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Organization, Administration And Procedures


Published: 2015

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

 

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APPRAISER CERTIFICATION AND LICENSURE BOARD




 



DIVISION 6
ORGANIZATION, ADMINISTRATION AND PROCEDURES

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 functions to license, supervise
and regulate appraisers in Oregon, and to develop and establish appraisal education
and experience standards.
(2) The Appraiser Certification
and Licensure Board is a regulatory agency and Board members shall avoid conflicts
of interest in implementing appraiser certification and supervision functions. The
Board is to provide adequate safeguards to ensure that the appraisal regulatory
function is insulated from the influence of any industry or organization whose members
have a direct or indirect financial interest in the outcome of the Board’s
decisions. The regulatory functions of the Board are independent of other realty
related regulatory agencies.
(3) In accordance with subsection
(1)(c) of Section 49 of Chapter 5, Oregon Laws 1991, the Appraiser Certification
and Licensure Board implemented Chapter 5, Oregon Laws 1991 and Title XI of the
Federal Act on December 31, 1991.
Stat. Auth.: ORS 674.010, 674.305(8)
& 674.310

Stats. Implemented: ORS 674.305

Hist.: ACLB 8-1991(Temp), f.
& cert. ef. 12-31-91; ACLB 2-1992, f. & cert. ef. 4-30-92; ACLB 1-1994,
f. & cert. ef. 2-1-94; ACLB 3-2011, f. & cert. ef. 11-17-11
161-006-0025
Budget
The Board hereby adopts by reference
the Board’s 2015-2017 Biennium Budget of $1,763,229 covering the period from
July 1, 2015 through June 30, 2017. The Board will amend budgeted accounts as necessary
within the approved budget of $1,763,229 for the effective operation of the Board.
The Board will not exceed the approved 2015-2017 Biennium Budget without amending
this rule, notifying holders of licenses, and holding a public hearing thereon as
required by ORS Chapter 182.462(1)(2). Copies of the budget are available from the
Board's office, or the Board website.
Stat. Auth.: ORS 674.305(8) & 674.310
Stats. Implemented: ORS 674
Hist.: ACLB 4-2001(Temp),
f. & cert. ef. 9-12-01 thru 3-1-02; ACLB 1-2002, f. & cert. ef. 2-26-02;
ACLB 1-2003(Temp), f. & cert. ef. 1-14-03 thru 7-11-03; ACLB 3-2003, f. &
cert. ef. 5-1-03; ACLB 4-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03;
ACLB 5-2003, f. & cert. ef. 11-10-03; ACLB 2-2005(Temp), f. 6-16-05, cert. ef.
7-1-05 thru 12-28-05; ACLB 4-2005, f. & cert. ef. 11-2-05; ACLB 2-2007(Temp),
f. 6-6-07, cert. ef. 7-1-07 thru 11-30-07; BOC 1-2007, f. 10-31-07, cert. ef. 11-1-07;
ACLB 3-2009(Temp), f. 5-15-09, cert. ef. 7-1-09 thru 11-30-09; ACLB 4-2009, f. &
cert. ef. 10-27-09; ACLB 1-2011(Temp), f. 5-2-11, cert. ef. 7-1-11 thru 11-30-11;
ACLB 3-2011, f. & cert. ef. 11-17-11; 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; ACLB 2-2013(Temp),
f. 6-12-13, cert. ef. 7-1-13 thru 12-26-13; ACLB 4-2013, f. 10-29-13, cert. ef.
11-15-13; ACLB 5-2014, f. 12-19-14, cert. ef. 1-1-15; ACLB 1-2015(Temp), f. 6-4-15,
cert. ef. 7-20-15 thru 8-17-15; ACLB 2-2015, f. & cert. ef. 7-24-15
161-006-0030
Officers of the Board
By July 1 of each year, the board shall select one of its members as Board Chair and another as Board Vice Chair.
Stat. Auth.: ORS 674.305(8) & ORS 674.310

Stats. Implemented: ORS 674.305

Hist.: ACLB 8-1991(Temp), f. & cert. ef. 12-31-91; ACLB 2-1992, f. & cert. ef. 4-30-92; ACLB 1-2002, f. & cert. ef. 2-26-02
161-006-0050
Agency Personnel
The Board shall appoint an Administrator subject to the approval of the Board who shall be in the unclassified service and shall fix the compensation of the administrator.
Stat. Auth.: ORS 674.305

Stats. Implemented: ORS 674.305

Hist.: ACLB 8-1991(Temp), f. & cert. ef. 12-31-91; ACLB 2-1992, f. & cert. ef. 4-30-92; ACLB 1-1994, f. & cert. ef. 2-1-94; ACLB 1-2002, f. & cert. ef. 2-26-02
161-006-0060
Administrator
(1) The Administrator shall not be actively engaged in the appraisal business or in any other realty related business for the individual's term of appointment or employment.
(2) The Administrator shall be responsible for the administration of Board policy and applicable state and federal laws and regulations.
(3) The Administrator is designated as agent for the Board for service of legal process upon the Board.
Stat. Auth.: ORS 674.305 & ORS 674.310

Stats. Implemented: ORS 674.305

Hist.: ACLB 8-1991(Temp), f. & cert. ef. 12-31-91; ACLB 2-1992, f. & cert. ef. 4-30-92; ACLB 1-1994, f. & cert. ef. 2-1-94; ACLB 1-2002, f. & cert. ef. 2-26-02
161-006-0070
Rules of Order
All meetings of the Board shall be governed by Roberts Rules of Order, except as otherwise provided by law or these rules.
[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 674.305 & ORS 674.310

Stats. Implemented: ORS 674.305

Hist.: ACLB 8-1991(Temp), f. & cert. ef. 12-31-91; ACLB 2-1992, f. & cert. ef. 4-30-92; ACLB 1-1994, f. & cert. ef. 2-1-94; ACLB 1-2002, f. & cert. ef. 2-26-02
161-006-0080
Agenda
The order of business for a meeting shall be as directed by the Board Chair.
Stat. Auth.: ORS 674.305(8) & ORS 674.310

Stats. Implemented: ORS 674.305

Hist.: ACLB 8-1991(Temp), f. & cert. ef. 12-31-91; ACLB 2-1992, f. & cert. ef. 4-30-92; ACLB 1-1994, f. & cert. ef. 2-1-94
161-006-0110
Voting
(1) All members of the Board are entitled to vote and to make or second motions.
(2) The Board Chair shall participate in all discussion and vote as a member of the Board.
Stat. Auth.: ORS 674.305(8) & ORS 674.310

Stats. Implemented: ORS 674.305

Hist.: ACLB 8-1991(Temp), f. & cert. ef. 12-31-91; ACLB 2-1992, f. & cert. ef. 4-30-92; ACLB 1-1994, f. & cert. ef. 2-1-94; ACLB 1-2002, f. & cert. ef. 2-26-02
161-006-0120
Use of Forms
All applications and requests for which the Board has prescribed a form must be made on the prescribed form. Forms and instructions are available from the Board office or the Board website
Stat. Auth.: ORS 674.305(8) & ORS 674.310

Stats. Implemented: ORS 674.310

Hist.: ACLB 8-1991(Temp), f. & cert. ef. 12-31-91; ACLB 2-1992, f. & cert. ef. 4-30-92; ACLB 1-1994, f. & cert. ef. 2-1-94; ACLB 1-2002, f. & cert. ef. 2-26-02
161-006-0140
Registry
The Board shall, no less than monthly, compile and publish on the Board website a registry of the names and addresses of all persons both licensed and certified to perform federally related real estate appraisals. Copies of the directory shall be furnished monthly to the FFIEC Appraisal Subcommittee (ASC). The annual registry shall be available for purchase at a fee set by rule of the Board.
Stat. Auth.: ORS 674.305(8) & 674.310

Stats. Implemented: ORS 674.310

Hist.: ACLB 8-1991(Temp), f. & cert. ef. 12-31-91; ACLB 2-1992, f. & cert. ef. 4-30-92; ACLB 1-1994, f. & cert. ef. 2-1-94; ACLB 1-2002, f. & cert. ef. 2-26-02; ACLB 3-2008, f. & cert. ef. 8-13-08
161-006-0155
Allegation
Reports
(1) All allegation reports must be in
writing.
(2) Any person may file an
allegation report.
(3) A member of the Board
or the Administrator may initiate an allegation report.
(a) Before a member of the
Board or the Administrator initiates an allegation report and investigation, the
Enforcement Oversight Committee must review the allegation report and determine
if an objective basis exists to believe that possible violations of ORS Chapter
674 and/or OAR chapter 161has occurred.
(4) The Board will accept
anonymous allegation reports.
(5) The allegation report
will be reviewed by the Administrator or the Administrator’s designee to determine
whether further action is required, or whether the matter may be dismissed as either
frivolous or not within the Board’s jurisdiction. If further action is required,
the Administrator will initiate the investigation process.
Stat. Auth.: ORS 674.305(8) & 674.310
Stats. Implemented: ORS 674.310
Hist.: ACLB 1-2013, f.
1-30-13, cert. ef. 1-31-13; ACLB 6-2013(Temp), f. 12-19-13, cert. ef. 1-1-14 thru
6-2-14; ACLB 1-2014, f. & cert. ef. 4-22-14; ACLB 2-2014, f. & cert. ef.
5-20-14; ACLB 5-2014, f. 12-19-14, cert. ef. 1-1-15
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 the last known address of the person against whom the
allegation is filed. Unless otherwise specified in the notice of investigation,
the Respondent must produce:
(a) True copies of records,
including the workfile, within 30 days. No extension of the time will be granted;
and
(b) Within 30 days, a written
response to the allegations set forth in the allegation report.
(A) A respondent may request
an extension to file a response to a notice of investigation. An extension of up
to 30 days only will be approved, provided the extension request is submitted in
writing to the Administrator within the 30 day time period. Good cause must exist
that shows circumstances beyond the reasonable control of the respondent preventing
a response within 30 days.
(B) The Administrator may
grant one additional extension of no more than 30 days only upon showing of good
cause.
(2) The investigation may
include all inquiries deemed appropriate to ensure that each case is processed in
accordance with ORS Chapter 183.
(3) The Board may initiate
an audit or other type of inquiry or investigation to verify an individual’s
compliance with ORS Chapter 674 and OAR chapter 161.
(4) Every licensed or certified
appraiser or registered appraiser assistant must cooperate with the Board and must
respond fully and truthfully to Board inquiries and comply with any requests from
the Board, subject only to the exercise of any applicable right or privilege. Failure
to cooperate with the Board is unethical and is grounds for discipline including
revocation or suspension of a license, certificate or registration, imposition of
a civil penalty, or denial of a license, certificate, or registration, or any combination
thereof.
(5) At the completion of
the investigation process, the Enforcement Oversight Committee shall review the
allegation report and all documents related to the investigation. If the Enforcement
Oversight Committee determines that an objective basis exists to believe that violations
of ORS Chapter 674 and/or OAR chapter 161 occurred, the Enforcement Oversight Committee
will submit a report to the Board, and may authorize the Administrator to proceed
with settlement discussions with the licensee.
(6) The EOC shall submit
a report to the Board setting forth specific violations along with the facts supporting
the Committee’s recommendation.
Stat. Auth.: ORS 674.170, 674.305 &
674.310
Stats. Implemented: ORS 674
Hist.: ACLB 8-1991(Temp),
f. & cert. ef. 12-31-91; ACLB 2-1992, f. & cert. ef. 4-30-92; ACLB 1-1993(Temp),
f. & cert. ef. 3-3-93; ACLB 1-1994, f. & cert. ef. 2-1-94; ACLB 1-1998,
f. 6-24-98, cert. ef. 7-1-98; ACLB 1-2002, f. & cert. ef. 2-26-02; ACLB 6-2003,
f. & cert. ef. 11-24-03; ACLB 3-2005, f. & cert. ef 7-22-05; ACLB 3-2011,
f. & cert. ef. 11-17-11; ACLB 1-2013, f. 1-30-13, cert. ef. 1-31-13; ACLB 6-2013(Temp),
f. 12-19-13, cert. ef. 1-1-14 thru 6-2-14; ACLB 1-2014, f. & cert. ef. 4-22-14;
ACLB 2-2014, f. & cert. ef. 5-20-14; ACLB 5-2014, f. 12-19-14, cert. ef. 1-1-15
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 final order of the Board, or any final judgment or decree made by any court upon application of the Board, may be deemed a separate offense for which a separate penalty may be imposed.
Stat. Auth.: ORS 674.305 & ORS 674.310

Stats. Implemented: ORS 674

Hist.: ACLB 1-1993(Temp), f. & cert. ef. 3-3-93; ACLB 1-1994, f. & cert. ef. 2-1-94; ACLB 1-1998, f. 6-24-98, cert. ef. 7-1-98; ACLB 1-2002, f. & cert. ef. 2-26-02
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) Sanction Guidelines Grid:
[Grid not included. See ED. NOTE.]
(2) A notice of proposed disciplinary
action shall propose the presumptive sanction(s) provided by the guidelines in OAR
161-006-0175(1) unless there are substantial and compelling reason(s) to propose
a departure. If the Notice departs from the presumptive sanctions, the Notice shall
state the substantial and compelling reason(s) for the departure.
(3) The Administrator or the
Administrator’s designee shall have the authority to negotiate and approve
a stipulated settlement at any time prior to issuance of a Final Order by the Board.
If the parties stipulate to depart from the guidelines, the Administrator or the
Administrator’s designee shall consider the purpose and principles of the
guidelines and may agree to sanctions that are proportionate to the seriousness
of the violations.
(4) Departure from the guidelines
shall also be allowed in issuance of a Proposed Order by an Administrative Law Judge
and/or a Final Order by the Board upon a showing of substantial and compelling reason(s)
for said departure. Substantial and compelling reason(s) shall be stated in the
Proposed Order and/or Final Order.
(5) In the event of second or
subsequent violations of ORS 674.140(2) and/or 674.140(7), the Administrator shall
not consider a prior Final Order that was issued more than five (5) years preceding
the date of the second or subsequent notice of proposed sanctions.
[ED NOTE: Grid referenced is
available from the agency.]
Stat. Auth.: ORS 674.140 &
674.310

Stats. Implemented: ORS 674

Hist.: ACLB 1-1998, f. 6-24-98,
cert. ef. 7-1-98; ACLB 1-2002, f. & cert. ef. 2-26-02; ALCB 2-2002, f. &
cert. ef. 5-30-02; ACLB 3-2003, f. & cert. ef. 5-1-03; ACLB 1-2008, f. &
cert. ef. 5-13-08; ACLB 3-2008, f. & cert. ef. 8-13-08; ACLB 3-2011, f. &
cert. ef. 11-17-11
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 Administrator, within thirty (30) days of the date of mailing of the Notice of Proposed Action or within sixty (60) days of the date of mailing of a Notice of Proposed Action for a denied application for license or certificate.
(a) A hearing request and answer shall be made in writing to the Administrator, by the party or the party's representative.
(b) An answer shall include the following:
(A) An admission or denial of each factual matter in the notice;
(B) A short and plain statement of each relevant affirmative defense the party may have.
(c) Except for good cause:
(A) Matters alleged in the notice and not denied in the answer shall be presumed admitted;
(B) Failure to raise a particular defense in the answer will be considered a waiver of such defense;
(C) New matter alleged in the answer (affirmative defenses) shall be presumed to be denied; and
(D) Evidence shall not be taken on any issue not raised in the Notice and answer.
(2) If a request for a hearing is not made within the thirty (30) day or sixty (60) day period specified in subsection (1) of this rule, the party's right to a hearing is waived, and a default order will be issued against the party. A default order will also be entered if the party withdraws a hearing request or fails to appear at a scheduled hearing.
(3) Answers:
(a) Requests for an extension in which to file an answer to the notice shall be made in writing and directed to the Administrator within thirty (30) days of the date of service of a notice of proposed action or within sixty (60) days of the date of service of a proposed notice of denied application. Extensions for requesting a hearing are not allowed.
(b) Amendments to answers must be submitted in writing and filed with the Administrator no less than twenty-one (21) days prior to the contested case hearing.
Stat. Auth.: ORS 674.305 & ORS 674.310

Stats. Implemented: ORS 674

Hist.: ACLB 1-1995, f. & cert. ef. 2-13-96; ACLB 1-1998, f. 6-24-98, cert. ef. 7-1-98; ACLB 1-2002, f. & cert. ef. 2-26-02





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