696.385 Power
of agency; rulemaking procedures.
The Real Estate Agency shall have the power to:
(1) Adopt a seal
by which it shall authenticate its proceedings.
(2) From time to
time, circulate among the real estate licensees of Oregon any material that the
agency may deem helpful or educational or proper for the guidance and welfare
of the real estate licensees.
(3) Make and
enforce rules as necessary to administer and enforce the provisions of, and
enforce and discharge the duties defined in, any law with the administration or
enforcement of which the agency is charged.
(4) Except as
provided in subsection (5) of this section, when the agency proposes to adopt,
amend or repeal a rule concerning real estate licensees, the agency shall:
(a) Submit a copy
of the proposed rule to the Real Estate Board at least 10 days prior to
publication of the notice of intended action required under ORS 183.335 for the
rule.
(b) Consider any
recommendations that the board, by majority vote, makes concerning the proposed
rule.
(c) Publish as
part of the statement of need in the matters any written comments submitted by
the board for publication under paragraph (b) of this subsection.
(5) Subsection
(4) of this section does not apply to a temporary rule that is adopted, amended
or suspended pursuant to ORS 183.335 (5). However, the agency shall submit to
the board a copy of any proposed temporary rule as soon as practicable and, to
the extent possible under the circumstances, consider any recommendations that
the board may make by majority vote regarding the temporary rule.
(6) Make
available to all real estate licensees, free of charge, training material on
all rules and laws the agency is charged with carrying out or enforcing. [1963
c.580 §48; 1965 c.617 §5; 1981 c.617 §16; 1985 c.565 §116; 2013 c.145 §14; 2017
c.234 §22; 2025 c.389 §25]
696.390 [Repealed by 1963 c.580 §103]
Notes of Decisions
COST Sec. v. Real Est. Agency, 15 P.3d 29 (Or. 2000).
· cites it 2× “[4] ORS 696.385 provides, in part: "The Real Estate Agency shall have the power to: " * * * * * "(3) Make and enforce any and all such reasonable rules as shall be deemed necessary to administer and enforce the provisions of, and enforce and discharge the duties defined in, any…”
Coast Sec. Mortg. Corp. v. Real Est. Agency, 15 P.3d 29 (Or. 2000).
· cites it 2× “ORS 696.385 provides, in part: "The Real Estate Agency shall have the power to: “(3) Make and enforce any and all such reasonable rules as shall be deemed necessary to administer and enforce the provisions of, and enforce and discharge the duties defined in, any law with the…”
REX - Real Est. Exch., Inc. v. Brown (D. Or. 2021).
“S”) § 696.385(3). The agency operates under the supervision and control of the Oregon Real Estate Commissioner (“Commissioner”), who is appointed by the Governor subject to confirmation by the Oregon Senate.”
Vincent v. Real Est. Div., 548 P.2d 180 (Or. Ct. App. 1976).
“ORS 696.385(3), 183.400(3). Inasmuch as it was made pursuant to the applicable law, revocation or suspension of licenses thereunder must be subject to the restrictions of the same applicable law.”
— Or. Rev. Stat. § 696.385(3) — 5 cases
COST Sec. v. Real Est. Agency, 15 P.3d 29 (Or. 2000).
“[4] ORS 696.385 provides, in part: "The Real Estate Agency shall have the power to: " * * * * * "(3) Make and enforce any and all such reasonable rules as shall be deemed necessary to administer and enforce the provisions of, and enforce and discharge the duties defined in, any…”
Coast Sec. Mortg. Corp. v. Real Est. Agency, 15 P.3d 29 (Or. 2000).
“ORS 696.385 provides, in part: "The Real Estate Agency shall have the power to: “(3) Make and enforce any and all such reasonable rules as shall be deemed necessary to administer and enforce the provisions of, and enforce and discharge the duties defined in, any law with the…”
REX - Real Est. Exch., Inc. v. Brown (D. Or. 2021).
“S”) § 696.385(3). The agency operates under the supervision and control of the Oregon Real Estate Commissioner (“Commissioner”), who is appointed by the Governor subject to confirmation by the Oregon Senate.”
Vincent v. Real Est. Div., 548 P.2d 180 (Or. Ct. App. 1976).
“ORS 696.385(3), 183.400(3). Inasmuch as it was made pursuant to the applicable law, revocation or suspension of licenses thereunder must be subject to the restrictions of the same applicable law.”
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