Chapter 332 Oregon Laws 2001
AN ACT
SB 828
Relating to Appraiser
Certification and Licensure Board; amending ORS 674.140 and 674.150.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 674.140 is amended to read:
674.140. The Appraiser Certification and Licensure Board
may suspend or revoke the certificate or license of any state certified or
state licensed appraiser [or], reprimand any state certified or
state licensed appraiser, require
additional education of any state certified or state licensed appraiser or
[may] deny the issuance or renewal of
a certificate or license to an applicant who has done any of the following:
(1) Knowingly or negligently pursued a continued course of
material misrepresentation in matters related to real estate appraisal
activity, whether or not damage or injury resulted, or knowingly or negligently
made any material misrepresentation or false promise in a matter related to
real estate appraisal activity, if the material misrepresentation or material
false promise created a reasonable probability of damage or injury, whether or
not damage or injury actually resulted.
(2) Disregarded or violated any provisions of ORS 674.130,
674.150, 674.310 and 674.330, any rule adopted thereunder or the federal Act.
(3) Knowingly or negligently made, printed, distributed or
in any manner published materially misleading or untruthful advertising,
descriptions or promises, of such character as reasonably to induce any person
to act to the damage or injury of the person, whether or not actual damage or
injury resulted.
(4) Guaranteed, authorized or permitted any person to
guarantee future profits that may result in the resale of real property.
(5) Failed for any reason to pay to the board the annual
registry fee provided for under ORS 674.330 (1) or the fees provided for under
ORS 674.330 (2).
(6) Failed or refused upon demand by the board to produce
or to supply for inspection by the board true copies of any document, book or
record in the individual’s possession or control or concerning any real estate
appraisal activity transacted by the individual.
(7) Failed to maintain at all times any records which the
individual is required to maintain under ORS 674.150.
(8) Accepted employment or compensation for performing or agreeing
to perform a real estate appraisal activity contingent upon the reporting of a
predetermined value or performed real estate appraisal activity on real estate
in which the individual had an undisclosed interest.
(9) Entered a plea of nolo contendere or been found guilty
of, or been convicted of, a felony or misdemeanor substantially related to the
individual’s trustworthiness or competence to engage in real estate appraisal
activity.
(10) Knowingly authorized, directed or aided in the
publication, advertisement, distribution or circulation of any material false
statement or misrepresentation concerning the individual’s business.
(11) Demonstrated negligence or incompetence in performing
any act for which the individual is required to hold a certificate or license.
(12) Knowingly permitted any individual whose certificate
or license has been suspended or revoked to engage in real estate appraisal
activity with or on behalf of a state certified appraiser or state licensed
appraiser.
(13) Committed any act or conduct, whether of the same or
of a different character specified in this section, that constitutes or
demonstrates bad faith, incompetency or untrustworthiness, or dishonest,
fraudulent or improper dealings.
SECTION 2.
ORS 674.150 is amended to read:
674.150. Every state certified appraiser and every state
licensed appraiser shall maintain records of all real estate appraisal activity
conducted by the appraiser. [Such] The records shall at all times be open
for inspection by the Appraiser Certification and Licensure Board or its duly
authorized representatives. [Such] The records shall be maintained by the
appraiser for a period of not less than [six]
five years after the date of
completion of the appraisal to which the record pertains or for a period of not less than two years after final disposition of a
judicial proceeding in which testimony relating to the records was given,
whichever period expires later.
Approved by the Governor
June 5, 2001
Filed in the office of
Secretary of State June 5, 2001
Effective date January 1,
2002
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