Potentially Disqualifying Crimes; Process
(1)A “potentially disqualifying crime” means a crime that:
(a)Reflects moral turpitude, or an act or conduct which would cause a reasonable person to have substantial doubts about the individual’s honesty, fairness and respect for the rights of others and for the laws of the state and the nation; and
(b)Is rationally connected to the business entity’s fitness to act as a controlling person or own 10 percent or more of an appraisal management company.
(2)The Board shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates a subject individual may have committed a crime, as those laws are in effect at the time of the fitness determination.
(3)A subject individual shall not be denied under these rules on the basis of the existence or contents of a juvenile record that has been expunged under ORS 419A.260 (Expunction) and 419A.262 (Expunction proceeding).
(4)If a subject individual is denied as not fit, the appraisal management company may not obtain an Oregon registration unless the subject individual divests all or part of the individual’s ownership interest in the appraisal management company or the appraisal management company designates another controlling person, whichever is applicable.
(5)The Board shall inform the subject individual who has been determined not to be fit on the basis of a criminal records check, via courier, or registered or certified mail to the most current address provided by the subject individual of the disqualification. Responsibility for furnishing the most current address remains with the subject individual.
(6)A final fitness determination is a final order of the Board unless the affected subject individual requests a contested case hearing under ORS Chapter 183 (Administrative Procedures Act). A subject individual may contest a fitness determination made under these rules that she or he is fit or not fit to act as a controlling person or own 10 percent or more of an appraisal management company under ORS Chapter 183 (Administrative Procedures Act).
Rule 161-530-0030 — Potentially Disqualifying Crimes; Process,