71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3375
 
                           A-Engrossed
 
                         Senate Bill 828
                 Ordered by the Senate March 20
           Including Senate Amendments dated March 20
 
Sponsored by COMMITTEE ON BUSINESS, LABOR, AND ECONOMIC
  DEVELOPMENT (at the request of Fred VanNatta)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Allows Appraiser Certification and Licensure Board to require
additional education for   { - any - }  state certified or state
licensed appraiser who violates disciplinary rules. { +  Changes
period for retention by appraiser of records of real estate
appraisal activity. + }
 
                        A BILL FOR AN ACT
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 + }.
                         ----------