- (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 has occurred and a person subject to discipline under ORS 674.140 has committed the violation.
- (2) Before disciplining a person under ORS 674.140, 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 (2) before receiving a report under subsection (4) of this section.
(7) The board may not commence disciplinary proceedings under ORS 674.140 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 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.
Note: 674.145 was added to and made a part of ORS chapter 674 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
[2013 c.532 §2; 2019 c.114 §1]