Oregon Administrative Code

160-100-1130 Grounds for Termination of a Certificate of Approval 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 c…

160-100-1140 Termination of Certificate of Approval (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…

160-100-1150 Cancellation of Certificate of Approval (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 cancella…

161-001-0005 Model Rules of Procedure (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…

161-001-0010 Notice of Proposed Rulemaking 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;…

161-001-0025 Policies and Procedures The Board may establish, and may direct the Administrator to establish, policies and procedures to implement ORS Chapter 674 and these rules. Statutory/Other Authority: ORS 674.305 & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACL…

161-002-0000 Definitions 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 a…

161-003-0020 Fees 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 Duplicat…

161-006-0000 The Agency and Its Purpose 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 functi…

161-006-0060 Administrator (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 busine…

161-006-0140 Registry 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. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS …

161-006-0155 Allegation Reports (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 o…

161-006-0160 Complaints, Investigations and Audits (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 …

161-006-0170 Separate Offense and Violation (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 fin…

161-006-0175 Enforcement Guidelines 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 impo…

161-006-0180 Rules of Procedure in Contested Cases (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 Administrato…

161-006-0185 Notice of Disciplinary Action 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) …

161-008-0000 Applicability of Rules OAR 161-008-0000 to 161-008-0040 apply to all public records of the Board. Statutory/Other Authority: ORS 674.305 & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 1-2002, f. & cert. ef. 2-26-02 ACLB 1-1994, f. & cert. ef. 2-1-94 …

161-008-0010 Access to Records 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.…

161-008-0020 Requests to Inspect or Obtain Copies of Public Records 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 rec…

161-008-0030 Payment for Inspection and Copies of Public Records (1) A person receiving a copy of a public record or information from a public record shall pay for the Board’s actual cost for: (a) Staff time necessary to locate and handle the records, to delete material exempt fr…

161-008-0040 Fees and Miscellaneous Charges (1)The Board establishes the following fees for producing copies of records: (a) For copying and certification of documents containing five pages or less, a charge of $5, and $5 for certification, plus an hourly rate of $25 for staff ti…

161-010-0010 Appraisers Credentials in Oregon, Application Components, Renewal Procedures, and Disciplinary Actions Disclosure (1) There are three categories of licensed or certified appraisers in Oregon; state licensed appraiser, state certified residential appraiser, and state …

161-010-0020 Qualifying Appraiser Experience for Certification and Licensure (1) Areas of acceptable appraisal experience, as described in OAR 161-010-0025, may include but are not limited to the following: (a) Fee Appraisal prepared by a state licensed or certified appraiser in …

161-010-0025 Requirements for Acceptable Appraisal Experience As a prerequisite to taking the applicable appraisal examination, the applicant shall present evidence of satisfactory completion of acceptable appraisal experience. An hour of experience is defined as verifiable time …

161-010-0035 Prerequisite Experience and Education Requirements for State Certified General Appraisers As a prerequisite to taking the examination for certification as a State Certified General Appraiser, an applicant shall present evidence satisfactory to the Administrator that …

161-010-0045 Prerequisite Experience and Education Requirements for State Certified Residential Appraisers (1) As a prerequisite to taking the examination for certification as a State Certified Residential Appraiser, an applicant shall present evidence satisfactory to the Adminis…

161-010-0065 Prerequisite Experience and Education Requirements for State Licensed Appraisers As a prerequisite to taking the examination for licensure as a State Licensed Appraiser, an applicant shall present evidence satisfactory to the Administrator that the applicant has: (1)…

161-010-0080 Appraiser Assistant Registration — Application and Renewal Requirements (1) A person desiring to participate in an appraiser training program must register with the Board and work under the direct supervision of at least one licensee who is in good standing, has been…

161-010-0085 Pre-Requisite Experience and Education for Supervising Appraiser Any licensee wishing to supervise a new appraiser assistant must first apply for and receive a Supervising Appraiser Endorsement. (1) In order to receive a Supervising Appraiser Endorsement, the applica…

161-015-0000 Application Process Any person desiring to take an appraiser examination, must submit a completed application as prescribed by the Board, evidencing completion of the required qualifying education and experience criteria before being approved to take the examination.…

161-015-0010 Form of Application All appraiser and appraiser assistant applications must be submitted as prescribed in OAR 161-010-0080 or 161-015-0000. (1) If space does not permit an applicant to present their complete record of experience or education on the application forms,…

161-015-0015 Reciprocity (1) The Board may recognize and accept the education and experience of an applicant who holds a license or certificate obtained from another state. The out-of-state license or certificate must be active and the applicant must be in good standing in all st…

161-015-0030 Submission of License or Certificate Application (1) Each application must be accompanied by a non-refundable application fee pursuant to OAR 161-003-0020. (2) An application that is not properly completed, does not contain all the required information, or is not acc…

161-015-0050 Qualifications to Take Examination To qualify to take any examination, an applicant must meet the education and experience requirements set forth in these rules. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB…

161-015-0060 Examinations (1) The Board may administer its own appraiser examinations or it may contract with an examination service to provide and conduct the examinations. The examinations shall be compliant with the requirements of the Appraiser Qualifications Board of the App…

161-015-0080 Rescheduling and Excused Absences An applicant must reschedule examinations and request excused absences directly with the testing agent. Statutory/Other Authority: ORS 674.305(8) & 674.310 Statutes/Other Implemented: ORS 674.310 History: ACLB 1-2002, f. & cert. ef. …

161-015-0090 Re-examination An applicant may take the exam up to three times within six months of the date of the Board’s approval to take the examination. Any applicant who has failed to successfully pass the examination after six months or three attempts, whichever occurs first…

161-020-0005 Scope This division outlines the requirements for qualifying education for state licensed appraisers, state certified residential appraisers, state certified general appraisers, and appraiser assistants; continuing education for state licensed appraisers, state certi…

161-020-0006 Definitions (1) "AQB" means the Appraiser Qualifications Board. (2) "Asynchronous" and "Asynchronously" mean the instructor and student interaction is non-simultaneous, the student progresses at the student's own pace and follows a structured course content and quiz/…

161-020-0015 Course Approval (1) Courses shall be reviewed and approved under these rules as either Qualifying Education or Continuing Education and shall be identified as either synchronous/classroom, asynchronous, or a hybrid. A hybrid Course must meet the criteria for both syn…

161-020-0025 Eligibility for Course Approval Any school, organization, person or other entity that owns the proprietary rights to a course is eligible to apply for course approval under these rules. For purposes of these rules, the following are considered to be a "course owner":…

161-020-0035 Application for Course Approval Course owners seeking initial Board approval shall make application on a form prescribed by the Board, and submit all required information listed on the application form along with a non-refundable application fee. Course owners seekin…

161-020-0045 Criteria for Approval of Course as Qualifying Education In order to be approved as qualifying education, the coursemust satisfy all criteria described in this rule: (1) Current Offering — The course shall be a current offering of the course owner/affiliated entity th…

161-020-0055 Criteria for Approval of Course as Continuing Education In order to be approved as continuing education, the course must satisfy all criteria described in this rule. (1) Current Offering — The course shall be a current offering of the course owner/affiliated entity t…

161-020-0061 Criteria for Acceptance of Practical Applications of Real Estate Appraisal (PAREA) Program In order to be accepted by the Board as satisfying the experience requirements for licensure or certification, the Program must be AQB-approved and satisfy all criteria describ…

161-020-0065 Denial of Approval If an application for course approval is accepted for consideration, but the course is subsequently not approved by the Board, the course owner/affiliated entity shall be notified in writing. The Board will also notify the course owner/affiliated e…

161-020-0070 Withdrawal of Approval by the Board (1) The Board may withdraw approval at any time upon finding any of the following: (a) That the course owner/affiliated entity provided false or misleading information in connection with an application for course approval or renewa…

161-020-0100 Amendments to Program Course owners/affiliated entities are required to comply with Board rules and procedures at all times. The Board may amend these rules at any time after giving notice as required by state law. These rules are effective when filed and will apply …

161-020-0110 Qualifying Education Course Content Guidelines (1) General Guidelines: (a) With exception to AQB-approved courses on Valuation Bias and Fair Housing Laws and Regulations, a Qualifying Education Course must be a real estate appraisal course that involves a minimum of …