September 2022
As regular readers of the Oregon Real Estate News-Journal (OREN-J) know, the Oregon Real Estate Agency is required to publish Administrative Actions in its quarterly journal. These include reprimands, suspensions, revocations, and civil penalties that result from investigations of a licensee's professional real estate activity. The purpose of publishing these actions is to serve as education for the benefit of licenses.
What readers may not know is that the Agency is also required to suspend licenses for activity that is not directly related to a licensee's day-to-day business. Notably, we are required to suspend a license under certain circumstances for unpaid child support obligations and the refusal to file or failure to pay state income taxes. As these suspensions are not related to professional real estate, the Agency does not publish them in the OREN-J. Referenced below are portions of the applicable Oregon Revised Statutes.
These statutes state, in part, that:
Oregon Child Support Program (ORS 25.750 to ORS 25.783)
(1) All licenses, certificates, permits or registrations that a person is required by state law to possess in order to engage in an occupation or profession or to use a particular occupational or professional title, all annual licenses issued to individuals by the Oregon Liquor and Cannabis Commission, all driver licenses or permits issued by the Department of Transportation and recreational hunting and fishing licenses, as defined by rule of the Department of Justice, are subject to suspension by the respective issuing entities upon certification to the issuing entity by the administrator that a child support case record is being maintained by the Department of Justice, that the case is being enforced by the administrator under the provisions of ORS 25.080 and that one or both of the following conditions apply:
(a) That the party holding the license, certificate, permit or registration is in arrears under any child support judgment or order, in an amount equal to the greater of three months of support or $2,500, and:
(A) Has not entered into an agreement with the administrator with respect to the child support obligation; or
(B) Is not in compliance with an agreement entered into with the administrator; or
(b) That the party holding the license, certificate, permit or registration has failed, after receiving appropriate notice, to comply with a subpoena or other procedural order relating to a parentage or child support proceeding and:
(A) Has not entered into an agreement with the administrator with respect to compliance; or
(B) Is not in compliance with such an agreement.
(2) The Department of Justice by rule shall specify the conditions and terms of agreements, compliance with which precludes the suspension of the license, certificate, permit or registration.
You may read the rest of ORS 25.750 to ORS 25.783
here.
Department of Revenue-Initiated Suspension (ORS 305.385(4))
(4)(a) If the department determines that any licensee or provider has neglected or refused to file any return or to pay any tax and that such person has not filed in good faith a petition before the department contesting the tax, and the department has been unable to obtain payment of the tax through other methods of collection, the Director of the Department of Revenue may, notwithstanding ORS 118.525, 314.835 or 314.840 or any similar provision of law, notify the agency and the person in writing.
(b) Upon receipt of such notice, the agency shall refuse to reissue, renew or extend any license, contract or agreement until the agency receives a certificate issued by the department that the person is in good standing with respect to any returns due and taxes payable to the department as of the date of the certificate.
(c) Upon the written request of the director and after a hearing and notice to the licensee as required under any applicable provision of law, the agency shall suspend the person's license if the agency finds that the returns and taxes have not been filed or paid and that the licensee has not filed in good faith a petition before the department contesting the tax and the department has been unable to obtain payment of the tax through other methods of collection. For the purpose of the agency's findings, the written representation to that effect by the department to the agency shall constitute prima facie evidence of the person's failure to file returns or pay the tax. The department shall have the right to intervene in any license suspension proceeding.
(d) Any license suspended under this subsection shall not be reissued or renewed until the agency receives a certificate issued by the department that the licensee is in good standing with respect to any returns due and taxes payable to the department as of the date of the certificate.
The remainder of ORS 305.385 may be found
here.
As you see, the process in both situations is outlined by statute outside of the Agency's authority. If you believe either of these scenarios may apply, you are encouraged to remain in contact with the appropriate agency's staff — and, as always, seek legal advice as necessary.