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.