Current through 2024 Regular Session legislation effective June 6, 2024
Section 674.310 - Duties and powers of board; rules(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, ORS 674.200 to 674.250 and the federal Act and to regulate the activities of state licensed appraisers, state certified appraisers, state registered appraiser assistants and appraisal management companies 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) Register appraisal management companies under ORS 674.200 to 674.250.(d) Supervise the activities of state certified appraisers, state licensed appraisers, state registered appraiser assistants and appraisal management companies as provided in this chapter and ORS 674.200 to 674.250, 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 and ORS 674.200 to 674.250 in the conduct of their professional activities.(e) Establish, keep current and, no less than annually, transmit to the Appraisal Subcommittee a roster listing state certified appraisers and state licensed appraisers.(f) Collect and remit fees as required under ORS 674.250, 674.330 and 674.340.(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, including on state and federal fair housing laws and topics of implicit bias, including racial bias. 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 on an examination approved by the Appraisal Qualification Board of the Appraisal Foundation for the credential being sought.(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.Amended by 2023 Ch. 112, § 1, eff. 9/24/2023.Amended by 2021 Ch. 313, § 4, eff. 6/15/2021.1991 c.5 §6; 1993 c.744 §220; 1997 c.417 §3; 2001 c.521 §12; 2005 c. 254, § 6; 2011 c. 447, § 23