Waiver of examination in this state
- • notice to subdivider or series partitioner
With respect to any subdivision or series partition within this state, if, after examination of the preliminary notice of intention required by ORS 92.345 (Notice of intention) or the reply to the Real Estate Commissioner’s request for further information, the commissioner concludes that the sale or lease of any portion of such subdivision or series partition would be reasonably certain not to involve any misrepresentation, deceit or fraud, the commissioner shall waive all of the provisions of ORS 92.305 (Definitions for ORS 92.305 to 92.495) to 92.495 (Cease and desist order), except ORS 92.475 (False or misleading advertising prohibited) to 92.495 (Cease and desist order) and 92.990 (Penalties) (2), which the commissioner considers unnecessary for the protection of the public from fraud, deceit or misrepresentation. The commissioner shall notify the subdivider or series partitioner within 15 days of receipt of the preliminary notice of intention of the approval or disapproval of any waiver. However, the commissioner may, for good and sufficient cause, revoke any waiver at any time upon 10 days’ notice and a hearing held for such purpose. [1974 c.1 §9; 1983 c.570 §16]
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