reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 695 - Watch Dealers › Section 695.220 - Secondhand watch tag requirement.

Any person who sells, exchanges, offers to sell or exchange, exposes for sale or exchange, or possesses with intent to sell or exchange, a secondhand watch, shall affix and keep affixed to the same a tag with the words "secondhand" legibly written or printed thereon in the English language.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 695 - Watch Dealers › Section 695.230 - Delivery of invoice to vendee; contents; duplicate invoice.

Any person who sells a secondhand watch shall deliver to the vendee a written invoice setting forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker, and the serial numbers, if any, or other distinguishing numbers or identification marks on its case and movement. If the serial numbers, or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered, this shall be set forth in the invoice. A duplicate of the invoice shall be kept on file by the vendor of the secondhand watch for at least one year from the date of the sale thereof.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.007 - Statement of legislative purpose.

(1) The Sixty-second Legislative Assembly recognizes that notwithstanding amendments made to ORS chapter 696 by sections 9, 17, 19, 23, 25, 27 to 30, 32 and 40 to 43, chapter 649, Oregon Laws 1977, section 40, chapter 617, Oregon Laws 1981, and amendments made to ORS chapter 656 by chapter 864, Oregon Laws 1979, section 1, chapter 725, Oregon Laws 1981, and section 4, chapter 854, Oregon Laws 1981, agencies of this state are uncertain regarding application to real estate licensees of statutes of this state relating to employers and employees. This section and ORS 316.209 and 656.037 are enacted to eliminate that uncertainty, to reaffirm the legislative intent of the enactments cited in this section and to conform Oregon law to parallel provisions of the Internal Revenue Code.
(2) Nothing in this section and ORS 316.209 and 656.037 shall be construed to impair or invalidate any claim of refund or defense against collection of any tax, which claim or defense is asserted by a taxpayer who has services performed by an individual who does not meet the requirements of ORS 316.209. [1983 c.597 §1]
Note:
696.007 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 696 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.015 - Legislative finding; short title.

(1) The Legislative Assembly finds the activity of persons seeking to assist others, for compensation, to deal in real estate in this state to be a matter of public concern. The provisions of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870, 696.990 and 696.995 are enacted to assist in creating for the public a healthy real estate market atmosphere and to assure that professional real estate activity is conducted with high fiduciary standards.
(2) ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870, 696.990 and 696.995 may be cited as the Oregon Real Estate License Law. [1977 c.649 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.020 - License required for individuals engaged in professional real estate activities; exception; rules.

(1) The Real Estate Agency may issue a real estate license only to an individual.
(2) An individual may not engage in, carry on, advertise or purport to engage in or carry on professional real estate activity, or act in the capacity of a real estate licensee, within this state unless the individual holds an active license as provided for in this chapter.
(3) Real estate brokers and principal real estate brokers are bound by and subject to the requirements of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870, 696.990 and 696.995 while:
(a) Engaging in professional real estate activity; or
(b) Acting on the licensee’s own behalf in the sale, exchange, lease option or purchase of real estate or in the offer or negotiations for the sale, exchange, lease option or purchase of real estate.
(4) A real estate licensee is bound by and subject to the requirements of ORS 696.010 to 696.495, 696.600 to 696.785, 696.890, 696.990 and 696.995 while engaging in the management of rental real estate.
(5) The agency by rule may establish provisions for a nonlicensed individual whose license is inactive or suspended and who acts on the licensee’s own behalf in the sale, exchange, lease option or purchase of real estate or in the offer or negotiations for the sale, exchange, lease option or purchase of real estate. [Amended by 1969 c.674 §1; 1975 c.746 §1a; 1977 c.649 §10; 1981 c.617 §2a; 2007 c.319 §4; 2013 c.145 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.024 - Payments due and owing to Real Estate Agency.

To qualify for a real estate license under ORS 696.022 or to renew an active or inactive real estate license, the applicant must make full payment of any unpaid moneys due and owing to the Real Estate Agency, including any unpaid civil penalties assessed under a final order of the Real Estate Commissioner. [2001 c.300 §15]
Note:
See note under 696.022.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.040 - Single act sufficient to constitute professional real estate activity.

One act or transaction of professional real estate activity is sufficient to constitute engaging in professional real estate activity, within the meaning of this chapter. [Amended by 1955 c.322 §8; 1977 c.649 §12]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.110 - Exclusive nature of regulation of real estate licensees.

The provisions of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 and 696.995 shall be exclusive and no political subdivision or agency of this state shall require or issue any license or charge any fee for licensing or regulation of individuals licensed under ORS 696.022. Nothing in this section shall limit the authority of a county, city or town to levy and collect a general and nondiscriminatory license fee upon all businesses in the county, city or town or to levy a tax based upon the business conducted by any licensee or firm within the county, city or town. [Amended by 1955 c.322 §11; 1961 c.309 §3; 1965 c.617 §2; 1975 c.746 §1b; 2001 c.300 §12; 2007 c.319 §22]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.125 - Limited license.

(1) The Real Estate Commissioner may issue a limited license to an applicant for a license as a real estate broker, principal real estate broker or real estate property manager if the commissioner determines that the issuance is in the public interest. The commissioner may limit a license issued under this section:
(a) By term;
(b) To acts subject to the supervision of a specific principal real estate broker;
(c) By conditions to be observed in the exercise and the privileges granted; or
(d) In other ways determined by the commissioner as necessary or appropriate to protect the public.
(2) A limited license issued under this section may be renewed as provided by the commissioner by rule. A limited license may be suspended or revoked, or the real estate licensee may be reprimanded, by the commissioner on the grounds set out in ORS 696.301 or for failure to comply with the limitations of the license. [2009 c.224 §3; 2011 c.158 §14; 2017 c.234 §8]
Note:
696.125 was added to and made a part of 696.010 to 696.495 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.130 - Effect of revocation of license; limited license.

(1)(a) If the license of a real estate broker or principal real estate broker is revoked by the Real Estate Commissioner on grounds related to professional real estate activity other than the management of rental real estate, the commissioner may not issue a new license until the individual complies with the provisions of ORS 696.010 to 696.495, 696.600 to 696.785 and 696.800 to 696.870.
(b) If the license of a licensed real estate property manager is revoked by the commissioner, or if the license of a real estate broker or principal real estate broker is revoked by the commissioner, on grounds related to the management of rental real estate, the commissioner may not issue a new license until the individual complies with the provisions of ORS 696.010 to 696.495, 696.600 to 696.785 and 696.890.
(2) Notwithstanding subsection (1) of this section, the commissioner may issue the individual a limited license if, in the discretion of the commissioner, it is in the public interest to do so. The commissioner may limit a license issued under this subsection:
(a) By term;
(b) To acts subject to the supervision of a specific principal real estate broker; or
(c) By conditions to be observed in the exercise and the privileges granted.
(3) A limited license issued under this section may be renewed as provided by the commissioner by rule. A limited license may be suspended or revoked, or the licensee may be reprimanded, by the commissioner on the grounds set out in ORS 696.301. [Amended by 1955 c.322 §12; 1969 c.674 §4; 1973 c.416 §4; 1975 c.746 §6; 1977 c.191 §2; 1977 c.649 §19; 1981 c.617 §7; 1987 c.611 §15; 1991 c.5 §30; 2001 c.300 §13; 2003 c.398 §8; 2013 c.145 §7; 2017 c.234 §9]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.174 - License renewal; reactivation; continuing education courses; rules.

(1) To renew an active license or to reactivate a license for the first time since the license was renewed to an inactive status, a real estate licensee must complete 30 hours of real estate continuing education courses that are eligible for credit under ORS 696.182 during the two years preceding the renewal or reactivation. The 30 hours must include:
(a) At least three hours in a course approved by the Real Estate Board on state and federal fair housing laws and recent changes in real estate rule and law; and
(b)(A) If the real estate broker is renewing an active license for the first time or reactivating a license for the first time since renewing the license to an inactive status, an advanced course in real estate practices approved by the Real Estate Agency;
(B) If a licensed real estate property manager is renewing an active license for the first time or reactivating a license for the first time since renewing the license to an inactive status, an advanced course in property management practices approved by the agency; or
(C) If a principal real estate broker is renewing an active license for the first time or reactivating a license for the first time since renewing the license to an inactive status, an advanced course in brokerage practices approved by the agency.
(2) The agency, in consultation with real estate professionals and educators, shall develop a reporting format to ensure that a real estate licensee has completed the number of hours required by subsection (1) of this section. The reporting format must include:
(a) The date, name and length of time of each course attended;
(b) The name of the real estate continuing education provider that offered the course;
(c) The name of the instructor who taught the course; and
(d) Any other information that the agency requires by rule.
(3) The agency may waive any portion of the requirements of this section for a real estate licensee who submits satisfactory evidence that poor health or other circumstances beyond the real estate licensee’s control prevented the real estate licensee from attending part or all of the continuing education courses required by subsection (1) of this section. [1969 c.674 §11; 1973 c.416 §6; 1977 c.649 §25; 1981 c.617 §9; 1983 c.359 §1; 1987 c.611 §19; 1989 c.724 §6; 1991 c.5 §33; 1995 c.335 §1; 2001 c.300 §14; 2009 c.324 §4; 2009 c.502 §2; 2011 c.158 §§11,12; 2017 c.234 §10; 2018 c.92 §1; 2021 c.161 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.182 - Continuing education; rules.

(1) The Real Estate Agency, with advice from real estate professionals and educators, shall establish by rule a system for certification and renewal of real estate continuing education providers.
(2) The agency shall include in the rules that an applicant for certification under this section must be:
(a) A main office or branch office, with a registered business name as provided under ORS 696.026, of a licensed real estate property manager or principal real estate broker;
(b) A licensed title or escrow company conducting business in this state;
(c) A real estate trade association or a trade association in a related field;
(d) A real estate multiple listing service;
(e) An attorney who is an active member of the Oregon State Bar;
(f) A law firm, in which at least one of the attorneys associated with the law firm is an active member of the Oregon State Bar;
(g) A private career school licensed by the Higher Education Coordinating Commission and approved by the agency to provide the basic real estate broker’s or property manager’s educational courses required under ORS 696.022;
(h) An accredited community college, an accredited public university listed in ORS 352.002 or a private and independent institution of higher education as defined in ORS 350.635;
(i) A distance learning provider as provided by rule of the agency; or
(j) Another provider approved by the Real Estate Board.
(3) The Real Estate Agency may provide continuing education without being certified under this section.
(4) The agency, in consultation with real estate professionals and educators, shall provide by rule:
(a) A broad list of course topics that are eligible for continuing education credit required by ORS 696.174; and
(b) Learning objectives for each course topic.
(5) The list of course topics developed by the agency under subsection (4) of this section must allow for changes in the real estate profession.
(6) The minimum length of each course is one hour. A continuing education provider or course instructor may allow a break of no more than 10 minutes for each hour of instruction. [2009 c.502 §4; 2011 c.158 §9; 2011 c.637 §288; 2012 c.104 §46; 2017 c.234 §11]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.184 - Duties of continuing education provider; rules.

(1) A real estate continuing education provider shall:
(a) Ensure that the courses offered by the continuing education provider meet the learning objectives adopted under ORS 696.182 (4)(b);
(b) Ensure that instructors who teach a real estate continuing education course meet the requirements set forth in ORS 696.186; and
(c) Keep records of each course offered, for at least three years, in a manner and form prescribed by the Real Estate Agency by rule.
(2) Records maintained under this section must be open at all times for inspection by the Real Estate Commissioner or the commissioner’s authorized representatives. Upon request by the commissioner, a real estate continuing education provider must produce records within 15 business days after the date of the request.
(3) The agency may require by rule a real estate continuing education provider to submit a record maintained under this section to the agency electronically.
(4) The agency may prescribe by rule terms and conditions under which a real estate continuing education provider may maintain records outside this state. [2009 c.502 §5; 2013 c.145 §11]
Note:
See note under 696.182.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.186 - Qualifications of continuing education instructors; rules.

(1) A person must have one of the following qualifications to teach a real estate continuing education course that is eligible for credit required under ORS 696.174:
(a) A bachelor’s degree and two years of experience working in a field related to the topic of the course;
(b) Six years of experience working in a field related to the topic of the course;
(c) A total of six years of any combination of college-level coursework and experience working in a field related to the topic of the course;
(d) A designation by a professional real estate organization as determined by rule of the Real Estate Agency and two years of college-level coursework;
(e) A designation by an association of real estate educators of competency as an instructor; or
(f) Certification or approval in good standing as a real estate instructor for the same or a similar course topic in any other state or jurisdiction.
(2) Notwithstanding subsection (1) of this section, a person may not teach a real estate continuing education course if the person:
(a) Has had a professional or occupational license related to the topic of the course revoked for disciplinary reasons, or has a professional or occupational license related to the topic of the course that is currently suspended for disciplinary reasons; or
(b) Has been determined by a state court or an administrative law judge to have violated any statute, rule, regulation or order pertaining to real estate activity in this or any other state in the preceding five years.
(3) Before a person teaches a course for a real estate continuing education provider, the continuing education provider shall require the person to sign a form in which the person attests to:
(a) Meeting one of the qualifications described in subsection (1) of this section; and
(b) Not being disqualified from teaching a course for reasons described in subsection (2) of this section.
(4) The agency, with the advice of real estate professionals and educators, shall prescribe by rule the content of the form described in subsection (3) of this section. [2009 c.502 §6; 2013 c.145 §12]
Note:
See note under 696.182.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.200 - Main office; branch offices; change of business location.

(1) A licensed real estate property manager or principal real estate broker shall:
(a) Establish and maintain in this state a place of business designated as the real estate licensee’s main office;
(b) Register the main office with the Real Estate Agency under a registered business name as provided in ORS 696.026;
(c) Designate the main office by a sign that contains the name under which the real estate licensee conducts professional real estate activity as provided in ORS 696.026; and
(d) Before changing a main office location, notify the agency of the new location on a form approved by the agency.
(2) The change of a business location without notification to the agency as required by subsections (1) and (5) of this section is grounds for revocation of a real estate license.
(3) The place of business of a principal real estate broker or licensed real estate property manager must be specified in the application for a registered business name or branch office.
(4) A principal real estate broker or licensed real estate property manager may:
(a) Establish and maintain one or more branch offices as separate business locations under the control and supervision of a licensed real estate property manager or principal real estate broker; and
(b) Conduct and supervise the professional real estate activity of more than one office, whether a main office or a branch office.
(5) A licensed real estate property manager or principal real estate broker shall:
(a) Register each branch office with the agency under a registered business name as provided in ORS 696.026;
(b) Designate each branch office by a sign that contains the name under which the real estate licensee conducts professional real estate activity as provided in ORS 696.026; and
(c) Before changing a branch office location, notify the agency of the new location on a form approved by the agency.
(6) Upon vacating a main office or branch office location, the licensed real estate property manager or principal real estate broker shall ensure that the sign containing the registered business name is removed from the location.
(7) A licensed real estate property manager or principal real estate broker may not display any name at a main office or branch office other than the registered business name under which the real estate licensee conducts professional real estate activity. [Amended by 1955 c.322 §14; 1961 c.471 §3; 1965 c.367 §1; 1973 c.416 §7; 1975 c.746 §14; 1977 c.649 §29; 1979 c.823 §1; 1981 c.617 §10; 1989 c.532 §7; 2001 c.300 §16; 2003 c.398 §9; 2005 c.116 §5; 2009 c.224 §4; 2011 c.158 §7; 2017 c.234 §12]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.205 - Death or incapacity of sole principal real estate broker or sole licensed real estate property manager; temporary license; rules.

(1) If a real estate licensee who is the sole principal real estate broker or sole licensed real estate property manager of a registered business name dies or becomes incapacitated, the Real Estate Commissioner may issue a temporary license to the executor, administrator or personal representative of the estate of the deceased real estate licensee or to the court-appointed fiduciary of the incapacitated real estate licensee, or to some other individual designated by the commissioner. The commissioner shall determine whether the temporary licensee may continue to conduct the professional real estate activity of the real estate licensee or may wind up the affairs of the real estate licensee. The term of a temporary license issued under this section may not exceed one year from the date of issuance unless the commissioner, in the discretion of the commissioner, extends the term of the temporary license based on sufficient cause provided by the temporary licensee to the commissioner.
(2) The Real Estate Agency may adopt administrative rules to administer this section or to authorize an individual to conduct or wind up the professional real estate activity on behalf of the deceased or incapacitated principal real estate broker or licensed real estate property manager. [1975 c.746 §7; 2001 c.300 §17; 2005 c.116 §6; 2007 c.319 §8; 2009 c.324 §3; 2017 c.234 §13]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.232 - License status of employee of agency; reissuance upon termination of employment.

(1) The license status of a real estate licensee employed by the Real Estate Agency shall be placed on hold at the time that the real estate licensee commences employment with the agency. At the termination of the employment, the license may be returned to the real estate licensee as an active or inactive license. The agency shall activate a license placed on hold without payment of further fee, and the license expires on the date on which it would have expired if the license had not been placed on hold.
(2) During the time of employment at the agency, the employee may not conduct professional real estate activity.
(3) Except as stated in subsection (1) of this section, the real estate licensee is subject to the provisions of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 and 696.995. [1975 c.746 §16; 1977 c.649 §35; 1983 c.258 §6; 2001 c.300 §63; 2005 c.116 §7; 2017 c.234 §14]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.243 - Substituting copy for original canceled check allowed; electronic fund transfers.

(1) Any principal real estate broker, licensed real estate property manager or escrow agent who is required by the Real Estate Commissioner to maintain the canceled checks used to disburse moneys from the real estate licensee’s clients’ trust account may substitute a copy of the original canceled check, if the copy is provided by a bank and is produced by optical imaging or other process that accurately reproduces the original or forms a durable medium for reproducing the original, and the copy is at least 300 dots per inch in quality.
(2) A principal real estate broker, licensed real estate property manager or escrow agent may use electronic fund transfers for the deposit into or for withdrawal from a clients’ trust account established under ORS 696.241 or 696.578, if the bank provides to the real estate licensee an accurate paper record of the deposits and withdrawals.
(3) As used in subsection (2) of this section, "electronic fund transfer" has the meaning set forth in section 903 of the Electronic Transfer Act (P.L. 90-321, 15 U.S.C. 1693a). [1995 c.760 §4; 2001 c.300 §22; 2017 c.234 §16]
Note:
696.243 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 696 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.254

[1989 c.916 §7; 1991 c.716 §4; 1993 c.744 §176; repealed by 1997 c.801 §37]
(Nonresident and Reciprocal
Real Estate Broker
and Salesperson Licensing)
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.255 - Nonresident license equivalent to appointment of commissioner as agent for service of process; service on commissioner; fee.

(1) The acceptance by a nonresident of a real estate license shall be considered equivalent to an appointment by the nonresident of the Real Estate Commissioner as the nonresident licensee’s true and lawful attorney, upon whom may be served any lawful summons, process or pleading in any action or suit against the nonresident licensee in any court of this state, arising out of any business done by the nonresident licensee as a real estate licensee in this state. The acceptance shall be considered equivalent to an agreement by the nonresident licensee that any summons, process or pleading so served shall be of the same legal force and validity as if served on the nonresident licensee personally in this state.
(2) If it appears by the certificate of the sheriff of the county in which an action or suit has been filed against a nonresident licensee, that the defendant cannot be found in this state, service of any summons, process or pleading in the action or suit may be made by leaving a copy thereof, with a fee of $2, in the hands of the commissioner or in the commissioner’s office. Such service shall be sufficient and valid personal service upon the defendant; provided that:
(a) Notice of the service and copy of the summons, process or pleading is sent forthwith by registered mail or by certified mail with return receipt by the plaintiff or the plaintiff’s attorney to the defendant, at the most recent address furnished to the commissioner by the nonresident licensee or to the nonresident licensee’s last-known address; and
(b) The affidavit of the plaintiff or the plaintiff’s attorney of the mailing is appended to the summons, process or pleading and entered as a part of the return thereof.
(3) Notwithstanding any other provision of this section, personal service outside of the state in accordance with the statutes relating to personal service of summons outside of the state shall relieve the plaintiff from the mailing requirement under this section.
(4) Any summons served as provided in this section shall require the defendant to appear and answer the complaint within four weeks after receipt thereof by the commissioner.
(5) The fee of $2 paid by the plaintiff to the commissioner shall be taxed as costs in favor of the plaintiff if the plaintiff prevails in the action.
(6) The commissioner shall keep a record of each summons, process or pleading served upon the commissioner under this section, showing the day and hour of service. [1981 c.617 §12a; 1989 c.532 §9; 1991 c.249 §62]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.265 - Recognition of nonresident real estate licensee; rules.

Notwithstanding ORS 696.040 to 696.232 and 696.255, the Real Estate Commissioner may prescribe by rule the terms and conditions for license recognition of a nonresident real estate broker or salesperson and for reciprocity agreements with other states and countries, including but not limited to application procedures, license qualifications, license maintenance, limitations on activities and license renewal requirements. [1989 c.532 §4; 1999 c.470 §3; 2001 c.300 §24]
Note:
696.265 was added to and made a part of 696.010 to 696.495 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.270 - Fees.

The Real Estate Commissioner, with the approval of the Oregon Department of Administrative Services, shall prescribe the fees that the Real Estate Agency may charge for activities listed under this section, subject to the following maximum amounts:
(1) For each licensing examination applied for, $75.
(2) For each applicant for a real estate broker, principal real estate broker or licensed real estate property manager license:
(a) Application for license, $300; and
(b) Change of name, $10.
(3) For each real estate broker, principal real estate broker or licensed real estate property manager licensee:
(a) Renewal of active license or active limited license, $300;
(b) Renewal of inactive license or inactive limited license, $150;
(c) Late fee for renewal of active or inactive license charged in addition to the renewal fee, $150;
(d) Change of name, $10;
(e) Transfer of license between registered business names, $10; and
(f) Reactivation of inactive license, $150.
(4) For each registered business name:
(a) Initial registration, $300;
(b) Renewal of active registration, $50; and
(c) Change of name, $300.
(5) For initial registration of each branch office, $50.
(6) For each temporary license issued under ORS 696.205:
(a) Initial issuance, $150; and
(b) Extension, $150.
(7) For each continuing education provider certification:
(a) Initial application, $300; and
(b) Renewal, $50. [Amended by 1953 c.166 §5; 1955 c.457 §1; subsections (13), (14), (15) enacted as 1955 c.322 §3; 1957 c.383 §2; 1961 c.670 §1; 1965 c.617 §3; 1969 c.674 §15; 1971 c.293 §1; 1975 c.746 §20; 1977 c.191 §3; 1977 c.649 §52; 1981 c.566 §4; 1987 c.58 §13; 1987 c.158 §146; 1987 c.611 §20; 1989 c.724 §8; 1991 c.5 §39; 1991 c.462 §3; 1997 c.451 §1; 2001 c.300 §25; 2003 c.398 §10; 2005 c.116 §20; 2011 c.158 §15; 2017 c.193 §1]
Note:
Section 9, chapter 324, Oregon Laws 2009, provides:
Sec. 9.
Notwithstanding ORS 696.270, the Real Estate Agency may not charge a fee for the initial issuance of a principal real estate broker’s license to a sole practitioner who conducted professional real estate activity as a sole practitioner prior to January 1, 2010. [2009 c.324 §9]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.280 - Records of licensed real estate property managers and real estate brokers; rules.

(1) A licensed real estate property manager or principal real estate broker shall maintain within this state, except as provided in subsection (6) of this section, complete and adequate records of all professional real estate activity conducted by or through the licensed real estate property manager or principal real estate broker. The Real Estate Agency shall specify by rule the records required to establish complete and adequate records of a licensed real estate property manager’s or principal real estate broker’s professional real estate activity. The only documents the agency may require by rule a licensed real estate property manager or principal real estate broker to use or generate are documents that are otherwise required by law or are voluntarily generated in the course of conducting professional real estate activity.
(2) A real estate licensee shall maintain records of the licensee’s attendance in continuing education courses for a period of at least three years. The records of attendance must meet the requirements of ORS 696.174.
(3) Records maintained under this section must at all times be open for inspection by the Real Estate Commissioner or the commissioner’s authorized representatives.
(4) Except as provided in subsection (2) of this section, records under this section must be maintained by the real estate licensee for a period of not less than six years after the following date:
(a) For a notice of clients’ trust account and authorization to examine under ORS 696.245, the date the account was closed;
(b) For real estate transactions, the date a transaction closed or failed, whichever is later;
(c) For management of rental real estate, the date on which the record expired, was superseded or terminated, or otherwise ceased to be in effect; and
(d) For all other records, the date the record was created or received, whichever is later.
(5) Records under this section may be maintained in any format that allows for inspection and copying by the commissioner or the commissioner’s representatives, as prescribed by rule of the agency.
(6) The agency may prescribe by rule terms and conditions under which a licensed real estate property manager or principal real estate broker may maintain records outside this state. [Amended by 1977 c.649 §38; 1981 c.617 §12b; 1983 c.258 §7; 1983 c.359 §2; 1991 c.5 §40; 1995 c.335 §3; 2001 c.300 §26; 2005 c.116 §21; 2007 c.319 §9a; 2009 c.324 §7; 2009 c.502 §10; 2011 c.158 §8; 2017 c.234 §18]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.292 - Limitation on demand for compensation.

An individual listed in ORS 696.030 may not make a demand for the compensation of a real estate licensee under ORS 696.290. [2017 c.234 §7]
Note:
696.292 was added to and made a part of ORS chapter 696 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.294 - Opinion letter; rules.

(1) As used in this section, "letter opinion" means a document that expresses a real estate licensee’s conclusion regarding a recommended listing, selling or purchase price or a rental or lease consideration of certain real estate and that results from the licensee’s competitive market analysis.
(2) The Real Estate Commissioner by rule shall specify the minimum contents of a letter opinion, including but not limited to the distinction between a letter opinion and a real estate appraisal. [2007 c.319 §3]
Note:
696.294 was added to and made a part of 696.010 to 696.495 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.310 - Intracompany supervision and control.

(1) If two or more principal real estate brokers are associated with the same registered business name, the principal real estate brokers shall:
(a) Execute one or more written supervisory agreements between them that:
(A) Fully allocate the supervisory control and responsibility for the professional real estate activities of all real estate brokers associated with the registered business name;
(B) Include a default allocation of supervisory control and responsibility for any real estate brokers who associate with the registered business name in the future or who are otherwise omitted from the written supervisory agreement; and
(C) Include any supervisory control and responsibility of one principal real estate broker over another principal real estate broker;
(b) Update the written supervisory agreement if the disassociation of a principal real estate broker occurs that affects the allocation of supervisory control or responsibility; and
(c) Share equal supervisory control and responsibility for any professional real estate activity conducted by real estate brokers associated with the registered business name that is not otherwise covered by the written supervisory agreement.
(2) If a licensed real estate property manager is associated with the same registered business name as any combination of licensed real estate property managers and principal real estate brokers, the licensed real estate property managers and principal real estate brokers shall:
(a) Execute one or more written supervisory agreements between them that:
(A) Fully allocates supervisory control and responsibility for management of rental real estate conducted by all principal real estate brokers and licensed real estate property managers associated with the registered business name; and
(B) Includes any arrangement for supervisory control and responsibility over the management of rental real estate conducted by the licensed real estate property managers and principal real estate brokers;
(b) Update the written supervisory agreement if another licensed real estate property manager or principal real estate broker associates with the registered business name; and
(c) Update the written supervisory agreement if the disassociation of a licensed real estate property manager or principal real estate broker occurs that affects the allocation of supervisory control or responsibility over management of rental real estate.
(3) Licensed real estate property managers and principal real estate brokers who do not exercise administrative or supervisory control over one another are each responsible for their own management of rental real estate. [Amended by 1977 c.649 §42; 1981 c.617 §15; 2001 c.300 §31; 2017 c.234 §21]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.315 - Prohibition against licensee permitting nonlicensed individual to engage in activity with or on behalf of licensee; exception.

(1) Except as provided in subsection (2) of this section, a real estate licensee may not knowingly permit a nonlicensed individual to engage in professional real estate activity, with or on behalf of the licensee.
(2)(a) A principal real estate broker engaging in the management of rental real estate or a licensed real estate property manager may delegate to a person who is not licensed under this chapter the authority to conduct an activity described in ORS 696.030 (9). A delegation made under this paragraph must be in writing.
(b) The principal real estate broker or licensed real estate property manager is liable for the conduct of the nonlicensed person that the principal real estate broker or licensed real estate property manager authorizes under paragraph (a) of this subsection. [1977 c.649 §7; 1981 c.617 §15a; 2007 c.319 §11; 2013 c.145 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.320 - Effect of suspension or revocation of principal broker license on associated licensees.

The suspension or revocation of a principal real estate broker’s license renders inactive every license of the real estate brokers engaged by the principal real estate broker pending a transfer of the license. The Real Estate Agency shall transfer a license rendered inactive under this section if the real estate licensee requests a transfer within 30 days after the effective date of the suspension or revocation of the principal real estate broker’s license and pays a transfer fee. [Amended by 1969 c.674 §18; 1975 c.746 §24; 1977 c.649 §43; 1981 c.617 §15b; 1989 c.724 §10; 2001 c.300 §32; 2005 c.116 §9]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.323 - Effect of violations by real estate licensee on associated licensees; contested case hearing.

(1) A violation of a provision of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 or 696.890, or a rule adopted pursuant to those sections, by a real estate licensee is not cause for the suspension or revocation of the license of another real estate licensee who is associated with the real estate licensee who committed the violation unless the Real Estate Commissioner, in the commissioner’s discretion, determines that the associated real estate licensee had knowledge of the violation by the real estate licensee.
(2) For purposes of a contested case hearing under ORS chapter 183, a persistent course of dealing by the real estate licensee who violated a provision of ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870 or 696.890, or a rule adopted pursuant to those sections, constitutes prima facie evidence that an associated real estate licensee had knowledge of the violation by the real estate licensee. [2017 c.234 §2]
Note:
696.323 was added to and made a part of ORS chapter 696 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.363 - Relationship between licensees as independent contractors or employer and employee.

Nothing contained in ORS 696.010 to 696.495, 696.600 to 696.785, 696.800 to 696.870, 696.990 and 696.995 prevents the establishment of an independent contractor relationship between real estate licensees or requires the establishment of an employer-employee relationship. [1981 c.617 §40]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.365 - City or county business license tax.

(1) A city or county may not impose a business license tax on or collect a business license tax from an individual licensed as a real estate broker who engages in professional real estate activity only as an agent of a principal real estate broker.
(2) As used in this section, "business license tax" has the meaning given that term in ORS 701.015. [1987 c.581 §4; 2001 c.300 §78; 2007 c.319 §12]
Note:
696.365 was added to and made a part of ORS 696.010 to 696.495 but was not added to any smaller series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.375 - Real Estate Agency; Real Estate Commissioner; confirmation, salary and security of commissioner.

(1) The Real Estate Agency is established.
(2) The Real Estate Agency shall be under the supervision and control of an administrator who shall be known as the Real Estate Commissioner. The Governor shall appoint the Real Estate Commissioner who shall have been, before the date of appointment, for five years a real estate broker or principal real estate broker actively engaged in business as such in this state. The Governor also may appoint an individual who has been actively connected with the administration of the agency for at least one year as acting or temporary commissioner. The commissioner shall hold office at the pleasure of the Governor and shall be responsible for the performance of the duties imposed upon the agency. The Real Estate Commissioner shall receive such salary as may be provided by law.
(3) The appointment of the commissioner is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.
(4) Before entering upon the duties of office the commissioner shall give to the state a fidelity bond with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, in either case in the sum fixed by the Governor. The premium for the bond or the fee for the letter of credit shall be paid by the agency. [1963 c.580 §§40,41; 1974 c.25 §1; 1975 c.746 §25; 1987 c.414 §38; 1991 c.331 §104; 1995 c.674 §1; 1997 c.631 §523; 2001 c.300 §34; 2007 c.319 §13]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.385 - Power of agency; rulemaking procedures.

The Real Estate Agency shall have the power to:
(1) Adopt a seal by which it shall authenticate its proceedings.
(2) From time to time, circulate among the real estate licensees of Oregon any material that the agency may deem helpful or educational or proper for the guidance and welfare of the real estate licensees.
(3) Make and enforce rules as necessary to administer and enforce the provisions of, and enforce and discharge the duties defined in, any law with the administration or enforcement of which the agency is charged.
(4) Except as provided in subsection (5) of this section, when the agency proposes to adopt, amend or repeal a rule concerning real estate licensees, the agency shall:
(a) Submit a copy of the proposed rule to the Real Estate Board at least 10 days prior to publication of the notice of intended action required under ORS 183.335 for the rule.
(b) Consider any recommendations that the board, by majority vote, makes concerning the proposed rule.
(c) Publish as part of the statement of need in the matters any written comments submitted by the board for publication under paragraph (b) of this subsection.
(5) Subsection (4) of this section does not apply to a temporary rule that is adopted, amended or suspended pursuant to ORS 183.335 (5). However, the agency shall submit to the board a copy of any proposed temporary rule as soon as practicable and, to the extent possible under the circumstances, consider any recommendations that the board may make by majority vote regarding the temporary rule. [1963 c.580 §48; 1965 c.617 §5; 1981 c.617 §16; 1985 c.565 §116; 2013 c.145 §14; 2017 c.234 §22]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 696 - Real Estate and Escrow Activities › Section 696.392 - Power of commissioner to administer oaths, take depositions and issue subpoenas.

(1) The Real Estate Commissioner may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, memoranda or other information necessary to the carrying out of the laws the commissioner is charged with administering.
(2) If any person fails to comply with a subpoena issued under this section or refuses to testify on any matters on which the person may be lawfully interrogated, the procedure provided in ORS 183.440 shall be followed to compel obedience. [1995 c.217 §13]