Oregon State Archives
The Oregon Administrative Rules contain OARs filed through April 13, 2012 
REAL ESTATE AGENCY
REAL ESTATE AGENCY
DIVISION 20
REAL ESTATE CONTINUING EDUCATION
863-020-0000
Applicability and Purpose
(1) This division applies to licensed real estate brokers, principal real estate brokers, real estate property managers, continuing education providers, and instructors who teach courses for continuing education providers.
(2) For all real estate licensees, the purposes of this division are to set forth continuing education requirements for licensee renewals effective through December 31, 2010;
(3) For all real estate licensees, the purposes of this division are to set forth continuing education requirements for licensee renewals effective beginning January 1, 2011, including:
(a) Courses eligible for continuing education credit completed before January 1, 2011, and
(b) Courses eligible for continuing education credit completed on or after January 1, 2011 taken from continuing education course providers, including:
(A) Courses that meet the requirements for course topics and learning objectives in this division 20,
(B) A Board-approved three-hour law and rule required course on recent changes in rule and law, described in OAR 863-022-0055, required for all licensees,
(C) A 30-hour advanced course in real estate practices described in OAR 863-022-0020 required for real estate brokers before the first active renewal of the real estate broker's license or before the first license reactivation following an inactive first renewal,
(D) The 40-hour brokerage administration and sales supervision course described in OAR 863-022-0025 for an initial principal real estate broker license application, and
(E) Continuing education record-keeping requirements for all licensees.
(4) For continuing education providers, the purposes of this division are to set forth:
(a) The application requirements for certification as a real estate continuing education course provider, and
(b) The responsibilities of continuing education course providers, including:
(A) Ensuring that courses offered by the provider meet the eligible course topics, learning objectives, and length of course requirements,
(B) Maintaining required records,
(C) Providing real estate licensees with certificates of completion for each course that meet the requirements for certificates of completion, and
(D) Ensuring that each instructor who will teach a course offered by a provider meets instructor qualifications and completes a continuing education instructor form.
(5) For instructors who teach courses for continuing education providers, the purposes of this division are to set forth the instructor qualifications set out on the instructor form that is completed by the instructor and given to the continuing education provider.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.010, 696.174, 696.182, 696.184 & 696.186
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0005
Definitions
As used in this division, unless the context requires otherwise:
(1) “Agency” means the Oregon Real Estate Agency.
(2) “Applicant” means either an individual as defined in section (7) of this rule, or a person as defined in section (9) of this rule.
(3) “Board” means the Oregon Real Estate Board.
(4) “Commissioner” means the Real Estate Commissioner.
(5) “Continuing education provider” means a person certified by the Agency under OAR 863-020-0030 to offer real estate continuing education courses that are eligible for credit. The continuing education courses are taught by an instructor.
(6) “Course identification number” means a unique four-digit identifying course number assigned by a continuing education provider.
(7) “Individual” means a human being, not a legal entity.
(8) “Instructor” means an individual who teaches, for a continuing education provider, a real estate continuing education course that is eligible for credit. An instructor must meet the qualifications in ORS 696.186 and OAR 863-020-0060. The Agency does not certify instructors.
(9) “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than a government agency.
(10) “Principal real estate broker” is defined in ORS 696.010.
(11) “Provider number” means a unique identifying number assigned by the Agency to a certified continuing education provider under OAR 863-020-0030.
(10) “Real estate broker” is defined in ORS 696.010.
(11) “Real estate licensee” is defined in ORS 696.010 and includes a real estate broker, principal real estate broker, and a real estate property manager.
(12) “Real estate property manager” is defined in ORS 696.010.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.174, 696.182, & 696.186
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0007
Length of Continuing Education Courses
(1) This rule is effective July 1, 2010 and applies to courses offered by certified continuing education providers.
(2) The minimum length of each continuing education course offered by a continuing education provider is one hour.
(3) A continuing education provider or course instructor may allow a break of no more than 10 minutes as part of each hour of instruction.
(4) A provider may offer a course that is longer than one hour, in additional half hour increments.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.182
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0008
License Renewal Continuing Education Requirements Until December 31, 2010
(1) This rule applies to all real estate licensees and is effective only until December 31, 2010. Beginning January 1, 2011, the requirements under OAR 863-020-0010 apply.
(2) To renew an active license, a real estate licensee must have completed at least 30 clock-hours of certified real estate oriented continuing education during the preceding two license years. Except as provided in section (3) of this rule:
(a) A licensee must complete 15 clock-hours of continuing education in one or more of the following required topics:
(A) Trust Accounts;
(B) Misrepresentation;
(C) Anti-Trust;
(D) Rule and Law Update;
(E) Property Management;
(F) Commercial Brokerage and Leasing;
(G) Real Estate Taxation: Federal, State, and Local;
(H) Agency;
(I) Fair Housing;
(J) Contracts;
(K) Property Evaluation;
(L) Brokerage Management;
(M) Land;
(N) Business Ethics; or
(O) Compliance Review.
(b) A licensee must complete the remaining 15 hours in any combination of the above course topics or in other elective real estate oriented continuing education courses.
(c) Courses related to personal skills, such as time management, and routine meetings and luncheons are not considered real estate oriented continuing education courses and do not qualify as such.
(d) Courses must be a minimum of one clock-hour in length. A clock-hour is measured in 60-minute increments, excluding meal or rest breaks.
(e) Credit will not be given for repeating a continuing education course with the same content during a two-year renewal period.
(3) Continuing education courses taken from a certified continuing education provider on or after July 1, 2010 through December 31, 2010 that meet the requirements of ORS 696.174 and OAR 863-020-0035 are eligible for continuing education credit.
(4) As provided in sections (5), (6), and (10) of this rule, a licensee or certifying licensee must complete a standard Certificate of Attendance developed by the Agency for each course completed.
(5) "Certifying licensee" for real estate brokers means a principal real estate broker who certifies on an Agency-approved form that a real estate broker completed the continuing education requirements.
(6) “Certifying licensee” for property managers associated with a principal real estate broker means the principal real estate broker who certifies on an Agency-approved form that the property manager completed the continuing education requirements.
(7) In completing the standard Certificate of Attendance, the certifying licensee must decide:
(a) Whether a continuing education course meets the continuing education requirements; and
(b) Whether to classify the course as a required topic or an elective topic.
(8) A certifying licensee may approve continuing education courses completed outside of Oregon. However, for courses completed outside of Oregon, the number of approved credit hours must reflect the clock-hours of course content related to the practice of real estate in Oregon. Credit hours will not be approved for courses with content specific to another state or jurisdiction.
(9) The certifying licensee must retain the Certificate of Attendance in its records as prescribed in OAR 863-015-0260. The certifying licensee must produce a copy of the Certificate of Attendance if the associated licensee or the Agency so requests.
(10) Principal real estate brokers and property managers not associated with a principal broker must:
(a) Self-certify that they have completed their continuing education requirements;
(b) Retain their Certificate of Attendance as prescribed in OAR 863-015-0260; and
(c) Produce a copy of the Certificate of Attendance if the Agency so requests.
(11) Providing false information on an Agency license renewal form or Certificate of Attendance or falsely certifying such information is prima facie evidence of a violation of ORS 696.301.
(12) In certifying a continuing education course, the certifying licensee must consider the totality of the information provided and the class content and may consider additional criteria including, but not limited to:
(a) Evidence of the instructor’s qualifications to teach the course;
(b) Whether the course content is current and accurate, the learning objectives for the course, and whether the course content fulfills the learning objectives;
(c) Whether the course includes ways of measuring learning outcome, such as a final examination; and
(d) Whether students get to evaluate the course and instructor.
(13) A real estate broker first licensed on or after July 1, 2002 must complete the 30-hour advanced course in real estate practices that meets the requirements in OAR 863-022-0020 before the first active renewal of the real estate broker's license or before the first license reactivation following an inactive first renewal. This requirement does not apply to principal real estate brokers. An approved advanced course in real estate practices satisfies the continuing education requirements for a real estate broker licensee's renewal.
(14) Certifying licensees may approve continuing education courses completed through alternative delivery methods. "Alternative delivery" means presentation of continuing education material in a method other than classroom lecture. This includes, but is not limited to, correspondence and electronic means such as satellite broadcast, videotape, computer disc, and Internet.
(a) In addition to the certification criteria in section (12) of this rule, in determining whether to certify an alternative delivery method course, the certifying licensee may consider:
(A) Whether the course offers operational or electronic security measures;
(B) The students’ ability to interact with an instructor or access other resources to support their learning;
(C) Whether the learning environment and technical requirements are explained to students in advance of the course; and
(D) Whether the course includes a proctored final examination.
(b) In determining the number of credit hours to approve for an alternative delivery course, the certifying licensee may consider:
(A) The number of questions in the examination, with a minimum standard of 10 questions per hour of credit;
(B) The number of pages for Internet, Computer-Based Training, CD-ROM, and book courses, with a minimum standard of 10 pages per hour of credit; and
(C) The clock hours elapsed for videocassette, audiotape, or teleconference courses.
(15) Continuing education course sponsors may:
(a) State in their advertising that the licensee’s principal broker must approve the continuing education requirements, e.g., course content, topics, and hours; and
(b) Complete the following information on a Certificate of Attendance:
(A) Real estate licensee's name;
(B) Continuing education course title and date of completion;
(C) Instructor's name and location of course; and
(D) Method of course delivery and whether a final examination was administered.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.174 & 696.301
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0010
License Renewal Continuing Education Requirements Effective January 1, 2011
(1) This rule applies to all real estate licensees and is effective January 1, 2011. The requirements under OAR 863-020-0008 only apply until December 31, 2010.
(2) To renew an active license, a real estate licensee must truthfully certify on an Agency-approved form under OAR 863-014-0050 (for real estate brokers and principal brokers) or 863-024-0050 (for property managers) that the licensee:
(a) Has completed at least 30 hours of real estate continuing education that are eligible for credit under OAR 863-020-0035 and 863-020-0040 during the two years preceding renewal, or
(b) Has complied with section (5) of this rule, if applicable.
(3) The 30 hours of continuing education must include a Board-approved three-hour law and rule required course on recent changes in real estate rule and law as provided in OAR 863-022-0055.
(4) A real estate licensee will not be given credit for repeating a continuing education course with the same content during a two-year renewal period.
(5) A real estate broker must complete the 30-hour advanced course in real estate practices described in OAR 863-022-0020 before the first active renewal of the real estate broker's license or before the first license reactivation following an inactive first renewal. The 30-hour advanced practices course includes the three-hour law and rule required course on recent changes in real estate rule and law referred to in section (3) of this rule.
(6) Falsely certifying that the licensee has completed the required continuing education is a violation of section (2) of this rule and is grounds for discipline under ORS 696.301.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.022, 696.174, 696.301
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0015
Licensee Records
(1) Effective January 1, 2011, a real estate licensee must maintain the licensee’s own continuing education records described in sections (3) and (4) of this rule for three years after the renewal date for which the continuing education credit applies.
(2) Beginning January 1, 2011, a principal broker is not required to maintain the continuing education records of a real estate broker or a property manager associated with the principal broker. However, the principal broker must maintain the continuing education records that pre-date January 1, 2011 as required by OAR 863-015-0260 and produce a copy of such records if the associated licensee or the Agency so requests.
(3) A real estate licensee must complete and maintain an Agency-approved form that contains the following information, taken from the certificate of completion provided by the continuing education provider:
(a) The licensee’s name and license number;
(b) The name of the course;
(c) The name of the certified course provider and the provider number;
(d) The course identification number assigned by the course provider;
(e) The eligible course topic(s) under OAR 863-020-0035 or whether the course is the three-hour law and rule required course under 863-022-0055, the advanced practices course under 863-022-0020, or the brokerage administration and sales supervision course under 863-022-0025.
(f) The date and location of the course;
(g) The length of time of the course; and
(h) The name of the instructor who taught the course.
(4) A licensee must maintain all certificates of completion the licensee received from continuing education providers upon completion of each course.
(5) A licensee must produce a copy of the records required under this rule if the Agency so requests.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.174
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0020
Continuing Education Provider Qualifications
(1) Effective July 1, 2010, an applicant for certification as a continuing education provider must be one of the following:
(a) A registered business name registered with the Agency under ORS 696.026 and OAR 863-014-0095 or 863-024-0095;
(b) A licensed title or escrow company conducting business in this state;
(c) A real estate trade association as defined in section (2) of this rule or a trade association in a related field as defined in section (3) of this rule, but not the individual members of those associations;
(d) A real estate multiple listing service;
(e) A private career school approved by the Agency to teach continuing education courses as defined in section (4) of this rule;
(f) An accredited community college or an accredited state institution of higher education;
(g) A distance learning provider approved by the Agency as defined in section (5) of this rule; or
(h) A person who does not meet the requirements of section (1)(a) through (g) of this rule but whose qualifications have been approved by the Real Estate Board under OAR 863-020-0025.
(2) “Real estate trade association,” as used in section (1) of this rule, means a local, state, regional, or national organization with members that include real estate licensees, licensed escrow agents, or licensed title companies.
(3) “Trade association in a related field,” as used in section (1) of this rule, means a local, state, regional, or national organization with a members that include licensed, certified, or registered:
(a) Appraisers,
(b) Architects,
(c) Attorneys,
(d) Contractors,
(e) Home inspectors,
(f) Mortgage bankers,
(g) Mortgage brokers,
(h) Professional engineers,
(i) Securities broker-dealers or salespersons,
(j) Surveyors, or
(k) Tax professionals.
(4) “Private career school approved by the Agency to teach continuing education courses,” as used in section (1) of this rule, means a private career school licensed by the Oregon Department of Education and approved by the Agency to provide the 150-hour real estate license applicant course of study, the 60-hour property manager license applicant course, or both.
(5) “Distance learning provider approved by the Agency,” as used in section (1) of this rule, means a person whose course has been certified by the Association of Real Estate License Law Officials.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.182
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0025
Board Approval of Continuing Education Provider Qualification
(1) A person not otherwise qualified under OAR 863-020-0020(1)(a) through (g) seeking the Board’s approval as an applicant for certification must petition the Board under this rule.
(2) The person must submit a petition for approval to the Agency on an Agency-approved form at least 21 days before the scheduled Board meeting at which the applicant wishes the Board to act. The petition must include the following:
(a) The petitioner’s name, address, and phone number.
(b) Sufficient information about the petitioner named in the application to allow the Board to determine whether the petitioner qualifies for certification, including specifics about one or both of the following:
(A) Petitioner’s demonstrated expertise and experience in providing educational courses to real estate licensees;
(B) Petitioner’s demonstrated experience and expertise in at least two course topics eligible for continuing education credit under OAR 863-020-0035(4)(a)–(gg).
(c) Attestation by the petitioner that the petitioner knows and understands:
(A) The responsibilities of a continuing education provider under OAR 863-020-0050;
(B) The requirements of an instructor under ORS 696.186 and the information required on a continuing education instructor form under OAR 863-020-0060.
(3) If the Board approves the petition, the Agency will mail a letter to the petitioner confirming the Board’s approval, and the petitioner may apply for certification as a course provider under OAR 863-020-0030.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.182
Hist.: REA 1-2010, f. 6-14-10,
cert. ef. 7-1-10; REA 1-2011(Temp), f. 2-3-11, cert. ef. 2-4-11 thru 8-3-11; REA
2-2011(Temp), f. & cert. ef. 6-22-11 thru 12-1-11; REA 5-2011, f. 8-15-11, cert.
ef. 9-1-11; REA 9-2011, f. & cert. ef. 11-15-11
863-020-0030
Application for Continuing Education Provider Certification and Renewal
(1) Effective July 1, 2010, an applicant for certification as a continuing education provider must submit to the Agency an application on an Agency-approved form containing the following. No application fee is required.
(a) The applicant’s name, mailing address, physical address, and phone number;
(b) The date of the application;
(c) The applicable qualification listed in OAR 863-020-0020(1) and, if the Real Estate Board approved the applicant’s qualifications under OAR 863-020-0025, the applicant must also submit the Agency’s confirmation letter;
(d) The name and signature of the individual authorized by the applicant to submit the application;
(e) The applicant’s authorized contact person, title, phone number, and e-mail address;
(f) The applicant’s website address;
(g) Information concerning the course presentation formats, such as classroom instruction, online, etc.; and
(h) An affirmation that the applicant:
(A) Will comply with the statutory and administrative rule provisions applicable to continuing education providers, and
(B) Understands that the continuing education provider certification does not authorize the provider to offer an advanced course in real estate practices or the brokerage administration sales and supervision course. If the provider wishes to offer those courses, the provider may seek separate approval under OAR chapter 863, division 22.
(2) The Agency will assign a provider number and mail a confirmation of certification to the applicant upon receiving a completed application.
(3) The Agency will publish on its website and have available at the Agency a list of certified course providers and include the following information:
(a) The provider’s name, mailing address, physical address, and phone number;
(b) The provider’s authorized contact person, title, phone number, and e-mail address;
(c) The provider’s website address;
(d) The course presentation formats offered by the provider, such as classroom instruction, online, etc.; and
(e) The date of certification and provider number.
(4) Once certified, the continuing education provider must submit on an Agency-approved form any changes in the information provided on the application.
(5) If a provider no longer wishes to be certified or no longer meets the qualifications contained in OAR 863-020-0020, it must inform the Agency in writing within five business days.
(6) A continuing education provider certification expires on December 31, 2013 and is subject to renewal by submitting an application for renewal on an Agency-approved form at least 60 days before the certification expires.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.182
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0035
Courses Offered by Continuing Education Providers Effective July 1, 2010
(1) This rule is effective July 1, 2010 and applies to continuing education courses offered by continuing education providers except for the advanced course in real estate practices and the brokerage administration sales and supervision course. If the provider wishes to offer those courses, the provider may seek separate approval under OAR chapter 863, division 22.
(2) A continuing education provider must ensure that a specific class or course offered is within the scope of one or more course topics listed in section (4) or (5) of this rule. The provider must also identify to real estate licensees which course topic(s) is covered by the course. The Agency will not determine whether individual courses or classes are within the scope of an eligible course topic.
(3) Each course offered for continuing education credit:
(a) Must meet all course requirements under this rule,
(b) Must meet the requirements for the length of the course under OAR 863-020-0007,
(c) Must meet the requirements for learning objectives in OAR 863-020-0045, and
(d) May be presented in a classroom setting, online, or in another format of the provider’s choosing.
(4) The following course topics are eligible for real estate continuing education credit required by ORS 696.174 and OAR 863-020-0010:
(a) Principal broker or property manager record-keeping.
(b) Principal real estate broker supervision responsibilities.
(c) Principal broker or property manager clients’ trust accounts.
(d) Agency relationships and responsibilities for brokers, principal brokers, or property managers.
(e) Misrepresentation in real estate transactions.
(f) Property management.
(g) Advertising regulations.
(h) Real estate disclosure requirements.
(i) Real estate consumer protection.
(j) Anti-trust issues in real estate transactions.
(k) Commercial real estate.
(l) Real estate contracts.
(m) Real estate taxation.
(n) Real estate property evaluation, appraisal, or valuation.
(o) Fair Housing laws or policy.
(p) Managing a real estate brokerage.
(q) Business ethics.
(r) Risk management.
(s) Dispute resolution.
(t) Real estate finance.
(u) Real estate title.
(v) Real estate escrows.
(w) Real estate development.
(x) Condominiums.
(y) Subdivisions.
(z) Unit owner or home owner associations.
(aa) Timeshares.
(bb) Water rights.
(cc) Environmental protection issues in real estate.
(dd) Land use planning, zoning, or other public limitations on use.
(ee) Real estate economics.
(ff) Real estate law or regulation.
(gg) Negotiation.
(5) A three-hour law and rule required course on recent changes in real estate rule and law under OAR 863-022-0055 is eligible for three hours of continuing education credit.
(6) The following do not fall within the scope of an eligible continuing education course topic listed under section (4) of this rule:
(a) Real estate broker or property manager pre-licensing courses.
(b) Examination preparation classes.
(c) Sales meetings.
(d) Motivational classes or seminars.
(e) Time management classes or seminars.
(f) Sales and marketing classes or seminars.
(g) Psychology classes or seminars.
(h) Trade association orientation courses.
(i) Courses in standardized computer software programs not specifically related to the topics listed in section (4) of this rule.
(j) Courses with content that is specific to another state or jurisdiction.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.174 & 696.184
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0040
Continuing Education Courses Required for License Renewal Effective January 1, 2011
(1) Effective January 1, 2011, in addition to the eligible courses under OAR 863-020-0035 completed on or after July 1, 2010, the following courses are eligible for continuing education credit:
(2) For a real estate broker who is renewing an active license for the first time or who is reactivating a license following an inactive first renewal, a Board-approved 30-hour advanced course in real estate practices that meets the requirements of OAR 863-022-0020;
(3) For an initial principal real estate broker license, an Agency-approved 40-hour brokerage administration and sales supervision course that meets the requirements of OAR 863-022-0015; and
(4) A continuing education course completed between January 1, 2009 and December 31, 2010 that is in one of the following topics or combination of course topics:
(a) Trust Accounts.
(b) Misrepresentation.
(c) Anti-Trust.
(d) Rule and Law Update.
(e) Property Management.
(f) Commercial Brokerage and Leasing.
(g) Real Estate Taxation: Federal, State, and Local.
(h) Agency.
(i) Fair Housing.
(j) Contracts.
(k) Property Evaluation.
(l) Brokerage Management.
(m) Land.
(n) Business Ethics.
(o) Compliance Review.
(p) Real estate oriented continuing education.
(5) Courses taken under section (4) of this rule:
(a) May not be related to personal skills, such as time management or routine meetings and luncheons;
(b) Must be a minimum of 60 minutes, excluding meal or rest breaks; and
(c) May not be a course with the same content as another course taken during the renewal period.
(6) Certification as a continuing education provider does not authorize the provider to offer an advanced course in real estate practices or the brokerage administration sales and supervision course. If the provider wishes to offer those courses, the provider may seek separate approval under OAR chapter 863, division 22.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.022, 696.174, & 696.184
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0045
Course Learning Objectives
(1) This rule is effective July 1, 2010.
(2) The Agency does not review or approve a continuing education provider’s learning objectives.
(3) As used in ORS Chapter 696 and this division 20, the term “learning objective” means a statement of a continuing education provider’s goal for what a licensee will know or be able to do when the course is completed.
(4) In addition to any other learning objectives a continuing education provider may develop for a course, the provider must ensure that each course within a course topic offered under OAR 863-020-0035(4) and (5) meets at least one of the learning objectives contained in section (6) of this rule.
(5) For course learning objectives relating to laws, statutes, and rules, only existing laws, statutes, and rules or those that have been adopted or enacted but are not yet in effect meet the requirements of this rule. Learning objectives related to proposed legislation or proposed regulations do not meet the requirements of this rule.
(6) At the end of the course, the licensee will be able to describe and, where appropriate, identify:
(a) Provisions in laws, statutes or administrative rules relevant to the course topic;
(b) The licensee’s responsibilities under laws, statutes or administrative rules relevant to the course topic;
(c) Consumer protections relevant to the course topic;
(d) Governmental agencies with primary responsibility for regulating the course topic and the agencies’ role in relation to consumers and licensees; or
(e) The principles, practices, or procedures relevant to the course topic and their impact on at least one of the following:
(i) Licensees;
(ii) Consumers;
(iii) Parties to the real estate transaction or property management agreement;
(iv) The real estate marketplace;
(v) Real estate brokerage or property management practices;
(vi) The licensees’ real estate business; or
(vii) A licensee’s professional competence.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.182
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0050
Continuing Education Provider Responsibilities
(1) This rule is effective July 1, 2010.
(2) For each course offered, a continuing education provider must:
(a) Ensure that a course offered for continuing education credit is within the scope of one or more course topics listed in OAR 863-020-0035(3) or is a three-hour law and rule required course on recent changes in real estate rule and law under OAR 863-022-0055;
(b) Identify to real estate licensees which course topic(s) the offered course covers or whether the course is a three-hour rule and law required course under OAR 862-022-0055, the advanced course in real estate practices course under OAR 863-022-0020, or the brokerage administration and sales supervision course under OAR 863-022-0025;
(c) Ensure that the course meets the requirements for the length of a course under OAR 863-022-0007;
(d) Assign to each course a four-digit identifying course number;
(e) Ensure that courses offered under OAR 863-020-0035 meet the learning objective requirements contained in OAR 863-020-0045; and
(f) Ensure that the instructor who teaches a continuing education course offered for credit:
(A) Meets the requirements set forth in ORS 696.186, and
(B) Completes and signs the form required by OAR 863-020-0060.
(3) A continuing education provider may provide the advanced course in real estate practices or the brokerage administration and sales supervision course only if the provider and the course have been approved under OAR 863, division 22.
(4) A continuing education provider must keep records as required by OAR 863-020-0055; and
(5) A continuing education provider must give each licensee who completes a course a completed certificate of attendance that includes:
(a) The licensee’s name and license number;
(b) The name of the course;
(c) The name of the certified course provider and provider number;
(d) The course identification number assigned by the course provider;
(e) The eligible course topic(s) under OAR 863-020-0035 or whether the course is the three-hour law and rule required course under OAR 862-022-0055, the advanced practices course under OAR 863-022-0020, or the brokerage administration and sales supervision course under OAR 863-022-0025;
(f) The date and location of the course;
(g) The length of time of each course; and
(h) The name of the instructor who taught the course.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.174, 696.182, & 696.184
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0055
Continuing Education Provider Record-keeping Requirements
(1) This rule is effective July 1, 2010.
(2) A real estate continuing education provider must keep records of each course provided for three years from the date the course was provided. These records must include:
(a) The name of the course,
(b) The course identification number assigned by the course provider,
(c) The eligible course topic(s) under OAR 863-020-0035 or whether the course is a three-hour law and rule required course under OAR 862-022-0055, the advanced practices course under OAR 863-022-0020, or the brokerage administration and sales supervision course under OAR 863-022-0025
(d) The date and location of the course,
(e) The length of time of each course,
(f) The name of the instructor who taught the course,
(g) The signed form required by OAR 863-020-0060 containing the statement of instructor qualifications, and
(h) The licensee’s name and license number for each licensee attending the course on that date.
(3) All continuing education providers, whether located within or outside of this state, must keep the required records at the address provided on the application form.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.184
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0060
Continuing Education Instructor Form
(1) This rule is effective July 1, 2010.
(2) As provided in OAR 863-020-0050, a continuing education provider must ensure that the instructor who teaches a continuing education course offered for credit meets the requirements contained in ORS 696.186. The Agency does not certify instructors.
(3) A continuing education provider must ensure that the instructor completes and signs a form containing the following information:
(a) The instructor’s name, address, and phone number;
(b) The continuing education provider name and provider number;
(c) A description of the instructor’s qualifications in sufficient detail that would enable the reader to know how the instructor has met those qualifications; and
(d) An attestation signed and dated by the instructor, identifying the instructor’s qualifications under section (4) of this rule and affirming that the instructor:
(A) Has not had a professional or occupational license related to the topic of the course revoked for disciplinary reasons;
(B) Has not had a professional or occupational license related to the topic of the course that is currently suspended for disciplinary reasons; and
(C) Has not been determined by a state court, an administrative law judge, or a final agency order to have violated any statute, rule, regulation, or order pertaining to real estate activity in this or any other state in the preceding five years.
(4) The instructor must indicate on the form which of the following qualifications applies to the instructor:
(a) A bachelor’s degree and two years of experience working in a field related to the course topic;
(b) Six years of experience working in a field related to the topic of the course;
(c) A total of six years of any combination of college-level coursework and experience working in a field related to the topic of the course:
(d) A designation by a professional real estate organization, as defined in section (5) of this rule, and two years of college-level coursework;
(e) A designation as a Distinguished Real Estate Instructor by the Real Estate Educators’ Association;
(f) Successful completion of an instructor training course approved by the Board and two years of experience working in a field related to the topic of the course; or
(g) Certification or approval in good standing as a real estate instructor for the same or a similar course topic in any other state or jurisdiction.
(5) “Professional real estate organization,” as used in section (4) of this rule, means a group of individuals with a formal membership whose membership includes real estate licensees or licensed escrow agents.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.184 & 696.186
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
863-020-0065
Certification Revocation
The Agency may revoke the provider’s certification if the provider disregards or violates any applicable provision of ORS chapter 696 or this rule division. Such revocation is an agency order subject to the contested case provisions contained in ORS chapter 183.
Stat. Auth.: ORS 696.385
Stats. Implemented: ORS 696.182
Hist.: REA 1-2010, f. 6-14-10, cert. ef. 7-1-10
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