reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 300 - WILDFIRE MITIGATION PLANS › Section 860-300-0090 - Consumer-owned Utility Plans

Current through Register Vol. 63, No. 7, July 1, 2024
Municipal electric utilities, people's utility districts
				organized under ORS chapter 261 that sell electricity, and electric
				cooperatives organized under ORS chapter 62 must file with the Commission a
				copy of its approved risk-based wildfire mitigation plan or plan update within
				30 days of approval from its governing body.
Statutory/Other Authority: ORS 183, ORS 654, ORS 756, ORS 759
				  & ORS 757
Statutes/Other Implemented: ORS
				  757.035  & 2021 Senate Bill 762
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 1 - PROCEDURAL RULES › Section 863-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any rule, the
				Real Estate Commissioner shall give notice of the proposed adoption, amendment,
				or repeal:
(1) In the Secretary of
			 State's Bulletin referred to in ORS
			 183.360 at least twenty-one (21)
			 days prior to the effective date.
(2) By mailing a copy of the notice at least
			 twenty-eight (28) days before the effective date of the rule to persons on the
			 Real Estate Commissioner's mailing list established pursuant to ORS
			 183.335(7) and
			 all appropriate Legislators as designated by ORS
			 183.335(14).
(3) By mailing a copy of the notice to the
			 following persons, organizations, or publications:
(a) For Real Estate Brokers rules:
(A) All local Boards or Associations of
			 Realtors;
(B) The Associated Press
			 and the Capitol Press Room;
(C)
			 Oregon Association of Realtors;
(D)
			 The Oregon Realtor, publication of the Oregon Association of
			 Realtors;
(E) All multiple listing
			 services;
(F) Oregon Land Title
			 Association.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 1 - PROCEDURAL RULES › Section 863-001-0005 - Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Real Estate Agency adopts by reference the Attorney
				General's Uniform and Model Rules OAR 137-001-0005  through 137-005-0070  bearing
				the effective date of January 1, 2008.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or the Real
				  Estate Agency.
Stat. Auth.: ORS
				  183.341,
				  183.502 &
				  696.385
Stats. Implemented: ORS
				  183.341 &
				  183.502
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 1 - PROCEDURAL RULES › Section 863-001-0006 - Hearing Notices and Postponements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A notice of intent is properly served by
			 the Real Estate Agency when delivered personally or deposited in the United
			 States mail, registered or certified mail, addressed to the real estate
			 licensee or to any other person having an interest in a proceeding before the
			 Commissioner at the licensee's or other person's last known address of record
			 with the Agency. All other notices are properly served by the Agency when
			 delivered personally or deposited in the United States mail, regular mail, to
			 the addressee's last known address of record with the Agency.
(2) The Commissioner or Agency may grant a
			 postponement of a hearing at the request of a party to the hearing if:
(a) The request is made not later than six
			 business days prior to the date of the hearing. "Business days" are days on
			 which the office of the Agency is regularly open for the transaction of
			 business; and
(b) The party has
			 shown good cause in the request for not attending the hearing as scheduled.
			 "Good cause" exists if the circumstances causing the request are beyond the
			 reasonable control of the requesting party and the failure to grant the
			 postponement would result in undue hardship to the requesting
			 party.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 1 - PROCEDURAL RULES › Section 863-001-0007 - Refunds and Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 agency shall not refund fees, civil penalties or other moneys overpaid by an
			 amount of $15 or less unless such repayment is requested in writing by the
			 payor within one year after the date of the overpayment.
(2) If the Agency receives payment of any
			 fees by check and the check is returned to the Agency as an NSF check, the
			 payor of the fees will be assessed an NSF charge of $25 in addition to the
			 required payment of the fees.
Stat. Auth.: ORS 181, 183, 293 & 696
Stats. Implemented: ORS
				  293.445(4)
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 1 - PROCEDURAL RULES › Section 863-001-0010 - Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 192.430 and 192.440, the Commissioner shall charge the
			 following fees for certification or copying of any public records in the
			 Commissioner's custody and not otherwise exempt from disclosure:
(a) For each certification containing five
			 pages or less, $5;
(b) For each
			 page of a certified document in excess of five pages, 25¢ per
			 page;
(c) For uncertified copies:
(A) From one to 10 pages are free, from 11 to
			 20 pages are a flat fee of $5 and any pages in excess of 20 are 25¢ per
			 page; or
(B) $15 per hour or any
			 portion of an hour plus 3¢ per page; or
(C) In the case of extraordinarily large copy
			 requests, the total actual cost of providing a temporary employee to complete
			 the request (Usual minimum of four hours), plus 3¢ per page.
(d) All charges for both certified
			 and uncertified copies, except those sent by facsimile, must be paid for prior
			 to delivery of the copies to the person requesting the copies;
(e) For copies to be sent by facsimile (fax),
			 $5 for the first three pages (not including the fax cover sheet and the billing
			 sheet) and 50¢ for each additional page over three. Costs will be billed
			 to the person requesting the copies on a billing sheet which will be sent by
			 facsimile with the requested copies.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 1 - PROCEDURAL RULES › Section 863-001-0020 - Payment of Fees to the Agency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule, the following
			 definitions apply:
(a) "Electronic funds
			 transfer" (EFT) has the same meaning given the term in ORS
			 293.525.
(b) "EFT - ACH Credit" means the electronic
			 funds transfer from a person's or entity's bank account, initiated by the
			 person or entity, and cleared through the Automated Clearing House (ACH)
			 network for deposit to the Real Estate Agency.
(c) "EFT - ACH Debit" means the electronic
			 funds transfer from a person's or entity's bank account, initiated by the
			 Agency and cleared through the ACH network to debit a person's or entity's bank
			 account and deposit to the Agency's account.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 3 - EMPLOYEE CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 863-003-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules control the Real Estate Agency's acquisition of
				information about a subject individual's criminal history through criminal
				records checks or other means and the use of that information to determine
				whether the subject individual is fit to provide services to the Agency as an
				employee, volunteer, contractor, or vendor. The fact that the Agency determines
				that a subject individual is fit does not guarantee the individual a position
				as an Agency employee, volunteer, contractor, or vendor or that the individual
				will be hired by the Agency.
Statutory/Other Authority: 696.385, 696.790 & ORS
				  181A.195
Statutes/Other Implemented: 696.790 & ORS
				  181A.195
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 3 - EMPLOYEE CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 863-003-0010 - Subject Individual

Current through Register Vol. 63, No. 7, July 1, 2024
"Subject Individual" means an individual who is required to
				complete a criminal records check pursuant to these rules and from whom the
				Agency may require fingerprints for the purpose of conducting a criminal
				records check because the person:
(1)
(a) Is employed by or applying for employment
			 with the Agency; or
(b) Provides
			 services or seeks to provide services to the Agency as a volunteer, contractor,
			 or vendor; and
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 3 - EMPLOYEE CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 863-003-0020 - Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) A
			 subject individual shall complete an Agency criminal records request and a
			 fingerprint capture. The information may include, but is not limited to: legal
			 name and aliases, date of birth, address and recent residency information,
			 driver license or identification card information, type of work or service
			 being performed, disclosure of criminal history (all arrests, charges,
			 convictions, and offenses), social security number, and any other information
			 deemed necessary by the Agency.
(b)
			 A subject individual must complete and submit to the Agency the Criminal
			 Records Request form and, if requested, a fingerprint card within three
			 business days of receiving the forms. The Agency may extend the deadline for
			 good cause.
(c) The Agency may
			 require additional information from the subject individual as necessary to
			 complete the criminal records check and fitness determination, such as, but not
			 limited to, proof of identity, or additional criminal, judicial, or other
			 background information.
(d) The
			 Agency shall not request a fingerprint capture from a subject individual under
			 the age of 18 years unless the subject individual is emancipated pursuant to
			 ORS
			 419B.550 et seq, or unless the Agency also requests the written consent of a parent or
			 guardian. In such case, such parent or guardian and youth must be informed that
			 they are not required to consent. Notwithstanding, failure to consent may be
			 construed as a refusal to consent.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 3 - EMPLOYEE CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 863-003-0030 - Preliminary Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Agency may conduct a preliminary
			 fitness determination if the Agency is interested in hiring or appointing a
			 subject individual on a preliminary basis, pending a final fitness
			 determination.
(2) If the Agency
			 elects to make a preliminary fitness determination about a subject individual,
			 pending a final fitness determination, the Agency shall make a preliminary
			 fitness determination about a subject individual based on information disclosed
			 by the subject individual under OAR 863-003-0020, and a LEDS Computerized
			 Criminal History Check.
(3) The
			 Agency shall approve a subject individual as fit on a preliminary basis if the
			 authorized designee has no reason to believe the subject individual has made a
			 false statement and the information available to the Agency does not disclose
			 that the subject individual:
(a) Pled nolo
			 contendere (or no contest) to, was convicted of, was found guilty except for
			 insanity (or comparable disposition) of, or has a pending indictment for a
			 crime listed under OAR 863-003-0060;
(b) Is being investigated for, has an
			 outstanding warrant for, or has been charged with a crime listed under OAR
			 863-003-0060;
(c) Is currently on
			 probation, parole, or any form of post-prison supervision for a crime listed
			 OAR 863-003-0060;
(d) Has a
			 deferred sentence or conditional discharge in connection with a crime listed
			 under OAR 863-003-0060; or
(e) Has
			 been adjudicated in a juvenile court and found to be within the court's
			 jurisdiction for an offense that would have constituted a crime listed in OAR
			 863-003-0060  if committed by an adult.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 3 - EMPLOYEE CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 863-003-0040 - Hiring or Appointing on a Preliminary Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Agency may hire or appoint a subject
			 individual on a preliminary basis if the Agency has approved the subject
			 individual on the basis of a preliminary fitness determination under OAR
			 863-003-0030.
(2) A subject
			 individual hired or appointed on a preliminary basis under this rule may
			 participate in training, orientation, or work activities as assigned by the
			 Agency.
(3) A subject individual
			 hired or appointed on a preliminary basis is deemed to be on trial
			 service.
Statutory/Other Authority: ORS
				  696.385,
				  ORS
				  696.790  & ORS
				  181A.195
Statutes/Other Implemented: ORS
				  696.790  & ORS
				  181A.195
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 3 - EMPLOYEE CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 863-003-0050 - Final Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Agency shall consider the following
			 factors in relation to information provided by the subject individual,
			 including any criminal offender information obtained through a criminal history
			 check and other information known by the Agency:
(a) The nature of any crime;
(b) The facts that support the conviction or
			 pending indictment; or that indicate the making of a false statement;
(c) The relevancy, if any, of the crime or
			 the false statement to the specific requirements of the subject individual's
			 present or proposed position, services, or employment; and
(d) Intervening circumstances relevant to the
			 responsibilities and circumstances of the position, services, or employment
			 such as:
(i) The passage of time since the
			 commission of the crime;
(ii) The
			 age of the subject individual at the time of the crime;
(iii) The likelihood of a repetition of
			 offenses or of the commission of another crime;
(iv) The subsequent commission of another
			 relevant crime;
(v) Whether the
			 conviction was set aside and the legal effect of setting aside the conviction;
			 and
(vi) The recommendation of an
			 employer.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 3 - EMPLOYEE CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 863-003-0060 - Crimes Relevant to a Criminal Background Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A conviction of
			 any of the following crimes or offenses is potentially disqualifying, unless
			 otherwise provided by law.
(a) All felonies.
(b) All misdemeanors.
(c) Any U.S. military crime or international
			 crime.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 3 - EMPLOYEE CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 863-003-0090 - Appealing a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A subject individual may not appeal a
			 criminal background fitness determination or a decision to close a criminal
			 background fitness determination for reasons of incompleteness and refusal to
			 consent.
(2) A subject individual
			 may appeal a final fitness determination outcome of a denied or restricted
			 approval. To appeal a Final Fitness Determination, the subject individual or
			 the subject individual's legal representative shall submit a written request
			 for a contested case hearing to the address specified in the written notice
			 provided by the Agency within 14 calendar days of the date appearing on the
			 written notice from the Agency. The Agency shall address a request received
			 after the expiration of the deadline as provided under OAR
			 137-003-0528.
(3) When a timely
			 request for a contested case hearing is received by the Agency under subsection
			 (2), a contested case hearing shall be conducted by the Office of
			 Administrative Hearings.
(4)
			 Confidentiality. The Agency or the administrative law judge may protect
			 information made confidential by ORS
			 181A.195 or other applicable law as provided by OAR 137-003-0568.
(5) No Public Attendance. Contested case
			 hearings on fitness determinations are closed to non-participants.
(6) Proposed and Final Order:
(a) Proposed Order. After a hearing, the
			 administrative law judge will issue a proposed order.
(b) Default. A completed final fitness
			 determination made under OAR 863-003-0050  becomes final:
(A) unless the subject individual makes a
			 timely request for a hearing; or
(B) when a party withdraws a hearing request,
			 notifies the Agency or the ALJ that the party will not appear, or fails to
			 appear at the hearing
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 3 - EMPLOYEE CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 863-003-0100 - Recordkeeping and Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Criminal offender information obtained in
			 the criminal records check is confidential. The Agency must restrict the
			 dissemination of information obtained in the criminal records check. Only
			 persons identified by the Agency with a demonstrated and legitimate need to
			 know the information may have access to the criminal records check
			 records.
(2) If a fingerprint-based
			 criminal records check was conducted on a subject individual, the Agency shall
			 permit that subject individual to inspect the state and federal criminal
			 offender information, unless prohibited by state or federal law and only to the
			 extent required by the terms of Public law.
(3) Sharing information. Final fitness
			 determination results may be shared with other authorized agencies that have
			 already made a fitness determination for the subject individual once they have
			 received a request pursuant to ORS
			 181A.195(10)(c)(A).
Statutory/Other Authority: ORS
				  696.385,
				  ORS
				  696.790  & ORS
				  181A.195
Statutes/Other Implemented: ORS
				  696.790  & ORS
				  181A.195
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 3 - EMPLOYEE CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 863-003-0110 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Agency may
			 charge a fee, not to exceed the actual cost to the Agency, for acquiring and
			 furnishing criminal offender information, including re-evaluations of criminal
			 background determinations.
(2) The
			 Agency may charge the fee to the subject individual on whom criminal offender
			 information is sought or, if the subject individual is an employee of an Agency
			 contractor or vendor and is undergoing a fitness determination in that
			 capacity, the Agency may charge the fee to the subject individual's
			 employer.
Statutory/Other Authority: ORS
				  696.385,
				  ORS
				  696.790  & ORS
				  181A.195
Statutes/Other Implemented: ORS
				  696.790  & ORS
				  181A.195
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 5 - CRIMINAL RECORDS CHECK AND CRIMINAL BACKGROUND FITNESS DETERMINATION RULES › Section 863-005-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules control the Real Estate Agency's acquisition of
				information about a subject individual's criminal history through criminal
				records checks or other means and its use of that information to determine
				whether the subject individual is trustworthy and competent to hold a real
				estate license or registration. The criminal background check is only one
				portion of the approval process required to obtain a license or
				registration.
Statutory/Other Authority: ORS 181.534, 696.022, 696.301&
				  696.790
Statutes/Other Implemented: ORS
				  181.534
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 5 - CRIMINAL RECORDS CHECK AND CRIMINAL BACKGROUND FITNESS DETERMINATION RULES › Section 863-005-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 863, division 5 unless the context
				requires otherwise, the following definitions apply:
(1) "Agency" means the State of Oregon Real
			 Estate Agency.
(2) "Authorized
			 Designee" means a person authorized by the Real Estate Commissioner to obtain
			 and review criminal offender information and other criminal records information
			 about a subject individual through criminal records checks and other means, and
			 to conduct a criminal background fitness determination in accordance with these
			 rules.
(3) "Conviction" means that
			 a court of law has entered a final judgment on a verdict or finding of guilty,
			 a plea of guilty, or a plea of nolo contendere (no contest) against a subject
			 individual in a criminal case, unless that judgment has been reversed or set
			 aside by a subsequent court decision.
(4) "Criminal Background Clearance" means
			 that, pursuant to a criminal background check, an authorized designee has
			 determined that a subject individual is trustworthy and competent to be a
			 licensee through a criminal background fitness determination.
(5) "Criminal Offender Information" includes:
(a) Records and related data concerning
			 physical description and vital statistics;
(b) Fingerprints received and compiled by the
			 Oregon Department of State Police to identify criminal offenders and alleged
			 offenders;
(c) Records of arrests;
			 and
(d) The nature and disposition
			 of criminal charges, including sentencing, confinement, parole and release
			 records.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 5 - CRIMINAL RECORDS CHECK AND CRIMINAL BACKGROUND FITNESS DETERMINATION RULES › Section 863-005-0010 - Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A subject individual shall complete and
			 sign an Agency background check application and an applicant fingerprint card
			 approved by the Agency.
(2) Within
			 a reasonable period of time, a subject individual shall provide additional
			 information as requested by the agency to resolve any issue hindering the
			 completion of a criminal records check.
(3) An authorized designee shall request that
			 the Oregon Department of State Police conduct a criminal records check for all
			 new licensee and registrant applications.
(4) An authorized designee may request that
			 the Oregon Department of State Police conduct a criminal background records
			 check for licensee and registrant renewal applications when there is reason to
			 believe that:
(a) A subject individual
			 committed a crime listed in OAR 863-005-0030; or
(b) A factor relevant to a criminal
			 background fitness determination listed in OAR 863-005-0020  was not previously
			 identified.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 5 - CRIMINAL RECORDS CHECK AND CRIMINAL BACKGROUND FITNESS DETERMINATION RULES › Section 863-005-0020 - Criminal Background Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An authorized designee shall make a
			 criminal background fitness determination about a subject individual based on:
(a) Background check application and
			 fingerprint card;
(b) Any criminal
			 records check(s) conducted; and
(c)
			 Any false statements made by the subject individual.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 5 - CRIMINAL RECORDS CHECK AND CRIMINAL BACKGROUND FITNESS DETERMINATION RULES › Section 863-005-0040 - Incomplete Criminal Background Application

Current through Register Vol. 63, No. 7, July 1, 2024
The Agency will close an incomplete criminal background
				application and terminate a criminal background fitness determination without
				issuing a decision when:
(1) The
			 subject individual submits a written request to withdraw a criminal background
			 application for a new license or registration, or license or registration
			 renewal, or otherwise requests the Agency to terminate a criminal records
			 check;
(2) The subject individual
			 does not provide the Agency all of the materials and information required under
			 OAR 863-005-0010  within a reasonable period of time;
(3) A subject individual does not respond to
			 an authorized designee's request for additional information within a reasonable
			 period of time; or
(4) The subject
			 individual fails or refuses to cooperate with an authorized designee's attempts
			 to acquire other criminal records information under OAR 863-005-0020.
Statutory/Other Authority: ORS 181.534, 696.022 &
				  696.790
Statutes/Other Implemented: ORS
				  181.534
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 5 - CRIMINAL RECORDS CHECK AND CRIMINAL BACKGROUND FITNESS DETERMINATION RULES › Section 863-005-0050 - Notice to Subject Individual of Incomplete Criminal Background Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 an authorized designee proposes to close an incomplete criminal background
			 application and terminate a criminal background fitness determination without
			 issuing a decision the authorized designee shall:
(a) Provide written notice via first class
			 mail to the subject individual within 14 calendar days of a decision to
			 terminate the subject individual's criminal background fitness determination
			 due to incompleteness;
(b) State
			 the reason the subject individual's criminal background fitness determination
			 application was found to be incomplete; and
(c) Record on the notice the date the
			 criminal background fitness determination application was terminated and closed
			 due to incompleteness.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 5 - CRIMINAL RECORDS CHECK AND CRIMINAL BACKGROUND FITNESS DETERMINATION RULES › Section 863-005-0060 - Notice to Subject Individual of Criminal Background Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An authorized
			 designee shall provide written notice to a subject individual that the Agency
			 has completed a requested criminal background fitness determination. The notice
			 shall state the date the Agency completed the criminal background fitness
			 determination and the Agency's decision to approve or deny a criminal
			 background fitness determination application. If the Agency denies a criminal
			 background fitness determination, the notice shall state the reason for the
			 denial based on the factors described in OAR 863-005-0020(5).
(2) The Agency shall mail notice of a
			 criminal background fitness determination via first class mail to the address
			 provided by the subject individual on the Agency background check application,
			 or to an updated address as provided in writing by the subject individual no
			 later than 14 calendar days after the date the Agency has completed a criminal
			 background fitness determination.
Statutory/Other Authority: ORS 181.534, 696.022 &
				  696.790
Statutes/Other Implemented: ORS
				  181.534
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 5 - CRIMINAL RECORDS CHECK AND CRIMINAL BACKGROUND FITNESS DETERMINATION RULES › Section 863-005-0070 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A subject
			 individual may not appeal a criminal background fitness determination or a
			 decision to close a criminal background fitness determination for reason of
			 incompleteness.
(2) If a licensing
			 or registration applicant wishes to, they may complete any additional
			 pre-licensing/registration requirements and submit a completed
			 license/registration application together with the required fees. Upon review
			 of a completed license/registration application, the agency shall issue a
			 "notice of intent to deny" that describes the reason for the denial. The notice
			 shall also include information required by OAR 137-003-0505  that describes the
			 subject individual's right to request a contested case hearing to appeal the
			 agency's decision.
(3) Contested
			 case hearings on criminal background fitness determinations shall be closed to
			 non-participants.
(4) A subject
			 individual may not use the appeals process established by this rule to
			 challenge the accuracy or completeness of information provided by the Oregon
			 Department of State Police, the Federal Bureau of Investigation, or any other
			 agency reporting information to the Oregon Department of State Police or the
			 Federal Bureau of Investigation.
(5) Any challenge to any information provided
			 by the Oregon Department of State Police, the Federal Bureau of Investigation,
			 or any other agency reporting information to the Oregon Department of State
			 Police or the Federal Bureau of Investigation must follow the appeal process
			 prescribed by the reporting agency.
(6) If the subject individual successfully
			 challenges the accuracy or completeness of any information provided by the
			 Oregon Department of State Police, the Federal Bureau of Investigation, or an
			 agency reporting information to the Oregon Department of State Police or the
			 Federal Bureau of Investigation that the agency relied on to support a decision
			 to deny a criminal background fitness determination, the subject individual may
			 request the agency to conduct a new criminal records check and re-evaluate the
			 original criminal background fitness determination made under OAR 863-005-0020.
			 The subject individual shall submit a new background check application to the
			 agency within 30 days of the date the Oregon Department of State Police, the
			 Federal Bureau of Investigation, or an agency reporting information to the
			 Oregon Department of State Police or the Federal Bureau of Investigation issues
			 a corrected criminal background report.
Stat. Auth.: ORS
				  181.534,
				  696.022,
				  696.790
Stats. Implemented: ORS
				  181.534
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 5 - CRIMINAL RECORDS CHECK AND CRIMINAL BACKGROUND FITNESS DETERMINATION RULES › Section 863-005-0080 - Recordkeeping and Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An authorized designee shall maintain all
			 documents on a criminal background fitness determination or the closing of a
			 criminal background fitness determination due to incompleteness in accordance
			 with applicable archive retention requirements.
(2) Records the Agency receives from the
			 Oregon Department of State Police resulting from a criminal records check,
			 including but not limited to Law Enforcement Data System (LEDS) reports and
			 state or federal criminal offender information originating with the Oregon
			 Department of State Police or the Federal Bureau of Investigation, are
			 confidential pursuant to ORS 181A.195.
(3) Within the Agency, only an authorized
			 designee shall have access to records the Agency receives from the Oregon
			 Department of State Police resulting from a criminal records check.
(4) An authorized designee shall maintain and
			 disclose any records received from the Oregon Department of State Police
			 resulting from a criminal records check in accordance with applicable
			 requirements and restrictions in ORS Chapter 181A and other applicable federal
			 and state laws, rules adopted by the Oregon Department of State Police in OAR
			 chapter 257, division 15, these rules, and any written agreement between the
			 Agency and the Oregon Department of State Police.
(5) If a fingerprint-based criminal records
			 check was conducted on a subject individual, the Agency shall permit that
			 subject individual to inspect the state and federal criminal offender
			 information, unless prohibited by state or federal law.
(6) If a subject individual with a right to
			 inspect criminal offender information under section (5) of this rule requests,
			 the Agency shall provide the subject individual with a copy of the individual's
			 own state and federal criminal offender information, unless prohibited by state
			 or federal law.
(7) In addition to
			 the records described in section (2) of this rule, the Agency shall treat all
			 records received or created under these rules that concern a subject
			 individual's criminal history as confidential pursuant to ORS
			 181A.195.
(8) Within the Agency,
			 only an authorized designee shall have access to the records identified under
			 section (7) of this rule.
Statutory/Other Authority: ORS 181.534, 696.022, 696.790&
				  ORS 181A.195
Statutes/Other Implemented: ORS
				  181.534
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 5 - CRIMINAL RECORDS CHECK AND CRIMINAL BACKGROUND FITNESS DETERMINATION RULES › Section 863-005-0090 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The agency shall charge a fee for acquiring criminal offender
				information to make a criminal background fitness determination, including
				re-evaluations of criminal background determinations made pursuant to OAR
				863-005-0070. The fee shall not exceed the fee(s) charged the agency by the
				Oregon Department of State Police and the Federal Bureau of
				Investigation.
Stat. Auth.: ORS
				  181.534,
				  696.022,
				  696.790
Stats. Implemented: ORS
				  181.534
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 10 - REAL ESTATE MARKETING ORGANIZATION RULES › Section 863-010-0600 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 863-010-0600  to 863-010-0660, unless the context
				requires otherwise:
(1) "Principal" or
			 Principal person" includes owners of real estate marketing organizations having
			 not less than 10% ownership interest in the organization, on-site managers who
			 provide direct supervision of real estate marketing employees in their real
			 estate marketing activity and any telemarketing independent contractor
			 employee.
(2) "Telemarketing
			 independent contractor employee" means any person or other legal entity
			 employed by a real estate marketing organization by means of an Independent
			 Contractor's Agreement or some similar agreement to carry out real estate
			 marketing on behalf of the real estate marketing organization. Any employees of
			 the telemarketing independent contractor employee must be registered with the
			 Real Estate Agency as a real estate marketing employee.
Statutory/Other Authority: Section 4(1), Ch. 217, OL
				  1995
Statutes/Other Implemented: ORS
				  696.606
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 10 - REAL ESTATE MARKETING ORGANIZATION RULES › Section 863-010-0610 - Application for Licensing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior
			 to being issued a real estate marketing organization license, a real estate
			 marketing organization shall file the following information with the Real
			 Estate Commissioner, using an online application process which is available
			 through the Agency's website:
(a) The name of
			 the organization and any and all names under which the organization will engage
			 in real estate marketing activity;
(b) The address and telephone number of the
			 main office of the organization and the address or addresses and telephone
			 numbers of all locations at which the organization will engage in real estate
			 marketing activity;
(c) The names
			 and addresses of all owners of the real estate marketing organization and the
			 percentage of ownership for each owner if it is 10% or greater;
(d) If the organization is a partnership,
			 L.L.C. or corporation, the names and addresses of the members and/or
			 officers;
(e) The names of all
			 on-site managers acting on behalf of the real estate marketing organization;
			 and
(f) The name and address of all
			 land developments or other clients for whom real estate marketing will be
			 conducted; and
(g) The executed
			 independent contractor agreements for any telemarketing independent contractor
			 employees.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 10 - REAL ESTATE MARKETING ORGANIZATION RULES › Section 863-010-0620 - Term of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A new
			 real estate marketing organization license shall be for a period of not more
			 than 13 months and a renewal of such license shall be for a period of not more
			 than 12 months from the expiration of the prior license.
(2) A real estate marketing organization's
			 license expires on June 30 each year. A licensee may not engage in real estate
			 marketing activity after a license expires.
(3) The Agency may renew a real estate
			 marketing organization's license when the Agency has received the following:
(a) The renewal fee authorized by OAR
			 863-010-0640.
(b) An online
			 renewal.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 10 - REAL ESTATE MARKETING ORGANIZATION RULES › Section 863-010-0630 - Issuance of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 receipt of all information required under OAR 863-010-0610  and completion of
			 all processing of the information except for the completion of a criminal
			 history check of the principal persons, a letter of authorization shall be
			 issued to the real estate marketing organization which will allow it to engage
			 in real estate marketing activity pending the completion of the criminal
			 history check.
(2) Upon
			 satisfactory completion of the criminal history check on all principal persons
			 of the organization, a real estate marketing organization license will be
			 issued effective as of the date of the letter of authorization.
Stat. Auth.: Sec. 4(1), Ch. 217, OL 1995
Stats. Implemented: ORS
				  696.606
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 10 - REAL ESTATE MARKETING ORGANIZATION RULES › Section 863-010-0640 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The following fees shall apply to filings made pursuant to
				Chapter 217, Oregon Laws 1995:
(1)
			 Issuance or renewal of a real estate marketing organization license:
			 $500.00;
(2) Filing of change of
			 information required by OAR 863-010-0610(5): $75.00; and
(3) Processing of each fingerprint card and
			 criminal history check: $40.00.
Stat. Auth.: Sec. 4(1), Ch. 217, OL 1995
Stats. Implemented: ORS
				  696.606
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 10 - REAL ESTATE MARKETING ORGANIZATION RULES › Section 863-010-0650 - Real Estate Marketing Employee Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each real estate marketing employee must
			 be hired by, registered under, work under and use his or her legal name in real
			 estate marketing activity for a licensed real estate marketing
			 organization.
(2) No person may act
			 as a real estate marketing employee until such time as his or her name has been
			 registered with the Real Estate Commissioner as a real estate marketing
			 employee. There is no fee for such registration other than the initial
			 application fee or change of information fee. It is the obligation of the real
			 estate marketing organization to provide such registration prior to allowing an
			 employee to engage in real estate marketing activity.
(3) In accordance with OAR 863-010-0610(5),
			 real estate marketing organizations shall immediately notify the Real Estate
			 Commissioner upon the termination of any real estate marketing
			 employee.
(4) A real estate
			 licensee whose real estate license is on active status may not become a
			 registered real estate marketing employee until such time as the real estate
			 license is placed on inactive status with the Real Estate Agency or otherwise
			 removed from active status.
(5) A
			 registered real estate marketing employee is not a real estate licensee and
			 therefore not required to make the disclosures contemplated by ORS
			 696.800 to
			 696.855. However, if the
			 services of a real estate marketing organization are retained by a real estate
			 broker, then the real estate marketing organization and its employees will be
			 required to make any disclosures required to be made by the employing real
			 estate broker.
Stat. Auth.: Sec. 4(1), Ch. 217, OL 1995
Stats. Implemented: ORS
				  696.606
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 10 - REAL ESTATE MARKETING ORGANIZATION RULES › Section 863-010-0660 - Onsite Inspection of Nonresident Real Estate Marketing Organizations

Current through Register Vol. 63, No. 7, July 1, 2024
The Real Estate Commissioner may delegate any necessary onsite
				inspection of nonresident real estate marketing organizations to an agency of
				the state or foreign country in which the nonresident real estate marketing
				organization is located and which is found by the Commissioner to be the
				appropriate local regulatory agency.
Statutory/Other Authority: Sec. 4(1), Ch. 217, OL 1995
Statutes/Other Implemented: ORS
				  696.627
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 14 - REAL ESTATE BROKER LICENSING › Section 863-014-0000 - Applicability and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 division sets forth the requirements and process for licensing real estate
			 brokers and principal real estate brokers, as those terms are defined in ORS
			 696.010.
(2) The purpose of this division is to
			 specify the requirements for obtaining the desired real estate
			 license.
Stat. Auth.: ORS
				  696.385
Stats. Implemented: ORS
				  696.020 &
				  696.022
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 14 - REAL ESTATE BROKER LICENSING › Section 863-014-0003 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division, unless the context requires
				otherwise, the following definitions apply:
(1) "Agency" means the Real Estate Agency
			 with powers pursuant to ORS
			 696.385.
(2) "Agency-approved form" means an
			 electronic or paper form approved by the Real Estate Agency.
(3) "Board" means the Real Estate Board
			 established pursuant to ORS
			 696.405.
(4) "Branch office" is defined in ORS
			 696.010.
(5) "Commissioner" means the Real Estate
			 Commissioner described in ORS
			 696.375.
(6) "Incapacitated" means the physical or
			 mental inability to perform the professional real estate activities described
			 in ORS 696.010.
(7) "Legal name" means the first name, middle
			 name and last or surname, without the use of initials or nicknames and is the
			 name given at birth or subsequently acquired through marriage, court order or
			 adoption.
(8) "Licensed Name"
			 means the name of a real estate licensee as it appears on the current, valid
			 real estate license issued to the licensee pursuant to ORS
			 696.020.
(9) "Principal broker" means "principal real
			 estate broker," as defined in ORS
			 696.010.
(10) "Principal Broker Licensed Name" means
			 the licensed name of a principal broker under which the licensee will conduct
			 professional real estate activity. The principal broker's licensed name must be
			 the principal broker's legal name as displayed on the licensee's license.
(11) "Real estate activity,"
			 "professional real estate activity," and "real estate business" mean
			 "professional real estate activity" as defined in ORS
			 696.010.
(12) "Real estate broker" is defined in ORS
			 696.010 and includes a principal
			 real estate broker, as that term is defined in ORS
			 696.010, unless the context
			 requires otherwise.
(13) "Real
			 estate licensee" and "licensee" mean a "real estate licensee" as defined in ORS
			 696.010, unless the context
			 requires otherwise.
(14)
			 "Registered business name" is defined in ORS
			 696.010.
(15) "Signed" or "Signature" means original
			 or electronic signature as provided by OAR 863-014-0076.
Stat. Auth.: ORS
				  696.385
Stats. Implemented: ORS
				  696.020 &
				  696.022
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 14 - REAL ESTATE BROKER LICENSING › Section 863-014-0010 - License Application Form and Content

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Effective July 1, 2011, before the Agency
			 will accept any documents or information relating to an applicant's
			 qualifications, an applicant for a real estate broker or principal broker
			 license must submit an online application and fee required under this rule.
(2) Effective September 15, 2011,
			 before the Agency will accept any documents or information relating to an
			 applicant's qualifications, an applicant for a real estate broker license or
			 principal broker license must submit an application and pay the fee required
			 under this rule using an online application process that is available through
			 the Agency's website.
(3) The
			 license application includes:
(a) The
			 applicant's legal name as defined in OAR 863-014-0003, mailing address, email
			 address and phone number.
(b) The
			 applicant's date and place of birth.
(c) The applicant's Social Security Number or
			 Individual Taxpayer Identification Number.
(d) Certification by the applicant that the
			 applicant has a high school diploma, General Educational Development (GED)
			 certificate or the international equivalent.
(e) Certification by the applicant that the
			 applicant is at least 18 years of age.
(f) For a real estate broker license
			 applicant or a principal broker license applicant, who is not an active or
			 inactive Oregon real estate licensee, whether the applicant:
(A) Has ever been convicted of or is under
			 arrest, investigation, or indictment for a felony or misdemeanor;
(B) Has ever been refused a real estate
			 license or any other occupational or professional license in any other state or
			 country;
(C) Has ever had any real
			 estate license or other occupational or professional license revoked or
			 suspended; or
(D) Has ever been
			 fined or reprimanded as such a licensee.
(g) Any other information the commissioner
			 considers necessary to evaluate the applicant's trustworthiness and competency
			 to engage in professional real estate activity in a manner that protects the
			 public interest.
(h) Certification
			 by the applicant that all information provided by the applicant is true and
			 correct.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 14 - REAL ESTATE BROKER LICENSING › Section 863-014-0015 - Background Check Application and Fingerprint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant for real estate broker or
			 principal real estate broker license must submit to a background check, except
			 an applicant who is currently licensed as a real estate broker, principal real
			 estate broker, or real estate property manager or who is eligible for renewal
			 of such licenses.
(2) The
			 background check includes a criminal background check as provided in OAR
			 chapter 863, division 005, which requires the applicant to provide
			 fingerprints.
(3) The Agency and a
			 vendor for fingerprinting services ("fingerprint service provider") have
			 contractually agreed that:
(a) The
			 fingerprint service provider will provide fingerprint services to license
			 applicants and submit the fingerprints to the Oregon State Police for Oregon
			 and nationwide criminal history checks.
(b) A license applicant may only submit
			 fingerprints required by the Agency through the fingerprint services provider.
(c) A license applicant must pay
			 the fee for fingerprinting, authorized under ORS
			 696.270, directly to the
			 fingerprint services provider.
(d)
			 A license applicant must provide fingerprints according to the requirements and
			 instructions of the fingerprint services provider.
(e) A license applicant must have submitted a
			 license application to the Agency before providing fingerprints.