Oklahoma § 59-738.6 - Actions for declaratory rulings

Full text of Oklahoma Oklahoma Statutes § 59-738.6 — Actions for declaratory rulings, with citation guidance and answers to common questions.

§ 59-738.6. Actions for declaratory rulings

Notwithstanding any other provision of law, no board referred to

in Section 738.1 of Title 59 of the Oklahoma Statutes may bring or

maintain any action for declaratory ruling against any person or

entity, including any agency of this state, other than licensees of

that board or persons holding themselves out as licensees of that

board, to determine if any act performed by such person or entity

constitutes the unauthorized practice of a healing art regulated by

that board.

Oklahoma Statutes - Title 59. Professions and Occupations

The provisions of this section shall not be construed to impair

or in any manner affect any civil action for a declaratory ruling

brought or for any actions arising pursuant to Section 491.1 of

Title 59 of the Oklahoma Statutes prior to September 1, 1996.

Added by Laws 1996, c. 6, § 1, eff. Sept. 1, 1996.

§59-858-101. Title and construction.

This Code shall be known and cited as "The Oklahoma Real Estate

License Code".

Laws 1974, c. 121, § 101, operative July 1, 1974.

§59-858-102. Definitions.

When used in this Code, unless the context clearly indicates

otherwise, the following words and terms shall be construed as

having the meanings ascribed to them in this section:

1. The term “real estate” shall include any interest or estate

in real property, within or without the State of Oklahoma, whether

vested, contingent or future, corporeal or incorporeal, freehold or

nonfreehold, and including leaseholds, options and unit ownership

estates to include condominiums, time-shared ownerships and

cooperatives; provided, however, that the term real estate shall not

include oil, gas or other mineral interests, or oil, gas or other

mineral leases; and provided further, that the provisions of this

Code shall not apply to any oil, gas, or mineral interest or lease

or the sale, purchase or exchange thereof;

2. The term “broker” shall include any person, partnership,

limited liability company, association, corporation, or business

entity, foreign or domestic, who for a fee, commission, or other

valuable consideration, or who with the intention or expectation of

receiving or collecting a fee, commission, or other valuable

consideration, performs any of the following acts:

a.

sells, exchanges, purchases, rents, or leases real

estate,

b.

offers to sell, exchange, purchase, rent, or lease

real estate,

c.

negotiates or attempts to negotiate the listing, sale,

exchange, purchase, rent, or lease of real estate,

d.

lists or offers, attempts, or agrees to list real

estate for sale, exchange, rent or lease,

e.

auctions or offers, attempts, or agrees to auction

real estate,

f.

controls the acceptance or deposit of rent from a

resident of a single-family residential real property

unit,

g.

solicits listings of places for rent or lease,

h.

solicits for prospective tenants, purchasers, or

sellers, or

Oklahoma Statutes - Title 59. Professions and Occupations

i.

advertises or holds himself or herself out as engaged

in such activities;

3. The term “broker associate” shall include any person who has

qualified for a license as a broker associate, and who is employed

or engaged by, associated as an independent contractor with, or on

behalf of and with the permission of a broker to perform any act set

out in the definition of a broker;

4. The term “business day” means any calendar day except for

Saturday, Sunday, or any public holiday recognized by state or

federal law;

5. The term “contract” means any agreement or arrangement,

including power of attorney, for the purchase, sale, or assignment

of real estate;

6. The term “homeowner” means any individual, entity, trust, or

partnership holding title to residential property;

7. The term “real estate sales associate” shall include any

person having a renewable license and employed or engaged by, or

associated as an independent contractor with, or on behalf of, a

broker to do or deal in any act, acts or transactions set out in the

definition of a broker;

8. “Provisional sales associate” shall include any person who

has been licensed after June 30, 1993, employed or engaged by, or

associated as an independent contractor with, or on behalf of, a

broker to do or deal in any act, acts or transactions set out in the

definition of a broker and subject to an additional forty-fiveclock-hour postlicensing educational requirement to be completed

within the first twelve-month license term. However, the Oklahoma

Real Estate Commission shall promulgate rules for those persons

called into active military service for purposes of satisfying the

postlicensing educational requirement. The license of a provisional

sales associate shall be nonrenewable unless the postlicensing

requirement is satisfied prior to the expiration date of the

license. Further, the terms sales associate and provisional sales

associate shall be synonymous in meaning except where specific

exceptions are addressed in the Oklahoma Real Estate License Code;

9. The term “successful completion” shall include prelicense,

postlicense, and distance education courses in which an approved

public or private school entity has examined the individual, to the

satisfaction of the entity and standards as established by the

Commission, in relation to the course material presented during the

offering;

10. The term “renewable license” shall refer to a broker,

broker associate or sales associate who is a holder of such license

or to a provisional sales associate who has completed the

educational requirements within the required time period as stated

in the Code;

Oklahoma Statutes - Title 59. Professions and Occupations

11. The term “nonrenewable license” shall refer to a

provisional sales associate who is the holder of such license and

who has not completed the postlicense educational requirement within

the required time period as stated in the Code;

12. The term “surrendered license” shall refer to a real estate

license which is surrendered, upon the request of the licensee, due

to a pending investigation or disciplinary proceedings;

13. The term “canceled license” shall refer to a real estate

license which is canceled, upon the request of the licensee and

approval of the Commission, due to a personal reason or conflict;

14. The term “publicly market” shall include all advertisements

and marketing conducted in a public or open manner or place;

15. “Licensee” shall include any person who performs any act,

acts or transactions set out in the definition of a broker and

licensed under the Oklahoma Real Estate License Code;

16. The word “Commission” shall mean the Oklahoma Real Estate

Commission;

17. The word “person” shall include and mean every individual,

partnership, association or corporation, foreign or domestic;

18. Masculine words shall include the feminine and neuter, and

the singular includes the plural;

19. The word “associate” shall mean a broker associate, sales

associate or provisional sales associate; and

20. The term “wholesaler” means any individual or entity

engaging in the business of securing, negotiating, or facilitating

the sale of residential real estate for the primary purpose of

transferring, assigning, or selling their equitable interest in the

property, directly or indirectly, for financial profit. This

includes any person or entity that:

a.

enters into a contract to purchase residential real

estate with the intent of assigning or selling the

contractual rights to another party before taking

possession or legal ownership of such residential real

estate, and

b.

engages in double closing. As used in this paragraph,

“double closing” means the wholesaler simultaneously

closes two separate transactions on the same property,

one with the original seller and one with the end

buyer, without the intent to reside in or otherwise

materially improve such residential real estate.

Added by Laws 1974, c. 121, § 102, operative July 1, 1974. Amended

by Laws 1991, c. 43, § 2, eff. July 1, 1993; Laws 1992, c. 94, § 1,

eff. July 1, 1993; Laws 1994, c. 149, § 1, eff. July 1, 1994; Laws

1998, c. 60, § 1, eff. Jan. 1, 1999; Laws 1999, c. 26, § 1, eff.

Nov. 1, 1999; Laws 2001, c. 235, § 1, eff. Aug. 1, 2001; Laws 2004,

c. 142, § 1, eff. Nov. 1, 2004; Laws 2017, c. 248, § 1, eff. Nov. 1,

Oklahoma Statutes - Title 59. Professions and Occupations

2017; Laws 2024, c. 159, § 1, eff. Nov. 1, 2024; Laws 2025, c. 301,

§ 1, eff. Nov. 1, 2025.

§59-858-201. Oklahoma Real Estate Commission.

A. There is hereby re-created the Oklahoma Real Estate

Commission, which shall consist of seven (7) members. The

Commission shall be the sole governmental entity, state, county or

municipal, which shall have the authority to regulate and issue real

estate licenses in the State of Oklahoma.

B. All members of the Commission shall be citizens of the

United States and shall have been residents of the State of Oklahoma

for at least three (3) years prior to their appointment.

C. Five members shall be licensed real estate brokers and shall

have had at least five (5) years’ active experience as real estate

brokers prior to their appointment and be engaged full time in the

real estate brokerage business. One member shall be a lay person

not in the real estate business, and one member shall be an active

representative of a school of real estate located within the State

of Oklahoma and approved by the Oklahoma Real Estate Commission.

For purposes of this paragraph, “brokers” shall be limited to the

license types of managing broker, proprietor broker, or branch

broker.

D. No more than two members shall be appointed from the same

congressional district according to the latest congressional

redistricting act. However, when congressional districts are

redrawn, each member appointed prior to July 1 of the year in which

such modification becomes effective shall complete the current term

of office and appointments made after July 1 of the year in which

such modification becomes effective shall be based on the redrawn

districts. No appointments may be made after July 1 of the year in

which such modification becomes effective if such appointment would

result in more than two members serving from the same modified

district.

Added by Laws 1974, c. 121, § 201, operative July 1, 1974. Amended

by Laws 1979, c. 122, § 1, emerg. eff. May 1, 1979; Laws 1982, c.

194, § 1, emerg. eff. April 26, 1982; Laws 1985, c. 231, § 1,

operative July 1, 1985; Laws 1991, c. 39, § 1, emerg. eff. April 3,

1991; Laws 1991, c. 335, § 17, emerg. eff. June 15, 1991; Laws 1994,

c. 76, § 1, eff. July 1, 1994; Laws 1997, c. 38, § 1; Laws 1998, c.

60, § 2, eff. Jan. 1, 1999; Laws 2002, c. 375, § 9, eff. Nov. 5,

2002; Laws 2003, c. 229, § 2, emerg. eff. May 20, 2003; Laws 2009,

c. 19, § 1; Laws 2013, c. 296 § 1, emerg. eff. May 16, 2013; Laws

2017, c. 297, § 1; Laws 2021, c. 558, § 6, eff. July 1, 2021; Laws

2024, c. 14, § 1; Laws 2024, c. 159, § 2, eff. Nov. 1, 2024.

NOTE: Laws 1991, c. 43, § 1 repealed by Laws 1991, c. 335, § 37,

emerg. eff. June 15, 1991. Laws 2003, c. 13, § 1 repealed by Laws

2003, c. 229, § 10, emerg. eff. May 20, 2003.

Oklahoma Statutes - Title 59. Professions and Occupations

§59-858-202.

Appointment - Tenure - Vacancies - Removal.

A. Members of the Oklahoma Real Estate Commission

shall be appointed by the Governor with the advice and

consent of the Senate.

B. Members of the Commission shall serve until their terms

expire. The terms of the Commission members shall be for four (4)

years and until their successors are appointed and qualified.

C. Each successor member and any vacancy which may occur in the

membership of the Commission shall be filled by appointment of the

Governor with the advice and consent of the Senate.

D. The Governor may select appointees from a list of not less

than two qualified persons submitted by a statewide organization

representing realtors.

E. Each person who shall have been appointed to fill a vacancy

shall serve for the remainder of the term for which the member whom

he or she will succeed was appointed and until his or her successor,

in turn, shall have been appointed and shall have qualified.

F. Members of the Commission may be removed from office by the

Governor for inefficiency, neglect of duty or malfeasance in office

in the manner provided by law for the removal of officers not

subject to impeachment.

Added by Laws 1974, c. 121, § 202, operative July 1, 1974. Amended

by Laws 1982, c. 194, § 2, emerg. eff. April 26, 1982; Laws 1985, c.

231, § 2, operative July 1, 1985; Laws 1998, c. 60, § 3, eff. Jan.

1, 1999; Laws 2007, c. 42, § 1, eff. Jan. 1, 2008; Laws 2015, c. 25,

§ 1, eff. Nov. 1, 2015.

§59-858-204. Officers - Employees - Duties and compensation Meetings.

A. The members of the Commission, within thirty (30) days after

their appointment, shall organize and elect a chairman and vicechairman. Annually thereafter the offices of chairman and vicechairman shall be attained through election by Commission members.

B. The Commission, as soon after the election of the chairman

and vice-chairman as practicable, shall employ a secretary-treasurer

and such clerks and assistants as shall be deemed necessary to

discharge the duties imposed by the provisions of this Code, and

shall determine their duties and fix their compensation subject to

the general laws of this state.

C. The chairman of the Commission, and in his absence the vicechairman, shall preside at all meetings of the Commission and shall

Oklahoma Statutes - Title 59. Professions and Occupations

execute such duties as the Commission, by its rules, shall

prescribe.

D. The secretary-treasurer shall keep a complete and permanent

record of all proceedings of the Commission and perform such other

duties as the Commission shall prescribe.

Added by Laws 1974, c. 121, § 204, operative July 1, 1974. Amended

by Laws 1982, c. 194, § 3, emerg. eff. April 26, 1982; Laws 1998, c.

60, § 4, eff. Jan. 1, 1999.

§59-858-205. Oklahoma Real Estate Commission Revolving Fund.

A. There is hereby created in the State Treasury a revolving

fund for the Oklahoma Real Estate Commission, to be designated the

"Oklahoma Real Estate Commission Revolving Fund". The fund shall

consist of all monies received by the Oklahoma Real Estate

Commission other than the Oklahoma Real Estate Education and

Recovery Fund fees or appropriated funds. The revolving fund shall

be a continuing fund not subject to fiscal year limitations and

shall be under the control and management of the Oklahoma Real

Estate Commission.

B. The Oklahoma Real Estate Commission may invest all or part

of the monies of the fund in securities offered through the

"Oklahoma State Treasurer's Cash Management Program". Any interest

or dividends accruing from the securities and any monies generated

at the time of redemption of the securities shall be deposited in

the General Operating Fund of the Oklahoma Real Estate Commission.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Oklahoma Real

Estate Commission.

C. Expenditures from this fund shall be made pursuant to the

purposes of this Code and without legislative appropriation.

Warrants for expenditures shall be drawn by the State Treasurer

based on claims signed by an authorized employee or employees of the

Oklahoma Real Estate Commission and approved for payment by the

Director of the Office of Management and Enterprise Services.

Added by Laws 1974, c. 121, § 205, operative July 1, 1974. Amended

by Laws 1977, c. 182, § 1, eff. July 1, 1977; Laws 1979, c. 47, §

39, emerg. eff. April 9, 1979; Laws 1992, c. 94, § 2, eff. July 1,

1992; Laws 1998, c. 60, § 5, eff. Jan. 1, 1999; Laws 2010, c. 413, §

19, eff. July 1, 2010; Laws 2012, c. 304, § 268.

§59-858-206. Suits - Service - Seal - Certified copies - Location

of office.

A. The Commission may sue and be sued in its official name, and

service of summons upon the secretary-treasurer of the Commission

shall constitute lawful service upon the Commission.

B. The Commission shall have a seal which shall be affixed to

all licenses, certified copies of records and papers on file, and to

Oklahoma Statutes - Title 59. Professions and Occupations

such other instruments as the Commission may direct, and all courts

shall take judicial notice of such seal.

C. Copies of records and proceedings of the Commission and all

papers on file in the office, certified under the seal, shall be

received as evidence in all courts of record.

D. The office of the Commission shall be at Oklahoma City,

Oklahoma.

Added by Laws 1974, c. 121, § 206, operative July 1, 1974. Amended

by Laws 1998, c. 60, § 6, eff. Jan. 1, 1999.

§59-858-207. Annual report of fees.

The Commission shall at the close of each fiscal year file with

the Governor and State Auditor and Inspector a true and correct

report of all fees charged, collected and received during the

previous fiscal year, and shall pay into the General Revenue Fund of

the State Treasury ten percent (10%) of the license fees collected

and received during the fiscal year.

Amended by Laws 1982, c. 194, § 4, emerg. eff. April 26, 1982; Laws

1983, c. 289, § 1, emerg. eff. June 24, 1983; Laws 1985, c. 231, §

4, operative July 1, 1985; Laws 1990, c. 264, § 125, operative July

1, 1990.

§59-858-208. Powers and duties of Commission.

The Oklahoma Real Estate Commission shall have the following

powers and duties:

1. To promulgate rules, prescribe administrative fees by rule,

and make orders as it may deem necessary or expedient in the

performance of its duties;

2. To administer or cause to be administered examinations to

persons who apply for the issuance of licenses;

3. To sell to other entities or governmental bodies, not

limited to the State of Oklahoma, computer testing and license

applications to recover expended research and development costs;

4. To issue licenses in the form the Commission may prescribe

to persons who have passed examinations or who otherwise are

entitled to such licenses;

5. To issue licenses to and regulate the activities of real

estate brokers, provisional sales associates, sales associates,

branch offices, nonresidents, associations, corporations, and

partnerships;

6. Upon showing good cause as provided for in The Oklahoma Real

Estate License Code, to discipline licensees, instructors and real

estate school entities by:

a.

reprimand,

b.

probation for a specified period of time,

Oklahoma Statutes - Title 59. Professions and Occupations

c.

requiring education in addition to the educational

requirements provided by Section 858-307.2 of this

title,

d.

suspending real estate licenses and approvals for

specified periods of time,

e.

revoking real estate licenses and approvals,

f.

imposing administrative fines pursuant to Section 858402 of this title, or

g.

any combination of discipline as provided by

subparagraphs a through f of this paragraph;

7. Upon showing good cause, to modify any sanction imposed

pursuant to the provisions of this section and to reinstate

licenses;

8. To conduct, for cause, disciplinary proceedings;

9. To prescribe penalties as it may deem proper to be assessed

against licensees for the failure to pay the license renewal fees as

provided for in this Code;

10. To initiate the prosecution of any person who violates any

of the provisions of this Code;

11. To approve instructors and organizations offering courses

of study in real estate and to further require them to meet

standards to remain qualified as is necessary for the administration

of this Code;

12. To contract with attorneys and other professionals to carry

out the functions and purposes of this Code;

13. To apply for injunctions and restraining orders to enforce

the provisions of applicable laws, rules, and regulations for

violations of the Code or the rules of the Commission;

14. To create an Oklahoma Real Estate Contract Form Committee

by rule that will be required to draft and revise real estate

purchase and/or lease contracts and any related addenda for

voluntary use by real estate licensees;

15. To enter into contracts and agreements for the payment of

food and other reasonable expenses as authorized in the State Travel

Reimbursement Act necessary to host, conduct, or participate in

meetings or training sessions as is reasonable for the

administration of this Code;

16. To conduct an annual performance review of the Executive

Director and submit the report to the Legislature;

17. To enter into reciprocal agreements with other real estate

licensing regulatory jurisdictions with equivalent licensing,

education and examination requirements;

18. To issue cease and desist orders to any person or business

entity that is in violation of any provision of the Oklahoma Real

Estate License Code or administrative rule; and

19. To contract with debt collection attorneys or debt

collection entities to recover unpaid administrative fines.

Oklahoma Statutes - Title 59. Professions and Occupations

Added by Laws 1974, c. 121, § 208, operative July 1, 1974. Amended

by Laws 1980, c. 165, § 1, eff. Oct. 1, 1980; Laws 1984, c. 74, § 1,

eff. Nov. 1, 1984; Laws 1989, c. 235, § 2, emerg. eff. May 12, 1989;

Laws 1990, c. 264, § 126, operative July 1, 1990; Laws 1991, c. 43,

§ 3, eff. July 1, 1993; Laws 1993, c. 54, § 1, eff. Sept. 1, 1993;

Laws 1994, c. 149, § 2, eff. July 1, 1995; Laws 1996, c. 159, § 1,

eff. Nov. 1, 1996; Laws 2001, c. 235, § 2, eff. Aug. 1, 2001; Laws

2005, c. 85, § 1, eff. Nov. 1, 2005; Laws 2007, c. 42, § 2, eff.

Jan. 1, 2008; Laws 2008, c. 274, § 1, eff. Nov. 1, 2008; Laws 2024,

c. 159, § 3, eff. Nov. 1, 2024.

§59-858-209. Compliance with the Administrative Procedures Act.

A. In the exercise of all powers and the performance of all

duties provided in this Code, the Commission shall comply with the

procedures provided in the Administrative Procedures Act. Appeals

shall be taken as provided in said act.

B. The Commission may designate and employ a hearing examiner

or examiners who shall have the power and authority to conduct such

hearings in the name of the Commission at any time and place subject

to the provisions of this section and any applicable rules or orders

of the Commission. No person shall serve as a hearing examiner in

any proceeding in which any party to the proceeding is, or at any

time has been, a client of the hearing examiner or of any firm,

partnership or corporation with which the hearing examiner is, or at

any time has been, associated. No person who acts as a hearing

examiner shall act as attorney for the Commission in any court

proceeding arising out of any hearing in which he acted as hearing

examiner.

C. In any hearing before the Commission, the burden of proof

shall be upon the moving party.

Added by Laws 1974, c. 121, § 209, operative July 1, 1974. Amended

by Laws 1998, c. 60, § 7, eff. Jan. 1, 1999.

§59-858-301. License required – Exceptions.

It shall be unlawful for any person to act as a real estate

licensee, or to hold himself or herself out as such, unless the

person shall have been licensed to do so under the Oklahoma Real

Estate License Code. For the purposes of this section, it shall be

considered acting as a real estate licensee for any person,

partnership, trust, association, limited liability company, or

corporation, or the partners, officers or employees of any

partnership, trust, association, limited liability company, or

corporation, to publicly market for sale an equitable interest in a

contract for the purchase of real property between a property owner

and a prospective purchaser. However, nothing in this section

shall:

Oklahoma Statutes - Title 59. Professions and Occupations

1. Prevent any person, partnership, trust, association, limited

liability company, or corporation, or the partners, officers or

employees of any partnership, trustees or beneficiaries of any

trust, association, limited liability company, or corporation, from:

a.

acquiring real estate for its own use,

b.

selling, renting, leasing, exchanging, or offering to

sell, rent, lease, or exchange any real estate so

owned or leased as the owner, lessor, or lessee, or

c.

performing any acts with respect to such real estate

when such acts are performed in the regular course of,

or as an incident to, the management, ownership, or

sales of such real estate and the investment therein;

however, it shall be prohibited for any person,

partnership, trust, association, limited liability

company, or corporation, or the officers or employees

of any partnership, trustees, or beneficiaries of any

trust, association, limited liability company, or

corporation to publicly market for sale an equitable

interest in a contract for the purchase of real

property between a property owner and a prospective

purchaser without holding an active real estate

license;

2. Apply to persons acting as the attorney-in-fact for the

owner of any real estate authorizing the final consummation by

performance of any contract for the sale, lease or exchange of such

real estate;

3. In any way prohibit any attorney-at-law from performing the

duties of the attorney as such, nor shall this Code prohibit a

receiver, trustee in bankruptcy, administrator, executor, or his or

her attorney, from performing his or her duties, or any person from

performing any acts under the order of any court, or acting as a

trustee under the terms of any trust, will, agreement or deed of

trust;

4. Apply to any person acting as the resident manager for the

owner or an employee acting as the resident manager for a licensed

real estate broker managing an apartment building, duplex, apartment

complex or court, when such resident manager resides on the premises

and is engaged in the leasing of property in connection with the

employment of the resident manager;

5. Apply to any person who engages in such activity on behalf

of a corporation or governmental body, to acquire easements, rightsof-way, leases, permits and licenses, including any and all

amendments thereto, and other similar interests in real estate, for

the purpose of, or facilities related to, transportation,

communication services, cable lines, utilities, pipelines, or oil,

gas, and petroleum products;

Oklahoma Statutes - Title 59. Professions and Occupations

6. Apply to any person who engages in such activity in

connection with the acquisition of real estate on behalf of an

entity, public or private, which has the right to acquire the real

estate by eminent domain;

7. Apply to any person who is a resident of an apartment

building, duplex, or apartment complex or court, when the person

receives a resident referral fee. As used in this paragraph, a

“resident referral fee” means a nominal fee not to exceed One

Hundred Dollars ($100.00), offered to a resident for the act of

recommending the property for lease to a family member, friend, or

coworker;

8. Apply to any person or entity managing a transient lodging

facility. For purposes of this paragraph, “transient lodging

facility” means a furnished room or furnished suite of rooms which

is rented to a person on a daily basis, not as a principal

residence, for a period less than thirty (30) days; or

9. Apply to employees of a licensed real estate broker who

lease residential housing units only to eligible persons who qualify

through a state or federal housing subsidized program to lease the

property in an affordable housing development project. “Affordable

housing development project” means a housing development of four or

more units constructed for lease to specifically eligible persons as

required by the particular federal or state housing program,

including, but not limited to, the U.S. Department of Housing and

Urban Development, the U.S. Department Agriculture Rural

Development, the U.S. Department of Treasury Internal Revenue

Service, or the Oklahoma Housing Finance Agency.

Added by Laws 1974, c. 121, § 301, operative July 1, 1974. Amended

by Laws 1977, c. 68, § 1; Laws 1997, c. 401, § 13, eff. Nov. 1,

1997; Laws 1998, c. 60, § 8, eff. Jan. 1, 1999; Laws 2006, c. 313, §

1, eff. Nov. 1, 2006; Laws 2007, c. 174, § 1, eff. Nov. 1, 2007;

Laws 2010, c. 114, § 1, eff. July 1, 2010; Laws 2011, c. 236, § 1;

Laws 2021, c. 378, § 1, eff. Nov. 1, 2021; Laws 2024, c. 159, § 4,

eff. Nov. 1, 2024.

§59-858-301.1. Eligibility for license - Applicants convicted of

criminal offenses - Time periods for disqualification - Procedure –

Definitions.

A. Any applicant convicted of any crimes defined in Section

13.1 of Title 21 of the Oklahoma Statutes shall not be eligible to

obtain a real estate license within twenty (20) years of the

completion of any criminal sentence, including parole and probation.

B. Any applicant convicted of a felony crime that substantially

relates to the occupation of a real estate agent and poses a

reasonable threat to public safety shall not be eligible to obtain a

real estate license within ten (10) years of the completion of any

criminal sentence, including parole and probation.

Oklahoma Statutes - Title 59. Professions and Occupations

C. For the purposes of this section, the term "applicant" shall

mean any person making an application for original licensure as a

provisional sales associate, sales associate, broker associate, or

broker, and shall not apply to any licensee seeking renewal of a

current license.

D. Any applicant with a felony conviction shall not

automatically receive a license after the timelines set forth in

this section, but may be licensed in accordance with the licensing

provisions set forth in the Oklahoma Real Estate License Code and

Rules.

E. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.

Added by Laws 2009, c. 133, § 1, eff. Nov. 1, 2009. Amended by Laws

2019, c. 363, § 32, eff. Nov. 1, 2019.

§59-858-301.2. Notification of Commission of conviction or plea of

guilty or nolo contendere to felony offense.

Every licensed person pursuant to the provisions of the Oklahoma

Real Estate License Code shall notify the Commission in writing of

the conviction or plea of guilty or nolo contendere to any felony

offense within thirty (30) days after the plea is taken and also

within thirty (30) days of the entering of an order of judgment and

sentencing.

Added by Laws 2009, c. 133, § 2, eff. Nov. 1, 2009.

§59-858-302. Eligibility for license as provisional sales associate

- Qualifications - Examination - Posteducation requirement.

A. Any person eighteen (18) years of age or older who shall

submit to the Commission evidence of successful completion of ninety

(90) clock hours or its equivalent as determined by the Commission

of basic real estate instruction in a course of study approved by

the Commission, may apply to the Commission to take an examination

for the purpose of securing a license as a provisional sales

associate. The education required in this subsection shall only be

valid for a period of three (3) years from the date the school

certified successful completion of the course; thereafter, the

applicant shall be required to successfully complete an additional

ninety (90) clock hours or its equivalent in basic real estate

instruction.

Oklahoma Statutes - Title 59. Professions and Occupations

B. Application shall be made upon forms prescribed by the

Commission and shall be accompanied by an application fee as

provided for in this Code and all information and documents the

Commission may require.

C. The applicant shall appear in person before the Commission

for an examination which shall be in the form and inquire into the

subjects the Commission shall prescribe.

D. If it shall be determined that the applicant shall have

passed the examination, received final approval of the application,

and paid the appropriate license fee provided for in this Code along

with the Oklahoma Real Estate Education and Recovery Fund fee, the

Commission shall issue to the applicant a provisional sales

associate license.

E. Following the issuance of a provisional sales associate

license, the licensee shall then submit to the Commission, prior to

the expiration of the provisional license, evidence of successful

completion of forty-five (45) clock hours or its equivalent as

determined by the Commission of postlicense education real estate

instruction in a course(s) of study approved by the Commission. A

provisional sales associate who fails to submit evidence of

compliance with the postlicense education requirement pursuant to

this section, prior to the first expiration date of the provisional

sales associate license, shall not be entitled to renew such license

for another license term. However, the Commission shall promulgate

rules for those persons called into active military service for

purposes of satisfying the postlicense education requirement.

Added by Laws 1974, c. 121, § 302, operative July 1, 1974. Amended

by Laws 1977, c. 182, § 3, eff. July 1, 1977; Laws 1980, c. 165, §

2, eff. July 1, 1981; Laws 1991, c. 43, § 4, eff. July 1, 1993; Laws

1998, c. 60, § 9, eff. Jan. 1, 1999; Laws 2004, c. 142, § 2, eff.

Nov. 1, 2004; Laws 2005, c. 59, § 1, eff. Nov. 1, 2006; Laws 2013,

c. 173, § 1, eff. Nov. 1, 2013; Laws 2019, c. 363, § 33, eff. Nov.

1, 2019; Laws 2024, c. 159, § 5, eff. Nov. 1, 2024.

§59-858-303. Eligibility for license as real estate broker Examination.

A. Applicants for a broker license who hold a sales associate

license or are not currently licensed shall meet the following

requirements:

1. Have two (2) years’ of active licensure within the previous

five (5) years or its equivalent;

2. Submit to the Commission evidence of successful completion

of ninety (90) clock hours or its equivalent as determined by the

Commission of advanced real estate instruction in a course of study

approved by the Commission and completion of the Broker in Charge

course as defined in the Code. The education required in this

subsection shall only be valid for a period of three (3) years from

Oklahoma Statutes - Title 59. Professions and Occupations

the date the school certified successful completion of the course;

thereafter, the applicant shall be required to successfully complete

an additional ninety (90) clock hours or its equivalent in advanced

real estate instruction;

3. Provide documentation verifying ten real estate transactions

within the past five (5) years or the equivalent as determined by

the Commission. For the purposes of this subsection only,

transaction shall be defined as the completed sale, exchange,

purchase, or lease of real estate and shall be demonstrated on forms

developed by the Commission; and

4. Apply to the Commission to take an examination for the

purpose of securing a license as a broker.

B. Application shall be made upon forms prescribed by the

Commission and shall be accompanied by fees as provided for in this

Code and all information and documents the Commission may require.

C. If the applicant has passed the examination, received final

approval of the application, and paid the appropriate fees provided

for in this Code along with the Oklahoma Real Estate Education and

Recovery Fund fee, the Commission shall issue to the applicant a

broker license.

D. Applicants for a broker license who hold a broker associate

license shall meet the following requirements:

1. Have two (2) years’ active licensure within the previous

five (5) years, or its equivalent;

2. Submit to the Commission evidence of successful completion

of the Broker in Charge course as defined in the Code; and

3. Provide documentation verifying ten real estate transactions

within the past five (5) years or the equivalent as determined by

the Commission. For the purposes of this subsection only,

transaction shall be defined as the completed sale, exchange,

purchase, or lease of real estate and shall be demonstrated on forms

developed by the Commission.

E. Application shall be made upon forms prescribed by the

Commission and shall be accompanied by fees as provided for in this

Code and all information and documents the Commission may require.

F. If the applicant has received final approval of the

application, and paid the appropriate fee provided for in this Code

along with the Oklahoma Real Estate Education and Recovery Fund fee,

the Commission shall issue to the applicant a broker license.

Added by Laws 1974, c. 121, § 303, operative July 1, 1974. Amended

by Laws 1977, c. 182, § 4, eff. July 1, 1977; Laws 1980, c. 165, §

3, eff. July 1, 1981; Laws 1982, c. 194, § 5, emerg. eff. April 26,

1982; Laws 1991, c. 43, § 5, eff. July 1, 1993; Laws 1992, c. 94, §

3, eff. July 1, 1993; Laws 1998, c. 60, § 10, eff. Jan. 1, 1999;

Laws 2005, c. 59, § 2, eff. Nov. 1, 2006; Laws 2013, c. 173, § 2,

eff. Nov. 1, 2013; Laws 2014, c. 108, § 1, eff. Nov. 1, 2014; Laws

Oklahoma Statutes - Title 59. Professions and Occupations

2017, c. 248, § 2, eff. Nov. 1, 2017; Laws 2019, c. 363, § 34, eff.

Nov. 1, 2019; Laws 2024, c. 159, § 6, eff. Nov. 1, 2024.

§59-858-303A. Eligibility for license as a broker associate.

A. Applicants for a broker associate license shall meet the

following requirements:

1. Hold a renewable broker associate or sales associate license

and have two (2) years’ active licensure within the previous five

(5) years as a sales associate or provisional sales associate, or

its equivalent;

2. Submit to the Commission evidence of successful completion

of ninety (90) clock hours, or its equivalent as determined by the

Commission, of advanced real estate instruction in a course of study

approved by the Commission. The education required in this

subsection shall only be valid for a period of three (3) years from

the date the school certified successful completion of the course;

thereafter, the applicant shall be required to successfully complete

an additional ninety (90) clock hours or its equivalent in advanced

real estate instruction; and

3. Apply to the Commission to take an examination for the

purpose of securing a license as a broker associate.

B. Application shall be made upon forms prescribed by the

Commission and shall be accompanied by fees as provided for in this

Code and all information and documents the Commission may require.

C. The applicant shall appear in person for an examination

which shall be prescribed by the Commission.

D. If the applicant has passed the examination, received final

approval of the application, and paid the appropriate fees provided

for in this Code along with the Oklahoma Real Estate Education and

Recovery Fund fee, the Commission shall issue to the applicant a

broker associate license.

Added by Laws 2017, c. 248, § 3, eff. Nov. 1, 2017. Amended by Laws

2019, c. 363, § 35, eff. Nov. 1, 2019; Laws 2024, c. 159, § 7, eff.

Nov. 1, 2024.

§59-858-303B. Accounting of expenditure for services.

Any real estate broker who charges and collects any fees in

advance of the services provided by the broker shall provide a

detailed accounting of expenditures to the person such services are

performed for within ten (10) days after the time specified to

perform such services or upon written request from person for whom

services are performed for, but no longer than one (1) year from

date of contract for such services.

Added by Laws 1985, c. 231, § 6, operative July 1, 1985.

§59-858-304. Evidence of successful completion of basic or advanced

real estate instruction - Syllabus of instruction.

Oklahoma Statutes - Title 59. Professions and Occupations

A. A certified transcript from an institution of higher

education, accredited by the Oklahoma State Regents for Higher

Education or the corresponding accrediting agency of another state,

certifying to the successful completion of a six-academic-hour basic

course of real estate instruction, or its equivalent, for which

college credit was given, shall be prima facie evidence of

successful completion of the clock hours of basic real estate

instruction for a provisional sales associate applicant as required

in Section 858-302 of this Code. The education required in this

subsection shall only be valid for a period of three (3) years from

the date the school certified successful completion of the course;

thereafter, the applicant shall be required to successfully complete

an additional six-academic-hour basic course of real estate

instruction, or its equivalent.

B. A certified transcript from an institution of higher

education, accredited by the Oklahoma State Regents for Higher

Education or the corresponding accrediting agency of another state,

certifying to the successful completion of a three-academic-hour

course of real estate instruction, or its equivalent, consisting of

the provisional sales associate postlicense education requirements

for which college credit was given, shall be prima facie evidence of

successful completion of the clock hours of real estate instruction

for the postlicense education requirement as required in Section

858-302 of this title.

C. A certified transcript from an institution of higher

education, accredited by the Oklahoma State Regents for Higher

Education or the corresponding agency of another state, certifying

to the successful completion of a six-academic-hour advanced course

of real estate instruction, or its equivalent, for which college

credit was given, shall be prima facie evidence of successful

completion of the clock hours of advanced real estate instruction,

or its equivalent, as required in Section 858-303 of this Code for a

broker applicant.

D. Each school, whether public or private other than

institutions of higher education, must present to the Commission its

syllabus of instruction, prior to approval of such school.

Added by Laws 1974, c. 121, § 304, operative July 1, 1974. Amended

by Laws 1980, c. 165, § 4, eff. Oct. 1, 1980; Laws 1991, c. 43, § 6,

eff. July 1, 1993; Laws 1992, c. 94, § 4, eff. July 1, 1993; Laws

1998, c. 60, § 11, eff. Jan. 1, 1999; Laws 2008, c. 274, § 2, eff.

Nov. 1, 2008; Laws 2013, c. 173, § 3, eff. Nov. 1, 2013.

§59-858-305. Licensing of associations, corporations and

partnerships - Registration of brokerage teams.

A. The Oklahoma Real Estate Commission may license as a broker

any association or corporation in which the managing member or

managing officer holds a license as a real estate broker, as defined

Oklahoma Statutes - Title 59. Professions and Occupations

in this Code, and in which every member, officer or employee who

acts as a real estate broker or real estate sales associate holds a

license for that purpose, as defined in this Code. The Commission

may license as a real estate broker any partnership in which each

partner holds a license as a real estate broker, as defined in this

Code.

B. The Oklahoma Real Estate Commission shall require the

registration of all teams affiliated under a brokerage for the

purpose of allowing the Commission to better align and track the

teams within each brokerage. For the purposes of this section, a

team shall mean any two or more licensees who work under the

supervision of the same broker, work together on real estate

transactions to provide brokerage services, represent themselves to

the public as being part of a team, and are designated by a team

name. Such registration shall occur before a team performs any

licensed activities, and the broker shall notify the Commission when

any team name is no longer being used. The Commission may charge a

registration fee for each team not to exceed the administrative

costs of the registration process.

C. Application for licenses and registrations described in this

section shall be made on forms prescribed by the Commission and

shall be issued pursuant to rules promulgated by the Commission.

Added by Laws 1974, c. 121, § 305, operative July 1, 1974. Amended

by Laws 1996, c. 159, § 2, eff. Nov. 1, 1996; Laws 2017, c. 248, §

4, eff. Nov. 1, 2017.

§59-858-306. Licensing of nonresidents.

A. Any person who desires to perform licensed activities in

Oklahoma but maintains a place of business outside of Oklahoma may

obtain an Oklahoma nonresident license by complying with all

applicable provisions of this Code including the successful

completion of the applicable Oklahoma state portion of the real

estate examination.

B. The nonresident shall give written consent that actions and

suits at law may be commenced against the nonresident licensee in

any county in this state wherein any cause of action may arise or be

claimed to have arisen out of any transaction occurring in the

county because of any transactions commenced or conducted by the

nonresident or the nonresident's associates or employees in such

county. The nonresident shall further, in writing, appoint the

secretary-treasurer of said Commission as service agent to receive

service of summons for the nonresident in all of such actions and

service upon the secretary-treasurer of such Commission shall be

held to be sufficient to give the court jurisdiction over the

nonresident in all such actions.

C. A broker who is duly licensed in another state and who has

not obtained an Oklahoma nonresident license may enter a cooperative

Oklahoma Statutes - Title 59. Professions and Occupations

brokerage agreement with a licensed real estate broker in this

state. If, however, the broker desires to perform licensed

activities in this state, the broker must obtain an Oklahoma

nonresident license.

Added by Laws 1974, c. 121, § 306, operative July 1, 1974. Amended

by Laws 1991, c. 43, § 7, eff. July 1, 1993; Laws 1998, c. 60, § 12,

eff. Jan. 1, 1999; Laws 2008, c. 274, § 3, eff. Nov. 1, 2008.

§59-858-307.1. Issuance of license - Term - Fees.

The Oklahoma Real Estate Commission shall issue every real

estate license for a term of thirty-six (36) months with the

exception of a provisional sales associate license whose license

term shall be for twelve (12) months. License terms shall not be

altered except for the purpose of general reassignment of the terms

which might be necessitated for maintaining an equitable staggered

license term system. The expiration date of the license shall be

the end of the twelfth or thirty-sixth month, whichever is

applicable, including the month of issuance. Fees shall be

promulgated by rule, payable in advance, and nonrefundable.

Added by Laws 1980, c. 165, § 5, eff. July 1, 1981. Amended by Laws

1985, c. 231, § 5, operative July 1, 1985; Laws 1989, c. 235, § 3,

emerg. eff. May 12, 1989; Laws 1991, c. 43, § 8, eff. July 1, 1993;

Laws 1998, c. 60, § 13, eff. Jan. 1, 1999; Laws 2001, c. 235, § 3,

eff. Aug. 1, 2001; Laws 2024, c. 159, § 9, eff. Nov. 1, 2024.

§59-858-307.2. Renewal of license - Continuing education

requirement.

A. Beginning November 1, 2004, as a condition of renewal or

reactivation of a real estate license, each licensee with the

exception of those exempt as set out in this section shall submit to

the Oklahoma Real Estate Commission evidence of completion of a

specified number of hours of continuing education courses approved

by the Commission, within the thirty-six (36) months immediately

preceding the term for which the license is to be issued. The

number of hours, or its equivalent, required for each licensed term

shall be determined by the Commission and promulgated by rule. Each

licensee shall be required to complete and include as part of such

continuing education a certain number of required subjects as

prescribed by rule.

B. The continuing education courses required by this section

shall be satisfied by courses approved by the Commission and offered

by:

1. The Commission;

2. A technology center school;

3. A college or university;

4. A private school;

Oklahoma Statutes - Title 59. Professions and Occupations

5. The Oklahoma Association of Realtors, the National

Association of Realtors, or any affiliate thereof;

6. The Oklahoma Bar Association, American Bar Association, or

any affiliate thereof; or

7. An education provider.

C. The Commission shall maintain a list of courses which are

approved by the Commission.

D. The Commission shall not issue an active renewal license or

reactivate a license unless the continuing education requirement set

forth in this section is satisfied within the prescribed time

period.

E. The provisions of this section do not apply:

1. During the period a license is on inactive status;

2. To a licensee who holds a provisional sales associate

license;

3. To a nonresident licensee licensed in this state if the

licensee maintains a current license in another state or states and

has satisfied the continuing education requirement for license

renewal in that state or states. If the nonresident licensee is

exempt from the continuing education requirements in all states

where the nonresident holds a license, the nonresident licensee

shall successfully complete this state’s continuing education

requirement for license renewal or reactivation; or

4. To a corporation, association, partnership, or branch

office.

F. The Commission shall require each licensee to receive a

specified number of hours of continuing education courses on deed

theft, as defined in Section 858-351 of this title. Each licensee

shall be required to complete such continuing education on or before

November 1, 2028.

Added by Laws 1980, c. 165, § 6, eff. July 1, 1984. Amended by Laws

1983, c. 289, § 2, emerg. eff. June 24, 1983; Laws 1984, c. 16, § 1,

emerg. eff. March 20, 1984; Laws 1991, c. 43, § 9, eff. July 1,

1993; Laws 1992, c. 94, § 5, eff. July 1, 1993; Laws 1994, c. 149, §

3, eff. July 1, 1994; Laws 1998, c. 60, § 14, eff. Jan. 1, 1999;

Laws 2001, c. 33, § 48, eff. July 1, 2001; Laws 2001, c. 235, § 4,

eff. Nov. 1, 2001; Laws 2008, c. 274, § 4, eff. Nov. 1, 2008; Laws

2011, c. 29, § 1, eff. Nov. 1, 2011; Laws 2025, c. 417, § 1, eff.

Nov. 1, 2025.

§59-858-307.3. Application for reissuance of license after

revocation.

A person shall not be permitted to file an application for

reissuance of a license after revocation of the license within five

(5) years of the effective date of revocation.

Added by Laws 1994, c. 149, § 5, eff. July 1, 1995. Amended by Laws

2024, c. 159, § 10, eff. Nov. 1, 2024.

Oklahoma Statutes - Title 59. Professions and Occupations

§59-858-307.4. Criminal history record - Investigation - Costs.

A. Prior to the issuance of a license pursuant to this Code,

each applicant shall submit to a national criminal history record

check, as defined by Section 150.9 of Title 74 of the Oklahoma

Statutes.

B. Upon receipt by the Commission of criminal history, the

Commission shall conduct an investigation in accordance with rules

promulgated by the Commission.

C. The costs associated with the national criminal history

record check shall be paid by the applicant.

Added by Laws 2007, c. 42, § 4, eff. Jan. 1, 2008.

§59-858-308. Current list of licensees.

In the interest of the public, the Commission shall keep a

current list of the names and addresses of all licensees, and of all

persons whose licenses have been suspended or revoked, together with

such other information relative to the enforcement of the provisions

of this Code as it may deem advisable and desirable. Such listings

and information shall be a matter of public record.

Laws 1974, c. 121, § 308, operative July 1, 1974.

§59-858-309. Inactive status for licensees.

A. The Commission may place a license on inactive status when

the request therefor is accompanied by sufficient reason; however,

said status shall not relieve the licensee from paying the required

fees. The request for inactive status shall be in writing on forms

furnished by the Commission.

B. During active military service, any licensee shall not be

required to pay the fees but shall request the inactive status prior

to each term for which the license is to be issued.

Added by Laws 1974, c. 121, § 309, operative July 1, 1974. Amended

by Laws 1980, c. 165, § 7, eff. July 1, 1981; Laws 1984, c. 16, § 2,

emerg. eff. March 20, 1984; Laws 1998, c. 60, § 15, eff. Jan. 1,

1999.

§59-858-310. Location of office - Licenses for branch offices.

A. A real estate broker shall maintain a specific place of

business. Such place of business shall comply with all local laws

and shall be available to the public during reasonable business

hours.

B. If a real estate broker maintains more than one place of

business and the additional location is an extension of the main

office, a branch office license must be obtained for each additional

location. Each branch office shall be under the direction and

supervision of a separate broker and shall be considered a managing

Oklahoma Statutes - Title 59. Professions and Occupations

broker of the branch office. Application shall be made upon forms

as prescribed by the Commission.

Added by Laws 1974, c. 121, § 310, operative July 1, 1974. Amended

by Laws 1998, c. 60, § 16, eff. Jan. 1, 1999.

§59-858-311. Action not maintainable without allegation and proof

of license.

No person, partnership, association or corporation acting as a

real estate licensee shall bring or maintain an action in any court

in this state for the recovery of a money judgment as compensation

for services rendered in listing, buying, selling, renting, leasing

or exchanging of any real estate without alleging and proving that

such person, partnership, association or corporation was licensed

when the alleged cause of action arose.

Added by Laws 1974, c. 121, § 311, operative July 1, 1974. Amended

by Laws 1998, c. 60, § 17, eff. Jan. 1, 1999.

§59-858-312. Investigations - Cause for suspension or revocation of

license.

The Oklahoma Real Estate Commission may, upon its own motion,

and shall, upon written complaint filed by any person, investigate

the business transactions of any real estate licensee, and may, upon

showing good cause, impose sanctions as provided for in Section 858208 of this title. Cause shall be established upon the showing that

any licensee has performed, is performing, has attempted to perform,

or is attempting to perform any of the following acts:

1. Making a materially false or fraudulent statement in an

application for a license;

2. Making substantial misrepresentations or false promises in

the conduct of business, or through real estate licensees, or

advertising, which are intended to influence, persuade, or induce

others;

3. Failing to comply with the requirements of Sections 858-351

through 858-363 of this title;

4. Accepting a commission or other valuable consideration as a

real estate associate for the performance of any acts as an

associate, except from the real estate broker with whom the

associate is associated;

5. Representing or attempting to represent a real estate broker

other than the broker with whom the associate is associated without

the express knowledge and consent of the broker with whom the

associate is associated;

6. Failing, within a reasonable time, to account for or to

remit any monies, documents, or other property coming into

possession of the licensee which belong to others;

Oklahoma Statutes - Title 59. Professions and Occupations

7. Paying a commission or valuable consideration to any person

for acts or services performed in violation of the Oklahoma Real

Estate License Code;

8. Any other conduct which constitutes untrustworthy, improper,

fraudulent, or dishonest dealings;

9. Disregarding or violating any provision of the Oklahoma Real

Estate License Code or rules promulgated by the Commission;

10. Guaranteeing or having authorized or permitted any real

estate licensee to guarantee future profits which may result from

the resale of real estate;

11. Advertising or offering for sale, rent or lease any real

estate, or placing a sign on any real estate offering it for sale,

rent or lease without the consent of the owner or the owner’s

authorized representative;

12. Using prizes, money, gifts or other valuable consideration

as an inducement to secure customers or clients to purchase specific

property; however, licensees may use prizes, money, gifts or other

valuable consideration for marketing purposes provided they are not

contingent or limited to individuals making an offer or purchasing a

specific property;

13. Accepting employment or compensation for appraising real

estate contingent upon the reporting of a predetermined value or

issuing any appraisal report on real estate in which the licensee

has an interest unless the licensee’s interest is disclosed in the

report. All appraisals shall be in compliance with the Oklahoma

real estate appraisal law, and the person performing the appraisal

or report shall disclose in writing to the employer whether the

person performing the appraisal or report is licensed or certified

by the Oklahoma Real Estate Appraiser Board;

14. Paying a commission or any other valuable consideration to

any person for performing the services of a real estate licensee as

defined in the Oklahoma Real Estate License Code who has not first

secured a real estate license pursuant to the Oklahoma Real Estate

License Code;

15. Unworthiness to act as a real estate licensee, whether of

the same or of a different character as specified in this section,

or because the real estate licensee has been convicted of, or

pleaded guilty or nolo contendere to, a crime involving moral

turpitude;

16. Commingling with the licensee’s own money or property the

money or property of others which is received and held by the

licensee, unless the money or property of others is received by the

licensee and held in an escrow account that contains only money or

property of others;

17. Conviction in a court of competent jurisdiction of having

violated any provision of the federal fair housing laws, 42 U.S.C.

Section 3601 et seq.;

Oklahoma Statutes - Title 59. Professions and Occupations

18. Failure by a real estate broker, after the receipt of a

commission, to render an accounting to and pay to a real estate

licensee the licensee’s earned share of the commission received;

19. Conviction in a court of competent jurisdiction in this or

any other state of the crime of forgery, embezzlement, obtaining

money under false pretenses, extortion, conspiracy to defraud,

fraud, or any similar offense or offenses, or pleading guilty or

nolo contendere to any such offense or offenses;

20. Advertising to buy, sell, rent, or exchange any real estate

without disclosing in writing that the licensee is a real estate

licensee;

21. Paying any part of a fee, commission, or other valuable

consideration received by a real estate licensee to any person not

licensed;

22. Offering, loaning, paying, or making to appear to have been

paid, a down payment or earnest money deposit for a purchaser or

seller in connection with a real estate transaction;

23. Violation of the Residential Property Condition Disclosure

Act;

24. Placing or causing to be placed upon the public records of

any county any contract, assignment, affidavit, or other writing,

which purports to affect title of or encumber any real property for

the purpose of collection of a commission, or to coerce the payment

of money to the individual or entity. Nothing in this paragraph

shall be construed to prohibit a licensee from recording a judgment;

25. Being unworthy or incompetent to act as a real estate

broker in a manner as to endanger the interest of the public;

26. Failure to provide an adequate written response to the

Commission within fifteen (15) days after receiving written notice

of a complaint or investigation;

27. Failure to notify the Commission in writing of the

conviction or plea of guilty or nolo contendere to any felony

offense within thirty (30) days after the plea is taken and also

within thirty (30) days of the entering of the judgment and

sentencing as required by Section 858-301.2 of Title 59 in the

Oklahoma Statutes; and

28. Soliciting, selling, or offering for sale real property by

means of a deceptive practice.

Added by Laws 1974, c. 121, § 312, operative July 1, 1974. Amended

by Laws 1980, c. 165, § 8, eff. Oct. 1, 1980; Laws 1982, c. 194, §

6, emerg. eff. April 26, 1982; Laws 1984, c. 74, § 2, eff. Nov. 1,

1984; Laws 1991, c. 43, § 10, eff. July 1, 1993; Laws 1992, c. 94, §

6, eff. July 1, 1993; Laws 1994, c. 149, § 4, eff. July 1, 1995;

Laws 1996, c. 159, § 3, eff. Nov. 1, 1996; Laws 1998, c. 60, § 18,

eff. Jan. 1, 1999; Laws 1999, c. 26, § 2, eff. Nov. 1, 1999; Laws

1999, c. 194, § 14, eff. Nov. 1, 2000; Laws 2001, c. 235, § 5, eff.

Aug. 1, 2001; Laws 2008, c. 274, § 5, eff. Nov. 1, 2008; Laws 2019,

Oklahoma Statutes - Title 59. Professions and Occupations

c. 66, § 1, eff. Nov. 1, 2019; Laws 2024, c. 159, § 8, eff. Nov. 1,

2024.

§59-858-312.1. Certain persons prohibited from participation in

real estate business.

A. No person whose license is revoked or suspended shall

operate directly or indirectly or have a participating interest, or

act as a member, partner or officer, in any real estate business,

corporation, association or partnership that is required to be

licensed pursuant to this Code.

B. No person whose license is cancelled, surrendered or lapsed

pending investigation or disciplinary proceedings shall operate

directly or indirectly or have a participating interest, or act as a

member, partner or officer, in any real estate business,

corporation, association or partnership that is required to be

licensed pursuant to this Code until such time as the Commission

makes a determination on the pending investigation or disciplinary

proceedings and approves an application for license.

Added by Laws 1994, c. 149, § 6, eff. July 1, 1995.

§59-858-313. Confidential materials of the Commission.

The following materials of the Commission are confidential and

not public records:

1. Examinations conducted by the Commission and materials

related to the examinations;

2. Educational materials submitted to the Commission by a

person or entity seeking approval and/or acceptance of a course of

study; and

3. Brokerage and school records resulting from an audit

performed by the Commission.

Added by Laws 2007, c. 42, § 3, eff. Jan. 1, 2008. Amended by Laws

2024, c. 159, § 11, eff. Nov. 1, 2024.

§59-858-314.

Wholesalers — Required disclosures — Right to

cancellation.

A. A wholesaler shall:

1. Disclose in writing to the homeowner, before the execution

of any contract or written agreement, his or her intent to assign or

sell his or her equitable interest in the residential real estate

for a higher price than what is offered to the homeowner;

2. Provide a prominent written disclosure to the homeowner in

all written contracts between the parties stating that the homeowner

should seek legal advice before signing any contract concerning his

or her home; and

3. Disclose in writing to the homeowner that the homeowner has

the right to cancel the contract without penalty within two (2)

business days after the execution of the contract.

Oklahoma Statutes - Title 59. Professions and Occupations

B. A wholesaler shall not, directly or indirectly:

1. Act as an advisor or consultant, or in any other manner

representing that the wholesaler is acting on behalf of the

homeowner; or

2. Represent himself or herself as holding a certification or

license, or being a member of a licensed profession, without

possession of the certification or license.

C. The homeowner shall have the right to cancel the contract

without penalty within two (2) business days from the date of

execution of the contract.

D. The wholesaler shall be prohibited from placing any lien or

encumbrance on or otherwise clouding title of the property.

E. Any contract or agreement used by a wholesaler shall contain

the following:

1. The name, address, and telephone number of the wholesaler;

2. The address of the residence involved in the transaction;

3. The total consideration to be given by the wholesaler to the

homeowner;

4. A complete description of the terms of payment or other

consideration including, but not limited to, any services of any

nature which the wholesaler represents he or she will perform for

the seller before or after the sale; and

5. The following notice shall appear on the contract in

immediate proximity to the space reserved for the seller’s signature

and shall be in at least twelve-point bold type if the contract is

typed or in capital letters if the contract is printed. The notice

shall contain the name of the wholesaler, the date and time by which

the contract shall be canceled, and the following language:

“NOTICE REQUIRED BY OKLAHOMA LAW: You may cancel this contract

at any time before midnight of ____________________ (Date).

__________________________ (Name of Wholesaler) or anyone working

for ______________________ (Name of Wholesaler) CANNOT ask you to

sign or have you sign any deed or any other document until your

right to cancel this contract has ended. See the attached notice of

cancellation form for an explanation of this right. You should

always consult an attorney or community organization before signing

any legal documents concerning your home. It is advisable that you

find your own attorney. The law requires this contract to contain

the entire agreement. You should not rely upon any other written or

oral agreement or promise.”

F. Failure to include any of the required disclosures under

this section shall render the contract invalid and unenforceable by

the wholesaler and shall entitle the homeowner to any earnest money

deposit involved in the transaction. Any earnest money deposit or

security deposit by a wholesaler shall be kept in an escrow account

maintained in this state with a federally insured financial

institution. The homeowner may terminate the contract at any time

Oklahoma Statutes - Title 59. Professions and Occupations

if the wholesaler fails to comply with the provisions of this

section.

G. The Oklahoma Real Estate Commission shall create, publish,

and provide on its website a notice of cancellation form, which

shall be included by the wholesaler with any contract. This form

shall be provided to the homeowner at no cost.

H. The Commission shall promulgate any rules necessary to

implement the provisions of this section.

Added by Laws 2025, c. 301, § 2, eff. Nov. 1, 2025.

NOTE: Editorially renumbered from § 858.314 of this title to avoid

duplication in numbering.

§59-858-351. Definitions.

Unless the context clearly indicates otherwise, as used in

Sections 858-351 through 858-363 of The Oklahoma Real Estate License

Code and Section 3 of this act:

1. “Broker” means a real estate broker, an associated broker

associate, sales associate, or provisional sales associate

authorized by a real estate broker to provide brokerage services;

2. “Brokerage services” means those services provided by a

broker to a party in a transaction;

3. “Deed theft” means to:

a.

intentionally alter, falsify, forge, or misrepresent a

document relating to real property with the intent to

deceive, defraud, or unlawfully transfer or encumber

the ownership rights of the owner of the real

property,

b.

misrepresent oneself as the owner or authorized

representative of the owner of real property in order

to obtain ownership or possession of such real

property, or

c.

with intent to defraud, take, obtain, steal, or

transfer title or ownership of real property by fraud,

forgery, larceny, or any other fraudulent or deceptive

practice;

4. “Firm” means a sole proprietor, corporation, association, or

partnership;

5. “Party” means a person who is a seller, buyer, landlord, or

tenant or a person who is involved in an option or exchange; and

6. “Transaction” means an activity or process to buy, sell,

lease, rent, option, or exchange real estate. Such activities or

processes may include, without limitation, soliciting, advertising,

showing, or viewing real property, presenting offers or

counteroffers, entering into agreements, and closing such

agreements.

Added by Laws 1999, c. 194, § 1, eff. Nov. 1, 2000. Amended by Laws

2005, c. 423, § 1, emerg. eff. June 6, 2005; Laws 2012, c. 251, § 1,

Oklahoma Statutes - Title 59. Professions and Occupations

eff. Nov. 1, 2013; Laws 2013, c. 240, § 2, eff. Nov. 1, 2013; Laws

2025, c. 417, § 2, eff. Nov. 1, 2025.

§59-858-352.

Repealed by Laws 2012, c. 251, § 9, eff. Nov. 1, 2013.

§59-858-353. Broker duties and responsibilities.

A. A broker shall have the following duties and

responsibilities to all parties in a transaction, which are

mandatory and may not be abrogated or waived by a broker:

1. Treat all parties with honesty and exercise reasonable skill

and care;

2. Unless specifically waived in writing by a party to the

transaction:

a.

receive all written offers and counteroffers,

b.

reduce offers or counteroffers to a written form upon

request of any party to a transaction, and

c.

present timely all written offers and counteroffers;

3. Timely account for all money and property received by the

broker;

4. Keep confidential information received from a party or

prospective party confidential. The confidential information shall

not be disclosed by a firm without the consent of the party

disclosing the information unless consent to the disclosure is

granted in writing by the party or prospective party disclosing the

information, the disclosure is required by law, or the information

is made public or becomes public as the result of actions from a

source other than the firm. The following information shall be

considered confidential and shall be the only information considered

confidential in a transaction:

a.

that a party or prospective party is willing to pay

more or accept less than what is being offered,

b.

that a party or prospective party is willing to agree

to financing terms that are different from those

offered,

c.

the motivating factors of the party or prospective

party purchasing, selling, leasing, optioning or

exchanging the property, and

d.

information specifically designated as confidential by

a party unless such information is public;

5. Disclose information pertaining to the property as required

by the Residential Property Condition Disclosure Act;

6. Comply with all requirements of The Oklahoma Real Estate

License Code and all applicable statutes and rules; and

7. Disclose:

a.

information pertaining to compensation and fees

assessed on each transaction to the represented party,

Oklahoma Statutes - Title 59. Professions and Occupations

which shall be communicated in writing before the

effective date of the contract for sale or lease, and

b.

the time frame for which the compensation agreement is

valid, not to exceed one (1) year. If no time frame

is specified, the compensation agreement shall default

to sixty (60) days.

B. A broker shall have the following duties and

responsibilities only to a party for whom the broker is providing

brokerage services in a transaction which are mandatory and may not

be abrogated or waived by a broker:

1. Inform the party in writing when an offer is made that the

party will be expected to pay certain costs, brokerage service costs

and the approximate amount of the costs; and

2. Keep the party informed regarding the transaction.

C. When working with both parties to a transaction, the duties

and responsibilities set forth in this section shall remain in place

for both parties.

Added by Laws 1999, c. 194, § 3, eff. Nov. 1, 2000. Amended by Laws

2005, c. 423, § 3, emerg. eff. June 6, 2005; Laws 2012, c. 251, § 2,

eff. Nov. 1, 2013; Laws 2013, c. 240, § 3, eff. Nov. 1, 2013; Laws

2024, c. 326, § 1, eff. Nov. 1, 2024.

§59-858-354.

Repealed by Laws 2012, c. 251, § 9, eff. Nov. 1, 2013.

§59-858-355.

Repealed by Laws 2012, c. 251, § 9, eff. Nov. 1, 2013.

§59-858-355.1. Brokerage services to both parties in transaction Disclosure.

A. All brokerage agreements shall incorporate as material terms

the duties and responsibilities set forth in Section 858-353 of The

Oklahoma Real Estate License Code.

B. A broker may provide brokerage services to one or both

parties in a transaction.

C. A broker who is providing brokerage services to one or both

parties shall describe and disclose in writing the broker's duties

and responsibilities set forth in Section 858-353 of The Oklahoma

Real Estate License Code prior to the party or parties signing a

contract to sell, purchase, lease, option, or exchange real estate.

D. A firm that provides brokerage services to both parties in a

transaction shall provide written notice to both parties that the

firm is providing brokerage services to both parties to a

transaction prior to the parties signing a contract to purchase,

lease, option or exchange real estate.

E. If a broker intends to provide fewer brokerage services than

those required to complete a transaction, the broker shall provide

written disclosure to the party for whom the broker is providing

brokerage services. Such disclosure shall include a description of

Oklahoma Statutes - Title 59. Professions and Occupations

those steps in the transaction for which the broker will not provide

brokerage services, and also state that the broker assisting the

other party in the transaction is not required to provide assistance

with these steps in any manner.

Added by Laws 2012, c. 251, § 3, eff. Nov. 1, 2013. Amended by Laws

2013, c. 240, § 4, eff. Nov. 1, 2013.

§59-858-356. Disclosures – Confirmation in writing.

The written disclosures as required by subsection C of Section

858-355.1 of this title shall be confirmed by each party in writing

in a separate provision, incorporated in or attached to the contract

to purchase, lease, option, or exchange real estate. In those cases

where a broker is involved in a transaction but does not prepare the

contract to purchase, lease, option, or exchange real estate,

compliance with the disclosure requirements shall be documented by

the broker.

Added by Laws 1999, c. 194, § 6, eff. Nov. 1, 2000. Amended by Laws

2012, c. 251, § 4, eff. Nov. 1, 2013; Laws 2013, c. 240, § 5, eff.

Nov. 1, 2013.

§59-858-357.

Repealed by Laws 2012, c. 251, § 9, eff. Nov. 1, 2013.

§59-858-358. Duties of broker following termination, expiration or

completion of performance.

Except as may be provided in a written brokerage agreement

between the broker and a party to a transaction, the broker owes no

further duties or responsibilities to the party after termination,

expiration, or completion of performance of the transaction, except:

1. To account for all monies and property relating to the

transaction; and

2. To keep confidential all confidential information received

by the broker during the broker's relationship with a party.

Added by Laws 1999, c. 194, § 8, eff. Nov. 1, 2000.

§59-858-359. Payment to broker not determinative of relationship.

A. The payment or promise of payment or compensation by a party

to a broker does not determine what relationship, if any, has been

established between the broker and a party to a transaction.

B. In the event a broker receives a fee or compensation from

any party to the transaction based on a selling price or lease cost

of a transaction, such receipt does not constitute a breach of duty

or obligation to any party to the transaction.

C. A broker or real estate owner of record may compensate or

offer compensation to any real estate professional licensed by the

Oklahoma Real Estate Commission for providing brokerage services in

connection with the purchase, lease, sale, transfer, or exchange of

real estate located in this state.

Oklahoma Statutes - Title 59. Professions and Occupations

D. 1. Nothing in this section requires a broker to charge, or

prohibits a broker from charging, a separate fee or other

compensation for each duty or other brokerage services provided

during a transaction.

2. Nothing in this section requires a broker or real estate

owner of record to offer compensation to any real estate

professional in this state.

Added by Laws 1999, c. 194, § 9, eff. Nov. 1, 2000. Amended by Laws

2012, c. 251, § 5, eff. Nov. 1, 2013; Laws 2025, c. 1, § 1, eff.

Nov. 1, 2025.

§59-858-360. Abrogation of common law principles of agency –

Remedies cumulative.

A. The duties and responsibilities of a broker specified in

Sections 858-351 through 858-363 of The Oklahoma Real Estate License

Code shall replace and abrogate the fiduciary or other duties of a

broker to a party based on common law principles of agency. The

remedies at law and equity supplement the provisions of Sections

858-351 through 858-363 of The Oklahoma Real Estate License Code.

B. A broker may cooperate with other brokers in a transaction.

Pursuant to Sections 858-351 through 858-363 of The Oklahoma Real

Estate License Code, a broker shall not be an agent, subagent, or

dual agent and an offer of subagency shall not be made to other

brokers.

C. Nothing in this act shall prohibit a broker from entering

into an agreement for brokerage services not enumerated herein so

long as the agreement is in compliance with this act, the Oklahoma

Real Estate Code and the Oklahoma Real Estate Commission

Administration Rules.

Added by Laws 1999, c. 194, § 10, eff. Nov. 1, 2000. Amended by

Laws 2012, c. 251, § 6, eff. Nov. 1, 2013.

§59-858-361. Use of word “agent” in trade name and as general

reference.

A real estate broker and the associates of a real estate broker

are permitted under the provisions of Sections 858-351 through 858363 of this title to use the word “agent” in a trade name and as a

general reference for designating themselves as real estate

licensees.

Added by Laws 1999, c. 194, § 11, eff. Nov. 1, 2000. Amended by

Laws 2006, c. 313, § 2, eff. Nov. 1, 2006.

§59-858-362. Vicarious liability for acts or omissions of real

estate licensee.

A party to a real estate transaction shall not be vicariously

liable for the acts or omissions of a real estate licensee who is

Oklahoma Statutes - Title 59. Professions and Occupations

providing brokerage services under Sections 858-351 through 858-363

of The Oklahoma Real Estate License Code.

Added by Laws 1999, c. 194, § 12, eff. Nov. 1, 2000. Amended by

Laws 2012, c. 251, § 7, eff. Nov. 1, 2013.

§59-858-363. Associates of real estate broker - Authority.

Each broker associate, sales associate, and provisional sales

associate shall be associated with a real estate broker. Associates

shall not enter into a brokerage agreement with a party in the

associate’s name and shall only be allowed to enter into the

agreement in the name of the broker. A real estate broker may

authorize associates to provide brokerage services in the name of

the real estate broker as permitted under The Oklahoma Real Estate

License Code, which may include the execution of written agreements.

Added by Laws 1999, c. 194, § 13, eff. Nov. 1, 2000. Amended by

Laws 2003, c. 31, § 2, eff. Nov. 1, 2003; Laws 2012, c. 251, § 8,

eff. Nov. 1, 2013.

§59-858-364. Notification of the signs and risks of deed theft.

As part of each closing of a transaction, notification of the

signs and risks of deed theft, as defined in Section 858-351 of

Title 59 of the Oklahoma Statutes, shall be required to be given to

the buyer by a licensed real estate broker. The buyer shall confirm

receipt of such notification by affixing his or her signature to

such notification. The Oklahoma Real Estate Commission shall

promulgate rules to enact the provisions of this section.

Added by Laws 2025, c. 417, § 3, eff. Nov. 1, 2025.

§59-858-401. Penalties - Fines - Injunctions and restraining orders

- Appeals.

A. In addition to any other penalties provided by law, any

person unlicensed pursuant to The Oklahoma Real Estate License Code

who shall willingly, knowingly, or negligently violate any provision

of this Code, upon conviction, shall be guilty of a misdemeanor

punishable by a fine of not more than Five Thousand Dollars

($5,000.00), or by imprisonment in the county jail for not more than

six (6) months, or by both such fine and imprisonment.

B. In addition to any civil or criminal actions authorized by

law, whenever, in the judgment of the Oklahoma Real Estate

Commission, any unlicensed person has engaged in any acts or

practices which constitute a violation of the Oklahoma Real Estate

License Code, the Commission may:

1. After notice and hearing, and upon finding a violation of

the Code, impose a fine of not more than Five Thousand Dollars

($5,000.00) or the amount of the commission or commissions earned,

whichever is greater for each violation of the Code for unlicensed

activity;

Oklahoma Statutes - Title 59. Professions and Occupations

2. Make application to the appropriate court for an order

enjoining such acts or practices, and upon a showing by the

Commission that such person has engaged in any such acts or

practices, an injunction, restraining order, or such other order as

may be appropriate shall be granted by such court, without bond; or

3. Impose administrative fines pursuant to this subsection

which shall be enforceable in the district courts of this state.

The order of the Commission shall become final and binding on all

parties unless appealed to the district court as provided in the

Administrative Procedures Act. If an appeal is not made, such order

may be entered on the judgment docket of the district court in a

county in which the debtor has property and thereafter enforced in

the same manner as an order of the district court for collection

actions.

C. Notices and hearings required by this section and any

appeals from orders entered pursuant to this section shall be in

accordance with the Administrative Procedures Act.

D. Such funds as collected pursuant to this section shall be

deposited in the Oklahoma Real Estate Education and Recovery Fund.

Added by Laws 1974, c. 121, § 401, operative July 1, 1974. Amended

by Laws 1993, c. 54, § 2, eff. Sept. 1, 1993; Laws 2004, c. 142, §

3, eff. Nov. 1, 2004; Laws 2011, c. 29, § 2, eff. Nov. 1, 2011; Laws

2024, c. 159, § 12, eff. Nov. 1, 2024.

§59-858-402. Administrative fines.

A. The Oklahoma Real Estate Commission may impose

administrative fines on any licensee licensed pursuant to The

Oklahoma Real Estate License Code as follows:

1. Any administrative fine imposed as a result of a violation

of this Code or the rules of the Commission shall not:

a.

be less than One Hundred Dollars ($100.00) and shall

not exceed Two Thousand Dollars ($2,000.00) for each

violation of this Code or the rules of the Commission,

or

b.

exceed Five Thousand Dollars ($5,000.00) for all

violations resulting from a single incident or

transaction;

2. All administrative fines shall be paid within thirty (30)

days of notification of the licensee by the Commission of the order

of the Commission imposing the administrative fine;

3. The license may be suspended until any fine imposed upon the

licensee by the Commission is paid;

4. If fines are not paid in full by the licensee within thirty

(30) days of the notification by the Commission of the order, the

fines shall double and the licensee shall have an additional thirtyday period. If the doubled fine is not paid within the additional

thirty-day period, the license shall automatically be revoked; and

Oklahoma Statutes - Title 59. Professions and Occupations

5. All monies received by the Commission as a result of the

imposition of the administrative fine provided for in this section

shall be deposited in the Oklahoma Real Estate Education and

Recovery Fund, created pursuant to Section 858-601 of this title.

B. The administrative fines authorized by this section may be

in addition to any other criminal penalties or civil actions

provided for by law.

Added by Laws 1993, c. 54, § 3, eff. Sept. 1, 1993. Amended by Laws

1999, c. 26, § 3, eff. Nov. 1, 1999.

§59-858-503. Headings.

Article and section headings contained in this Code shall not

affect the interpretation of the meaning or intent of any provision

of this Code.

Laws 1974, c. 121, § 503, operative July 1, 1974.

§59-858-513. Psychologically impacted real estate - Factors

included - Nondisclosure of facts - Certain actions prohibited Disclosure in certain circumstances.

A. The fact or suspicion that real estate might be or is

psychologically impacted, such impact being the result of facts or

suspicions, including but not limited to:

1. That an occupant of the real estate is, or was at any time

suspected to be infected, or has been infected, with Human

Immunodeficiency Virus or diagnosed with Acquired Immune Deficiency

Syndrome, or other disease which has been determined by medical

evidence to be highly unlikely to be transmitted through the

occupancy of a dwelling place; or

2. That the real estate was, or was at any time suspected to

have been the site of a suicide, homicide or other felony,

is not a material fact that must be disclosed in a real estate

transaction.

B. No cause of action shall arise against an owner of real

estate or any licensee assisting the owner for the failure to

disclose to the purchaser or lessee of such real estate or any

licensee assisting the purchaser or lessee that such real estate was

psychologically impacted as provided for in subsection A of this

section.

C. Notwithstanding the fact that this information is not a

material defect or fact, in the event that a purchaser or lessee,

who is in the process of making a bona fide offer, advises the

licensee assisting the owner, in writing, that knowledge of such

factor is important to the person's decision to purchase or lease

the property, the licensee shall make inquiry of the owner and

report any findings to the purchaser or lessee with the consent of

the owner and subject to and consistent with applicable laws of

privacy; provided further, if the owner refuses to disclose, the

Oklahoma Statutes - Title 59. Professions and Occupations

licensee assisting the owner shall so advise the purchaser or

lessee.

Added by Laws 1989, c. 235, § 1, emerg. eff. May 12, 1989. Amended

by Laws 1998, c. 60, § 19, eff. Jan. 1, 1999.

§59-858-514. Registered sex offenders or violent crime offenders No duty to provide notice regarding.

The provisions of the Sex Offenders Registration Act and the

Mary Rippy Violent Crime Offenders Registration Act shall not be

construed as imposing a duty upon a person licensed under the

Oklahoma Real Estate License Code to disclose any information

regarding an offender required to register under such provision.

Added by Laws 1997, c. 260, § 11, eff. Nov. 1, 1997. Amended by

Laws 2004, c. 358, § 11, eff. Nov. 1, 2004.

§59-858-515.1. Size of property for sale.

A. In connection with any real estate transaction, the size or

area, in square footage or otherwise, of the subject property shall

not be required to be provided by any real estate licensee, and if

provided, shall not be considered any warranty or guarantee of the

size or area information, in square footage or otherwise, of the

subject property.

B. 1. If a real estate licensee provides any party to a real

estate transaction with third-party information concerning the size

or area, in square footage or otherwise, of the subject property

involved in the transaction, the licensee shall identify the source

of the information.

2. For the purposes of this subsection, “third-party

information” means:

a.

an appraisal or any measurement information prepared

by a licensed appraiser,

b.

a survey or developer’s plan prepared by a licensed

surveyor,

c.

a tax assessor's public record,

d.

a builder’s plan used to construct or market the

property, or

e.

a plan, drawing or stated square footage provided by

the owner or agent of the owner, as it relates to

commercial buildings or structures for sale or for

lease only. Commercial land shall be verified by one

of the methods provided for in subparagraphs a through

d of this paragraph.

C. A real estate licensee has no duty to the seller or

purchaser of real property to conduct an independent investigation

of the size or area, in square footage or otherwise, of a subject

property, or to independently verify the accuracy of any third-party

Oklahoma Statutes - Title 59. Professions and Occupations

information as such term is defined in paragraph 2 of subsection B

of this section.

D. A real estate licensee who has complied with the

requirements of this section, as applicable, shall have no further

duties to the seller or purchaser of real property regarding

disclosed or undisclosed property size or area information, and

shall not be subject to liability to any party for any damages

sustained with regard to any conflicting measurements or opinions of

size or area, including exemplary or punitive damages.

Added by Laws 2011, c. 212, § 1. Amended by Laws 2012, c. 107, § 1,

eff. Nov. 1, 2012.

§59-858-515.2. Violation of duty to disclose source of information

- Damages.

A. If a real estate licensee has provided any third-party

information, as defined in paragraph 2 of subsection B of Section 1

of this act, to any party to a real estate transaction concerning

size or area of the subject real property, a party to the real

estate transaction may recover damages from the licensee in a civil

action only when a licensee knowingly violates the duty to disclose

the source of the information, as required in paragraph 1 of

subsection B of Section 1 of this act.

B. The sole and exclusive civil remedy at common law or

otherwise for a violation of paragraph 1 of subsection B of Section

1 of this act by a real estate licensee shall be an action for

actual damages suffered by the party as a result of such violation

and shall not include exemplary or punitive damages.

C. For any real estate transaction commenced after the

effective date of this act, any civil action brought pursuant to

this section shall be commenced within two (2) years after the date

of transfer of the subject real property.

D. In any civil action brought pursuant to this section, the

prevailing party shall be allowed court costs and reasonable

attorney fees to be set by the court and collected as costs of the

action.

E. A transfer of a possessory interest in real property subject

to the provisions of this act may not be invalidated solely because

of the failure of any person to comply with the provisions of this

act.

F. The provisions of this act shall apply to, regulate and

determine the rights, duties, obligations and remedies, at common

law or otherwise, of the seller marketing his or her real property

for sale through a real estate licensee, and of the purchaser of

real property offered for sale through a real estate licensee, with

respect to disclosure of third-party information concerning the

subject real property’s size or area, in square footage or

otherwise, and this act hereby supplants and abrogates all common

Oklahoma Statutes - Title 59. Professions and Occupations

law liability, rights, duties, obligations and remedies of all

parties therefor.

Added by Laws 2011, c. 212, § 2.

§59-858-601. Creation - Status - Appropriation - Expenditures - Use

of funds - Eligibility to recover.

A. There is hereby created in the State Treasury a revolving

fund for the Oklahoma Real Estate Commission to be designated

"Oklahoma Real Estate Education and Recovery Fund". The fund shall

consist of monies received by the Oklahoma Real Estate Commission as

fees assessed for the Oklahoma Real Estate Education and Recovery

Fund under the provisions of this act. The revolving fund shall be

a continuing fund not subject to fiscal year limitations and shall

be under the administrative direction of the Oklahoma Real Estate

Commission. The Oklahoma Real Estate Commission may invest all or

part of the monies of the fund in securities offered through the

"Oklahoma State Treasurer's Cash Management Program". Any interest

or dividends accruing from the securities and any monies generated

at the time of redemption of the securities shall be deposited in

the Oklahoma Real Estate Education and Recovery Fund. All monies

accruing to the credit of the fund are hereby appropriated and may

be budgeted and expended by the Oklahoma Real Estate Commission for

the purposes specified in Section 858-605 of this title.

Expenditures from said fund shall be made pursuant to the laws of

this state and the statutes relating to the said Commission, and

without legislative appropriation. Warrants for expenditures from

said fund shall be drawn by the State Treasurer, based on claims

signed by an authorized employee or employees of the said Commission

and approved for payment by the Director of the Office of Management

and Enterprise Services.

B. Monies in the fund shall be used to reimburse any claimant

who has been awarded a judgment, subject to subsection C of this

section, by a court of competent jurisdiction to have suffered

monetary damages by an Oklahoma real estate licensee in any

transaction for which a license is required under The Oklahoma Real

Estate License Code because of an act constituting a violation of

The Oklahoma Real Estate License Code.

C. In determining a claimant's eligibility to recover from the

fund, the Commission may conduct an independent review of the

merits, findings and damages involved in the underlying action and

may conduct an evidentiary hearing to determine if a claim is

eligible for recovery from the fund and the amount of damages

awarded are due an act constituting a violation of The Oklahoma Real

Estate License Code.

Added by Laws 1977, c. 182, § 6, eff. July 1, 1977. Amended by Laws

1992, c. 94, § 7, eff. July 1, 1992; Laws 1997, c. 105, § 1, eff.

Oklahoma Statutes - Title 59. Professions and Occupations

July 1, 1997; Laws 1998, c. 60, § 20, eff. Jan. 1, 1999; Laws 2005,

c. 85, § 2, eff. Nov. 1, 2005; Laws 2012, c. 304, § 269.

§59-858-602. Additional fee - Disposition.

A. An additional, nonrefundable fee as promulgated by rule by

the Commission shall be added to and payable with the license fee

for both new licenses and renewals of licenses for each licensee as

provided in Section 858-307.1 of this title. Such additional fee

shall be deposited in the Oklahoma Real Estate Education and

Recovery Fund.

B. At the close of each fiscal year, the Commission may

transfer into the Oklahoma Real Estate Commission Revolving Fund any

money in excess of that amount required to be retained in the

Oklahoma Real Estate Education and Recovery Fund and that amount

authorized to be expended as provided within this Code that is

remaining in the Oklahoma Education and Recovery Fund and

unexpended.

Added by Laws 1977, c. 182, § 7, eff. July 1, 1977. Amended by Laws

1980, c. 165, § 9, eff. July 1, 1981; Laws 1988, c. 324, § 2,

operative July 1, 1988; Laws 1998, c. 60, § 21, eff. Jan. 1, 1999;

Laws 2001, c. 235, § 6, eff. Aug. 1, 2001; Laws 2024, c. 159, § 13,

eff. Nov. 1, 2024.

§59-858-603. Eligibility to recover from fund - Ineligibility.

A. Any claimant shall be eligible to seek recovery from the

Oklahoma Real Estate Education and Recovery Fund if the following

conditions have been met:

1. An action has been filed in district court based upon a

violation specified in the Oklahoma Real Estate License Code;

2. The cause of action accrued not more than two (2) years

prior to the filing of the action;

3. At the commencement of an action, the party filing the

action shall immediately notify the Commission to this effect in

writing and provide the Commission with a file-stamped copy of the

petition or affidavit. Said Commission shall have the right to

enter an appearance, intervene in, defend, or take any action it may

deem appropriate to protect the integrity of the Fund. The

Commission may waive the notification requirement if it determines

that the public interest is best served by the waiver, that is to

best meet the ends of justice and that the claimant making

application made a good faith effort to comply with the notification

requirements;

4. Final judgment is received by the claimant upon such action;

5. The final judgment is enforced as provided by statute for

enforcement of judgments in other civil actions and that the amount

realized was insufficient to satisfy the judgment; and

Oklahoma Statutes - Title 59. Professions and Occupations

6. Any compensation recovered by the claimant from the judgment

debtor, or from any other source for any monetary loss arising out

of the cause of action, has been applied to the judgment awarded by

the court.

B. A claimant shall not be qualified to make a claim for

recovery from the Oklahoma Real Estate Education and Recovery Fund,

if:

1. The claimant is the spouse of the judgment debtor or a

personal representative of such spouse;

2. The claimant is a licensee who acted in their own behalf in

the transaction which is the subject of the claim; or

3. The claimant’s claim is based upon a real estate transaction

in which the claimant is, through their own action, jointly

responsible for any resulting monetary loss with respect to the

property owned or controlled by the claimant.

Added by Laws 1977, c. 182, § 8, eff. July 1, 1977. Amended by Laws

1988, c. 324, § 4, operative July 1, 1988; Laws 1991, c. 43, § 11,

eff. July 1, 1993; Laws 1998, c. 60, § 22, eff. Jan. 1, 1999; Laws

2005, c. 85, § 3, eff. Nov. 1, 2005.

§59-858-604. Application for payment - Amount - Assignment of

rights, etc. - Insufficient funds - Revocation of licenses.

A. Any claimant who meets all of the conditions prescribed by

this act may apply to the Commission for payment from the Oklahoma

Real Estate Education and Recovery Fund, in an amount equal to the

unsatisfied portion of the claimant’s judgment, which is actual or

compensatory damages, or Twenty-five Thousand Dollars ($25,000.00),

whichever is less. The claimant is entitled to reimbursement for

attorney fees reasonably incurred in the litigation not to exceed

twenty-five percent (25%) of the claimant’s amount approved by the

Commission. Attorney fees charged and received shall be documented,

verified, and submitted with the claim. Court costs and other

expenses shall not be recoverable from the fund.

B. Upon receipt by the claimant of the payment from the

Oklahoma Real Estate Education and Recovery Fund, the claimant

assigns the claimant's right, title and interest in that portion of

the judgment to the Commission which shall be subrogated up to the

amount actually paid by the fund to the claimant or to the claimant

and the claimant’s attorney. Upon suit to collect upon a judgment,

the claimant shall have priority over the fund. Any amount

subsequently recovered on the judgment by the Commission, to the

extent of the Commission's right, title and interest therein, shall

be used to reimburse the Oklahoma Real Estate Education and Recovery

Fund.

C. Payments for claims arising out of the same transaction

which constitutes a claimant’s cause of action based upon a

violation of the Oklahoma Real Estate License Code shall be limited

Oklahoma Statutes - Title 59. Professions and Occupations

in the aggregate of Fifty Thousand Dollars ($50,000.00) irrespective

of the number of claimants or parcels of real estate involved in the

transaction.

D. Payments for claims based upon judgments against any one

licensee shall not exceed in the aggregate Fifty Thousand Dollars

($50,000.00).

E. If at any time the monies in the Oklahoma Real Estate

Education and Recovery Fund are insufficient to satisfy any valid

claim, or portion thereof, the Commission shall satisfy such unpaid

claim or portion thereof as soon as a sufficient amount of money has

been deposited in the fund by collecting a special levy from

members of the fund of an amount not to exceed Five Dollars ($5.00)

each fiscal year. If the additional levy is not sufficient to pay

all outstanding claims against the fund, the claims shall be paid as

the money becomes available. Where there is more than one claim

outstanding, the claims shall be paid in the order that they were

approved.

F. Any claim against a corporation, association or partnership

would be imputed to the managing broker(s) at the time the cause of

action arose.

G. The license of said licensee shall be automatically revoked

upon the payment of any amount from the Oklahoma Real Estate

Education and Recovery Fund on a judgment against a licensee. The

license shall not be considered for reinstatement until the licensee

has repaid in full, plus interest at the rate of seven percent (7%)

a year, the amount paid from the Oklahoma Real Estate Education and

Recovery Fund on the judgment against the licensee.

Added by Laws 1977, c. 182, § 9, eff. July 1, 1977. Amended by Laws

1988, c. 324, § 5, operative July 1, 1988; Laws 1991, c. 43, § 12,

eff. July 1, 1993; Laws 1997, c. 105, § 2, eff. July 1, 1997; Laws

1998, c. 60, § 23, eff. Jan. 1, 1999; Laws 2005, c. 85, § 4, eff.

Nov. 1, 2005.

§59-858-605. Expenditure of funds.

At any time when the total amount of monies deposited in the

Oklahoma Real Estate Education and Recovery Fund exceeds Two Hundred

Fifty Thousand Dollars ($250,000.00), the Commission in its

discretion may expend such excess funds each fiscal year for the

following purposes:

1. To promote the advancement of education in the field of real

estate for the benefit of the general public;

2. To promote the advancement of education in the field of real

estate for the benefit of those licensed under the Oklahoma Real

Estate License Code; provided, such promotion shall not be construed

to allow advertising of this profession;

3. To underwrite educational seminars and other forms of

educational projects for the benefit of real estate licensees;

Oklahoma Statutes - Title 59. Professions and Occupations

4. To establish real estate courses at institutions of higher

learning located in the state and accredited by the State Regents

for Higher Education for the purpose of making such courses

available to licensees and the general public;

5. To contract for a particular educational project in the

field of real estate to further the purposes of the Oklahoma Real

Estate License Code;

6. To implement and maintain a public registry for the benefit

of real estate licensees and the general public;

7. To produce and distribute an agency newsletter available to

the general public and real estate licensees; and

8. To provide education grants to institutions of higher

learning located in this state and accredited by the Oklahoma State

Regents for Higher Education for courses on financial management and

homeownership.

Added by Laws 1977, c. 182, § 10, eff. July 1, 1977. Amended by

Laws 1983, c. 289, § 3, emerg. eff. June 24, 1983; Laws 1988, c.

324, § 6, operative July 1, 1988; Laws 2024, c. 159, § 14, eff. Nov.

1, 2024.

§59-858-621. Short title.

This act shall be known and may be cited as the "Home Inspection

Licensing Act".

Added by Laws 2001, c. 423, § 1, eff. Nov. 1, 2001.

§59-858-622. Definitions.

As used in the Home Inspection Licensing Act:

1. "Board" means the Construction Industries Board;

2. "Committee" means the Committee of Home Inspector Examiners;

3. "Home inspection" means a visual examination of any or all

of the readily accessible physical real property and improvements to

real property consisting of four or fewer dwelling units, including

structural, lot drainage, roof, electrical, plumbing, heating and

air conditioning and such other areas of concern as are specified in

writing to determine if performance is as intended;

4. "Home inspection report" means a written opinion of the

functional and physical condition of property written by the

licensed home inspector pursuant to home inspection; and

5. "Home inspector" means an individual licensed pursuant to

the Home Inspection Licensing Act who, for compensation, conducts

home inspections.

Added by Laws 2001, c. 423, § 2, eff. Nov. 1, 2001. Amended by Laws

2008, c. 405, § 1, emerg. eff. June 3, 2008.

§59-858-623. Exemptions.

A. On and after July 1, 2003, it shall be unlawful for an

individual to conduct, for compensation, a home inspection or to

Oklahoma Statutes - Title 59. Professions and Occupations

advertise or otherwise hold themselves out to be in the business of

home inspection in this state unless licensed pursuant to the Home

Inspection Licensing Act.

B. The Home Inspection Licensing Act shall not apply to:

1. Individuals inspecting new residential construction;

2. Licensed architects engaged in the practice of architecture

as defined and regulated by Section 46.1 et seq. of this title;

3. Individuals holding other occupational licenses who only do

home inspections within the occupational confines of that license;

4. Government employees who perform inspections when acting

within the scope of their employment; or

5. Persons regulated by the State Board of Agriculture who

issue wood infestation reports as defined in Section 3-81 of Title 2

of the Oklahoma Statutes.

C. Any single-item inspection requested by a client, whether or

not the item to be inspected is specifically included or excluded in

the definition of home inspection pursuant to Section 858-622 of

this title, may be performed by a professional craftsman whose

expertise is in the specific area or by persons qualified by

education or training to conduct that specific inspection. If a

single-item that has been requested for inspection is an area of

expertise that is licensed by the state, then that person conducting

the inspection shall be licensed in respect to that particular area.

Added by Laws 2001, c. 423, § 3, eff. Nov. 1, 2001. Amended by Laws

2002, c. 449, § 1, emerg. eff. June 5, 2002; Laws 2004, c. 241, § 1,

eff. Nov. 1, 2004; Laws 2009, c. 140, § 1, eff. Nov. 1, 2009.

§59-858-624. Committee of Home Inspector Examiners.

A. There is hereby created the Committee of Home Inspector

Examiners under the authority of the Construction Industries Board,

which shall consist of seven (7) members who have been residents of

this state for at least three (3) years prior to their appointment.

Each member shall be appointed by the Governor with the advice and

consent of the Senate. Appointments shall be made so that not more

than two members shall, at the time an appointment is made, be

residents of the same congressional district; provided, no member

shall be removed from office due solely to a reduction in the number

of congressional districts.

B. Of the seven members:

1. Four of the initial appointees shall hold memberships in a

state or national housing inspection association or foundation.

After expiration of the terms of the initial appointees, four

members shall be licensed home inspectors who are active full time

in the practice of making home inspections, two or more of whom

shall hold membership in an association that certifies home

inspectors in this state;

Oklahoma Statutes - Title 59. Professions and Occupations

2. One shall be a licensed real estate broker who is active

full time in the real estate brokerage business;

3. One shall be a licensed real estate appraiser who is active

full time in the real estate appraisal business; and

4. One shall be a lay person who is not involved in the

property business, including, but not limited to, the leasing of

commercial or residential property, and is not in the real estate

business or home inspection business.

C. Initially, three members shall be appointed for a term to

expire June 30, 2003; two members shall be appointed for a term to

expire June 30, 2004; and two members shall be appointed for a term

to expire June 30, 2005. Thereafter, all terms shall be three-year

terms ending June 30.

D. Members shall serve until their successors are appointed and

qualified. Vacancies shall be filled for the balance of an

unexpired term by appointment of the Governor. Members may be

removed by the Governor for good cause.

E. Members shall elect officers annually. The chair, or in the

absence of the chair, the vice-chair, shall preside at all meetings

of the Committee and shall perform such duties as the Committee

shall prescribe. The Committee shall meet at least semiannually,

and special meetings may be called by the chair or the designee of

the chair. Four members shall constitute a quorum.

F. Members shall serve without compensation but shall be

reimbursed in accordance with the State Travel Reimbursement Act.

G. Personnel and administrative support necessary for the

Committee to exercise its powers and accomplish its duties shall be

provided by the Construction Industries Board.

Added by Laws 2001, c. 423, § 4, eff. Nov. 1, 2001. Amended by Laws

2007, c. 188, § 21, eff. Nov. 1, 2007; Laws 2008, c. 405, § 2,

emerg. eff. June 3, 2008; Laws 2013, c. 43, § 1, eff. Nov. 1, 2013.

§59-858-625. Fees.

Fees for the Home Inspection Licensing Act shall not exceed the

following:

Approval fees for schools, instructors

and home inspection organizations

$100.00

Approval fees for educational course

content

$50.00

Application for license

$30.00

Licensure for reciprocity

$50.00

Examination fee

$200.00

License fee

$250.00

License renewal

$150.00

License reactivation

$50.00

Added by Laws 2001, c. 423, § 5, eff. Nov. 1, 2001. Amended by Laws

2002, c. 449, § 2, emerg. eff. June 5, 2002.

Oklahoma Statutes - Title 59. Professions and Occupations

§59-858-626. Home Inspection Licensing Act Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Construction Industries Board, to be designated the "Home

Inspection Licensing Act Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies received by the Board pursuant to the Home

Inspection Licensing Act. All monies accruing to the credit of the

fund are hereby appropriated and may be budgeted and expended by the

Board for the purpose of implementing and enforcing the Home

Inspection Licensing Act. Expenditures from the fund shall be made

upon warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.

Added by Laws 2001, c. 423, § 6, eff. Nov. 1, 2001. Amended by Laws

2008, c. 405, § 3, emerg. eff. June 3, 2008; Laws 2012, c. 304, §

270.

§59-858-627. Rule promulgation - Disciplinary measures - Injunctive

relief and restraining orders.

A. The Committee of Home Inspector Examiners shall advise the

Construction Industries Board in promulgating rules consistent with

the purposes of the Home Inspection Licensing Act.

B. The Construction Industries Board shall promulgate rules

including, but not limited to:

1. Qualifications and examinations for licensure of home

inspectors;

2. License renewal requirements;

3. Reinstatement of license after suspension or revocation of

license or failure to meet license renewal requirements;

4. Continuing education;

5. Standards of practice and prohibited acts;

6. Approval of schools, educational course content,

instructors, and organizations offering courses of study for home

inspection;

7. Standards required for schools, instructors, and

organizations to remain approved;

8. Approval fees;

9. Reciprocity agreements whereby home inspectors licensed in

other states with equal or greater licensure requirements may be

licensed in this state, and fee for licensing by reciprocity; and

10. Investigative procedures.

C. Upon showing of good cause as provided for in the Home

Inspection Licensing Act, the Board shall discipline licensees,

approved instructors, approved schools, and educational

organizations by:

1. Issuing reprimands;

Oklahoma Statutes - Title 59. Professions and Occupations

2. Requiring probation for a specified period of time;

3. Requiring education in addition to the educational

requirements provided for licensure or continuing education;

4. Suspending licenses or approvals;

5. Rescinding or revoking licenses or approvals;

6. Imposing administrative fines as provided for by the Home

Inspection Licensing Act;

7. Any combination of disciplinary measures as provided by

paragraphs 1 through 6 of this subsection; and

8. Upon showing of good cause, may modify any disciplinary

action imposed pursuant to the provisions of the Home Inspection

Licensing Act.

D. The Committee may advise the Board to seek injunctive relief

and restraining orders for violations of the Home Inspection

Licensing Act or the rules promulgated pursuant thereto to cause the

prosecution of any person who violates any of the provisions of the

Home Inspection Licensing Act or the rules promulgated pursuant

thereto.

E. In the exercise of all powers and the performance of all

duties provided in the Home Inspection Licensing Act, the Committee

and the Board shall comply with the Administrative Procedures Act,

the Oklahoma Open Meeting Act, and the Oklahoma Open Records Act.

Added by Laws 2001, c. 423, § 7, eff. Nov. 1, 2001. Amended by Laws

2008, c. 405, § 4, emerg. eff. June 3, 2008.

§59-858-628. Home inspection instruction.

A. The Committee of Home Inspector Examiners shall not approve

any school of home inspection instruction until it has received and

examined the curriculum, syllabi or program of instruction of the

school or organization conducting or offering the instruction.

B. Nothing in the Home Inspection Licensing Act shall be

construed as relieving a school of home inspection from

responsibility for compliance pursuant to law with the requirements

of any other agency.

Added by Laws 2001, c. 423, § 8, eff. Nov. 1, 2001.

§59-858-629. Home inspector examination - Application and

qualifications - Issuance of license.

A. Any individual eighteen (18) years of age or older who has

successfully completed ninety (90) clock hours of home inspection

training or its equivalent as determined by the Committee of Home

Inspector Examiners may apply to take a home inspector examination.

Application shall be made on forms prescribed by the Construction

Industries Board, shall contain information as required by the

Construction Industries Board upon advisement of the Committee, and

shall be accompanied by evidence of successful completion of the

Oklahoma Statutes - Title 59. Professions and Occupations

required training. Examinations may be held in vocational and

technical schools or in other locations as determined by rule.

B. If, from the application filed, answers to inquiries,

complaints, or information received, or investigation, it appears to

the Board that the applicant is not qualified, the Committee shall

deny approval of the application and shall give notice of that fact

to the applicant.

C. Upon approval of the application and the payment of the

applicant of an examination fee, the applicant shall be scheduled to

appear in person for an examination on the subjects prescribed by

the Committee.

D. If the Board determines that the applicant has successfully

passed the examination or an equivalent examination as determined by

the Committee, the Board shall, upon the payment of the license fee

and submission of other documents as required by the Home Inspection

Licensing Act or rules promulgated pursuant to the Home Inspection

Licensing Act, issue to the applicant a license which shall

authorize the applicant to perform home inspections.

Added by Laws 2001, c. 423, § 9, eff. Nov. 1, 2001. Amended by Laws

2002, c. 449, § 3, emerg. eff. June 5, 2002; Laws 2008, c. 405, § 5,

emerg. eff. June 3, 2008; Laws 2009, c. 140, § 2, eff. Nov. 1, 2009;

Laws 2019, c. 363, § 36, eff. Nov. 1, 2019.

§59-858-630. Documentation and fees - Issuance, renewal and

reactivation of license - Insurance.

To be licensed as a home inspector, or to renew or reactivate a

license, an applicant shall submit to the Construction Industries

Board such documents and fees as are required by the Home Inspection

Licensing Act or the rules promulgated pursuant thereto and shall

provide evidence of having secured a certificate of general

liability insurance in the amount required by rule. The amount of

the certificate of general liability insurance required shall not be

less than Fifty Thousand Dollars ($50,000.00).

Added by Laws 2001, c. 423, § 10, eff. Nov. 1, 2001. Amended by

Laws 2008, c. 405, § 6, emerg. eff. June 3, 2008.

§59-858-631. License term - Continuing education requirement Inactive status.

A. The license term for a home inspector shall be one (1) year.

The license shall expire twelve (12) months from the date of

issuance. The license fee and each renewal or reactivation

thereafter shall be payable in advance, which shall not be

refundable.

B. As a condition of license renewal or reactivation, each home

inspector shall submit to the Construction Industries Board evidence

of having attended eight (8) clock hours of continuing education

within the twelve (12) months immediately preceding the term for

Oklahoma Statutes - Title 59. Professions and Occupations

which the license is to be issued. Except as otherwise provided for

in this section, the Board shall not issue a renewal license or

reactivate a license unless the continuing education requirement set

forth in this section is satisfied within the prescribed time

period.

C. Any licensee who fails to renew before the license

expiration date shall be required to submit to such additional

requirements or penalties, or both, as the Board may require

pursuant to rule.

D. The Construction Industries Board may place the license of a

home inspector on inactive status when the licensee gives sufficient

reason; however, such status shall not relieve the licensee from

paying the required fees. Continuing education shall not be

required during the period a license is on inactive status. Prior

to the license being placed on an active status, the licensee shall

be required to complete the eight-hour continuing education

requirement. If the holder of the inactive license has been in the

military service during the entire time of inactive license status,

only eight (8) clock hours of continuing education and the license

fee shall be required for the reactivation of the license.

Added by Laws 2001, c. 423, § 11, eff. Nov. 1, 2001. Amended by

Laws 2008, c. 405, § 7, emerg. eff. June 3, 2008; Laws 2009, c. 140,

§ 3, eff. Nov. 1, 2009.

§59-858-632. Criminal actions - Injunctions or restraining orders.

A. In addition to any other penalties provided by law, any

individual unlicensed pursuant to the Home Inspection Licensing Act

who shall willfully and knowingly violate any provision of the Home

Inspection Licensing Act shall, upon conviction, be guilty of a

misdemeanor punishable by a fine of not more than One Thousand

Dollars ($1,000.00), or by imprisonment in the county jail for not

more than six (6) months, or by both such fine and imprisonment.

B. In addition to any civil or criminal actions authorized by

law, the Attorney General, or a district attorney may apply to the

district court in the county in which a violation of the Home

Inspection Licensing Act has allegedly occurred for an order

enjoining or restraining the unlicensed individual from continuing

the acts specified in the complaint. The court may grant any

temporary or permanent injunction or restraining order, without

bond, as it deems just and proper.

Added by Laws 2001, c. 423, § 12, eff. Nov. 1, 2001.

§59-858-633. Investigations and hearings - Good cause.

A. The Committee of Home Inspector Examiners may, upon its own

motion, and shall, upon written complaint filed by any person,

direct the Construction Industries Board to investigate the business

activities of any home inspector. The Committee may contract for an

Oklahoma Statutes - Title 59. Professions and Occupations

administrative judge for any hearing which may, upon a showing of

good cause, impose disciplinary actions as provided in the Home

Inspection Licensing Act.

B. Good cause shall be established upon showing that any

licensee has performed, is performing, has attempted to perform, or

is attempting to perform any of the following acts:

1. Making a materially false or fraudulent statement in an

application for license or for approval of continuing education;

2. Having been convicted in a court of competent jurisdiction

of forgery, fraud, conspiracy to defraud, or any similar offense, or

pleading guilty or nolo contendere to any such offense;

3. Falsifying or failing to disclose in a home inspection

report a material defect;

4. Failing to perform a home inspection report in accordance

with the Home Inspection Licensing Act or the rules promulgated

pursuant thereto;

5. Compensating any person for performing the services of a

home inspector or lending a license to any person who has not first

secured a license as a home inspector pursuant to the Home

Inspection Licensing Act;

6. Accepting inspection assignments when the employment itself

is contingent upon reporting a predetermined estimate, analysis or

opinion;

7. Accepting inspection assignments when the fee to be paid is

contingent upon the opinion, the conclusion, analysis, or report

reached, or upon the consequences resulting from such assignments;

8. Performing repair or maintenance work, or receiving

compensation either directly or indirectly from a company regularly

engaged in home repair work, on a property having four or fewer

dwelling units that the home inspector inspected within one (1) year

from the date of the inspection;

9. Accepting compensation from more than one client for a

single home inspection, unless the home inspector has informed all

clients who are paying a fee for that home inspection that such

compensation is sought or anticipated;

10. Except as provided in paragraph 14 of this subsection,

disclosing the results of a home inspection to any person other than

the client without the written consent of the client;

11. Failing to disclose to the client any conflict of interest

of which the inspector knows or should have known that may adversely

affect the client;

12. Failing to submit a written home inspection report within a

reasonable time as determined by the Board to the client after

compensation has been paid to the home inspector;

13. Paying any fees or other amounts due pursuant to the Home

Inspection Licensing Act or the rules promulgated pursuant thereto

Oklahoma Statutes - Title 59. Professions and Occupations

with a check that is dishonored upon presentation to the financial

institution on which it is drawn;

14. Failing, upon demand in writing by the Construction

Industries Board, a law enforcement agency, or a court of law, to

disclose any information within the knowledge of the licensee or to

produce any document in possession of a licensee or under control of

a licensee that relates to a home inspection; or

15. Disregarding or violating any provision of the Home

Inspection Licensing Act or rule promulgated pursuant to the Home

Inspection Licensing Act.

Added by Laws 2001, c. 423, § 13, eff. Nov. 1, 2001. Amended by

Laws 2008, c. 405, § 8, emerg. eff. June 3, 2008.

§59-858-634. Administrative fines.

A. The Committee may impose administrative fines on any

licensee licensed pursuant to the Home Inspection Licensing Act.

Fines may be imposed as follows:

1. Any administrative fine imposed as a result of a violation

of the Home Inspection Licensing Act or rules promulgated pursuant

thereto shall not:

a.

be less than Two Hundred Dollars ($200.00) and shall

not exceed Two Thousand Dollars ($2,000.00) for each

violation, or

b.

exceed Five Thousand Dollars ($5,000.00) for all

violations resulting from a single inspection;

2. All administrative fines shall be paid within thirty (30)

days of written notification to the licensee of the order imposing

the administrative fine or, if the licensee appeals the fine, within

thirty (30) days of the decision of the Construction Industries

Board in favor of the action of the Board unless the district court

stays the order of the Board pending an appeal pursuant to the

Administrative Procedures Act;

3. The Board may suspend the license until any fine imposed

upon the licensee is paid; and

4. If fines are not paid in full by the licensee as required by

this subsection, the Board shall revoke the license.

B. The administrative fines authorized by this section may be

imposed in addition to any other criminal penalties or civil actions

provided for by law.

Added by Laws 2001, c. 423, § 14, eff. Nov. 1, 2001. Amended by

Laws 2008, c. 405, § 9, emerg. eff. June 3, 2008.

§59-858-700. Short title.

This act shall be known and may be cited as the "Oklahoma

Certified Real Estate Appraisers Act".

Added by Laws 1990, c. 327, § 1, emerg. eff. May 31, 1990.

Oklahoma Statutes - Title 59. Professions and Occupations

§59-858-701. Legislative intent - Purpose of act.

It is the intent of the Legislature to develop a real estate

appraiser certification process which meets the federal guidelines

set forth in the Financial Institutions Reform, Recovery, and

Enforcement Act of 1989. The purpose of the Oklahoma Certified Real

Estate Appraisers Act is to provide appraisers within the state a

process for certification which will allow them to participate in a

federally related transaction and real estate-related financial

transactions of the agencies, instrumentalities and federally

recognized entities as defined and recognized in Title XI of the

Financial Institutions Reform, Recovery, and Enforcement Act of

1989. It is not the intent of this legislation to prevent any

person who is currently conducting business as an appraiser from

continuing such action unless such action involves a federally

related transaction or a real estate-related financial transaction

as defined in Title XI of the Financial Institutions Reform,

Recovery, and Enforcement Act of 1989.

Added by Laws 1990, c. 327, § 2, emerg. eff. May 31, 1990. Amended

by Laws 1996, c. 318, § 6, eff. July 1, 1996.

§59-858-702. Application of act.

A. This act shall only apply to:

1. Any appraisal or appraiser involving the following:

a.

a federally related transaction,

b.

real estate-related financial transactions of the

agencies, instrumentalities, and federally recognized

entities covered by the Financial Institutions Reform,

Recovery, and Enforcement Act of 1989, and

c.

any real estate-related transactions where an

appraisal report was made under a written agreement

that the appraisal report would follow the Uniform

Standards of Professional Appraisal Practice

guidelines or where a written appraisal states that it

is in compliance with the Uniform Standards of

Professional Appraisal Practice; and

2. Appraisers certified or licensed pursuant to the Oklahoma

Certified Real Estate Appraisers Act or representing themselves as

such, whether such license or certification is active, inactive,

expired, suspended, or revoked as set forth in this act and the

rules and regulations promulgated pursuant thereto, to the extent

that the appraisers and any real property valuation and any real

property valuation activity performed by them shall conform to the

code of ethics as set forth in this act.

B. Certified public accountants, licensed in the states or

other U.S. jurisdictions, who perform appraisals of real estate

incidental to the performance of professional services they provide

to clients are excluded from the licensing and certification

Oklahoma Statutes - Title 59. Professions and Occupations

provisions of the Oklahoma Certified Real Estate Appraisers Act

unless the appraisal is a federally related transaction or a real

estate-related financial transaction of the agencies,

instrumentalities and federally recognized entities covered by the

Financial Institutions, Reform, Recovery and Enforcement Act of

1989.

Added by Laws 1990, c. 327, § 3, emerg. eff. May 31, 1990. Amended

by Laws 1996, c. 318, § 7, eff. July 1, 1996; Laws 2006, c. 165, §

1, eff. Nov. 1, 2006.

§59-858-703. Definitions.

As used in the Oklahoma Certified Real Estate Appraisers Act:

1. "Appraisal" or "real estate appraisal" means an analysis,

opinion or conclusion relating to the nature, quality, value or

utility of specified interests in, or aspects of, identified real

estate other than oil, gas, coal, water and all other energy and

nonfuel mineral and elements or the value of underground space to be

used for storage of commodities or for the disposal of waste unless

they are appraised as part of a federally related transaction

covered by the Financial Institutions Reform, Recovery, and

Enforcement Act of 1989. An appraisal may be classified by subject

matter into either a valuation or an analysis. A "valuation" is an

estimate of the value of real estate or real property. An

"analysis" is a study of real estate or real property other than

estimating value;

2. "Appraisal report" means any written or oral communication

of an appraisal;

3. "Appraisal Subcommittee" means the subcommittee created by

Title XI of the Financial Institutions Reform, Recovery, and

Enforcement Act of 1989;

4. "Appraiser Qualifications Board" (AQB) means the independent

board appointed by the Board of Trustees of the Appraisal

Foundation. The AQB establishes educational, experience, and

examination criteria for appraisers. Title XI of the Financial

Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989

requires that state certified appraisers must meet the minimum

qualifications set by the AQB;

5. "Board" means the Real Estate Appraiser Board established

pursuant to the provisions of the Oklahoma Certified Real Estate

Appraisers Act;

6. "Certification" shall refer to either a trainee appraiser, a

state licensed appraiser, a state certified residential appraiser or

a state certified general appraiser;

7. "Certified appraisal or certified appraisal report" means an

appraisal or appraisal report given or signed and certified as such

by a trainee appraiser, a state licensed, state certified

residential or state certified general real estate appraiser. When

Oklahoma Statutes - Title 59. Professions and Occupations

identifying an appraisal or appraisal report as "certified", the

trainee, state licensed, state certified residential or state

certified general real estate appraiser must indicate which type of

certification is held. A certified appraisal or appraisal report

represents to the public that it meets the appraisal standards

defined in the Oklahoma Certified Real Estate Appraisers Act;

8. "Chairperson" means the chairperson of the Real Estate

Appraiser Board;

9. "Department" means the Insurance Department;

10. "Director" means the individual employed by the Board who

is responsible for supervising the regulation of appraiser and

appraisal management companies' credentialing and enforcement

programs; serves as liaison between the Board and other state and

federal entities and professional organizations; directs and

coordinates the day-to-day operations of the Board including

training staff, budgeting and ensuring adherence to the Oklahoma

Open Meeting Act and the Oklahoma Open Records Act;

11. "Real estate" means an identified parcel or tract of land

including improvements, if any;

12. "Real property" means one or more defined interests,

benefits, and rights inherent in the ownership of real estate;

13. "Trainee, state licensed, state certified residential or

state certified general real estate appraiser" means a person who

develops and communicates real estate appraisals and who holds a

current, valid certificate issued to such person for either general

or residential real estate pursuant to provisions of the Oklahoma

Certified Real Estate Appraisers Act;

14. "Appraisal assignment" means an engagement for which an

appraiser is employed or retained to act, or would be perceived by

third parties or the public as acting, as a disinterested third

party in rendering an unbiased analysis, opinion or conclusion

relating to the nature, quality, value or utility of specified

interests in, or aspects of, identified real estate; and

15. "Specialized services" means those appraisal services which

do not fall within the definition of appraisal assignment. The term

"specialized services" may include valuation work and analysis work.

Regardless of the intention of the client or employer, if the

appraiser would be perceived by third parties or the public as

acting as a disinterested third party in rendering an unbiased

analysis, opinion or conclusion, the work is classified as an

appraisal assignment and not "specialized services".

Added by Laws 1990, c. 327, § 4, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 1, eff. Sept. 1, 1991; Laws 1992, c. 132, §

1, eff. Sept. 1, 1992; Laws 1994, c. 144, § 1, eff. Sept. 1, 1994;

Laws 2001, c. 280, § 1, eff. July 1, 2001; Laws 2006, c. 165, § 2,

eff. Nov. 1, 2006; Laws 2021, c. 298, § 1, eff. July 1, 2021.

Oklahoma Statutes - Title 59. Professions and Occupations

§59-858-704. Use of term "state certified" – Injunctive

proceedings.

A. No person, other than a trainee, state licensed, state

certified residential or state certified general real estate

appraiser, shall assume or use that title or any title, designation,

or abbreviation likely to create the impression of certification as

a real estate appraiser by this state. A person who is not

certified pursuant to the provisions of the Oklahoma Certified Real

Estate Appraisers Act shall not describe or refer to any appraisal

or other evaluation of real estate located in this state by using

the term "state certified".

B. Violation of subsection A of this section, including using

or attempting to use the seal, certificate, or license of another as

their own, or falsely impersonating any duly licensed appraiser, or

using or attempting to use an inactive, expired, suspended, or

revoked license, is declared to be adverse to the public welfare, to

constitute a public nuisance, and to cause irreparable harm to the

public welfare. The Real Estate Appraiser Board, through the

Attorney General, or the local district attorney may maintain an

action for injunctive relief in the district court in the county in

which a violation of this section is alleged to have occurred to

enjoin any person from engaging in such practice.

C. Upon the filing of a verified petition in a district court,

the court, if satisfied by affidavit or otherwise that a person has

been engaged in the practice of real estate appraisal without a

valid license, may enter a temporary restraining order without

notice or bond enjoining the defendant from further practice. The

showing of the absence of a valid, active, unexpired license, by

affidavit or otherwise, is sufficient for the issuance of a

temporary injunction. If it is established that the defendant has

been or is engaged in violation of subsection A of this section, the

court may enter an order or judgment perpetually enjoining the

defendant from further unlawful acts. In all proceedings under this

section, the court, in its discretion, may apportion the costs among

the parties interested in the action, including the cost of filing

the complaint, service of process, witness fees and expenses, courtreported charges, and reasonable attorney fees. These injunctive

proceedings shall be in addition to, and not in lieu of, all

penalties and other remedies provided in the Oklahoma Certified Real

Estate Appraisers Act.

D. This act is hereby deemed to be voluntary on the part of

those who apply to become trainee, state licensed, state certified

residential or state certified general real estate appraisers.

Users of appraisals may determine, by their own discretion or by

guidelines, whether or not to use a trainee, state licensed, state

certified residential or state certified general real estate

appraiser.

Oklahoma Statutes - Title 59. Professions and Occupations

Added by Laws 1990, c. 327, § 5, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 2, eff. Sept. 1, 1991; Laws 1992, c. 132, §

2, eff. Sept. 1, 1992; Laws 2001, c. 280, § 2, eff. July 1, 2001;

Laws 2006, c. 165, § 3, eff. Nov. 1, 2006.

§59-858-705. Real Estate Appraiser Board - Members - Appointment Qualifications - Terms - Removal - Meetings - Chairperson - Quorum.

A. There is hereby established as an adjunct to the Department

an independent Real Estate Appraiser Board which shall consist of

seven (7) regular members and one ex officio member. The ex officio

member shall be the Insurance Commissioner. The seven regular

members shall be as follows: one from the commercial banking

industry; one of whom shall be a layperson; one of whom shall be in

the real estate sales industry; and four of whom shall be real

estate appraisers with no nationally recognized real estate

appraisal organization having more than two members on the Board.

B. The Governor shall appoint the members of the Real Estate

Appraiser Board.

C. Each real estate appraiser member of the Board appointed

after July 1, 1991, or within twenty-four (24) months of the

effective date of this act, whichever occurs first, must be a state

licensed, state certified residential or state certified general

real estate appraiser.

D. The term of each member shall be five (5) years; except that

of the members first appointed, two shall serve for one (1) year,

two shall serve for two (2) years, one shall serve for three (3)

years, one shall serve for four (4) years, and one shall serve for

five (5) years.

E. Members of the Board shall hold office until the appointment

and qualification of their successors. No person shall serve as a

member of the Board for more than two consecutive terms. The

Governor may remove a member for inefficiency, neglect of duty, or

malfeasance in office. The member shall be given notice and an

opportunity to be heard prior to removal.

F. The Board shall meet at least once each calendar quarter to

conduct its business. Written notice shall be given to each member

of the time and place of each meeting of the Board at least ten (10)

days before the scheduled date of the meetings.

G. The members of the Board shall elect a vice-chairperson from

among the members to preside at Board meetings when the chairperson

is absent.

H. A quorum of the Board shall be five members.

Added by Laws 1990, c. 327, § 6, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 3, eff. Sept. 1, 1991; Laws 1992, c. 132, §

3, eff. Sept. 1, 1992; Laws 1996, c. 318, § 8, eff. July 1, 1996;

Laws 2001, c. 280, § 3, eff. July 1, 2001.

Oklahoma Statutes - Title 59. Professions and Occupations

§59-858-705.1. Board – Ex-officio Chairperson - Duties.

A. In addition to the seven (7) appointed members of the Board,

the Insurance Commissioner shall serve as ex-officio Chairperson of

the Board, voting only in case of a tie.

B. As Chairperson, the Insurance Commissioner, in addition to

his duties prescribed by law as Insurance Commissioner on September

1, 1991, shall be required to perform the following duties, for

which duties he shall be paid an additional Twelve Thousand Dollars

($12,000.00) annually, payable monthly from appropriations made to

the Insurance Department:

1. Keep records of the proceedings of the Board;

2. Call special meetings of the Board when in the judgment of

the chairperson it is necessary or proper to do so;

3. Procure appropriate examination questions and answers which

shall meet criteria established by the Appraisal Qualifications

Board of the Appraisal Foundation and approved by the Board;

4. Prepare and file an annual report with the Speaker of the

House of Representatives, the President Pro Tempore of the Senate

and the Governor detailing the number of applicants for the

examination and the pass/fail rate;

5. Establish and maintain a recordkeeping system approved by

the Board to monitor compliance with the continuing education

requirements imposed by law;

6. Make recommendations to the Board concerning the

establishment of administrative procedures for conducting

disciplinary proceedings pursuant to the provisions of the Oklahoma

Certified Real Estate Appraisers Act;

7. Develop a procedure approved by the Board whereby persons

aggrieved by the actions of a licensed or certified appraiser may

file complaints with the Board;

8. Annually compile and file a report with the Speaker of the

House of Representatives, President Pro Tempore of the Senate and

the Governor detailing the number of complaints received by the

Board, the resulting number of investigations and hearings conducted

and the final disposition of these matters;

9. Prepare and file a report with the Speaker of the House of

Representatives, the President Pro Tempore of the Senate and the

Governor evaluating the impact of the voluntary

licensure/certification program on future appraisers and recommend

whether an appraiser trainee or apprenticeship program should be

instituted; and

10. Submit to the Speaker of the House of Representatives, the

President Pro Tempore of the Senate and the Governor on or before

January 1, 1994, a report evaluating the impact of the

licensure/certification requirements imposed by the Oklahoma

Certified Real Estate Appraisers Act on the appraiser and banking

industry and include in the report any recommendations for

Oklahoma Statutes - Title 59. Professions and Occupations

amendments to the Oklahoma Certified Real Estate Appraisers Act.

Added by Laws 1991, c. 271, § 4, eff. Sept. 1, 1991. Amended by

Laws 2019, c. 90, § 1, eff. Nov. 1, 2019; Laws 2021, c. 298, § 2,

eff. July 1, 2021.

§59-858-706. Powers and duties of Board.

A. The Board shall promulgate rules and regulations to

implement the provisions of the Oklahoma Certified Real Estate

Appraisers Act.

B. The Board shall have the following powers and duties:

1. The Real Estate Appraiser Board may employ a Director to

oversee the organization and activities of the Board and to ensure

compliance with rules promulgated by the Board. The Director shall

perform such other duties as the Board may prescribe. The salary of

the Director shall be set by the Board. The position of Director

shall be an unclassified position;

2. Board employees shall be hired by and subject to the

supervision and control of the Director or designee. Persons

employed by the Board shall serve at the direction and pleasure of

the Director. All employees are employees of this state and shall

be in the unclassified service;

3. Employees of the Board shall be considered unclassified

employees of the Insurance Department only for the purpose of

administrative support provided by the Insurance Department;

4. The Director is authorized to employ temporary workers or

contract labor as may be required to properly administer the

Oklahoma Certified Real Estate Appraisers Act;

5. To further define by regulation and with respect to each

category of Oklahoma certified real estate appraisers the type of

educational experience, appraisal experience and equivalent

experience that will meet the requirements of the Oklahoma Certified

Real Estate Appraisers Act, as approved by the Appraiser

Qualification Board of the Appraisal Foundation;

6. To establish the examination specifications for each

category of Oklahoma certified real estate appraiser;

7. To approve or disapprove applications for certification and

issue certificates;

8. To further define by regulation and with respect to each

category of Oklahoma certified real estate appraiser, the continuing

education requirements for the renewal of certification that will

meet the requirements of the Oklahoma Certified Real Estate

Appraisers Act as approved by the Appraiser Qualification Board of

the Appraisal Foundation;

9. To review from time to time the standards for the

development and communication of real estate appraisals provided in

the Oklahoma Certified Real Estate Appraisers Act and to adopt

regulations explaining and interpreting the standards;

Oklahoma Statutes - Title 59. Professions and Occupations

10. To establish administrative procedures for disciplinary

proceedings conducted pursuant to the provisions of the Oklahoma

Certified Real Estate Appraisers Act;

11.

To censure, suspend and revoke certificates pursuant to

the disciplinary proceedings provided in the Oklahoma Certified Real

Estate Appraisers Act; and

12. To perform such other functions and duties as may be

necessary in carrying out the provisions of the Oklahoma Certified

Real Estate Appraisers Act.

In the exercise of all powers and the performance of all duties

provided in the Oklahoma Certified Real Estate Appraisers Act, the

Board shall comply with the procedures provided in the

Administrative Procedures Act.

C. Actions of the Board shall not be subject to review by the

Department.

D. The members of the Board shall not be held civilly liable

for any action taken in good faith by the Board in its official

capacity pursuant to law unless such action is arbitrary and

capricious.

Added by Laws 1990, c. 327, § 7, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 5, eff. Sept. 1, 1991; Laws 2014, c. 97, §

1, eff. Nov. 1, 2014; Laws 2021, c. 298, § 3, eff. July 1, 2021.

§59-858-707. Powers and duties of Insurance Department.

The Insurance Department shall have the following powers and

duties:

1. The Department shall provide administrative support for the

Board including, but not limited to, office space, equipment and

furnishings, IT support, payroll and employee benefit administration

and processing, and travel and expense reimbursement, and shall

manage the Board's funds at the direction of the Board. The

Insurance Department shall be entitled to reimbursement for the

annual cost of providing administrative support. Upon invoice and a

written directive of any expenditure approved by the Director, the

Insurance Department shall process and make payment for the

expenditure from Board funds within fifteen (15) business days of

receipt of the written directive from the Board. All other Boarddirected expenditures shall be processed according to Insurance

Department policy;

2. To receive application for Oklahoma certification;

3. To establish the administrative procedures for processing

applications for Oklahoma certification;

4. To maintain a registry of the names and addresses of people

certified pursuant to the provisions of the Oklahoma Certified Real

Estate Appraisers Act and transmit such registry to the Appraisal

Subcommittee;

Oklahoma Statutes - Title 59. Professions and Occupations

5. To retain records and all application materials submitted to

it; and

6. To assist the Board in such other manner as may be

requested.

Added by Laws 1990, c. 327, § 8, emerg. eff. May 31, 1990. Amended

by Laws 2021, c. 298, § 4, eff. July 1, 2021.

§59-858-708. Fees.

A. The Insurance Department shall charge and collect fees not

to exceed the following:

1. Trainee Appraiser Certificate

(annually)

$300.00

2. State Licensed Appraiser Certificate

(annually)

$300.00

3. State Certified General Appraiser

Certificate (annually)

$300.00

4. State Certified Residential Appraiser

Certificate (annually)

$300.00

5. State Licensed Appraiser Examination

$150.00

6. State Certified General Appraiser

Examination

$150.00

7. State Certified Residential Appraiser

Examination

$150.00

8. Reexamination Fee

$150.00

9. Late Fee

$50.00

10. Reinstatement Fee

$50.00

11. Duplicate for Lost or Destroyed

Certificate

$5.00

12. Temporary Practice Fee Per Appraisal

$50.00

13. Maximum Temporary Practice Fee Per

Assignment

$150.00

B. The Department shall charge and collect such fees as may be

promulgated by administrative rule by the Real Estate Appraiser

Board for the conduct of experience reviews required in the

licensing process.

C. The Department shall charge and collect such fees as may be

promulgated by administrative rule by the Real Estate Appraiser

Board for review of submissions by course providers and instructors.

D. All state licensed, state certified residential, and state

certified general appraisers shall be responsible for payment of all

Federal Registry Fees. The Real Estate Appraiser Board shall

promulgate rules to assist appraisers in meeting the requirements of

the Appraisal Subcommittee of the Federal Financial Institutions

Examination Council.

Added by Laws 1990, c. 327, § 9, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 6, eff. Sept. 1, 1991; Laws 1992, c. 132, §

4, eff. Sept. 1, 1992; Laws 1994, c. 144, § 2, eff. Sept. 1, 1994;

Oklahoma Statutes - Title 59. Professions and Occupations

Laws 1996, c. 318, § 9, eff. July 1, 1996; Laws 2001, c. 280, § 4,

eff. July 1, 2001; Laws 2006, c. 165, § 4, eff. Nov. 1, 2006; Laws

2012, c. 216, § 1, eff. July 1, 2012.

§59-858-709. Applications for certification, renewal and

examination - Fees - Pledge of compliance with Board standards Temporary appraisers - Consent to suits and actions.

A. Applications for original certification, renewal

certification and examinations shall be made in writing to the

Insurance Department on forms approved by the Real Estate Appraiser

Board. Effective January 1, 2015, applicants for original

certification must submit to a criminal history records search that

complies with Section 858-709A of this title.

B. Appropriate fees, as fixed by the Department pursuant to

Section 858-708 of this title, must accompany all applications for

renewal certification.

C. At the time of filing an application for certification, each

applicant shall sign a pledge to comply with the standards set forth

in the Oklahoma Certified Real Estate Appraisers Act, and state that

such applicant understands the types of misconduct for which

disciplinary proceedings may be initiated against an Oklahoma

certified real estate appraiser, as set forth in the Oklahoma

Certified Real Estate Appraisers Act.

D. In accordance with Section 3351 of Title 12 of the United

States Code, the Board shall recognize, on a temporary basis, the

certification or license of an appraiser issued by another state if:

1. The property to be appraised is part of a federally related

transaction, as defined in the federal real estate appraisal reform

amendments;

2. The appraiser's business is of a temporary nature and

certified by the appraiser;

3. The appraiser registers the temporary practice with the

Board and pays fees as provided herein; and

4. The appraiser resides in or is working out of a state that

is also in compliance with Section 3351 of Title 12 of the United

States Code, that recognizes, on a temporary basis, the

certification or license of an Oklahoma appraiser in their state; or

5. As otherwise approved by the Board.

E. The applicant or any person registering with the Board for

temporary practice shall file an irrevocable consent that suits and

actions may be commenced against such person:

1. In the proper court of any county of this state in which a

cause of action may arise due to the person's actions as a state

licensed or certified real estate appraiser; or

2. In the county in which the plaintiff may reside.

The consent also shall stipulate and agree that service of

process or pleadings on the person shall be made by service upon the

Oklahoma Statutes - Title 59. Professions and Occupations

Board as the person's agent and held in all courts to be as valid

and binding as if personal service had been made upon the applicant

in Oklahoma. In case any processes or pleading mentioned in the

case is served upon the Board, it shall be by duplicate copies, one

of which shall be filed with the Board's Director and the other

immediately forwarded by registered mail to the nonresident state

licensed or certified real estate appraiser to whom the processes or

pleadings are directed.

Added by Laws 1990, c. 327, § 10, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 7, eff. Sept. 1, 1991; Laws 1994, c. 144, §

3, eff. Sept. 1, 1994; Laws 2006, c. 165, § 5, eff. Nov. 1, 2006;

Laws 2014, c. 97, § 2, eff. Nov. 1, 2014; Laws 2021, c. 298, § 5,

eff. July 1, 2021.

§59-858-709A. Criminal history records check.

For purposes of the Oklahoma Certified Real Estate Appraisers

Act, the required criminal history records check shall include a

state and national criminal history records search conducted by the

Oklahoma State Bureau of Investigation that is not more than ninety

(90) days old. Each criminal background check shall require:

1. The applicant shall submit a full set of usable fingerprints

that is not more than ninety (90) days old to the Real Estate

Appraiser Board for the purpose of permitting a state and federal

criminal history records search pursuant to Section 150.9 of Title

74 of the Oklahoma Statutes. The OSBI may exchange these

fingerprints with the Federal Bureau of Investigation (FBI);

2. The applicant shall furnish the Board fingerprints as

established by Board rules and any applicable fees as required by a

state or federal law enforcement agency to process the background

check;

3. The Board shall forward the fingerprints along with the

applicable fee for a national criminal records history search to the

OSBI. The Bureau shall retain one set of fingerprints in the

Automated Fingerprint Identification System and submit the other set

to the FBI for a national criminal history records search;

4. Any and all state and federal criminal history record

information obtained by the Board from the OSBI or the FBI that is

not already a matter of public record shall be deemed confidential.

The confidential information shall be restricted to the exclusive

use of the Board, its members, officers, investigators, agents and

attorneys in evaluating the applicant's eligibility or

disqualification for licensure; and

5. Fingerprint images may be rejected by the OSBI or the FBI

for a variety of reasons, including, but not limited to, fingerprint

quality or an inability by the OSBI or the FBI to classify the

fingerprints. These rejections require the applicant to be

fingerprinted again. Applicants with fingerprints rejected will be

Oklahoma Statutes - Title 59. Professions and Occupations

required to repay and be re-fingerprinted. Applicants are

responsible for insuring and verifying that all data is correct in

the fingerprinting process.

Added by Laws 2014, c. 97, § 4, eff. Nov. 1, 2014.

§59-858-710. Classifications of certification.

A. There shall be four classes for Oklahoma certified real

estate appraisers:

1. State Licensed Appraiser as defined by the Appraiser

Qualification Criteria promulgated by the Appraiser Qualifications

Board of the Appraisal Foundation;

2. State Certified Residential Appraiser as defined by the

Appraiser Qualification Criteria promulgated by the Appraiser

Qualifications Board of the Appraisal Foundation;

3. State Certified General Appraiser as defined by the

Appraiser Qualification Criteria promulgated by the Appraiser

Qualifications Board of the Appraisal Foundation; and

4. Trainee Appraiser as defined by the Appraiser Qualification

Criteria promulgated by the Appraiser Qualifications Board of the

Appraisal Foundation.

B. The application for original certification, renewal

certification and examination shall specify the classification of

certification being applied for and previously granted.

Added by Laws 1990, c. 327, § 11, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 8, eff. Sept. 1, 1991; Laws 1992, c. 132, §

5, eff. Sept. 1, 1992; Laws 1994, c. 144, § 4, eff. Sept. 1, 1994;

Laws 2001, c. 280, § 5, eff. July 1, 2001; Laws 2006, c. 165, § 6,

eff. Nov. 1, 2006.

§59-858-711. Areas of knowledge required for original

certification.

A. An original certification as a state licensed, state

certified residential or state certified general real estate

appraiser shall not be issued to any person who has not made

application with the Real Estate Appraiser Board within ninety (90)

days of having demonstrated through a written examination process

that such person possesses the following:

1. Appropriate knowledge of technical terms commonly used in or

related to real estate appraising, appraisal report writing, and

economic concepts applicable to real estate;

2. Understanding of the principles of land economics, real

estate appraisal processes, and of problems likely to be encountered

in gathering, interpreting, and processing of data in carrying out

appraisal disciplines;

3. Understanding of the standards for the development and

communication of real estate appraisals as provided in the Oklahoma

Certified Real Estate Appraisers Act;

Oklahoma Statutes - Title 59. Professions and Occupations

4. Knowledge of theories of depreciation, cost estimating,

methods of capitalization, and the mathematics of real estate

appraisal that are appropriate for the classification of certificate

applied for;

5. Knowledge of other principles and procedures as may be

appropriate for the respective classifications;

6. Basic understanding of real estate law; and

7. Understanding of the types of misconduct for which

disciplinary proceedings may be initiated against a trainee, state

licensed, state certified residential or state certified general

real estate appraiser, as set forth in the Oklahoma Certified Real

Estate Appraisers Act.

B. As long as the Board contracts with a private testing firm

in the administration of the written examination process, the Board

shall not require passing test scores which deviate from the

recommendations of such private testing firm.

Added by Laws 1990, c. 327, § 12, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 9, eff. Sept. 1, 1991; Laws 1992, c. 132, §

6, eff. Sept. 1, 1992; Laws 2001, c. 280, § 6, eff. July 1, 2001;

Laws 2006, c. 165, § 7, eff. Nov. 1, 2006.

§59-858-712. Examination for certification - Prerequisites.

A. State Certified General Appraiser - As a prerequisite to

taking the examination for certification as a State Certified

General Appraiser, an applicant shall present satisfactory evidence

to the Real Estate Appraiser Board that such applicant has

successfully completed the minimum educational requirement specified

by the Appraiser Qualification Criteria promulgated by the Appraiser

Qualifications Board of the Appraisal Foundation of courses in

subjects related to real estate appraisal from a nationally

recognized appraisal organization or college or university or

technology center school or private school approved by the Board and

such classes shall be made available on a regional basis throughout

the State of Oklahoma prior to the required examination date which

must include classroom hours related to standards of professional

practice.

B. State Certified Residential Appraiser - As a prerequisite to

taking the examination for certification as a State Certified

Residential Appraiser, an applicant shall present satisfactory

evidence to the Board that such applicant has successfully completed

the minimum educational requirement specified by the Appraiser

Qualification Criteria promulgated by the Appraiser Qualifications

Board of the Appraisal Foundation of courses in subjects related to

real estate appraisal from a nationally recognized appraisal

organization or college or university or technology center school or

private school approved by the Board and such classes shall be made

available on a regional basis throughout this state prior to the

Oklahoma Statutes - Title 59. Professions and Occupations

required examination date which must include classroom hours related

to standards of professional practice.

C. State Licensed Appraiser - As a prerequisite to taking the

examination for certification as a State Licensed Appraiser, an

applicant shall present satisfactory evidence to the Board that such

applicant has successfully completed the minimum education

requirement specified by the Appraiser Qualification Criteria

promulgated by the Appraiser Qualifications Board of the Appraisal

Foundation of courses in subjects related to real estate appraisal

from a nationally recognized appraisal organization or a college or

university or technology center school or private school approved by

the Board and such classes shall be made available on a regional

basis throughout the State of Oklahoma prior to the required

examination date which must include classroom hours related to

standards of professional practice. Provided, that any appraiser

who becomes state licensed prior to July 1, 2001, shall not be

required to complete any additional classroom hours necessary to

meet the minimum requirements of the Appraiser Qualifications Board

of the Appraisal Foundation in order to maintain certification as a

state licensed appraiser.

D. Trainee Appraiser – There shall be no examination for

certification as a Trainee Appraiser. As a prerequisite to

certification as a Trainee Appraiser, an applicant shall present

satisfactory evidence to the Board that such applicant has

successfully completed the minimum education requirement specified

by the Appraiser Qualification Criteria promulgated by the Appraiser

Qualifications Board of the Appraisal Foundation of courses in

subjects related to real estate appraisal from a nationally

recognized appraisal organization or a college or university or area

technology center school or private school approved by the Board and

such classes shall be made available on a regional basis throughout

the State of Oklahoma prior to the required examination date which

must include classroom hours related to standards of professional

practice.

Added by Laws 1990, c. 327, § 13, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 10, eff. Sept. 1, 1991; Laws 1992, c. 132, §

7, eff. Sept. 1, 1992; Laws 1994, c. 144, § 5, eff. Sept. 1, 1994;

Laws 2001, c. 33, § 49, eff. July 1, 2001; Laws 2001, c. 280, § 7,

eff. July 1, 2001; Laws 2006, c. 165, § 8, eff. Nov. 1, 2006; Laws

2025, c. 112, § 1, eff. Nov. 1, 2025.

§59-858-713. Experience required for certification Qualifications.

A. An original certification as a state certified general or a

state certified residential or state licensed appraiser shall not be

issued to any person who does not possess the equivalent of the

minimum requirements of experience promulgated by the Appraiser

Oklahoma Statutes - Title 59. Professions and Occupations

Qualifications Board of the Appraisal Foundation in real property

appraisal supported by adequate written reports or file memoranda.

Provided, no experience shall be required for a trainee appraiser.

Provided, any state licensed appraiser who becomes state licensed

prior to July 1, 2001, shall not be required to attain the minimum

requirements of experience promulgated by the Appraiser

Qualifications Board to maintain certification as a state licensed

appraiser.

B. Each applicant for certification as a state certified

general or a state certified residential or state licensed appraiser

shall furnish under oath a detailed listing of the real estate

appraisal reports or file memoranda for each year for which

experience is claimed by the applicant. Upon request, the applicant

shall make available to the Real Estate Appraiser Board for

examination, a sample of appraisal reports which the applicant has

prepared in the course of that applicant's appraisal practice.

C. Each applicant for a certification upgrade to a state

certified general or a state certified residential or state licensed

appraiser shall be required to meet the prerequisites for the

certification sought as provided in Section 858-712 of this title

and the minimum requirements promulgated by the Appraiser

Qualifications Board of the Appraisal Foundation as required by

subsection A of this section. The application for a certification

upgrade shall be processed as provided for an application for

original certification, except all applications for certification

upgrades shall be expedited. During the initial review period, all

qualifications and experience including review of sample appraisal

reports submitted shall be considered. Upon completion of the

initial review, the applicant shall be notified as to whether or not

the application for certification upgrade is approved. In the event

an application for a certification upgrade is denied, a second

review shall automatically commence. During a second review, the

applicant may be required to submit different sample appraisal

reports as authorized in subsection B of this section or other

information requested by the Board or reviewer which would tend to

clarify or assist in determining the applicant's qualifications and

experience relating to the certification being sought. Following

the completion of the second review, the applicant shall be notified

in writing by the Board as to whether or not the application for

certification upgrade is approved, and if denied, the notification

shall state recommendations for improving qualifications and

experience and any criteria for reapplication.

D. In order to expedite the application process provided in

this section, the Real Estate Appraiser Board shall employ by

contract, as necessary, a qualified appraiser or appraisers to

review the applicants’ experience for compliance with the minimum

requirements promulgated by the Appraiser Qualifications Board of

Oklahoma Statutes - Title 59. Professions and Occupations

the Appraisal Foundation as required by subsection A of this

section. In the event the application process cannot be completed

in ninety (90) days, the Real Estate Appraiser Board shall notify

the applicant of the reason for delay or provide an estimated date

for completion of the application process.

Added by Laws 1990, c. 327, § 14, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 11, eff. Sept. 1, 1991; Laws 1992, c. 132, §

8, eff. Sept. 1, 1992; Laws 1994, c. 144, § 6, eff. Sept. 1, 1994;

Laws 2001, c. 280, § 8, eff. July 1, 2001; Laws 2012, c. 216, § 2,

eff. July 1, 2012.

§59-858-714. Term of certificate - Expiration.

The term of a certificate issued under the authority of this act

shall be three (3) years from the date of issuance. The expiration

date of certificate shall appear on the certificate and no other

notice of its expiration need be given to its holder.

Added by Laws 1990, c. 327, § 15, emerg. eff. May 31, 1990.

§59-858-715. Nonresident applicants - Consent of service of process

- Reciprocal license.

A. Every applicant for certification pursuant to the provisions

of the Oklahoma Certified Real Estate Appraisers Act who is not a

resident of this state shall submit, with the application for

certification, an irrevocable consent that service of process upon

the applicant may be made by delivery of the process to the

Secretary of State if, in an action against the applicant in a court

of this state arising out of the applicant's activities as an

Oklahoma certified real estate appraiser, the plaintiff cannot, in

the exercise of due diligence, effect personal service upon the

applicant.

B. An appraiser licensed by and residing in another state who

is not licensed as an Oklahoma appraiser and who does not obtain an

Oklahoma temporary practice permit for such purpose, may apply for

and obtain an Oklahoma reciprocal license if:

1. The appraiser licensing and certification program of the

state of the appraiser’s licensure and residence is in compliance

with the reciprocity provisions of 12 U.S.C. 3351(b) and such other

state has in place a policy of issuing a reciprocal certification or

license for an appraiser licensed by another state; and

2. The nonresident appraiser holds a valid certification from a

state whose requirements for appraiser certification or licensing

meet or exceed the appraiser licensure standards established by the

Oklahoma Certified Real Estate Appraisers Act.

Added by Laws 1990, c. 327, § 16, emerg. eff. May 31, 1990. Amended

by Laws 1994, c. 144, § 7, eff. Sept. 1, 1994; Laws 2012, c. 142, §

1, eff. Nov. 1, 2012.

Oklahoma Statutes - Title 59. Professions and Occupations

§59-858-716. Nonresident applicants from states with substantially

equivalent certification requirements.

If, in the determination by the Board, another state is deemed

to have substantially equivalent certification requirements, an

applicant who is certified under the laws of such other state may

obtain a certificate as an Oklahoma certified real estate appraiser

upon such terms and conditions as may be determined by the Board

provided they are in good standing with the state in which they hold

a current certification and have become a resident of Oklahoma.

Added by Laws 1990, c. 327, § 17, emerg. eff. May 31, 1990. Amended

by Laws 1994, c. 144, § 8, eff. Sept. 1, 1994.

§59-858-717. Denial of certificate.

A. The Board shall, in accordance with the provisions of the

Oklahoma Certified Real Estate Appraisers Act relating to hearings

on original certification and the requirement for such applicants to

submit to a criminal history records search on and after January 1,

2015, deny the issuance of a certificate as a trainee, statelicensed, state-certified residential or state-certified general

real estate appraiser to the applicant on any of the grounds stated

below:

1. If the applicant has been convicted of, or pled guilty or

nolo contendere to a felony in a domestic or foreign court during

the five-year period immediately preceding the date of application;

2. If the applicant has been convicted of, or pled guilty or

nolo contendere to a felony in a domestic or foreign court at any

time preceding the date of application if such felony involved an

act of fraud, dishonesty, a breach of trust or money laundering; or

3. The applicant has failed to demonstrate character and

general fitness such as to warrant a determination that the

applicant may not operate honestly and fairly in the conduct of

appraisals as outlined within the real property appraisal

qualifications criteria established by the Appraiser Qualifications

Board.

B. The Board may for all other applicants, in accordance with

the provisions of the Oklahoma Certified Real Estate Appraisers Act

relating to hearings, deny the issuance of a certificate as a

trainee, state licensed, state certified residential or state

certified general real estate appraiser to an applicant on any of

the grounds enumerated in the Oklahoma Certified Real Estate

Appraisers Act.

Added by Laws 1990, c. 327, § 18, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 12, eff. Sept. 1, 1991; Laws 1992, c. 132, §

9, eff. Sept. 1, 1992; Laws 2001, c. 280, § 9, eff. July 1, 2001;

Laws 2014, c. 97, § 3, eff. Nov. 1, 2014.

Oklahoma Statutes - Title 59. Professions and Occupations

§59-858-718. Address of appraiser's principal place of business Notification of change - Residence addresses.

A. Each trainee, state licensed, state certified residential or

state certified general real estate appraiser shall advise the Real

Estate Appraiser Board of the address of that appraiser's principal

place of business and all other addresses at which such appraiser is

currently engaged in the business of preparing real property

appraisal reports.

B. Whenever a trainee, state licensed, state certified

residential or state certified general real estate appraiser changes

a place of business, that appraiser shall immediately give written

notification of the change to the Board.

C. Every trainee, state licensed, state certified residential

or state certified general real estate appraiser shall notify the

Board of that appraiser's current residence address. Residence

addresses on file with the Board are exempt from disclosure as

public records.

Added by Laws 1990, c. 327, § 19, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 13, eff. Sept. 1, 1991; Laws 1992, c. 132, §

10, eff. Sept. 1, 1992; Laws 2001, c. 280, § 10, eff. July 1, 2001;

Laws 2006, c. 165, § 9, eff. Nov. 1, 2006.

§59-858-719. Certificate signatures and numbers.

A. A certificate issued pursuant to the provisions of the

Oklahoma Certified Real Estate Appraisers Act shall bear the

signatures or facsimile signatures of the members of the Board and a

certificate number assigned by the Board.

B. Each trainee, state licensed, state certified residential or

state certified general real estate appraiser shall place that

appraiser's certificate number adjacent to or immediately below the

title Trainee Appraiser, State Licensed Appraiser, State Certified

Residential Appraiser or State Certified General Appraiser when used

in an appraisal report or in a contract or other instrument used by

the certificate holder in conducting real property appraisal

activities.

Added by Laws 1990, c. 327, § 20, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 14, eff. Sept. 1, 1991; Laws 1992, c. 132, §

11, eff. Sept. 1, 1992; Laws 2001, c. 280, § 11, eff. July 1, 2001.

§59-858-720. Issuance of certificate to corporation, partnership,

firm or group prohibited.

A. The terms "Trainee, State Licensed, State Certified

Residential or State Certified General Real Estate Appraiser" may

only be used to refer to individuals who hold the license or

certificate and may not be used following or immediately in

connection with the name or signature of a firm, partnership,

corporation, or group; or in such manner that it might be

Oklahoma Statutes - Title 59. Professions and Occupations

interpreted as referring to a firm, partnership, corporation, group,

or anyone other than an individual holder of the certificate.

B. No certificate shall be issued pursuant to the provisions of

the Oklahoma Certified Real Estate Appraisers Act to a corporation,

partnership, firm or group. This shall not be construed to prevent

a trainee, state licensed, state certified residential or state

certified general real estate appraiser from signing an appraisal

report on behalf of a corporation, partnership, firm or group

practice.

Added by Laws 1990, c. 327, § 21, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 15, eff. Sept. 1, 1991; Laws 1992, c. 132, §

12, eff. Sept. 1, 1992; Laws 2001, c. 280, § 12, eff. July 1, 2001.

§59-858-721. Renewal certificate - Late renewal fee.

A. To obtain a renewal certificate as a trainee, state

licensed, state certified residential or state certified general

real estate appraiser, the holder of a current, valid certificate

shall make application and pay the prescribed fee to the Board not

earlier than one hundred twenty (120) days nor later than thirty

(30) days after the expiration date of the certificate then held.

With the application for renewal, the trainee, state licensed, state

certified residential or state certified general real estate

appraiser shall present evidence in the form prescribed by the Board

of having completed the continuing education requirements for

renewal specified pursuant to the provisions of the Oklahoma

Certified Real Estate Appraisers Act.

B. If a person fails to renew a certificate as a trainee, state

licensed, state certified residential or state certified general

real estate appraiser prior to its expiration, the person may obtain

a renewal certificate by satisfying all of the requirements for

renewal and by the payment of a late renewal fee.

Added by Laws 1990, c. 327, § 22, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 16, eff. Sept. 1, 1991; Laws 1992, c. 132, §

13, eff. Sept. 1, 1992; Laws 2001, c. 280, § 13, eff. July 1, 2001.

§59-858-722. Continuing education requirements - Board regulations

- Requirement for reinstatement.

A. As a prerequisite to renewal of certification, a trainee,

state licensed, state certified residential or state certified

general real estate appraiser shall present evidence satisfactory to

the Real Estate Appraiser Board of having met the continuing

education requirements of this section.

B. The basic continuing education requirement of renewal of

certification shall be the completion by the applicant, during the

immediately preceding term of certification, of the minimum number

of classroom hours of instruction in courses or seminars according

to the guidelines promulgated by the Appraiser Qualifications Board.

Oklahoma Statutes - Title 59. Professions and Occupations

C. The Board shall adopt regulations for implementation of the

provisions of this section assuring that persons renewing their

certifications as trainee, state licensed, state certified

residential or state certified general real estate appraisers have

current knowledge of real property appraisal theories, practices,

and techniques which will provide a high degree of service and

protection to those members of the public with whom they deal in a

professional relationship under authority of the certification. The

regulations shall prescribe the following:

1. Policies and procedures for obtaining Board approval of

courses of instruction pursuant to subsection B of this section; and

2. Standards, monitoring methods, and systems for recording

attendance to be employed by course sponsors as a prerequisite to

Board approval of courses for credit.

D. No amendment or repeal of a regulation adopted by the Board

pursuant to this section shall operate to deprive a trainee, state

licensed, state certified residential or state certified general

real estate appraiser of credit toward renewal of certification for

any course of instruction completed by the applicant prior to the

amendment or repeal of the regulation which would have qualified for

continuing education credit under the regulation as it existed prior

to the repeal or amendment.

E. Commencing thirty (30) days after the effective date of this

act, a certification as a trainee, state licensed, state certified

residential or state certified general real estate appraiser that

has been revoked as a result of disciplinary action by the Board

shall not be reinstated unless the applicant presents evidence of

completion of the continuing education required pursuant to the

provisions of the Oklahoma Real Estate Appraisers Act. This

requirement of evidence of continuing education shall not be imposed

upon an applicant for reinstatement who has been required to

successfully complete the examination for trainee, state licensed,

state certified residential or state certified general real estate

appraiser as a condition to reinstatement of certification.

Added by Laws 1990, c. 327, § 23, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 17, eff. Sept. 1, 1991; Laws 1992, c. 132, §

14, eff. Sept. 1, 1992; Laws 1994, c. 144, § 9, eff. Sept. 1, 1994;

Laws 2001, c. 280, § 14, eff. July 1, 2001; Laws 2006, c. 165, § 10,

eff. Nov. 1, 2006.

§59-858-723. Disciplinary proceedings – Penalties - Grounds - Civil

judgment as basis - Complaints – Definitions.

A. The Real Estate Appraiser Board, after notice and

opportunity for a hearing, pursuant to Article II of the

Administrative Procedures Act, may issue an order imposing one or

more of the following penalties whenever the Board finds, by clear

and convincing evidence, that a certificate holder has violated any

Oklahoma Statutes - Title 59. Professions and Occupations

provision of the Oklahoma Certified Real Estate Appraisers Act, or

rules promulgated pursuant thereto:

1. Revocation of the certificate with or without the right to

reapply;

2. Suspension of the certificate for a period not to exceed

five (5) years;

3. Probation, for a period of time and under such terms and

conditions as deemed appropriate by the Board;

4. Stipulations, limitations, restrictions, and conditions

relating to practice;

5. Censure, including specific redress, if appropriate;

6. Reprimand, either public or private;

7. Satisfactory completion of an educational program or

programs;

8. Administrative fines as authorized by the Oklahoma Certified

Real Estate Appraisers Act; and

9. Payment of costs expended by the Board for any legal fees

and costs and probation and monitoring fees including, but not

limited to, administrative costs, witness fees and attorney fees.

B. 1. Any administrative fine imposed as a result of a

violation of the Oklahoma Certified Real Estate Appraisers Act or

the rules of the Board promulgated pursuant thereto shall not:

a.

be less than Fifty Dollars ($50.00) and shall not

exceed Two Thousand Dollars ($2,000.00) for each

violation of this act or the rules of the Board, or

b.

exceed Five Thousand Dollars ($5,000.00) for all

violations resulting from a single incident or

transaction.

2. All administrative fines shall be paid within thirty (30)

days of notification of the certificate holder by the Board of the

order of the Board imposing the administrative fine, unless the

certificate holder has entered into an agreement with the Board

extending the period for payment.

3. The certificate may be suspended until any fine imposed upon

the licensee by the Board is paid.

4. Unless the certificate holder has entered into an agreement

with the Board extending the period for payment, if fines are not

paid in full by the licensee within thirty (30) days of the

notification by the Board of the order, the fines shall double and

the certificate holder shall have an additional thirty-day period.

If the double fine is not paid within the additional thirty-day

period, the certificate shall automatically be revoked.

5. All monies received by the Board as a result of the

imposition of the administrative fine provided for in this section

shall be deposited in the Oklahoma Certified Real Estate Appraisers

Revolving Fund created pursuant to Section 858-730 of this title.

Oklahoma Statutes - Title 59. Professions and Occupations

C. The rights of any holder under a certificate as a trainee,

state licensed, state certified residential or state certified

general real estate appraiser may be revoked or suspended, or the

holder of the certificate may be otherwise disciplined pursuant to

the provisions of the Oklahoma Certified Real Estate Appraisers Act,

upon any of the grounds set forth in this section. The Board may

investigate the actions of a trainee, state licensed, state

certified residential or state certified general real estate

appraiser, and may revoke or suspend the rights of a certificate

holder or otherwise discipline a trainee, state licensed, state

certified residential or state certified general real estate

appraiser for any of the following acts or omissions:

1. Procuring or attempting to procure a certificate pursuant to

the provisions of the Oklahoma Certified Real Estate Appraisers Act

by knowingly making a false statement, knowingly submitting false

information, refusing to provide complete information in response to

a question in an application for certification or through any form

of fraud or misrepresentation;

2. Failing to meet the minimum qualifications established

pursuant to the provisions of the Oklahoma Certified Real Estate

Appraisers Act;

3. Paying money other than provided for by the Oklahoma

Certified Real Estate Appraisers Act to any member or employee of

the Board to procure a certificate pursuant to the Oklahoma

Certified Real Estate Appraisers Act;

4. A conviction, including a conviction based upon a plea of

guilty or nolo contendere, of a felony crime that substantially

relates to the practice of real estate appraisals or poses a

reasonable threat to public safety;

5. An act or omission involving dishonesty, fraud, or

misrepresentation with the intent to substantially benefit the

certificate holder or another person or with the intent to

substantially injure another person;

6. Violation of any of the standards for the development or

communication of real estate appraisals as provided in the Oklahoma

Certified Real Estate Appraisers Act;

7. Failure or refusal without good cause to exercise reasonable

diligence in developing an appraisal, preparing an appraisal report

or communicating an appraisal;

8. Negligence or incompetence in developing an appraisal, in

preparing an appraisal report, or in communicating an appraisal;

9. Willfully disregarding or violating any of the provisions of

the Oklahoma Certified Real Estate Appraisers Act or the regulations

of the Board for the administration and enforcement of the

provisions of the Oklahoma Certified Real Estate Appraisers Act;

10. Accepting an appraisal assignment when the employment

itself is contingent upon the appraiser reporting a predetermined

Oklahoma Statutes - Title 59. Professions and Occupations

estimate, analysis or opinion, or where the fee to be paid is

contingent upon the opinion, conclusion, or valuation reached, or

upon the consequences resulting from the appraisal assignment;

11. Violating the confidential nature of governmental records

to which the appraiser gained access through employment or

engagement as an appraiser by a governmental agency;

12. Entry of a final civil judgment against the person on

grounds of deceit, fraud, or willful or knowing misrepresentation in

the making of any appraisal of real property;

13. Violating any of the provisions in the code of ethics set

forth in this title; or

14. Failing to at any time properly identify themselves

according to the specific type of certification held.

D. In a disciplinary proceeding based upon a civil judgment,

the trainee, state licensed, state certified residential or state

certified general real estate appraiser shall be afforded an

opportunity to present matters in mitigation and extenuation, but

may not collaterally attack the civil judgment.

E. 1. A complaint may be filed with the Board against a

trainee or state licensed or state certified appraiser for any

violations relating to a specific transaction of the Oklahoma

Certified Real Estate Appraisers Act by any person who is the

recipient of, relies upon or uses an appraisal prepared for a

federally related transaction or real-estate-related financial

transaction as described in Section 858-701 of this title.

2. Any person with knowledge of any circumstances surrounding

an act or omission by a trainee or state licensed or state certified

appraiser involving fraud, dishonesty or misrepresentation in any

real property valuation-related activity, not limited to federally

related transactions, may file a complaint with the Board setting

forth all facts surrounding the act or omission.

3. A complaint may be filed against a trainee or state licensed

or state certified appraiser directly by the Board, if reasonable

cause exists for violations of the code of ethics set forth in this

act.

4. Any complaint filed pursuant to this subsection shall be in

writing and shall be on a form approved by the Board, either in

paper form or filed electronically. The trainee or state licensed

or state certified appraiser shall be entitled to any hearings or

subject to any disciplinary proceedings provided for in the Oklahoma

Certified Real Estate Appraisers Act based upon any complaint filed

pursuant to this subsection.

F. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

Oklahoma Statutes - Title 59. Professions and Occupations

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.

Added by Laws 1990, c. 327, § 24, emerg. eff. May 31, 1990. Amended

by Laws 1991, c. 271, § 18, eff. Sept. 1, 1991; Laws 1992, c. 132, §

15, eff. Sept. 1, 1992; Laws 1996, c. 318, § 10, eff. July 1, 1996;

Laws 2001, c. 280, § 15, eff. July 1, 2001; Laws 2006, c. 165, § 11,

eff. Nov. 1, 2006; Laws 2015, c. 183, § 5, eff. Nov. 1, 2015; Laws

2025, c. 112, § 2, eff. Nov. 1, 2025.

§59-858-724. Notice and hearing - Subpoenas and depositions.

A. Before suspending or revoking any certification, the Real

Estate Appraiser Board shall notify the appraiser in writing of any

charges made at least thirty (30) days prior to the date set for the

hearing and shall afford the appraiser an opportunity to be heard in

person or by counsel.

B. In any proceeding in which the Board is required to serve an

order on an individual, the Board may send such material to the

individual's address of record with the Board. If the order is

returned with a notation by the United States Postal Service

indicating that it is undeliverable for any reason, and the records

of the Board indicate that the Board has not received any change of

address since the order was sent, as required by the rules of the

Board, the order and any subsequent material relating to the same

matter sent to the most recent address on file with the Board shall

be deemed by the court as having been legally served for all

purposes. The written notice may be served personally or by

registered or certified mail to the last-known business and/or

residence address of the appraiser.

C. The Board shall have the power to subpoena and issue

subpoenas duces tecum and to bring before it any person in this

state, or to take testimony by deposition, in the same manner as

prescribed by law in judicial proceedings in the courts of this

state.

Added by Laws 1990, c. 327, § 25, emerg. eff. May 31, 1990. Amended

by Laws 2006, c. 165, § 12, eff. Nov. 1, 2006; Laws 2019, c. 90, §

2, eff. Nov. 1, 2019.

§59-858-725. Time and place of hearing - Final order of Board Review.

A. The hearing on the charges shall be at a time and place

prescribed by the Real Estate Appraiser Board and in accordance with

the provisions of the Administrative Procedures Act.

B. If the Board determines that an Oklahoma certified appraiser

is guilty of a violation of any of the provisions of the Oklahoma

Certified Real Estate Appraisers Act, it shall prepare an order

Oklahoma Statutes - Title 59. Professions and Occupations

containing findings of fact, conclusions of law, and disciplinary

penalties in accordance with Section 858-723 of this title. The

decision and order of the Board shall be final.

C. Any final decision or order of the Board shall be reviewable

by a court of appropriate jurisdiction in accordance with the

provisions of the Administrative Procedures Act.

Added by Laws 1990, c. 327, § 26, emerg. eff. May 31, 1990. Amended

by Laws 2006, c. 165, § 13, eff. Nov. 1, 2006.

§59-858-726. Uniform Standards of Professional Appraisal Practice Compliance required.

An Oklahoma certified real estate appraiser must comply with the

current edition of the Uniform Standards of Professional Appraisal

Practice, as promulgated by the Appraisal Standards Board of the

Appraisal Foundation when involved in a federally related

transaction or a real estate-related financial transaction of the

agencies, instrumentalities and federally recognized entities as

defined and recognized by the Financial Institutions Reform,

Recovery, and Enforcement Act of 1989, or when both the appraiser

and user of appraisal services agree in writing that the work

product is an appraisal, or when a written appraisal states that it

is in compliance with the Uniform Standards of Professional

Appraisal Practice.

Added by Laws 1990, c. 327, § 27, emerg. eff. May 31, 1990. Amended

by Laws 1996, c. 318, § 11, eff. July 1, 1996; Laws 2006, c. 165, §

14, eff. Nov. 1, 2006.

§59-858-727. Employment of certified real estate appraiser Compliance with Act.

A client or employer may retain or employ an Oklahoma certified

real estate appraiser to act as a disinterested third party in

rendering an unbiased estimate of value or analysis. A client or

employer may also retain or employ an Oklahoma certified real estate

appraiser to provide specialized services to facilitate the client's

or employer's objectives. In either case, the appraisal and the

appraisal report must comply with the provisions of this act.

Added by Laws 1990, c. 327, § 28, emerg. eff. May 31, 1990.

§59-858-728. Contingent fees.

A. An Oklahoma certified real estate appraiser may not accept a

fee for an appraisal assignment, as defined in the Oklahoma

Certified Real Estate Appraisers Act, that is contingent upon the

appraiser reporting a predetermined estimate, analysis or opinion or

is contingent upon the opinion, conclusion or valuation reached, or

upon the consequences resulting from the appraisal assignment.

B. An Oklahoma certified real estate appraiser who enters into

an agreement to perform specialized services, as defined in the

Oklahoma Statutes - Title 59. Professions and Occupations

Oklahoma Certified Real Estate Appraisers Act, may be paid a fixed

fee or a fee that is contingent on the results achieved by the

specialized services.

C. If an Oklahoma certified real estate appraiser enters into

an agreement to perform specialized services for a contingent fee,

this fact shall be clearly stated in each written and oral report.

In each written report, this fact shall be clearly stated in a

prominent location in such report and also in each letter of

transmittal and in the certification statement made by the appraiser

in such report.

Added by Laws 1990, c. 327, § 29, emerg. eff. May 31, 1990.

§59-858-729. Retention of records - Inspection by Board.

A. An Oklahoma certified real estate appraiser shall retain for

five (5) years, originals or true copies of all written contracts

engaging that appraiser's services for real property appraisal work,

and all reports and supporting data assembled and formulated by the

appraiser in preparing the reports.

B. This five-year period for retention of records is applicable

to each engagement of the services of the appraiser and shall

commence upon the date of the submittal of the appraisal to the

client unless, within such five-year period, the appraiser is

notified that the appraisal or report is involved in litigation, in

which event the five-year period for the retention of records shall

commence upon the date of the final disposition of such litigation.

C. All records required to be maintained pursuant to the

provisions of the Oklahoma Certified Real Estate Appraisers Act

shall be made available by the Oklahoma certified real estate

appraiser for inspection and copying by the Board on reasonable

notice to the appraiser.

Added by Laws 1990, c. 327, § 30, emerg. eff. May 31, 1990.

§59-858-730. Oklahoma Certified Real Estate Appraisers Revolving

Fund.

There is hereby created the "Oklahoma Certified Real Estate

Appraisers Revolving Fund". The fund shall consist of all monies,

other than appropriated monies, received by the Department from fees

collected. The fund shall be a continuing fund not subject to

fiscal year limitations and shall be subject to the administrative

direction of the Department. Expenditures from the fund shall be

made upon warrants issued by the State Treasurer against claims made

to the Director of the Office of Management and Enterprise Services.

Monies may be expended for the operating expenses of the Department

and the Board and shall be made pursuant to the laws of this state.

Added by Laws 1990, c. 327, § 31, emerg. eff. May 31, 1990. Amended

by Laws 2012, c. 304, § 271.

Oklahoma Statutes - Title 59. Professions and Occupations

§59-858-731.

1992.

Repealed by Laws 1992, c. 132, § 16, eff. Sept. 1,

§59-858-732. Code of ethics.

A. All persons listed in paragraph 2 of subsection A of Section

858-702 of this title must conduct all real property valuations and

any real property valuation-related activity in conformance with the

following:

1. An appraiser must perform ethically and competently and not

engage in conduct that is unlawful, unethical or improper. An

appraiser who could reasonably be perceived to act as a

disinterested third party in rendering an unbiased real property

valuation must perform assignments with impartiality, objectivity

and independence and without accommodation of personal interests;

2. The acceptance of compensation that is contingent upon the

reporting of a predetermined value or a direction in value that

favors the cause of the client, the amount of the value estimate,

the attainment of a stipulated result or the occurrence of a

subsequent event is unethical;

3. The payment of undisclosed fees, commissions or things of

value in connection with the procurement of real property valuation

assignments is unethical;

4. Advertising for or soliciting appraisal assignments in a

manner which is false, misleading or exaggerated is unethical;

5. An appraiser must protect the confidential nature of the

appraiser-client relationship; and

6. Using or attempting to use the seal, certificate, or license

of another as their own; falsely impersonating any duly licensed

appraiser; using or attempting to use an inactive, expired,

suspended, or revoked license; or aiding or abetting any of the

foregoing is unethical.

B. Although this code of ethics is based upon the ethics

provisions of the Uniform Standards of Professional Appraisal

Practice, it is not the intent of the Legislature to incorporate the

standards set forth in the Uniform Standards of Professional

Appraisal Practice.

Added by Laws 1996, c. 318, § 12, eff. July 1, 1996. Amended by

Laws 2006, c. 165, § 15, eff. Nov. 1, 2006.

§59-858-801. Oklahoma Appraisal Management Company Regulation Act.

This act shall be known and may be cited as the “Oklahoma

Appraisal Management Company Regulation Act”.

Added by Laws 2010, c. 364, § 1, eff. Jan. 1, 2011.

§59-858-802. Purpose of act.

It is the intent of the Legislature to develop a process for

real estate appraisal management company registration and regulation

Oklahoma Statutes - Title 59. Professions and Occupations

in order to protect lenders, financial institutions, clients,

consumers and the public from economic and financial harm and the

potential for such harm that may result from interference with the

independence, objectivity, and impartiality of the real estate

appraisal process.

The purpose of the Oklahoma Appraisal Management Company

Regulation Act is to provide a process for the registration and

regulation of entities conducting, performing or engaging in, or

attempting to conduct, perform or engage in, real estate appraisal

management services as a real estate appraisal management company

within the State of Oklahoma.

Added by Laws 2010, c. 364, § 2, eff. Jan. 1, 2011.

§59-858-803. Definitions.

As used in the Oklahoma Appraisal Management Company Regulation

Act:

1. "Affiliate" has the meaning provided in 12 U.S.C. 1841;

2. "AMC National Registry" means the registry of stateregistered appraisal management companies ("AMCs") and federallyregulated AMCs maintained by the Appraisal Subcommittee;

3. "Appraisal" means the practice of developing and reporting

an opinion of the value of real property in conformance with the

Uniform Standards of Professional Appraisal Practice as promulgated

by the Appraisal Standards Board of The Appraisal Foundation;

4. "Appraisal management company" or "AMC" means a person that

provides appraisal management services to creditors or to secondary

mortgage market participants, including affiliates; provides

services in connection with valuing a consumer's principal dwelling

as security for a consumer credit transaction or incorporating such

transactions into securitizations; and within a given 12-month

period oversees an appraiser panel of more than 15 state certified

or state licensed appraisers in Oklahoma or 25 or more statecertified or state licensed appraisers in two or more states. An

AMC does not include a department or division of an entity that

provides appraisal management services only to that entity;

5. "Appraisal management services" means, directly or

indirectly, to perform or attempt to perform any one or more of the

following functions on behalf of a lender, financial institution,

client, or any other person:

a.

administer an appraiser panel,

b.

recruit, qualify, verify licensing or certification,

and negotiate fees and service level expectations with

persons who are part of an appraiser panel,

c.

receive an order for an appraisal from one entity, and

deliver the order for the appraisal to an appraiser

that is part of an appraiser panel for completion,

Oklahoma Statutes - Title 59. Professions and Occupations

d.

track and determine the status of orders for

appraisals,

e.

conduct quality control of a completed appraisal prior

to the delivery of the appraisal to the person that

ordered the appraisal, or

f.

provide a completed appraisal performed by an

appraiser to one or more clients;

6. "Appraiser" means a person who holds a credential or a valid

temporary practice permit issued by the Oklahoma Real Estate

Appraiser Board pursuant to the Oklahoma Certified Real Estate

Appraisers Act as a State Certified General, State Certified

Residential, State Licensed, or Trainee Appraiser entitling that

person to perform an appraisal of real property in the State of

Oklahoma consistent with the scope of practice identified in the

Real Property Appraiser Qualification Criteria promulgated by the

Appraiser Qualifications Board of The Appraisal Foundation;

7. "Appraiser panel" means a network, list or roster of

licensed or certified appraisers approved by an AMC to perform

appraisals as independent contractors for the AMC. Appraisers on an

"appraiser panel" include appraisers accepted by the AMC for

consideration for future appraisal assignments in covered

transactions or for secondary mortgage market participants in

connection with covered transactions and appraisers engaged by the

AMC to perform one or more appraisals in covered transactions or for

secondary mortgage market participants in connection with covered

transactions. An appraiser is an independent contractor for

purposes of this subpart if the appraiser is treated as an

independent contractor by the AMC for purposes of federal income

taxation;

8. "Appraisal review" means the act or process of developing

and communicating an opinion about the quality of another

appraiser's work that was performed as part of an appraisal

assignment related to the appraiser's data collection, analysis,

opinions, conclusions, estimate of value, or compliance with the

Uniform Standards of Professional Appraisal Practice. This term

does not include:

a.

a general examination for grammatical, typographical

or other similar errors, or

b.

a general examination for completeness including

regulatory and/or client requirements as specified in

the agreement process that does not communicate an

opinion;

9. "Appraisal Subcommittee" means the Appraisal Subcommittee of

the Federal Financial Examinations Council;

10. "Board" means the Oklahoma Real Estate Appraiser Board;

11. "Competent appraiser" means an appraiser that satisfies

each provision of the Competency Rule of the Uniform Standards of

Oklahoma Statutes - Title 59. Professions and Occupations

Professional Appraisal Practice for a specific appraisal assignment

that the appraiser has received, or may receive, from an AMC;

12. "Consumer Credit" means credit offered or extended to a

consumer primarily for personal, family or household purposes;

13. "Covered Transaction" means any consumer credit transaction

secured by the consumer's principal dwelling;

14. "Credential" means a certificate issued by the Board

pursuant to the provisions of the Oklahoma Certified Real Estate

Appraisers Act authorizing an individual to act as a Trainee

Appraiser, State Licensed Appraiser, Certified Residential Appraiser

or State Certified General Appraiser in the State of Oklahoma;

15. "Controlling person" means:

a.

an owner, officer, manager, or director of a

corporation, partnership, firm, association, limited

liability company, or other business entity seeking to

offer appraisal management services in this state,

b.

an individual employed, appointed, or authorized by an

AMC that has the authority to enter into a contractual

relationship with other persons for the performance of

appraisal management services and has the authority to

enter into agreements with appraisers for the

performance of appraisals, or

c.

an individual who possesses, directly or indirectly,

the power to direct or cause the direction of the

management or policies of an AMC;

16. "Federally Regulated AMC" means an AMC that is owned and

controlled by an insured depository institution as defined in 12

U.S.C. 1813 and regulated by the Office of the Comptroller of the

Currency, the Board of Governors of the Federal Reserve System, the

Federal Deposit Insurance Corporation or the National Credit Union

Administration pursuant to sections 1112, 1113 and 1114 of Title XI

12 U.S.C. 3341-3343;

17. "Person" means an individual, firm, partnership,

association, corporation, or any other entity;

18. "Truth in Lending Act" or "TILA" means Title I of the

Consumer Credit Protection Act (15 U.S.C.A., Section 1601 et seq.),

and regulations thereunder; and

19. "Uniform Standards of Professional Appraisal Practice" or

"USPAP" means the edition of the Uniform Standards of Professional

Appraisal Practice promulgated by the Appraisal Standards Board of

The Appraisal Foundation in force as of the date that a report of an

appraisal was signed or communicated.

Added by Laws 2010, c. 364, § 3, eff. Jan. 1, 2011. Amended by Laws

2016, c. 195, § 1, eff. Nov. 1, 2016; Laws 2019, c. 90, § 3, eff.

Nov. 1, 2019.

§59-858-804.

Application for registration.

Oklahoma Statutes - Title 59. Professions and Occupations

A. It is unlawful for a person to directly or indirectly engage

or to attempt to engage in business as an AMC, to directly or

indirectly perform or to attempt to perform appraisal management

services, or to advertise or hold itself out as engaging in or

conducting business as an AMC without first obtaining a registration

issued by the Oklahoma Real Estate Appraiser Board under the

provisions of the Oklahoma Appraisal Management Company Regulation

Act.

B. The application for the registration required by subsection

A of this section shall be on a form approved by the Board and

shall, at a minimum, include the following information:

1. Legal name and any other trade or business name of the

entity seeking registration;

2. Mailing and physical addresses of the entity seeking

registration;

3. Telephone, email, website, and facsimile contact information

of the entity seeking registration;

4. If the entity is a corporation that is not domiciled in this

state, the name and contact information for the entity's agent for

service of process in this state;

5. If the entity is a corporation, limited liability company,

or partnership that is not domiciled in this state, proof that the

entity is properly and currently registered with the Office of the

Secretary of State;

6. The name, mailing and physical addresses, and contact

information for any person that owns the AMC;

7. The name, mailing and physical addresses, and contact

information for all named controlling persons;

8. A certification that the entity has a system and process in

place to verify that a person being added to the appraiser panel of

the AMC for appraisal services being performed in Oklahoma holds a

credential in good standing in this state pursuant to the Oklahoma

Certified Real Estate Appraisers Act and the rules promulgated

thereunder if a license or certification is required to perform

appraisals, pursuant to Section 858-817 of this title;

9. A certification that the entity has a system in place to

review the work of a statistically significant number of appraisal

reports submitted by each appraiser who is performing real estate

appraisal services for the AMC within Oklahoma on a periodic basis

to validate that the real estate appraisal services are being

conducted in accordance with USPAP and the Oklahoma Certified Real

Estate Appraisers Act and the rules promulgated thereunder;

10. A certification that the entity maintains a detailed record

of each service request that it receives and the appraiser that

performs real estate appraisal services for the AMC, pursuant to

Section 858-819 of this title;

Oklahoma Statutes - Title 59. Professions and Occupations

11. An irrevocable Uniform Consent to Service of Process,

pursuant to Section 858-807 of this title; and

12. Any other information reasonably required by the Board to

evaluate compliance with the application requirements in the

Oklahoma Appraisal Management Company Regulation Act.

Added by Laws 2010, c. 364, § 4, eff. Jan. 1, 2011. Amended by Laws

2016, c. 195, § 2, eff. Nov. 1, 2016; Laws 2019, c. 90, § 4, eff.

Nov. 1, 2019.

§59-858-805. Applicability of act.

The provisions of the Oklahoma Appraisal Management Company

Regulation Act shall not apply to:

1. A department or unit within a financial institution that is

subject to direct regulation by an agency of the United States

Government that is a member of the Federal Financial Institutions

Examination Council or its successor, or to regulation by an agency

of this state, that receives a request for the performance of an

appraisal from one employee of the financial institution, and

another employee of the same financial institution assigns the

request for the appraisal to an appraiser that is an independent

contractor to the institution, except that an AMC that is a wholly

owned subsidiary of a financial institution shall not be considered

a department or unit within a financial institution to which the

provisions of the Oklahoma Appraisal Management Company Regulation

Act do not apply;

2. A person that enters into an agreement, whether written or

otherwise, with an appraiser for the performance of an appraisal,

and upon the completion of the appraisal, the report of the

appraiser performing the appraisal is signed by both the appraiser

who completed the appraisal and the appraiser who requested the

completion of the appraisal, except that an AMC may not avoid the

requirements of the Oklahoma Appraisal Management Company Regulation

Act by requiring an employee of the AMC that is an appraiser to sign

an appraisal that is completed by an appraiser that is part of the

appraisal panel of the AMC; or

3. An individual or individuals who are state-certified or

state-licensed appraisers in good standing credentialed by the

Oklahoma Real Estate Appraiser Board and who are actively engaged in

the practice of real estate appraising and, as a function of the

practice, maintain a list of fifteen or fewer employees in Oklahoma

or twenty-four or less employees in two or more states who are

credentialed appraisers in good standing or independent contractor

credentialed appraisers in good standing.

Added by Laws 2010, c. 364, § 5, eff. Jan. 1, 2011. Amended by Laws

2019, c. 90, § 5, eff. Nov. 1, 2019.

§59-858-806.

Duration of registration.

Oklahoma Statutes - Title 59. Professions and Occupations

A registration or a renewal of a registration granted by the

Board pursuant to the Oklahoma Appraisal Management Company

Regulation Act shall be valid for one (1) year from the date on

which it is issued.

Added by Laws 2010, c. 364, § 6, eff. Jan. 1, 2011.

§59-858-807. Uniform Consent to Service of Process.

Each entity applying for registration as an AMC in this state

shall complete an irrevocable Uniform Consent to Service of Process,

as prescribed by the Oklahoma Real Estate Appraiser Board.

Added by Laws 2010, c. 364, § 7, eff. Jan. 1, 2011.

§59-858-808. Registration fees.

The Oklahoma Real Estate Appraiser Board shall establish the fee

to be paid by each AMC seeking registration or renewal of a

registration under the Oklahoma Appraisal Management Company

Regulation Act. The amount of the registration and renewal fees

must be the lesser of:

1. The Board’s determination of the sum of the fees paid by all

appraisal management companies seeking registration or renewal of a

registration under the Oklahoma Appraisal Management Company

Regulation Act sufficient for the administration of the Oklahoma

Appraisal Management Company Regulation Act; or

2. Two Thousand Dollars ($2,000.00).

Fees shall be received by the Oklahoma Insurance Department and

shall be deposited to the Oklahoma Certified Real Estate Appraisers

Revolving Fund as set forth in the Oklahoma Certified Real Estate

Appraisers Act.

Added by Laws 2010, c. 364, § 8, eff. Jan. 1, 2011.

§59-858-809. Ownership of AMC applying for, holding, or renewing a

registration.

A. An AMC applying for, holding, or renewing a registration

under the Oklahoma Appraisal Management Company Regulation Act shall

not be owned by:

1. A person who has held a credential issued by any appraisercredentialing jurisdiction to act as an appraiser that was refused,

denied, canceled, suspended, revoked or surrendered in lieu of a

pending disciplinary proceeding in any jurisdiction and not

subsequently granted or reinstated; or

2. An entity that is owned by any person who has held a

credential issued by any appraiser-credentialing jurisdiction to act

as an appraiser that was refused, denied, canceled, suspended,

revoked or surrendered in lieu of a pending disciplinary proceeding

in any jurisdiction and not subsequently granted or reinstated.

Oklahoma Statutes - Title 59. Professions and Occupations

B. Each person that owns an AMC applying for, holding, or

renewing a registration under the Oklahoma Appraisal Management

Company Regulation Act shall:

1. Be of good moral character, as determined by the Board; and

2. Submit to a background investigation, as determined by the

Board.

C. Each AMC applying for registration or for renewal of a

registration under the Oklahoma Appraisal Management Company

Regulation Act shall certify to the Oklahoma Real Estate Appraiser

Board on a form prescribed by the Board that it has reviewed each

entity that owns the AMC and that no entity has had a credential

issued by any appraiser-credentialing jurisdiction to act as an

appraiser that was refused, denied, cancelled, suspended, revoked,

or surrendered in lieu of a pending disciplinary proceeding in any

jurisdiction and not subsequently granted or reinstated.

Added by Laws 2010, c. 364, § 9, eff. Jan. 1, 2011. Amended by Laws

2016, c. 195, § 3, eff. Nov. 1, 2016; Laws 2019, c. 90, § 6, eff.

Nov. 1, 2019.

§59-858-810. AMC controlling person.

A. Each AMC applying to the Oklahoma Real Estate Appraiser

Board for a registration or for a renewal of a registration in this

state shall designate one controlling person that shall serve as the

main contact for all communication between the Board and the AMC.

B. The controlling person designated pursuant to subsection A

of this section shall:

1. Remain in good standing with any appraiser-credentialing

jurisdictions that the controlling person has credentials with,

however, nothing in this section shall require that a designated

controlling person hold an appraiser credential in any jurisdiction;

2. Have never had a credential issued by any appraisercredentialing jurisdiction to act as an appraiser refused, denied,

canceled, revoked, or surrendered in lieu of a pending disciplinary

proceeding in any jurisdiction;

3. Be of good moral character, as determined by the Board;

4. Submit to a background investigation, as determined by the

Board; and

5. Notify the Oklahoma Real Estate Appraiser Board of any

discipline imposed by any other jurisdiction, whether state or

federal, including but not limited to consent agreements or orders,

in connection with any real property valuation activity including,

but not limited to, public or private reprimand, censure, financial

penalty, probation, restriction on practice, delisting, suspension,

revocation, surrender of license or credential, debarment or any

other formal or informal resolution as to the Appraisal Management

Company or any of its individual controlling officers in their

capacity as an appraiser.

Oklahoma Statutes - Title 59. Professions and Occupations

a.

Discipline imposed by another jurisdiction shall be

reported in writing within ten (10) calendar days of

the certificate holder's receipt of the final order or

notice of the discipline imposed, and failure to

report shall itself be grounds for discipline.

b.

The decision of the other jurisdiction that imposed

discipline may not be collaterally attacked. The sole

issue to be determined by the Board in the

disciplinary proceeding in this state shall be the

extent of the final discipline to be imposed by the

Board which may be less or more severe than the

discipline imposed by the other jurisdiction that

imposed discipline.

Added by Laws 2010, c. 364, § 10, eff. Jan. 1, 2011. Amended by

Laws 2016, c. 195, § 4, eff. Nov. 1, 2016.

§59-858-811. AMC prohibited actions.

An AMC that applies to the Oklahoma Real Estate Appraiser Board

for a registration or to renew a registration to do business in this

state as an AMC shall not:

1. Employ any person who has had a credential issued by any

appraiser-credentialing jurisdiction to act as an appraiser that was

refused, denied, canceled, suspended, revoked, or surrendered in

lieu of a pending disciplinary proceeding in any jurisdiction and

not subsequently reinstated or granted;

2. Knowingly enter into any independent contractor arrangement,

whether in verbal, written, or other form for the performance of

appraisal or appraisal management services, with any person who has

had a credential that was issued by any appraiser-credentialing

jurisdiction to act as an appraiser refused, denied, canceled,

suspended, revoked, or surrendered in lieu of a pending disciplinary

proceeding in any jurisdiction and not subsequently reinstated or

granted; and

3. Knowingly enter into any contract, agreement, or other

business relationship, whether in verbal, written, or any other

form, with any entity that employs, has entered into an independent

contract arrangement, or has entered into any contract, agreement,

or other business relationship, whether in verbal, written, or any

other form for the performance of appraisal or appraisal management

services, with any person who has ever had a credential issued by

any appraiser-credentialing jurisdiction to act as an appraiser that

was refused, denied, canceled, suspended, revoked, or surrendered in

lieu of a pending disciplinary proceeding in any jurisdiction and

not subsequently reinstated or granted.

Added by Laws 2010, c. 364, § 11, eff. Jan. 1, 2011. Amended by

Laws 2016, c. 195, § 5, eff. Nov. 1, 2016.

Oklahoma Statutes - Title 59. Professions and Occupations

§59-858-812. AMC verification that an appraiser holds a credential

in good standing.

Prior to placing an assignment with an appraiser on the

appraiser panel of an AMC, the AMC shall verify that the appraiser

receiving the assignment holds a credential in good standing in this

state pursuant to the Oklahoma Certified Real Estate Appraisers Act

and the rules promulgated thereunder if a license or certification

is required to perform such appraisal. Letters of engagement shall

include instructions to the appraiser to decline the assignment in

the event the appraiser is not geographically competent or the

assignment falls outside the appraiser’s scope of practice

restrictions as established by the Board rules.

Added by Laws 2010, c. 364, § 12, eff. Jan. 1, 2011.

§59-858-813. Credentials of employees or contractors of an AMC.

Any employee of, or independent contractor to, the AMC that

performs an appraisal review for a property located in Oklahoma

shall be an appraiser credentialed in good standing in the State of

Oklahoma.

Added by Laws 2010, c. 364, § 13, eff. Jan. 1, 2011.

§59-858-814. Prohibition of contracts or agreements with

uncredentialed appraisers.

An AMC registered in this state pursuant to the Oklahoma

Appraisal Management Company Regulation Act shall not enter into any

contract or agreement with an appraiser for the performance of

appraisals unless it verifies that the individual is credentialed in

good standing to perform the appraisal pursuant to the Oklahoma

Certified Real Estate Appraisers Act.

Added by Laws 2010, c. 364, § 14, eff. Jan. 1, 2011.

§59-858-815. Annual certification of system or process to verify an

appraiser's credentials.

Each AMC seeking to be registered in this state shall certify to

the Oklahoma Real Estate Appraiser Board on an annual basis on a

form prescribed by the Board that the AMC has a system and process

in place to verify that an individual being added to the appraiser

panel of the AMC for appraisal services holds a credential in good

standing in this state pursuant to the Oklahoma Certified Real

Estate Appraisers Act.

Added by Laws 2010, c. 364, § 15, eff. Jan. 1, 2011.

§59-858-816. Annual certification of system to validate an

appraiser's performance.

Each AMC seeking to be registered or to renew a registration in

this state shall certify to the Oklahoma Real Estate Appraiser Board

on a form prescribed by the Board on an annual basis that it has a

Oklahoma Statutes - Title 59. Professions and Occupations

system in place to perform an appraisal review of the work product

of a statistically significant number of appraisal reports submitted

by each appraiser who is performing appraisals for the AMC on a

periodic basis to validate that the appraisals are being conducted

in accordance with the USPAP and the Oklahoma Certified Real Estate

Appraisers Act and the rules promulgated thereunder. An AMC shall

report to the Board the results of any appraisal reviews in which an

appraisal is found to be substantially noncompliant with USPAP.

Added by Laws 2010, c. 364, § 16, eff. Jan. 1, 2011.

§59-858-817. Annual certification of each service request.

A. Each AMC seeking to be registered or to renew an existing

registration in this state shall certify to the Oklahoma Real Estate

Appraiser Board on a form prescribed by the Board on an annual basis

that it maintains a detailed record of each service request that it

receives for appraisal of real property located in Oklahoma.

B. An AMC registered under the provisions of the Oklahoma

Appraisal Management Company Regulation Act shall retain for five

(5) years all records required to be maintained under the Oklahoma

Appraisal Management Company Regulation Act as described in the

rules promulgated by the Board in accordance with the Oklahoma

Appraisal Management Company Regulation Act. This five-year period

shall commence on the date of the final action by the AMC for each

individual transaction or, if the AMC is notified that the

transaction is involved in litigation, the five-year period shall

commence on the date that the litigation is finally disposed.

C. All records required to be maintained by the registered AMC

pursuant to the provisions of the Oklahoma Appraisal Management

Company Regulation Act and the rules promulgated thereunder shall be

made available by the registration holder for inspection and copying

by the Board or its designee on reasonable notice to the AMC.

Added by Laws 2010, c. 364, § 17, eff. Jan. 1, 2011.

§59-858-818. Disclosure of fees paid for appraiser management

services and the appraisal assignment.

A. An AMC registered under the Oklahoma Appraisal Management

Company Regulation Act shall be required to have a system in place

to disclose to its client the fees paid for appraisal management

services and the fees paid to the appraiser for the completion for

an appraisal assignment.

B. An AMC registered under the Oklahoma Appraisal Management

Company Regulation Act that applies for registration in this state

shall not prohibit an appraiser that is part of an appraiser panel

of the AMC from recording the fee that the appraiser was paid by the

AMC for the performance of the appraisal within the communication of

the appraisal that is submitted by the appraiser to the AMC.

Added by Laws 2010, c. 364, § 18, eff. Jan. 1, 2011.

Oklahoma Statutes - Title 59. Professions and Occupations

§59-858-819. Violations of act.

A. Appraisal Management Companies shall comply with the

appraisal independence requirements of Section 129E(a) through (i)

of the Truth in Lending Act, 15 U.S.C., Section 1639e(a) through

(i), and regulations thereunder.

B. It shall be unlawful and a violation of the Oklahoma

Appraisal Management Company Regulation Act for any employee,

partner, director, officer, or agent of an AMC to influence or

attempt to influence the development, reporting, result, or review

of an appraisal through coercion, extortion, collusion,

compensation, inducement, intimidation, bribery or in any other

manner, including but not limited to:

1. Withholding or threatening to withhold timely payment or

partial payment for an appraisal with the exception of a substandard

or noncompliant appraisal;

2. Withholding or threatening to withhold, either expressed or

implied, future business from, or demoting or terminating or

threatening to demote or terminate an appraiser;

3. Promising, either expressed or implied, future business,

promotions, or increased compensation for an appraiser;

4. Conditioning an assignment of an appraisal or the payment of

an appraisal fee or salary or bonus on the opinion, conclusion, or

valuation to be reached, or on a preliminary estimate or opinion

requested from an appraiser;

5. Requesting that an appraiser provide an estimated,

predetermined, or desired valuation in an appraisal, or provide

estimated values or comparable sales at any time prior to the

appraiser's completion of an appraisal;

6. Providing to an appraiser an anticipated, estimated,

encouraged, or desired value for a subject property or a proposed or

target amount to be loaned to the borrower, except that a copy of

the sales contract for purchase transactions may be provided;

7. Providing to an appraiser, or any entity or individual

related to the appraiser, stock or other financial or nonfinancial

benefit or thing of value;

8. Allowing or directing the removal of an appraiser from an

appraiser panel, or the addition of an appraiser to an exclusionary

list of disapproved appraisers used by any entity, without prior

written notice to such appraiser;

9. Any other act or practice that impairs or attempts to impair

an appraiser's independence, objectivity, or impartiality;

10. Submitting or attempting to submit false, misleading, or

inaccurate information in any application for registration or

renewal;

11. Failing to timely respond to any subpoena or any other

request for information;

Oklahoma Statutes - Title 59. Professions and Occupations

12. Failing to timely obey an administrative order of the

Board; or

13. Failing to fully cooperate in any investigation.

C. Nothing in subsection B of this section shall be construed

as prohibiting the AMC from requesting that an appraiser:

1. Provide additional information about the basis for a

valuation including consideration of additional comparable data; or

2. Correct objective factual errors in an appraisal.

Added by Laws 2010, c. 364, § 19, eff. Jan. 1, 2011. Amended by

Laws 2016, c. 195, § 6, eff. Nov. 1, 2016.

§59-858-820. Prohibited acts.

An AMC shall not perform or attempt to perform any one or more

of the following acts:

1. Require an appraiser to modify any aspect of an appraisal

unless the modification complies with Section 858-819 of this title;

2. Require an appraiser to prepare an appraisal if the

appraiser, in the appraiser's own independent professional judgment,

believes the appraiser does not have the necessary expertise for the

assignment or for the specific geographic area and has notified the

AMC and declined the assignment;

3. Require an appraiser to prepare an appraisal under a time

frame that the appraiser, in the appraiser's own professional

judgment, believes does not afford the appraiser the ability to meet

all the relevant legal and professional obligations and has notified

the AMC and declined the assignment;

4. Prohibit or inhibit legal or other allowable communication

between the appraiser and:

a.

the lender,

b.

a real estate licensee, or

c.

any other person from whom the appraiser, in the

appraiser's own professional judgment, believes

information would be relevant;

5. Requires the appraiser to do anything that does not comply

with:

a.

USPAP,

b.

the Oklahoma Certified Real Estate Appraisers Act or

the rules promulgated thereunder, or

c.

any assignment conditions and certifications required

by the client; or

6. Makes any portion of the appraiser's fee or the AMC's fee

contingent on a predetermined or favorable outcome, including but

not limited to:

a.

a loan closing, or

b.

specific dollar amount being achieved by the appraiser

in the appraisal.

Oklahoma Statutes - Title 59. Professions and Occupations

Added by Laws 2010, c. 364, § 20, eff. Jan. 1, 2011.

Laws 2016, c. 195, § 7, eff. Nov. 1, 2016.

Amended by

§59-858-821. Payment within sixty days of transmitted appraisal.

A. Each AMC shall, except in bona fide cases of breach of

contract or substandard performance of services, make payment to an

appraiser for the completion of an appraisal or valuation assignment

within sixty (60) days of the date on which the appraiser transmits

or otherwise provides the completed appraisal or valuation study to

the AMC or its assignee unless a mutually agreed upon alternate

arrangement has been previously established.

B. Appraisal Management Companies are prohibited from requiring

an appraiser to reimburse them for the Appraisal Subcommittee's

Appraisal Management Company National Registry fee which may be

charged or assessed against them.

Added by Laws 2010, c. 364, § 21, eff. Jan. 1, 2011. Amended by

Laws 2019, c. 90, § 7, eff. Nov. 1, 2019.

§59-858-822. Altering, modifying, or changing completed appraisal.

A. An AMC shall not alter, modify, or otherwise change or

attempt to alter, modify, or otherwise change a completed appraisal

submitted by an appraiser by doing any of the following:

1. Permanently removing the appraiser’s signature or seal;

2. Adding information to, or removing information from, the

appraisal;

3. Altering, modifying or otherwise changing a completed

appraisal submitted by an independent appraiser without the

appraiser’s knowledge and written consent; or

4. Using an appraisal submitted by an independent appraiser for

any other transaction or use.

B. No AMC shall require an appraiser to provide the AMC with

the appraiser’s digital signature or seal, but nothing in this

subsection shall be deemed to prohibit an appraiser from voluntarily

providing his or her digital signature to another person in the

manner permitted by the provisions of the USPAP.

Added by Laws 2010, c. 364, § 22, eff. Jan. 1, 2011.

§59-858-823. AMC registration number.

A. The Oklahoma Real Estate Appraiser Board shall issue a

unique registration number to each AMC that is registered in this

state.

B. The Board shall maintain a list on its website of the AMCs

that have registered with the Board pursuant to the Oklahoma

Appraisal Management Company Regulation Act and have been issued a

registration number pursuant to subsection A of this section.

Oklahoma Statutes - Title 59. Professions and Occupations

C. An AMC registered in this state shall place its registration

number on any instrument utilized by the AMC for procurement of

appraisal services in this state.

Added by Laws 2010, c. 364, § 23, eff. Jan. 1, 2011.

§59-858-824. Appraiser removed from appraiser panel.

A. An AMC shall not remove an appraiser from its appraiser

panel, or otherwise refuse to assign requests for real estate

appraisal services to an appraiser without:

1. Notifying the appraiser in writing of the reasons why the

appraiser is being removed from the appraiser panel of the AMC;

2. Providing an opportunity for the appraiser to respond to the

written notification of the AMC either personally or through legal

counsel; and

3. If the appraiser is being removed from the panel for illegal

conduct, violation of the USPAP, or a violation of the Oklahoma

Certified Real Estate Appraisers Act or the rules promulgated

thereunder, providing notice to the appraiser and to the Oklahoma

Real Estate Appraiser Board detailing allegations of fact and

alleged violations of standards or laws.

B. An appraiser that is removed from the appraiser panel of an

AMC for alleged illegal conduct, violation of the USPAP, or

violation of the Oklahoma Certified Real Estate Appraisers Act or

the rules promulgated thereunder, may file a complaint with the

Board for a review of the decision of the AMC, except that in no

case shall the Board make any determination regarding the nature of

the business relationship between the appraiser and the AMC which is

unrelated to the actions specified in subsection A of this section.

C. If an appraiser files a complaint against an AMC pursuant to

subsection B of this section, the Board shall adjudicate the

complaint within one (1) year.

D. If after opportunity for hearing and review, the Board

determines that an appraiser did not commit a violation of law, a

violation of the USPAP, or a violation of the Oklahoma Certified

Real Estate Appraisers Act or the rules promulgated thereunder, the

Board shall order that an appraiser be promptly reinstated to the

appraiser panel of the AMC that was the subject of the complaint,

without prejudice.

E. Following the adjudication of a complaint to the Board by an

appraiser against an AMC, an AMC may not refuse to make assignments

for real estate appraisal services to an appraiser, or reduce the

number of assignments, or otherwise penalize the appraiser, if the

Board has found that the AMC acted improperly in removing the

appraiser from the appraiser panel and ordered the appraiser's

reinstatement.

Added by Laws 2010, c. 364, § 24, eff. Jan. 1, 2011. Amended by

Laws 2019, c. 90, § 8, eff. Nov. 1, 2019.

Oklahoma Statutes - Title 59. Professions and Occupations

§59-858-825. Authority to deny registration.

The Oklahoma Real Estate Appraiser Board may, in accordance with

the provisions of the Oklahoma Appraisal Management Company

Regulation Act relating to hearings, deny the issuance of a

registration or a renewal of a registration to an applicant on any

of the grounds enumerated in the Oklahoma Appraisal Management

Company Regulation Act.

Added by Laws 2010, c. 364, § 25, eff. Jan. 1, 2011.

§59-858-826. Grounds for denial of registration.

The Oklahoma Real Estate Appraiser Board may refuse to issue a

registration either on an original application or a renewal

application, if it has reasonable grounds to believe and finds any

of the following to be true:

1. That the applicant or any partner has, within twelve (12)

months preceding the date of the application violated any provision

of the Oklahoma Appraisal Management Company Regulation Act or

regulation of the Oklahoma Real Estate Appraiser Board;

2. That the applicant is not of good moral character;

3. That the applicant has been the holder of a registration

revoked or suspended for cause, or surrendered in lieu of

disciplinary proceedings;

4. That the applicant, in the case of an application for

renewal of any registration, would not be eligible for such license

on a first application;

5. That the issuance of the registration applied for would

result in a violation of any provision of the Oklahoma Appraisal

Management Company Regulation Act; or

6. When, in the judgment of the Oklahoma Real Estate Appraiser

Board, the registrant has, in the conduct of affairs under the

registration, demonstrated incompetency, or untrustworthiness, or

conduct or practices rendering the registrant unfit to carry on

appraisal management services or making continuance in the business

detrimental to the public interest, or that the licensee is no

longer in good faith carrying on appraisal management services, and

for this conduct is found by the Oklahoma Real Estate Appraiser

Board to be a source of detriment, injury, or loss to the public.

Added by Laws 2010, c. 364, § 26, eff. Jan. 1, 2011.

§59-858-827. Penalties - Censure, suspension or revocation of

registration, fine.

The Oklahoma Real Estate Appraiser Board may censure an AMC,

conditionally or unconditionally suspend or revoke any registration

issued under the Oklahoma Appraisal Management Company Regulation

Act, or impose administrative fines not to exceed Five Thousand

Dollars ($5,000.00) per violation of the Oklahoma Appraisal

Oklahoma Statutes - Title 59. Professions and Occupations

Management Company Regulation Act, if in the opinion of the Board,

an AMC is attempting to perform, has performed, or has attempted to

perform any of the following acts:

1. Committing any act in violation of the Oklahoma Appraisal

Management Company Regulation Act;

2. Violating any rule or regulation adopted by the Board in the

interest of the public and consistent with the provisions of the

Oklahoma Appraisal Management Company Regulation Act; or

3. Procuring a registration or a renewal of a registration for

the AMC or committing any other act by fraud, misrepresentation, or

deceit.

Added by Laws 2010, c. 364, § 27, eff. Jan. 1, 2011.

§59-858-828. Violation of act or rules.

A. The conduct of administrative proceedings shall be in

accordance with the Administrative Procedures Act and the Oklahoma

Certified Real Estate Appraisers Act and the rules promulgated

thereunder for violations of the Oklahoma Appraisal Management

Company Regulation Act shall be vested in the Oklahoma Real Estate

Appraiser Board, such that the Board, after notice and opportunity

for a hearing pursuant to Article II of the Administrative

Procedures Act, may issue an order imposing one or more of the

following penalties whenever the Board finds, by clear and

convincing evidence, that a registrant has violated any provision of

the Oklahoma Appraisal Management Company Regulation Act or rules

promulgated thereunder:

1. Revocation of the registration with or without the right to

reapply;

2. Suspension of the registrant for a period not to exceed five

(5) years;

3. Stipulations, limitations, restrictions and conditions

relating to conduct of the registrant's appraisal management

services practice;

4. Censure, including specific redress, if appropriate;

5. Reprimand;

6. Administrative fines not to exceed Five Thousand Dollars

($5,000.00) per violation; and

7. Payment of costs expended by the Board for any legal fees

and costs and monitoring fees, including but not limited to

administrative costs, witness fees and attorney fees.

B. Payment of fines and costs shall be in accordance with the

following:

1. All administrative fines and costs shall be paid within

thirty (30) days of notifying the registrant's controlling person or

the registrant's agent for service of process in this state of the

order of the Board imposing the administrative fine, unless the

Oklahoma Statutes - Title 59. Professions and Occupations

registrant has entered into an agreement with the Board extending

the period for payment;

2. The registration may be suspended until any fine imposed

upon the registrant by the Board is paid;

3. Unless the registrant has entered into an agreement with the

Board extending the period for payment, if fines and costs are not

paid in full by the registrant within thirty (30) days of the

notification of the order, the fines and costs shall double and the

registrant shall have an additional thirty-day period. If the

double fine and costs are not paid within the additional thirty-day

period, the registration shall automatically be revoked; and

4. All monies received by the Board as a result of the

imposition of the administrative fines and costs provided for in

this section shall be deposited in the Oklahoma Certified Real

Estate Appraisers Revolving Fund created pursuant to Section 858-730

of this title.

C. Complaint filing procedures shall be in accordance with the

following:

1. Any complaint filed under the Oklahoma Appraisal Management

Company Regulation Act or the rules promulgated thereunder shall be

in writing and signed by the person filing same and shall be on a

form prescribed by the Board. A complaint may be filed against a

registrant directly by the Board, if reasonable cause exists to

believe there has been a violation of the Oklahoma Appraisal

Management Company Regulation Act or rules; and

2. The registrant shall be entitled to any hearings or subject

to any disciplinary proceedings provided for in the Oklahoma

Appraisal Management Company Regulation Act or the rules promulgated

thereunder based upon any complaint filed pursuant to this section.

D. Written notice of charges shall be provided as follows:

1. Before taking any administrative action against any

registration, the Oklahoma Real Estate Appraiser Board shall notify

the registrant in writing of any charges made at least thirty (30)

days prior to the date set for hearing and shall afford the

registrant an opportunity to be heard in person or by counsel; and

2. The written notice may be served personally or sent by

registered or certified mail to the last-known address of either the

registrant's controlling person or the registrant's service agent in

this state.

Added by Laws 2010, c. 364, § 28, eff. Jan. 1, 2011. Amended by

Laws 2016, c. 195, § 8, eff. Nov. 1, 2016.

§59-858-829. Promulgation of rules.

The Oklahoma Real Estate Appraiser Board shall promulgate rules

to implement the provisions of the Oklahoma Appraisal Management

Company Regulation Act.

Added by Laws 2010, c. 364, § 29, eff. Jan. 1, 2011.

Oklahoma Statutes - Title 59. Professions and Occupations

§59-858-830. Report to Real Estate Appraiser Board required for

federally regulated AMC.

A. A federally-regulated appraisal management company (AMC)

operating in Oklahoma must report to the Real Estate Appraiser Board

the information required to be submitted by the Real Estate

Appraiser Board to the Appraisal Subcommittee of the Federal

Financial Examinations Council (ASC), pursuant to the ASC's policies

regarding the determination of the AMC National Registry fee,

including, but not limited to, the collection of the information

related to ownership limitations.

B. As a state electing to register AMCs for purposes of

permitting AMCs to provide appraisal management services relating to

covered transactions in Oklahoma, the Real Estate Appraiser Board

shall submit to the ASC the information required to be submitted by

ASC regulations or guidance concerning AMCs that operate in

Oklahoma.

C. If the National Registry fee is received by the Real Estate

Appraiser Board from a self-identifying AMC, such funds will be

transmitted by the Real Estate Appraiser Board to the ASC National

Registry.

Added by Laws 2019, c. 90, § 9, eff. Nov. 1, 2019.

Source: official Oklahoma text · Last verified 2026-08-27

Frequently Asked Questions About Oklahoma § 59-738.6

What does Oklahoma Statutes § 59-738.6 cover?

Section 59-738.6 ("Actions for declaratory rulings") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Oklahoma § 59-738.6?

A common citation format is "Oklahoma Statutes § 59-738.6" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Oklahoma law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.

How does Oklahoma § 59-738.6 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.