reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 25 - SCOPE OF PRACTICE AND PROCEDURES › Section 161-025-0030 - Appraiser Assistant

Current through Register Vol. 63, No. 7, July 1, 2024
The appraiser assistant must register with the Board in order
				to receive experience credit towards obtaining a real estate appraiser license
				or certificate.
(1) An appraiser
			 assistant must work under the direct supervision of an Oregon certified
			 appraiser.
(2) The appraiser
			 assistant, before performing an assignment for a supervising appraiser, must
			 have the knowledge and experience to complete the assignment
			 competently.
(3) All appraisal work
			 completed by an appraiser assistant shall be prepared in compliance with USPAP
			 and these administrative rules.
(4)
			 An appraiser assistant may assist in the preparation of any and all components
			 of the appraisal.
(5) An appraiser
			 assistant may sign an appraisal report, provided their supervising appraiser
			 co-signs the appraisal report and accepts full responsibility for the contents
			 of the appraisal report.
(6) The
			 extent of the assistance provided by an appraiser assistant to a supervising
			 appraiser must be disclosed in the appraisal report as described in OAR
			 161-025-0025(4).
(7) When
			 inspecting a property, the appraiser assistant must not misrepresent their
			 status and at all times clearly identify themselves as a registered appraiser
			 assistant.
(8) The scope of
			 practice for the appraiser assistant is the appraisal of those properties which
			 the supervising appraiser is permitted to appraise.
(9) An appraiser assistant will only be
			 granted experience credit if they have demonstrated that they have provided
			 substantial professional real estate appraisal assistance in all categories of
			 experience as outlined in OAR 161-025-0025(1)(a) through (h).
(10) The appraiser assistant is entitled to
			 obtain copies of any appraisal reports on which they provided professional real
			 estate appraisal assistance.
(11)
			 The appraiser assistant may have more than one supervising appraiser, each of
			 whom must jointly maintain the appraisal experience log with the appraiser
			 assistant to assure the log is accurate, current and complies with Oregon
			 Administrative Rules. At a minimum, the appraisal log requirements shall
			 include:
(a) Type of property;
(b) Date of Report;
(c) Address of appraised property;
(d) Description of work performed by the
			 appraiser assistant and the scope of the review and supervision of the
			 Supervisory Appraiser;
(e) Number
			 of actual work hours by the appraiser assistant on the assignment;
			 and
(f) The signature and state
			 certification number of the supervisory appraiser.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 25 - SCOPE OF PRACTICE AND PROCEDURES › Section 161-025-0040 - Advertising Practices

Current through Register Vol. 63, No. 7, July 1, 2024
A licensee advertising through any media may be identified as a
				state certified general appraiser, state certified residential appraiser or
				state licensed appraiser by listing the appropriate designated licensed or
				certified status and the appraiser's license or certificate number. No
				advertising may be misleading in characterizing the category of licensure or
				certification possessed by a licensee. A registered appraiser assistant shall
				not represent, nor advertise in any manner or through any media, which may
				mislead the public into believing that they are a licensee or that they are
				authorized to perform the functions of a licensee, and at all times clearly
				identify themselves as a registered appraiser assistant. For purposes of this
				section, "media" includes, but is not limited to, newspapers, magazines,
				business cards, and directories, including all listings in telephone
				directories.
Stat. Auth.: ORS
				  674.305(8)
				  & 674.310
Stats. Implemented: ORS
				  674.310
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 25 - SCOPE OF PRACTICE AND PROCEDURES › Section 161-025-0050 - Records and Appraisal Report Retention Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every state certified appraiser and every
			 state licensed appraiser shall maintain and have custody of records of all real
			 estate appraisal activity conducted by the appraiser or make appropriate work
			 file retention and/or retrieval arrangements with the party having custody of
			 such records. Such records shall be maintained by the appraiser for a period of
			 at least five years after the date of completion of the appraisal to which the
			 record pertains, or at least two years after final disposition of any judicial
			 proceeding in which the appraiser provided testimony related to the assignment,
			 whichever period expires last.
(2)
			 Such records shall at all times be open for inspection by the Board or its duly
			 authorized representatives.
(3) A
			 chronological log of all real estate appraisal activity must be provided by
			 each individual state certified appraiser or state licensed appraiser upon
			 request by the Administrator.
Stat. Auth.: ORS
				  674.150,
				  674.305(8)
				  & 674.310
Stats. Implemented: ORS
				  674.310
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 30 - CRIMINAL BACKGROUND › Section 161-030-0000 - Criminal Background

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purposes of this section, "Subject Individual" means:
(a) Any licensee as defined in OAR
			 161-002-0000(22).
(b) Any
			 applicant for a certificate, or registration under ORS Chapter 674 or any
			 applicant for renewal of a license, certificate, or registration under ORS
			 Chapter 674.
(c) Any Board
			 employee, volunteer, or any other person the Board may require fingerprints for
			 the purpose of conducting a state or nationwide criminal records check as
			 identified in ORS 674.105.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 40 - INACTIVE STATUS › Section 161-040-0000 - Inactive Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 certified or licensed appraiser may, upon compliance with the provisions of
			 this section, transfer his or her license or certificate from active to
			 inactive status.
(2) The appraiser
			 shall submit a written request to the Board on a form prescribed by the Board,
			 that he or she desires to be placed on inactive status and shall accompany the
			 request with the appropriate fee and required continuing education.
(3) The Board shall, promptly after receipt
			 of such request, provide written notice to the applicant that the applicant has
			 been placed on inactive status.
(4) The applicant for inactive status shall
			 not sign or issue any appraisal reports on or after the date he or she submits
			 a request for conversion to inactive status to the Board
(5) A person of inactive status may convert
			 to active status as a state certified or state licensed appraiser, as
			 applicable, upon submission of a renewal application, on a form prescribed by
			 the Board, and upon that person's submission of all information required by
			 that form and payment of the appropriate fees.
Stat. Auth.: ORS
				  674.305(8)
				  & 674.310
Stats. Implemented: ORS
				  674
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 50 - MISCELLANEOUS PROVISIONS › Section 161-050-0000 - Temporary Non-Resident Registration of Out-of-State Appraisers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board will
			 recognize temporarily the license or certificate of an appraiser issued by
			 another state if:
(a) The appraiser is a
			 non-resident of Oregon;
(b) The
			 appraiser's business is of a temporary nature; and
(c) The appraiser registers with the Board.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 50 - MISCELLANEOUS PROVISIONS › Section 161-050-0010 - Grandfathering Not Permitted

Current through Register Vol. 63, No. 7, July 1, 2024
No applicant shall be deemed exempt from meeting the criteria
				established for licensing or certification, or be otherwise "grandfathered"
				into the Oregon appraiser licensing and certification system.
Stat. Auth.: ORS
				  674.305(8)
				  & ORS 674.310
Stats. Implemented: ORS
				  674.310
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 50 - MISCELLANEOUS PROVISIONS › Section 161-050-0020 - Discrimination

Current through Register Vol. 63, No. 7, July 1, 2024
It is the policy of the Board to implement the provisions of
				ORS Chapter 674 impartially and fairly without regard to an individual's race,
				color, national origin, religion, disability, sex, sexual orientation, gender
				identity, age, marital status, membership status in any particular appraisal
				organization, or possession of certain professional designations.
Statutory/Other Authority: ORS
				  674.305(8)
				  & 674.310
Statutes/Other Implemented: ORS
				  674.310
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 50 - MISCELLANEOUS PROVISIONS › Section 161-050-0030 - Display of Certificate or License

Current through Register Vol. 63, No. 7, July 1, 2024
Each licensee, and each appraiser assistant registered in this
				state (other than those of inactive status), shall display prominently, his or
				her license or certificate or registration in their principal place of
				business.
Stat. Auth.: ORS
				  674.305(8)
				  & 674.310
Stats. Implemented: ORS
				  674.310
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 50 - MISCELLANEOUS PROVISIONS › Section 161-050-0040 - Changes in Application/Renewal Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every licensee, registered appraiser
			 assistant or applicant must notify the Board, in writing or by e-mail, of a
			 change in any of the following information within ten business days of the
			 change:
(a) Name;
(b) Business or Employer physical and mailing
			 address;
(c) Home physical and
			 mailing address;
(d) Work
			 telephone;
(e) Home
			 telephone;
(f) Facsimile;
(g) Social Security Number; or
(h) E-mail address.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 500 - DEFINITIONS › Section 161-500-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions in ORS
				674.200, and as used in OAR
				Chapter 161 Divisions 500 through 570, the following terms (whether capitalized
				or not) shall have the following meanings:
(1) "Appraisal Report" has the same meaning
			 as defined in OAR 161-002-0000.
(2)
			 "Assignment" means:
(a) An agreement between
			 an appraiser and a client to perform a valuation service;
(b) The valuation service that is provided as
			 a consequence of such an agreement.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 510 - FEES › Section 161-510-0010 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall charge and collect the following non-refundable
				fees:
(1) Application fee -
			 $1,000;
(2) Registration fee (two
			 years) - $3,000;
(3) Fee for
			 Registration Renewed (two years) - $4,250;
(4) Fee for Late Renewal - $1,000;
(5) Fee for Duplicate Registration -
			 $40;
(6) Annual Appraisal
			 Subcommittee (ASC) Fee - Actual Fee;
(7) Fingerprint and Background Checks -
			 Actual Fee;
(8) Fee for Change or
			 Addition of Subject Individual - $500;
(9) Fee for Change of Business Name -
			 $1,000;
(10) Fee for Registration
			 History - $50;
(11) Fee for Late
			 Annual Report - $1,500.
Statutory/Other Authority: ORS
				  183.355,
				  ORS
				  674.305(7),
				  ORS
				  674.310  & 2011 OL Ch. 447
Statutes/Other Implemented: ORS
				  674.310  & 2011 OL Ch. 447
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 520 - REGISTRATION REQUIREMENTS › Section 161-520-0005 - Business Name Registrations

Current through Register Vol. 63, No. 7, July 1, 2024
Before conducting business in Oregon, the appraisal management
				company must be registered with the Oregon Secretary of State's Corporation
				Division. For the purpose of this rule, "business name" means an assumed name
				or the name of a business entity such as a corporation, partnership, limited
				liability company, or other business entity recognized by law. The appraisal
				management company must maintain the registered business name with the Oregon
				Secretary of State's Corporation Division. The appraisal management company
				must use the registered business name for all transactions in this
				state.
Stat. Auth.: ORS
				  183.355,
				  674.305 &
				  674.310
Stats. Implemented: ORS
				  674.305(7),
				  674.310(2),
				  674.205,
				  674.215,
				  674.230,
				  674.245 &
				  674.250
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 520 - REGISTRATION REQUIREMENTS › Section 161-520-0010 - Registration Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
An appraisal management company applying for registration as an
				appraisal management company in Oregon shall submit to the Board all of the
				following:
(1) A completed application
			 form listing the information required by ORS
			 674.205 as follows:
(a) The name, address, website address, phone
			 and fax numbers of the appraisal management company. The name on the
			 application form must match the name registered with the Oregon Secretary of
			 State;
(b) The name, address, email
			 and phone contact information of an individual that will be the initial point
			 of contact for all communications with the Board;
(c) The name, address, email and phone
			 contact information of controlling person(s) of the appraisal management
			 company;
(d) The name, address,
			 email and phone contact information of any subject individual that owns 10
			 percent or more of the appraisal management company;
(e) For all subject individuals, the license,
			 certificate or registration numbers issued by any state to do business as an
			 appraiser.
(f) For appraisal
			 management companies, the license, certificate or registration numbers issued
			 by any state to do business as an appraisal management company;
(g) If the appraisal management company is
			 not domiciled in Oregon, the name and phone contact information for the
			 entity's agent for service of process in this state;
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 520 - REGISTRATION REQUIREMENTS › Section 161-520-0020 - Appraiser Competency

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 system to verify that each appraiser on the appraisal management company's
			 appraiser panel, shall meet the following minimum requirements:
(a) An appraisal management company shall
			 require that each independent contractor appraiser furnish their license or
			 certificate number issued by the Board under ORS
			 674.310;
(b) An appraisal management company shall
			 have a system in place to verify each independent contractor appraiser's
			 license or certificate renewal;
(c)
			 An appraisal management company shall prominently state in the
			 engagement/assignment document to the independent contractor appraiser that, by
			 the appraiser's acceptance and completion of the assignment, the appraiser
			 agrees and attests that they are competent to perform the appraisal
			 assignment;
(d) An appraisal
			 management company shall include the following information in an assignment to
			 an independent contractor appraiser, to the extent the appraisal management
			 company's client has communicated the information to the appraisal management
			 company:
(A) The geographic location of the
			 real property, which may include the metropolitan statistical area,
			 metropolitan division, area outside of a metropolitan statistical area, county,
			 postal code, legal description or other geographic information identifying
			 where the real property is situated; and
(B) The type of real property the assignment
			 covers.
(e) An appraisal
			 management company shall require that each independent contractor appraiser
			 completing appraisals at the request of the appraisal management company comply
			 with the Uniform Standards of Professional Appraisal Practice.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 520 - REGISTRATION REQUIREMENTS › Section 161-520-0030 - Renewal or Reactivation of Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An appraisal management company renewing
			 a registration as an appraisal management company shall submit to the Board all
			 of the following information:
(a) A completed
			 renewal application form listing the information required by ORS
			 674.205(2) as
			 follows:
(A) The name, address, website
			 address, phone and fax numbers of the appraisal management company;
(B) The name, address, email and phone
			 contact information of an individual that will be the initial point of contact
			 for all communications with the Board;
(C) The name, address, email and phone
			 contact information of the controlling person(s) of the appraisal management
			 company;
(D) The name, address,
			 email and phone contact information of any subject individual that owns 10
			 percent or more of the appraisal management company;
(E) For all subject individuals, the license,
			 certificate or registration numbers issued by any state to do business as an
			 appraiser or an appraisal management company;
(F) If the appraisal management company is
			 not domiciled in Oregon, the name, address and phone contact information for
			 the entity's agent for service of process in this state;
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 520 - REGISTRATION REQUIREMENTS › Section 161-520-0035 - Form of Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 applications must be submitted as prescribed in OAR 161-520-0010  and OAR
			 161-520-0030  on forms prescribed by the Board.
(2) Where space does not permit, the
			 applicant may attach appropriate addendum. All questions must be answered. All
			 forms must be signed and dated by the controlling person.
(3) Withholding information,
			 misrepresentation, or submission of untrue or false statements as part of the
			 application are deemed to demonstrate untrustworthiness and are cause for a
			 civil penalty under ORS
			 674.995 and either denial of an
			 application or subsequent disciplinary action, including revocation of
			 registration.
(4) An application
			 and the application fee shall be valid for six (6) months from receipt by the
			 Board. After six (6) months, the applicant must submit a new application with
			 the appropriate fee.
Stat. Auth.: ORS
				  183.355,
				  674.305 &
				  674.310
Stats. Implemented: ORS 674
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 520 - REGISTRATION REQUIREMENTS › Section 161-520-0040 - Change Or Addition Of Subject Individual

Current through Register Vol. 63, No. 7, July 1, 2024
An appraisal management company shall, within 30 business days,
				file with the Board, a notice of change or addition of a subject individual of
				the appraisal management company. Such notification shall be in writing on a
				form prescribed by the Board and include the following:
(1) A completed background check
			 authorization form for any new subject individual containing information
			 specified in OAR 161-530-0020;
(2)
			 A sealed envelope containing a fingerprint card for each new subject
			 individual; and
(3) Applicable fees
			 established in OAR 161-510-0030.
Stat. Auth.: ORS
				  183.355, ORS
				  674.305(7), ORS
				  674.310 & 2011 OL Ch. 447
Stats. Implemented: ORS
				  674.310 & 2011 OL Ch. 447
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 520 - REGISTRATION REQUIREMENTS › Section 161-520-0045 - Change in Business Name

Current through Register Vol. 63, No. 7, July 1, 2024
An appraisal management company must submit to the Board a
				notice of business name change within thirty (30) calendar days of the change.
				Such notification shall be in writing on a form prescribed by the Board along
				with the following:
(1) A corrected
			 surety bond as required by ORS
			 674.210;
(2) A copy of the Secretary of State business
			 registration with the company's new name; and
(3) Applicable fees as established in OAR
			 161-510-0010.
Stat. Auth.: ORS
				  183.355,
				  674.305 &
				  674.310
Stats. Implemented: ORS
				  674.305(7),
				  674.310(2),
				  674.205,
				  674.215,
				  674.230,
				  674.245 &
				  674.250
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 520 - REGISTRATION REQUIREMENTS › Section 161-520-0050 - Change of Individual Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
An appraisal management company with a change of individual
				ownership greater than fifty (50) percent interest in the appraisal management
				company, shall submit to the Board a notice of change of ownership. Such
				notification shall be in writing on a form prescribed by the Board, along with
				the following:
(1) A completed surety
			 bond required by ORS 674.210;
(2) A copy of the Secretary of State business
			 registration showing change of registered agent;
(3) A completed background check
			 authorization form for the new subject individual, containing information
			 specified in OAR 161-530-0020;
(4)
			 A sealed envelope containing a fingerprint card for the subject
			 individual;
(5) The application fee
			 established in OAR 161-510-0010; and
(6) The fingerprint and background check fee
			 established in OAR 161-510-0010.
Stat. Auth.: ORS
				  183.355,
				  674.305 &
				  674.310
Stats. Implemented: ORS
				  674.305(7),
				  674.310(2),
				  674.205,
				  674.215,
				  674.230,
				  674.245 &
				  674.250
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 520 - REGISTRATION REQUIREMENTS › Section 161-520-0055 - Change of Address

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 appraisal management company must maintain on file with the Board a current
			 physical and mailing address, and notify the Board within thirty (30) calendar
			 days of any change in either the physical or mailing address.
(2) A forwarding address is effective as a
			 current mailing address when the Board receives notice of the forwarding
			 address by the United States Postal Service.
Stat. Auth.: ORS
				  183.355,
				  674.305 &
				  674.310
Stats. Implemented: ORS
				  674.305(7),
				  674.310(2),
				  674.205,
				  674.215,
				  674.230,
				  674.245 &
				  674.250
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 520 - REGISTRATION REQUIREMENTS › Section 161-520-0060 - Termination or Cancellation of Surety Bond or Letter of Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the surety
			 bond or letter of credit maintained by an appraisal management company is
			 terminated or cancelled, the appraisal management company shall file a
			 replacement surety bond or letter of credit as soon as practicable or within
			 five days of the cancellation or termination, whichever occurs
			 sooner.
(2) An appraisal management
			 company that does not file a replacement surety bond or letter of credit under
			 paragraph (1) of this rule shall surrender the appraisal management company's
			 registration and cease operating as an appraisal management company.
Stat. Auth.: ORS
				  183.355,
				  674.305 &
				  674.310
Stats. Implemented: ORS
				  674.305(7),
				  674.310(2),
				  674.205,
				  674.215,
				  674.230,
				  674.245 &
				  674.250
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 530 - CRIMINAL BACKGROUND › Section 161-530-0010 - Criminal Records Check

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Board shall conduct a criminal records check on a subject individual as a
			 condition of issuing a registration as an appraisal management company, or when
			 there is a change or addition of a subject individual of an appraisal
			 management company.
(2) The subject
			 individual shall submit a completed criminal background authorization on a form
			 prescribed by the Board, along with a fingerprint card.
(3) The subject individual shall provide
			 additional information, as requested by the Board, to resolve any issue
			 hindering the completion of a criminal background check and/or fitness
			 determination.
(3) The Board shall
			 request that the Oregon State Police conduct Oregon and nationwide criminal
			 records checks through fingerprint identification. The Board may request or
			 conduct a Law Enforcement Data System (LEDS) criminal records check, as part of
			 any criminal background check and/or fitness determination, to meet the
			 requirements of this rule.
(4) If a
			 subject individual refuses to consent to a criminal records check, including
			 fingerprint identification, the Board shall not issue a registration as an
			 appraisal management company. A subject individual may not contest any
			 determination made based on a refusal to consent.
(5) Withholding information,
			 misrepresentation, or submission of untrue or false statements as part of the
			 criminal background authorization are deemed to demonstrate untrustworthiness
			 and are cause for a civil penalty under ORS
			 674.995 and either denial or
			 subsequent disciplinary action, including revocation of registration.
Stat. Auth.: ORS
				  183.355, ORS
				  674.305(7), ORS
				  674.310 & 2011 OL Ch. 447
Stats. Implemented: ORS
				  674.310 & 2011 OL Ch. 447
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 530 - CRIMINAL BACKGROUND › Section 161-530-0020 - Background Check Authorizations and Fingerprint Card

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The background check includes a criminal
			 background check and a criminal records request as provided in OAR Chapter 161,
			 Division 520. The subject individual must apply for the background check in
			 writing on a form approved by the Board with all information provided and
			 certified by the subject individual.
(2) The Board and a vendor for fingerprinting
			 services ("fingerprint service provider") have contractually agreed that:
(a) The fingerprint service provider will
			 provide electronic fingerprinting services to Oregon subject individuals and
			 submit the fingerprints electronically to the Oregon Department of State Police
			 to conduct statewide and nationwide criminal records checks though the Federal
			 Bureau of Investigation.
(b) All
			 Oregon subject individuals may only submit fingerprints required by the Board
			 through the fingerprint service provider. All other out of state subject
			 individuals must submit one completed fingerprint card, prescribed by the
			 Federal Bureau of Investigation and completed by a law enforcement agency or a
			 commercial fingerprinting entity.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 530 - CRIMINAL BACKGROUND › Section 161-530-0030 - Potentially Disqualifying Crimes; Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A "potentially disqualifying crime" means
			 a crime that:
(a) Reflects moral turpitude, or
			 an act or conduct which would cause a reasonable person to have substantial
			 doubts about the individual's honesty, fairness and respect for the rights of
			 others and for the laws of the state and the nation; and
(b) Is rationally connected to the business
			 entity's fitness to act as a controlling person or own 10 percent or more of an
			 appraisal management company.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 530 - CRIMINAL BACKGROUND › Section 161-530-0040 - Reporting Litigation Involving Subject Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A subject individual is required to
			 notify the Board of any of the following:
(a)
			 Any felony or misdemeanor conviction, including a no contest plea or bail
			 forfeiture;
(b) Any adverse
			 decision or judgment resulting from any civil or criminal suit or action or
			 arbitration proceeding, or any administrative, state or federal proceeding in
			 which the appraisal management company, or any subject individual thereof, was
			 named as a party and against whom allegations concerning any business conduct
			 or professional real estate appraisal activity is asserted; and
(c) Any adverse decision or judgment
			 resulting from any other criminal or civil proceedings that reflects adversely
			 on the "good moral character" requirement contained in ORS
			 674.205(3) and
			 OAR 161-530-0030(1).
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 540 - EMPLOYEE TRAINING › Section 161-540-0010 - Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Appraisal
			 management companies must provide specified training to employees who:
(a) Select appraisers for an appraiser
			 panel;
(b) Select appraisers to
			 perform real estate appraisal activity; or
(c) Perform quality control
			 examinations.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 550 - ANNUAL REPORTS › Section 161-550-0010 - Annual Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 appraisal management company shall annually submit to the Board on March 31 a
			 report disclosing the following information on a form prescribed by the Board;
(a) The number of independent contractor
			 appraisals in the preceding year for which the appraisal management company
			 performed appraisal management services in Oregon;
(b) For subject individuals, any action taken
			 by a state to refuse to issue, deny, cancel or revoke a license, certificate or
			 registration to act as an appraiser;
(c) For appraisal management companies, any
			 action taken by a state to refuse to issue, deny, cancel or revoke a license,
			 certificate or registration to act as an appraisal management
			 company.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 550 - ANNUAL REPORTS › Section 161-550-0020 - Records and Real Estate Appraisal Activity Report Retention Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An appraisal management company shall maintain a detailed record of each
			 service request that it receives, the appraiser that perform the real estate
			 appraisal activity and a complete copy of all completed reports for each
			 assignment. Records shall be maintained by the appraisal management company
			 for:
(a) Not less than five years after the
			 date of completion of the report to which the record pertains; or
(b) For a period of not less than two years
			 after final disposition of a judicial proceeding in which testimony relating to
			 the records are given, whichever period is longer.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 560 - AUDITS › Section 161-560-0010 - Audits Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 audit of an appraisal management company registered to provide appraisal
			 management services in Oregon may be conducted by the Board.
(2) In the case of a subsidiary or affiliate
			 of a financial institution engaging in business as an appraisal management
			 company without obtaining a registration to provide appraisal management
			 services in Oregon, the Board may conduct an audit of the appraisal management
			 company in a joint or alternating manner with the appropriate federal banking
			 agency or the Bureau of Consumer Financial Protection as permitted or required
			 by applicable law.
(3) The Board
			 may audit an appraisal management company at any time or times and may require
			 the production of such records at the office of the Board as often as is
			 necessary.
(4) An appraisal
			 management company that refuses to submit to an audit shall be considered to
			 have failed the audit.
Stat. Auth.: ORS
				  183.355, ORS
				  674.305(7), ORS
				  674.310 & 2011 OL Ch. 447
Stats. Implemented: ORS
				  674.310 & 2011 OL Ch. 447
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 560 - AUDITS › Section 161-560-0020 - Audit Standards

Current through Register Vol. 63, No. 7, July 1, 2024
An audit under OAR 161-560-0010  will examine the appraisal
				management company's compliance with ORS
				674.200 to
				674.250, including, but not
				limited to, examination of the following:
(1) The appraisal management company's
			 compliance with the minimum requirements in OAR 161-520-0020  regarding
			 appraiser competency.
(2) The
			 names, license or certification numbers, and competency information required by
			 OAR 161-520-0020  of the Oregon licensed or certified appraisers on the
			 appraisal management company's appraiser panel.
(3) Training materials used by the appraisal
			 management company to satisfy OAR 161-540-0010.
(4) Records of employees who received
			 training as required by OAR 161-540-0010.
(5) The appraisal management company's record
			 retention schedule, consistent with ORS
			 674.150 and OAR
			 161-550-0020.
(6) The appraisal
			 management company's business practices and transactions that may indicate:
(a) The appraisal management company
			 attempted to influence the development, reporting or review of an appraisal or
			 appraisal review assignment, consistent with the prohibitions established in
			 ORS 674.220.
(b) The appraisal management company
			 substantively altered in any way a completed appraisal report submitted by an
			 appraiser, consistent with the prohibition established in ORS
			 674.220.
(c) The appraisal management company failed
			 to make payments to an independent contractor appraiser for the completion of
			 an appraisal or appraisal review, excluding claims for breach of contract or
			 substandard performance, as established in ORS
			 674.225.
(d) The appraisal management company violated
			 any other provision established in ORS
			 674.200 to
			 674.250 or OAR chapter
			 161.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 570 - ENFORCEMENT › Section 161-570-0010 - Duty to Cooperate

Current through Register Vol. 63, No. 7, July 1, 2024
Every subject individual and employee of an appraisal
				management company must cooperate with the Board and must respond fully and
				truthfully to Board inquiries and comply with any requests from the Board,
				subject only to the exercise of any applicable right or privilege. Failure to
				cooperate with the Board is unethical and is grounds for discipline including
				revocation or suspension of a registration, imposition of a civil penalty, or
				denial of a registration, or any combination thereof.
Stat. Auth.: ORS
				  183.355, ORS
				  674.305(7), ORS
				  674.310 & 2011 OL Ch.
				  447
Stats. Implemented: ORS
				  674.310 & 2011 OL Ch. 447
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 570 - ENFORCEMENT › Section 161-570-0015 - Appraisal Review

Current through Register Vol. 63, No. 7, July 1, 2024
Any employee or independent contractor appraiser of an
				appraisal management company that performs the act or process of developing and
				communicating a reviewer's own opinion of value as part of an appraisal review
				for a property located in this state:
(1) Must be licensed or certified in this
			 state pursuant to ORS
			 674.100; and
(2) Must comply with the appraisal review
			 provisions of the Uniform Standards of Professional Appraisal
			 Practice.
Stat. Auth.: ORS
				  183.355,
				  674.305 &
				  674.310
Stats. Implemented: ORS
				  674.305(7),
				  674.310(2),
				  674.205,
				  674.215,
				  674.230,
				  674.245 &
				  674.250
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 570 - ENFORCEMENT › Section 161-570-0020 - Forwarding Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
An appraisal management company that receives a written
				complaint from a person with an interest in a real estate transaction
				shall:
(1) Forward the complaint to
			 the client; and
(2) Give written
			 notification to the person who submitted the complaint that the complaint was
			 forwarded to the client.
Stat. Auth.: ORS
				  183.355,
				  674.305 &
				  674.310
Stats. Implemented: ORS
				  674.305(7),
				  674.310(2),
				  674.205,
				  674.215,
				  674.230,
				  674.245 &
				  674.250
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 570 - ENFORCEMENT › Section 161-570-0025 - Allegation Reports

Current through Register Vol. 63, No. 7, July 1, 2024
An allegation report may be filed against an appraisal
				management company and submitted to the Board's office.
(1) All allegation reports must be in
			 writing.
(2) Any person may file
			 an allegation report.
(3) A member
			 of the Board or the Administrator may initiate an allegation report.
(4) The Board will accept anonymous
			 allegation reports.
(5) The
			 allegation report will be reviewed by the Administrator or the Administrator's
			 designee to determine whether, there may be an objective basis to believe that
			 an alleged violation has occurred, or whether the matter may be dismissed as
			 either frivolous or not within the Board's jurisdiction.
(6) If the Administrator or the
			 Administrator's designee determines that there is an objective basis to believe
			 that an alleged violation has occurred, the Enforcement Oversight Committee
			 must review the report and the Board may initiate the investigation
			 process.
Stat. Auth.: ORS
				  183.355,
				  674.305 &
				  674.310
Stats. Implemented: ORS
				  674
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 570 - ENFORCEMENT › Section 161-570-0030 - Complaints, Investigations and Audits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A notice of investigation, together with
			 a true copy of the allegation report as submitted to the Board's office,
			 including all supporting documentation, shall be promptly sent by certified
			 mail, return receipt requested, to the last known address of each controlling
			 person of the appraisal management company. Unless otherwise specified in the
			 notice of investigation, a controlling person must produce:
(a) True copies of records within 30 days. No
			 extension will be granted; and
(b)
			 Within 30 days, a written response to the allegations set forth in the
			 allegation report.
(A) A controlling person
			 may request an extension to file a response to a notice of investigation. An
			 extension of up to 30 days will be approved provided the extension request is
			 submitted in writing to the Administrator within the 30 day time period. Good
			 cause must exist that shows circumstances beyond the reasonable control of a
			 controlling person preventing a response within 30 days.
(B) The Administrator may grant one
			 additional extension of no more than 30 days only upon showing of good cause.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 570 - ENFORCEMENT › Section 161-570-0050 - Separate Offense and Violation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each act of appraisal management services
			 by an appraisal management company not registered by the State is a separate
			 violation of ORS 674.205.
(2) Any and each violation of ORS
			 674.200 to
			 674.250, or any rule or final
			 order of the Board, or any final judgment or decree made by any court upon
			 application of the Board, may be deemed a separate offense for which a separate
			 penalty may be imposed.
Stat. Auth.: ORS
				  183.355,
				  674.305 &
				  674.310
Stats. Implemented: ORS
				  674.305(7),
				  674.310(2),
				  674.205,
				  674.215,
				  674.230,
				  674.245 &
				  674.250
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 570 - ENFORCEMENT › Section 161-570-0055 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board may
			 issue a notice of proposed disciplinary action for violation(s) of ORS
			 674.200 to
			 674.250, or of rules adopted by
			 the Board.
(2) The Administrator or
			 the Administrator's designee shall have the authority to negotiate and approve
			 a stipulated settlement at any time prior to issuance of a Final Order by the
			 Board.
(3) In the event of second
			 or subsequent violations of ORS
			 674.200 to
			 674.250, or of rules adopted by
			 the Board, the Administrator shall not consider a prior Final Order that was
			 issued more than five (5) years preceding the date of the second or subsequent
			 notice of proposed sanctions.
Stat. Auth.: ORS
				  183.355,
				  674.305 &
				  674.310
Stats. Implemented: ORS 674
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 570 - ENFORCEMENT › Section 161-570-0060 - Rules of Procedure in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the requirements of the
			 Attorney General's Model Rules of Procedure adopted by the Board, a party in a
			 contested case must submit a written answer to the assertions or charges in the
			 notice, to the Administrator, within thirty (30) days of the date of mailing of
			 the Notice of Proposed Action or within sixty (60) days of the date of mailing
			 of a Notice of Proposed Action for a denied application for registration.
(a) A hearing request and answer shall be
			 made in writing to the Administrator, by the party or the party's
			 representative.
(b) An answer shall
			 include the following:
(A) An admission or
			 denial of each factual matter in the notice;
(B) A short and plain statement of each
			 relevant affirmative defense the party may have.
(c) Except for good cause:
(A) Matters alleged in the notice and not
			 denied in the answer shall be presumed admitted;
(B) Failure to raise a particular defense in
			 the answer will be considered a waiver of such defense;
(C) New matter alleged in the answer
			 (affirmative defenses) shall be presumed to be denied; and
(D) Evidence shall not be taken on any issue
			 not raised in the Notice and answer.
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 1 - PROCEDURAL RULES › Section 162-001-0000 - 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
				Division of Audits 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 15 days prior
			 to the effective date.
(2) By
			 mailing a copy of the Notice to persons on the Division of Audits mailing list
			 established pursuant to ORS 183.351(4).
(3) By mailing a copy of the Notice to the
			 following persons or organizations listed according to Division programs, where
			 Division determines that such persons or organizations would have an interest
			 in the subject matter proposed:
(a) Oregon
			 Society of Certified Public Accountants;
(b) League of Oregon Cities;
(c) Association of Oregon Counties;
(d) Oregon School Boards
			 Association;
(e) Special Districts
			 Association of Oregon;
(f) Oregon
			 Board of Accountancy
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 1 - PROCEDURAL RULES › Section 162-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Model Rules of Procedure as promulgated by the Attorney
				General of the State of Oregon under the Administrative Procedures Act
				effective January 1, 2006, are adopted as the rules of procedure for the Audits
				Division of the Secretary of State's Office.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or Audits
				  Division.
Stat. Auth.: ORS 183
Stats. Implemented: ORS
				  297.210,
				  297.465,
				  128.435 &
				  692.285
Oregon Administrative Rules › Chapter 162 - SECRETARY OF STATE, AUDITS DIVISION › Division 10 - MINIMUM STANDARDS FOR AUDITS OF OREGON MUNICIPAL CORPORATIONS › Section 162-010-0000 - Preface

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to the
			 provisions of ORS 297.465, there is presented
			 herewith the Minimum Standards for Audits of Oregon Municipal Corporations.
(2) These Standards have been
			 approved by the Oregon Board of Accountancy (the Board), and have been adopted
			 by the Secretary of State as Administrative Rules under the provisions of ORS
			 Chapter 183.
(3) All audits of
			 municipal corporations shall be made in accordance with these Standards, and
			 all audit reports shall be in the form prescribed herein.
Stat. Auth.: ORS 297
Stats. Implemented: ORS
				  297.465