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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 674 Real Estate Appraisers and Appraisal
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For purposes of this chapter:
(1) “Appraisal Foundation” means the Appraisal Foundation
established on November 30, 1987, as a not-for-profit corporation under
the laws of Illinois.
(2) “Appraisal Subcommittee” means the Appraisal Subcommittee of
the Federal Financial Institutions Examination Council established
pursuant to the federal Act.
(3) “Board” means the Appraiser Certification and Licensure Board
established under ORS 674.305.
(4) “Federal Act” means Title XI of the Federal Financial
Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C. 3310
et seq.).
(5) “Federal financial institution regulatory agency” means:
(a) The Board of Governors of the Federal Reserve System;
(b) The Federal Deposit Insurance Corporation;
(c) The Office of the Comptroller of the Currency;
(d) The Office of Thrift Supervision; or
(e) The National Credit Union Administration.
(6) “Federally related transaction” means any real estate-related
financial transaction that:
(a) A federal financial institution regulatory agency or the
Resolution Trust Corporation engages in, contracts for or regulates; and
(b) Requires the services of an appraiser.
(7) “Financial institution” means an insured depository institution
as defined in section 3 of the Federal Deposit Insurance Act or an
insured credit union as defined in section 101 of the Federal Credit
Union Act.
(8) “Mortgage banker” has the meaning given that term in ORS 59.840.
(9) “Professional real estate activity” has the meaning given that
term in ORS 696.010.
(10) “Real estate appraisal activity” means the activity described
in ORS 674.100.
(11) “Real estate-related financial transaction” means any
transaction involving:
(a) The sale, lease, purchase, investment in or exchange of real
property, including interests in real property, or the financing thereof;
(b) The refinancing of real property or interests in real property;
and
(c) The use of real property or interests in real property as
security for a loan or investment, including mortgage-backed securities.
(12) “State certified appraiser” means an individual who has been
certified as a state certified appraiser under ORS 674.310.
(13) “State licensed appraiser” means an individual who has been
licensed as a state licensed appraiser under ORS 674.310.
(14) “State registered appraiser assistant” means an individual who
has been registered as a state registered appraiser assistant under ORS
674.310. [1991 c.5 §2; 1993 c.465 §2; 1993 c.508 §41; 1993 c.744 §217;
2005 c.254 §1] The purposes of this chapter are to:
(1) Require that all real estate appraisals be performed in
accordance with uniform standards by individuals whose competency has
been demonstrated and whose professional conduct will be subject to
effective supervision.
(2) Conform the law of this state to the requirements of federal
law.
(3) Ensure the availability of state certified appraisers, state
licensed appraisers and state registered appraiser assistants for the
performance of real estate appraisal activity, including the performance
of appraisals in federally related transactions, and to ensure effective
supervision of the activities of state certified appraisers, state
licensed appraisers and state registered appraiser assistants. [1991 c.5
§1; 1997 c.417 §1; 2005 c.254 §2]CERTIFICATION, LICENSURE AND REGISTRATION(1)(a) A
person may not engage in, carry on, advertise or purport to engage in or
carry on real estate appraisal activity within this state without first
obtaining certification, licensure or registration as provided for in ORS
674.310.
(b) Real estate appraisal activity is the preparation, completion
and issuance of an opinion as to the value on a given date or at a given
time of real property or an interest in real property, whether the
activity is performed in connection with a federally related transaction
or is not performed in connection with a federally related transaction.
Notwithstanding any other provision of law, a state certified appraiser
or a state licensed appraiser:
(A) Is not required to be licensed under ORS 696.022 to perform
real estate appraisal activity or any other activity that constitutes the
giving of an opinion as to the value of real property or an interest in
real property; and
(B) Is not subject to regulation under ORS 696.010 to 696.495 and
696.600 to 696.995 in connection with the performance of real estate
appraisal activity or the performance of any other activity that
constitutes the giving of an opinion as to the value of real estate or an
interest in real estate.
(2) Real estate appraisal activity excludes activity that is not
performed in connection with a federally related transaction and that:
(a) Is performed by a nonlicensed regular full-time employee of a
single owner of real estate, if the activity involves the real estate of
the employer and is incidental to the employee’s normal, nonreal estate
activities;
(b) Is performed by a nonlicensed regular full-time employee whose
activity involves the real estate of the employer, when the activity is
the employee’s principal activity, but the employer’s principal activity
or business is not the appraisal of real estate;
(c) Is performed by an attorney at law rendering services in the
performance of duties as an attorney at law;
(d) Is performed by a registered geologist, registered professional
engineer or architect rendering services as a registered geologist,
registered professional engineer or architect;
(e) Is performed by a certified public accountant rendering
services as a certified public accountant;
(f) Is performed by a mortgage banker rendering services as a
mortgage banker;
(g) Constitutes a letter opinion or a competitive market analysis
as those terms are defined in ORS 696.010 that, by administrative or
judicial order or subpoena, is compelled from a person licensed to engage
in real estate activity under ORS 696.022;
(h) Is performed by a salaried employee of the federal government,
the State of Oregon or a political subdivision of the federal government
or the State of Oregon while engaged in the performance of the duties of
the employee;
(i) Is limited to analyzing or advising of permissible land use
alternatives, environmental impact, building and use permit procedures or
demographic market studies, if the performance of the activities does not
involve the rendering of an opinion as to the value of the real estate in
question;
(j) Is performed by a professional forester appraising or valuing
timber, timberland or both as part of services performed as a private
consultant in forest management, but only if, in the case of timberland,
the appraisal or valuation is limited to the use of the land as
forestland;
(k) Is limited to giving an opinion in an administrative or
judicial proceeding regarding the value of real estate for taxation;
(L) Is limited to giving an opinion regarding the value of real
estate by a person who is not licensed under ORS chapter 696, if the
person’s business is not the appraisal, selling or listing of real estate
and the activity is performed without compensation. This paragraph does
not apply to a person conducting transactional negotiations on behalf of
another person for transfer of an interest in real property;
(m) Is limited to transferring or acquiring an interest in real
estate by a person who is not licensed under ORS chapter 696; or
(n) Is performed by a home inspector acting within the scope of a
certificate or license issued under ORS chapter 701.
(3)(a) Real estate appraisal activity does not include an analysis,
evaluation, opinion, conclusion, notation or compilation of data prepared
by a financial institution or affiliate, a consumer finance company
licensed under ORS chapter 725 or an insurance company or affiliate, made
for internal use only by the financial institution or affiliate, consumer
finance company or the insurance company or affiliate, concerning an
interest in real estate for ownership or collateral purposes by the
financial institution or affiliate, the consumer finance company licensed
under ORS chapter 725 or the insurance company or affiliate. Nothing in
this subsection shall be construed to excuse a financial institution or
affiliate from complying with the provisions of Title XI of the federal
Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12
U.S.C. 3310 et seq.).
(b) As used in this subsection, “evaluation” means a study of the
nature, quality or utility of a parcel of real estate or interests in, or
aspects of, real property in which a value estimate is not necessarily
required.
(4)(a) As used in this section, “purport to engage in or carry on
real estate appraisal activity” means the display of a card, sign,
advertisement or other printed, engraved or written instrument bearing
the person’s name in conjunction with the term “appraiser,” “licensed
appraiser,” “certified appraiser,” “appraiser assistant,” “registered
appraiser assistant” or “appraisal” or an oral statement or
representation of certification, licensure or registration by the
Appraiser Certification and Licensure Board made by a person.
(b) Each display or statement described in paragraph (a) of this
subsection by a person not licensed, certified or registered by the board
is a separate violation under ORS 674.850 or 674.990.
(c) In a proceeding under ORS 674.850 or 674.990, a display or
statement described in paragraph (a) of this subsection shall be
considered prima facie evidence that the person named in the display or
making the statement purports to engage in or carry on real estate
appraisal activity. [1991 c.5 §3; 1993 c.465 §1; 1993 c.744 §218; 1997
c.417 §2; 2001 c.196 §1; 2001 c.300 §62; 2005 c.254 §3]For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the Appraiser Certification and
Licensure Board may require the fingerprints of a person who is applying
for, or holds, a license, certificate or registration, or is applying for
renewal of a license, certificate or registration, that is issued by the
board, or of a person who:
(1)(a) Is employed or applying for employment by the board;
(b) Provides services or seeks to provide services to the board as
a contractor, vendor or volunteer; and
(2) Is, or will be, working or providing services in a position:
(a) In which the person is providing information technology
services and has control over, or access to, information technology
systems that would allow the person to harm the information technology
systems or the information contained in the systems;
(b) In which the person has access to information, the disclosure
of which is prohibited by state or federal laws, rules or regulations or
information that is defined as confidential under state or federal laws,
rules or regulations;
(c) That has payroll functions or in which the person has
responsibility for receiving, receipting or depositing money or
negotiable instruments, for billing, collections or other financial
transactions or for purchasing or selling property or has access to
property held in trust or to private property in the temporary custody of
the state; or
(d) In which the person has access to personal information about
employees or members of the public including Social Security numbers,
dates of birth, driver license numbers, medical information, personal
financial information or criminal background information. [2005 c.730 §59]Note: 674.105 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 674 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
The Appraiser Certification and Licensure Board shall recognize
temporarily the certificate or license of an appraiser issued by another
state if:
(1) The appraiser’s business is of a temporary nature; and
(2) The appraiser registers with the board. [1991 c.5 §8; 1993
c.465 §6]
Notwithstanding any other provision of law, any real estate appraisal
that is performed in connection with a federally related transaction
shall be in writing and shall be performed and completed in accordance
with the appraisal standards established by the federal financial
institution regulatory agency having jurisdiction over the federally
related transaction for which the appraisal is performed. In the event of
any conflict between the provisions of any other law and the appraisal
standards established by the federal financial institution regulatory
agency having jurisdiction, the standards established by the federal
financial institution regulatory agency shall prevail. [1991 c.5 §9] The Appraiser Certification and
Licensure Board may suspend or revoke the certificate, license or
registration of a state certified appraiser, a state licensed appraiser
or a state registered appraiser assistant, reprimand a state certified
appraiser, a state licensed appraiser or a state registered appraiser
assistant, require additional education of a state certified appraiser, a
state licensed appraiser or a state registered appraiser assistant or
deny the issuance or renewal of a certificate, license or registration to
an applicant if the state certified appraiser, state licensed appraiser
or state registered appraiser assistant or applicant 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 a material misrepresentation or false material 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 a provision of ORS 674.130 or 674.150
or the federal Act or a rule adopted under ORS 674.310.
(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 a
person to act to the damage or injury of the person, whether or not
actual damage or injury resulted.
(4) Guaranteed, authorized or permitted a 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 real
estate appraisal activity transacted by the individual.
(7) Failed to maintain at all times any records that 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 a material false statement
or material misrepresentation concerning the individual’s business.
(11) Demonstrated negligence or incompetence in performing an act
for which the individual is required to hold a certificate, license or
registration.
(12) Knowingly permitted an individual whose certificate, license
or registration 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 an 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, license or registration to conduct real estate
appraisal activity. [1991 c.5 §12; 2001 c.332 §1; 2003 c.749 §14; 2005
c.254 §4] Every state certified
appraiser and every state licensed appraiser shall maintain records of
all real estate appraisal activity conducted by the appraiser. The
records shall at all times be open for inspection by the Appraiser
Certification and Licensure Board or its duly authorized representatives.
The records shall be maintained by the appraiser for a period of not less
than 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. [1991 c.5 §17;
1995 c.234 §1; 2001 c.332 §2] (1) If
the administrator of the Appraiser Certification and Licensure Board
determines that the standards, qualifications and examinations for
licensing, certifying or registration of real estate appraisers of
another state are substantially similar to the standards, qualifications
and examinations required under this chapter and the rules adopted
pursuant thereto, the administrator with approval of the Appraiser
Certification and Licensure Board may enter into a reciprocal agreement
with such other state to issue without examination licenses or
certificates upon proof of licensing or certification in such other state
and upon payment of appropriate fees.
(2) Reciprocal agreements may be terminated by the administrator
with approval of the Appraiser Certification and Licensure Board upon a
determination that the other state is not maintaining and enforcing
standards, qualifications and examinations substantially similar to those
of this state. [1993 c.465 §4]BOARD(1) The Appraiser
Certification and Licensure Board is established. The board shall operate
as a semi-independent state agency subject to ORS 182.456 to 182.472 for
purposes of carrying out the provisions of this chapter. The board shall
consist of seven members. The members shall be appointed by the Governor
and must be residents of this state.
(2) The board shall be composed of:
(a) Five appraisers certified or licensed under ORS 674.310;
(b) One individual who is employed by a financial institution or a
mortgage banker; and
(c) One individual who is a public member and who:
(A) Is not engaged in professional real estate activity;
(B) Is not a state certified or state licensed appraiser;
(C) Is not employed by a financial institution or a mortgage
banker; and
(D) Does not have a direct financial interest in any person who is
required, or whose employees or agents are required, to be state licensed
or state certified appraisers.
(3) The term of office of each member is four years with two terms
maximum, but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause, the
Governor shall make an appointment to become immediately effective for
the unexpired term. A member may not be appointed to serve more than two
consecutive terms on the board.
(4) The board shall select one of its members as chairperson and
another as vice chairperson, for such terms and with duties and powers
necessary for the performance of the functions of such offices as the
board determines.
(5) A majority of the members of the board constitutes a quorum for
the transaction of business.
(6) The board shall meet at least once every three months at a
place, day and hour determined by the board. The board also shall meet at
other times and places specified by the call of the chairperson or of a
majority of the members of the board.
(7) In accordance with applicable provisions of ORS chapter 183,
the board shall adopt rules necessary for the administration of this
chapter.
(8) The appointment of a member of the board is subject to
confirmation by the Senate in the manner prescribed in ORS 171.562 and
171.565. [1991 c.5 §4; 1993 c.18 §146; 1993 c.744 §219; 2001 c.521 §11;
2005 c.109 §4]Note: Section 10, chapter 109, Oregon Laws 2005, provides:
Sec. 10. (1) Rules validly adopted by the Appraiser Certification
and Licensure Board and in effect immediately prior to the effective date
of this 2005 Act [June 6, 2005], including but not limited to rules
adopting fees and rules establishing a board budget, shall continue in
effect until amended, repealed or superseded by board action.
(2) ORS 182.460 and 182.468, the amendments to ORS 182.454 by
section 2 of this 2005 Act and the repeal of ORS 674.349 and 674.361 by
section 9 of this 2005 Act do not affect the status of any person
employed by the board, any collective bargaining unit as the appropriate
bargaining unit for board employees or any collective bargaining
agreement.
(3) The account established by the board under ORS 674.364, as set
forth in the 2003 Edition of Oregon Revised Statutes, shall be treated
for all purposes as an account established under ORS 182.470.
(4) The amendments to ORS 674.850 and 674.990 by sections 7 and 8
of this 2005 Act apply to civil penalties imposed on or after the
effective date of this 2005 Act. Notwithstanding ORS 182.470, any moneys
collected by the board after the effective date of this 2005 Act for
civil penalties imposed before the effective date of this 2005 Act shall
be forwarded by the board for deposit to the General Fund.
(5) The amendments to ORS 182.454, 182.472, 279A.025, 674.305,
674.330, 674.340, 674.850 and 674.990 by sections 1 to 8 of this 2005 Act
and the repeal of ORS 674.343, 674.346, 674.349, 674.352, 674.355,
674.358, 674.361, 674.364 and 674.367 by section 9 of this 2005 Act do
not affect the status of any:
(a) Suit;
(b) Interest in real or personal property;
(c) Suspension, revocation, probation, disqualification or other
limitation or condition on holding a certificate or license; or
(d) Liability, duty or obligation incurred prior to the effective
(1) The Appraiser
Certification and Licensure Board shall:
(a) Have the power to do all things necessary and convenient to
carry into effect the provisions of this chapter and the federal Act and
to regulate the activities of state licensed appraisers, state certified
appraisers and state registered appraiser assistants to ensure that real
estate appraisals conform to the law in effect on the date of the real
estate appraisal activity.
(b) Certify or license appraisers and register appraiser assistants
as necessary to carry out the federal Act and the purposes set forth in
ORS 674.020.
(c) Supervise the activities of state certified appraisers, state
licensed appraisers and state registered appraiser assistants as provided
in this chapter, to ensure that they perform real estate appraisal
activity in strict conformance with the provisions of this chapter and of
the federal Act, and that they otherwise comply with the provisions of
this chapter in the conduct of their professional activities.
(d) Establish, keep current and, no less than annually, transmit to
the Appraisal Subcommittee a roster listing state certified appraisers
and state licensed appraisers.
(e) Collect and remit annual registry fees as required by ORS
674.330.
(2) Rules adopted by the Appraiser Certification and Licensure
Board to govern real estate appraiser certification and licensure shall
conform with the requirements of the federal Act. The board shall adopt
rules including but not limited to:
(a) Establishing programs for the certification, licensure or
registration of individuals who engage in real estate appraisal activity.
(b) Establishing educational requirements for certification or
licensure of appraisers and for the registration of appraiser assistants
that ensure protection of the public interest and comply with the
requirements of the federal Act. Education requirements for state
licensed appraisers and state certified appraisers must meet the minimum
criteria established by the Appraiser Qualification Board of the
Appraisal Foundation.
(c) Establishing a professional code of responsibility for state
certified appraisers and state licensed appraisers that is in conformance
with the federal Act.
(d) Providing for registration of out-of-state appraisers as
provided for under ORS 674.120.
(3) An individual may not be a state licensed appraiser or a state
certified appraiser unless the individual has achieved a passing grade
upon a suitable examination equivalent to the Uniform Certification
Examination issued or endorsed by the Appraisal Qualification Board of
the Appraisal Foundation.
(4) The Appraiser Certification and Licensure Board, acting through
the administrator, may issue subpoenas to compel the attendance of
witnesses and the production of papers, books, records, correspondence,
agreements, memoranda and other material or relevant documents in
investigations or proceedings pertaining to the powers and duties of the
board.
(5) In the case of a person who refuses to respond to a subpoena
issued by the Appraiser Certification and Licensure Board, the judge of
the circuit court, on the application of the board administrator, shall
order compliance with the board subpoena in the same manner as a
proceeding for contempt for failure to respond to a subpoena of the
court. [1991 c.5 §6; 1993 c.744 §220; 1997 c.417 §3; 2001 c.521 §12; 2005
c.254 §6] The lapsing or suspension of
a certificate, license or registration by operation of law, by order of
the Appraiser Certification and Licensure Board, by decision of a court
of law or by the voluntary surrender of a certificate, license or
registration by an appraiser or appraiser assistant does not deprive the
board of jurisdiction to proceed with any investigation of or any action
or disciplinary proceedings against the appraiser or appraiser assistant,
or to revise or render null and void an order suspending or revoking the
certificate, license or registration. [1991 c.5 §15; 2005 c.254 §7] (1) The Appraiser Certification and Licensure
Board shall collect from each state certified appraiser and each state
licensed appraiser an annual registry fee as required by the federal Act
and in an amount determined by the Appraisal Subcommittee. All annual
registry fees collected by the board under this subsection shall be
remitted to the Federal Financial Institutions Examination Council in
accordance with the federal Act.
(2) Except as provided in subsection (1) of this section and in
addition to any fees required by subsection (1) of this section, the
board may establish by rule fees to be charged and collected under this
chapter. The fees established by the board may include, but need not be
limited to, fees:
(a) For each certification or licensure examination administered
under ORS 674.310.
(b) For each certificate or license awarded or issued under ORS
674.310.
(c) For each renewal of a certificate or license awarded or issued
under ORS 674.310.
(d) For each duplicate certificate or license, where the original
license is lost or destroyed and affidavit made thereof.
(e) For the renewal of an inactive certificate or license.
(f) For the reactivation of an inactive certificate or license.
(g) For late renewal, in addition to the renewal fee.
(h) For a temporary registration provided for under ORS 674.120.
(i) For each application.
(j) For inactive status.
(k) For each walk-in examination.
(L) For each appraiser assistant registration.
(m) For each appraiser assistant renewal. [1991 c.5 §10; 1993 c.89
§1; 1993 c.465 §7; 2005 c.109 §5] (1) All moneys, fees
and charges collected or received by the Appraiser Certification and
Licensure Board pursuant to ORS 674.330 shall be paid into the account
created by the board under ORS 182.470. All moneys in the account are
appropriated continuously to the board to carry out the duties that the
board is charged with administering.
(2) The Federal Registry Fund is established in the account created
by the board under ORS 182.470. Proceeds received under ORS 674.330 (1)
shall be deposited in the Federal Registry Fund. The moneys in the
Federal Registry Fund shall be used solely as set forth in ORS 674.330
(1). [1991 c.5 §11; 1993 c.744 §222; 2001 c.521 §13; 2005 c.109 §6]MISCELLANEOUSA person engaging in or carrying on real estate appraisal
activity shall not be required to make adjustments to otherwise
comparable sales solely on the basis of the form of the conveyance. [1993
c.41 §2]
A person shall not testify or otherwise present evidence regarding an
appraisal or appraisal report in a proceeding under ORS 183.413 to
183.497, a circuit court action or otherwise before a lawfully
established board or commission unless the person has prepared a written
report on the appraisal or appraisal report prior to presenting testimony
or evidence. [1997 c.417 §7]PENALTIES (1) The Appraiser Certification and
Licensure Board may impose a civil penalty, not to exceed $500 for each
violation, on a person who violates a provision of ORS 674.130 to 674.150
or a rule or final order of the board or a judgment made by a court upon
application of the board.
(2) The board may impose a civil penalty on a person who violates
ORS 674.100 (1) in an amount that is:
(a) Not less than $100 and not more than $500 for the first
violation; and
(b) Not less than $500 and not more than $1,000 for a subsequent
violation.
(3) In addition to the civil penalties set forth in subsection (2)
of this section, the board may impose a civil penalty on a person who
violates ORS 674.100 (1) in an amount that does not exceed the amount by
which the person profited in the transaction in violation of ORS 674.100
(1).
(4) The board shall impose civil penalties under this section in
the manner provided in ORS 183.745.
(5)(a) The provisions of this section are in addition to and not in
lieu of other enforcement provisions contained in ORS 674.140 and 674.310.
(b) The civil penalty provisions of subsections (2) and (3) of this
section are in addition to and not in lieu of the criminal penalties for
uncertified, unlicensed or unregistered real estate appraisal activity in
ORS 674.990.
(6) The remedies provided in this section are in addition to and
not exclusive of other remedies provided by law. [1991 c.5 §§13,14; 1993
c.744 §223; 2003 c.576 §541; 2005 c.109 §7; 2005 c.254 §9a](1) Violation of ORS 674.100 (1) is a
Class A misdemeanor.
(2) An officer, director, shareholder or agent of a corporation, or
member or agent of a partnership or association, who personally
participates in or is an accessory to a violation of ORS 674.100 (1) by
the partnership, association or corporation, is subject to subsection (1)
of this section. [1991 c.5 §16; 1997 c.417 §4; 2005 c.109 §8; 2005 c.254
§10a]
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