72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3546
A-Engrossed
Senate Bill 893
Ordered by the Senate May 7
Including Senate Amendments dated May 7
Sponsored by COMMITTEE ON RULES
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 occupational licensing agency to deny { - , suspend or
revoke - } occupational or professional license { + or impose
discipline on licensee + } based on conduct that occurs outside
scope of licensed activity but that is substantially related to
fitness and ability of licensee to engage in licensed activity.
A BILL FOR AN ACT
Relating to occupational licensing; creating new provisions; and
amending ORS 670.280 and 674.140.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 670.280 is amended to read:
670.280. { + (1) As used in this section:
(a) 'License' includes a registration, certification or permit.
(b) 'Licensee' includes a registrant or a holder of a
certification or permit.
(2) + } Except as provided in ORS 342.143 or 342.175,
{ - no - } { + a + } licensing board { + , commission + } or
agency { - shall - } { + may not + } deny, suspend or revoke
an occupational or professional license { - or
certification - } solely for the reason that the applicant or
licensee has been convicted of a crime, but it may consider the
relationship of the facts which support the conviction and all
intervening circumstances to the specific occupational or
professional standards in determining the fitness of the person
to receive or hold { - such - } { + the + } license { - or
certificate - } .
{ + (3) A licensing board, commission or agency may deny an
occupational or professional license or impose discipline on a
licensee based on conduct that is not undertaken directly in the
course of the licensed activity, but that is substantially
related to the fitness and ability of the applicant or licensee
to engage in the activity for which the license is required. + }
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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