74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 659
 
LC 2809/SB 659-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 659
 
                    By COMMITTEE ON JUDICIARY
 
                              May 9
 
  On page 1 of the printed bill, delete lines 4 through 28 and
delete pages 2 through 4 and insert:
  '  { +  SECTION 1. + }  { + (1) As used in this section, 'real
estate licensee' has the meaning given that term in ORS 696.010.
  ' (2) A claim, counterclaim or cross-claim in a binding
arbitration proceeding asserting a claim of professional
negligence against a real estate licensee for conduct occurring
within the course and scope of the activities for which the
person is licensed may not be made unless the claimant or the
claimant's attorney certifies that the claimant or attorney has
consulted a real estate licensee who is qualified, available and
willing to testify to admissible facts and opinions sufficient to
create a question of fact as to the liability of the real estate
licensee.  The certification required by this section must be
provided at the time an arbitration proceeding is initiated as
described in ORS 36.635 or at the time the claim is presented in
the arbitration proceeding by counterclaim or cross-claim. The
certification must contain a statement that a real estate
licensee who is qualified to testify as to the standard of care
applicable to the alleged facts is available and willing to
testify in the proceeding that:
  ' (a) The alleged conduct of the real estate licensee failed to
meet the standard of professional care applicable to the real
estate licensee in the circumstances alleged; and
  ' (b) The alleged conduct was a cause of the claimed damages,
losses or other harm.
  ' (3) In lieu of providing the certification described in
subsection (2) of this section, the claimant or the claimant's
attorney may provide an affidavit at the time the arbitration
proceeding is initiated as described in ORS 36.635, or at the
time the claim is presented in the arbitration proceeding by
counterclaim or cross-claim, that states:
  ' (a) The time allowed to make the claim is about to expire;
  ' (b) The certification required under subsection (2) of this
section will be provided within 30 days after the proceeding is
initiated or after the claim is presented in the proceeding, or
such longer time as the arbitrator may allow for good cause
shown; and
  ' (c) The claimant or attorney has made such inquiry as is
reasonable under the circumstances and has made a good faith
attempt to consult with at least one real estate licensee who is
qualified to testify as to the standard of care applicable to the
alleged facts, as required by subsection (2) of this section.
  ' (4) Upon motion of the real estate licensee, an arbitrator
may dismiss a claim, counterclaim or cross-claim if a claimant or
claimant's attorney fails to comply with the requirements of this
section within such time as the arbitrator may determine.
  ' (5) This section applies only to a claim in a binding
arbitration proceeding by a claimant who:
 
  ' (a) Has contracted with or otherwise employed the real estate
licensee; or
  ' (b) Is a person for whose benefit the real estate licensee
performed services. + } ' .
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