1. (1) An applicant for a timeshare sales agent license must submit to a background check, except an applicant who is currently licensed as a real estate broker, principal real estate broker, or real estate property manager or who is eligible for renewal of such licenses.
2. (2) The background check includes a criminal background check as provided in OAR chapter 863, division 005, which requires the applicant to provide fingerprints.

3. (3) The Agency and a vendor for fingerprinting services (“fingerprint service provider”) have contractually agreed that:

   1. (a) The fingerprint service provider will provide fingerprint services to license applicants and submit the fingerprints to the Oregon State Police for Oregon and nationwide criminal history checks.
   2. (b) A license applicant may only submit fingerprints required by the Agency through the fingerprint services provider.
   3. (c) A license applicant must pay the fee for fingerprinting, directly to the fingerprint services provider.
   4. (d) A license applicant must provide fingerprints according to the requirements and instructions of the fingerprint services provider.
   5. (e) A license applicant must have submitted a license application to the Agency before providing fingerprints.
4. (4) As provided in ORS 181A.225, all fingerprint cards, photographs, records, reports, and criminal offender information obtained or compiled by the Agency are confidential and exempt from public inspection. The Commissioner will keep such information segregated from other information on the applicant or licensee and maintain such information in a secure place.
5. (5) If the Agency determines that additional information is necessary to conduct a background check, the Agency may request such information in writing, and the applicant must provide the requested information. If the applicant fails to provide the requested information, the Agency may determine that the license application is incomplete and terminate the application.
6. (6) A license applicant must successfully complete the remaining portions of the licensing process required by OAR 863-035-0060 within the 12 months from the date of the successfully completed background check process and review. If the applicant does not meet the licensing requirement within the 12 months, the background check review is no longer valid and the applicant must submit to another background check, including fingerprints as described in this rule.

Statutory/Other Authority

ORS 696.022 & ORS 696.385

Statutes/Other Implemented

HB 2373, 2025 Regular Session

History

REA 5-2025, adopt filed 12/22/2025, effective 01/01/2026