72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 893
 
LC 3546/SB 893-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 893
 
               By COMMITTEE ON BUSINESS AND LABOR
 
                              May 7
 
  In line 2 of the printed bill, after '670.280' insert 'and
674.140'.
  In line 14, delete ', suspend or revoke'.
  In line 15, after 'license' delete the rest of the line and
insert 'or impose discipline on a licensee'.
  Delete lines 19 and 20 and insert:
  '  { +  SECTION 2. + } 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, reprimand any state
certified or state licensed appraiser, require additional
education of any state certified or state licensed appraiser or
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  { + and whether
or not in the course of real estate appraisal activity + },
that { + :
  ' (a) + } Constitutes or demonstrates bad faith, incompetency
or untrustworthiness, or dishonest, fraudulent or improper
dealings { + ; and
  ' (b) Is substantially related to the fitness of the applicant
or holder of a certificate or license to conduct real estate
appraisal activity + }.
  '  { +  SECTION 3. + }  { + The amendments to ORS 670.280 and
674.140 by sections 1 and 2 of this 2003 Act apply to conduct
that occurs on or after the effective date of this 2003 Act. + }
' .
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