Title 52, Occupations and Professions

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 Prac…

As used in ORS 673.800 to 673.825: (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) “Ex…

(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 exchan…

(1) An exchange facilitator shall at all times: (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-bearin…

(1) An exchange facilitator shall act as a custodian for all exchange funds and shall invest the exchange funds only in investments that: (a) Meet a prudent investor standard; and (b) Satisfy the investment goals of liquidity and preservation of principal. (2) An exchange facilit…

An exchange facilitator may not knowingly: (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 misrepresentat…

(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 pe…

(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 Gener…

For purposes of this chapter: (1) “Appraisal Foundation” means the Appraisal Foundation established on November 30, 1987, as a not-for-profit corporation under the laws of Illinois. (2) “Appraisal Subcommittee” means the Appraisal Subcommittee of the Federal Financial Institution…

The purposes of this chapter are to: (1) Require that all real estate appraisals be performed in accordance with uniform standards by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision. (2) Conform the law of…

(1)(a) A person may not engage in, carry on, advertise or purport to engage in or carry on real estate appraisal activity within this state without first obtaining certification, licensure or registration as provided for in ORS 674.310. (b) Real estate appraisal activity is the p…

When preparing, completing or issuing an opinion about the value of real property or an interest in real property as described in ORS 674.100 (1)(b), a state licensed appraiser or state certified appraiser shall consider improvements made to the structure of any building located …

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Appraiser Certification and Licensure Board may require the fingerprints of a person who is applying for, or holds, a license, certificate or registration, or is applying for renewa…

The Appraiser Certification and Licensure Board shall recognize temporarily the certificate or license of an appraiser issued by another state if: (1) The appraiser’s business is of a temporary nature; and (2) The appraiser registers with the board. [1991 c.5 §8; 1993 c.465 §6]

Notwithstanding any other provision of law, any real estate appraisal that is performed in connection with a federally related transaction shall be in writing and shall be performed and completed in accordance with the appraisal standards established by the federal financial inst…

The Appraiser Certification and Licensure Board may suspend or revoke the certificate, license or registration of a state certified appraiser, a state licensed appraiser or a state registered appraiser assistant, reprimand a state certified appraiser, a state licensed appraiser o…

(1) As used in this section, “objective basis” means a substantial objective basis for believing that, more likely than not, a violation of ORS 674.140 has occurred and a person subject to discipline under ORS 674.140 has committed the violation. (2) Before disciplining a person …

Every state certified appraiser and every state licensed appraiser shall maintain records of all real estate appraisal activity conducted by the appraiser. The records shall at all times be open for inspection by the Appraiser Certification and Licensure Board or its duly authori…

(1) If the administrator of the Appraiser Certification and Licensure Board determines that the standards, qualifications and examinations for licensing, certifying or registration of real estate appraisers of another state are substantially similar to the standards, qualificatio…

As used in ORS 674.200 to 674.250: (1) “Appraisal” means the process of developing an opinion of the value of real property in conformance with commonly accepted standards for appraisers. (2)(a) “Appraisal management company” means an external third party that: (A) Oversees an ap…

(1) A person may not directly or indirectly engage in or attempt to engage in business as an appraisal management company or advertise or represent that the entity is an appraisal management company unless the person is: (a) Registered as an appraisal management company with the …

(1) An applicant for issuance or renewal of an appraisal management company registration shall file with the Appraiser Certification and Licensure Board a surety bond with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit i…

(1) The Appraiser Certification and Licensure Board may adopt rules establishing a procedure for auditing an appraisal management company registered under ORS 674.205 to examine the appraisal management company’s compliance with ORS 674.200 to 674.250. (2) If an appraisal managem…

(1) An appraisal management company or an employee, controlling person or agent of an appraisal management company may not: (a) Attempt to influence the development or reporting of an appraisal or appraisal review through coercion, extortion, collusion, compensation, inducement, …

Except in the case of breach of contract or substandard performance of real estate appraisal activity, an appraisal management company shall make payment to an independent contractor appraiser for the completion of an appraisal or appraisal review assignment: (1) Within 45 days a…

The Appraiser Certification and Licensure Board shall adopt rules requiring an appraisal management company to forward a complaint from a person with an interest in a real estate transaction for which an appraisal was arranged by the appraisal management company to the client tha…

The Appraiser Certification and Licensure Board may deny registration or renewal of registration to an appraisal management company or suspend or revoke an appraisal management company registration for a violation of ORS 674.200 to 674.250, or of rules adopted by the board. [2010…

Any employee of an appraisal management company who has reasonable basis to believe that an appraiser has failed to comply with the Uniform Standards of Professional Appraisal Practice, is violating the law or is otherwise engaging in unethical or unprofessional conduct, shall no…

The Appraiser Certification and Licensure Board shall adopt rules requiring an appraisal management company to provide documentation to the board showing that the appraisal management company provides training, in accordance with rules adopted by the board, to employees of the ap…

(1) The Appraiser Certification and Licensure Board shall collect from each appraisal management company an annual registry fee in an amount determined by the Appraisal Subcommittee as set forth in federal law. (2) The board shall establish by rule fees for appraisal management c…

(1) The Appraiser Certification and Licensure Board is established. The board shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472 for purposes of carrying out the provisions of this chapter. The board shall consist of eight members. The members shal…

(1) The Appraiser Certification and Licensure Board shall: (a) Have the power to do all things necessary and convenient to carry into effect the provisions of this chapter, ORS 674.200 to 674.250 and the federal Act and to regulate the activities of state licensed appraisers, sta…

The lapsing or suspension of a certificate, license or registration by operation of law, by order of the Appraiser Certification and Licensure Board, by decision of a court of law or by the voluntary surrender of a certificate, license or registration by an appraiser or appraiser…

(1) The Appraiser Certification and Licensure Board shall collect from each state certified appraiser and each state licensed appraiser an annual registry fee as required by the federal Act and in an amount determined by the Appraisal Subcommittee. (2) Except as provided in subse…

(1) All moneys, fees and charges collected or received by the Appraiser Certification and Licensure Board pursuant to ORS 674.250 and 674.330 shall be paid into the account created by the board under ORS 182.470. All moneys in the account are appropriated continuously to the boar…

A person engaging in or carrying on real estate appraisal activity shall not be required to make adjustments to otherwise comparable sales solely on the basis of the form of the conveyance. [1993 c.41 §2]

A person shall not testify or otherwise present evidence regarding an appraisal or appraisal report in a proceeding under ORS 183.413 to 183.497, a circuit court action or otherwise before a lawfully established board or commission unless the person has prepared a written report …

(1) The Appraiser Certification and Licensure Board may impose a civil penalty, not to exceed $500 for each violation, on a person who violates a provision of ORS 674.130 to 674.150 or a rule or final order of the board or a judgment made by a court upon application of the board.…

(1) Violation of ORS 674.100 (1) is a Class A misdemeanor. (2) An officer, director, shareholder or agent of a corporation, or member or agent of a partnership or association, who personally participates in or is an accessory to a violation of ORS 674.100 (1) by the partnership, …

(1) In accordance with ORS chapter 183, the Appraiser Certification and Licensure Board may impose a civil penalty, not to exceed $15,000 for each violation, on a person who violates a provision of ORS 674.200 to 674.250 or any rule adopted by the board under ORS 674.200 to 674.2…

As used in ORS 675.010 to 675.150, unless the context requires otherwise: (1) “Approved doctoral program in psychology” means a doctoral program in psychology accredited by the American Psychological Association or a doctoral program in psychology accredited individually or as pa…

(1) To safeguard the people of the State of Oregon from the dangers of unqualified and improper practice of psychology, no person shall, unless exempted from the provisions of ORS 675.010 to 675.150 by ORS 675.090: (a) Practice psychology in this state without first being license…

ORS 58.325 to 58.365 shall not apply to professional corporations rendering psychological services. [1985 c.90 §11] (Licensing)

(1) Upon application for licensure accompanied by the established fee, the Oregon Board of Psychology shall issue a psychologist license to an applicant who performs to the satisfaction of the board in examinations prescribed by the board and furnishes evidence satisfactory to th…

(1) Examinations administered by the Oregon Board of Psychology for applicants for licenses under ORS 675.010 to 675.150 shall be held at least once every year at such times and places as the board may determine. Timely and appropriate notice shall be sent to each applicant. (2) …

(1) The Oregon Board of Psychology shall adopt rules governing examinations required by the board. (2) When the board requires a board administered examination, the board shall: (a) Maintain a complete record of the proceedings and of the questions asked and responses given; and …