The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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APPRAISER CERTIFICATION AND LICENSURE BOARD




 


DIVISION 530
CRIMINAL BACKGROUND
161-530-0010
Criminal Records Check
(1) The Board shall
conduct a criminal records check on a subject individual as a condition of issuing
a registration as an appraisal management company, or when there is a change or
addition of a subject individual of an appraisal management company.
(2) The subject
individual shall submit a completed criminal background authorization on a form
prescribed by the Board, along with a fingerprint card.
(3) The subject
individual shall provide additional information, as requested by the Board, to resolve
any issue hindering the completion of a criminal background check and/or fitness
determination.
(3) The Board
shall request that the Oregon State Police conduct Oregon and nationwide criminal
records checks through fingerprint identification. The Board may request or conduct
a Law Enforcement Data System (LEDS) criminal records check, as part of any criminal
background check and/or fitness determination, to meet the requirements of this
rule.
(4) If a
subject individual refuses to consent to a criminal records check, including fingerprint
identification, the Board shall not issue a registration as an appraisal management
company. A subject individual may not contest any determination made based on a
refusal to consent.
(5) Withholding
information, misrepresentation, or submission of untrue or false statements as part
of the criminal background authorization are deemed to demonstrate untrustworthiness
and are cause for a civil penalty under ORS 674.995 and either denial or subsequent
disciplinary action, including revocation of registration.
Stat. Auth.: ORS
183.355, ORS 674.305(7), ORS 674.310 & 2011 OL Ch. 447

Stats. Implemented:
ORS 674.310 & 2011 OL Ch. 447

Hist.: ACLB
5-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 6-27-12; ACLB 1-2012, f. 7-2-12,
cert. ef. 7-3-12; ACLB 2-2012(Temp), f. & cert. ef. 8-3-12 thru 1-30-13; ACLB
1-2013, f. 1-30-13, cert. ef. 1-31-13
161-530-0020
Background Check Authorizations
and Fingerprint Card
(1) The background check includes a
criminal background check and a criminal records request as provided in OAR Chapter
161, Division 520. The subject individual must apply for the background check in
writing on a form approved by the Board with all information provided and certified
by the subject individual.
(2) The Board and a vendor
for fingerprinting services (“fingerprint service provider”) have contractually
agreed that:
(a) The fingerprint service
provider will provide electronic fingerprinting services to Oregon subject individuals
and submit the fingerprints electronically to the Oregon Department of State Police
to conduct statewide and nationwide criminal records checks though the Federal Bureau
of Investigation.
(b) All Oregon subject individuals
may only submit fingerprints required by the Board through the fingerprint service
provider. All other out of state subject individuals must submit one completed fingerprint
card, prescribed by the Federal Bureau of Investigation and completed by a law enforcement
agency or a commercial fingerprinting entity.
(3) The background check
shall include, but is not limited to, the following:
(a) Legal name, residence
physical and mailing address, telephone numbers and email address;
(b) Place and date of birth;
(c) Social security number;
(d) Driver’s license
or identification card number and state of issue;
(e) Whether the subject individual
has:
(A) EVER entered a plea of
nolo contendere, plead or been found guilty of or convicted of a felony;
(B) In the past ten years
entered a plea of nolo contendere, plead or been found guilty of, or convicted of,
a misdemeanor;
(C) EVER been reprimanded
or fined or had a license, certificate or registration suspended, revoked, restricted,
denied or surrendered in this or any other state by any agency that has granted
a license, certificate or registration to engage in a regulated occupation, trade
or profession;
(D) An entry of any money
judgments that have not been paid in full;
(E) Filed for voluntary or
involuntary bankruptcy protection during the past ten years; and
(F) Any other information
the Board considers necessary to evaluate the moral character of the subject individual.
Stat. Auth.: ORS 183.355, 674.305(7),
674.310 & 2011 OL Ch. 447
Stats. Implemented: ORS 674.310
& 2011 OL Ch. 447
Hist.: ACLB 5-2011(Temp),
f. 12-22-11, cert. ef. 1-1-12 thru 6-27-12; ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12;
ACLB 5-2014, f. 12-19-14, cert. ef. 1-1-15
161-530-0030
Potentially Disqualifying
Crimes; Process
(1) A “potentially disqualifying
crime” means a crime that:
(a) Reflects moral turpitude,
or an act or conduct which would cause a reasonable person to have substantial doubts
about the individual’s honesty, fairness and respect for the rights of others
and for the laws of the state and the nation; and
(b) Is rationally connected
to the business entity’s fitness to act as a controlling person or own 10
percent or more of an appraisal management company.
(2) The Board shall evaluate
a crime on the basis of Oregon laws and, if applicable, federal laws or the laws
of any other jurisdiction in which a criminal records check indicates a subject
individual may have committed a crime, as those laws are in effect at the time of
the fitness determination.
(3) A subject individual shall
not be denied under these rules on the basis of the existence or contents of a juvenile
record that has been expunged under ORS 419A.260 and 419A.262.
(4) If a subject individual
is denied as not fit, the appraisal management company may not obtain an Oregon
registration unless the subject individual divests all or part of the individual’s
ownership interest in the appraisal management company or the appraisal management
company designates another controlling person, whichever is applicable.
(5) The Board shall inform the
subject individual who has been determined not to be fit on the basis of a criminal
records check, via courier, or registered or certified mail to the most current
address provided by the subject individual of the disqualification. Responsibility
for furnishing the most current address remains with the subject individual.
(6) A final fitness determination
is a final order of the Board unless the affected subject individual requests a
contested case hearing under ORS Chapter 183. A subject individual may contest a
fitness determination made under these rules that she or he is fit or not fit to
act as a controlling person or own 10 percent or more of an appraisal management
company under ORS Chapter 183.
Stat. Auth.: ORS 183.355, ORS
674.305(7), ORS 674.310 & 2011 OL Ch. 447

Stats. Implemented: ORS 674.310
& 2011 OL Ch. 447

Hist.: ACLB 5-2011(Temp), f.
12-22-11, cert. ef. 1-1-12 thru 6-27-12; ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12
161-530-0040
Reporting Litigation
Involving Subject Individuals
(1) A subject individual is
required to notify the Board of any of the following:
(a) Any felony or misdemeanor
conviction, including a no contest plea or bail forfeiture;
(b) Any adverse decision or
judgment resulting from any civil or criminal suit or action or arbitration proceeding,
or any administrative, state or federal proceeding in which the appraisal management
company, or any subject individual thereof, was named as a party and against whom
allegations concerning any business conduct or professional real estate appraisal
activity is asserted; and
(c) Any adverse decision or
judgment resulting from any other criminal or civil proceedings that reflects adversely
on the “good moral character” requirement contained in ORS 674.205(3)
and OAR 161-530-0030(1).
(2) Notification must be in
writing and shall include a brief description of the circumstances involved, the
names of the parties, and a copy of the adverse decision, judgment, or award and,
in the case of a criminal conviction, a copy of the sentencing order. If any judgment,
award, or decision is appealed, each subsequent appellate court decision is subject
to this notification requirement.
(3) Notification must be made
within thirty (30) calendar days after receipt of any written notification of an
adverse judgment, award, or decision described in this rule, whether or not an appeal
is filed.
Stat. Auth.: ORS 183.355, ORS
674.305(7), ORS 674.310 & 2011 OL Ch. 447

Stats. Implemented: ORS 674.310
& 2011 OL Ch. 447

Hist.: ACLB 5-2011(Temp), f.
12-22-11, cert. ef. 1-1-12 thru 6-27-12; ACLB 1-2012, f. 7-2-12, cert. ef. 7-3-12

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