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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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REAL ESTATE AGENCY

 

DIVISION 1

PROCEDURAL RULES

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) days prior to the effective date.

(2) By mailing a copy of the notice at least twenty-eight (28) days before the effective date of the rule to persons on the Real Estate Commissioner's mailing list established pursuant to ORS 183.335(7) and all appropriate Legislators as designated by ORS 183.335(14).

(3) By mailing a copy of the notice to the following persons, organizations, or publications:

(a) For Real Estate Brokers rules:

(A) All local Boards or Associations of Realtors;

(B) The Associated Press and the Capitol Press Room;

(C) Oregon Association of Realtors;

(D) The Oregon Realtor, publication of the Oregon Association of Realtors;

(E) All multiple listing services;

(F) Oregon Land Title Association.

(b) For Oregon Subdivision and Series Partition Control Law rules, Oregon Condominium Act rules, rules for ORS 94.803 to 94.945, relating to timeshare estates, or rules for ORS 94.953 to 94.985 relating to the sale of membership camping contracts:

(A) Sawhorse, publication of the Oregon Building Industry Association;

(B) The Associated Press and the Capitol Press Room;

(C) Oregon Association of Realtors;

(D) The Oregon Realtor, publication of the Oregon Association of Realtors;

(E) Oregon Building Industry Association;

(F) Oregon County Courts and Boards of Commissioners.

(c) For Oregon Escrow Law rules:

(A) The Associated Press, and the Capitol Press Room;

(B) Oregon Escrow Council, Inc.;

(C) Oregon Escrow Council Educator, publication of the Oregon Escrow Council, Inc.;

(D) Licensed Escrow Agents;

(E) Oregon Land Title Association.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183, 192 & 696
Stats. Implemented: ORS 183.385(3)
Hist.: REC 43, f. & ef. 11-6-75; REC 1-1982, f. & ef. 2-3-82; REC 2-1984, f. & ef. 6-18-84; REA 1-1987, f. 12-3-87, ef. 1-1-88; REA 1-1997, f. 4-28-97, cert. ef. 5-5-97; REA 4-1997, f. 11-24-97, cert. ef. 12-1-97; REA 3-2003, f. 7-28-03, cert. ef. 8-1-03

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 Procedure is available from the office of the Attorney General or the Real Estate Agency.]

Stat. Auth.: ORS 183.341, 183.502 & 696.385
Stats. Implemented: ORS 183.341 & 183.502
Hist.: REC 32, f. 11-2-71, ef. 11-15-71; REC 36, f. 1-15-74, ef. 2-11-74; REC 48, f. & ef. 7-19-76; REC 4-1978, f. & ef. 7-2-78; REC 1-1982, f. & ef. 2-3-82; REC 2-1983, f. & ef. 10-13-83; REC 1-1986, f. & ef. 2-11-86; REA 2-1988, f. & cert. ef. 9-9-88; REA 2-1989(Temp), f. & cert. ef. 9-22-89; REA 3-1990, f. 12-13-90, cert. ef. 2-1-90; REA 6-1992, f. 11-4-92, cert. ef. 1-1-93; REA 1-1996, f. 6-3-96, cert. ef. 6-10-96; REA 1-1998, f. & cert. ef. 4-3-98; REA 2-1998, f. 5-28-98, cert. ef. 6-1-98; REA 1-2000, f. & cert. ef. 1-28-00; REA 2-2000, f. 3-27-00, cert. ef. 3-31-00; REA 1-2003(Temp), f. 2-27-03, cert. ef. 2-28-03 thru 8-27-03; REA 3-2003, f. 7-28-03, cert. ef. 8-1-03; REA 4-2006, f. 12-28-06, cert. ef. 1-1-07; REA 4-2008, f. 9-10-08, cert. ef. 10-1-08

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 an interest in a proceeding before the Commissioner at the licensee's or other person's last known address of record with the Agency. All other notices are properly served by the Agency when delivered personally or deposited in the United States mail, regular mail, to the addressee's last known address of record with the Agency.

(2) The Commissioner or Agency may grant a postponement of a hearing at the request of a party to the hearing if:

(a) The request is made not later than six business days prior to the date of the hearing. "Business days" are days on which the office of the Real Estate Agency is regularly open for the transaction of business; and

(b) The party has shown good cause in the request for not attending the hearing as scheduled. "Good cause" exists if the circumstances causing the request are beyond the reasonable control of the requesting party and the failure to grant the postponement would result in undue hardship to the requesting party.

Stat. Auth.: ORS 183 & 696
Stats. Implemented: ORS 183.415
Hist.: REC 2-1984, f. & ef. 6-18-84; REA 1-1987, f. 12-3-87, ef. 1-1-88

863-001-0007

Refunds and Charges

(1) The 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 receives payment of any fees by check and the check is returned to the Agency as an NSF check, the payor of the fees will be assessed an NSF charge of $25 in addition to the required payment of the fees.

Stat. Auth.: ORS 181, 183, 293 & 696
Stats. Implemented: ORS 293.445(4)
Hist.: REA 3-1990, f. 12-13-90, cert. ef. 2-1-90; REA 1-1997, f. 4-28-97, cert. ef. 5-5-97; REA 3-2004, f. 4-28-04 cert. ef. 5-3-04

863-001-0010

Public Records

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 five pages or less, $5;

(b) For each page of a certified document in excess of five pages, 25¢ per page;

(c) For uncertified copies:

(A) From one to 10 pages are free, from 11 to 20 pages are a flat fee of $5 and any pages in excess of 20 are 25¢ per page; or

(B) $15 per hour or any portion of an hour plus 3¢ per page; or

(C) In the case of extraordinarily large copy requests, the total actual cost of providing a temporary employee to complete the request (Usual minimum of four hours), plus 3¢ per page.

(d) All charges for both certified and uncertified copies, except those sent by facsimile, must be paid for prior to delivery of the copies to the person requesting the copies;

(e) For copies to be sent by facsimile (fax), $5 for the first three pages (not including the fax cover sheet and the billing sheet) and 50¢ for each additional page over three. Costs will be billed to the person requesting the copies on a billing sheet which will be sent by facsimile with the requested copies.

(2) In addition to the charges prescribed in section (1) of this rule, may charge an amount, as determined reasonable by the Commissioner, to reimburse the Agency for the actual cost of making the records available.

(3) The Commissioner shall make all public records of the Agency, not otherwise exempt from disclosure by law, available for inspection and copying during regular business hours of the Agency.

(4) Service will be delivered on the basis of first-come, first-served. Walk-in customers or customers with large requests may be asked to make their requests in writing for later mail delivery as workload priorities permit.

(5) Access to investigation files which are scheduled for a hearing shall be governed by the Public Records Law. Requests to review such a file or to obtain copies from such a file must be in writing and received by the Agency not later than ten working days prior to the scheduled date of the hearing. The review appointment or the requested copies must be provided not later than five working days prior to the scheduled date of the hearing.

(6) May condition the time and manner of inspection or copying as necessary under the circumstances to protect the records and to prevent interference with the regular discharge of the duties of the Agency, its officers and employees.

Stat. Auth.: ORS 183.355, 192 & 696.385
Stats. Implemented: ORS 192.430 & 192.440
Hist.: REC 1-1982, f. & ef. 2-3-82; REA 4-1992, f. 6-25-92, cert. ef. 7-1-92

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 bank account, initiated by the person or entity, and cleared through the Automated Clearing House (ACH) network for deposit to the Agency.

(c) "EFT — ACH Debit" means the electronic funds transfer from a person’s or entity’s bank account, initiated by the Agency and cleared through the ACH network to debit a person’s or entity’s bank account and deposit to the Agency’s account.

(2) Effective September 12, 2011, it is the policy of the Oregon Real Estate Agency that the payment method for accepting payments by persons or entities doing business with the Agency for the following fees shall be by EFT or credit/debit card payments:

(a) An application fee for a real estate broker, principal real estate broker or real estate property manager license.

(b) An application fee for renewal of a real estate broker, principal real estate broker or real estate property manager license.

(c) An application fee for the registration of a branch office of a principal real estate broker or property manager.

(d) An application fee for a licensee name change.

(e) An application fee to transfer a real estate broker’s, principal real estate broker’s or real estate property manager’s license.

(f) An application fee to renew an inactive real estate broker, principal real estate broker or real estate property manager inactive license.

(h) An application fee for the reactivation of an inactive license of a real estate broker, principal real estate broker or real estate property manager.

(i) A late renewal fee that is in addition to the renewal fee, for late renewal.

(k) An application fee for the initial registration of a business name.

(l) An application fee for a membership campground contract broker, operator or salesperson.

(3) Electronic payments to the Agency shall be made using one of the following methods:

(a) Online payment process available on the Agency’s website. A person or entity will authorize the Agency to charge their credit/debit card or debit their bank account using an EFT — ACH Debit through the Agency’s online payment process.

(b) EFT — ACH Credit to the Agency’s designated bank account. A person or entity choosing to send EFT — ACH Credits to the Agency’s bank account, shall complete a form provided by the Agency. This form shall be submitted to the Agency to authorize EFT — ACH Credit payments to the Agency.

(4) Notwithstanding (3) of this rule, the Agency will grant an exception and accept payments by check when a person or entity presents satisfactory evidence of special circumstances, which the Agency will review on a case by case basis and will consider based on whether the processing of a paper check would be in the best interests of the Agency. A request for exception must be made in writing.

Stat. Auth: ORS 696.385
Stats. Implemented: ORS 696.270 & 296.525
Hist.: REA 4-2011, f. 8-15-11, cert. ef. 9-1-11; REA 8-2011, f. & cert. ef. 11-15-11

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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