77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3099

                         Senate Bill 618

Sponsored by Senator WINTERS; Senators BAERTSCHIGER JR, FERRIOLI,
  GEORGE, GIROD, HANSELL, JOHNSON, KNOPP, KRUSE, OLSEN, THOMSEN

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Imposes certain requirements on disciplinary hearings conducted
by Appraiser Certification and Licensure Board.

                        A BILL FOR AN ACT
Relating to disciplinary action by the Appraiser Certification
  and Licensure Board.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2, 3 and 4 of this 2013 Act are added
to and made a part of ORS chapter 674. + }
  SECTION 2.  { + (1) All statements, memoranda, documents,
materials and other tangible evidence submitted by a complainant
to, or that are the product of an investigation conducted by, the
Appraiser Certification and Licensure Board for the purpose of
disciplining a state certified appraiser, a state licensed
appraiser or a state registered appraiser assistant under ORS
674.140 are subject to discovery and shall be provided by the
board to the certificate holder, licensee or registrant upon
request.
  (2) No less than two weeks before holding a contested case
hearing for the purpose of disciplining a certificate holder,
licensee or registrant under ORS 674.140, the board shall notify
the certificate holder, licensee or registrant of the rights of a
certificate holder, licensee or registrant under this section and
of the process by which discovery may be requested. + }
  SECTION 3.  { + Notwithstanding ORS 9.160, at a contested case
hearing for the purpose of disciplining a state certified
appraiser, a state licensed appraiser or a state registered
appraiser assistant under ORS 674.140, a certificate holder,
licensee or registrant may be represented by any person
designated by the certificate holder, licensee or registrant to
represent the certificate holder, licensee or registrant. + }
  SECTION 4.  { + (1) When a state certified appraiser, a state
licensed appraiser or a state registered appraiser assistant
prevails at a contested case hearing held pursuant to ORS
674.140, the Appraiser Certification and Licensure Board shall
pay the certificate holder, licensee or registrant for reasonable
fees and costs incurred by the certificate holder, licensee or
registrant during or for the hearing, including reasonable fees
for the payment of representation.

  (2) To receive a payment under this section, a certificate
holder, licensee or registrant must submit to the board an
accounting of the costs incurred by the certificate holder,
licensee or registrant during or for the hearing. + }
  SECTION 5.  { + The Appraiser Certification and Licensure Board
shall adopt rules to implement sections 2, 3 and 4 of this 2013
Act. + }
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