Oregon Administrative Code

860-300-0010 Definitions for this Division (1) "Communications" means media that communicate voice, data, text, or video over a distance using electrical, electronic, radio, microwave, or light wave transmissions. (2) "ESF-12" refers to Emergency Support Function-12 and indicates…

860-300-0020 Wildfire Protection Plan Filing Requirements (1) Wildfire Mitigation Plans and Updates must, at a minimum, contain the following requirements as set forth in Section 3(2)(a)-(h), chapter 592, Oregon Laws 2021 and as supplemented below: (a) Identified areas that are s…

860-300-0030 Risk Analysis (1) The Public Utility must include in its Wildfire Mitigation Plan risk analysis that describes wildfire risk within the Public Utility’s service territory and outside the service territory of the Public Utility but within the Public Utility’s right of…

860-300-0040 Wildfire Mitigation Plan Engagement Strategies (1) The Public Utility must include in its Wildfire Mitigation Plan a Wildfire Mitigation Plan Engagement Strategy. The Wildfire Mitigation Plan Engagement Strategy will describe the utility’s efforts to engage and colla…

860-300-0050 Communication Requirements Prior, During, and After a Public Safety Power Shutoff (PSPS) (1) When a Public Utility determines that a PSPS is likely to occur, it must deliver notification of the PSPS to its Public Safety Partners, operators of utility-identified criti…

860-300-0060 Ongoing Informational Requirements for Public Safety Power Shutoffs (PSPS) (1) The Public Utility will create a web-based interface that includes real-time, dynamic information on location, de-energization duration estimates, and re-energization estimates. The web-ba…

860-300-0070 Reporting Requirements for Public Safety Power Shutoffs (PSPS) (1) The Public Utility is required to file annual reports on de-energization lessons learned, providing a narrative description of all PSPS events which occurred during the fire season. Reports must be fi…

860-300-0080 Cost Recovery All reasonable operating costs incurred by, and prudent investments made by, a Public Utility to develop, implement, or operate a Wildfire Protection Plan are recoverable in the rates of the Public Utility from all customers through a filing under ORS 7…

860-300-0090 Consumer-owned Utility Plans Municipal electric utilities, people’s utility districts organized under ORS chapter 261 that sell electricity, and electric cooperatives organized under ORS chapter 62 must file with the Commission a copy of its approved risk-based wildf…

863-001-0000 Notice of Proposed Rule Prior to the adoption, amendment, or repeal of any rule, the Real Estate Commissioner shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21…

863-001-0005 Rules of Procedure The Real Estate Agency adopts by reference the Attorney General's Uniform and Model Rules OAR 137-001-0005 through 137-005-0070 bearing the effective date of January 1, 2008. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedu…

863-001-0006 Hearing Notices and Postponements (1) A notice of intent is properly served by the Real Estate Agency when delivered personally or deposited in the United States mail, registered or certified mail, addressed to the real estate licensee or to any other person having a…

863-001-0007 Refunds and Charges (1) The Real Estate Agency shall not refund fees, civil penalties or other moneys overpaid by an amount of $15 or less unless such repayment is requested in writing by the payor within one year after the date of the overpayment. (2) If the Agency …

863-001-0010 Public Records (1) Pursuant to ORS 192.430 and 192.440, the Commissioner shall charge the following fees for certification or copying of any public records in the Commissioner’s custody and not otherwise exempt from disclosure: (a) For each certification containing f…

863-001-0020 Payment of Fees to the Agency (1) As used in this rule, the following definitions apply: (a) "Electronic funds transfer" (EFT) has the same meaning given the term in ORS 293.525. (b) "EFT — ACH Credit" means the electronic funds transfer from a person’s or entity’s b…

863-003-0000 Purpose These rules control the Real Estate Agency's acquisition of information about a subject individual's criminal history through criminal records checks or other means and the use of that information to determine whether the subject individual is fit to provide …

863-003-0005 Definitions As used in OAR chapter 863, division 3, unless the context requires otherwise, the following definitions apply: (1) "Agency" means the State of Oregon Real Estate Agency. (2) "Approved" means that, pursuant to a criminal background check, an authorized de…

863-003-0010 Subject Individual "Subject Individual" means an individual who is required to complete a criminal records check pursuant to these rules and from whom the Agency may require fingerprints for the purpose of conducting a criminal records check because the person: (1)(a…

863-003-0020 Criminal Records Check Process (1) (a) A subject individual shall complete an Agency criminal records request and a fingerprint capture. The information may include, but is not limited to: legal name and aliases, date of birth, address and recent residency informatio…

863-003-0030 Preliminary Fitness Determination (1) The Agency may conduct a preliminary fitness determination if the Agency is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination. (2) If the Agency elects to make a…

863-003-0040 Hiring or Appointing on a Preliminary Basis (1) The Agency may hire or appoint a subject individual on a preliminary basis if the Agency has approved the subject individual on the basis of a preliminary fitness determination under OAR 863-003-0030. (2) A subject indi…

863-003-0050 Final Fitness Determination (1) The Agency shall consider the following factors in relation to information provided by the subject individual, including any criminal offender information obtained through a criminal history check and other information known by the Age…

863-003-0060 Crimes Relevant to a Criminal Background Fitness Determination (1) A conviction of any of the following crimes or offenses is potentially disqualifying, unless otherwise provided by law. (a) All felonies. (b) All misdemeanors. (c) Any U.S. military crime or internati…

863-003-0090 Appealing a Fitness Determination (1) A subject individual may not appeal a criminal background fitness determination or a decision to close a criminal background fitness determination for reasons of incompleteness and refusal to consent. (2) A subject individual may…

863-003-0100 Recordkeeping and Confidentiality (1) Criminal offender information obtained in the criminal records check is confidential. The Agency must restrict the dissemination of information obtained in the criminal records check. Only persons identified by the Agency with a …

863-003-0110 Fees (1) The Agency may charge a fee, not to exceed the actual cost to the Agency, for acquiring and furnishing criminal offender information, including re-evaluations of criminal background determinations. (2) The Agency may charge the fee to the subject individual …

863-005-0000 Purpose These rules control the Real Estate Agency’s acquisition of information about a subject individual’s criminal history through criminal records checks or other means and its use of that information to determine whether the subject individual is trustworthy and…

863-005-0005 Definitions As used in OAR chapter 863, division 5 unless the context requires otherwise, the following definitions apply: (1) “Agency” means the State of Oregon Real Estate Agency. (2) “Authorized Designee” means a person authorized by the Real Estate Commissioner t…

863-005-0010 Criminal Records Check Process (1) A subject individual shall complete and sign an Agency background check application and an applicant fingerprint card approved by the Agency. (2) Within a reasonable period of time, a subject individual shall provide additional info…

863-005-0020 Criminal Background Fitness Determination (1) An authorized designee shall make a criminal background fitness determination about a subject individual based on: (a) Background check application and fingerprint card; (b) Any criminal records check(s) conducted; and (c…

863-005-0030 Crimes Relevant to a Criminal Background Fitness Determination (1) Permanent Review Crimes: (a) ORS 162.015, Bribe giving; (b) ORS 162.025, Bribe receiving; (c) ORS 162.065, Perjury; (d) ORS 162.085, Unsworn falsification; (e) ORS 162.117, Public Investment Fraud (f)…

863-005-0040 Incomplete Criminal Background Application The Agency will close an incomplete criminal background application and terminate a criminal background fitness determination without issuing a decision when: (1) The subject individual submits a written request to withdraw …

863-005-0050 Notice to Subject Individual of Incomplete Criminal Background Application (1) When an authorized designee proposes to close an incomplete criminal background application and terminate a criminal background fitness determination without issuing a decision the authori…

863-005-0060 Notice to Subject Individual of Criminal Background Fitness Determination (1) An authorized designee must provide written notice to a subject individual that the Agency has completed a requested criminal background fitness determination. (a) The notice must state the…

863-005-0070 Appeals (1) A subject individual may not appeal a criminal background fitness determination or a decision to close a criminal background fitness determination for reason of incompleteness. (2) If a licensing or registration applicant wishes to, they may complete any …

863-005-0080 Recordkeeping and Confidentiality (1) An authorized designee shall maintain all documents on a criminal background fitness determination or the closing of a criminal background fitness determination due to incompleteness in accordance with applicable archive retentio…

863-005-0090 Fees The agency shall charge a fee for acquiring criminal offender information to make a criminal background fitness determination, including re-evaluations of criminal background determinations made pursuant to OAR 863-005-0070. The fee shall not exceed the fee(s) c…

863-010-0600 Definitions As used in OAR 863-010-0600 to 863-010-0660, unless the context requires otherwise: (1) “Principal” or Principal person” includes owners of real estate marketing organizations having not less than 10% ownership interest in the organization, on-site manage…

863-010-0610 Application for Licensing (1) Prior to being issued a real estate marketing organization license, a real estate marketing organization shall file the following information with the Real Estate Commissioner, using an online application process which is available throu…

863-010-0620 Term of License (1) A new real estate marketing organization license shall be for a period of not more than 13 months and a renewal of such license shall be for a period of not more than 12 months from the expiration of the prior license. (2) A real estate marketing …

863-010-0630 Issuance of License (1) Upon receipt of all information required under OAR 863-010-0610 and completion of all processing of the information except for the completion of a criminal history check of the principal persons, a letter of authorization shall be issued to th…

863-010-0640 Fees The following fees shall apply to filings made pursuant to Chapter 217, Oregon Laws 1995: (1) Issuance or renewal of a real estate marketing organization license: $500.00; and (2) Filing of change of information required by OAR 863-010-0610(5): $75.00. Statutory…

863-010-0650 Real Estate Marketing Employee Registration (1) Each real estate marketing employee must be hired by, registered under, work under and use his or her legal name in real estate marketing activity for a licensed real estate marketing organization. (2) No person may act…

863-010-0660 Onsite Inspection of Nonresident Real Estate Marketing Organizations The Real Estate Commissioner may delegate any necessary onsite inspection of nonresident real estate marketing organizations to an agency of the state or foreign country in which the nonresident rea…

863-014-0000 Applicability and Purpose (1) This division sets forth the requirements and process for licensing real estate brokers and principal real estate brokers, as those terms are defined in ORS 696.010. (2) The purpose of this division is to specify the requirements for obt…

863-014-0003 Definitions As used in this division, unless the context requires otherwise, the following definitions apply: (1) "Agency" means the Real Estate Agency with powers pursuant to ORS 696.385. (2) “Agency-approved form” means an electronic or paper form approved by the R…

863-014-0010 License Application Content (1) Before the Agency will accept any documents or information relating to an applicant’s qualifications, an applicant for a real estate broker license or principal broker license must submit an application and pay the fee required under t…

863-014-0015 Background Check Application and Fingerprint (1) An applicant for real estate broker or principal real estate broker license must submit to a background check, except an applicant who is currently licensed as a real estate broker, principal real estate broker, or rea…

863-014-0020 Examinations (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…

863-014-0030 License Issue, Term and Form (1) The Agency will issue a real estate 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: (a) The requirements under OA…