reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 15 - REAL ESTATE BROKER REGULATION › Section 863-015-0205 - Disclosed Limited Agency

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Licensees must establish the agency relationships described in OAR
			 863-015-0200(1)  only by written agreement. Such agreements must meet all the
			 requirements of 863-015-0210.
(2) A
			 disclosed limited agency relationship exists when a single licensee undertakes
			 by written agreement or conduct to represent more than one party to a real
			 estate transaction. For the purpose of this rule, two or more buyers are
			 involved in the same real estate transaction when all have submitted offers on
			 the same real property.
(3) Except
			 as provided for in section (5), a disclosed limited agency relationship exists
			 when two or more licensees supervised by the same principal broker undertake by
			 written agreement or conduct to represent more than one party to a real estate
			 transaction. Notwithstanding the other provisions of this rule, individual
			 agents may be designated to represent the buyer exclusively or the seller
			 exclusively as described in OAR 863-015-0200(1).
(4) The following conditions apply to the
			 disclosed limited agency relationship described in OAR 863-015-0200(1):
(a) The principal broker with whom the
			 licensee is associated must ensure that a licensee who represents one client
			 will not have access to and will not obtain confidential information concerning
			 another client involved in the same transaction;
(b) In situations where a real estate
			 business has two or more principal brokers, each principal broker must be the
			 disclosed limited agent of all clients in the transaction, unless each of the
			 following conditions is met:
(A) The principal
			 brokers have entered into a written agreement dividing control and supervision
			 responsibilities. Principal brokers may comply with subsection (a) above by
			 holding open records of real estate activity in different offices or by
			 otherwise initiating procedures that secure open records so as to prevent
			 licensees representing different parties to the same transaction from accessing
			 or obtaining confidential information concerning another party to the
			 transaction;
(B) The licensees
			 designated to represent the seller exclusively and the buyer exclusively are
			 associated with the same principal broker. If the principal broker has an
			 existing agency relationship with one party to the transaction (either as a
			 seller's agent or buyer's agent), the principal broker, pursuant to the
			 requirements of OAR 863-015-0210, must act as the disclosed limited agent of
			 both parties, and another licensee must be designated to represent the other
			 party exclusively; and
(C) Each
			 client to the transaction has signed a disclosed limited agency agreement that
			 indicates which principal broker will act as the disclosed limited agent in the
			 transaction.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 15 - REAL ESTATE BROKER REGULATION › Section 863-015-0210 - Disclosed Limited Agency Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Disclosed limited agency agreements
			 required by ORS 696.815 must be in writing,
			 signed and dated by the parties to be bound or by their duly appointed real
			 estate agents.
(2) Each disclosed
			 limited agency agreement must contain the following:
(a) The name under which the representation
			 will take place, which must be the registered business name or, if none, the
			 licensed name of the principal broker;
(b) Identification of any existing listing or
			 service agreement between the parties to the disclosed limited agency
			 agreement;
(c) The name(s) of the
			 licensee(s), including the principal real estate broker, who will represent the
			 client; and
(d) A plain language
			 description of the requirements of ORS
			 696.815;
(e) Full disclosure of the duties and
			 responsibilities of an agent who represents more than one party to a real
			 estate transaction. This requirement can be met by providing the client with a
			 copy of the initial agency disclosure pamphlet required by ORS
			 696.820, discussing the portion
			 of the pamphlet entitled "Duties and Responsibilities of an Agent Who
			 Represents More that One Party to a Transaction" with the client, and
			 incorporating the pamphlet into the disclosed limited agency agreement by
			 reference; and
(f) Consent and
			 agreement between the parties to the disclosed limited agency agreement
			 regarding representation of the client in future transactions.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 15 - REAL ESTATE BROKER REGULATION › Section 863-015-0215 - Initial Agency Disclosure Pamphlet

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, "at first
			 contact" means at the time the agent has sufficient contact information about a
			 person to be able to provide an initial agency disclosure pamphlet to that
			 person. Contact with a person includes, but is not limited to contacts in
			 person, by telephone, over the Internet, by electronic mail, or by similar
			 methods.
(2) An agent shall
			 provide a copy of the initial agency disclosure pamphlet, which complies with
			 section (5) of this rule, at first contact with:
(a) A prospective party to a real property
			 transaction; or
(b) An
			 unrepresented party seeking representation during the course of a real property
			 transaction.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 15 - REAL ESTATE BROKER REGULATION › Section 863-015-0250 - Professional Real Estate Activity Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Complete and adequate records of
			 professional real estate activity include complete, legible, and permanent
			 copies of all documents required by law or voluntarily generated during a real
			 estate transaction, including all offers received by or through brokers or
			 principal brokers to the client, including, but not limited to, the following:
(a) A copy of any written agreement creating
			 an agency relationship between a real estate broker or principal real estate
			 broker and a client that must be signed by all parties to the
			 agreement.
(b) A copy of any
			 written acknowledgment of an agency relationship between a real estate broker
			 or principal real estate broker and a client that must be signed by all parties
			 to such acknowledgment.
(c) A copy
			 of any written agreement for the listing, sale, purchase, rental, lease, lease
			 option, or exchange of real property generated by a real estate broker or
			 principal real estate broker while engaging in professional real estate
			 activity that must be signed by all parties to such agreement.
(d) A copy of any receipt issued by a real
			 estate broker or principal real estate broker to evidence acceptance of funds
			 or documents.
(e) A copy of any
			 vouchers or bills or obligations paid by the real estate broker or principal
			 real estate broker for the account of a client or customer.
(f) A copy of any other document within the
			 scope of the agency relationship provided to or received by a client through a
			 real estate broker or principal real estate broker during the term of an agency
			 relationship.
(g) All financial
			 records as required in OAR 863-015-0255  and 863-015-0275.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 15 - REAL ESTATE BROKER REGULATION › Section 863-015-0259 - Recordkeeping and Tracking of Received Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For all funds received under OAR
			 863-015-0257, the principal broker must comply with the following requirements:
(a) Account for all funds received,
(b) Maintain a copy of any check received,
			 and
(c) Maintain a dated,
			 acknowledged receipt for any check returned to the offeror.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 15 - REAL ESTATE BROKER REGULATION › Section 863-015-0260 - Records Retention

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Principal real estate brokers must maintain and store complete and accurate
			 records of professional real estate activity, including any items generated
			 through e-mail or other electronic means, pursuant to ORS
			 696.280 and as follows:
(a) Records of professional real estate
			 activity may be stored at the principal broker's main office, and records of
			 professional real estate activity originating at a branch office may be
			 maintained and stored at either that branch office or at the principal broker's
			 main office.
(b) A principal real
			 estate broker may store records of professional real estate activity in a
			 single location other than his or her office, main office, or branch office, in
			 which the records are readily available for inspection, if the principal real
			 estate broker first:
(A) Notifies the
			 commissioner in writing of the intended removal of such records, includes the
			 address of the new location for such records, and
(B) Authorizes the commissioner in writing to
			 inspect such records at the new location. Such authorization must include the
			 name of any necessary contact and the means of gaining access to the records
			 for an inspection. The principal real estate broker must notify the
			 commissioner of any change in the contact or means of access within ten days
			 after such change occurs.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 15 - REAL ESTATE BROKER REGULATION › Section 863-015-0265 - Interest-Bearing Accounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 written approval necessary to establish a federally insured interest-bearing
			 clients' trust account must specify to whom and under what circumstances the
			 interest earnings from the account will accrue and be paid.
(2) In a transaction subject to ORS
			 696.241(5), the
			 broker's interest in or receipt of any of the trust funds or interest earnings
			 in the account is not a violation of
			 696.241(9).
(3) In a transaction subject to ORS
			 696.241(5),
			 money belonging to others may not be invested in any type of account or
			 security or certificate of deposit that has a fixed term for maturity or
			 imposes any fee or penalty for withdrawal before maturity unless the written
			 consent of all parties to the transaction has been secured. An arrangement may
			 be made with a depository to deposit a sufficient amount of the broker's funds
			 to maintain such account, and such arrangement is not a violation of
			 696.241(9).
Stat. Auth.: ORS
				  696.385
Stats. Implemented: ORS
				  696.241
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 15 - REAL ESTATE BROKER REGULATION › Section 863-015-0275 - Clients' Trust Account Reconciliation and Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A principal real estate broker must
			 reconcile each clients' trust account at least once each month. The
			 reconciliation must comply with all of the following conditions:
(2) The reconciliation must have three
			 components:
(a) The bank statement balance,
			 adjusted for outstanding checks and other reconciling bank items;
(b) The balance of the receipts and
			 disbursements journal or check book register as of the bank statement closing
			 date; and
(c) The sum of all the
			 balances of the individual trust account ledgers as of the bank statement
			 closing date.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0000 - Applicability and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 division applies to licensed real estate brokers, principal real estate
			 brokers, real estate property managers, continuing education providers, and
			 instructors who teach courses for continuing education providers.
(2) For all real estate licensees, the
			 purpose of this division is to set forth continuing education requirements for
			 licensee renewals, including:
(a) Courses that
			 meet the requirements for course topics and learning objectives in this
			 division 20;
(b) A Board-approved
			 Law and Rule Required Course, described in OAR 863-022-0055, required for all
			 licensees;
(c) A 27-hour broker
			 advanced practices course, described in OAR 863-022-0020, required for real
			 estate brokers before the first active renewal of the broker's license or
			 before the first license reactivation following an inactive first
			 renewal;
(d) A 27-hour principal
			 broker advanced practices course described in OAR 863-022-0021, required for
			 principal real estate brokers before the first active renewal of the principal
			 broker's license or before the first license reactivation following an inactive
			 first renewal;
(e) A 27-hour
			 property manager advanced practices course described in OAR 863-022-0022,
			 required for licensed real estate property managers before the first active
			 renewal of the property manager's license or before the first license
			 reactivation following an inactive first renewal;
(f) The 40-hour brokerage administration and
			 sales supervision course, described in OAR 863-022-0025, for an initial
			 principal real estate broker license application; and
(f) Continuing education record-keeping
			 requirements for all licensees.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division, unless the context requires
				otherwise:
(1) "Agency" means the
			 Oregon Real Estate Agency.
(2)
			 "Applicant" means either an individual as defined in section (7) of this rule,
			 or a person as defined in section (10) of this rule.
(3) "Board" means the Oregon Real Estate
			 Board.
(4) "Commissioner" means the
			 Real Estate Commissioner.
(5)
			 "Continuing education credit hour" means one hour of instruction provided by a
			 continuing education provider.
(6)
			 "Continuing education provider" means a person certified by the Agency under
			 OAR 863-020-0030  to offer real estate continuing education courses that are
			 eligible for credit. The continuing education courses are taught by an
			 instructor.
(7) "Course
			 identification number" means a unique four-digit identifying course number
			 assigned by a continuing education provider or as assigned by the Oregon Real
			 Estate Agency.
(8) "Individual"
			 means a human being, not a legal entity.
(9) "Instructor" means an individual who
			 teaches, for a continuing education provider, a real estate continuing
			 education course that is eligible for credit. An instructor must meet the
			 qualifications in ORS
			 696.186 and OAR 863-020-0060. The Agency does not certify instructors.
(10) "Law and Rule Required Course" is that
			 course described in OAR 863-022-0055.
(11) "Licensed real estate property manager"
			 is defined in ORS
			 696.010.
(12) "Person" means any individual,
			 partnership, corporation, association, governmental subdivision, or public or
			 private organization of any character other than a government agency.
(13) "Principal real estate broker" is
			 defined in ORS
			 696.010.
(14) "Provider number" means a unique
			 identifying number assigned by the Agency to a certified continuing education
			 provider under OAR 863-020-0030.
(15) "Real estate broker" is defined in ORS
			 696.010.
(16) "Real estate licensee" is defined in ORS
			 696.010 and includes
			 a r.eal estate broker, principal real estate broker, and a real estate property
			 manager.
(17) "Broker advanced
			 practices course" means the advanced course in real estate practices provided
			 in ORS
			 696.174.
(18) "Property manager advanced practices
			 course" means the advanced course in property management practices provided in
			 ORS.696.174.
(19) "Principal broker advanced practices
			 course" means the advanced course in brokerage practices provided in ORS
			 696.174.
Statutory/Other Authority: ORS
				  696.385
Statutes/Other Implemented: ORS
				  696.174,
				  ORS
				  696.182  & ORS
				  696.186
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0007 - Length of Continuing Education Courses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies to courses offered by
			 certified continuing education providers.
(2) The minimum length of each continuing
			 education course offered by a continuing education provider is one
			 hour.
(3) A continuing education
			 provider or course instructor may allow a break of no more than 10 minutes as
			 part of each hour of instruction.
(4) A provider may offer a course that is
			 longer than one hour, in additional half hour increments.
Stat. Auth.: ORS
				  696.385
Stats. Implemented: ORS
				  696.182
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0010 - License Renewal Continuing Education Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies to all real estate
			 licensees.
(2) To renew an active
			 license, a real estate licensee must provide course information in an online
			 renewal application which demonstrates that the licensee:
(a) Has completed at least 27 hours of real
			 estate continuing education that are eligible for credit under OAR 863-020-0035  and 863-020-0040  during the two years preceding renewal and,
(b) Has completed the Board-approved Law and
			 Rule Required Course described in OAR 863-022-0055.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0015 - Licensee Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 real estate licensee must maintain the licensee's own continuing education
			 records described in sections (3) and (4) of this rule for three years after
			 the renewal date for which the continuing education credit applies.
(2) A principal broker is not required to
			 maintain the continuing education records of a real estate broker or a property
			 manager associated with the principal broker. However, the principal broker
			 must maintain the continuing education records that pre-date January 1, 2011 as
			 required by OAR 863-015-0260  and produce a copy of such records if the
			 associated licensee or the Agency so requests.
(3) A real estate licensee must complete and
			 maintain an Agency-approved form that contains the following information, taken
			 from the certificate of completion provided by the continuing education
			 provider:
(a) The licensee's name and license
			 number;
(b) The name of the
			 course;
(c) The name of the
			 certified course provider and the provider number;
(d) The course identification number assigned
			 by the course provider;
(e) The
			 course eligibility for continuing education credit as one of the following:
(A) The specific course topic(s) that is
			 eligible under OAR 863-020-0035,
(B) The course is the three-hour law and rule
			 required course under OAR-863-022-0055,
(C) The course is the advanced course in real
			 estate practices under OAR-863-022-0020,
(D) The course is the property manager
			 advanced practices course under OAR 863-022-0022, or
(E) The course is the brokerage
			 administration and sales supervision course under OAR-863-022-0025;
(f) The date and location of the
			 course;
(g) The length of time of
			 the course; and
(h) The name of
			 the instructor who taught the course.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0020 - Continuing Education Provider Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant for certification as a
			 continuing education provider must be one of the following:
(a) A main or branch office with a registered
			 business name registered with the Agency under ORS
			 696.026 and OAR 863-014-0095  or
			 863-024-0095;
(b) A licensed title
			 or escrow company conducting business in this state;
(c) A real estate trade association as
			 defined in section (2) of this rule or a trade association in a related field
			 as defined in section (3) of this rule, but not the individual members of those
			 associations;
(d) A real estate
			 multiple listing service;
(e) An
			 attorney admitted to practice in this state
(f) A private career school approved by the
			 Agency to teach continuing education courses as defined in section (4) of this
			 rule;
(g) 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
			 352.720
(h) A distance learning provider approved by
			 the Agency as defined in section (5) of this rule; or
(i) A person who does not meet the
			 requirements of section (1)(a) through (h) of this rule but whose
			 qualifications have been approved by the Real Estate Board under OAR
			 863-020-0025.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0025 - Board Approval of Continuing Education Provider Qualification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person not
			 otherwise qualified under OAR 863-020-0020(1)(a) through (h)  seeking the
			 Board's approval as an applicant for certification must petition the Board
			 under this rule.
(2) The person
			 must submit a petition for approval to the Agency on an Agency-approved form at
			 least 21 days before the scheduled Board meeting at which the applicant wishes
			 the Board to act. The petition must include the following:
(a) The petitioner's name, address, and phone
			 number.
(b) Sufficient information
			 about the petitioner named in the application to allow the Board to determine
			 whether the petitioner qualifies for certification, including specifics about
			 one or both of the following:
(A)
			 Petitioner's demonstrated expertise and experience in providing educational
			 courses to real estate licensees;
(B) Petitioner's demonstrated experience and
			 expertise in at least two course topics eligible for continuing education
			 credit under OAR 863-020-0035(4)(a)-(gg).
(c) Attestation by the petitioner that the
			 petitioner knows and understands:
(A) The
			 responsibilities of a continuing education provider under OAR
			 863-020-0050;
(B) The requirements
			 of an instructor under ORS
			 696.186 and the information
			 required on a continuing education instructor form under OAR
			 863-020-0060.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0030 - Application for Continuing Education Provider Certification and Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 for certification as a continuing education provider must submit to the Agency
			 an online application available through the Agency's website and pay the fee
			 authorized in
			 696.270. The application
			 must contain the following information;
(a)
			 The applicant's name, mailing address, physical address, and phone
			 number;
(b) The date of the
			 application;
(c) The applicable
			 qualification listed in OAR 863-020-0020(1);
(d) The name and signature of the individual
			 authorized by the applicant to submit the application;
(e) The applicant's authorized contact
			 person, title, phone number, and email address;
(f) The applicant's website
			 address;
(g) Information concerning
			 the course presentation formats, such as classroom instruction, online, etc.;
			 and
(h) An affirmation that the
			 applicant:
(A) Will comply with the statutory
			 and administrative rule provisions applicable to continuing education
			 providers, and
(B) Understands that
			 the continuing education provider certification does not authorize the provider
			 to offer the broker advanced practices course, the principal broker advanced
			 practices course, the property manager advanced practices course, or the
			 brokerage administration sales and supervision course. If the provider wishes
			 to offer those courses, the provider may seek separate approval of the course
			 under OAR chapter 863, division 22.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0035 - Courses Offered by Continuing Education Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies to continuing education
			 courses offered by continuing education providers except for the broker
			 advanced practices course, the principal broker advanced practices course, the
			 property manager advanced practices course, and the brokerage administration
			 sales and supervision course. If the provider wishes to offer those courses,
			 the provider may seek separate course approval under OAR chapter 863, division
			 22.
(2) A continuing education
			 provider must ensure that a specific class or course offered is within the
			 scope of one or more course topics listed in section (4) or (5) of this rule.
			 The provider must also identify to real estate licensees which course topic(s)
			 is covered by the course. The Agency will not determine whether individual
			 courses or classes are within the scope of an eligible course topic.
(3) Each course offered for continuing
			 education credit:
(a) Must meet all course
			 requirements under this rule,
(b)
			 Must meet the requirements for the length of the course under OAR
			 863-020-0007,
(c) Must meet the
			 requirements for learning objectives in OAR 863-020-0045, and
(d) May be presented in a classroom or online
			 setting.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0040 - Certain Courses Required for License Renewal that are Also Eligible for Continuing Education Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to the eligible courses under OAR 863-020-0035  the courses listed in
			 subsection (2) through (4) of this rule are eligible for continuing education
			 credit.
(2) An Agency-approved
			 27-hour broker advanced practices course that meets the requirements of OAR
			 863-022-0020.
(3) An
			 Agency-approved 27-hour principal broker advanced practices course that meets
			 the requirements of OAR 863-022-0021.
(4) An Agency-approved 27-hour property
			 manager advanced practices course that meets the requirements of OAR
			 863-022-0022.
(5) An
			 Agency-approved 40-hour brokerage administration and sales supervision course
			 that meets the requirements of OAR 863-022-0015.
(6) Certification as a continuing education
			 provider does not authorize the provider to offer the broker advanced practices
			 course, the principal broker advanced practices course, the property manager
			 advanced practices course, or the brokerage administration sales and
			 supervision course. If the provider wishes to offer those courses, the provider
			 may seek separate course approval under OAR chapter 863, division 22.
Statutory/Other Authority: ORS
				  696.385
Statutes/Other Implemented: ORS
				  696.022,
				  696.174  & 696.184
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0045 - Course Learning Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Agency does not review or approve a
			 continuing education provider's learning objectives.
(2) As used in ORS Chapter 696 and this
			 division 20, the term "learning objective" means a statement of a continuing
			 education provider's goal for what a licensee will know or be able to do when
			 the course is completed.
(3) In
			 addition to any other learning objectives a continuing education provider may
			 develop for a course, the provider must ensure that each course within a course
			 topic offered under OAR 863-020-0035(4) and (5)  meets at least one of the
			 learning objectives contained in section (5) of this rule.
(4) For course learning objectives relating
			 to laws, statutes, and rules, only existing laws, statutes, and rules or those
			 that have been adopted or enacted but are not yet in effect meet the
			 requirements of this rule. Learning objectives related to proposed legislation
			 or proposed regulations do not meet the requirements of this rule.
(5) At the end of the course, the licensee
			 will be able to describe and, where appropriate, identify:
(a) Provisions in laws, statutes or
			 administrative rules relevant to the course topic;
(b) The licensee's responsibilities under
			 laws, statutes or administrative rules relevant to the course topic;
(c) Consumer protections relevant to the
			 course topic;
(d) Governmental
			 agencies with primary responsibility for regulating the course topic and the
			 agencies' role in relation to consumers and licensees; or
(e) The principles, practices, or procedures
			 relevant to the course topic and their impact on at least one of the following:
(A) Licensees;
(B) Consumers;
(C) Parties to the real estate transaction or
			 property management agreement;
(D)
			 The real estate marketplace;
(E)
			 Real estate brokerage or property management practices;
(F) The licensees' real estate business;
			 or
(G) A licensee's professional
			 competence.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0050 - Continuing Education Provider Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For each course offered, a continuing
			 education provider must:
(a) Ensure that a
			 course offered for continuing education credit is within the scope of one or
			 more course topics listed in OAR 863-020-0035(3)  or is a Law and Rule Required
			 Course under OAR 863-022-0055;
(b)
			 Identify to real estate licensees the course eligibility for continuing
			 education credit as one of the following:
(A)
			 A continuing education course under OAR 863-020-0035  and which course topic(s)
			 the offered course covers,
(B) The
			 course is the Law and Rule Required Course under OAR 862-022-0055,
(C) The course is the broker advanced
			 practices course under OAR 863-022-0020,
(D) The course is the principal broker
			 advanced practices course under OAR 863-022-0021.
(E) The course is the property manager
			 advanced practices course under OAR 863-022-0022, or
(F) The course is the brokerage
			 administration and sales supervision course under OAR 863-022-0025;
(c) Ensure that the course meets
			 the requirements for the length of a course under OAR 863-20-0007;
(d) Assign to each course a unique
			 identifying course number;
(e)
			 Ensure that courses offered under OAR 863-020-0035  meet the learning objective
			 requirements contained in 863-020-0045; and
(f) Ensure that the instructor who teaches a
			 continuing education course offered for credit:
(A) Meets the requirements set forth in ORS
			 696.186,
			 and
(B) Completes and signs the
			 form required by OAR 863-020-0060.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0055 - Continuing Education Provider Record-keeping Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A real estate
			 continuing education provider must keep records in paper or electronic form, as
			 directed by the Agency, of each course provided for three years from the date
			 the course was provided. These records must include:
(a) The name of the course,
(b) The course identification number assigned
			 by the course provider or as assigned by the Oregon Real Estate
			 Agency,
(c) Identification of the
			 course eligibility for continuing education credit as one of the following:
(A) A continuing education course under OAR
			 863-020-0035  and which course topic(s) the offered course covers,
(B) The course is a Law and Rule Required
			 Course under OAR 862-022-0055,
(C)
			 The course is the broker advanced practices course under OAR
			 863-022-0020,
(D) The course is the
			 principal broker advanced practices course under OAR 863-022-0021.
(E) The course is the property manager
			 advanced practices course under OAR 863-022-0022, or
(F) The course is the brokerage
			 administration and sales supervision course under OAR 863-022-0025;
(d) The date and location of the
			 course,
(e) The length of time of
			 each course,
(f) The name of the
			 instructor who taught the course,
(g) The signed form required by OAR
			 863-020-0060  containing the statement of instructor qualifications,
			 and
(h) The licensee's name and
			 license number for each licensee attending the course on that date.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0060 - Continuing Education Instructor Form

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As provided in OAR 863-020-0050, a
			 continuing education provider must ensure that the instructor who teaches a
			 continuing education course offered for credit meets the requirements contained
			 in ORS 696.186. The Agency does not
			 certify instructors.
(2) A
			 continuing education provider must ensure that the instructor completes and
			 signs a form containing the following information:
(a) The instructor's name, address, and phone
			 number;
(b) The continuing
			 education provider name and provider number;
(c) A description of the instructor's
			 qualifications in sufficient detail that would enable the reader to know how
			 the instructor has met those qualifications; and
(d) An attestation signed and dated by the
			 instructor, identifying the instructor's qualifications under section (4) of
			 this rule and affirming that the instructor:
(A) Has not had a professional or
			 occupational license related to the topic of the course revoked for
			 disciplinary reasons;
(B) Has not
			 had a professional or occupational license related to the topic of the course
			 that is currently suspended for disciplinary reasons; and
(C) Has not been determined by a state court,
			 an administrative law judge, or a final agency order 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.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 20 - REAL ESTATE CONTINUING EDUCATION › Section 863-020-0065 - Certification Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
The Agency may revoke the continuing education provider's
				certification if the provider disregards or violates any applicable provision
				of ORS Chapter 696 or this rule division. Such revocation is an agency order
				subject to the contested case provisions contained in ORS Chapter
				183.
Stat. Auth.: ORS
				  696.385
Stats. Implemented: ORS
				  696.182
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0000 - Applicability and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 division applies to:
(a) Real estate license
			 applicants,
(b) Real estate
			 licensees,
(c) Persons seeking
			 Agency approval of the following courses:
(A)
			 The education courses for real estate broker license applicants and
(B) The education course for property manager
			 license applicants.
(d)
			 Certified continuing education providers seeking approval of the following
			 courses:
(A) The brokerage administration and
			 sales supervision course for principal broker license applicants,
(B) The broker advanced practices course
			 required for real estate brokers seeking their first active license
			 renewal,
(C) The principal broker
			 advanced practices course required for principal real estate brokers seeking
			 their first active license renewal, or
(D) The property manager advanced practices
			 course for licensed real estate property managers seeking their first active
			 renewal.
(e) Certified
			 continuing education providers who offer the Law and Rule Required Course
			 described in OAR 863-022-0055.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division, unless the context requires
				otherwise:
(1) "Agency" means the
			 Oregon Real Estate Agency.
(2)
			 "Associated broker" means a broker that is "associated with," as that term is
			 defined in ORS
			 696.010, a principal
			 real estate broker.
(3) "Board"
			 means the Oregon Real Estate Board.
(4) "Certified continuing education provider"
			 means a person certified by the Agency under OAR 863-020-0030  to offer real
			 estate continuing education courses that are eligible for credit under
			 863-020-0035  and 863-020-0040. The continuing education courses are taught by
			 an instructor.
(5) "Clock-hour" is
			 a 60-minute hour, excluding meal or rest breaks.
(6) "Commissioner" means the Real Estate
			 Commissioner.
(7) "Individual"
			 means a human being, not a legal entity.
(8) "In-state community colleges, colleges,
			 and universities" means:
(a) Campuses and
			 centers that are part of an accredited public university listed in ORS
			 352.002;
(b) Oregon community colleges established and
			 operated under ORS Chapter 341; and
(c) Accredited private and independent
			 institutions of higher education, as that term is defined in ORS
			 352.720,
			 that are located in Oregon.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0010 - Course Requirements for Real Estate Broker License Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The real estate
			 broker license applicant course of study required by OAR 863-014-0035  must
			 include 150 clock-hours in the seven courses listed in section (2) of this
			 rule.
(a) Courses offered by private career
			 schools must be approved by the Agency under OAR 863-022-0030.
(b) Courses offered by in-state community
			 colleges, colleges, and universities must be approved by the Agency under OAR
			 863-022-0035.
(c) To be eligible
			 for credit, a course provider must:
(A)
			 Present each course for the designated number of clock- hours stated in section
			 (2) of this rule,
(B) Include
			 specific course topics required by the Agency as provided in section (3) of
			 this rule, and
(C) Give each
			 student a final examination for each course consisting of the number of
			 questions stated in section (2) of this rule.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0015 - Course Requirements for Property Manager License Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The course
			 required by OAR 863-024-0045  for real estate property manager license
			 applicants consists of a 60 clock-hour Agency-approved real estate property
			 manager course. The property manager course covers the specialized area of the
			 management of rental real estate, including Oregon's legal requirements.
(a) A course offered by private career
			 schools must be approved by the Agency under OAR 863-022-0030.
(b) A course offered by in-state community
			 colleges, colleges, and universities must be approved by the Agency under OAR
			 863-022-0035.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0020 - Advanced Practices Course Requirement for the First Active Renewal of Broker License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 course required by OAR 863-020-0010  before the first active renewal of a real
			 estate broker license, or before the first license reactivation following an
			 inactive first renewal, is an Agency-approved broker advanced practices
			 course.
(2) In order to renew a
			 license, a real estate broker who completes the 27-hour course described in
			 section (3) of this rule must also complete the Law and Rule Required Course
			 required under OAR 863-020-0010.
(3) An Agency-approved broker advanced
			 practices course must include 27 clock-hours allocated among topics in the
			 number of hours as follows:
(a) (9 hours)
			 Business ethics;
(b) (3 hours)
			 Review of recent administrative actions issued by the Agency;
(c) (4.5 hours) Property
			 management;
(d) (3 hours) Business
			 economics;
(e) (3 hours) Advanced
			 agency relationships, including dual representation
(f) (4.5 hours) Misrepresentation and
			 negligence.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0021 - Advanced Practices Course Requirement for the First Active Renewal of Principal Broker License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 principal broker advanced practices course required by OAR 863-020-0010  before
			 the first active renewal of a principal broker license, or before the first
			 license reactivation following an inactive first renewal, is an Agency approved
			 27-hour principal broker advanced practices course.
(2) A principal broker who is required to
			 take the advanced practices course in order to renew a license must also
			 complete the Law and Rule Required Course required under OAR
			 863-020-0010.
(3) An
			 Agency-approved principal broker advanced practices course must include 27
			 clock-hours allocated among topics in the number of hours as follows:
(a) (4 hours) Brokerage Practices;
(b) (4 hours) Supervision and Managing Real
			 Estate Licensees;
(c) (3 hours)
			 Clients' Trust Accounts;
(d) (3
			 hours) Records and Maintenance;
(e)
			 (4 hours) Property Management;
(f)
			 (3 hours) Advertising;
(g) (3
			 hours) Affirmative Duties of Agent & Agency Relationships;
(h) (3 hours) Professional Real Estate
			 Activity;
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0022 - Property Manager Advanced Practices Course Requirement for the First Active Renewal of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 property manager advanced practices course required by OAR 863-020-0010  before
			 the first active renewal of a property manager license, or before the first
			 license reactivation following an inactive first renewal, is an Agency-approved
			 27-hour property manager advanced practices course.
(2) A property manager who is required to
			 take the advanced practices course in order to renew a license must also
			 complete the Law and Rule Required Course required under OAR
			 863-020-0010.
(3) An
			 Agency-approved property manager advanced practices course must include 27
			 clock-hours allocated among topics in the number of hours as follows:
(a) (2 hours) Agency law and affirmative
			 duties in ORS
			 696.890;
(b) (2 hours) Property management
			 agreements;
(c) (3 hours) Managing
			 the operation of a property management company;
(d) (3 hours) Clients' trust accounts and
			 security deposits accounts;
(e) (6
			 hours) Property management accounting;
(f) (2 hours) Oregon Residential Landlord and
			 Tenant Act under ORS Chapter 90;
(g) (2 hours) Fair Housing Laws;
(h) (2 hours) Property management
			 records;
(i) (2 hours) Real Estate
			 License Law under ORS Chapter 696;
(j) (1.5 hours) Commercial property
			 management;
(k) (1.5 hours)
			 Emergency plans, energy management plans, maintenance and repair.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0025 - Education Course Requirements for Principal Broker License Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The course
			 required by OAR 863-014-0040  for principal real estate broker license
			 applicants is a 40-hour Agency-approved brokerage administration and sales
			 supervision course.
(2) The
			 brokerage administration and sales supervision course covers legal requirements
			 unique to principal brokers and reviews the material introduced in the 150-hour
			 real estate broker applicant course of study described in OAR
			 863-022-0010.
(3) The 40-hour
			 brokerage administration and sales supervision course prepares the applicant
			 for the principal real estate broker license examination. To be eligible for
			 credit, the 40-hour course must include 40 clock-hours allocated among topics
			 in the number of hours as follows:
(a) (15
			 hours) Brokerage business, supervision and legal requirements, which includes:
(A) Introduction to real estate brokerage
			 business practices
(B) Supervising
			 and managing other real estate licensees, independent contractors and
			 employees
(C) Financial records of
			 the brokerage business
(D) Clients'
			 trust accounts
(E) Required records
			 and maintenance
(F) Property
			 management