Oklahoma Administrative Code Title 605 - Oklahoma Real Estate Commission
Overview of Title 605
Title 605 of the Oklahoma Administrative Code governs the operations of the Oklahoma Real Estate Commission (OREC), which regulates real estate professionals in the state. The Commission's authority is derived from the Oklahoma Real Estate License Code (59 O.S. § 858-101 et seq.), and its rules are codified in Title 605. These rules establish standards for licensing, conduct, education, and disciplinary procedures for real estate licensees.
Key Provisions and Administrative Procedures
Chapter 10 – Requirements, Standards, and Procedures
Subchapter 1 – General Provisions
Section 605:10-1-3 – Appeal of Administrative Decisions: This section outlines the process for appealing adverse administrative actions or decisions rendered by the Commission. Affected parties must file a written request for a hearing within thirty (30) days of notice of such action or decision. Justia
Subchapter 17 – Causes for Investigation; Hearing Process; Prohibited Acts; Discipline
Section 605:10-17-2 – Complaint Procedures: This section details the procedures for filing complaints against licensees or unlicensed individuals who violate provisions of the Real Estate License Code. Complaints can be filed by any person in writing on a form supplied by the Commission or may be initiated by the Commission on its own motion. Justia
Penalties and Disciplinary Actions
The Oklahoma Real Estate License Code provides the Commission with the authority to impose administrative fines on licensees for violations of the Code or its rules. According to 59 O.S. § 858-402:
Administrative Fines:
Fines range from a minimum of $100 to a maximum of $2,000 for each violation.
The total fine for all violations resulting from a single incident or transaction shall not exceed $5,000.
Fines must be paid within thirty (30) days of notification.
Failure to pay fines within the specified time may result in license suspension until the fine is paid. Casetext
Case Law: Snider v. Oklahoma Real Estate Commission
A notable case involving the Oklahoma Real Estate Commission is Snider v. State Oklahoma Real Estate Commission, 987 P.2d 1204 (1999). In this case, Kenneth W. Snider appealed a decision by the Commission that reprimanded him and assessed a $200 fine for making false and misleading statements in an advertising brochure, in violation of 59 O.S. § 858-312(2) and Rule 605:10-9-4(a)(5). The Oklahoma Supreme Court reviewed the case and concluded that the Commission's findings were arbitrary and capricious, as they were not supported by substantial evidence. The Court vacated the decision of the Commission, emphasizing the need for agency decisions to be based on substantial evidence. CaseLaw
Conclusion
Title 605 of the Oklahoma Administrative Code provides a comprehensive framework for the regulation of real estate professionals in Oklahoma. The Oklahoma Real Estate Commission enforces these rules to ensure ethical conduct, protect consumers, and maintain the integrity of the real estate industry. Licensees must adhere to these standards to avoid disciplinary actions, including fines and potential suspension or revocation of their licenses.
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