 30, 2003; two members shall be appointed for a term to expire June 30, 2004; and two members shall be appointed for a term to expire June 30, 2005. Thereafter, all terms shall be three-year terms ending June 30.
D. Members shall serve until their successors are appointed and qualified. Vacancies shall be filled for the balance of an unexpired term by appointment of the Governor. Members may be removed by the Governor for good cause.
E. Members shall elect officers annually. The chair, or in the absence of the chair, the vice-chair, shall preside at all meetings of the Committee and shall perform such duties as the Committee shall prescribe. The Committee shall meet at least semiannually, and special meetings may be called by the chair or the designee of the chair. Four members shall constitute a quorum.
F. Members shall serve without compensation but shall be reimbursed in accordance with the State Travel Reimbursement Act.
G. Personnel and administrative support necessary for the Committee to exercise its powers and accomplish its duties shall be provided by the Construction Industries Board.
Added by Laws 2001, c. 423, § 4, eff. Nov. 1, 2001. Amended by Laws 2007, c. 188, § 21, eff. Nov. 1, 2007; Laws 2008, c. 405, § 2, emerg. eff. June 3, 2008; Laws 2013, c. 43, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-625. Fees.

Fees for the Home Inspection Licensing Act shall not exceed the following:
Approval fees for schools, instructors and home inspection organizations
$100.00
Approval fees for educational course content
$50.00
Application for license
$30.00
Licensure for reciprocity
$50.00
Examination fee
$200.00
License fee
$250.00
License renewal
$150.00
License reactivation
$50.00
Added by Laws 2001, c. 423, § 5, eff. Nov. 1, 2001. Amended by Laws 2002, c. 449, § 2, emerg. eff. June 5, 2002.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-626. Home Inspection Licensing Act Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Construction Industries Board, to be designated the "Home Inspection Licensing Act Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Board pursuant to the Home Inspection Licensing Act. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Board for the purpose of implementing and enforcing the Home Inspection Licensing Act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2001, c. 423, § 6, eff. Nov. 1, 2001. Amended by Laws 2008, c. 405, § 3, emerg. eff. June 3, 2008; Laws 2012, c. 304, § 270.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-627. Rule promulgation - Disciplinary measures - Injunctive relief and restraining orders.

A. The Committee of Home Inspector Examiners shall advise the Construction Industries Board in promulgating rules consistent with the purposes of the Home Inspection Licensing Act.
B. The Construction Industries Board shall promulgate rules including, but not limited to:
1. Qualifications and examinations for licensure of home inspectors;
2. License renewal requirements;
3. Reinstatement of license after suspension or revocation of license or failure to meet license renewal requirements;
4. Continuing education;
5. Standards of practice and prohibited acts;
6. Approval of schools, educational course content, instructors, and organizations offering courses of study for home inspection;
7. Standards required for schools, instructors, and organizations to remain approved;
8. Approval fees;
9. Reciprocity agreements whereby home inspectors licensed in other states with equal or greater licensure requirements may be licensed in this state, and fee for licensing by reciprocity; and
10. Investigative procedures.
C. Upon showing of good cause as provided for in the Home Inspection Licensing Act, the Board shall discipline licensees, approved instructors, approved schools, and educational organizations by:
1. Issuing reprimands;
2. Requiring probation for a specified period of time;
3. Requiring education in addition to the educational requirements provided for licensure or continuing education;
4. Suspending licenses or approvals;
5. Rescinding or revoking licenses or approvals;
6. Imposing administrative fines as provided for by the Home Inspection Licensing Act;
7. Any combination of disciplinary measures as provided by paragraphs 1 through 6 of this subsection; and
8. Upon showing of good cause, may modify any disciplinary action imposed pursuant to the provisions of the Home Inspection Licensing Act.
D. The Committee may advise the Board to seek injunctive relief and restraining orders for violations of the Home Inspection Licensing Act or the rules promulgated pursuant thereto to cause the prosecution of any person who violates any of the provisions of the Home Inspection Licensing Act or the rules promulgated pursuant thereto.
E. In the exercise of all powers and the performance of all duties provided in the Home Inspection Licensing Act, the Committee and the Board shall comply with the Administrative Procedures Act, the Oklahoma Open Meeting Act, and the Oklahoma Open Records Act.
Added by Laws 2001, c. 423, § 7, eff. Nov. 1, 2001. Amended by Laws 2008, c. 405, § 4, emerg. eff. June 3, 2008.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-628. Home inspection instruction.

A. The Committee of Home Inspector Examiners shall not approve any school of home inspection instruction until it has received and examined the curriculum, syllabi or program of instruction of the school or organization conducting or offering the instruction.
B. Nothing in the Home Inspection Licensing Act shall be construed as relieving a school of home inspection from responsibility for compliance pursuant to law with the requirements of any other agency.
Added by Laws 2001, c. 423, § 8, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-629. Home inspector examination - Application and qualifications - Issuance of license.

A. Any individual eighteen (18) years of age or older who has successfully completed ninety (90) clock hours of home inspection training or its equivalent as determined by the Committee of Home Inspector Examiners may apply to take a home inspector examination. Application shall be made on forms prescribed by the Construction Industries Board, shall contain information as required by the Construction Industries Board upon advisement of the Committee, and shall be accompanied by evidence of successful completion of the required training. Examinations may be held in vocational and technical schools or in other locations as determined by rule.
B. If, from the application filed, answers to inquiries, complaints, or information received, or investigation, it appears to the Board that the applicant is not qualified, the Committee shall deny approval of the application and shall give notice of that fact to the applicant.
C. Upon approval of the application and the payment of the applicant of an examination fee, the applicant shall be scheduled to appear in person for an examination on the subjects prescribed by the Committee.
D. If the Board determines that the applicant has successfully passed the examination or an equivalent examination as determined by the Committee, the Board shall, upon the payment of the license fee and submission of other documents as required by the Home Inspection Licensing Act or rules promulgated pursuant to the Home Inspection Licensing Act, issue to the applicant a license which shall authorize the applicant to perform home inspections.
Added by Laws 2001, c. 423, § 9, eff. Nov. 1, 2001. Amended by Laws 2002, c. 449, § 3, emerg. eff. June 5, 2002; Laws 2008, c. 405, § 5, emerg. eff. June 3, 2008; Laws 2009, c. 140, § 2, eff. Nov. 1, 2009; Laws 2019, c. 363, § 36, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-630. Documentation and fees - Issuance, renewal and reactivation of license - Insurance.

To be licensed as a home inspector, or to renew or reactivate a license, an applicant shall submit to the Construction Industries Board such documents and fees as are required by the Home Inspection Licensing Act or the rules promulgated pursuant thereto and shall provide evidence of having secured a certificate of general liability insurance in the amount required by rule. The amount of the certificate of general liability insurance required shall not be less than Fifty Thousand Dollars ($50,000.00).
Added by Laws 2001, c. 423, § 10, eff. Nov. 1, 2001. Amended by Laws 2008, c. 405, § 6, emerg. eff. June 3, 2008.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-631. License term - Continuing education requirement - Inactive status.

A. The license term for a home inspector shall be one (1) year. The license shall expire twelve (12) months from the date of issuance. The license fee and each renewal or reactivation thereafter shall be payable in advance, which shall not be refundable.
B. As a condition of license renewal or reactivation, each home inspector shall submit to the Construction Industries Board evidence of having attended eight (8) clock hours of continuing education within the twelve (12) months immediately preceding the term for which the license is to be issued. Except as otherwise provided for in this section, the Board shall not issue a renewal license or reactivate a license unless the continuing education requirement set forth in this section is satisfied within the prescribed time period.
C. Any licensee who fails to renew before the license expiration date shall be required to submit to such additional requirements or penalties, or both, as the Board may require pursuant to rule.
D. The Construction Industries Board may place the license of a home inspector on inactive status when the licensee gives sufficient reason; however, such status shall not relieve the licensee from paying the required fees. Continuing education shall not be required during the period a license is on inactive status. Prior to the license being placed on an active status, the licensee shall be required to complete the eight-hour continuing education requirement. If the holder of the inactive license has been in the military service during the entire time of inactive license status, only eight (8) clock hours of continuing education and the license fee shall be required for the reactivation of the license.
Added by Laws 2001, c. 423, § 11, eff. Nov. 1, 2001. Amended by Laws 2008, c. 405, § 7, emerg. eff. June 3, 2008; Laws 2009, c. 140, § 3, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-632. Criminal actions - Injunctions or restraining orders.

A. In addition to any other penalties provided by law, any individual unlicensed pursuant to the Home Inspection Licensing Act who shall willfully and knowingly violate any provision of the Home Inspection Licensing Act shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.
B. In addition to any civil or criminal actions authorized by law, the Attorney General, or a district attorney may apply to the district court in the county in which a violation of the Home Inspection Licensing Act has allegedly occurred for an order enjoining or restraining the unlicensed individual from continuing the acts specified in the complaint. The court may grant any temporary or permanent injunction or restraining order, without bond, as it deems just and proper.
Added by Laws 2001, c. 423, § 12, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-634. Administrative fines.

A. The Committee may impose administrative fines on any licensee licensed pursuant to the Home Inspection Licensing Act. Fines may be imposed as follows:
1. Any administrative fine imposed as a result of a violation of the Home Inspection Licensing Act or rules promulgated pursuant thereto shall not:
a.
be less than Two Hundred Dollars ($200.00) and shall not exceed Two Thousand Dollars ($2,000.00) for each violation, or
b.
exceed Five Thousand Dollars ($5,000.00) for all violations resulting from a single inspection;
2. All administrative fines shall be paid within thirty (30) days of written notification to the licensee of the order imposing the administrative fine or, if the licensee appeals the fine, within thirty (30) days of the decision of the Construction Industries Board in favor of the action of the Board unless the district court stays the order of the Board pending an appeal pursuant to the Administrative Procedures Act;
3. The Board may suspend the license until any fine imposed upon the licensee is paid; and
4. If fines are not paid in full by the licensee as required by this subsection, the Board shall revoke the license.
B. The administrative fines authorized by this section may be imposed in addition to any other criminal penalties or civil actions provided for by law.
Added by Laws 2001, c. 423, § 14, eff. Nov. 1, 2001. Amended by Laws 2008, c. 405, § 9, emerg. eff. June 3, 2008.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-701. Legislative intent - Purpose of act.

It is the intent of the Legislature to develop a real estate appraiser certification process which meets the federal guidelines set forth in the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. The purpose of the Oklahoma Certified Real Estate Appraisers Act is to provide appraisers within the state a process for certification which will allow them to participate in a federally related transaction and real estate-related financial transactions of the agencies, instrumentalities and federally recognized entities as defined and recognized in Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. It is not the intent of this legislation to prevent any person who is currently conducting business as an appraiser from continuing such action unless such action involves a federally related transaction or a real estate-related financial transaction as defined in Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
Added by Laws 1990, c. 327, § 2, emerg. eff. May 31, 1990. Amended by Laws 1996, c. 318, § 6, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-702. Application of act.

A. This act shall only apply to:
1. Any appraisal or appraiser involving the following:
a.
a federally related transaction,
b.
real estate-related financial transactions of the agencies, instrumentalities, and federally recognized entities covered by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and
c.
any real estate-related transactions where an appraisal report was made under a written agreement that the appraisal report would follow the Uniform Standards of Professional Appraisal Practice guidelines or where a written appraisal states that it is in compliance with the Uniform Standards of Professional Appraisal Practice; and
2. Appraisers certified or licensed pursuant to the Oklahoma Certified Real Estate Appraisers Act or representing themselves as such, whether such license or certification is active, inactive, expired, suspended, or revoked as set forth in this act and the rules and regulations promulgated pursuant thereto, to the extent that the appraisers and any real property valuation and any real property valuation activity performed by them shall conform to the code of ethics as set forth in this act.
B. Certified public accountants, licensed in the states or other U.S. jurisdictions, who perform appraisals of real estate incidental to the performance of professional services they provide to clients are excluded from the licensing and certification provisions of the Oklahoma Certified Real Estate Appraisers Act unless the appraisal is a federally related transaction or a real estate-related financial transaction of the agencies, instrumentalities and federally recognized entities covered by the Financial Institutions, Reform, Recovery and Enforcement Act of 1989.
Added by Laws 1990, c. 327, § 3, emerg. eff. May 31, 1990. Amended by Laws 1996, c. 318, § 7, eff. July 1, 1996; Laws 2006, c. 165, § 1, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-704. Use of term "state certified" – Injunctive proceedings.

A. No person, other than a trainee, state licensed, state certified residential or state certified general real estate appraiser, shall assume or use that title or any title, designation, or abbreviation likely to create the impression of certification as a real estate appraiser by this state. A person who is not certified pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act shall not describe or refer to any appraisal or other evaluation of real estate located in this state by using the term "state certified".
B. Violation of subsection A of this section, including using or attempting to use the seal, certificate, or license of another as their own, or falsely impersonating any duly licensed appraiser, or using or attempting to use an inactive, expired, suspended, or revoked license, is declared to be adverse to the public welfare, to constitute a public nuisance, and to cause irreparable harm to the public welfare. The Real Estate Appraiser Board, through the Attorney General, or the local district attorney may maintain an action for injunctive relief in the district court in the county in which a violation of this section is alleged to have occurred to enjoin any person from engaging in such practice.
C. Upon the filing of a verified petition in a district court, the court, if satisfied by affidavit or otherwise that a person has been engaged in the practice of real estate appraisal without a valid license, may enter a temporary restraining order without notice or bond enjoining the defendant from further practice. The showing of the absence of a valid, active, unexpired license, by affidavit or otherwise, is sufficient for the issuance of a temporary injunction. If it is established that the defendant has been or is engaged in violation of subsection A of this section, the court may enter an order or judgment perpetually enjoining the defendant from further unlawful acts. In all proceedings under this section, the court, in its discretion, may apportion the costs among the parties interested in the action, including the cost of filing the complaint, service of process, witness fees and expenses, court-reported charges, and reasonable attorney fees. These injunctive proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided in the Oklahoma Certified Real Estate Appraisers Act.
D. This act is hereby deemed to be voluntary on the part of those who apply to become trainee, state licensed, state certified residential or state certified general real estate appraisers. Users of appraisals may determine, by their own discretion or by guidelines, whether or not to use a trainee, state licensed, state certified residential or state certified general real estate appraiser.
Added by Laws 1990, c. 327, § 5, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 2, eff. Sept. 1, 1991; Laws 1992, c. 132, § 2, eff. Sept. 1, 1992; Laws 2001, c. 280, § 2, eff. July 1, 2001; Laws 2006, c. 165, § 3, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-705. Real Estate Appraiser Board - Members - Appointment - Qualifications - Terms - Removal - Meetings - Chairperson - Quorum.

A. There is hereby established as an adjunct to the Department an independent Real Estate Appraiser Board which shall consist of seven (7) regular members and one ex officio member. The ex officio member shall be the Insurance Commissioner. The seven regular members shall be as follows: one from the commercial banking industry; one of whom shall be a layperson; one of whom shall be in the real estate sales industry; and four of whom shall be real estate appraisers with no nationally recognized real estate appraisal organization having more than two members on the Board.
B. The Governor shall appoint the members of the Real Estate Appraiser Board.
C. Each real estate appraiser member of the Board appointed after July 1, 1991, or within twenty-four (24) months of the effective date of this act, whichever occurs first, must be a state licensed, state certified residential or state certified general real estate appraiser.
D. The term of each member shall be five (5) years; except that of the members first appointed, two shall serve for one (1) year, two shall serve for two (2) years, one shall serve for three (3) years, one shall serve for four (4) years, and one shall serve for five (5) years.
E. Members of the Board shall hold office until the appointment and qualification of their successors. No person shall serve as a member of the Board for more than two consecutive terms. The Governor may remove a member for inefficiency, neglect of duty, or malfeasance in office. The member shall be given notice and an opportunity to be heard prior to removal.
F. The Board shall meet at least once each calendar quarter to conduct its business. Written notice shall be given to each member of the time and place of each meeting of the Board at least ten (10) days before the scheduled date of the meetings.
G. The members of the Board shall elect a vice-chairperson from among the members to preside at Board meetings when the chairperson is absent.
H. A quorum of the Board shall be five members.
Added by Laws 1990, c. 327, § 6, emerg. eff. May 31, 1990. Amended by Laws 1991, c. 271, § 3, eff. Sept. 1, 1991; Laws 1992, c. 132, § 3, eff. Sept. 1, 1992; Laws 1996, c. 318, § 8, eff. July 1, 1996; Laws 2001, c. 280, § 3, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-705.1. Board – Ex-officio Chairperson - Duties.

A. In addition to the seven (7) appointed members of the Board, the Insurance Commissioner shall serve as ex-officio Chairperson of the Board, voting only in case of a tie.
B. As Chairperson, the Insurance Commissioner, in addition to his duties prescribed by law as Insurance Commissioner on September 1, 1991, shall be required to perform the following duties, for which duties he shall be paid an additional Twelve Thousand Dollars ($12,000.00) annually, payable monthly from appropriations made to the Insurance Department:
1. Keep records of the proceedings of the Board;
2. Call special meetings of the Board when in the judgment of the chairperson it is necessary or proper to do so;
3. Procure appropriate examination questions and answers which shall meet criteria established by the Appraisal Qualifications Board of the Appraisal Foundation and approved by the Board;
4. Prepare and file an annual report with the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Governor detailing the number of applicants for the examination and the pass/fail rate;
5. Establish and maintain a recordkeeping system approved by the Board to monitor compliance with the continuing education requirements imposed by law;
6. Make recommendations to the Board concerning the establishment of administrative procedures for conducting disciplinary proceedings pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act;
7. Develop a procedure approved by the Board whereby persons aggrieved by the actions of a licensed or certified appraiser may file complaints with the Board;
8. Annually compile and file a report with the Speaker of the House of Representatives, President Pro Tempore of the Senate and the Governor detailing the number of complaints received by the Board, the resulting number of investigations and hearings conducted and the final disposition of these matters;
9. Prepare and file a report with the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Governor evaluating the impact of the voluntary licensure/certification program on future appraisers and recommend whether an appraiser trainee or apprenticeship program should be instituted; and
10. Submit to the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Governor on or before January 1, 1994, a report evaluating the impact of the licensure/certification requirements imposed by the Oklahoma Certified Real Estate Appraisers Act on the appraiser and banking industry and include in the report any recommendations for amendments to the Oklahoma Certified Real Estate Appraisers Act.
Added by Laws 1991, c. 271, § 4, eff. Sept. 1, 1991. Amended by Laws 2019, c. 90, § 1, eff. Nov. 1, 2019; Laws 2021, c. 298, § 2, eff. July 1, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-858-707. Powers and duties of Insurance Department.

The Insurance Department shall have the following powers and duties:
1. The Department shall provide administrative support for the Board including, but not limited to, office space, equipment and furnishings, IT support, payroll and employee benefit administration and processing, and travel and expense reimbursement, and shall manage the Board's funds at the direction of the Board. The Insurance Department shall be entitled to reimbursement for the annual cost of providing administrative support. Upon invoice and a written directive of any expenditure approved by the Director, the Insurance Department shall process and make payment for the expenditure from Board funds within fifteen (15) business days of receipt of the written directive from the Board. All other Board-directed expenditures shall be processed according to Insurance Department policy;
2. To receive application for Oklahoma certification;
3. To establish the administrative procedures for processing applications for Oklahoma certification;
4. To maintain a registry of the names and addresses of people certified pursuant to the provisions of the Oklahoma Certified Real Estate Appraisers Act and transmit such registry to the Appraisal Subcommittee;
5. To retain records and all application materials submitted to it; and
6. To assist the Board in such other manner as may be requested.
Added by Laws 1990, c. 327, § 8, emerg. eff. May 31, 1990. Amended by Laws 2021, c. 298, § 4, eff. July 1, 2021.