Current through Register Vol. 63, No. 9, September 1, 2024
(1) Prior
to being issued a real estate marketing organization license, a real estate
marketing organization shall file the following information with the Real
Estate Commissioner, using an online application process which is available
through the Agency's website:
(a) The name of
the organization and any and all names under which the organization will engage
in real estate marketing activity;
(b) The address and telephone number of the
main office of the organization and the address or addresses and telephone
numbers of all locations at which the organization will engage in real estate
marketing activity;
(c) The names
and addresses of all owners of the real estate marketing organization and the
percentage of ownership for each owner if it is 10% or greater;
(d) If the organization is a partnership,
L.L.C. or corporation, the names and addresses of the members and/or
officers;
(e) The names of all
on-site managers acting on behalf of the real estate marketing organization;
and
(f) The name and address of all
land developments or other clients for whom real estate marketing will be
conducted; and
(g) The executed
independent contractor agreements for any telemarketing independent contractor
employees.
(2) The
following information shall be provided for each and every principal person of
the organization:
(a) Have you ever made
application for, or ever been issued a real estate license in the State of
Oregon? If yes, provide license type and date of application;
(b) Have you ever held a license or
registration in this or any other state or in a foreign country to engage in
any regulated occupation, trade or profession? If so, identify each such
license or registration, state whether it is current and in what state or
foreign country;
(c) Have you ever
used any name other than the one herein given, either initials, surname, maiden
name or alias? If so, please list;
(d) Are you the subject of any current
investigation, administrative sanction proceeding, hearing, trial or similar
action in progress at this time by any agency that has granted you a license or
registration to engage in a regulated occupation, trade or profession? If so,
explain and submit copies of documentation that describes the charges against
you;
(e) Have you or any
partnership or corporation in which you were a participant ever been
reprimanded, fined, had any license or registration suspended or revoked,
surrendered or resigned the license or registration, or in any way been
sanctioned or penalized by the agency issuing the license or registration? If
so, explain fully and submit a copy of the final order of the agency imposing
or accepting the action taken;
(f)
Have you ever entered a plea of nolo contendre, or been found guilty of, or
been convicted of a felony or misdemeanor, or other criminal offense or
offenses? Are you now awaiting trial or sentencing in any criminal proceeding?
If so, explain fully and submit a copy of all legal documentation describing
the charges and sanctions imposed for any and all offenses.
(3) In addition to the information
set forth in sections (1) and (2) of this rule, the real estate organization
shall submit the following with its license application:
(a) A full and complete list of the true
names of all real estate marketing employees whom it will be employing at the
time of license issuance;
(b) One
completed fingerprint card for each principal person of the real estate
marketing organization;
(c)
Documentation to satisfy the bonding requirements of ORS
696.606(3)
including, but not limited to, completion of the Real Estate Agency's Bond form
or Assignment of Security form and any supporting documentation required by the
Commissioner; and
(d) If the real
estate marketing organization is a nonresident real estate marketing
organization, a completed and executed irrevocable Consent to Service form;
and
(e) The appropriate fee
required by OAR 863-010-0640; and
(f) Any other information the Commissioner
may determine is necessary.
(4) The documentation providing the
information required by sections (1), (2), and (3) of this rule shall be
accompanied by the following verification executed by the owner of a sole
proprietorship, the partners of a partnership or an officer of a corporation:
"I acknowledge that the information contained in this application for a real
estate marketing organization license is true, correct, and complete to the
best of my knowledge."
(5)
Notification of any changes in the information required by sections (1), (2)
and (3) of this rule must be filed immediately with the Commissioner.
Statutory/Other Authority: Sec. 4(1), Ch. 217, OL 1995
Statutes/Other Implemented: ORS
696.606
