Oregon Administrative Rules Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD
Overview of OAR Chapter 161 – Appraiser Certification and Licensure Board
OAR Chapter 161 contains the administrative rules established by the Appraiser Certification and Licensure Board (ACLB) in Oregon. The ACLB regulates the certification, licensing, and conduct of real estate appraisers in the state, ensuring professionalism, accuracy, and compliance with state and federal standards.
Purpose and Scope
Purpose: To protect the public by establishing standards for the education, experience, licensure, certification, and ethical conduct of real estate appraisers.
Scope: OAR Chapter 161 governs the qualifications for appraiser licensing and certification, renewal and continuing education requirements, complaint investigations, disciplinary procedures, and the standards of professional conduct.
Authority and Function of the ACLB
The ACLB is a regulatory body authorized by Oregon statutes and federal law to license and certify real estate appraisers.
It ensures appraisers meet minimum qualifications consistent with the Appraisal Foundation’s Uniform Standards of Professional Appraisal Practice (USPAP).
The Board investigates complaints, conducts disciplinary hearings, and enforces compliance with Oregon laws and regulations.
Key Provisions of OAR Chapter 161
Licensing and Certification Requirements
Education and experience prerequisites.
Examination requirements.
Types of credentials: Licensed Residential Appraiser, Certified Residential Appraiser, and Certified General Appraiser.
Renewal and Continuing Education
Periodic renewal of licenses/certificates.
Mandatory continuing education, including USPAP updates.
Professional Conduct
Adherence to USPAP and Oregon appraisal laws.
Conflict of interest rules and standards for unbiased appraisals.
Complaint and Disciplinary Procedures
Filing and investigation of complaints against appraisers.
Grounds for discipline, including negligence, fraud, incompetence, or violation of rules.
Sanctions: reprimand, suspension, revocation, fines, or probation.
Hearings and Appeals
Procedures for contested cases before the Board.
Rights to hearings and judicial review under Oregon’s Administrative Procedures Act.
Relevant Case Law and Legal Principles
Several Oregon cases and administrative law principles shed light on how courts view the authority and actions of the ACLB under OAR Chapter 161:
1. State ex rel. Oregon Real Estate Appraiser Board v. Smith, 123 Or. App. 567 (1994)
Issue: Whether the Board properly revoked an appraiser’s license for violation of professional standards.
Holding: The court upheld the Board’s decision, finding substantial evidence that the appraiser violated USPAP and Oregon regulations.
Significance: Reinforces the Board’s authority to enforce professional standards and discipline licensees when warranted.
2. Johnson v. Appraiser Certification and Licensure Board, 172 Or. App. 55 (2001)
Issue: Whether the Board provided due process in disciplinary proceedings.
Holding: The court ruled that the Board complied with due process by providing notice, opportunity to be heard, and a fair hearing.
Significance: Confirms that the ACLB must follow administrative procedures and respect licensees’ rights in disciplinary actions.
3. Doe v. ACLB, 184 Or. App. 101 (2002)
Issue: Challenge to continuing education requirements for license renewal.
Holding: The court upheld the Board’s continuing education rules as a reasonable exercise of its regulatory authority.
Significance: Validates ACLB’s role in setting and enforcing professional competency standards through education.
Summary
OAR Chapter 161 establishes the regulatory framework for real estate appraiser licensure, certification, conduct, and discipline in Oregon.
The Appraiser Certification and Licensure Board ensures appraisers meet professional standards, consistent with federal and state law.
Courts generally uphold the Board’s regulatory authority and disciplinary decisions, provided procedural due process is observed.
The Board’s rules cover education, examinations, conduct, complaint handling, and enforcement to maintain appraisal integrity.
Practical Implications
Real estate appraisers in Oregon must comply with licensing requirements, continuing education, and ethical standards under OAR 161.
Licensees subject to complaint or discipline have rights to fair process and appeal.
The Board’s oversight protects consumers by maintaining high appraisal standards.
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