reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0600 - Refusal to Issue, Revocation, Suspension, Civil Penalties and Official Warning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 160-100-0610  identifies official misconduct, as defined in section 22, chapter 219, Oregon
			 Laws 2013 and names sanctions that may be taken by the Secretary of State for
			 first acts of official misconduct, including refusing to issue, revoking, or
			 suspending a commission, assessing a civil penalty, or issuing an official
			 warning.
(2) The Secretary of
			 State may assess increasingly severe sanctions up to and including a $1500
			 civil penalty and revocation of a notary public's commission, where applicable,
			 for:
(a) Failure to correct or cease official
			 misconduct within time periods specified by the Secretary of State in a final
			 order (final notice of assessment) or Official Warning letter;
(b) A repeated act or acts of official
			 misconduct which occur subsequent to any previous sanction assessed by the
			 Secretary of State for the same type of misconduct;
(c) Accumulation of more than one different
			 notary misconducts occurring during a seven-year period.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0620 - Appeal Process

Current through Register Vol. 63, No. 7, July 1, 2024
In the event the Secretary of State sanctions a notary public
				for official misconduct or proposes to refuse to appoint or proposes to revoke
				or suspend a commission, an opportunity for a public hearing will be provided
				pursuant to section 22, chapter 219, Oregon Laws 2013, the contested case
				procedures set out in ORS
				183.413 through
				183.500 and the Attorney
				General's Model Rules of Procedure for Contested Cases.
Stat. Auth.: Sec. 26, ch.219, OL 2013
Stats. Implemented: Sec. 18, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0700 - Satisfactory Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of section 6, chapter 219, Oregon Laws 2013:
(1) Temporary forms of the Oregon
			 Driver License (ODL) or Oregon Identity Card shall be considered equivalent to
			 the Oregon Driver License before their expiration in the following manner:
(a) An Instruction Permit will be
			 satisfactory evidence in the same way as a permanent ODL or State ID card.
(b) A Provisional Driver License
			 will be satisfactory evidence in the same way as a permanent ODL.
(c) A Hole-punched Driver License or Identity
			 Card shall not be sufficient in itself, but may be used in conjunction with the
			 Interim Driver License or Identity Card to establish identity,
(d) An Interim Driver License or Identity
			 Card, which is good for no more than 30 days, is given to those awaiting the
			 processing and arrival of their permanent ODL or State ID card, and may be used
			 by itself or in addition to the Hole-punched Driver License or Identity Card.
			 The Interim Driver License or Identity Card may only be so used while it is
			 unexpired.
(e) A Limited Term
			 Driver License or Identification Card, given to people temporarily in the
			 United States, is noted by the words "Limited Term" in the bottom right corner
			 of the ID and an expiration date between 1-8 years after the issuance date. A
			 Limited Term ID will be satisfactory evidence in the same way as a permanent
			 ODL or State ID card.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0805 - Credential Analysis and Authentication for Remote Online Notarization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The requirement
			 for at least two different types of identity proofing under ORS
			 194.240 is satisfied if the notary public identifies a remotely located individual in
			 accordance with the requirements of this section.
(2) Credential analysis must be provided by a
			 reputable third-party remote online notarization vendor or software tool that
			 can demonstrate proven credential analysis processes and shall employ
			 technology that provides the following:
(a)
			 The signer's identity must be linked to the signer following successful
			 knowledge-based authentication; and
(b) Remote online notarization shall provide
			 for human visual comparison between the signer and the signer's identification
			 presented to the notary.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-0855 - General Technology Requirements for Remote Online Notarization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each document
			 completed as part of a remote online notarization shall be electronically
			 signed and rendered tamper-evident.
(2) The method of remote online notarization
			 shall ensure privacy and data security.
(3) The method of remote online notarization
			 shall ensure all applicable consumer data, privacy and information security
			 laws are satisfied through their information security programs.
(4) Records of a remote online notarization
			 must be retained in a safe and secure manner for ten years following the date
			 of the notarization. Records must be available to the Secretary of State upon
			 request.
(5) The audio and video
			 quality requirements for a remote online notarization operating model should:
(a) Consist of reliable, continuous,
			 synchronous audio and video feeds with clarity such that all participants can
			 be clearly seen and understood.
(b)
			 Ensure the audio and video are adequate for communication and ability to
			 terminate the session if adequate conditions are not met.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Certificate of
			 Approval. The Oregon Secretary of State Certificate of Approval (OAR
			 160-100-1010) signifies only that the provider named therein offers an education program
			 curriculum similar to the education program curriculum offered by the Secretary
			 of State and has complied with the requirements of these rules. The Certificate
			 of Approval does not imply endorsement of the provider, nor any products or
			 services offered by the provider.
(2) Certificate of Education. The Certificate
			 of Education (OAR
			 160-100-1060) signifies that the person named therein has completed the approved education
			 program provided by the provider.
(3) Course of study. For the purposes of this
			 division, "course of study" applies only to a live classroom or on-line
			 education.
(4) Notary public
			 applicant. For the purposes of this division, a "notary public applicant" is a
			 person who applies for a commission as an Oregon notary public, who does not
			 already hold a current notary public commission, and who must attend a course
			 of instruction in order to qualify for commission as a notary public.
(5) Provider. For purposes of this
			 division, a "provider" is an individual or business entity that provides a
			 notary public education course of study.
(6) Oregon business registration number. For
			 the purposes of these rules, an Oregon business registration number is the
			 number assigned by the Corporation Division to a business entity or assumed
			 business name that indicates registration in the public record of the
			 Division.
Stat. Auth.: Sec. 26, ch.219, OL 2013
Stats. Implemented: Sec. 18, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1010 - Provider Certificate of Approval

Current through Register Vol. 63, No. 7, July 1, 2024
Before offering any course of study pursuant to Oregon Revised
				Statute Chapter 194.325, a provider must obtain a Certificate of Approval from
				the Secretary of State for each course of study offered.
(1) To apply for a Certificate of Approval, a
			 provider must submit to the Secretary of State a completed Notary Public
			 Education Provider Application or Amendment form, hereby incorporated by
			 reference, an active Oregon business registration number, and a lesson plan
			 satisfying the requirements in OAR 160-100-1020.
(2) The Secretary of State will issue either
			 a Certificate of Approval, in accordance with section (3), or a deficiency
			 notice, in accordance with OAR 160-100-1030, within 90 days of receipt of an
			 application and lesson plan.
(3)
			 Upon approval of an application and lesson plan, the Secretary of State will
			 send a Certificate of Approval to the provider by first class mail to the
			 address listed on the Notary Public Education Provider Application or Amendment
			 form.
(4) The Certificate of
			 Approval will include the following:
(a) The
			 name of the approved provider as listed on the Notary Public Education Provider
			 Application or Amendment form.
(b)
			 The address listed on the Notary Public Education Provider Application or
			 Amendment form.
(c) The three
			 letter provider identification code issued by the Secretary of State.
(d) The date the course of study was approved
			 by the Secretary of State.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1020 - Lesson Plan

Current through Register Vol. 63, No. 7, July 1, 2024
A lesson plan must meet the following requirements:
(1) The lesson plan must be based on the laws
			 of Oregon concerning the functions and duties of a notary public. The lesson
			 plan must cover at least the Oregon Notary Public Knowledge Statements, hereby
			 incorporated by reference. The Oregon Notary Public Knowledge Statements may be
			 obtained from the Secretary of State by request.
(2) The lesson plan must contain a table of
			 contents, and the pages of the lesson plan must be consecutively numbered.
(3) The lesson plan must provide
			 sufficient detail to enable the Secretary to evaluate the specific information
			 to be presented and to determine the accuracy of the information to be
			 presented.
(4) The lesson plan
			 must contain the procedures to ensure that a person attending a course of study
			 is present for the required time.
(5) The lesson plan must include a schedule
			 of the time allotted for the following:
(a)
			 Break periods, if any;
(b) Each
			 major subject area;
(c) Each audio
			 visual aid to be used, if any;
(d)
			 Each student participation activity, if any.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1030 - Deficient Application or Lesson Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Secretary of State determines that
			 a Notary Public Education Provider Application or Amendment form is incomplete,
			 or that a lesson plan does not satisfy the requirements of ORS section 21,
			 chapter 219, Oregon Laws 2013 or this chapter, the Secretary of State will
			 issue a deficiency notice containing an itemized description of the
			 deficiencies identified. The deficiency notice will be sent by first class mail
			 to the provider's address listed on the Notary Public Education Provider
			 Application or Amendment form.
(2)
			 A provider has 30 days from the date on which the deficiency notice was mailed
			 by the Secretary of State to submit documentation to the Secretary of State
			 curing the deficiencies identified in the deficiency notice.
(3) The Secretary of State may issue more
			 than one deficiency notice to a provider regarding the same Notary Public
			 Education Provider Application or Amendment form and lesson plan at any time
			 during the review process.
(4) The
			 Secretary of State may disapprove a Notary Public Education Provider
			 Application or Amendment form if the deficiencies are not cured in accordance
			 with section (2).
(5) After the
			 disapproval of a provider's application or amendment, the provider has the
			 right to a hearing on the matter, and the proceeding will be conducted in
			 accordance with the contested case procedures set out in ORS 184.313 through
			 183.500, and the Attorney
			 General's Model Rules of Procedure for Contested Cases.
(6) Upon the effective date of a final order
			 in a contested case, or if the final order is appealed, a final appellate
			 judgment disapproving an application or amendment, a provider may cure the
			 deficiencies identified in the decision by submitting a Notary Public Education
			 Provider Application or Amendment form in accordance with OAR
			 160-100-1030.
Stat. Auth.: Sec. 21, ch.219, OL 2013
Stats. Implemented: Sec. 21, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1040 - Notification of Changes of Approved Provider Information

Current through Register Vol. 63, No. 7, July 1, 2024
Within 30 days of any changes in the information contained in
				the most recent application approved by the Secretary of State, an approved
				provider must submit to the Secretary of State a Notary Public Education
				Provider Application or Amendment form identifying the changes. An approved
				provider may confirm receipt by the Secretary of State by phone or
				e-mail.
Stat. Auth.: Sec. 21, ch.219, OL 2013
Stats. Implemented: Sec. 21, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1050 - Lesson Plan Revisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within 30 days of the effective date of a new Oregon law or rule concerning the
			 duties and functions of notaries public, an approved provider must revise an
			 approved lesson plan as necessary to ensure that the information provided in an
			 approved course of study reflects the new Oregon law or rule.
(2) Any provider-initiated revisions to the
			 contents or methods of instruction detailed in an approved lesson plan must be
			 approved by the Secretary of State at least 30 days before implementing the
			 proposed revisions in an approved course of study.
(3) To apply for a Certificate of Approval
			 for a revised lesson plan, an approved provider must submit a completed Notary
			 Public Education Provider Application or Amendment form, and a revised lesson
			 plan in accordance with OAR
			 160-100-1020.
(4) The provisions in OAR
			 160-100-1010,
			 160-100-1020, and
			 160-100-1030  apply to a revised lesson plan.
(5) Upon approval of a revised lesson plan,
			 the Secretary of State will issue a Certificate of Approval pursuant to OAR
			 160-100-1010.
(6) A provider may only follow the
			 lesson plan corresponding to the most current Certificate of
			 Approval.
Stat. Auth.: Sec. 21, ch.219, OL 2013
Stats. Implemented: Sec. 21, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1060 - Certificate of Education

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An approved
			 provider must issue a Certificate of Education to a notary public applicant
			 upon completion of an approved course of study, as provided in section (3).
(2) The Certificate of Education
			 shall be issued by the provider to a notary public applicant only after the
			 person has completed the approved course of study.
(3) The Certificate of Education must consist
			 of a certificate signed by an approved provider or an employee, agent,
			 instructor, contractor, or subcontractor of an approved provider, which
			 contains the following information:
(a) The
			 name of the approved provider as it appears on the Certificate of Approval
			 issued by the Secretary of State for the approved course of study.
(b) The name of the notary public applicant
			 who completed the approved course of study.
(c) The date the notary public applicant
			 completed the approved course of study.
(d) The Notary Education Identification
			 Number, consisting of the Provider Identification Code and a unique six-digit
			 number.
(e) The statements that:
(A) The Certificate of Education must be
			 valid for a period of six months from the date of issuance; and
(B) The student must provide the Notary
			 Education Identification Number on the notary public application when submitted
			 to the Secretary of State.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1070 - List of Attendees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An approved
			 provider must maintain a list of persons who attend each session of an approved
			 course of study.
(2) The List of
			 Attendees must be maintained for a period of five years from the date of
			 issuance of the Certificates of Education corresponding to that session.
(3) The list must include the
			 following:
(a) The name of the approved
			 provider as listed in the Certificate of Approval for the approved course of
			 study.
(b) The provider
			 identification code issued by the Secretary of State.
(c) The name of the instructor or instructors
			 who taught the approved course of study.
(d) The date, time, and location of the
			 approved course of study.
(e) The
			 names of all the attendees in alphabetical order by the last name of the
			 attendee.
(f) The Notary Education
			 Identification Number corresponding to the attendee, if any.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1080 - Secretary of State Attending Approved Course of Study

Current through Register Vol. 63, No. 7, July 1, 2024
An approved provider must permit the Secretary of State or
				representatives of the Secretary of State to attend any approved course of
				study, without prior notice and at no charge, for the purpose of observation,
				monitoring, auditing, and investigating the instruction
				given.
Stat. Auth.: Sec. 21, ch.219, OL 2013
Stats. Implemented: Sec. 21, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1090 - Duty to Respond to a Written Request from the Secretary of State

Current through Register Vol. 63, No. 7, July 1, 2024
An approved provider must respond in writing within 30 days of
				receiving a written request for information from the Secretary of State. A
				written request may be sent to the mailing address, facsimile number, or e-mail
				address listed on the most current Notary Public Education Provider Application
				or Amendment form filed pursuant to OAR
				160-100-1020  or
				160-100-1050.
Stat. Auth.: Sec. 21, ch.219, OL 2013
Stats. Implemented: Sec. 21, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1100 - Cancellation or Delay of Scheduled Approved Course of Study

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before charging any fees to a notary
			 public applicant for an approved course of study, an approved provider must
			 disclose the refund policy of the approved provider.
(2) An approved provider must refund all fees
			 within 30 days of a scheduled course date to any notary public applicant who
			 registered to attend an approved course of study if one of the following
			 occurs:
(a) An instructor fails to appear at
			 the scheduled time, date, or place of the approved course of study;
(b) An approved course of study is delayed in
			 starting more than 15 minutes after the scheduled time, and a notary public
			 applicant immediately informs the approved provider of his or her request for a
			 refund, and the notary public applicant leaves the approved course of study
			 before its start; or
(c) The
			 provider does not hold a current Certificate of Approval from the Secretary of
			 State.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1105 - Complaints Against an Approved Provider

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may file a complaint against an
			 approved provider with the Secretary of State. A complaint shall be submitted
			 on the standard form provided by the Secretary of State, signed and dated by
			 the person filing the complaint. A complaint that does not comply with the
			 requirements of this section shall not be filed, responded to or acted upon by
			 the Secretary of State.
(2) The
			 Secretary of State may commence an investigation of an approved provider as a
			 result of information received from any source.
(3) Complaint forms received by the Secretary
			 of State are not exempt from disclosure under Public Records Law, and shall be
			 available to the approved provider and others in conformity with ORS
			 192.410 to
			 192.505.
(4) An investigation of the Secretary of
			 State under sections (1) and (2) of this section may include:
(a) An initial request for information from
			 the accused provider;
(b) A copy
			 of the complaint forwarded to the accused; and
(c) A request for supporting documentation
			 and other sources of information.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1110 - List of Approved Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Secretary of State may also make a list of approved providers available online
			 at the Corporation Division's website. The approved provider list may include
			 the following information:
(a) The name of
			 approved provider.
(b) Contact
			 information - a mailing address; a telephone number; a fax number; an e-mail
			 address; and a website address.
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1120 - Renewal of a Certificate of Approval

Current through Register Vol. 63, No. 7, July 1, 2024
Ninety days before the certificate's expiration, the Secretary
				of State will notify a provider, by e-mail, fax, or written mail, of the need
				to renew the provider's Certificate of Approval.
Stat. Auth.: Sec. 21, ch.219, OL 2013
Stats. Implemented: Sec. 21, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1130 - Grounds for Termination of a Certificate of Approval

Current through Register Vol. 63, No. 7, July 1, 2024
The Secretary of State may terminate a Certificate of Approval
				upon any of the following grounds:
(1)
			 Violation of any of the provisions of this chapter or ORS
			 194.325.
(2) Misrepresentation of the laws of Oregon
			 concerning the duties and functions of a notary public.
(3) Deviation from the lesson plan for a
			 course of study approved by the Secretary of State.
(4) Failure to respond to a request from the
			 Secretary of State.
(5)
			 Representations by the provider that any product, goods, or services provided
			 by the provider are endorsed, recommended or required by the Secretary of
			 State. Certification only recognizes that the education program curriculum of
			 the provider is similar to the state's curriculum.
Statutory/Other Authority: ORS
				  194.325  & ORS
				  194.360
Statutes/Other Implemented: ORS
				  194.325
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1140 - Termination of Certificate of Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Secretary of State proposes to
			 terminate the Certificate of Approval of a provider, opportunity for hearing
			 shall be accorded as provided in the contested case procedures set out in ORS
			 183.413 through
			 183.500 and the Attorney
			 General's Model Rules of Procedure for Contested Cases.
(2) If the provider does not request a
			 hearing, termination shall be effective 21 days after the termination notice.
(3) The cancellation of the
			 provider's Certificate of Approval does not bar the Secretary of State from
			 instituting or continuing an investigation or disciplinary proceedings.
(4) Upon completion of the
			 disciplinary proceedings, the Secretary of State may enter an order finding the
			 facts and stating the conclusion that the fact would or would not have
			 constituted grounds for termination of the Certificate of Approval if the
			 Certificate of Approval had still been in effect.
Stat. Auth.: Sec. 21, ch.219, OL 2013
Stats. Implemented: Sec. 21, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 160 - SECRETARY OF STATE, CORPORATION DIVISION › Division 100 - NOTARIES PUBLIC › Section 160-100-1150 - Cancellation of Certificate of Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An approved provider may cancel its
			 Certificate of Approval by submitting a written notice of cancellation to the
			 Secretary of State. Unless otherwise stated in the notice of cancellation, the
			 effective date of the cancellation of the Certificate of Approval is 30 days
			 after receipt of the notice of cancellation. The provider may confirm receipt
			 by the Secretary of State by phone or e-mail.
(2) Within 30 days of the effective date of a
			 cancellation of a Certificate of Approval, a provider must refund all fees to
			 all individuals who paid to take an approved course from a provider, if the
			 course is scheduled after the effective date of the cancellation.
Stat. Auth.: Sec. 21, ch.219, OL 2013
Stats. Implemented: Sec. 21, ch. 219, OL
				  2013
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 1 - RULEMAKING AUTHORITY › Section 161-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Model Rules of Procedure, OAR
			 137-003-0501  to 137-003-0700, as promulgated by the Attorney General of the
			 State of Oregon, apply to all contested case hearings conducted by a hearing
			 officer from the Hearing Officer Panel on behalf of the Board.
(2) The Board adopts the current edition of
			 the Model Rules of Procedure, OAR chapter 137, division 001, as promulgated by
			 the Attorney General of the State of Oregon and effective July 1.
The full text of the Attorney General's Model Rules of
				  Procedure are available from the office of the Attorney General or the
				  Appraiser Certification and Licensure
				  Board.
Stat. Auth.: ORS
				  674.305 &
				  674.310
Stats. Implemented: ORS
				  674
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 1 - RULEMAKING AUTHORITY › Section 161-001-0010 - Notice of Proposed Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to adoption, amendment or repeal of any rule, the Board
				shall give notice of the intended action as required by ORS chapter 183 and by
				mailing or furnishing a copy of the notice to:
(1) The Associated Press;
(2) Capitol Press Room;
(3) Department of Justice
(4) The following associations and
			 organizations:
(a) American Society of
			 Appraisers - Oregon Chapter;
(b)
			 Appraisal Foundation;
(c) Oregon
			 Federal Housing Agency;
(d)
			 Greater Oregon Chapter of the Appraisal Institute;
(e) International Association of Assessing
			 Officers - Oregon Chapter;
(f)
			 International Society of Appraisers - NW Chapter;
(g) International Right-of-Way Appraisers
			 Association - Oregon Chapter 3;
(h) National Association of Independent Fee
			 Appraisers - Oregon Chapter;
(i)
			 National Association of Master Appraisers;
(j) Oregon Association of Realtors;
(k) Oregon Bankers Association;
(l) Oregon League of Financial
			 Institutions;
(m) Oregon Mortgage
			 Bankers Association;
(n) The
			 Appraisal Subcommittee of the Federal Financial Institutions Examinations
			 Council;
(o) The Appraiser
			 Qualifications Board of the Appraisal Foundation;
(p) The Appraisal Standards Board of the
			 Appraisal Foundation;
(q)
			 Veterans' Administration;
(r)
			 Federal Housing Administration;
(s) Oregon Department of Transportation;
(t) Oregon Department of Veteran's
			 Affairs;
(u) Oregon Department of
			 Revenue;
(v) Association of
			 Mortgage Professionals
(w) Oregon
			 Association of Mortgage Professionals
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 1 - RULEMAKING AUTHORITY › Section 161-001-0025 - Policies and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
The Board may establish, and may direct the Administrator to
				establish, policies and procedures to implement ORS Chapter 674 and these
				rules.
Stat. Auth.: ORS
				  674.305 & ORS
				  674.310
Stats. Implemented: ORS
				  674.310
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 2 - DEFINITIONS › Section 161-002-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 161-001-0005  to 161-050-0050, the following
				terms (whether capitalized or not) shall have the following meanings:
(1)  "Accredited College or University" means a college or
				university that is accredited by the Commission on Colleges, or by an
				accrediting agency that is recognized by the U.S. Department of
				Education.
(2)  "Administrator" means the administrator of the Board
				appointed by the Board.
(3)  "Affiliate" means a business organization sharing with a
				financial institution or insurance company some aspect of common ownership and
				control.
(4)  "Appraisal" or "Real Estate Appraisal" means "appraisal" as
				defined in USPAP.
(5)  "Appraisal Foundation" means the Appraisal Foundation
				established on November 30, 1987, as a not-for-profit corporation under the
				laws of Illinois.
(6)  "Appraisal Report" means "report" as defined in
				USPAP.
(7)  "Appraiser Assistant" or "AA" means a person who is not
				licensed or certified as an appraiser, but is registered as an appraiser
				assistant under ORS 674.310, and who assists with real estate appraisal
				activity under the direct supervision of a certified appraiser.
(8)  "Appraisal Subcommittee" or "ASC" means the Appraisal
				Subcommittee of the Federal Financial Institutions Examination Council (FFIEC)
				established pursuant to the Federal Act.
(9)  "Board" or "ACLB" means the Appraiser Certification and
				Licensure Board established under ORS Chapter 674.
(10)  "Certificate" means the document issued by the Board
				indicating that the person named thereon has satisfied the requirements for
				certification as a state certified residential or state certified general
				appraiser.
(11)  "Classroom hour" as used in reference to qualifying and
				continuing education means 50 minutes out of each 60 minute segment.
(12)  "Completion" means interpreting, analyzing and reconciling
				data or compiled data, including reviewing and adopting another person's
				interpretations and reconciliations as one's own.
(13)  "Complex one-to-four family residential property
				appraisal" means an appraisal in which the property to be appraised, market
				conditions, or form of ownership is atypical. For example, atypical factors may
				include, but are not limited to:
(a)  Architectural style;
(b)  Age of improvements;
(c)  Size of improvements;
(d)  Size of lot;
(e)  Neighborhood land use;
(f)  Potential environmental hazard liability;
(g)  Property interests;
(h)  Property Conditions
(i)  Limited readily available comparable sales data; or
(j)  Other unusual factors.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 3 - FEES › Section 161-003-0020 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall charge and collect the following fees:
(1) Examination Fee - Actual Fee;
(2) Application Fee - $125;
(3) Fee for Certificate or License Issued
			 (two years) - $600;
(4) Fee for
			 Certificate or License Renewed (two years) - $640;
(5) Fee for Duplicate Certificate/License -
			 $40;
(6) Fee for Inactive
			 Certificate or License (two years) - $300;
(7) Fee for Renewal of Inactive Certificate
			 or License (two years) - $300;
(8)
			 Fee for Reactivation of Inactive Certificate or License - $200;
(9) Fee for Late License/Certificate Renewal
			 (in addition to renewal fee) - $500;
(10) Fee for Temporary Registration -
			 $250;
(11) Annual Federal Registry
			 Fee (set by the ASC of the FFIEC) - Actual Fee;
(12) Appraiser Assistant Registration -
			 $150;
(13) Appraiser Assistant
			 Registration Renewal - $150;
(14)
			 Supervising Appraiser Endorsement - $100;
(15) FBI Criminal Background Check - Actual
			 Fee;
(16) Fee for License History -
			 $50;
(17) Qualifying Education
			 Course - $250;
(18) Continuing
			 Education Course - $200;
(19)
			 Continuing Education Course - 1-2 day seminar - $75;
(20) Education Course Provider Application -
			 $100.
Statutory/Other Authority: ORS
				  674.305  & 674.310
Statutes/Other Implemented: ORS
				  674
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0000 - The Agency and Its Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Appraiser Certification and Licensure Board was created by
				the 1991 Oregon Legislative Assembly to implement Title XI of the Federal Act
				in Oregon.
(1) Its purpose is to
			 represent the broad public interest while it implements its functions to
			 license, supervise and regulate appraisers in Oregon, and to develop and
			 establish appraisal education and experience standards.
(2) The Appraiser Certification and Licensure
			 Board is a regulatory agency. Board members shall avoid conflicts of interest
			 in implementing appraiser certification and supervision functions. The Board is
			 to provide adequate safeguards to ensure that the appraisal regulatory function
			 is insulated from the influence of any industry or organization whose members
			 have a direct or indirect financial interest in the outcome of the Board's
			 decisions. The regulatory functions of the Board are independent of other
			 realty related regulatory agencies.
Stat. Auth.: ORS
				  674.010,
				  674.305(8)
				  & 674.310
Stats. Implemented: ORS
				  674.305
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0025

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  674.305(8)
				  & 674.310
Stats. Implemented: ORS
				  674
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  674.305(8)
				  & ORS 674.310
Stats. Implemented: ORS
				  674.305
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0060 - Administrator

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board shall
			 appoint an Administrator. The Administrator will be unclassified service and
			 compensation will be fixed by the Board.
(2) The Administrator shall not be actively
			 engaged in the appraisal business or in any other realty related business for
			 the individual's term of appointment or employment.
(3) The Administrator shall be responsible
			 for the administration of Board policy and applicable state and federal laws
			 and regulations.
(4) The
			 Administrator is designated as agent for the Board for service of legal process
			 upon the Board.
Stat. Auth.: ORS
				  674.305 & 674.310
Stats. Implemented: ORS
				  674.305
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0070

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  674.305 & ORS
				  674.310
Stats. Implemented: ORS
				  674.305
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0080

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  674.305(8)
				  & ORS 674.310
Stats. Implemented: ORS
				  674.305
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0110

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  674.305(8)
				  & ORS 674.310
Stats. Implemented: ORS
				  674.305
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0120

Current through Register Vol. 63, No. 7, July 1, 2024
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 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0140 - Registry

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall, compile and publish on the Board website a
				registry of the names and addresses of all persons both licensed and certified
				to perform real estate appraisals.
Stat. Auth.: ORS
				  674.305(8)
				  & 674.310
Stats. Implemented: ORS
				  674.310
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0155 - Allegation Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 allegation reports must be in writing.
(2) Any person may file an allegation report.
			 The Board will accept anonymous allegation reports.
(3) A member of the Board or the
			 Administrator may initiate an allegation report.
(a) Before a member of the Board or the
			 Administrator initiates an allegation report and investigation, the Enforcement
			 Oversight Committee must review the allegation report to determine if an
			 objective basis exists that possible violations of ORS Chapter 674 and/or OAR
			 chapter 161 has occurred.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0160 - 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 the person against
			 whom the allegation is filed. Unless otherwise specified in the notice of
			 investigation, the Respondent must produce within thirty (30) days:
(a) True copies of records, including the
			 workfile. No extension of time for the production of these documents will be
			 granted; and
(b) A written response
			 to the allegations set forth in the allegation report.
(A) A respondent may request an extension to
			 file a response to a notice of investigation. An extension of up to thirty (30)
			 days only will be approved, provided the extension request is submitted in
			 writing to the Administrator within the thirty (30) day time period. Good cause
			 must exist that shows circumstances beyond the reasonable control of the
			 respondent preventing a response within thirty (30) days.
(B) The Administrator may grant one
			 additional extension of no more than thirty (30) days only upon showing of good
			 cause.
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0170 - Separate Offense and Violation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each act of "real estate appraisal
			 activity" performed without a license or certification is a separate violation
			 of ORS 674.100.
(2) Any and each violation of ORS
			 674.100,
			 674.130 to
			 674.150,
			 674.310 and
			 674.330, 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
				  674.305 & ORS
				  674.310
Stats. Implemented: ORS
				  674
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0175 - Enforcement Guidelines

Current through Register Vol. 63, No. 7, July 1, 2024
The primary objective of the enforcement guidelines is to
				fairly and consistently apply appropriate sanctions for violations of Oregon
				Revised Statutes and Oregon Administrative Rules governing real estate
				appraisal activity.
(1) Sanctions
			 imposed by the Board are included in ORS
			 674.140 and
			 674.850.
(2) A notice of proposed disciplinary action
			 shall propose the presumptive sanction(s) provided by the guidelines unless
			 there are substantial and compelling reason(s) to propose a departure. If the
			 Notice departs from the presumptive sanctions, the Notice shall state the
			 substantial and compelling reason(s) for the departure.
(3) 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. If the
			 parties stipulate to depart from the guidelines, the Administrator or the
			 Administrator's designee shall consider the purpose and principles of the
			 guidelines and may agree to sanctions that are proportionate to the seriousness
			 of the violations.
(4) Departure
			 from the guidelines shall also be allowed in issuance of a Proposed Order by an
			 Administrative Law Judge and/or a Final Order by the Board upon a showing of
			 substantial and compelling reason(s) for said departure. Substantial and
			 compelling reason(s) shall be stated in the Proposed Order and/or Final
			 Order.
(5) In the event of second
			 or subsequent violations of ORS
			 674.140(2)
			 and/or 674.140(7), 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.
Grid referenced is available from the
				  agency.
Stat. Auth.: ORS
				  674.140 & 674.310
Stats. Implemented: ORS
				  674.140 &
				  674.850
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0180 - 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 license or
			 certificate.
(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 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 6 - ORGANIZATION, ADMINISTRATION AND PROCEDURES › Section 161-006-0185 - Notice of Disciplinary Action

Current through Register Vol. 63, No. 7, July 1, 2024
Once an official disciplinary action has occurred, the Board
				shall:
(1) Report all violations of
			 applicable appraisal related laws, regulations, orders, disciplinary and
			 enforcement actions to the FFIEC Appraisal Subcommittee (ASC);
(2) Advise other State Boards of the
			 stipulated agreement upon request;
(3) Publish notice of the stipulated
			 agreement on the Board's website; and
(4) Provide notice of the stipulated
			 agreement to all parties on the Board's Final Order mailing list.
Stat. Auth.: ORS
				  674.305 & 674.310
Stats. Implemented: ORS
				  674.305 &
				  674.310
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 8 - PUBLIC RECORDS › Section 161-008-0000 - Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 161-008-0000  to 161-008-0040  apply to all public records of
				the Board.
Stat. Auth.: ORS
				  674.305 & ORS
				  674.310
Stats. Implemented: ORS
				  674.310
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 8 - PUBLIC RECORDS › Section 161-008-0010 - Access to Records

Current through Register Vol. 63, No. 7, July 1, 2024
Board public records are available for inspection by any party
				at the Board office during regular business hours.
(1) Any person wishing to obtain copies of
			 specific public records may request these records from the Administrator's
			 designated staff. Copies of these records will be supplied upon payment of the
			 cost of copying, handling and postage, set by rule of the Board.
(2) Access to and disclosure of public
			 records is subject to ORS
			 192.410 to
			 192.505.
(3) Personal inspection of public records
			 must be arranged by appointment with the Administrator's designated
			 staff.
Stat. Auth.: ORS
				  674.305 &
				  674.310
Stats. Implemented: ORS
				  192.420 &
				  674.310
Oregon Administrative Rules › Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD › Division 8 - PUBLIC RECORDS › Section 161-008-0020 - Requests to Inspect or Obtain Copies of Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
A request to inspect or obtain copies of a public record or
				information from public records shall be made in writing and shall
				include:
(1) The name of the
			 requester;
(2) Identification of
			 the specific public record being requested, and the type and format of needed
			 public record information, if known to the requester; and
(3) The number of copies requested, if
			 applicable.
Stat. Auth.: ORS
				  674.305 & ORS
				  674.310
Stats. Implemented: ORS
				  192.420 & ORS
				  674.310