112 sections in this chapter.
ORS 673.725 State Board of Tax Practitioners; term; qualification. (1) There is created a State Board of Tax Practitioners. The board shall consist of seven members who shall be appointed by the Governor
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(2) The term of office for each member shall be three years and no member shall be eligible for appointment to more than three terms of office, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a success…
ORS 673.730 Powers of board; rules. The State Board of Tax Practitioners shall have the following powers, in addition to the powers otherwise granted by ORS 673.605 to 673.740, and shall have all powers necessary or proper to carry the granted powers into effect
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(1) To determine qualifications of applicants for licensing and certification as a tax consultant, a tax preparer or a registered tax aide in this state. (2) To cause examinations to be prepared, conducted and graded. (3) To issue licenses and certificates to qualified applicants…
ORS 673.732 Cease and desist orders. (1) Except as provided in ORS 183.745, upon entry of a cease and desist order under ORS 673.605 to 673.740, the State Board of Tax Practitioners shall promptly give appropriate notice of the cease and desist order as provided in this section. The notice shall state that a hearing will be held on the cease and desist order if written demand for a hearing is filed with the board within 20 days after the date of service of the cease and desist order
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(2) If timely demand for a hearing is filed under subsection (1) of this section, the board shall hold a contested case hearing on the cease and desist order as provided by ORS chapter 183. In the event of a contested case hearing, the civil penalties assessed in the cease and de…
ORS 673.735 Civil penalties. (1) Any person who violates any provision of ORS 673.605 to 673.740, any rule adopted thereunder or any order of the State Board of Tax Practitioners shall incur, in addition to any other penalty provided by law, a civil penalty in an amount of not more than $5,000 for each violation. The amount of penalty shall be determined by the board after taking into consideration the gravity of the violation, the previous record of the violator in complying, or in failing to comply, with the provisions of ORS 673.605 to 673.740 or the rules adopted thereunder, and other considerations as the board considers appropriate
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(2) Civil penalties under this section shall be imposed as provided in ORS 183.745. (3) All penalties recovered under this section shall be paid into the General Fund to be credited to the board for use in carrying out the provisions of this section. [1973 c.387 §24; 1983 c.110 §…
ORS 673.740 Educational program as remedy. Under appropriate circumstances, as a further remedy in a proceeding which may or may not result in imposition of a civil penalty under ORS 673.735 or in cancellation, suspension, revocation or refusal to renew a tax consultant’s or preparer’s license, the State Board of Tax Practitioners may impose the requirement of successful participation and completion of an educational program specified by the board as correction or as a condition to reissuance, restoration, retention or renewal of the license. [1993 c.191 §2]
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EXCHANGE FACILITATORS
ORS 673.800 Definitions for ORS 673.800 to 673.825. As used in ORS 673.800 to 673.825
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(1) “Affiliate” means a person that controls, is controlled by or is under common control with another person, directly or indirectly. (2) “Client” means a taxpayer that enters into an agreement with an exchange facilitator for services. (3) “Exchange accommodation titleholder” m…
ORS 673.805 Notice required upon change in control. (1) When a change in control occurs for an exchange facilitator, the exchange facilitator within 10 business days after the change in control becomes effective shall notify the exchange facilitator’s clients with relinquished property located in this state or for which the exchange facilitator holds replacement property under a qualified exchange accommodation agreement. If the exchange facilitator is a publicly traded company and remains a publicly traded company after the change in control, the publicly traded company need not notify existing clients about the change in control
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(2) The notice required under subsection (1) of this section must: (a) Be delivered by hand, first-class mail, overnight mail, electronic mail or facsimile; (b) Be posted on any website the exchange facilitator maintains for 90 days after the effective date of the change in contr…
ORS 673.810 Duty to maintain bonds or deposits; duty to maintain insurance or deposits. (1) An exchange facilitator shall at all times
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(a) Maintain one or more fidelity bonds that are issued by a corporate surety authorized to do business in this state in an aggregate amount of not less than $1 million; (b) Deposit with a financial institution in an interest-bearing deposit account or money market account, the i…
ORS 673.815 Custodial duties; standards. (1) An exchange facilitator shall act as a custodian for all exchange funds and shall invest the exchange funds only in investments that
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(a) Meet a prudent investor standard; and (b) Satisfy the investment goals of liquidity and preservation of principal. (2) An exchange facilitator fails to invest exchange funds according to a prudent investor standard if: (a) The exchange facilitator knowingly commingles exchang…
ORS 673.820 Prohibitions. An exchange facilitator may not knowingly
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(1) Make a materially false statement, material misrepresentation or material statement intended to mislead a client or another person concerning an exchange conducted under 26 U.S.C. 1031, or continue a course of material misrepresentation through advertising or otherwise; (2) F…
ORS 673.825 Right of action. (1) A person that claims to have suffered damage because an exchange facilitator violated a provision of ORS 673.815 or 673.820 has a right of action on the bonds or deposits described in ORS 673.810. An action under this subsection does not limit the remedies available to the person under this section or under other provisions of law
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(2) An exchange facilitator that violates a provision of ORS 673.815 or 673.820 is subject to an action for damages brought in a circuit court of this state. [2013 c.392 §6] CRIMINAL PENALTIES
ORS 673.990 Criminal penalties. (1) Violation of any of the provisions of ORS 673.310, 673.320, 673.345 or 673.350 is a Class A misdemeanor. Whenever the Oregon Board of Accountancy has reason to believe that any person is liable to punishment under this subsection it may certify the facts to the Attorney General, who may, in the discretion of the Attorney General, cause appropriate proceedings to be brought
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(2) Violation of any provision of ORS 673.605 to 673.740, or any rule adopted thereunder, is a misdemeanor. [Subsection (2) enacted as 1973 c.387 §25; 1975 c.440 §22; 1999 c.322 §32] _______________