Application for registration
(1)A salesperson or membership camping contract broker may apply for registration by filing with the Real Estate Commissioner an application which includes the following information:
(a)A statement whether or not the applicant has been convicted of any misdemeanor or felony involving theft, fraud or dishonesty or whether or not the applicant has been enjoined from, had any civil penalty assessed for, or been found to have engaged in any violation of any act designed to protect consumers; and
(b)A statement describing the applicant’s employment history for the past five years and whether or not any termination of employment during the last five years was occasioned by any theft, fraud or act of dishonesty.
(2)Each applicant for initial registration shall submit to fingerprinting and provide to the commissioner as part of the application a recent photograph of the applicant. The registration must be accompanied by a written acceptance of the applicant as a salesperson signed by the membership camping operator with whom the salesperson will be associated.
(3)The commissioner may deny, suspend or revoke a salesperson’s or membership camping contract broker’s application for registration or the salesperson’s or membership camping contract broker’s registration if the commissioner finds that the order is necessary for the protection of purchasers or owners of membership camping contracts and that the applicant or registrant:
(a)Has been convicted of any misdemeanor or felony or has been enjoined from, had any civil penalty assessed for, or been found to have engaged in any violation of any act designed to protect consumers;
(b)Has violated any material provision of ORS 94.925 (Civil penalty) to 94.983 (Cancellation of contract by purchaser); or
(c)Has engaged in fraudulent or deceitful practices in any industry involving sales to consumers.
(4)Registration shall be effective for a period of one year. Registration shall be renewed annually by the filing of a form prescribed by the commissioner for that purpose. The completed application for registration or renewal shall automatically become effective upon the expiration of 30 business days following filing with the commissioner, unless:
(a)The application has been denied under subsection (3) of this section;
(b)The commissioner grants the registration effective as of an earlier date; or
(c)The applicant or registrant consents to delay of the effective date.
(5)During the effective period of a salesperson’s registration, the salesperson may transfer to a new membership camping operator by requesting the operator to return the salesperson’s registration to the commissioner and filing with the commissioner a written acceptance of the salesperson’s transfer signed by the membership camping operator with whom the salesperson will be associated following the transfer. Upon receipt of the salesperson’s registration and payment to the commissioner of a $10 transfer fee, the commissioner may issue a registration for the salesperson to the new membership camping operator. Upon the request of a salesperson, a membership camping operator shall promptly return the registration of the salesperson to the commissioner.
(6)A salesperson’s registration granted under this section shall be issued to a membership camping operator who signed the written acceptance accompanying the initial registration application or transfer request. A salesperson’s registration entitles the salesperson to sell membership camping contracts only for any campground operated by the membership camping operator under the supervision of the operator. If the salesperson terminates sales activity for any reason, the membership camping operator shall return the registration of the salesperson to the commissioner without delay.
(7)If an applicant for registration has an active real estate license outstanding, the applicant must place the real estate license on inactive status before issuance of the registration by the commissioner. A salesperson or membership camping contract broker may not reactivate an inactive real estate license during any term of registration as a salesperson or membership camping contract broker. [1985 c.639 §10; 1991 c.377 §11]
Section 94.980 — Application for registration; fee,