ORS 674.145
Procedures to follow before instigating disciplinary proceedings
- timing of proceedings
- rules
(1)
As used in this section, “objective basis” means a substantial objective basis for believing that, more likely than not, a violation of ORS 674.140 (Grounds for discipline) has occurred and a person subject to discipline under ORS 674.140 (Grounds for discipline) has committed the violation.(2)
Before disciplining a person under ORS 674.140 (Grounds for discipline), the Appraiser Certification and Licensure Board shall establish a subcommittee for the purpose of making a recommendation as to whether an objective basis exists to believe that the alleged violation occurred.(3)
To establish a subcommittee under this section, the board shall appoint to the subcommittee three members from among members of the board.(4)
A subcommittee shall review the facts of an alleged violation and, within 30 days of being established, make a recommendation described in subsection (2) of this section. If the subcommittee recommends that an objective basis exists, the subcommittee shall submit a report to the board describing the specific violation that occurred and the facts supporting the subcommittee’s recommendation.(5)
Except as provided in subsection (6) of this section, the board may commence disciplinary proceedings only after receiving a report under subsection (4) of this section.(6)
Upon a finding of serious danger to the public health or safety, the board may impose a form of discipline as allowed under ORS 183.430 (Hearing on refusal to renew license) (2) before receiving a report under subsection (4) of this section.(7)
The board may not commence disciplinary proceedings under ORS 674.140 (Grounds for discipline) after the later of:(a)
Five years after the date the real estate appraisal activity or other act giving rise to the disciplinary proceedings was completed or should have been completed; or(b)
The expiration of the time period specified in ORS 674.150 (Maintenance of appraisal records) for the retention of the records for the appraisal or real estate appraisal activity giving rise to the disciplinary proceedings.(8)
The board shall adopt rules to implement this section. [2013 c.532 §2; 2019 c.114 §1]
Source:
Section 674.145 — Procedures to follow before instigating disciplinary proceedings; timing of proceedings; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors674.html.
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