2021 Oregon Revised Statutes
Chapter 696 - Real Estate and Escrow Activities
Section 696.397 - Cease and desist order.


(2) A cease and desist order issued under subsection (1) of this section must include:
(a) A statement of the facts constituting the violation.
(b) A provision requiring the person named in the order to cease and desist from the violation.
(c) The effective date of the order.
(d) A notice to the person named in the order of the right to a contested case hearing under ORS chapter 183.
(3) A cease and desist order issued under subsection (1) of this section becomes effective 30 days after the date of the order unless the person named in the order requests a hearing on the order.
(4) A final cease and desist order issued under subsection (1) of this section may be recorded in the County Clerk Lien Record in the manner provided by ORS 205.125 and enforced in the manner provided by ORS 205.126. After the order is recorded, and subject to any other requirements that may apply to the enforcement remedy sought by the agency, the agency may commence proceedings for the enforcement of the order in the same manner as provided for the enforcement of judgments issued by a court, including contempt proceedings.
(5) The Attorney General, the prosecuting attorney of any county or the agency, in its own name, may maintain an action for an injunction in a court of competent jurisdiction against a person violating ORS 696.020 (2), 696.511 (1) or 696.603 (1). An injunction may be issued without proof of actual damage sustained by any person. An injunction does not relieve a person from criminal prosecution for violation of this section or from any other civil, criminal or disciplinary remedy. [2011 c.557 §1]
Note: 696.397 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 696 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 17 - Occupations

Chapter 696 - Real Estate and Escrow Activities

Section 696.007 - Statement of legislative purpose.

Section 696.010 - Definitions.

Section 696.015 - Legislative finding; short title.

Section 696.020 - License required for individuals engaged in professional real estate activities; exception; rules.

Section 696.022 - Licensing system for real estate brokers and property managers; rules.

Section 696.024 - Payments due and owing to Real Estate Agency.

Section 696.026 - Registration and renewal of business names; rules.

Section 696.030 - Exemptions.

Section 696.125 - Limited license.

Section 696.130 - Effect of revocation of license; limited license.

Section 696.174 - License renewal; reactivation; continuing education courses; rules.

Section 696.182 - Continuing education; rules.

Section 696.184 - Duties of continuing education provider; rules.

Section 696.186 - Qualifications of continuing education instructors; rules.

Section 696.200 - Main office; branch offices; change of business location.

Section 696.205 - Death or incapacity of sole principal real estate broker or sole licensed real estate property manager; temporary license; rules.

Section 696.232 - License status of employee of agency; reissuance upon termination of employment.

Section 696.241 - Clients’ trust accounts; commingling of funds; branch trust account; interest earnings on trust account; when broker entitled to earnest money; funds not subject to execution; rules.

Section 696.243 - Substituting copy for original canceled check allowed; electronic fund transfers.

Section 696.245 - Clients’ trust accounts; notice to bank and agency; retention of copy.

Section 696.254

Section 696.255 - Nonresident license equivalent to appointment of commissioner as agent for service of process; service on commissioner; fee.

Section 696.265 - Recognition of nonresident real estate licensee; rules.

Section 696.270 - Fees.

Section 696.280 - Records of licensed real estate property managers and real estate brokers; rules.

Section 696.290 - Sharing compensation with or paying finder’s fee to unlicensed person prohibited; exceptions.

Section 696.292 - Limitation on demand for compensation.

Section 696.294 - Opinion letter; rules.

Section 696.301 - Grounds for discipline.

Section 696.310 - Intracompany supervision and control.

Section 696.315 - Prohibition against licensee permitting nonlicensed individual to engage in activity with or on behalf of licensee; exception.

Section 696.323 - Effect of violations by real estate licensee on associated licensees; contested case hearing.

Section 696.365 - City or county business license tax.

Section 696.375 - Real Estate Agency; Real Estate Commissioner; confirmation, salary and security of commissioner.

Section 696.385 - Power of agency; rulemaking procedures.

Section 696.392 - Power of commissioner to administer oaths, take depositions and issue subpoenas.

Section 696.395 - Power of commissioner.

Section 696.396 - Investigation of complaints and progressive discipline; rules.

Section 696.397 - Cease and desist order.

Section 696.398 - Delegation by commissioner to employees; requirements.

Section 696.405 - Real Estate Board; appointment; term; qualifications; compensation; expenses.

Section 696.415 - Officers; meetings; quorum.

Section 696.425 - Powers and duties of board; expenses.

Section 696.445 - Advancement of education and research; Oregon Real Estate News Journal; content as to disciplinary actions.

Section 696.490 - Real Estate Account; disposition of receipts.

Section 696.495 - Revolving fund; amount; use; procedure for repayment.

Section 696.505 - Definitions for ORS 696.505 to 696.590.

Section 696.508 - Legislative finding; short title.

Section 696.511 - License requirement; licensing system; rules.

Section 696.520 - Application of ORS 696.505 to 696.590.

Section 696.525 - Bond for escrow agents.

Section 696.527 - Deposits in lieu of bond; payment of claims; waiver.

Section 696.530 - Expiration and renewal of license; fees; rules.

Section 696.532 - Limited license.

Section 696.534 - Records of escrow agents; rules.

Section 696.535 - Grounds for refusing, suspending or revoking license or reprimanding licensee.

Section 696.541 - Authority of commissioner over escrow agents; rules.

Section 696.545 - Investigation; injunction; jurisdiction.

Section 696.555 - Commissioner to take possession of property and assets of escrow agent when assets or capital impaired; appointment of receiver.

Section 696.570 - Hearings procedure under ORS 696.505 to 696.590; subpoena.

Section 696.578 - Deposit and designation of funds held in escrow; treatment of earnings on escrow account; notice.

Section 696.579 - Funds exempt from execution or attachment; designation of funds.

Section 696.581 - Written escrow instructions or agreement required; statement; instructions containing blank prohibited; one-sided escrow; exceptions.

Section 696.582 - Escrow agent to hold certain compensation; conditions; notice of demand; disbursement of money; copy of notice to principal.

Section 696.585 - Civil penalties.

Section 696.590 - Penalty amounts.

Section 696.600 - Definitions for ORS 696.392, 696.600 to 696.785 and 696.995.

Section 696.603 - License requirement.

Section 696.606 - Real estate marketing organization license; requirements; deposit required; claims against deposit; rules.

Section 696.612 - Grounds for disciplinary action.

Section 696.624 - Consent by nonresident real estate marketing organization to service of summons or process required.

Section 696.627 - On-site inspection allowed; deposit.

Section 696.710 - Necessity of alleging license in action to collect compensation.

Section 696.775 - Authority of commissioner when license lapsed, expired, revoked, suspended or surrendered.

Section 696.785 - Commissioner duties when illegal commingling of funds found; receivership procedure.

Section 696.790 - Authority of commissioner to require fingerprints.

Section 696.795 - Authority of commissioner to conduct investigations and proceedings.

Section 696.800 - Definitions.

Section 696.805 - Real estate licensee as seller’s agent; obligations.

Section 696.810 - Real estate licensee as buyer’s agent; obligations.

Section 696.815 - Representation of both buyer and seller; obligations.

Section 696.820 - Agency disclosure pamphlet; rules.

Section 696.822 - Liability of principal for act, error or omission of agent or subagent.

Section 696.835 - Buyer and seller responsibilities.

Section 696.840 - Compensation and agency relationships.

Section 696.845 - Acknowledgment of existing agency relationships form; rules.

Section 696.855 - Common law application to statutory obligations and remedies.

Section 696.870 - Duties of real estate licensee under ORS 105.462 to 105.490, 696.301 and 696.870.

Section 696.880 - Licensee not required to disclose proximity of registered sex offender.

Section 696.890 - Duties of real estate property managers.

Section 696.990 - Penalties.

Section 696.995 - Civil penalties for violation of ORS 696.603, 696.606 or 696.612.