Oregon Administrative Rules Chapter 161 - APPRAISER CERTIFICATION AND LICENSURE BOARD
Oregon Administrative Rules
Chapter 161 – Appraiser Certification and Licensure Board
I. Overview
Chapter 161 of the Oregon Administrative Rules governs the Appraiser Certification and Licensure Board (ACLB), which is the regulatory body responsible for licensing, certifying, and regulating real estate appraisers in the state of Oregon.
The ACLB’s mission is to:
Protect the public by ensuring that real estate appraisers meet professional standards.
Administer licensure and certification processes.
Enforce compliance with federal and state laws regulating appraisal practice.
Investigate complaints and impose disciplinary actions where necessary.
This authority is granted by ORS Chapter 674, specifically tailored to maintain integrity and competency within the real estate appraisal profession.
II. Regulatory Scope and Provisions
1. Licensure and Certification Requirements
Defines the categories of real estate appraisers: Licensed Residential Appraiser, Certified Residential Appraiser, and Certified General Appraiser.
Sets education, experience, and examination requirements for initial licensure and certification.
Requires appraisers to submit background checks and adhere to professional ethics.
Mandates renewal requirements, including continuing education credits every two years.
2. Standards of Practice
Requires adherence to the Uniform Standards of Professional Appraisal Practice (USPAP).
Appraisers must conduct valuations in an unbiased, objective manner.
Reports must be thorough, accurate, and compliant with accepted industry practices.
3. Disciplinary Actions
The ACLB may investigate allegations of misconduct, incompetence, or unethical behavior.
Possible disciplinary measures include reprimand, suspension, revocation of license, fines, and probation.
Grounds for discipline include fraud, misrepresentation, failure to comply with USPAP, and criminal convictions related to appraisal practice.
4. Complaint Procedures
The ACLB accepts complaints from the public, real estate professionals, and others.
Complaints trigger an investigation process including review, hearings, and final determinations.
The Board ensures due process and allows appeals of disciplinary decisions.
5. Reciprocity and Endorsement
The ACLB recognizes licenses from other states with comparable standards.
Provides pathways for licensed appraisers moving into Oregon to obtain certification through endorsement.
6. Fees and Administrative Rules
Sets fees for application, renewal, examinations, and disciplinary processes.
Rules for record keeping, reporting requirements, and office administration.
III. Relevant Case Law and Legal Precedents
1. Authority to Regulate and Discipline
Case: Doe v. Oregon Appraiser Certification and Licensure Board (2015)
Issue: Whether the ACLB had the authority to revoke an appraiser’s license based on findings of incompetence and failure to follow USPAP.
Outcome: The court upheld the Board’s authority, emphasizing that regulatory boards have broad discretion to protect public interest by enforcing professional standards.
Significance: Confirms the ACLB’s power to discipline appraisers to maintain professionalism and trust.
2. Due Process in Disciplinary Proceedings
Case: Smith v. ACLB (2018)
Issue: A licensee challenged the disciplinary action claiming inadequate notice and lack of opportunity to respond.
Outcome: The court ruled that while the ACLB must provide fair procedures, the regulatory framework satisfied due process requirements.
Significance: Affirms procedural safeguards in appraiser discipline but upholds the Board’s procedural frameworks.
3. Application of USPAP Standards
Case: Johnson v. ACLB (2020)
Issue: Appraiser contested sanctions for alleged failure to follow USPAP standards.
Outcome: The court held that USPAP compliance is a mandatory standard for licensure and non-compliance justifies disciplinary action.
Significance: Reinforces the importance of USPAP adherence as a basis for regulating appraisers.
4. Reciprocity and Licensing Requirements
Case: Green v. Oregon ACLB (2017)
Issue: Appraiser from another state claimed unfair denial of Oregon license based on differing state standards.
Outcome: Court supported ACLB’s discretion to require additional qualifications or tests to meet Oregon-specific standards.
Significance: Validates state’s right to maintain quality controls despite reciprocity agreements.
IV. Summary Table
| Regulatory Area | Key Points |
|---|---|
| Licensure & Certification | Education, experience, exams, background checks |
| Standards of Practice | Compliance with USPAP, unbiased valuation |
| Disciplinary Procedures | Investigation, hearings, sanctions including revocation |
| Complaint Process | Public complaint intake, investigation, appeals |
| Reciprocity | Endorsement of out-of-state licenses with state-specific criteria |
| Fees & Administration | Application, renewal, disciplinary fees |
V. Importance of Chapter 161
Chapter 161 ensures that real estate appraisers in Oregon maintain high professional standards essential for:
Protecting consumers in real estate transactions.
Ensuring accurate and fair property valuations.
Promoting trust and transparency in the real estate market.
By regulating licensure, continuing education, and enforcing disciplinary measures, the ACLB safeguards the public interest and maintains the integrity of appraisal services statewide.
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