OAR 161-006-0175: Enforcement Guidelines

The primary objective of the enforcement guidelines is to fairly and consistently apply appropriate sanctions for violations of Oregon Revised Statutes and Oregon Administrative Rules governing real estate appraisal activity. (1) Sanctions imposed by the Board are included in ORS 674.140 and 674.850. (2) A notice of proposed disciplinary action shall propose the presumptive sanction(s) provided by the guidelines unless there are substantial and compelling reason(s) to propose a departure. If the Notice departs from the presumptive sanctions, the Notice shall state the substantial and compelling reason(s) for the departure. (3) The Administrator or the Administrator’s designee shall have the authority to negotiate and approve a stipulated settlement at any time prior to issuance of a Final Order by the Board. If the parties stipulate to depart from the guidelines, the Administrator or the Administrator’s designee shall consider the purpose and principles of the guidelines and may agree to sanctions that are proportionate to the seriousness of the violations. (4) Departure from the guidelines shall also be allowed in issuance of a Proposed Order by an Administrative Law Judge and/or a Final Order by the Board upon a showing of substantial and compelling reason(s) for said departure. Substantial and compelling reason(s) shall be stated in the Proposed Order and/or Final Order. (5) In the event of second or subsequent violations of ORS 674.140(2) and/or 674.140(7), the Administrator shall not consider a prior Final Order that was issued more than five (5) years preceding the date of the second or subsequent notice of proposed sanctions.