reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0030 - Agency Approval of Education Courses Provided by Private Career Schools

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Private career schools that wish to provide the real estate broker license
			 applicant or property manager license applicant courses under OAR 863-022-0010  and 863-022-0015  must apply to the Agency for approval of these courses. No
			 application fees are required.
(2)
			 All license applicant courses under OAR 863-022-0010  and 863-022-0015  submitted
			 by private career schools and approved by the Agency before August 15, 2012 are
			 approved by this rule; however, the course approval expires December 31,
			 2012.
(3) A private career school
			 applying for Agency approval of a 150-hour course of study for real estate
			 broker license applicants or a 60-hour course for property manager license
			 applicants must submit an online application and the following documents:
(a) Proof of current licensing as a private
			 career school with the Higher Education Coordinating Commission and an
			 expiration date.
(b) If the private
			 career school wishes to provide a course through distance education,
			 documentation that the course has been certified by the Association of Real
			 Estate License Law Officials.
(c)
			 If the private career school is applying for approval to use course materials
			 owned and developed by a third-party vendor, written authorization from the
			 vendor, on an Agency-approved form, that the course provider is authorized to
			 use the course materials and the dates the provider is authorized to use the
			 course.
(d) Course materials,
			 including:
(A) Course curriculum or syllabus
			 for the course of study.
(B)
			 Student materials, including all course materials, textbooks and
			 handouts.
(C) A completed
			 Agency-approved topic checklist that lists the detailed course topics and
			 indicates the location of the topic in the course materials. This requirement
			 applies to all course materials, including materials developed by the course
			 provider or materials developed by a third-party vendor.
(D) Instructor materials, if any.
(E) Final examinations.
(F) Examination answer keys, as a document
			 that is separate from the examination.
(G) Agency-approved instructor forms for each
			 instructor who will teach the course.
(e) Proof of current business registration
			 with the Oregon Secretary of State. The applicant's name that is licensed with
			 the Higher Education Coordinating Commission must be the exact name that is
			 registered with the Secretary of State.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0035 - Approval of Courses Provided by Community Colleges, Colleges, and Universities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In-state community colleges, colleges, and universities that wish to provide
			 the real estate broker license applicant or property manager license applicant
			 courses under OAR 863-022-0010  and 863-022-0015  must apply to the Agency for
			 approval of these courses. No application fees are required.
(2) In-state community college, college or
			 university applying for Agency approval of a 150-hour course of study for real
			 estate broker license applicants or a 60-hour course for property manager
			 license applicants must submit an online application and the following
			 documents:
(a) If the private career school is
			 applying for approval to use course materials owned and developed by a
			 third-party vendor, written authorization from the vendor, on an
			 Agency-approved form, that the course provider is authorized to use the course
			 materials and the dates the provider is authorized to use the course.
(b) Course materials, including:
(A) Course curriculum or syllabus for the
			 course of study.
(B) Student
			 materials, including all course materials, textbooks and handouts.
(C) A completed Agency-approved topic
			 checklist that lists the detailed course topics and indicates the location of
			 the topic in the course materials. This requirement applies to all course
			 materials, including materials developed by the course provider or materials
			 developed by a third-party vendor.
(D) Instructor materials, if any.
(E) Final examinations.
(F) Examination answer keys, as a document
			 that is separate from the examination.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0045 - Agency Approval of Advanced Practices Course

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person seeking Agency approval of the
			 27-hour broker advanced practices course described in OAR 863-022-0020, the
			 27-hour principal broker advanced practices course described in OAR
			 863022-0021, or the 27-hour property manager advanced practices course under
			 863-022-0022  must be a certified continuing education provider.
(2) The person must submit an Agency-approved
			 form and the following documents:
(a) Sample
			 certificates of course completion.
(b) For all providers, except those providers
			 listed in subsection (c), written authorization from the vendor, on an
			 Agency-approved form, to use course materials owned and developed by a third
			 party vendor stating:
(A) That the course
			 provider is authorized to use the course materials, and
(B) The dates the provider is authorized to
			 use the course.
(c) For
			 in-state community colleges, colleges and universities applying for approval to
			 use course materials owned and developed by a third party vendor, attestation
			 that the provider must submit all revisions or updates to the Real Estate
			 Agency for approval before using such materials.
(d) Course materials, including:
(A) Course curriculum or syllabus for the
			 course of study.
(B) Student
			 materials, including all course materials, textbooks and handouts.
(C) A completed Agency-approved topic
			 checklist listing the detailed course topics and indicating the location of the
			 topic in the course materials. This requirement applies to all course
			 materials, including materials developed by the course provider or materials
			 developed by a third-party vendor.
(D) Instructor materials, if any.
(E) Final examinations.
(F) Examination answer keys, as a document
			 that is separate from the examination.
(G) For all providers except instate
			 community colleges, colleges and universities, a continuing education
			 instructor form for each instructor who will teach the course.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0050 - Agency Approval of Brokerage Administration and Sales Supervision Course and Instructors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person seeking Agency approval of the 40-hour brokerage administration and
			 sales supervision course described in OAR 863-022-0015  must be a certified
			 continuing education provider.
(2)
			 The person must submit an Agency-approved form and the following documents:
(a) Certificates of course
			 completion.
(b) For all providers
			 except instate community colleges, colleges and universities, that are applying
			 for approval to use course materials owned and developed by a third party
			 vendor, written authorization from the vendor, on an Agency-approved form, that
			 the course provider is authorized to use the course materials and the dates the
			 provider is authorized to use the course.
(c) For in-state community colleges, colleges
			 and universities, that are applying for approval to use course materials owned
			 and developed by a third party vendor, attestation that the provider must
			 submit all revisions or updates to the Real Estate Agency for approval prior to
			 using such materials
(d) Course
			 materials, including:
(A) Course curriculum or
			 syllabus for the course of study.
(B) Student materials, including all course
			 materials, textbooks and handouts.
(C) A completed Agency-approved topic
			 checklist that lists the detailed course topics and indicates the location of
			 the topic in the course materials. This requirement applies to all course
			 materials, including materials developed by the course provider or materials
			 developed by a third-party vendor.
(D) Instructor materials, if any.
(E) Final examinations.
(F) Examination answer keys, as a document
			 that is separate from the examination.
(G) For all providers except instate
			 community colleges, colleges and universities, a continuing education
			 instructor form for each instructor who will teach the course.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0052 - Changes in Application Information, Instructors, Course Materials and Failure to Comply

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 applies to any course provider whose course was approved under OAR
			 863-022-0030, 863-022-0035, 863-022-0045, or 863-022-0050.
(2) For any change to the information a
			 course provider submitted on an initial course application or on a renewal
			 application, the course provider must submit an application to the Agency for
			 approval of the changes.
(3) Within
			 10 business days of license renewal by the Oregon Department of Education, a
			 private career school must submit documentation to the Agency that the school's
			 license has been renewed.
(4) A
			 course provider may not use materials that have not been approved by the Agency
			 for that course provider. A course provider must submit an application to the
			 Agency for approval of any change in the course materials. This requirement
			 applies to courses developed by the course provider and to courses developed by
			 third party vendors.
(5) A course
			 provider must submit an application to the Agency for approval for each new
			 instructor that will teach the course.
(6) A course provider must notify the Agency
			 that an approved instructor will no longer teach the course within 10 days of
			 such change.
(7) The Real Estate
			 Agency may revoke the approval of a course if:
(a) The course provider fails to submit an
			 application for approval of changes in course provider information submitted on
			 an initial application or a renewal application,
(b) The course provider fails to submit an
			 application for approval of any change to course materials, or
(c) The course provider uses course materials
			 that have not been approved by the Agency.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0055 - Board Approval of Law and Rule Required Course

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board will develop the course content
			 required for an at least three-hour course on state and federal fair housing
			 laws and recent changes in real estate rule and law required by ORS
			 696.174,
			 and the Agency will make the course content available to the public.
(2) The Board will update the course at least
			 biannually.
(3) To be eligible for
			 continuing education credit required under OAR 863-020-0010, the Board-approved
			 course must be provided by a certified continuing education provider.
(4) This course is referred in these rules as
			 the "Law and Rule Required Course".
Statutory/Other Authority: ORS
				  696.385
Statutes/Other Implemented: ORS
				  696.174,
				  696.182  & 696.184
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 22 - LICENSE APPLICANT COURSE REQUIREMENTS AND COURSE APPROVAL › Section 863-022-0060 - Responsibilities of Providers of Real Estate Broker, Principal Broker and Property Manager License Application Courses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, a "course
			 provider" is:
(a) A private career school,
			 in-state community college, college, or university that provides the 150-hour
			 real estate broker license applicant course of study under OAR 863-022-0010,
			 the 60-hour property manager license applicant course under 863-022-0015; or
			 the 40-hour brokerage administration and sales supervision course under
			 863-022-0025; and
(b) A continuing
			 education provider who provides the 40-hour brokerage administration and sales
			 supervision course under OAR 863-022-0025.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0000 - Application 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
			 property managers, as that term is defined in ORS
			 696.010.
(2) The purpose of this division is to
			 specify the requirements for obtaining a real estate property manager's
			 license.
Stat. Auth.: ORS
				  696.385
Stat.
				  Implemented:
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0003 - 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 to this division:
(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) "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.
(7) "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.
(8) "Management of rental real estate" is
			 defined in ORS 696.010.
(9) "Principal broker" means "principal real
			 estate broker," as defined in ORS
			 696.010.
(10) "Property manager" means "real estate
			 property manager," as defined in ORS
			 696.010.
(11) "Property Manager Licensed Name" means
			 the licensed name of a licensed real estate property manager under which the
			 licensee will conduct professional real estate activity. The Property Manager
			 Licensed Name must be the licensed real estate property manager's legal name as
			 displayed on the licensee's license.
(12) "Real estate activity," "professional
			 real estate activity," and "real estate business" mean "professional real
			 estate activity" as defined in ORS
			 696.010, which includes managing
			 rental real estate.
(13) "Real
			 estate broker" is defined in ORS
			 696.010.
(14) "Real estate licensee" and "licensee"
			 mean a "real estate licensee" as defined in ORS
			 696.010.
(15) "Registered business name" is defined in
			 ORS 696.010.
(16) "Signed" or "Signature" means original
			 or electronic signature as provided by OAR-024-0076.
Stat. Auth.: ORS
				  696.385 Stat. Implemented: ORS
				  696.010 &
				  696.020
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0010 - 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 property manager license applicant must submit an
			 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 property manager license applicant 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 863-024-0003, mailing address, email address and phone number;
(b) The applicant's date and place of
			 birth;
(c) The applicant's Social
			 Security 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) 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 a real
			 estate or any other occupational or professional license revoked or suspended;
			 or
(D) Has ever been fined or
			 reprimanded as such a licensee; and
(g) Any other information the commissioner
			 considers necessary to evaluate the applicant's trustworthiness and competency
			 to engage in the management of rental real estate 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 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0015 - Background Check and Fingerprint Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant for a property manager
			 license must submit to a background check, except an applicant who is currently
			 licensed as a real estate broker or principal real estate broker 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.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0020 - Examinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of
			 this rule, "examination provider" means the vendor, under a contract with the
			 Agency, which provides licensing examination services and collects the fee for
			 such services directly from a license applicant.
(2) In addition to any other licensing
			 eligibility requirements:
(a) A property
			 manager license applicant must pass a property manager examination.
(b) A property manager who has not held an
			 active license for two or more consecutive years must pass a reactivation
			 examination.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0030 - License Issue, Term, Form

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Agency will issue a property manager
			 license to an applicant after determining that the applicant meets the license
			 requirements contained in ORS
			 696.022 and
			 696.790, has paid all required
			 fees and meets the requirements under OAR 863-024-0045.
(2) A licensee may engage in property
			 management from the date the license is issued until the license expires,
			 becomes inactive, or is revoked, surrendered, or suspended.
(3) A licensee may hold only one of the
			 following Oregon real estate licenses at any time:
(a) Real estate broker,
(b) Principal real estate broker,
			 or
(c) Property manager.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0045 - Property Manager Licensing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible for a property manager
			 license, an individual must complete the following steps in the order listed:
(a) Submit a license application and pay the
			 fee to the Agency required by OAR 863-024-0010.
(b) Successfully complete the required
			 courses of study for a property manager license required by OAR 863-022-0015.
(c) Ensure that the school
			 providing the required course of study certifies to the examination provider
			 that the applicant completed the course as required by OAR 863-024-0020.
(d) Pass the property manager
			 licensing examination and pay the fee to the examination provider as required
			 by OAR 863-012-0020.
(e) Provide
			 fingerprints for a criminal background check and pay the fee to the fingerprint
			 services provider as required by OAR 863-0014-0015.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0050 - License Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 licensee may only submit a license renewal application and pay the fee using an
			 online application process, which will be available through the Agency's
			 website.
(2) For purposes of this
			 rule, "received by the Agency" means the date a license renewal is received by
			 the Agency.
(3) A property manager
			 license expires if a licensee fails to renew the license on or before the
			 license expiration date. A licensee may not engage in any professional real
			 estate activity after a license expires. A property manager may renew an
			 expired license as provided in this rule.
(4) The Agency will renew an active property
			 manager license to active status for the term prescribed in OAR 863-024-0030  when the Agency has received the following:
(a) The renewal fee authorized by ORS
			 696.270; and
(b) An Agency-approved active renewal
			 application form requesting active license status that includes certification
			 by the licensee that the licensee has met the real estate continuing education
			 renewal requirements under section OAR 863-020-0010.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0054 - Authorization for Armed Forces Service members and Their Spouses or Domestic Partners

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 active-duty member of the United States Armed Forces who is stationed in this
			 state, or the spouse or domestic partner of such servicemember, may obtain an
			 authorization to engage in the management of rental real estate as a real
			 estate property manager upon completion of the requirements in (2) through (4)
			 of this rule. Such authorization is valid until the earliest of the following:
(a) Two years from the date of
			 issuance;
(b) The date the
			 servicemember's term of active duty service in this state is complete;
			 or
(c) The date the applicant's
			 license issued by another state expires or is no longer active.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0060 - Limited Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
If the commissioner issues a limited license to an individual
				under ORS 696.130, the licensee must apply
				in writing for an unrestricted license after the period of
				limitation.
Stat. Auth.: ORS
				  696.385
Stats. Implemented: ORS
				  696.020,
				  696.022 &
				  696.130
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0061 - Affiliated and Subsidiary Organizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Affiliated organizations are two or more
			 organizations whose controlling ownership interests are owned by the same
			 licensee, licensees, entity, or entities.
(2) A subsidiary organization is one in which
			 the majority of the voting stock or controlling ownership interest is owned by
			 another organization.
(3)
			 Affiliated or subsidiary business organizations engaging in the management of
			 rental real estate may use the same property manager or principal broker,
			 provided that the individual registering the business name submits proof
			 satisfactory to the commissioner that the property manager or principal real
			 estate broker actually manages and controls each affiliated and subsidiary
			 organization.
(4) As used in this
			 rule, controlling ownership interest means owning 51 percent or more.
Stat. Auth.: ORS
				  696.385
Stats. Implemented: ORS
				  696.020 &
				  696.022
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0062 - Mailing Address, Email Address, Address Change, Service of Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each active,
			 inactive and expired property manager licensee must maintain on file with the
			 Agency a current mailing address and email and notify the Agency within 10
			 calendar days of a change of mailing or email address.
(2) A forwarding address is effective as a
			 "current mailing address" when the Agency receives notice of the forwarding
			 address by the United States Postal Service.
(3) Agency notice by mail, whether
			 registered, certified, or regular, to the real estate licensee's current
			 mailing address on file with the Agency constitutes service on the licensee.
(4) The Agency is not required by
			 law to send notification or correspondence by regular mail to a licensee or
			 license applicant regarding license or application status. The Agency may send
			 notification or correspondence to a licensee or license applicant to the email
			 address of the licensee or applicant on file with the Agency. Failure by a
			 licensee or applicant to receive notification or correspondence provided via
			 email does not relieve the licensee or applicant of the responsibility to
			 maintain a current license or complete an application process.
(5) The Agency's primary and preferred method
			 of notification and correspondence is to the licensee or license applicant's
			 email address.
(6) For purposes of
			 this rule, "notification or correspondence" in (4) and (5) of this rule means:
(a) Notification, correspondence or
			 confirmation to licensees about license renewal, change of license status to
			 active or inactive, license transfers, registered business name, branch office
			 registration, license reactivation, license expiration, and name and address
			 changes.
(b) Notification,
			 correspondence or confirmation to license applicants about license application
			 status, receipt of documents or information from third parties on license
			 qualifications, and license issuance.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0063 - Property Manager License Transfers, Principal Brokers'Responsibilities, Authority to Use Registered Business Name

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule:
(a) "Authorized licensee" means a property
			 manager or principal broker who has authority over the use of a registered
			 business name;
(b) "License
			 transfer application" means an online license transfer application that does
			 one of the following:
(A) Transfers a
			 property manager license to a receiving principal broker in order to become
			 associated with the receiving principal broker, or
(B) Authorizes a property manager to use a
			 registered business name to conduct management of rental real estate.
(c) "Sending principal
			 broker" means the principal real estate broker with whom an active property
			 manager license is associated before the license transfer;
(d) "Receiving principal broker" means the
			 principal real estate broker with whom an active property manager license will
			 be associated after the license transfer.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0065 - Inactive License, Change License Status to Active, License Reactivation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A property
			 manager licensee whose license is on inactive status may not engage in
			 management of rental real estate.
(2) The commissioner may reprimand, suspend,
			 revoke, or impose a civil penalty against an inactive licensee under ORS
			 696.301.
(3) The Agency will change an active property
			 manager license to inactive license status when the Agency actually receives a
			 request by the licensee submitted on an Agency-approved form to change the
			 license status to inactive.
(4) An
			 inactive property manager licensee may renew such license under OAR
			 863-024-0050.
(5) For a period of
			 30 days after a property manager license becomes inactive, a property manager
			 may change such license status from inactive to active under OAR 863-024-0063.
(6) If a property manager license
			 has not been on active status for two or more consecutive years, the licensee
			 must complete the following steps in the order listed to reactivate the
			 license:
(a) Submit an application for
			 licensing reactivation examination and pay the fee to the Agency authorized by
			 ORS 696.270; and
(b) Pass the property manager reactivation
			 examination and pay the fee to the examination provider as required by OAR
			 863-024-0020.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0066 - Licensee Name Change

Current through Register Vol. 63, No. 7, July 1, 2024
A licensee may apply for a name change by submitting to the
				Agency:
(1) An online name change
			 application and payment of the fee authorized under ORS
			 696.270; and
(2) Legal proof of the name change, which
			 must be in the form of an official record such as a marriage certificate,
			 divorce certificate, or a court order/decree.
Stat. Auth.: ORS
				  696.385
Stats. Implemented: ORS
				  696.020 &
				  696.022
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0067 - Alternative Name Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Alternative
			 name" means a name a licensee is known by that is not the licensee's licensed
			 name.
(2) A registered alternative
			 name shall contain at a minimum one first name and one last name or
			 surname.
(3) A licensee may apply
			 to register an alternative name for the purposes of advertising under OAR
			 863-025-01125 by submitting to the Agency:
(a)
			 An online alternative name registration application available through the
			 Agency's website; and
(b)
			 Documentation showing that the licensee is commonly known by the alternative
			 name.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0070 - License Surrender

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 property manager may surrender the licensee's license to the commissioner on an
			 Agency-approved form. Upon surrender, the license is terminated, and the
			 licensee's rights under the surrendered license are terminated. The
			 Commissioner retains continuing jurisdiction to investigate the management of
			 rental real estate conducted under the license and to take disciplinary action
			 against the former licensee under ORS Chapter 696 and its implementing
			 rules.
(2) A surrendered license
			 may not be renewed. The former licensee must reapply and meet all the licensing
			 qualifications required of new license applicants.
Stat. Auth.: ORS
				  696.385
Stats. Implemented: ORS
				  696.020 & ORS
				  696.022
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0075 - Reissuing Suspended License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Agency may reissue an unexpired
			 property manager's license that has been suspended by order of the commissioner
			 if the licensee asks that it be reissued and pays the required fee within 30
			 days after the close of the suspension period.
(2) If the licensee fails to act within 30
			 days, the license becomes inactive and may be reactivated only pursuant to OAR
			 863-024-0065.
(3) If the license
			 expires before the request for reissuance, the Agency will renew the license
			 within the 30-day period only pursuant to OAR 863-024-0050.
(4) A license reissued under this rule is
			 effective for licensing purposes when the Agency receives all required forms
			 and fees.
(5) If the license has
			 had a status other than active for two or more consecutive years, the licensee
			 must comply with the reactivation requirements of OAR 863-024-0065.
Stat. Auth.: ORS
				  696.385
Stats. Implemented: ORS
				  696.020 &
				  696.022
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0076 - Signature Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subject to ORS 84.001 to
			 84.061, the Agency may, but is
			 not required to, accept any electronic or facsimile signature created,
			 generated, sent, communicated, received, or stored regarding licensing
			 documents including, but not limited to, background check applications,
			 examination applications, license applications, license change forms, and
			 license surrender forms.
(2) The
			 Agency may require an individual to submit an original or electronic signature
			 on any document or Agency-approved form.
Stat. Auth.: ORS
				  696.385
Stats. Implemented: ORS
				  696.020 &
				  696.022
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0085 - Authorization to Control Property Manager's Business

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A property manager may authorize another
			 property manager to control and supervise his or her property management
			 activity during the property manager's absence for a period not to exceed 90
			 days.
(2) Both licensees have joint
			 responsibility for all property management activity conducted during the
			 authorizing property manager's absence.
(3) The written authorization required by
			 this rule must contain the following information:
(a) The authorizing property manager's
			 authorization, including the effective date and termination date of such
			 authorization, which may not exceed 90 days;
(b) An affirmation by the supervising
			 property manager acknowledging that the property manager accepts the
			 supervisory responsibility, and
(c)
			 An affirmation by both property managers acknowledging that they are jointly
			 responsible for the property management activity during the dates of the
			 authorization.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0095 - Business Name Registration, Principal Broker Licensed Name Registration, and Property Manager Licensed Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before conducting business in a name
			 other than the licensee's legal name, the property manager must register the
			 business name with the Agency. For the purposes 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. A licensee must maintain the registered business name with the Oregon
			 Secretary of State's Corporation Division.
(2) To register a business name, the property
			 manager must submit to the Agency, using an online application, the following:
(a) The business name in which the licensee
			 wishes to conduct business, which must be the exact name on file with the
			 Oregon Secretary of State;
(b)
			 Written authority by which the licensee is authorized to use the business name;
(c) A copy of the registration on
			 file with the Oregon Secretary of State Business Registry, showing the business
			 name is active; and
(d) The fee
			 authorized by ORS 696.270.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 24 - REAL ESTATE PROPERTY MANAGER LICENSING › Section 863-024-0100 - Branch Office Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before a property manager may engage in
			 the management of rental real estate from a branch office, the property manager
			 must provide to the commissioner an online application available through the
			 Agency's website the branch office street and mailing addresses and the fee
			 authorized by ORS 696.270.
(2) For the purposes of ORS
			 696.270, a branch office
			 registration does not require renewal.
Stat. Auth.: ORS
				  696.385
Stats. Implemented: ORS
				  696.026 &
				  696.200
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 25 - PROPERTY MANAGEMENT › Section 863-025-0005 - Application and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 863-025-0010  to 863-025-0080  apply to the activities of a real estate property
			 manager in the management of rental real estate.
(2) The purposes of OAR 863-025-0010  to
			 863-025-0080  are:
(a) To specify requirements
			 for the management of rental real estate as defined in ORS
			 696.010(9);
(b) To protect owners and tenants of rental
			 real estate; and
(c) To make the
			 real estate property manager responsible for establishing a system of
			 recordkeeping that:
(A) Provides the Agency
			 with access to the records of the real estate property manager; and
(B) Complies with OAR 863-025-0010  to
			 863-025-0080  and ORS Chapter 696.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 25 - PROPERTY MANAGEMENT › Section 863-025-0015 - Written Policies and Delegation of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each property manager must develop,
			 maintain and follow written policies for persons and activities under this
			 rule.
(2) Each policy must state
			 the effective date of the policy.
(3) Policies must specify the duties,
			 responsibilities, supervision and authority, including any authority to handle
			 funds in a clients' trust account or security deposits account, for the
			 following persons:
(a) A licensed property
			 manager employed by the property manager, including any authority to negotiate
			 tenant rental and lease agreements;
(b) An active real estate licensee engaged in
			 the management of rental real estate under the supervision and control of a
			 principal broker, including any authority to sign property management
			 agreements under OAR 863-025-0020(6)  and tenant rental and lease agreements
			 under 863-025-0045(2); and
(c) An
			 employee of the property manager, including any authority to:
(A) Negotiate tenant rental or lease
			 agreements under OAR 863-025-0045(2);
(B) Check applicant or tenant references,
			 including credit references;
(C)
			 Physically maintain the real estate of an owner;
(D) Conduct tenant relations;
(E) Collect rent and other
			 payments;
(F) Supervise premise
			 managers; or
(G) Discuss financial
			 matters relating to management of the real estate with the owner; and
(d) Contractors.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 25 - PROPERTY MANAGEMENT › Section 863-025-0020 - Property Management Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A property manager must not engage in the
			 management of rental real estate without a written, unexpired property
			 management agreement between the owner and the property manager.
(2) A property management agreement must
			 include, but is not limited to:
(a) The
			 address or legal description of the owner's rental real estate;
(b) The duties and responsibilities of the
			 property manager and the owner;
(c) The authority and powers given by the
			 owner to the property manager;
(d)
			 The term of the agreement and the method for termination;
(e) The terms and conditions of the
			 agreement;
(f) The management fees,
			 application fees, screening fees, rebates, discounts, overrides and any other
			 form of compensation to be received by the property manager for management of
			 rental real estate including when such compensation is earned and when it will
			 be paid;
(g) A description of the
			 monthly statements of accounting the property manager will provide to the
			 owner;
(h) The disposition of the
			 property manager's records of the management of the owner's rental real estate
			 after termination of the agreement;
(i) Disclosure of the use of employees or a
			 business in which the property manager has a pecuniary interest at the time of
			 the execution of the property management agreement, that will provide services
			 for the owner's property;
(j) A
			 statement that the property manager will disclose to the owner, in writing, the
			 property manager's planned use of any employees or a business in which the
			 property manager has a pecuniary interest to provide services for the owner's
			 property, if such employees or business were not disclosed in the property
			 management agreement pursuant to section (2)(i) of this rule;
(k) An identifying code;
(L) Signatures of the property manager, or a
			 person authorized in section (6) of this rule, and the owner; and
(m) The date of the
			 agreement.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 25 - PROPERTY MANAGEMENT › Section 863-025-0025 - Clients' Trust Account and Security Deposits Account Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All clients'
			 trust accounts and security deposits trust accounts must be federally insured
			 bank accounts.
(2) A property
			 manager must open and maintain at least one clients' trust account as defined
			 in OAR 863-025-0010.
(3) Only the
			 following funds may be held in a clients' trust account:
(a) Funds received by the property manager on
			 behalf of an owner; and
(b)
			 Interest earned, but only if the account is a federally insured
			 interest-bearing account and the property management agreement complies with
			 OAR 863-025-0020(3).
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 25 - PROPERTY MANAGEMENT › Section 863-025-0030 - Tenant Security Deposits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (3) of this
			 rule, all tenants' security deposits received by a property manager must be
			 deposited and maintained in a security deposits account until:
(a) The property manager forwards the
			 tenant's security deposit to the owner of the property according to the terms
			 of the tenant's rental or lease agreement and the property management
			 agreement;
(b) The property manager
			 disburses the tenant's security deposit for purposes authorized by the tenant's
			 rental or lease agreement and the property management agreement;
(c) The property manager refunds a deposit to
			 the tenant according to the terms of the tenant's rental or lease agreement and
			 the property management agreement; or
(d) The property management agreement is
			 terminated and the property manager transfers the tenant's security deposit to
			 the owner unless the owner directs the property manager, in writing, to
			 transfer the security deposits and fees to another property manager, escrow
			 agent or person.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 25 - PROPERTY MANAGEMENT › Section 863-025-0035 - Records; Required Records; Maintenance; Production

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The property manager's records of the
			 management of rental real estate are "complete and adequate" as required under
			 ORS 696.280 if the records contain,
			 at least, the following:
(a) A legible copy
			 of each executed property management agreement and any executed addenda or
			 amendments to that agreement;
(b)
			 Client trust account and security deposit account records required by OAR
			 863-025-0000 to 863-025-0080  and ORS Chapter 696;
(c) An owner's ledger for each property
			 management agreement;
(d) A record
			 of receipts and disbursements or check register maintained for each clients'
			 trust account or security deposits account;
(e) A legible copy of each tenant
			 agreement;
(f) A tenant's ledger
			 for each tenant;
(g) A record of
			 all cash receipts;
(h) All paid
			 bills and receipts required under OAR 863-025-0040(8);
(i) A record of electronic bank transactions
			 required under OAR 863-025-0040(9);
(j) Records of the reconciliation of each
			 clients' trust account and security deposits account, including the
			 reconciliation document;
(k) All
			 cancelled checks or bank-supplied images of cancelled checks as provided under
			 ORS 696.243(1) with
			 the bank statements to which the checks pertain; and
(l) A record of all deposits for each
			 clients' trust account and security deposits account.
Oregon Administrative Rules › Chapter 863 - REAL ESTATE AGENCY › Division 25 - PROPERTY MANAGEMENT › Section 863-025-0040 - Record of Receipts and Disbursements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (4) of this
			 rule, a property manager must prepare and maintain a chronological record of
			 receipts and disbursements or a check register for each client's trust account
			 and each security deposits account in which the manager must record each
			 receipt of funds and each disbursement of funds.
(2) A record of receipts and disbursements or
			 a check register must contain at least the following information:
(a) For each receipt of funds:
(A) The date the funds were received, unless
			 the date is recorded in a separate document as provided in section (3) of this
			 rule;
(B) The amount of the funds
			 received;
(C) The purpose of the
			 funds and identity of the person who tendered the funds; and
(D) The date the funds were
			 deposited.