Application And Examination Process

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_161/161_015.html
Published: 2015

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

 

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APPRAISER CERTIFICATION AND LICENSURE BOARD




 


DIVISION 15
APPLICATION AND EXAMINATION PROCESS

161-015-0000
Application Process
Any person desiring to take an appraiser
examination, must submit a completed pre-printed application evidencing completion
of the required qualifying education and experience.
(1) Applicants must list
qualifying education courses by date, course provider, approval number and classroom
hours.
(2) Applicants must submit
documentation of course completion in the form of official college transcripts,
signed letters, or signed certificates of completion. Course outlines or other
items may be requested to verify the prerequisite education.
(3) Applicants must submit
a pre-printed experience log which details hours of appraisal experience claimed
for credit. Such hours must meet the requirements of OAR 161-010-0035, 161-010-0045,
or 161-010-0065 as applicable.
(4) The applicant may be
required to submit an affidavit from an employer to verify experience claimed.
(5) The applicant may also
be required to submit some or all written reports or file memoranda claimed on the
experience log.
Stat. Auth.: ORS 674.305(8) & 674.310
Stats. Implemented: ORS 674
Hist.: ACLB 2-1991(Temp),
f. & cert. ef. 7-1-91; ACLB 3-1991(Temp), f. & cert. ef. 8-29-91; 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 1-1998, f. 6-24-98, cert. ef. 7-1-98; ACLB 1-2002,
f. & cert. ef. 2-26-02; ACLB 3-2003, f. & cert. ef. 5-1-03; ACLB 1-2009,
f. 1-28-09, cert. ef. 1-30-09; ACLB 1-2009(Temp), f. 1-28-09, cert. ef. 1-30-09
thru 7-27-10; ACLB 2-2010, f. & cert. ef. 4-23-10; ACLB 1-2013, f. 1-30-13,
cert. ef. 1-31-13; ACLB 3-2014(Temp), f. & cert. ef. 7-7-14 thru 12-31-14; ACLB
5-2014, f. 12-19-14, cert. ef. 1-1-15
161-015-0010
Form of Application
All appraiser and appraiser assistant
applications must be submitted as prescribed in OAR 161-010-0080 or 161-015-0000.
(1) Where space does not
permit an applicant to present her or his complete record of experience or education
on the application forms, the applicant may duplicate the forms or attach appropriate
addendum. Both physical and mailing addresses are required for home and business.
All questions must be answered. All forms must be signed and dated.
(2) An application shall
be accompanied by a current, recognizable passport style color photograph of the
applicant taken within 30 days preceding receipt of the application.
(3) Withholding information,
misrepresentation, or submission of untrue or false statements as part of the application
are deemed to demonstrate untrustworthiness and are cause for a civil penalty under
ORS 674.850 and either denial of an application or subsequent disciplinary action.
(4) The application must
include the applicant’s Social Security number for identification purposes
as authorized by ORS 25.785 and will remain on file with the Board. Failure to
provide a Social Security Number is grounds to deny an application.
(5) A first time applicant
will be required to provide fingerprints for completion of a criminal background
as provided in OAR chapter 161-030-0000.
(6) An application and the
application fee shall be valid for six (6) months from receipt by the Board. After
six (6) months, the applicant must submit a new application with the appropriate
fee.
(7) An applicant for license
or certificate shall have 6 months from the date of written notification of application
approval to successfully pass the examination or the application shall be denied.
(8) An applicant in the Reserve
components of the US Armed Forces, who is pursuing an appraiser license or certification
prior to December 1, 2011, and who is called to active duty between December 1,
2011 and December 31, 2014, may satisfy the qualifications required under the 2008
Criteria for an additional time period after January 1, 2015. The extension of time
shall be equal to the applicant’s time of active duty, plus 12 months.
Stat. Auth.: ORS 674.305(8) & 674.310
Stats. Implemented: ORS 674
Hist.: ACLB 4-1991(Temp),
f. & cert. ef. 8-29-91; ACLB 1-1992(Temp), f. & cert. ef. 1-23-92; ACLB
2-1992, f. & cert. ef. 4-30-92; ACLB 4-1993(temp), f. & cert. ef. 6-25-93;
ACLB 1-1994, f. & cert. ef. 2-1-94; ACLB 1-1998, f. 6-24-98, cert. ef. 7-1-98;
ACLB 2-2000, f. & cert. ef. 10-23-00; ACLB 1-2002, f. & cert. ef. 2-26-02;
ACLB 1-2007, f. & cert. ef. 2-9-07; ACLB 1-2007, f. & cert. ef. 2-9-07;
ACLB 1-2009, f. 1-28-09, cert. ef. 1-30-09; ACLB 1-2010(Temp), f. 1-29-10, cert.
ef. 2-1-10 thru 7-27-10; ACLB 2-2010, f. & cert. ef. 4-23-10; 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 5-2014, f. 12-19-14, cert. ef. 1-1-15
161-015-0015
Reciprocity
(1) The Board may recognize and accept
the education and experience of applicants who hold a license or certificate obtained
from another state. The out-of-state license or certificate must be active and the
applicant must be in good standing in all states in which they are licensed and/or
certified.
(2) An applicant may apply
for an Oregon reciprocal real property appraiser license or certificate at a level
consistent with their out-of-state license or certificate provided that:
(a) The appraiser licensing
program of the other state is in compliance with the provisions of Title XI of the
Financial Institutions Reform, Recovery and Enforcement Act of 1989 {12U.S.C.3331-3351}
as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010;
and
(b) The other state has credentialing
requirements that meet or exceeds those of Oregon.
(3) Each out-of-state credential
holder applying for an Oregon reciprocal real estate appraiser license or certificate
shall:
(a) Be at least 18 years
of age;
(b) Be identified on the
National Registry of the Appraisal Subcommittee as an active licensed or certified
real property appraiser that currently conforms to the AQB criteria;
(c) Submit an application
for a license or certificate on a form prescribed by the Board as set forth in OAR
161-015-0030; and
(d) Shall comply with all
statutes and rules governing licensed or certified appraisers in Oregon. Each reciprocal
licensee shall immediately notify the Board of any disciplinary action taken in
any other state in which the licensee holds a license or certificate.
(4) Be subjected to a background
check pursuant to OAR 161-030-0000.
Stat. Auth.: ORS 674.035(7) & 674.310
Stats. Implemented: ORS 674
Hist.: ACLB 5-2014, f. 12-19-14,
cert. ef. 1-1-15
161-015-0030
Submission of License or Certificate
Application
(1) Each application must be accompanied
by a non-refundable application fee.
(2) An application that is
not properly completed, does not contain all the required information, or is not
accompanied by the required fee will be deferred. An application will also be considered
incomplete if the check for payment of the required fees is dishonored;
(3) The application will
be reviewed to determine whether the applicant has sufficient education and experience
and is otherwise qualified to sit for the examination;
(4) An applicant who is not
a resident of the State of Oregon must submit with the application, an irrevocable
consent to service form appointing the Administrator of the Board as agent for service
of process as provided in these rules, if, in an action against the applicant in
a court of this state arising out of the applicant’s activities as a licensed
or certified appraiser, the plaintiff cannot, in the exercise of due diligence,
effect personal service upon the applicant.
(5) An applicant must be
a citizen of the United States or have the legal authority to work in the United
States.
(6) An out-of-state credential
holder applying for an Oregon reciprocal real estate appraiser license or certificate
must have successfully passed an AQB approved examination at a level consistent
with the appraiser category applied for in the State of Oregon.
(7) The Board will obtain
a National Registry Appraiser License History Report for possible disciplinary action.
Alternatively, the Board may request the applicant to request a license history
from the applicant’s resident state indicating applicant is currently in good
standing. This verification must be submitted directly to the Board office by the
applicant’s resident state licensing authority. The license history must be
received by the board within thirty (30) days. Applicants must be in good standing
in all states in which they are licensed or certified or the application will be
denied.
(8) Upon issuance of a license
or certificate, consistent with the scope of practice as provided in OAR 161-025-0000
and 161-025-0005, the appraiser is authorized to conduct real estate appraisal activity
between the date of the issuance of the license or certificate, and the expiration
date of the license or certificate, unless sooner revoked or suspended. No more
than one license or certificate shall be issued and outstanding to, or in favor
of, any appraiser at one time.
(9) An applicant may submit
a written request to withdraw their application at any time prior to an official
action being taken by the board. An official action may include, but is not limited
to, a notice of proposed denial of application.
Stat. Auth.: ORS 674.305(8) & 674.310
Stats. Implemented: ORS 674
Hist.: ACLB 4-1991(Temp),
f. & cert. ef. 8-29-91; 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
1-1998, f. 6-24-98, cert. ef. 7-1-98; ACLB 2-1999, f. & cert. ef. 4-20-99; ACLB
1-2000, f. & cert. ef. 2-29-00; ACLB 1-2002, f. & cert. ef. 2-26-02; ACLB
6-2003, f. & cert. ef. 11-24-03; ACLB 4-2005, f. & cert. ef. 11-2-05; ACLB
1-2007, f. & cert. ef. 2-9-07; ACLB 4-2007, f. 11-1-07, cert. ef. 1-1-08; ACLB
3-2008, f. & cert. ef. 8-13-08; ACLB 1-2010(Temp), f. 1-29-10, cert. ef. 2-1-10
thru 7-27-10; ACLB 2-2010, f. & cert. ef. 4-23-10; 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
3-2013(Temp), f. 6-28-13, 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

Examination Process

161-015-0050
Qualifications to Take Examination
To qualify to take any examination, an applicant must meet the education and experience requirements set forth in these rules.
Stat. Auth.: ORS 674.305(8) & ORS 674.310

Stats. Implemented: ORS 674.310

Hist.: ACLB 4-1991(Temp), f. & cert. ef. 8-29-91; 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
161-015-0060
Examinations
(1) The Board may administer its own appraiser examinations or it may contract with an examination service to provide and conduct the examinations. The examinations shall be endorsed by the Appraiser Qualifications Board of the Appraisal Foundation.
(2) Examination and re-examination fees, set by the testing agent, shall be paid by the applicant directly to the testing agent.
(3) The applicant may be required to pay a separate fee directly to the proctor.
Stat. Auth.: ORS 674.305(8) & ORS 674.310

Stats. Implemented: ORS 674.310

Hist.: ACLB 4-1991(Temp), f. & cert. ef. 8-29-91; 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; ALCB 2-2002, f. & cert. ef. 5-30-02
161-015-0080
Rescheduling and Excused Absences
An applicant must reschedule examinations and request excused absences directly with the testing agent.
Stat. Auth.: ORS 674.305(8) & ORS 674.310

Stats. Implemented: ORS 674.310

Hist.: ACLB 4-1991(Temp), f. & cert. ef. 8-29-91; 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
161-015-0090
Re-examination
An applicant may take the exam up to three times within six months of the date of approval. Any applicant who has taken and failed three examinations shall be required to furnish the ACLB Administrator with evidence of additional study as determined by the Administrator before submitting a new application and being approved for subsequent examinations.
Stat. Auth.: ORS 674.305(8) & 674.310

Stats. Implemented: ORS 674

Hist.: ACLB 4-1991(Temp), f. & cert. ef. 8-29-91; 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 1-1998, f. 6-24-98, cert. ef. 7-1-98; ACLB 1-2002, f. & cert. ef. 2-26-02; ACLB 2-2006, f. & cert. ef. 7-26-06

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