As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 18 5
1999-2000 6
REPRESENTATIVES SCHULER-ALLEN-BUCHY-TERWILLEGER-TAYLOR- 8
WESTON-CLANCY-KREBS-OGG-CATES-ROMAN-WILLAMOWSKI-SALERNO- 9
O'BRIEN-MOTTLEY-BRITTON-PRINGLE-JAMES-VAN VYVEN-JOLIVETTE- 10
KRUPINSKI-VERICH-CORBIN-HOUSEHOLDER-VESPER-BRADING-GRENDELL- 11
FERDERBER-JONES-WINKLER-SENATORS NEIN-GARDNER-BLESSING 12
_________________________________________________________________ 14
A B I L L
To amend sections 517.23, 517.24, 759.01, 1111.19, 16
1151.345, 1161.59, 1319.12, 1345.21, 1721.01, 17
1721.06, 1721.21, 1721.211, 1733.51, 2117.25, 18
2925.01, 4735.01, 4735.02, 4735.051, 4735.07, 19
4735.10, 4735.141, 4735.18, 4735.32, 4735.57, 20
4767.02, 4767.04, 4767.06, 4767.08, and 4767.99, 21
to enact section 4767.031, and to repeal sections 22
2117.251 and 4735.091 of the Revised Code to 24
revise laws dealing with the operation and
registration of cemeteries and with preneed 26
burial vault contracts. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 517.23, 517.24, 759.01, 1111.19, 32
1151.345, 1161.59, 1319.12, 1345.21, 1721.01, 1721.06, 1721.21, 33
1721.211, 1733.51, 2117.25, 2925.01, 4735.01, 4735.02, 4735.051, 34
4735.07, 4735.10, 4735.141, 4735.18, 4735.32, 4735.57, 4767.02, 35
4767.04, 4767.06, 4767.08, and 4767.99 be amended and section 37
4767.031 of the Revised Code be enacted to read as follows:
Sec. 517.23. (A) Subject to divisions (B), (D), and (E) 46
of this section, the board of township trustees, the trustees or 48
directors of a cemetery association, or the other officers having 49
control and management of a cemetery OR THE OFFICER OF A
2
MUNICIPAL CORPORATION WHO HAS CONTROL AND MANAGEMENT OF A 50
MUNICIPAL CEMETERY shall disinter or grant permission to disinter 52
any remains buried in the cemetery in either of the following 53
circumstances:
(1) If the surviving spouse of the decedent is eighteen 55
years of age or older, on WITHIN THIRTY DAYS AFTER THE FILING OF 56
AN application of the surviving spouse made in accordance with 57
division (A) of section 517.24 of the Revised Code and payment by 58
the applicant of the reasonable costs and expense of 59
disinterment;
(2) On order of a probate court issued under division (B) 61
of section 517.24 of the Revised Code and payment by the person 62
who applied for the order under that division of the reasonable 64
costs and expense of disinterment.
(B) No disinterment shall be made pursuant to this section 66
and section 517.24 of the Revised Code if the decedent died of a 69
contagious or infectious disease until a permit has been issued 70
by the board of health of a general health district or of a city 71
health district.
(C) Upon disinterment of remains under division (A)(1) or 74
(2) of this section, the involved board, trustees, directors, or
other officers, OR OFFICER OF THE MUNICIPAL CORPORATION shall 76
deliver or cause to be delivered the disinterred remains to the 77
applicant surviving spouse or, if the disinterment was pursuant 78
to court order issued under division (B) of section 517.24 of the 79
Revised Code, to the person who applied for the order under that 80
division.
(D) The board of township trustees, the trustees or 82
directors of a cemetery association, or the other officers having 83
control and management of a cemetery OR THE OFFICER OF A 85
MUNICIPAL CORPORATION WHO HAS CONTROL AND MANAGEMENT OF A 86
MUNICIPAL CEMETERY may disinter or grant permission to disinter 87
and, if appropriate, may reinter or grant permission to reinter 88
any remains buried in the cemetery to correct an interment error 89
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in the cemetery if the board, trustees, directors, or other 91
officers, OR OFFICER OF THE MUNICIPAL CORPORATION comply with the 93
internal rules of the cemetery pertaining to disinterments and if 94
the board, trustees, directors, or other officers, OR OFFICER OF 95
THE MUNICIPAL CORPORATION provide notice of the disinterment to 96
the decedent's last known next of kin. The board, trustees, 98
directors, or other officers, OR OFFICER OF THE MUNICIPAL 99
CORPORATION may correct an interment error under this division 101
without a court order or an application by a person. 102
(E)(1) A person who is an interested party and who is 104
eighteen years of age or older and of sound mind may apply to the 106
probate court of the county in which the decedent is buried for 107
an order to prevent the decedent's surviving spouse from having 108
the remains of the decedent disinterred. An application to
prevent the disinterment of the remains of the decedent shall be 110
in writing, subscribed and verified by oath, and include all of 111
the following:
(a) If applicable, a statement that the applicant assumed 113
financial responsibility for the funeral and burial expenses of 114
the decedent;
(b) If division (E)(1)(a) of this section is inapplicable 117
relative to the applicant, a statement that the applicant did not 118
assume financial responsibility for the funeral and burial
expenses of the decedent; 119
(c) A statement that the applicant is eighteen years of 121
age or older and of sound mind; 122
(d) The relationship of the applicant to the decedent; 124
(e) A statement of the applicant's reasons to oppose the 126
disinterment of the remains of the decedent. 127
(2) An applicant for an order to prevent the disinterment 129
of the remains of the decedent under division (E) of this section 131
promptly shall give notice of the filing of the application by 133
certified mail, return receipt requested, to the decedent's
surviving spouse. The notice shall indicate that the applicant 135
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has filed an application for an order to prevent the disinterment 136
of the remains of the decedent.
(F) As used in this section and in section 517.24 of the 139
Revised Code:
(1) "Cemetery" and "interment" have the same meanings as 141
in section 1721.21 of the Revised Code. 142
(2) "Disinterment" means the recovery of human remains by 144
exhumation, disentombment, or disinurnment. "Disinterment" does 145
not include the raising and lowering of remains to accommodate 146
two interments within a single grave and does not include the 147
repositioning of an outside burial container that encroaches an 148
adjoining burial space.
Sec. 517.24. (A) An application by a surviving spouse for 157
disinterment under section 517.23 of the Revised Code shall be in 159
writing and shall state that the applicant is the surviving 160
spouse of the decedent, that the applicant is eighteen years of 161
age or older and of sound mind, the disease of which the decedent 163
died, and the place at which the remains shall be reinterred. 164
The application shall be subscribed and verified by oath. 165
(B)(1) A person who is eighteen years of age or older and 167
of sound mind and who is not the surviving spouse of the decedent 168
involved may obtain a court order under this division for the 169
disinterment of the remains of the decedent. Any person who is 170
eighteen years of age or older and of sound mind, including, but 171
not limited to, the person who assumed financial responsibility 172
for the funeral and burial expenses of the decedent, and who 173
wishes to obtain a court order for the disinterment of the 175
remains of the decedent may file an application in the probate 176
court of the county in which the decedent is buried requesting
the court to issue an order for the disinterment of the remains 177
of the decedent. The application shall be in writing, subscribed 178
and verified by oath, and include all of the following: 179
(a) If applicable, a statement that the applicant assumed 181
financial responsibility for the funeral and burial expenses of 182
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the decedent;
(b) If division (B)(1)(a) of this section is inapplicable 185
relative to the applicant, a statement that the applicant did not 186
assume financial responsibility for the funeral and burial
expenses of the decedent; 187
(c) A statement that the applicant is eighteen years of 189
age or older and of sound mind; 190
(d) The relationship of the applicant to the decedent; 192
(e) A statement of the place at which the remains will be 194
reinterred; 195
(f) The name, the relationship to the decedent, and the 197
address of the decedent's surviving spouse, of all persons who 198
would have been entitled to inherit from the decedent under 199
Chapter 2105. of the Revised Code if the decedent had died 200
intestate, and, if the decedent had a will, of all legatees and 201
devisees named in the decedent's will.
(2)(a) Subject to division (B)(2)(b) of this section, upon 204
the filing of an application for an order for disinterment of 205
remains under division (B) of this section, the applicant
promptly shall give notice as described in this division by 207
certified mail, return receipt requested, to the decedent's 208
surviving spouse,; to all persons who would have been entitled to 209
inherit from the decedent under Chapter 2105. of the Revised Code 211
if the decedent had died intestate, and,; if the decedent had a 212
will, to all legatees and devisees named in the decedent's will; 215
AND TO THE BOARD OF TOWNSHIP TRUSTEES, THE TRUSTEES OR DIRECTORS 216
OF A CEMETERY ASSOCIATION, OR THE OTHER OFFICERS HAVING CONTROL
AND MANAGEMENT OF THE CEMETERY IN WHICH THE REMAINS OF THE 217
DECEDENT ARE INTERRED OR TO THE OFFICER OF A MUNICIPAL 218
CORPORATION WHO HAS CONTROL AND MANAGEMENT OF A MUNICIPAL 219
CEMETERY IN WHICH THE REMAINS OF THE DECEDENT ARE INTERRED. The 220
notice shall indicate that an application for disinterment of the 221
remains of the decedent has been filed. 222
(b) A person entitled to be given the notice described in 224
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division (B)(2)(a) of this section may waive the right to receive 226
the notice by filing a written waiver of that right in the
probate court. 227
(c) The fact that the notice required by division 229
(B)(2)(a) of this section has been given, subject to division 231
(B)(2)(d) of this section, to all persons described in division 232
(B)(2)(a) of this section who have not waived their right to 233
receive the notice and, if applicable, the fact that certain 234
persons described in that division have waived their right to
receive the notice in accordance with division (B)(2)(b) of this 236
section shall be evidenced by an affidavit of the applicant for
the order for disinterment, and the applicant shall file the 237
affidavit in the probate court. 238
(d) An applicant for an order for disinterment is not 240
required to give a notice pursuant to division (B)(2)(a) of this 241
section to persons whose names or places of residence are unknown 242
and cannot with reasonable diligence be ascertained, and the 243
applicant shall file an affidavit in the probate court specifying 244
any persons who were not given notice pursuant to division 245
(B)(2)(a) of this section and the reason for not giving notice to 246
those persons.
(3)(a) Except as otherwise provided in division (B)(3)(b) 249
of this section, upon the filing of an application for 250
disinterment of remains and the giving of the required notice
under division (B)(2) of this section, the probate court promptly 251
shall conduct a hearing to determine whether to issue an order 252
for disinterment of the remains of the decedent. Except as 253
otherwise provided in division (B)(3)(a) of this section, at the 254
hearing, the court, in its discretion, may issue an order for 255
disinterment of the decedent's remains IF GOOD CAUSE FOR
DISINTERMENT IS SHOWN. If a person who is an interested party 257
and who is eighteen years of age or older and of sound mind 258
establishes by a preponderance of the evidence at the hearing 259
that the issuance of an order for disinterment of the decedent's 260
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remains under division (B)(3) of this section would be against 261
the decedent's religious beliefs OR ASCERTAINABLE DESIRES, the 262
court shall not issue the requested order UNLESS THE COURT FINDS 263
A COMPELLING REASON TO ISSUE IT. If the court is not so 265
prohibited from issuing the requested order and exercises its
discretion to issue the requested order for disinterment of the 267
decedent's remains under IN ACCORDANCE WITH division (B)(3) of 268
this section, the court promptly shall deliver the order to the 270
applicant. AN ORDER OF THE COURT FOR DISINTERMENT OF THE
DECEDENT'S REMAINS SHALL SPECIFY THAT THE BOARD OF TOWNSHIP 271
TRUSTEES, THE TRUSTEES OR BOARD OF THE CEMETERY ASSOCIATION, OR 272
OTHER OFFICERS HAVING CONTROL AND MANAGEMENT OF THE CEMETERY OR 273
THE OFFICER OF A MUNICIPAL CORPORATION WHO HAS CONTROL AND 274
MANAGEMENT OF THE MUNICIPAL CEMETERY SHALL HAVE A PERIOD OF AT
LEAST THIRTY DAYS FROM THE RECEIPT OF THE ORDER TO PERFORM THE 275
ORDERED DISINTERMENT. 276
(b) The court is not required to conduct a hearing under 279
division (B)(3)(a) of this section if each person entitled to be 280
given the notice described in division (B)(2)(a) of this section 281
has waived that right by filing a written waiver of the right to 282
receive the notice in the probate court. 283
Sec. 759.01. Any municipal corporation may provide public 292
cemeteries and crematories for burial or incineration of the dead 293
and regulate public and private cemeteries and crematories. Any 294
cemetery established by a municipal corporation shall register 295
with the division of real estate in the department of commerce 296
pursuant to section 4767.03 of the Revised Code. ANY CEMETERY OF 297
THAT NATURE IS SUBJECT TO CHAPTER 4767. AND TO SECTIONS 517.23 TO 298
517.25 AND 1721.211 OF THE REVISED CODE IN ADDITION TO BEING 299
SUBJECT TO THIS CHAPTER. 300
Sec. 1111.19. (A) As used in this section: 309
(1) "Financial institution" means a bank, savings bank, or 311
savings association located in this state and insured by the 312
federal deposit insurance corporation or a credit union 313
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authorized to do business in this state.
(2) "Preneed funeral contract" means a written agreement, 315
contract, or series of contracts to sell or otherwise provide any 317
funeral services, funeral goods, or any combination thereof, to 318
be used in connection with the funeral or final disposition of a 319
dead human body, where payment for the goods or services is made 320
either outright or on an installment basis, prior to the death of
the person purchasing them or for whom they are purchased. A 321
preneed funeral contract that includes funeral services may be 322
sold only by a funeral director licensed pursuant to Chapter 323
4717. of the Revised Code. FOR THE PURPOSE OF THIS SECTION, 324
"FUNERAL GOODS" INCLUDES CASKETS. "Preneed funeral contract" 325
does not include any preneed burial vault CEMETERY MERCHANDISE 326
AND SERVICES contract, OR any agreement, contract, or series of 329
contracts pertaining to the sale of any burial lot, burial or
interment right, entombment right, or columbarium right with 330
respect to which either an endowment care fund is established or 331
is not required to be established EXEMPT FROM ESTABLISHMENT 333
pursuant to section 1721.21 of the Revised Code, or any 334
agreement, contract, or series of contracts pertaining to the 335
sale of cemetery interment rights made by a person licensed as a 337
limited real estate broker or limited real estate salesman 338
pursuant to section 4735.091 of the Revised Code. 339
(B) Any preneed funeral contract that involves the payment 341
of money shall be in writing and in compliance with the laws and 342
rules of this state. One hundred per cent of all payments for 343
funeral goods and services made under a preneed funeral contract 344
shall remain intact and held in trust for the benefit of the 345
person for whose benefit the contract is made. No money in a 347
preneed funeral contract trust shall be distributed from the
trust except as provided in this section. Any purchaser on 348
initially entering into a preneed funeral contract may, within 349
seven days, rescind the contract and request and receive from the 350
seller one hundred per cent of all payments made under the 351
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contract.
(C) Within thirty days after the seller of funeral goods 353
or services receives any payment under a preneed funeral 355
contract, the seller shall deliver the moneys received and not 357
returned to the purchaser as provided in division (B) of this 358
section, to the trustee designated in the preneed funeral 359
contract or an amendment to it.
(D) The trustee of each preneed funeral contract trust 361
shall be a financial institution or a natural person not required 362
by this chapter to be licensed to do trust business. A natural 364
person acting as trustee of a preneed funeral contract trust 366
shall be bonded by a corporate surety bond in an amount not less 367
than one hundred per cent of the funds in all of the preneed
funeral contract trusts the person serves as trustee. 368
(E)(1) A trustee shall establish a separate preneed 370
funeral contract trust for the moneys paid under each preneed 371
funeral contract, unless the purchaser under a preneed funeral 372
contract authorizes the trustee to place the moneys paid in a 373
combined preneed funeral contract trust. The trustee of a 374
combined preneed funeral contract trust shall keep exact records 375
of the corpus, income, expenses, and disbursements with regard to 377
each beneficiary of a preneed funeral contract for whom moneys 378
are held in the trust. The terms of a preneed funeral contract 379
trust shall be governed by this section.
(2) A trustee may charge a fee for managing a preneed 381
funeral contract trust. The fee shall not exceed the amount 382
regularly or usually charged for similar services rendered by the 383
financial institution when serving as a trustee, and shall be 384
paid only from the income on that trust.
(F) No preneed funeral contract shall restrict the 386
purchaser from making the contract irrevocable. On the purchase 387
by an individual of an irrevocable preneed funeral contract, the 388
selling funeral director assumes the legal obligation to provide 389
for the funeral of the individual pursuant to the terms of the 390
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contract.
(G) The purchaser of a preneed funeral contract that is 392
not irrevocable may, on not less than fifteen days' notice, 393
cancel the contract and request and receive from the trustee 395
payments made under the contract and any income earned up to the 396
time of cancellation, less fees, distributions, and expenses made 397
pursuant to this section; except, if a preneed funeral contract
stipulates a firm or fixed or guaranteed price for funeral 398
services and goods for future use at a time determined by the 399
death of the beneficiary of the preneed funeral contract, the 400
purchaser, on not less than fifteen days' notice, may cancel the 402
contract and receive from the trustee ninety per cent of the
principal paid pursuant to the preneed funeral contract, not less 403
than eighty per cent of any interest earned up to the time of 404
cancellation, and not less than eighty per cent of any income 405
earned on the funds since the funds were paid to the seller and 406
up to the time of cancellation less any fees, distributions, and 407
expenses. On cancellation, after the funds have been distributed 408
to the purchaser pursuant to this division, the trustee shall
distribute all remaining funds attributable to the canceled 409
preneed funeral contract to the seller. If more than one 410
purchaser enters into the contract, all of those purchasers must 411
request cancellation for it to be effective under this division, 412
and the trustee shall refund to each purchaser only those funds
that purchaser has paid under the contract and a proportionate 413
amount of any income earned on those funds, less any fees, 414
distributions, and expenses.
(H) A certified copy of the certificate of death or other 416
evidence of death satisfactory to the trustee shall be furnished 418
to the trustee as evidence of death, and the trustee shall 419
promptly pay the accumulated payments and income, if any, 420
according to the preneed funeral contract. The payment of the 421
accumulated payments and income pursuant to this section and,
when applicable, the preneed funeral contract, shall relieve the 422
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trustee of any further liability on the accumulated payments and 423
income.
(I) For purposes of this section, the seller is deemed to 425
have delivered funeral goods pursuant to a preneed funeral 426
contract when either of the following occurs: 427
(1) The seller makes actual delivery of the goods to the 429
beneficiary;
(2) The seller does all of the following: 431
(a) Receives delivery of the goods on behalf of the 433
beneficiary;
(b) Stores the goods upon the real property of a funeral 435
home licensed in this state; 436
(c) Notifies the beneficiary of receipt of the goods and 438
identifies the specific location of the goods; 439
(d) At the time of the purchaser's final payment, provides 441
the beneficiary with evidence of ownership in the beneficiary's 442
name showing the goods to be free and clear of any liens or other 443
encumbrances.
(J) The seller of funeral goods or services under a 445
preneed funeral contract annually shall submit to the board of 446
embalmers and funeral directors the reports the board requires. 447
(K) The general assembly intends this section to be 449
construed as a limitation on the manner in which a person is 450
permitted to accept funds in prepayment for funeral services to 451
be performed in the future, or funeral goods to be used in 453
connection with the funeral or final disposition of human
remains, to the end that at all times members of the public may 454
have an opportunity to arrange and pay for funerals for 455
themselves and their families in advance of need while at the 456
same time providing all possible safeguards to ensure that 457
prepaid funds cannot be dissipated, whether intentionally or not,
but remain available for payment for funeral goods and services 458
in connection with the funeral or final disposition of dead human 459
bodies.
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(L) This section does not apply when the seller of funeral 461
goods or services under a preneed funeral contract is an 462
established and legally cognizable church or denomination that is 463
exempt from federal income taxation under section 501(c)(3) of 464
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 467
501, as amended, and the preneed funeral contract pertains to a 468
cemetery owned and operated entirely and exclusively by the 469
church or denomination; provided the church or denomination
adopts, on a voluntary basis, rules and other measures to 470
safeguard and secure all funds received under any preneed funeral 471
contract.
(M) THIS SECTION DOES NOT PROHIBIT PERSONS WHO ARE NOT 473
LICENSED FUNERAL DIRECTORS FROM SELLING FUNERAL GOODS PURSUANT TO 474
A PRENEED FUNERAL CONTRACT; HOWEVER, ALL SELLERS OF FUNERAL GOODS 476
PURSUANT TO A PRENEED FUNERAL CONTRACT SHALL COMPLY WITH THIS 477
SECTION UNLESS THE SELLER IS SPECIFICALLY EXEMPT FROM COMPLIANCE 478
BY THIS SECTION.
Sec. 1151.345. A savings and loan association may, in 487
accordance with sections 1111.19 and 1721.211 of the Revised 488
Code, MAY receive and hold on deposit moneys under a preneed 490
funeral contract or a preneed burial CEMETERY MERCHANDISE AND 491
SERVICES contract.
Sec. 1161.59. In accordance with sections 1111.19 and 500
1721.211 of the Revised Code, a savings bank may receive and hold 502
on deposit moneys under a preneed funeral contract or a preneed 503
burial CEMETERY MERCHANDISE AND SERVICES contract. 504
Sec. 1319.12. (A)(1) As used in this section, "collection 514
agency" means any person who, for compensation, contingent or 515
otherwise, or for other valuable consideration, offers services 516
to collect an alleged debt asserted to be owed to another. 517
(2) "Collection agency" does not mean a person whose 519
collection activities are confined to and directly related to the 521
operation of another business, including, but not limited to, the 522
following:
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(a) Any bank, including the trust department of a bank, 525
trust company, savings and loan association, savings bank, credit 526
union, or fiduciary as defined in section 1339.03 of the Revised 528
Code, except those that own or operate a collection agency; 530
(b) Any real estate broker, OR real estate salesperson, 533
limited real estate broker, or limited real estate salesperson, 534
as these persons are defined in section 4735.01 of the Revised 535
Code;
(c) Any retail seller collecting its own accounts; 538
(d) Any insurance company authorized to do business in 540
this state under Title XXXIX of the Revised Code or a health 541
insuring corporation authorized to operate in this state under 543
Chapter 1751. of the Revised Code;
(e) Any public officer or judicial officer acting under 545
order of a court;
(f) Any licensee as defined either in section 1321.01 or 547
1321.71 of the Revised Code, or any registrant as defined in 548
section 1321.51 of the Revised Code; 549
(g) Any public utility; 551
(h) ANY PERSON REGISTERED TO SELL INTERMENT RIGHTS UNDER 553
SECTION 4767.031 OF THE REVISED CODE. 554
(B) A collection agency with a place of business in this 557
state may take assignment of another person's accounts, bills, or 559
other evidences of indebtedness in its own name for the purpose 560
of billing, collecting, or filing suit in its own name as the 561
real party in interest.
(C) No collection agency shall commence litigation for the 564
collection of an assigned account, bill, or other evidence of 565
indebtedness unless it has taken the assignment in accordance 566
with all of the following requirements: 567
(1) The assignment was voluntary, properly executed, and 569
acknowledged by the person transferring title to the collection 570
agency. 571
(2) The collection agency did not require the assignment 573
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as a condition to listing the account, bill, or other evidence of 575
indebtedness with the collection agency for collection.
(3) The assignment was manifested by a written agreement 577
separate from and in addition to any document intended for the 578
purpose of listing the account, bill, or other evidence of 579
indebtedness with the collection agency. The written agreement 580
must SHALL state the effective date of the assignment and the 581
consideration paid or given, if any, for the assignment, and must 583
SHALL expressly authorize the collection agency to refer the 584
assigned account, bill, or other evidence of indebtedness to an 585
attorney admitted to the practice of law in this state for the 586
commencement of litigation. The written agreement must also 587
SHALL disclose that the collection agency may CONSOLIDATE, for 589
purposes of filing an action, consolidate the assigned account, 591
bill, or other evidence of indebtedness with those of other
creditors against an individual debtor or co-debtors. 592
(4) Upon the effective date of the assignment to the 594
collection agency, the creditor's account maintained by the 595
collection agency in connection with the assigned account, bill, 596
or other evidence of indebtedness was canceled. 597
(D) A collection agency shall commence litigation for the 600
collection of an assigned account, bill, or other evidence of 601
indebtedness in a court of competent jurisdiction located in the 602
county in which the debtor resides, or in the case of co-debtors, 603
a county in which at least one of the co-debtors resides. 604
(E) No collection agency shall commence any litigation 607
authorized by this section unless the agency appears by an 608
attorney admitted to the practice of law in this state. 609
(F) This section does not affect the powers and duties of 611
any person described in division (A)(2) of this section. 612
(G) Nothing in this section relieves a collection agency 614
from complying with the "Fair Debt Collection Practices Act," 91 615
Stat. 874 (1977), 15 U.S.C. 1692, as amended, or deprives any 616
debtor of the right to assert defenses as provided in section 617
15
1317.031 of the Revised Code and 16 C.F.R. 433, as amended. 618
(H) For purposes of filing an action, a collection agency 621
that has taken an assignment or assignments pursuant to this 622
section may consolidate the assigned accounts, bills, or other 623
evidences of indebtedness of one or more creditors against an 624
individual debtor or co-debtors. Each separate assigned account, 625
bill, or evidence of indebtedness must be separately identified 626
and pled in any consolidated action authorized by this section. 627
If a debtor or co-debtor raises a good faith dispute concerning 628
any account, bill, or other evidence of indebtedness, the court 629
shall separate each disputed account, bill, or other evidence of 630
indebtedness from the action and hear the disputed account, bill, 632
or other evidence of indebtedness on its own merits in a separate 633
action. The court shall charge the filing fee of the separate 634
action to the losing party.
Sec. 1345.21. As used in sections 1345.21 to 1345.28 of 643
the Revised Code: 644
(A) "Home solicitation sale" means a sale of consumer 646
goods or services in which the seller or a person acting for him 647
THE SELLER engages in a personal solicitation of the sale at a 648
residence of the buyer, including solicitations in response to or 650
following an invitation by the buyer, and the buyer's agreement 651
or offer to purchase is there given to the seller or a person 652
acting for him THE SELLER, or in which the buyer's agreement or 654
offer to purchase is made at a place other than the seller's 655
place of business. It does not include a transaction or 656
transactions in which:
(1) The total purchase price to be paid by the buyer, 658
whether under single or multiple contracts, is less than 659
twenty-five dollars; 660
(2) The transaction was conducted and consummated entirely 662
by mail or by telephone if initiated by the buyer, and without 663
any other contact between the seller or his THE SELLER'S 664
representative prior to the delivery of goods or performance of 666
16
the service;
(3) The final agreement is made pursuant to prior 668
negotiations in the course of a visit by the buyer to a retail 669
business establishment having a fixed permanent location where 670
the goods are exhibited or the services are offered for sale on a 671
continuing basis; 672
(4) The buyer initiates the contact between the parties 674
for the purpose of negotiating a purchase and the seller has a 675
business establishment at a fixed location in this state where 676
the goods or services involved in the transaction are regularly 677
offered or exhibited for sale;. 678
Advertisements by such a seller in newspapers, magazines, 680
catalogues, radio, or television do not constitute the seller 681
initiation of the contact. 682
(5) The buyer initiates the contact between the parties, 684
the goods or services are needed to meet a bona fide immediate 685
personal emergency of the buyer which will jeopardize the 686
welfare, health, or safety of natural persons, or endanger 687
property which the buyer owns or for which he THE BUYER is 688
responsible, and the buyer furnishes the seller with a separate, 690
dated, and signed statement in the buyer's handwriting describing 691
the situation requiring immediate remedy and expressly 692
acknowledging and waiving the right to cancel the sale within 693
three business days;
(6) The buyer has initiated the contact between the 695
parties and specifically requested the seller to visit his THE 696
BUYER'S home for the purpose of repairing or performing 698
maintenance upon the buyer's personal property. If, in the 699
course of such a visit, the seller sells the buyer additional 700
services or goods other than replacement parts necessarily used 701
in performing the maintenance or in making the repairs, the sale 702
of those additional goods or services does not fall within this 703
exclusion.
(7) The buyer is accorded the right of rescission by the 705
17
"Consumer Credit Protection Act," (1968) 82 Stat. 152, 15 U.S.C. 706
1635, or regulations adopted pursuant to it. 707
(B) "Sale" includes a lease or rental. 709
(C) "Seller" includes a lessor or any one ANYONE offering 711
goods for rent. 712
(D) "Buyer" includes a lessee or anyone who gives a 714
consideration for the privilege of using goods. 715
(E) "Consumer goods or services" means goods or services 717
purchased, leased, or rented primarily for personal, family, or 718
household purposes, including courses or instruction or training 719
regardless of the purpose for which they are taken. 720
(F) "Consumer goods or services" do DOES not include goods 722
or services pertaining to any of the following: 723
(1) Sales or rentals of real property by a real estate 725
broker or salesman, other than limited real estate brokers or 727
salesmen SALESPERSON, or by a foreign real estate dealer or 728
salesman SALESPERSON, who is licensed by the Ohio real estate 730
commission under Chapter 4735. of the Revised Code; 731
(2) The sale of securities or commodities by a 733
broker-dealer registered with the securities and exchange 734
commission; 735
(3) The sale of securities or commodities by a securities 737
dealer or salesman SALESPERSON licensed by the division of 738
securities under Chapter 1707. of the Revised Code; 740
(4) The sale of insurance by a person licensed by the 742
superintendent of insurance; 743
(5) Goods sold or services provided by automobile dealers 745
and salesmen SALESPERSONS licensed by the registrar of motor 746
vehicles under Chapter 4517. of the Revised Code; 748
(6) The sale of property at an auction by an auctioneer 750
licensed by the department of commerce under Chapter 4707. of the 751
Revised Code. 752
(G) "Purchase price" means the total cumulative price of 754
the consumer goods or services, including all interest and 755
18
service charges. 756
(H) "Place of business" means the main office, or a 758
permanent branch office or permanent local address of a seller. 759
(I) "Business day" means any calendar day except Sunday, 761
or the following business holidays: New Year's day, Washington's 762
birthday PRESIDENTS' DAY, Memorial day, Independence day, Labor 764
day, Columbus day, Veteran's VETERANS day, Thanksgiving day, and 765
Christmas day. 766
Sec. 1721.01. A company or association incorporated for 775
cemetery purposes may appropriate or otherwise acquire, and may 776
hold, not more than six hundred forty acres of land AT ANY ONE 777
LOCATION, which shall be exempt from execution, from being 779
appropriated for any public purpose, except as otherwise provided 780
in this section, and from taxation, if held exclusively for 781
cemetery or burial purposes, and with no view to profit. A 782
COMPANY OR ASSOCIATION OF THAT NATURE MAY OWN LAND AT MULTIPLE 784
LOCATIONS, AND AS MANY AS SIX HUNDRED FORTY ACRES OWNED AT EACH 786
LOCATION IN ACCORDANCE WITH THIS SECTION ARE ENTITLED TO THE 787
EXEMPTIONS SPECIFIED IN THIS SECTION.
Lands of cemetery associations not containing graves or not 789
containing graves that are in use as such on the date a written 790
notice, as provided in this section, is served upon the officers 791
of a cemetery, shall be subject to appropriation for highway or 792
street purposes if an appropriation commences within four years 793
of the serving of the notice. For such purposes said lands shall 794
be subject to the exercise of the right of eminent domain by the 795
municipal corporation in which such lands are located, by the 796
board of county commissioners of the county in which such lands 797
are located, or by the director of transportation under the same 798
conditions and in the same manner as any private property; and, 799
if any burial occurs within the area specifically designated in 800
the written notice, the appropriating agency shall have the same 801
powers with respect to such burial as are given to a board of 802
township trustees by section 517.21 of the Revised Code and shall 803
19
pay any costs resulting from the exercise of these powers. This 804
section shall not be construed as authorizing an appropriating 805
agency to exercise the powers specified by section 517.21 of the 806
Revised Code in any part of a cemetery other than the area 807
specifically designated in the written notice. 808
The appropriating agency shall serve upon the officers or 810
agents having control of a cemetery a written notice that a 811
specifically designated area of the cemetery may be needed for 812
highway purposes. No such notice may be served more than once. 813
Such appropriation proceedings shall be made in the manner 815
provided for in sections 163.01 to 163.22 of the Revised Code or, 816
if by the director of transportation, as otherwise provided by 817
law. 818
The board of trustees of such company or association, 820
whenever in its opinion any portion of such lands is unsuitable 821
for burial purposes, may sell and convey by deed in fee simple, 822
in such manner, and upon such terms, as are provided by 823
resolution of such board, any such portion of said lands, and 824
apply the proceeds thereof to the general purposes of the company 825
or association; but on such sale being made, the lands so sold 826
shall be returned by the board to the auditor of the proper 827
county and placed by him THAT AUDITOR upon the grand duplicate 828
for taxation. 829
Such company or association may also take, set aside, or 831
hold any personal property received by it from any source for 832
cemetery purposes; and if such company or association is 833
incorporated not for profit, all personal property, including the 834
income therefrom, owned or held by it, or for its use, for 835
cemetery purposes and with no view to profit, shall be exempt 836
from execution, from being appropriated for any public purpose, 837
and from taxation, and no tax shall be assessed upon any personal 838
property or the income therefrom expressly exempted under this 839
section. 840
THIS CHAPTER DOES NOT AUTHORIZE THE EXEMPTION OF REAL 842
20
PROPERTY USED FOR A FUNERAL HOME OR ANY OTHER ACTIVITY NOT 843
PERMITTED TO BE CONDUCTED BY A CEMETERY ASSOCIATION EXEMPT FROM 844
TAXATION UNDER SECTION 501(c)(13) OF THE "INTERNAL REVENUE CODE 845
OF 1954," 26 U.S.C.A. 501, OR ANY SUCCESSOR PROVISION. 846
All exemptions from taxation provided for in this section 848
shall be in addition to such other exemptions from taxation as a 849
company or association incorporated for cemetery purposes, or its 850
real or personal property, has under any other provisions of the 851
Revised Code. 852
Sec. 1721.06. After paying for its land, a cemetery 861
company or association shall apply all its receipts and income, 862
whether from sale of lots, from donations, or otherwise, 863
exclusively to laying out, preserving, protecting, and 864
embellishing the cemetery and avenues within it or leading to it,
to the erection of buildings necessary OR APPROPRIATE for 865
cemetery purposes, and to paying the necessary expenses of the 867
cemetery company or association. No debts shall be incurred by 868
such THE CEMETERY company or association except for purchasing, 869
laying out, inclosing, and embellishing the ground, buildings 870
necessary OR APPROPRIATE for cemetery purposes, and avenues, for 872
which purposes it may contract debts to be paid out of future 873
receipts. FOR PURPOSES OF THIS SECTION, BUILDINGS APPROPRIATE
FOR CEMETERY PURPOSES INCLUDE, BUT ARE NOT LIMITED TO, BUILDINGS 875
FOR CREMATORY FACILITIES, FUNERAL HOMES, AND OTHER BUILDINGS 876
INTENDED TO PRODUCE INCOME FOR THE CEMETERY COMPANY OR 877
ASSOCIATION. 878
No part of the funds of a cemetery company or association, 880
or of the proceeds of land sold by it, shall ever be divided 881
among its stockholders or lot owners, and all its funds must 882
SHALL be used exclusively for the purposes of the company or 883
association as specified in this section, or invested in a fund 884
the income of which shall be so used and appropriated.
Sec. 1721.21. (A) As used in this section: 893
(1) "Person" means any corporation, company, partnership, 895
21
individual, or other entity owning or operating a cemetery for 896
the disposition of human remains. 897
(2) "Cemetery" means any one or a combination of more than 899
one of the following: 900
(a) A burial ground for earth interments; 902
(b) A mausoleum for crypt entombments; 904
(c) A columbarium for the deposit of cremated remains; 906
(d) A SCATTERING GROUND FOR THE SPREADING OF CREMATED 908
REMAINS. 909
(3) "Interment" means the disposition of human remains by 911
earth burial, entombment, or inurnment. 912
(4) "Burial right" means the right of earth interment. 914
(5) "Entombment right" means the right of entombment in a 916
mausoleum. 917
(6) "Columbarium right" means the right of inurnment in a 919
columbarium for cremated remains. 920
(B) No person shall operate or continue to operate any 922
cemetery in Ohio unless an endowment care fund TRUST is 923
established and maintained as required by this section. 925
(C) Any person desiring to operate any cemetery that is 928
organized or developed after July 1, 1970, before offering to
sell or selling any burial lot, burial right, entombment right, 929
or columbarium right in that cemetery, shall first establish an 931
endowment care fund TRUST, segregated from other assets, and 932
place in that fund a minimum of fifty thousand dollars in cash or 935
in bonds of the United States, this state, or any county or 936
municipal corporation of this state. 937
Whenever any person described in this division has placed 939
another fifty thousand dollars in the endowment care fund TRUST 941
out of gross sales proceeds, in addition to the deposit required 943
by this division, that person, after submitting proof of this 945
fact to its trustee THE TRUSTEES OF THE ENDOWMENT CARE TRUST, may 946
withdraw BE PAID A DISTRIBUTION IN the sum of fifty thousand 948
dollars from the endowment care fund TRUST. 949
22
(D) Any person desiring to operate or to continue to 951
operate any cemetery after July 1, 1970, shall place into the 952
endowment care fund TRUST as required by this section not less 953
than ten per cent of the gross sales proceeds received from the 955
sale of any burial lot, burial right, entombment right, or 956
columbarium right. This percentage shall be placed in the 957
endowment care fund TRUST no later than thirty days following the 958
month in which the entire gross sales are received, except that 960
in the event that a cemetery receives installment payments from 961
any purchaser of a burial lot, burial right, entombment right, or 962
columbarium right, during any six-month period, which would 963
require a deposit of one thousand dollars or more under this 964
section had the full purchase price been paid, then the cemetery 965
shall forthwith place the amount required under this section in 966
its limited real estate broker's escrow fund. Upon receipt of 967
the final installment payment, the cemetery shall transfer the 968
total amount required under this section to the endowment care 969
fund no later than thirty days following the month in which the 970
final payment is received. 971
(E) The custodians TRUSTEES of the endowment care fund 974
TRUST shall consist of at least three individuals who have been 975
residents of the county in which the cemetery is located for at 976
least one year, or a bank located in the state TRUST COMPANY 978
LICENSED UNDER CHAPTER 1111. OF THE REVISED CODE OR A NATIONAL
BANK OR FEDERAL SAVINGS ASSOCIATION THAT HAS SECURITIES PLEDGED 979
IN ACCORDANCE WITH SECTION 1111.04 OF THE REVISED CODE. IF A 981
PERSON OR ENTITY OTHER THAN A FINANCIAL INSTITUTION IS DESIGNATED 982
AS TRUSTEE, THE PERSON OR ENTITY SHALL BE BONDED BY A CORPORATE 983
SURETY BOND IN AN AMOUNT NOT LESS THAN ONE HUNDRED PER CENT OF 984
THE FUNDS HELD BY THE TRUSTEE. THE TRUSTEE OR ITS AGENT SHALL, 985
ON A CONTINUOUS BASIS, KEEP EXACT RECORDS AS TO THE AMOUNT OF 986
FUNDS UNDER ANY JOINT ACCOUNT OR TRUST INSTRUMENT BEING HELD FOR 987
THE INDIVIDUAL BENEFICIARIES SHOWING THE AMOUNT PAID, THE AMOUNT 988
DEPOSITED AND INVESTED, AND ACCRUALS AND INCOME. 989
23
The funds of the endowment care trust shall be held and 991
invested in the manner in which trust funds are permitted to be 992
held and invested pursuant to sections 2109.37 and 2109.371 of 993
the Revised Code. 994
The income from the endowment care fund shall be used only 996
for the maintenance, supervision, improvement, and preservation 997
of the grounds, lots, buildings, equipment, statuary, and other 998
real and personal property of the cemetery. 999
Annual reports of all the assets and investments of the 1,001
endowment care fund shall be prepared and maintained and shall be 1,003
available for inspection at reasonable times by any owner of
interment rights in the cemetery. 1,004
(F) Any person offering to sell or selling any burial lot, 1,006
burial right, entombment right, or columbarium right shall give 1,007
to the purchaser of the lot or right, at the time of sale, a 1,008
written agreement that identifies and unconditionally guarantees 1,010
to the purchaser the specific location of the lot or the specific
location to which the right applies. 1,011
(G) No person shall open or close any grave, crypt, or 1,014
niche for the interment of human remains in a cemetery without 1,015
the permission of the cemetery association or other entity having 1,016
control and management of the cemetery.
(H) Except as provided in division (G) of this section, 1,019
this section does not apply to any cemetery that is owned and 1,020
operated entirely and exclusively by churches, religious 1,021
societies, established fraternal organizations, municipal 1,022
corporations, or other political subdivisions of the state or to
a national cemetery. 1,023
(I) THE DIVIDEND AND INTEREST INCOME FROM THE ENDOWMENT 1,026
CARE TRUST SHALL BE USED ONLY FOR THE MAINTENANCE, SUPERVISION, 1,027
IMPROVEMENT, AND PRESERVATION OF THE GROUNDS, LOTS, BUILDINGS, 1,028
EQUIPMENT, STATUARY, AND OTHER REAL AND PERSONAL PROPERTY OF THE 1,029
CEMETERY.
(J)(1) ANNUAL REPORTS OF ALL THE ASSETS AND INVESTMENTS OF 1,032
24
THE ENDOWMENT CARE TRUST SHALL BE PREPARED AND MAINTAINED, AND 1,033
SHALL BE AVAILABLE FOR INSPECTION AT REASONABLE TIMES BY ANY 1,034
OWNER OF INTERMENT RIGHTS IN THE CEMETERY. 1,035
(2) EVERY CEMETERY REQUIRED TO ESTABLISH AND MAINTAIN AN 1,038
ENDOWMENT CARE TRUST SHALL FILE AN AFFIDAVIT ANNUALLY WITH THE
DIVISION OF REAL ESTATE OF THE DEPARTMENT OF COMMERCE, IN A FORM 1,040
PRESCRIBED BY THE DIVISION, CERTIFYING UNDER OATH EACH OF THE
FOLLOWING: 1,041
(a) THAT THE CEMETERY HAS DEPOSITED, AT THE TIME SPECIFIED 1,044
IN DIVISION (D) OF THIS SECTION, THE AMOUNTS REQUIRED BY THAT 1,046
DIVISION IN THE CEMETERY'S ENDOWMENT CARE TRUST; 1,047
(b) THAT ONLY DIVIDEND AND INTEREST INCOME HAVE BEEN PAID 1,050
FROM THE ENDOWMENT CARE TRUST, AND THE CEMETERY USED THE AMOUNTS 1,051
WITHDRAWN ONLY FOR THE PURPOSES SPECIFIED IN DIVISION (I) OF THIS 1,053
SECTION;
(c) THAT ALL PRINCIPAL AND CAPITAL GAINS HAVE REMAINED IN 1,056
THE ENDOWMENT CARE TRUST;
(d) THAT THE ENDOWMENT CARE TRUST HAS NOT BEEN USED TO 1,059
COLLATERALIZE OR GUARANTEE LOANS AND HAS NOT OTHERWISE BEEN 1,060
SUBJECTED TO ANY CONSENSUAL LIEN;
(e) THAT THE ENDOWMENT CARE TRUST IS INVESTED IN 1,063
COMPLIANCE WITH THE INVESTING STANDARDS SET FORTH IN SECTIONS 1,064
2109.37 AND 2109.371 OF THE REVISED CODE. 1,065
Sec. 1721.211. (A) As used in this section, "preneed 1,074
burial vault CEMETERY MERCHANDISE AND SERVICES contract" means a 1,076
written agreement, contract, or series of contracts to sell or 1,078
otherwise provide a AN OUTER burial vault CONTAINER, MONUMENT, 1,080
MARKER, URN, OTHER TYPE OF MERCHANDISE CUSTOMARILY SOLD BY
CEMETERIES, OR OPENING AND CLOSING SERVICES to be used OR 1,084
PROVIDED in connection with the final disposition of a dead human 1,086
body, where payment for the vault CONTAINER, MONUMENT, MARKER, 1,087
URN, OTHER TYPE OF MERCHANDISE CUSTOMARILY SOLD BY CEMETERIES, OR 1,088
OPENING AND CLOSING SERVICES is made either outright or on an 1,092
installment basis, prior to the death of the person so purchasing 1,093
25
it or for whom it is SO purchased. "Preneed burial vault 1,094
CEMETERY MERCHANDISE AND SERVICES contract" does not include any 1,095
preneed funeral contract, OR any agreement, contract, or series 1,096
of contracts pertaining to the sale of any burial lot, burial or 1,097
interment right, entombment right, or columbarium right with 1,098
respect to which an endowment care fund is established or is 1,099
exempt from establishment pursuant to section 1721.21 of the 1,100
Revised Code, or any agreement, contract, or series of contracts 1,101
pertaining to the sale of cemetery interment rights made by a 1,102
person licensed as a limited real estate broker or limited real 1,103
estate salesman pursuant to section 4735.091 of the Revised Code. 1,104
As used in this section, "financial institution" means a 1,107
bank in this state insured by the federal deposit insurance 1,108
corporation, or a savings and loan association in this state 1,109
insured by the federal deposit insurance corporation, or a credit 1,111
union authorized to do business in this state. 1,112
(B) Subject to the limitations and restrictions contained 1,114
in Chapters 1101. to 1127. of the Revised Code, a financial 1,116
institution has TRUST COMPANY LICENSED UNDER CHAPTER 1111. OF THE 1,118
REVISED CODE OR A NATIONAL BANK OR FEDERAL SAVINGS ASSOCIATION
THAT PLEDGES SECURITIES IN ACCORDANCE WITH SECTION 1111.04 OF THE 1,119
REVISED CODE OR THE INDIVIDUALS DESCRIBED IN DIVISION (C)(2) OF 1,121
THIS SECTION HAVE the power AS TRUSTEE to receive and TO hold on 1,122
deposit AND INVEST IN ACCORDANCE WITH SECTIONS 2109.37 AND 1,123
2109.371 OF THE REVISED CODE moneys under a preneed burial vault 1,124
CEMETERY MERCHANDISE AND SERVICES contract. 1,125
(C) Sixty per cent of all payments for burial vaults made 1,127
under a preneed burial vault (1) THE GREATER OF ONE HUNDRED TEN 1,129
PER CENT OF THE SELLER'S ACTUAL COST OR THIRTY PER CENT OF THE 1,130
SELLER'S RETAIL PRICE OF THE MERCHANDISE AND SEVENTY PER CENT OF 1,131
THE SELLER'S RETAIL PRICE OF THE SERVICES TO BE PROVIDED UNDER A 1,132
PRENEED CEMETERY MERCHANDISE AND SERVICES contract shall remain 1,134
intact as a fund until the death of the person for whose benefit 1,135
the agreement CONTRACT is made or the burial vaults are 1,136
26
MERCHANDISE IS delivered as set forth in division (K) of this 1,139
section. However, any deposit made MONEYS HELD pursuant to this 1,141
section shall be released upon demand of the person for whose 1,142
benefit such deposit THE CONTRACT was made or upon the demand of 1,144
the seller for its share of the deposited funds MONEYS HELD and 1,145
earned interest if the contract has been canceled as set forth in 1,146
division (G) of this section. 1,147
(2) THE TRUSTEE OF THE FUND DESCRIBED IN DIVISION (C)(1) 1,150
OF THIS SECTION SHALL BE A TRUST COMPANY LICENSED UNDER CHAPTER 1,151
1111. OF THE REVISED CODE OR A NATIONAL BANK OR FEDERAL SAVINGS
ASSOCIATION THAT PLEDGES SECURITIES IN ACCORDANCE WITH SECTION 1,152
1111.04 OF THE REVISED CODE OR AT LEAST THREE INDIVIDUALS WHO 1,153
HAVE BEEN RESIDENTS OF THE COUNTY IN WHICH THE SELLER IS LOCATED 1,154
FOR AT LEAST ONE YEAR, EACH OF WHOM SHALL BE BONDED BY A 1,156
CORPORATE SURETY IN AN AMOUNT THAT IS AT LEAST EQUAL TO THE
AMOUNT DEPOSITED IN THE FUND OF WHICH THOSE PERSONS SERVE AS 1,158
TRUSTEE. AMOUNTS IN THE FUND SHALL BE HELD AND INVESTED IN THE 1,160
MANNER IN WHICH TRUST FUNDS ARE PERMITTED TO BE HELD AND INVESTED
PURSUANT TO SECTIONS 2109.37 AND 2109.371 OF THE REVISED CODE. 1,162
(D) Within thirty days of AFTER the last business day of 1,165
the month in which the seller of burial vaults CEMETERY 1,166
MERCHANDISE OR SERVICES receives final contractual payment under 1,168
a preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,169
contract, the seller shall deposit the funds in a financial 1,170
institution DELIVER THE GREATER OF ONE HUNDRED TEN PER CENT OF 1,171
THE SELLER'S ACTUAL COST OR THIRTY PER CENT OF THE SELLER'S 1,172
RETAIL PRICE OF THE MERCHANDISE AND SEVENTY PER CENT OF THE 1,173
SELLER'S CURRENT RETAIL PRICE OF THE SERVICES AS OF THE TIME THE 1,174
FINAL CONTRACTUAL PAYMENT IS RECEIVED TO A TRUSTEE OR TO TRUSTEES 1,176
AS DESCRIBED IN DIVISION (C)(2) OF THIS SECTION, and the funds 1,178
MONEYS and accruals or income thereon ON THE MONEYS shall be held 1,179
in an account A FUND AND DESIGNATED for the person for whose 1,181
benefit the fund was established as a preneed burial vault 1,184
CEMETERY MERCHANDISE AND SERVICES contract account FUND. 1,185
27
(E) The funds to be deposited MONEYS RECEIVED from more 1,187
than one preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,190
contract may, at the option of the persons for whose benefit the 1,192
deposits CONTRACTS are made, be placed in a common or pooled 1,193
trust fund in this state under a single trust instrument or in a 1,194
joint account provided that if the funds are placed in a common 1,197
or pooled trust fund, a financial institution, if designated as 1,198
trustee, shall have previously qualified for and received trust 1,199
powers from the comptroller of the currency or the superintendent 1,200
of financial institutions if the trustee is a bank, or from the 1,202
federal home loan bank board or the superintendent of financial 1,203
institutions if the trustee is a savings and loan association. 1,205
If a person or entity other than a financial institution is THREE 1,206
INDIVIDUALS ARE designated as trustee THE TRUSTEES AS PROVIDED IN 1,208
DIVISION (C)(2) OF THIS SECTION, the person or entity THEY shall 1,209
be bonded by a corporate surety bond in an amount not less than 1,211
one hundred per cent of the funds held by the trustee THEM AS 1,212
TRUSTEES. The trustee or its agent shall, on a continuous 1,214
basis, keep exact records as to the amount of funds under any 1,215
joint account or A SINGLE trust instrument being held for the 1,217
individual beneficiaries showing the amount paid, the amount
deposited and invested, and accruals and income. 1,218
(F) The seller or provider of burial vaults MERCHANDISE OR 1,220
SERVICES under a preneed burial vault CEMETERY MERCHANDISE AND 1,222
SERVICES contract shall annually submit to the Ohio real estate 1,224
commission such reports as the commission requires DIVISION OF 1,225
REAL ESTATE OF THE DEPARTMENT OF COMMERCE AN AFFIDAVIT IN A FORM 1,226
PRESCRIBED BY THE DIVISION, SWORN UNDER OATH, SPECIFYING EACH OF 1,227
THE FOLLOWING:
(1) THAT WITHIN THE TIME SPECIFIED IN DIVISION (D) OF THIS 1,230
SECTION, THE AMOUNTS REQUIRED BY THAT DIVISION WERE DEPOSITED IN 1,231
AN APPROPRIATE FUND; 1,232
(2) THAT THE FUND HAS NOT BEEN USED TO COLLATERALIZE OR 1,235
GUARANTEE LOANS AND HAS NOT OTHERWISE BEEN SUBJECTED TO ANY
28
CONSENSUAL LIEN; 1,236
(3) THAT THE FUND IS INVESTED IN COMPLIANCE WITH THE 1,238
INVESTING STANDARDS SET FORTH IN SECTIONS 2109.37 AND 2109.371 OF 1,240
THE REVISED CODE;
(4) THAT NO MONEYS HAVE BEEN REMOVED FROM THE FUND, EXCEPT 1,243
AS PROVIDED FOR IN THIS SECTION.
(G) Any THIS DIVISION IS SUBJECT TO DIVISION (I) OF THIS 1,245
SECTION. 1,246
ANY person upon initially entering into a preneed burial 1,249
vault CEMETERY MERCHANDISE AND SERVICES contract may, within 1,250
seven days, cancel the contract and request and receive from the 1,251
seller one hundred per cent of all payments made under the 1,252
contract. After the expiration of the above period, any person 1,253
who has entered into a preneed burial vault CEMETERY MERCHANDISE 1,254
AND SERVICES contract may, on not less than fifteen days' notice, 1,255
cancel the contract and request and receive from the seller sixty 1,256
per cent of the payments made under the contract which have been 1,257
deposited in a fund pursuant to divisions (C) and (D) of this 1,258
section PAID up to the time of cancellation; except that, if a 1,260
preneed burial vault CEMETERY MERCHANDISE AND SERVICES contract 1,262
stipulates a firm or fixed or guaranteed price for the burial 1,264
vault MERCHANDISE OR SERVICES for future use at a time determined 1,265
by the death of the person on behalf of whom payments are made, 1,266
the person who has entered into the contract may, if the burial 1,267
vault MERCHANDISE has not been delivered OR THE SERVICES HAVE NOT 1,269
BEEN PERFORMED as set forth in division (K) OR (L) of this 1,270
section, on not less than fifteen days' notice, cancel the 1,271
contract and receive from the seller sixty per cent of the 1,272
principal paid pursuant to division (C) of this section THE 1,273
CONTRACT and not less than eighty per cent of any interest paid, 1,275
up to the time of cancellation, and not less than eighty per cent 1,276
of any accrual or income earned while the funds MONEYS have 1,277
remained on deposit BEEN HELD pursuant to divisions (C) and (D) 1,279
of this section, up to the time of cancellation. Upon 1,280
29
cancellation, after the funds MONEYS have been distributed to the 1,282
beneficiary pursuant to this division, all funds remaining on 1,283
deposit MONEYS BEING HELD pursuant to divisions (C) and (D) of 1,284
this section shall be paid to the seller. If more than one 1,285
person enters into the contract, all of those persons must 1,286
request cancellation for it to be effective under this division. 1,287
In such a case, the seller shall refund to each person only those 1,288
funds MONEYS that each person has paid under the contract. 1,289
(H) Upon receipt of a certified copy of the certificate of 1,291
death or evidence of delivery of the burial vaults MERCHANDISE OR 1,292
PERFORMANCE OF THE SERVICES pursuant to division (K) OR (L) of 1,294
this section, the financial institution TRUSTEE DESCRIBED IN 1,295
DIVISION (C)(2) OF THIS SECTION or its agent, shall forthwith pay 1,297
the funds FUND and accumulated interest, if any, to the person 1,299
entitled thereto TO THEM under the preneed burial vault CEMETERY 1,300
MERCHANDISE AND SERVICES contract. The payment of such funds THE 1,301
FUND and accumulated interest pursuant to this section, either to 1,302
a provider SELLER or person making the payments, shall relieve 1,304
the financial institution TRUSTEE of any further liability on 1,306
such funds THE FUND or accumulated interest. 1,307
(I) No preneed burial vault contract shall restrict any 1,309
contract buyer from making his contract irrevocable 1,310
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, ANY PRENEED 1,312
CEMETERY MERCHANDISE AND SERVICES CONTRACT MAY SPECIFY THAT IT IS 1,313
IRREVOCABLE. ALL IRREVOCABLE PRENEED CEMETERY MERCHANDISE AND 1,314
SERVICES CONTRACTS SHALL INCLUDE A CLEAR AND CONSPICUOUS 1,315
DISCLOSURE OF IRREVOCABILITY IN THE CONTRACT AND ANY PERSON 1,316
ENTERING INTO AN IRREVOCABLE PRENEED CEMETERY MERCHANDISE AND
SERVICES CONTRACT SHALL SIGN A SEPARATE ACKNOWLEDGMENT OF THE 1,317
PERSON'S WAIVER OF THE RIGHT TO REVOKE. IF A CONTRACT SATISFIES 1,318
THE REQUIREMENTS OF THIS DIVISION, DIVISION (G) OF THIS SECTION 1,320
DOES NOT APPLY TO THAT CONTRACT. 1,321
(J) Any preneed burial vault CEMETERY MERCHANDISE AND 1,323
SERVICES contract that involves the payment of money must SHALL 1,325
30
be in writing and in compliance with the laws and rules of this 1,327
state.
(K) For purposes of this section, the seller is deemed 1,329
CONSIDERED to have delivered burial vaults MERCHANDISE pursuant 1,331
to a preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,332
contract when EITHER OF THE FOLLOWING OCCUR: 1,333
(1) The seller makes actual delivery of the vault 1,335
MERCHANDISE to the beneficiary OR THE SELLER PAYS FOR THE 1,337
MERCHANDISE AND IDENTIFIES IT AS BEING STORED FOR THE BENEFIT OF 1,338
THE BENEFICIARY AT A MANUFACTURER'S WAREHOUSE; or 1,339
(2)(a) The seller receives delivery of the vault 1,341
MERCHANDISE on behalf of the beneficiary; and ALL OF THE 1,344
FOLLOWING OCCUR:
(b)(a) The vault MERCHANDISE is permanently affixed to or 1,347
stored upon the real property of a cemetery located in this 1,349
state; and.
(c)(b) The seller notifies the beneficiary of receipt of 1,351
the vault MERCHANDISE and identifies the specific location of the 1,352
vault MERCHANDISE; and. 1,353
(d)(c) The seller at the time of the beneficiary's final 1,355
payment, provides the beneficiary with evidence of ownership in 1,356
the beneficiary's name showing the burial vaults MERCHANDISE to 1,357
be free and clear of any liens or other encumbrances. 1,359
(L) FOR PURPOSES OF THIS SECTION, A SELLER IS CONSIDERED 1,361
TO HAVE PERFORMED SERVICES PURSUANT TO A PRENEED CEMETERY 1,362
MERCHANDISE AND SERVICES CONTRACT WHEN THE BENEFICIARY'S NEXT OF 1,363
KIN SIGNS A WRITTEN STATEMENT THAT THE SERVICES HAVE BEEN 1,364
PERFORMED OR, IF NO NEXT OF KIN OF THE BENEFICIARY CAN BE LOCATED 1,365
THROUGH REASONABLE DILIGENCE, WHEN THE OWNER OR OTHER PERSON 1,366
RESPONSIBLE FOR THE OPERATION OF THE CEMETERY SIGNS A STATEMENT 1,367
OF THAT NATURE.
(M) Notwithstanding any other provision of this chapter, 1,369
any trust may be charged a trustee's fee, which is to be deducted 1,370
from the earned income or accruals on that trust. The fee shall 1,371
31
not exceed the amount which THAT is regularly or usually charged 1,372
for similar services rendered by the financial institution 1,374
TRUSTEE DESCRIBED IN DIVISION (C)(2) OF THIS SECTION when serving 1,376
as a trustee.
(M)(N) The general assembly intends that this section be 1,378
construed as a limitation upon the manner in which a person is 1,379
permitted to accept funds MONEYS in prepayment for burial vaults 1,381
MERCHANDISE AND SERVICES to be delivered OR PROVIDED in the 1,383
future, or burial vaults MERCHANDISE AND SERVICES to be used OR 1,384
PROVIDED in connection with the final disposition of human 1,385
remains, to the end that at all times members of the public may 1,386
have an opportunity to arrange and pay for burial vaults 1,387
MERCHANDISE AND SERVICES for themselves and their families in 1,389
advance of need while at the same time providing all possible 1,390
safeguards whereunder the prepaid funds MONEYS cannot be 1,392
dissipated, whether intentionally or not, so as to be available 1,393
for the payment of burial vaults FOR MERCHANDISE AND SERVICES and 1,394
the providing of burial vaults MERCHANDISE AND SERVICES used OR 1,395
PROVIDED in connection with the final disposition of dead human 1,397
bodies.
(N)(O) This section does not apply when the seller or 1,399
provider of burial vaults MERCHANDISE OR SERVICES under a preneed 1,401
burial vault CEMETERY MERCHANDISE AND SERVICES contract is an 1,402
established and legally cognizable church or denomination that is 1,403
exempt from federal income taxation under section 501(c)(3) of 1,404
the "Internal Revenue Code of 1954," 26 U.S.C.A. 501, and the 1,405
preneed burial vault CEMETERY MERCHANDISE AND SERVICES contract 1,406
pertains to a cemetery which THAT is owned and operated entirely 1,407
and exclusively by the church or denomination; provided that the 1,408
church or denomination adopts, on a voluntary basis, rules and 1,409
other measures to safeguard and secure all funds MONEYS received 1,410
under a preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,412
contract.
(P) THIS SECTION DOES NOT PROHIBIT PERSONS OTHER THAN 1,414
32
CEMETERY CORPORATIONS OR ASSOCIATIONS FROM SELLING OUTER BURIAL 1,415
CONTAINERS, MONUMENTS, MARKERS, URNS, OR OTHER TYPES OF 1,417
MERCHANDISE CUSTOMARILY SOLD BY CEMETERIES PURSUANT TO A PRENEED 1,418
CEMETERY MERCHANDISE AND SERVICES CONTRACT; HOWEVER ALL SELLERS 1,419
OF MERCHANDISE PURSUANT TO A PRENEED CEMETERY MERCHANDISE AND 1,420
SERVICES CONTRACT SHALL COMPLY WITH THIS SECTION UNLESS THE
SELLER IS SPECIFICALLY EXEMPT FROM THIS SECTION. 1,421
(Q) ANY CONTRACT FOR PRENEED SERVICES OR MERCHANDISE 1,423
ENTERED INTO WITH A CEMETERY NOT REGISTERED UNDER SECTION 4767.03 1,424
OF THE REVISED CODE IS VOIDABLE.
Sec. 1733.51. A credit union may, subject to sections 1,433
1111.19 and 1721.211 of the Revised Code, receive and hold on 1,435
deposit moneys under a preneed funeral contract or preneed burial 1,436
CEMETERY MERCHANDISE AND SERVICES contract. 1,437
Sec. 2117.25. Every executor or administrator shall 1,446
proceed with diligence to pay the debts of the decedent, and 1,447
shall apply the assets in the following order: 1,448
(A) Costs and expenses of administration; 1,450
(B) Except as provided in section 2117.251 of the Revised 1,452
Code, an AN amount, not exceeding two thousand dollars, for 1,453
funeral and burial expenses that are included in the bill of a 1,454
funeral director, and funeral expenses other than those in the 1,455
bill of a funeral director that are approved by the probate 1,456
court;, AND AN AMOUNT, NOT EXCEEDING TWO THOUSAND DOLLARS, FOR 1,458
BURIAL AND CEMETERY EXPENSES, INCLUDING THAT PORTION OF THE 1,459
FUNERAL DIRECTOR'S BILL ALLOCATED TO CEMETERY EXPENSES THAT HAVE 1,460
BEEN PAID TO THE CEMETERY BY THE FUNERAL DIRECTOR. 1,461
FOR PURPOSES OF THIS DIVISION, BURIAL AND CEMETERY EXPENSES 1,464
SHALL BE LIMITED TO THE FOLLOWING:
(1) THE PURCHASE OF A PLACE OF INTERMENT; 1,466
(2) MONUMENTS OR OTHER MARKERS; 1,468
(3) THE OUTER BURIAL CONTAINER; 1,470
(4) THE COST OF OPENING AND CLOSING THE PLACE OF 1,472
INTERMENT; 1,473
33
(5) THE URN. 1,475
(C) The allowance for support made to the surviving 1,477
spouse, minor children, or both under section 2106.13 of the 1,478
Revised Code; 1,479
(D) Debts entitled to a preference under the laws of the 1,481
United States; 1,482
(E) Expenses of the last sickness of the decedent; 1,484
(F) Except as provided in section 2117.251 of the Revised 1,486
Code, if IF the total bill of a funeral director for funeral and 1,487
burial expenses exceeds two thousand dollars, then, in addition 1,488
to the amount described in division (B) of this section, an 1,489
amount, not exceeding one thousand dollars, for funeral and 1,490
burial expenses that are included in the bill and that exceed two 1,491
thousand dollars; 1,492
(G) Personal property taxes and obligations for which the 1,494
decedent was personally liable to the state or any of its 1,495
subdivisions; 1,496
(H) Debts for manual labor performed for the decedent 1,498
within twelve months preceding the decedent's death, not 1,499
exceeding three hundred dollars to any one person; 1,500
(I) Except as provided in section 2117.251 of the Revised 1,502
Code, other OTHER debts for which claims have been presented and 1,503
finally allowed. 1,504
The part of the bill of a funeral director that exceeds the 1,506
total of three thousand dollars as described in divisions (B) and 1,507
(F) of this section, and the part of a claim included in division 1,508
(H) of this section that exceeds three hundred dollars shall be 1,509
included as a debt under division (I) or (J) of this section, 1,510
depending upon the time when the claim for the additional amount 1,511
is presented.
Chapters 2113. to 2125. of the Revised Code, relating to 1,513
the manner in which and the time within which claims shall be 1,514
presented, shall apply to claims set forth in divisions (B), (F), 1,515
and (H) of this section. Claims for an expense of administration 1,516
34
or for the allowance for support need not be presented. The 1,517
executor or administrator shall pay debts included in divisions 1,518
(D) and (G) of this section, of which he THE EXECUTOR OR 1,519
ADMINISTRATOR has knowledge, regardless of presentation. 1,520
The giving of written notice to an executor or 1,522
administrator of a motion or application to revive an action 1,523
pending against the decedent at the date of death shall be 1,524
equivalent to the presentation of a claim to the executor or 1,525
administrator for the purpose of determining the order of payment 1,526
of any judgment rendered or decree entered in such an action. 1,527
No payments shall be made to creditors of one class until 1,529
all those of the preceding class are fully paid or provided for. 1,530
If the assets are insufficient to pay all the claims of one 1,531
class, the creditors of that class shall be paid ratably. 1,532
If it appears at any time that the assets have been 1,534
exhausted in paying prior or preferred charges, allowances, or 1,535
claims, such payments shall be a bar to an action on any claim 1,536
not entitled to such priority or preference. 1,537
Sec. 2925.01. As used in this chapter: 1,546
(A) "Administer," "controlled substance," "dispense," 1,548
"distribute," "hypodermic," "manufacturer," "official written 1,550
order," "person," "pharmacist," "pharmacy," "sale," "schedule I," 1,552
"schedule II," "schedule III," "schedule IV," "schedule V," and 1,553
"wholesaler" have the same meanings as in section 3719.01 of the 1,554
Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the 1,556
same meanings as in section 3719.011 of the Revised Code. 1,557
(C) "Drug," "dangerous drug," "licensed health 1,559
professional authorized to prescribe drugs," and "prescription" 1,561
have the same meanings as in section 4729.01 of the Revised Code. 1,562
(D) "Bulk amount" of a controlled substance means any of 1,564
the following: 1,565
(1) For any compound, mixture, preparation, or substance 1,567
included in schedule I, schedule II, or schedule III, with the 1,569
35
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this section, 1,571
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or 1,573
twenty-five unit doses of a compound, mixture, preparation, or 1,574
substance that is or contains any amount of a schedule I opiate 1,575
or opium derivative; 1,576
(b) An amount equal to or exceeding ten grams of a 1,579
compound, mixture, preparation, or substance that is or contains 1,580
any amount of raw or gum opium; 1,581
(c) An amount equal to or exceeding thirty grams or ten 1,584
unit doses of a compound, mixture, preparation, or substance that 1,585
is or contains any amount of a schedule I hallucinogen other than 1,586
tetrahydrocannabinol or lysergic acid amide, or a schedule I 1,589
stimulant or depressant; 1,590
(d) An amount equal to or exceeding twenty grams or five 1,593
times the maximum daily dose in the usual dose range specified in 1,594
a standard pharmaceutical reference manual of a compound, 1,595
mixture, preparation, or substance that is or contains any amount 1,596
of a schedule II opiate or opium derivative; 1,597
(e) An amount equal to or exceeding five grams or ten unit 1,599
doses of a compound, mixture, preparation, or substance that is 1,600
or contains any amount of phencyclidine; 1,601
(f) An amount equal to or exceeding one hundred twenty 1,603
grams or thirty times the maximum daily dose in the usual dose 1,604
range specified in a standard pharmaceutical reference manual of 1,605
a compound, mixture, preparation, or substance that is or 1,606
contains any amount of a schedule II stimulant that is in a final 1,607
dosage form manufactured by a person authorized by the "Federal 1,608
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 1,610
301, as amended, and the federal drug abuse control laws, as 1,611
defined in section 3719.01 of the Revised Code, that is or
contains any amount of a schedule II depressant substance or a 1,613
schedule II hallucinogenic substance;
36
(g) An amount equal to or exceeding three grams of a 1,616
compound, mixture, preparation, or substance that is or contains 1,617
any amount of a schedule II stimulant, or any of its salts or 1,618
isomers, that is not in a final dosage form manufactured by a 1,619
person authorized by the Federal Food, Drug, and Cosmetic Act and 1,620
the federal drug abuse control laws. 1,621
(2) An amount equal to or exceeding one hundred twenty 1,624
grams or thirty times the maximum daily dose in the usual dose 1,625
range specified in a standard pharmaceutical reference manual of 1,627
a compound, mixture, preparation, or substance that is or 1,629
contains any amount of a schedule III or IV substance other than 1,631
an anabolic steroid or a schedule III opiate or opium derivative; 1,632
(3) An amount equal to or exceeding twenty grams or five 1,634
times the maximum daily dose in the usual dose range specified in 1,635
a standard pharmaceutical reference manual of a compound, 1,636
mixture, preparation, or substance that is or contains any amount 1,638
of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty 1,640
milliliters or two hundred fifty grams of a compound, mixture, 1,641
preparation, or substance that is or contains any amount of a 1,642
schedule V substance; 1,643
(5) An amount equal to or exceeding two hundred solid 1,646
dosage units, sixteen grams, or sixteen milliliters of a 1,647
compound, mixture, preparation, or substance that is or contains 1,648
any amount of a schedule III anabolic steroid. 1,649
(E) "Unit dose" means an amount or unit of a compound, 1,651
mixture, or preparation containing a controlled substance that is 1,652
separately identifiable and in a form that indicates that it is 1,654
the amount or unit by which the controlled substance is 1,655
separately administered to or taken by an individual. 1,656
(F) "Cultivate" includes planting, watering, fertilizing, 1,658
or tilling. 1,659
(G) "Drug abuse offense" means any of the following: 1,661
(1) A violation of division (A) of section 2913.02 that 1,663
37
constitutes theft of drugs, or a violation of section 2925.02, 1,664
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 1,665
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the 1,667
Revised Code;
(2) A violation of an existing or former law of this or 1,669
any other state or of the United States that is substantially 1,670
equivalent to any section listed in division (G)(1) of this 1,671
section; 1,672
(3) An offense under an existing or former law of this or 1,674
any other state, or of the United States, of which planting, 1,675
cultivating, harvesting, processing, making, manufacturing, 1,676
producing, shipping, transporting, delivering, acquiring, 1,677
possessing, storing, distributing, dispensing, selling, inducing 1,678
another to use, administering to another, using, or otherwise 1,679
dealing with a controlled substance is an element; 1,680
(4) A conspiracy to commit, attempt to commit, or 1,682
complicity in committing or attempting to commit any offense 1,683
under division (G)(1), (2), or (3) of this section. 1,684
(H) "Felony drug abuse offense" means any drug abuse 1,686
offense that would constitute a felony under the laws of this 1,687
state, any other state, or the United States. 1,688
(I) "Harmful intoxicant" does not include beer or 1,690
intoxicating liquor but means any compound, mixture, preparation, 1,692
or substance the gas, fumes, or vapor of which when inhaled can 1,693
induce intoxication, excitement, giddiness, irrational behavior, 1,694
depression, stupefaction, paralysis, unconsciousness, 1,695
asphyxiation, or other harmful physiological effects, and 1,696
includes, but is not limited to, any of the following: 1,697
(1) Any volatile organic solvent, plastic cement, model 1,699
cement, fingernail polish remover, lacquer thinner, cleaning 1,700
fluid, gasoline, or other preparation containing a volatile 1,701
organic solvent; 1,702
(2) Any aerosol propellant; 1,704
(3) Any fluorocarbon refrigerant; 1,706
38
(4) Any anesthetic gas. 1,708
(J) "Manufacture" means to plant, cultivate, harvest, 1,710
process, make, prepare, or otherwise engage in any part of the 1,711
production of a drug, by propagation, extraction, chemical 1,712
synthesis, or compounding, or any combination of the same, and 1,713
includes packaging, repackaging, labeling, and other activities 1,714
incident to production. 1,715
(K) "Possess" or "possession" means having control over a 1,717
thing or substance, but may not be inferred solely from mere 1,718
access to the thing or substance through ownership or occupation 1,719
of the premises upon which the thing or substance is found. 1,720
(L) "Sample drug" means a drug or pharmaceutical 1,722
preparation that would be hazardous to health or safety if used 1,723
without the supervision of a licensed health professional 1,725
authorized to prescribe drugs, or a drug of abuse, and that, at 1,726
one time, had been placed in a container plainly marked as a 1,727
sample by a manufacturer.
(M) "Standard pharmaceutical reference manual" means the 1,729
current edition, with cumulative changes if any, of any of the 1,730
following reference works: 1,731
(1) "The National Formulary"; 1,733
(2) "The United States Pharmacopeia," prepared by 1,735
authority of the United States Pharmacopeial Convention, Inc.; 1,736
(3) Other standard references that are approved by the 1,738
state board of pharmacy. 1,739
(N) "Juvenile" means a person under eighteen years of age. 1,741
(O) "Counterfeit controlled substance" means any of the 1,743
following: 1,744
(1) Any drug that bears, or whose container or label 1,746
bears, a trademark, trade name, or other identifying mark used 1,747
without authorization of the owner of rights to that trademark, 1,748
trade name, or identifying mark; 1,749
(2) Any unmarked or unlabeled substance that is 1,751
represented to be a controlled substance manufactured, processed, 1,752
39
packed, or distributed by a person other than the person that 1,753
manufactured, processed, packed, or distributed it; 1,754
(3) Any substance that is represented to be a controlled 1,756
substance but is not a controlled substance or is a different 1,757
controlled substance; 1,758
(4) Any substance other than a controlled substance that a 1,760
reasonable person would believe to be a controlled substance 1,761
because of its similarity in shape, size, and color, or its 1,762
markings, labeling, packaging, distribution, or the price for 1,763
which it is sold or offered for sale. 1,764
(P) An offense is "committed in the vicinity of a school" 1,766
if the offender commits the offense on school premises, in a 1,767
school building, or within one thousand feet of the boundaries of 1,768
any school premises.
(Q) "School" means any school operated by a board of 1,770
education or any school for which the state board of education 1,771
prescribes minimum standards under section 3301.07 of the Revised 1,772
Code, whether or not any instruction, extracurricular activities, 1,773
or training provided by the school is being conducted at the time 1,774
a criminal offense is committed. 1,775
(R) "School premises" means either of the following: 1,777
(1) The parcel of real property on which any school is 1,779
situated, whether or not any instruction, extracurricular 1,780
activities, or training provided by the school is being conducted 1,781
on the premises at the time a criminal offense is committed; 1,782
(2) Any other parcel of real property that is owned or 1,784
leased by a board of education of a school or the governing body 1,785
of a school for which the state board of education prescribes 1,786
minimum standards under section 3301.07 of the Revised Code and 1,787
on which some of the instruction, extracurricular activities, or 1,788
training of the school is conducted, whether or not any 1,789
instruction, extracurricular activities, or training provided by 1,790
the school is being conducted on the parcel of real property at 1,791
the time a criminal offense is committed. 1,792
40
(S) "School building" means any building in which any of 1,794
the instruction, extracurricular activities, or training provided 1,795
by a school is conducted, whether or not any instruction, 1,796
extracurricular activities, or training provided by the school is 1,797
being conducted in the school building at the time a criminal 1,798
offense is committed. 1,799
(T) "Disciplinary counsel" means the disciplinary counsel 1,801
appointed by the board of commissioners on grievances and 1,802
discipline of the supreme court under the Rules for the 1,803
Government of the Bar of Ohio. 1,804
(U) "Certified grievance committee" means a duly 1,806
constituted and organized committee of the Ohio state bar 1,807
association or of one or more local bar associations of the state 1,808
of Ohio that complies with the criteria set forth in Rule V, 1,809
section 6 of the Rules for the Government of the Bar of Ohio. 1,810
(V) "Professional license" means any license, permit, 1,812
certificate, registration, qualification, admission, temporary 1,813
license, temporary permit, temporary certificate, or temporary 1,814
registration that is described in divisions (W)(1) to (35) of 1,815
this section and that qualifies a person as a professionally 1,816
licensed person. 1,817
(W) "Professionally licensed person" means any of the 1,819
following: 1,820
(1) A person who has obtained a license as a manufacturer 1,822
of controlled substances or a wholesaler of controlled substances 1,823
under Chapter 3719. of the Revised Code; 1,824
(2) A person who has received a certificate or temporary 1,826
certificate as a certified public accountant or who has 1,827
registered as a public accountant under Chapter 4701. of the 1,828
Revised Code and who holds an Ohio permit issued under that 1,829
chapter; 1,830
(3) A person who holds a certificate of qualification to 1,832
practice architecture issued or renewed and registered under 1,833
Chapter 4703. of the Revised Code; 1,834
41
(4) A person who is registered as a landscape architect 1,836
under Chapter 4703. of the Revised Code or who holds a permit as 1,837
a landscape architect issued under that chapter; 1,838
(5) A person licensed as an auctioneer or apprentice 1,840
auctioneer or licensed to operate an auction company under 1,841
Chapter 4707. of the Revised Code; 1,842
(6) A person who has been issued a certificate of 1,844
registration as a registered barber under Chapter 4709. of the 1,845
Revised Code; 1,846
(7) A person licensed and regulated to engage in the 1,848
business of a debt pooling company by a legislative authority, 1,849
under authority of Chapter 4710. of the Revised Code; 1,850
(8) A person who has been issued a cosmetologist's 1,852
license, manicurist's license, esthetician's license, managing 1,853
cosmetologist's license, managing manicurist's license, managing 1,854
esthetician's license, cosmetology instructor's license, 1,855
manicurist instructor's license, esthetician instructor's 1,856
license, or tanning facility permit under Chapter 4713. of the 1,857
Revised Code; 1,858
(9) A person who has been issued a license to practice 1,860
dentistry, a general anesthesia permit, a conscious intravenous 1,861
sedation permit, a limited resident's license, a limited teaching 1,862
license, a dental hygienist's license, or a dental hygienist's 1,863
teacher's certificate under Chapter 4715. of the Revised Code; 1,864
(10) A person who has been issued an embalmer's license, a 1,866
funeral director's license, a funeral home license, or a 1,867
crematory license, or who has been registered for an embalmer's 1,868
or funeral director's apprenticeship under Chapter 4717. of the 1,869
Revised Code;
(11) A person who has been licensed as a registered nurse 1,871
or practical nurse, or who has been issued a certificate for the 1,872
practice of nurse-midwifery under Chapter 4723. of the Revised 1,873
Code; 1,874
(12) A person who has been licensed to practice optometry 1,876
42
or to engage in optical dispensing under Chapter 4725. of the 1,877
Revised Code; 1,878
(13) A person licensed to act as a pawnbroker under 1,880
Chapter 4727. of the Revised Code; 1,881
(14) A person licensed to act as a precious metals dealer 1,883
under Chapter 4728. of the Revised Code; 1,884
(15) A person licensed as a pharmacist, a pharmacy intern, 1,887
a wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised 1,888
Code; 1,889
(16) A person who is authorized to practice as a physician 1,891
assistant under Chapter 4730. of the Revised Code; 1,892
(17) A person who has been issued a certificate to 1,894
practice medicine and surgery, osteopathic medicine and surgery, 1,895
a limited branch of medicine, or podiatry under Chapter 4731. of 1,897
the Revised Code;
(18) A person licensed as a psychologist or school 1,899
psychologist under Chapter 4732. of the Revised Code; 1,900
(19) A person registered to practice the profession of 1,902
engineering or surveying under Chapter 4733. of the Revised Code; 1,903
(20) A person who has been issued a license to practice 1,906
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker, OR 1,908
real estate salesperson, limited real estate broker, or limited 1,909
real estate salesperson under Chapter 4735. of the Revised Code; 1,910
(22) A person registered as a registered sanitarian under 1,912
Chapter 4736. of the Revised Code; 1,913
(23) A person licensed to operate or maintain a junkyard 1,915
under Chapter 4737. of the Revised Code; 1,916
(24) A person who has been issued a motor vehicle salvage 1,918
dealer's license under Chapter 4738. of the Revised Code; 1,919
(25) A person who has been licensed to act as a steam 1,921
engineer under Chapter 4739. of the Revised Code; 1,922
(26) A person who has been issued a license or temporary 1,924
43
permit to practice veterinary medicine or any of its branches, or 1,925
who is registered as a graduate animal technician under Chapter 1,926
4741. of the Revised Code; 1,927
(27) A person who has been issued a hearing aid dealer's 1,929
or fitter's license or trainee permit under Chapter 4747. of the 1,930
Revised Code; 1,931
(28) A person who has been issued a class A, class B, or 1,933
class C license or who has been registered as an investigator or 1,934
security guard employee under Chapter 4749. of the Revised Code; 1,935
(29) A person licensed and registered to practice as a 1,937
nursing home administrator under Chapter 4751. of the Revised 1,938
Code; 1,939
(30) A person licensed to practice as a speech-language 1,941
pathologist or audiologist under Chapter 4753. of the Revised 1,943
Code;
(31) A person issued a license as an occupational 1,945
therapist or physical therapist under Chapter 4755. of the 1,946
Revised Code; 1,947
(32) A person who is licensed as a professional clinical 1,949
counselor or professional counselor, licensed as a social worker 1,950
or independent social worker, or registered as a social work 1,951
assistant under Chapter 4757. of the Revised Code; 1,952
(33) A person issued a license to practice dietetics under 1,954
Chapter 4759. of the Revised Code; 1,955
(34) A person who has been issued a license or limited 1,958
permit to practice respiratory therapy under Chapter 4761. of the 1,959
Revised Code; 1,960
(35) A person who has been issued a real estate appraiser 1,962
certificate under Chapter 4763. of the Revised Code. 1,963
(X) "Cocaine" means any of the following: 1,965
(1) A cocaine salt, isomer, or derivative, a salt of a 1,967
cocaine isomer or derivative, or the base form of cocaine; 1,968
(2) Coca leaves or a salt, compound, derivative, or 1,970
preparation of coca leaves, including ecgonine, a salt, isomer, 1,971
44
or derivative of ecgonine, or a salt of an isomer or derivative 1,972
of ecgonine; 1,973
(3) A salt, compound, derivative, or preparation of a 1,975
substance identified in division (X)(1) or (2) of this section 1,977
that is chemically equivalent to or identical with any of those 1,978
substances, except that the substances shall not include 1,979
decocainized coca leaves or extraction of coca leaves if the 1,980
extractions do not contain cocaine or ecgonine. 1,981
(Y) "L.S.D." means lysergic acid diethylamide. 1,984
(Z) "Hashish" means the resin or a preparation of the 1,986
resin contained in marihuana, whether in solid form or in a 1,987
liquid concentrate, liquid extract, or liquid distillate form. 1,988
(AA) "Marihuana" has the same meaning as in section 1,990
3719.01 of the Revised Code, except that it does not include 1,992
hashish.
(BB) An offense is "committed in the vicinity of a 1,994
juvenile" if the offender commits the offense within one hundred 1,996
feet of a juvenile or within the view of a juvenile, regardless 1,997
of whether the offender knows the age of the juvenile, whether 1,998
the offender knows the offense is being committed within one 1,999
hundred feet of or within view of the juvenile, or whether the 2,000
juvenile actually views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that 2,002
a prison term shall be imposed" means a presumption, as described 2,003
in division (D) of section 2929.13 of the Revised Code, that a 2,004
prison term is a necessary sanction for a felony in order to 2,005
comply with the purposes and principles of sentencing under 2,006
section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in 2,008
section 2929.01 of the Revised Code. 2,009
(EE) "Minor drug possession offense" means either of the 2,011
following: 2,012
(1) A violation of section 2925.11 of the Revised Code as 2,014
it existed prior to July 1, 1996; 2,015
45
(2) A violation of section 2925.11 of the Revised Code as 2,017
it exists on and after July 1, 1996, that is a misdemeanor or a 2,018
felony of the fifth degree. 2,019
(FF) "Mandatory prison term" has the same meaning as in 2,022
section 2929.01 of the Revised Code.
(GG) "Crack cocaine" means a compound, mixture, 2,024
preparation, or substance that is or contains any amount of 2,025
cocaine that is analytically identified as the base form of 2,026
cocaine or that is in a form that resembles rocks or pebbles 2,027
generally intended for individual use.
Sec. 4735.01. As used in this chapter: 2,036
(A) "Real estate broker" includes any person, partnership, 2,038
association, or corporation, foreign or domestic, who for 2,039
another, whether pursuant to a power of attorney or otherwise, 2,040
and who for a fee, commission, or other valuable consideration, 2,041
or with the intention, or in the expectation, or upon the promise 2,042
of receiving or collecting a fee, commission, or other valuable 2,043
consideration: 2,044
(1) Sells, exchanges, purchases, rents, or leases, or 2,046
negotiates the sale, exchange, purchase, rental, or leasing of 2,047
any real estate; 2,048
(2) Offers, attempts, or agrees to negotiate the sale, 2,050
exchange, purchase, rental, or leasing of any real estate; 2,051
(3) Lists, or offers, attempts, or agrees to list, or 2,053
auctions, or offers, attempts, or agrees to auction, any real 2,054
estate; 2,055
(4) Buys or offers to buy, sells or offers to sell, or 2,057
otherwise deals in options on real estate; 2,058
(5) Operates, manages, or rents, or offers or attempts to 2,060
operate, manage, or rent, other than as custodian, caretaker, or 2,061
janitor, any building or portions of buildings to the public as 2,062
tenants; 2,063
(6) Advertises or holds self out as engaged in the 2,065
business of selling, exchanging, purchasing, renting, or leasing 2,066
46
real estate; 2,067
(7) Directs or assists in the procuring of prospects or 2,069
the negotiation of any transaction, other than mortgage 2,070
financing, which does or is calculated to result in the sale, 2,071
exchange, leasing, or renting of any real estate; 2,072
(8) Is employed by or on behalf of the owner of lots, or 2,074
other parcels of real estate, at a stated salary, or upon a 2,075
commission, or upon a salary and commission basis or otherwise, 2,076
to sell such real estate, or any parts of it, in lots or other 2,077
parcels, and who sells, exchanges, or offers, attempts, or agrees 2,078
to negotiate the sale or exchange of any such lot or parcel of 2,079
real estate; 2,080
(9) Is engaged in the business of charging an advance fee 2,082
or contracting for collection of a fee in connection with any 2,083
contract whereby the broker undertakes primarily to promote the 2,085
sale, exchange, purchase, rental, or leasing of real estate 2,086
through its listing in a publication issued primarily for such 2,087
purpose, or for referral of information concerning such real 2,088
estate to brokers, or both, except that this division does not 2,089
apply to a publisher of listings or compilations of sales of real 2,090
estate by their owners; 2,091
(10) Collects rental information for purposes of referring 2,093
prospective tenants to rental units or locations of such units 2,094
and charges the prospective tenants a fee. 2,095
(B) "Real estate" includes leaseholds as well as any and 2,097
every interest or estate in land situated in this state, whether 2,098
corporeal or incorporeal, whether freehold or nonfreehold, and 2,099
the improvements on the land, but does not include cemetery 2,100
interment rights. 2,101
(C) "Real estate salesperson" means any person associated 2,103
with a licensed real estate broker to do or to deal in any acts 2,104
or transactions set out or comprehended by the definition of a 2,105
real estate broker, for compensation or otherwise. 2,106
(D) "Limited real estate broker" includes any person, 2,108
47
partnership, association, or corporation, foreign or domestic, 2,109
who for another and for a fee, commission, or other valuable 2,110
consideration, or who with the intention or in the expectation or 2,111
upon the promise of receiving or collecting a fee, commission, or 2,112
other valuable consideration engages in the sale of cemetery 2,113
interment rights and whose license is limited to the sale of 2,114
cemetery interment rights. 2,115
(E) "Limited real estate salesperson" means any person 2,117
associated with a licensed real estate broker or a licensed 2,118
limited real estate broker to do or to deal in any acts or 2,119
transactions set out or comprehended by the definition of a 2,120
limited real estate broker, for compensation or otherwise. 2,121
(F) "Institution of higher education" means either of the 2,123
following:
(1) A nonprofit institution as defined in section 1713.01 2,125
of the Revised Code that actually awards, rather than intends to 2,126
award, degrees for fulfilling requirements of academic work 2,127
beyond high school; 2,128
(2) An institution operated for profit that otherwise 2,130
qualifies under the definition of an institution in section 2,131
1713.01 of the Revised Code and that actually awards, rather than 2,132
intends to award, degrees for fulfilling requirements of academic 2,133
work beyond high school. 2,134
(G)(E) "Foreign real estate" means real estate not 2,136
situated in this state and any interest in real estate not 2,137
situated in this state. 2,138
(H)(F) "Foreign real estate dealer" includes any person, 2,140
partnership, association, or corporation, foreign or domestic, 2,141
who for another, whether pursuant to a power of attorney or 2,142
otherwise, and who for a fee, commission, or other valuable 2,143
consideration, or with the intention, or in the expectation, or 2,144
upon the promise of receiving or collecting a fee, commission, or 2,145
other valuable consideration, does or deals in any act or 2,146
transaction specified or comprehended in division (A) of this 2,147
48
section with respect to foreign real estate. 2,148
(I)(G) "Foreign real estate salesperson" means any person 2,151
associated with a licensed foreign real estate dealer to do or 2,152
deal in any act or transaction specified or comprehended in 2,153
division (A) of this section with respect to foreign real estate, 2,154
for compensation or otherwise. 2,155
(J)(H) Any person, partnership, association, or 2,157
corporation, who, for another, in consideration of compensation, 2,158
by fee, commission, salary, or otherwise, or with the intention, 2,159
in the expectation, or upon the promise of receiving or 2,160
collecting a fee, does, or offers, attempts, or agrees to engage 2,161
in, any single act or transaction contained in the definition of 2,162
a real estate broker or foreign real estate dealer, whether an 2,163
act is an incidental part of a transaction, or the entire 2,164
transaction, shall be constituted a real estate broker or real 2,165
estate salesperson or a foreign real estate dealer or foreign 2,166
real estate salesperson under this chapter. 2,167
(K)(I) The terms "real estate broker," "real estate 2,169
salesperson," "foreign real estate dealer," and "foreign real 2,171
estate salesperson" do not include a person, partnership, 2,172
association, or corporation, or the regular employees thereof or 2,173
limited real estate broker or limited real estate salesperson, 2,174
who performs PERFORM any of the acts or transactions specified or 2,176
comprehended in division (A) of this section, whether or not for, 2,177
or with the intention, in expectation, or upon the promise of 2,178
receiving or collecting a fee, commission, or other valuable 2,179
consideration:
(1) With reference to real estate situated in this state 2,181
or any interest in it owned by such person, partnership, 2,182
association, or corporation, or acquired on its own account in 2,184
the regular course of, or as an incident to the management of the 2,185
property and the investment in it; 2,186
(2) As receiver or trustee in bankruptcy, as guardian, 2,188
executor, administrator, trustee, assignee, commissioner, or any 2,189
49
person doing the things mentioned in this section, under 2,190
authority or appointment of, or incident to a proceeding in, any 2,191
court, or as a public officer, or as executor, trustee, or other 2,192
bona fide fiduciary under any trust agreement, deed of trust, 2,193
will, or other instrument creating a like bona fide fiduciary 2,194
obligation; 2,195
(3) As a public officer while performing the officer's 2,197
official duties; 2,198
(4) As an attorney at law in the performance of the 2,200
attorney's duties. 2,201
(L)(J) "Physically handicapped licensee" means a person 2,203
licensed pursuant to this chapter who is under a severe physical 2,204
disability which is of such a nature as to prevent the person 2,205
from being able to attend any classroom instruction lasting at 2,206
least three hours in duration. 2,207
(M)(K) "Division of real estate" may be used 2,210
interchangeably with, and for all purposes has the same meaning 2,211
as, "division of real estate and professional licensing." 2,212
(N)(L) "Superintendent" or "superintendent of real estate" 2,215
means the superintendent of the division of real estate and 2,216
professional licensing of this state. Whenever the division or 2,217
superintendent of real estate is referred to or designated in any 2,218
statute, rule, contract, or other document, the reference or 2,219
designation shall be deemed to refer to the division or 2,220
superintendent of real estate and professional licensing, as the 2,221
case may be.
Sec. 4735.02. No person, partnership, association, or 2,230
corporation shall act as a real estate broker, OR real estate 2,231
salesman, limited real estate broker, or limited real estate 2,233
salesman SALESPERSON, or advertise or assume to act as such, 2,234
without first being licensed as provided in this chapter. 2,235
Nothing contained in this chapter shall be construed as 2,236
authorizing a real estate broker or salesman SALESPERSON to 2,237
perform any service constituting the practice of law. 2,238
50
No partnership, association, or corporation holding a real 2,240
estate license shall employ as an officer, director, manager, or 2,241
a principal employee any person previously holding a license as a 2,242
real estate broker, real estate salesman, limited real estate 2,244
broker, limited real estate salesman SALESPERSON, foreign real 2,245
estate dealer, or foreign real estate salesman SALESPERSON, whose 2,246
license has beenterminated BEEN TERMINATED by failure to file a 2,247
certificate of continuation, by revocation, or by suspension, and 2,248
who has not thereafter been relicensed.
Sec. 4735.051. (A) Within five business days after a 2,257
person files a signed written complaint against a licensed real 2,258
estate broker, OR licensed real estate salesperson, licensed 2,259
limited real estate broker, or licensed limited real estate 2,261
salesperson with the division of real estate, the superintendent 2,262
of real estate shall acknowledge receipt of the complaint and 2,263
send a notice to the licensee describing the acts complained of. 2,264
The acknowledgment to the complainant and the notice to the 2,265
licensee shall state that an informal meeting will be held with 2,266
the complainant, the licensee, and an investigator from the 2,267
investigation and audit section of the division if the 2,268
complainant and licensee both file a request for such a meeting 2,269
within ten business days thereafter on a form provided by the 2,270
superintendent. 2,271
(B) If the complainant and licensee both file with the 2,273
division requests for an informal meeting, the superintendent 2,274
shall notify the complainant and licensee of the date of the 2,275
meeting, which shall be within twenty business days thereafter, 2,276
except that any party may request an extension of up to fifteen 2,277
business days for good cause shown. If the parties reach an 2,278
accommodation at an informal meeting, the investigator shall so 2,279
report to the superintendent and the parties and the complaint 2,280
file shall be closed, unless, based upon the investigator's 2,281
report, the superintendent finds evidence that the licensee has 2,282
violated section 4735.18 of the Revised Code. 2,283
51
(C) If the parties fail to agree to an informal meeting or 2,285
fail to reach an accommodation, or if the superintendent finds 2,287
evidence of a violation of section 4735.18 of the Revised Code, 2,288
the superintendent shall, within five business days of such 2,289
determination, so notify the parties and shall investigate the 2,290
conduct of the licensee against whom the complaint is filed. 2,291
(D) Within sixty business days after receipt of the 2,293
complaint, or, if an informal meeting is held, within sixty days 2,294
of such meeting, the investigator shall file a written report of 2,295
the results of the investigator's investigation with the 2,296
superintendent. Within ten business days thereafter, the 2,298
superintendent shall review the report and determine whether 2,299
there exists reasonable and substantial evidence of a violation 2,300
of section 4735.18 of the Revised Code by the licensee. If the 2,301
superintendent finds such evidence exists, within five business 2,302
days of the determination, the superintendent shall notify the 2,303
parties of the date of a hearing to be held by a hearing examiner 2,304
pursuant to Chapter 119. of the Revised Code within fifteen days 2,305
but not prior to seven days thereafter, except that any party may 2,306
request an extension of up to thirty business days for good cause 2,307
shown. If the superintendent finds that such evidence does not 2,308
exist, within five business days thereafter, the superintendent 2,309
shall so notify the parties of the superintendent's determination 2,310
and the basis for the determination. Within fifteen business 2,311
days after the superintendent notifies the parties that such 2,312
evidence does not exist, the complainant may file with the 2,313
division a request that the commissioners review the 2,314
determination. If the complainant files such request, the 2,315
commissioners shall review the determination at the next 2,316
regularly scheduled meeting held at least fifteen business days 2,317
after the request is filed. The commission shall hear the 2,318
testimony of either party at such meeting upon the request of the 2,319
party. If the commissioners affirm the determination of the 2,320
superintendent, the superintendent shall so notify the 2,321
52
complainant and the licensee within five business days 2,322
thereafter. If the commissioners reverse the determination of 2,323
the superintendent, a hearing shall be held and the parties 2,324
notified as provided in this division.
(E) Within twenty-five business days after the conclusion 2,326
of formal hearings, the hearing examiner shall file a report of 2,327
findings of fact and conclusions of law with the superintendent, 2,328
the commission, and the parties. 2,329
(F) The commissioners shall review the hearing examiner's 2,331
report and the parties' evidence at the next regularly scheduled 2,332
commission meeting held at least fifteen business days after 2,333
receipt of the hearing examiner's report. The commission shall 2,334
hear the testimony of any party upon request. If the complainant 2,335
is the Ohio civil rights commission, the complaint shall be 2,336
reviewed by the commissioners directly upon request. 2,337
(G) The commission shall decide whether to impose 2,339
disciplinary sanctions upon a licensee for a violation of section 2,340
4735.18 of the Revised Code. The commission shall decide within 2,341
sixty days of the filing of the hearing examiner's report or 2,342
within sixty days of the filing of an Ohio civil rights 2,343
commission complaint. The commission shall maintain a transcript 2,344
of the proceedings and issue a written opinion to all the 2,345
parties, citing its findings and grounds for any action taken. 2,346
The commission shall notify the complainant and any other party 2,347
who may have suffered financial loss because of the licensee's 2,348
violations, that the complainant or other party may sue for 2,350
recovery under section 4735.12 of the Revised Code.
(H) An investigation under this section is subject to 2,352
section 4735.32 of the Revised Code. 2,353
(I) The commission may impose the following sanctions upon 2,355
a licensee for a violation of section 4735.18 of the Revised 2,356
Code: 2,357
(1) Revoke a license issued under Chapter 4735. of the 2,359
Revised Code; 2,360
53
(2) Suspend a license for a term set by the commission; 2,362
(3) Impose a fine, not exceeding two thousand five hundred 2,364
dollars per violation; 2,365
(4) Issue a public reprimand; 2,367
(5) Require the completion of additional continuing 2,369
education course work. Any continuing education course work 2,370
imposed pursuant to this section shall not count toward the 2,371
continuing education requirements set forth in section 4735.14 of 2,372
the Revised Code.
All fines imposed pursuant to division (I)(3) of this 2,374
section shall be credited to the real estate operating fund, 2,375
which is created in the state treasury under section 4735.211 of 2,376
the Revised Code.
Sec. 4735.07. (A) The superintendent of real estate, with 2,385
the consent of the Ohio real estate commission, may enter into 2,386
agreements with recognized national testing services to 2,387
administer the real estate broker's examination under his THE 2,388
SUPERINTENDENT'S supervision and control, consistent with the 2,389
requirements of this chapter as to the contents of such 2,391
examination.
(B) No person shall take the broker's examination who has 2,393
not established to the satisfaction of the superintendent that he 2,395
THE PERSON:
(1) Is honest, truthful, and of good reputation; 2,397
(2)(a) Has not been convicted of a felony or crime of 2,399
moral turpitude, or if he THE PERSON has been so convicted, the 2,400
superintendent has disregarded the conviction because the 2,401
applicant has proven to the superintendent, by a preponderance of 2,402
the evidence, that his THE APPLICANT'S activities and employment 2,403
record since the conviction show that he THE APPLICANT is honest, 2,405
truthful, and of good reputation, and there is no basis in fact 2,407
for believing that he THE APPLICANT again will violate the laws 2,408
involved;
(b) Has not been finally adjudged by a court to have 2,410
54
violated any municipal, state, or federal civil rights laws 2,411
relevant to the protection of purchasers or sellers of real 2,412
estate or, if he THE PERSON has been so adjudged, at least two 2,413
years have passed since the court decision and the superintendent 2,415
has disregarded the adjudication because the applicant has 2,416
proven, by a preponderance of the evidence, that his THE 2,417
APPLICANT'S activities and employment record since the 2,418
adjudication show that he THE APPLICANT is honest, truthful, and 2,419
of good reputation, and there is no basis in fact for believing 2,420
that he THE APPLICANT will again violate the laws involved;. 2,421
(3) Has not, during any period in which he THE PERSON was 2,423
licensed under this chapter, violated any provision of, or any 2,425
rule adopted pursuant to, this chapter, or, if he THE PERSON has 2,426
violated any such provision or rule, has established to the 2,427
satisfaction of the superintendent that he THE PERSON will not 2,428
again violate such provision or rule; 2,429
(4) Is at least eighteen years of age; 2,431
(5) Has been a licensed real estate broker or salesman 2,433
SALESPERSON for at least two years; during at least two of the 2,434
five years preceding his application, has worked as a licensed 2,436
real estate broker or salesman SALESPERSON for an average of at 2,437
least thirty hours per week; and has completed one of the 2,438
following:
(a) At least twenty real estate transactions, in which 2,440
property was sold for another by the applicant while acting in 2,441
his THE capacity as OF a real estate broker or salesman 2,443
SALESPERSON;
(b) Such equivalent experience as is defined by rules 2,445
adopted by the commission;. 2,446
(6)(a) If licensed as a real estate salesman SALESPERSON 2,448
prior to January 1, 1990, successfully has completed at an 2,449
institution of higher education all of the following: 2,450
(i) Thirty hours of classroom instruction in real estate 2,452
practice; 2,453
55
(ii) Thirty hours of classroom instruction that includes 2,455
the subjects of Ohio real estate law, municipal, state, and 2,456
federal civil rights law, new case law on housing discrimination, 2,457
desegregation issues, and methods of eliminating the effects of 2,458
prior discrimination. If feasible, the classroom instruction in 2,459
Ohio real estate law shall be taught by a member of the faculty 2,460
of an accredited law school. If feasible, the classroom 2,461
instruction in municipal, state, and federal civil rights law, 2,462
new case law on housing discrimination, desegregation issues, and 2,463
methods of eliminating the effects of prior discrimination shall 2,464
be taught by a staff member of the Ohio civil rights commission 2,465
who is knowledgeable with respect to those subjects. The 2,466
requirements of this division do not apply to an applicant who is 2,467
admitted to practice before the supreme court. 2,468
(iii) Thirty hours of classroom instruction in real estate 2,470
appraisal; 2,471
(iv) Thirty hours of classroom instruction in real estate 2,473
finance; 2,474
(v) Three quarter hours, or its equivalent in semester 2,476
hours, in financial management; 2,477
(vi) Three quarter hours, or its equivalent in semester 2,479
hours, in human resource or personnel management; 2,480
(vii) Three quarter hours, or its equivalent in semester 2,482
hours, in applied business economics; 2,483
(viii) Three quarter hours, or its equivalent in semester 2,485
hours, in business law. 2,486
(b) Division (B)(6)(a) of this section does not apply to 2,488
any applicant who holds a valid real estate salesman's 2,489
SALESPERSON'S license issued prior to January 2, 1972, or to 2,490
applicants for a limited real estate broker's or salesman's 2,493
license. Divisions (B)(6)(a)(v), (vi), (vii), and (viii) of this 2,494
section do not apply to any applicant who holds a valid real 2,495
estate salesman's SALESPERSON'S license issued prior to January 2,496
3, 1984.
56
(7) If licensed as a real estate salesman SALESPERSON on 2,498
or after January 3, 1984, satisfactorily has completed a minimum 2,499
of two years of post-secondary education, or its equivalent in 2,500
semester or quarter hours, at an institution of higher education, 2,501
and has fulfilled the requirements of division (B)(6)(a) of this 2,502
section. The requirements of division (B)(6)(a) of this section 2,503
may be included in the two years of post-secondary education, or 2,504
its equivalent in semester or quarter hours, that is required by 2,505
this division. 2,506
(C) Each applicant for a broker's license shall be 2,508
examined in the principles of real estate practice, Ohio real 2,509
estate law, and financing and appraisal, and as to the duties of 2,510
real estate brokers and real estate salesmen SALESPERSONS, the 2,511
applicant's knowledge of real estate transactions and instruments 2,512
relating to them, and the canons of business ethics pertaining to 2,513
them. The commission from time to time shall promulgate such 2,514
canons and cause them to be published in printed form. 2,515
Each applicant for a limited real estate broker's or 2,517
limited real estate salesman's license shall be examined only in 2,519
the areas specified in section 4735.091 of the Revised Code. 2,520
(D) Examinations shall be given entirely in writing, 2,522
except that they shall be administered orally or in braille to 2,523
the blind, as defined in section 5109.15 of the Revised Code, or 2,524
orally to an individual whose physical disability, as supported 2,525
by a physician's statement, renders it impossible to take a 2,526
written examination. The contents of an examination shall be 2,527
consistent with the requirements of division (B)(6)(a) of this 2,528
section and with the other specific requirements of this section. 2,529
An applicant who has completed the requirements of division 2,530
(B)(6)(a) of this section at the time of application may be 2,531
examined at the next regularly scheduled examination after he THE 2,532
APPLICANT is notified of his admission to the examination. 2,533
(E) The superintendent may waive the requirement of 2,535
examination in the case of an application from a nonresident real 2,536
57
estate broker of a state having similar requirements and under 2,537
the laws of which similar recognition is extended to licensed 2,538
real estate brokers and real estate salesmen SALESPERSONS of this 2,540
state.
(F) There shall be no limit placed on the number of times 2,542
an applicant may retake the examination. 2,543
(G) The superintendent in his THE SUPERINTENDENT'S 2,545
discretion may waive the requirement of examination if the 2,547
applicant has been licensed as a real estate broker by the 2,548
superintendent or commission at some time during the two-year 2,549
period immediately preceding the date of the current application. 2,550
(H)(1) Within twelve months from the date of issuance of 2,552
any real estate broker's license issued on or after January 1, 2,553
1990, the licensee successfully shall complete, at an institution 2,554
of higher education or any other institution that is approved by 2,555
the commission, ten hours of classroom instruction in real estate 2,556
brokerage. That instruction shall include, but not be limited 2,557
to, current issues in managing a real estate company or office. 2,558
Upon completion of the instruction, the licensee shall cause to 2,559
be filed with the superintendent a certificate from the 2,560
institution showing that he THE LICENSEE successfully has 2,561
completed the requirements of this division. 2,562
If the instruction is not successfully completed within 2,564
twelve months, the license of the real estate broker is suspended 2,565
automatically without the taking of any action by the commission. 2,566
The broker then shall have one year after the date of the 2,567
suspension of his THE BROKER'S license to successfully complete 2,568
the instruction required under this division, and his THE 2,570
BROKER'S license shall not be reinstated by the superintendent 2,571
until it is established, to the satisfaction of the 2,572
superintendent, that the requirements of this division have been 2,573
met.
(2) If the license of a real estate broker is suspended 2,575
pursuant to division (H)(1) of this section, the license of a 2,576
58
real estate salesman SALESPERSON associated with that broker 2,577
correspondingly is suspended pursuant to division (B) of section 2,579
4735.20 of the Revised Code. However, the suspended license of 2,580
the associated real estate salesman SALESPERSON shall be 2,581
reinstated and no fee shall be charged or collected for that 2,582
reinstatement if all of the following occur: 2,583
(a) That broker subsequently submits satisfactory proof to 2,585
the superintendent that he THE BROKER has complied with the 2,586
requirements of division (H)(1) of this section and requests that 2,588
his THE BROKER'S license as a real estate broker be reinstated; 2,589
(b) The superintendent then reinstates his THE BROKER'S 2,591
license as a real estate broker; 2,592
(c) The associated real estate salesman SALESPERSON 2,594
intends to continue to be associated with that broker and 2,595
otherwise is in compliance with this chapter. 2,596
Sec. 4735.10. (A)(1) The Ohio real estate commission may 2,605
adopt reasonable rules in accordance with Chapter 119. of the 2,606
Revised Code, necessary for implementing the provisions of this 2,607
chapter relating, but not limited to, the following: 2,608
(a) The form and manner of filing applications for 2,610
license; 2,611
(b) Times and form of examination for license; 2,613
(c) Placing an existing broker's license in escrow for an 2,615
indefinite period upon good cause shown. 2,616
(2) The commission shall adopt reasonable rules in 2,618
accordance with Chapter 119. of the Revised Code, for 2,619
implementing the provisions of this chapter relating to the 2,620
following:
(a) The issuance, renewal, suspension, revocation of 2,622
licenses, other sanctions that may be imposed for violations of 2,623
this chapter, and the conduct of hearings related to these 2,625
actions;
(b) Standards for the approval of courses of study 2,627
required for licenses, or offered in preparation for license 2,628
59
examinations, or required as continuing education for licenses. 2,629
The rules shall specify that no standard for the approval of a 2,631
course of study required as continuing education for licensees
shall require that licensees pass an examination as a condition 2,632
for the successful completion of a continuing education 2,633
requirement. A person providing a continuing education course 2,634
may administer examinations for the purpose of evaluating the 2,635
effectiveness of the course.
(c) Guidelines to ensure that continuing education classes 2,638
are open to all persons licensed under this chapter. The rules 2,639
shall specify that an organization that sponsors a continuing 2,640
education class may offer its members a reasonable reduction in 2,641
the fees charged for the class. 2,642
(d) Requirements for trust accounts and property 2,644
management accounts. The rules shall specify that: 2,645
(i) Brokerages engaged in the management of property for 2,648
another may, pursuant to a written contract with the property 2,649
owner, exercise signatory authority for withdrawals from property 2,650
management accounts maintained in the name of the property owner. 2,651
The exercise of authority for withdrawals does not constitute a 2,652
violation of any provision of division (A) of section 4735.18 of 2,653
the Revised Code. 2,655
(ii) The interest earned on property management trust 2,658
accounts maintained in the name of the property owner or the
broker shall be payable to the property owner unless otherwise 2,659
specified in a written contract. 2,660
(e) Annual certificates of continuation in business and 2,662
filing deadlines based on a staggered system of renewal with 2,663
deadlines distributed throughout the year. 2,664
(B) The commission shall adopt rules in accordance with 2,666
Chapter 119. of the Revised Code establishing standards and 2,667
guidelines with which the superintendent of real estate shall 2,668
comply in the exercise of the following powers: 2,669
(1) Appointment and recommendation of ancillary trustees 2,671
60
under section 4735.05 of the Revised Code; 2,672
(2) Rejection of names proposed to be used by 2,674
partnerships, associations, and corporations, under division (A) 2,675
of section 4735.06 of the Revised Code; 2,676
(3) Acceptance and rejection of applications to take the 2,678
broker and salesman SALESPERSON examinations and licensure, with 2,679
waiver of examination, under sections 4735.07 and 4735.09 of the 2,680
Revised Code; 2,681
(4) Approval of applications of brokers to place their 2,683
licenses on deposit and to become salespersons under section 2,685
4735.13 of the Revised Code;
(5) Appointment of hearing examiners under section 119.09 2,687
of the Revised Code; 2,688
(6) Acceptance and rejection of applications to take the 2,690
foreign real estate dealer and salesperson examinations and 2,691
licensure, with waiver of examination, under sections 4735.27 and 2,692
4735.28 of the Revised Code; 2,693
(7) Qualification of foreign real estate under section 2,695
4735.25 of the Revised Code. 2,696
If at any time there is no rule in effect establishing a 2,698
guideline or standard required by this division, the 2,699
superintendent shall adopt a rule in accordance with Chapter 119. 2,700
of the Revised Code for such purpose. 2,701
(C) The commission or superintendent may hear testimony in 2,703
matters relating to the duties imposed upon them, and the 2,704
president of the commission and superintendent may administer 2,705
oaths. The commission or superintendent may require other proof 2,706
of the honesty, truthfulness, and good reputation of any person 2,707
named in an application for a real estate broker's, OR real 2,708
estate salesperson's, limited real estate broker's, or limited 2,710
real estate salesperson's license before admitting the applicant 2,711
to the examination or issuing a license. 2,712
Sec. 4735.141. (A) Except as otherwise provided in this 2,721
division, on or before January 31, 1983, and on or before the 2,722
61
thirty-first day of January of every third year thereafter, each 2,723
licensee who was licensed by the state prior to January 1, 1980, 2,724
as a real estate broker or salesperson shall submit proof 2,725
satisfactory to the superintendent of real estate that the 2,726
licensee has satisfactorily completed, during the preceding three 2,727
years, thirty classroom hours of continuing education as 2,728
prescribed by the Ohio real estate commission pursuant to section 2,729
4735.10 of the Revised Code. Persons licensed as real estate 2,730
salespersons within the state on or after January 1, 1980, shall 2,731
submit the proof to the superintendent on or before the last day 2,732
of the month of the third year directly following the filing of 2,733
the certificate prescribed in division (G) of section 4735.09 of 2,734
the Revised Code, and every third year thereafter. Persons 2,735
licensed as real estate salespersons who subsequently become 2,736
licensed real estate brokers, shall continue to submit proof of 2,737
continuing education on the schedule established when they were 2,738
licensed real estate salespersons. The requirements of this 2,739
section shall not apply to persons licensed under section 2,740
4735.091 of the Revised Code or to any physically handicapped 2,742
licensee as provided in division (E) of this section. 2,744
Each licensee who is seventy years of age or older on the 2,746
effective date of this amendment JUNE 13, 1996, and each licensee 2,748
who will be seventy years of age or older within three years 2,749
after the effective date of this amendment JUNE 13, 1996, shall 2,750
submit proof satisfactory to the superintendent that the licensee 2,751
has satisfactorily completed during the three-year period 2,752
commencing on the effective date of this amendment JUNE 13, 1996, 2,753
and every three-year period thereafter, a total of nine classroom 2,755
hours of continuing education, including instruction in Ohio real 2,756
estate law; recently enacted state and federal laws affecting the 2,757
real estate industry; municipal, state, and federal civil rights 2,759
law; and canons of ethics for the real estate industry as adopted 2,760
by the commission. The commission shall adopt reasonable rules
in accordance with Chapter 119. of the Revised Code to carry out 2,762
62
the purposes of this paragraph.
A person providing any course of continuing education may 2,764
administer examinations to licensees for the purpose of 2,765
evaluating the effectiveness of the course, but passage of an 2,766
examination by a licensee shall not be a condition for successful 2,767
completion of the continuing education requirements of this 2,768
section. 2,769
(B) The continuing education requirements of this section 2,771
shall be completed in schools, seminars, and educational 2,772
institutions approved by the commission. Such approval shall be 2,773
given according to rules established by the commission under the 2,774
procedures of Chapter 119. of the Revised Code, and shall not be 2,775
limited to institutions providing two-year or four-year degrees. 2,776
Each school, seminar, or educational institution approved under 2,777
this division shall be open to all licensees on an equal basis. 2,778
(C) If the requirements of this section are not met by a 2,780
licensee within the period specified, the licensee's license 2,781
shall be suspended automatically without the taking of any action 2,782
by the superintendent. The superintendent shall notify the 2,783
licensee of the license suspension. Any license so suspended 2,784
shall remain suspended until it is reinstated by the 2,785
superintendent. No such license shall be reinstated until it is 2,786
established, to the satisfaction of the superintendent, that the 2,787
requirements of this section have been met. If the requirements 2,788
of this section are not met within two years from the date the 2,789
license was suspended, the license shall be revoked automatically 2,790
without the taking of any action by the commission. A person 2,791
whose license has been revoked and whose revoked license was 2,792
issued prior to January 1, 1980, may have the person's license 2,793
reinstated by the superintendent at any time after it has been 2,794
revoked upon submitting proof satisfactory to the superintendent 2,795
that the person has satisfactorily completed during the period 2,796
since the revocation of the person's license thirty classroom 2,797
hours of continuing education as prescribed by the commission 2,798
63
pursuant to section 4735.10 of the Revised Code. Upon 2,799
reinstatement of the person's license, the licensee shall comply 2,800
with the educational requirements of division (A) of this
section. 2,801
(D) If the license of a real estate broker is suspended 2,803
pursuant to division (C) of this section, the license of a real 2,804
estate salesperson associated with that broker correspondingly is 2,806
suspended pursuant to division (B) of section 4735.20 of the 2,807
Revised Code. However, the suspended license of the associated 2,808
real estate salesperson shall be reinstated and no fee shall be 2,810
charged or collected for that reinstatement if all of the 2,811
following occur: 2,812
(1) That broker subsequently submits proof to the 2,814
superintendent that the broker has complied with the requirements 2,815
of this section and requests that the broker's license as a real 2,816
estate broker be reinstated; 2,817
(2) The superintendent then reinstates the broker's 2,819
license as a real estate broker; 2,820
(3) The associated real estate salesperson intends to 2,822
continue to be associated with that broker, has complied with the 2,823
requirements of this section, and otherwise is in compliance with 2,824
this chapter. 2,825
(E) Any licensee who is a physically handicapped licensee 2,827
at any time during the last three months of the third year of the 2,828
licensee's continuing education reporting period may receive an 2,829
extension of time to submit proof to the superintendent that the 2,830
licensee has satisfactorily completed the required thirty hours 2,831
of continuing education. To receive an extension of time, the 2,832
licensee shall submit a request to the division of real estate 2,833
for the extension and proof satisfactory to the commission that 2,834
the licensee was a physically handicapped licensee at some time 2,835
during the last three months of the three-year reporting period. 2,836
The proof shall include, but is not limited to, a signed 2,837
statement by the licensee's attending physician describing the 2,838
64
physical disability, certifying that the licensee's disability is 2,839
of such a nature as to prevent the licensee from attending any 2,840
classroom instruction lasting at least three hours in duration, 2,841
and stating the expected duration of the physical disability. 2,842
The licensee shall request the extension and provide the 2,843
physician's statement to the division no later than one month
prior to the end of the licensee's three-year continuing 2,844
education reporting period, unless the physical disability did 2,845
not arise until the last month of the three-year reporting 2,846
period, in which event the licensee shall request the extension 2,847
and provide the physician's statement as soon as practical after 2,848
the occurrence of the physical disability. A licensee granted an 2,849
extension pursuant to this division who is no longer a physically 2,850
handicapped licensee and who submits proof of completion of the 2,851
continuing education during the extension period, shall submit, 2,852
for future continuing education reporting periods, proof of 2,853
completion of the continuing education requirements according to 2,854
the schedule established in division (A) of this section. 2,855
Sec. 4735.18. (A) Subject to section 4735.32 of the 2,864
Revised Code, the superintendent of real estate, upon the 2,865
superintendent's own motion, may investigate the conduct of any 2,866
licensee. Subject to section 4735.32 of the Revised Code, the 2,867
Ohio real estate commission shall, pursuant to section 4735.051 2,868
of the Revised Code, impose disciplinary sanctions upon any 2,869
licensee who, whether or not acting in the licensee's capacity as 2,870
a real estate broker or salesperson, or limited real estate
broker or salesperson, or in handling the licensee's own 2,872
property, is found to have been convicted of a felony or a crime 2,875
of moral turpitude, and shall, pursuant to section 4735.051 of 2,876
the Revised Code, impose disciplinary sanctions upon any licensee 2,877
who, in the licensee's capacity as a real estate broker or 2,878
salesperson, or limited real estate broker or salesperson, or in 2,879
handling the licensee's own property, is found guilty of: 2,881
(1) Knowingly making any misrepresentation; 2,883
65
(2) Making any false promises with intent to influence, 2,885
persuade, or induce; 2,886
(3) A continued course of misrepresentation or the making 2,888
of false promises through agents, salespersons, advertising, or 2,889
otherwise;
(4) Acting for more than one party in a transaction except 2,892
as permitted by and in compliance with section 4735.71 of the
Revised Code.; 2,893
(5) Failure within a reasonable time to account for or to 2,895
remit any money coming into the licensee's possession which 2,896
belongs to others; 2,897
(6) Dishonest or illegal dealing, gross negligence, 2,899
incompetency, or misconduct; 2,900
(7)(a) By final adjudication by a court, a violation of 2,902
any municipal or federal civil rights law relevant to the 2,903
protection of purchasers or sellers of real estate or, by final 2,904
adjudication by a court, any unlawful discriminatory practice 2,905
pertaining to the purchase or sale of real estate prohibited by 2,906
Chapter 4112. of the Revised Code, provided that such violation 2,907
arose out of a situation wherein parties were engaged in bona 2,908
fide efforts to purchase, sell, or lease real estate, in the 2,909
licensee's practice as a licensed real estate broker or 2,910
salesperson;
(b) A second or subsequent violation of any unlawful 2,912
discriminatory practice pertaining to the purchase or sale of 2,913
real estate prohibited by Chapter 4112. of the Revised Code or 2,914
any second or subsequent violation of municipal or federal civil 2,915
rights laws relevant to purchasing or selling real estate whether 2,916
or not there has been a final adjudication by a court, provided 2,917
that such violation arose out of a situation wherein parties were 2,918
engaged in bona fide efforts to purchase, sell, or lease real 2,919
estate. For any second offense under this division, the 2,920
commission shall suspend for a minimum of two months or revoke 2,921
the license of the broker or salesperson. For any subsequent 2,922
66
offense, the commission shall revoke the license of the broker or 2,923
salesperson. 2,924
(8) Procuring a license under this chapter, for the 2,926
licensee or any salesperson by fraud, misrepresentation, or 2,927
deceit;
(9) Having violated or failed to comply with any provision 2,929
of sections 4735.51 to 4735.74 of the Revised Code or having 2,930
willfully disregarded or violated any other provisions of this 2,931
chapter;
(10) As a real estate broker or limited real estate 2,934
broker, having demanded, without reasonable cause, other than
from a broker licensed under this chapter, a commission to which 2,935
the licensee is not entitled, or, as a real estate salesperson or 2,937
limited real estate salesperson, having demanded, without 2,938
reasonable cause, a commission to which the licensee is not 2,939
entitled;
(11) Having paid commissions or fees to, or divided 2,941
commissions or fees with, anyone not licensed as a real estate 2,942
broker or salesperson; 2,943
(12) Having falsely represented membership in any real 2,945
estate professional association of which the licensee is not a 2,946
member; 2,947
(13) Having accepted, given, or charged any undisclosed 2,949
commission, rebate, or direct profit on expenditures made for a 2,950
principal; 2,951
(14) Having offered anything of value other than the 2,953
consideration recited in the sales contract as an inducement to a 2,954
person to enter into a contract for the purchase or sale of real 2,955
estate or having offered real estate or the improvements on real 2,956
estate as a prize in a lottery or scheme of chance; 2,957
(15) Having acted in the dual capacity of real estate 2,959
broker and undisclosed principal, or real estate salesperson and 2,961
undisclosed principal, in any transaction;
(16) Having guaranteed, authorized, or permitted any 2,963
67
person to guarantee future profits which may result from the 2,964
resale of real property or cemetery interment rights; 2,965
(17) Having placed a sign on any property offering it for 2,967
sale or for rent without the consent of the owner or the owner's 2,968
authorized agent; 2,969
(18) Having induced any party to a contract of sale or 2,971
lease to break such contract for the purpose of substituting in 2,972
lieu of it a new contract with another principal; 2,973
(19) Having negotiated the sale, exchange, or lease of any 2,975
real property directly with an owner, purchaser, lessor, or 2,976
tenant knowing that such owner, purchaser, lessor, or tenant had 2,977
a written outstanding contract granting exclusive agency in 2,978
connection with such property to another real estate broker; 2,979
(20) Having offered real property for sale or for lease 2,981
without the knowledge and consent of the owner or the owner's 2,982
authorized agent, or on any terms other than those authorized by 2,983
the owner or the owner's authorized agent; 2,984
(21) Having published advertising, whether printed, radio, 2,986
display, or of any other nature, which was misleading or 2,987
inaccurate in any material particular, or in any way having 2,988
misrepresented any properties, terms, values, policies, or 2,989
services of the business conducted; 2,990
(22) Having knowingly withheld from or inserted in any 2,992
statement of account or invoice any statement that made it 2,993
inaccurate in any material particular; 2,994
(23) Having published or circulated unjustified or 2,996
unwarranted threats of legal proceedings which tended to or had 2,997
the effect of harassing competitors or intimidating their 2,998
customers; 2,999
(24) Having failed to keep complete and accurate records 3,001
of all transactions for a period of three years from the date of 3,002
the transaction, such records to include copies of listing forms, 3,003
earnest money receipts, offers to purchase and acceptances of 3,004
them, and records of receipts and disbursements of all funds 3,005
68
received by the licensee as broker and incident to the licensee's 3,006
transactions as such, and any other instruments or papers related 3,008
to the performance of any of the acts set forth in the definition 3,009
of a real estate broker; 3,010
(25) Failure of a real estate broker or salesperson to 3,012
furnish all parties involved in a real estate transaction true 3,013
copies of all listings and other agreements to which they are a 3,014
party, at the time each party signs them; 3,015
(26) Failure to maintain at all times a special or trust 3,017
bank account in a depository located in this state. The account 3,018
shall be noninterest-bearing, separate and distinct from any 3,019
personal or other account of the broker, and, except as provided 3,021
in division (A)(27) of this section, shall be used for the
deposit and maintenance of all escrow funds, security deposits, 3,022
and other moneys received by the broker in a fiduciary capacity. 3,023
The name, account number, if any, and location of the depository 3,024
wherein such special or trust account is maintained shall be 3,025
submitted in writing to the superintendent. Checks drawn on such 3,026
special or trust bank accounts are deemed to meet the conditions 3,027
imposed by section 1349.21 of the Revised Code.
(27) Failure to maintain at all times a special or trust 3,029
bank account in a depository in this state, to be used 3,030
exclusively for the deposit and maintenance of all rents, 3,031
security deposits, escrow funds, and other moneys received by the 3,032
broker in a fiduciary capacity in the course of managing real
property. This account shall be separate and distinct from any 3,033
other account maintained by the broker. The name, account 3,034
number, and location of the depository shall be submitted in 3,035
writing to the superintendent. This account may earn interest, 3,036
which shall be paid to the property owners on a pro rata basis. 3,037
Division (A)(27) of this section does not apply to brokers 3,039
who are not engaged in the management of real property on behalf 3,040
of real property owners. 3,041
(28) Having failed to put definite expiration dates in all 3,043
69
written agency agreements to which the broker is a party; 3,044
(29) Having an unsatisfied final judgment in any court of 3,046
record against the licensee arising out of his THE LICENSEE'S 3,047
conduct as a licensed broker or salesman SALESPERSON; 3,048
(30) Failing to render promptly upon demand a full and 3,050
complete statement of the expenditures by the broker or 3,051
salesperson of funds advanced by or on behalf of a party to a 3,052
real estate transaction to the broker or salesperson for the 3,053
purpose of performing duties as a licensee under this chapter in 3,054
conjunction with the real estate transaction; 3,055
(31) Failure within a reasonable time, after the receipt 3,057
of the commission by the broker, to render an accounting to and 3,058
pay a real estate salesperson the salesperson's earned share of 3,059
it;
(32) Failure to notify the real estate salesperson that 3,061
the licensee does not intend to list such salesperson on the 3,062
continuation in business form;
(33) Performing any service for another constituting the 3,064
practice of law, as determined by any court of law; 3,065
(34) Having been adjudicated incompetent for the purpose 3,067
of holding the license by a court, as provided in section 3,068
5122.301 of the Revised Code. A license revoked or suspended 3,069
under this division shall be reinstated upon proof to the 3,070
commission of the removal of the disability. 3,071
(35) Having authorized or permitted a person to act as an 3,073
agent in the capacity of a real estate broker or limited real 3,074
estate broker, or a real estate salesperson or limited real 3,076
estate salesperson, who was not then licensed as a real estate
broker, limited real estate broker, OR real estate salesperson, 3,078
or limited real estate salesperson under this chapter. 3,080
(B) Whenever the commission, pursuant to section 4735.051 3,082
of the Revised Code, imposes disciplinary sanctions for any 3,083
violation of this section, the commission also may impose such 3,084
sanctions upon the broker with whom the salesperson is affiliated 3,085
70
if the commission finds that the broker had knowledge of the 3,086
salesperson's actions that violated this section.
(C) The commission shall, pursuant to section 4735.051 of 3,088
the Revised Code, impose disciplinary sanctions upon any foreign 3,089
real estate dealer or salesperson who, in that capacity or in 3,090
handling the dealer's or salesperson's own property, is found 3,091
guilty of any of the acts or omissions specified or comprehended 3,092
in division (A) of this section insofar as the acts or omissions
pertain to foreign real estate. If the commission imposes such 3,093
sanctions upon a foreign real estate salesperson for a violation 3,094
of this section, the commission also may suspend or revoke the 3,095
license of the foreign real estate dealer with whom the 3,096
salesperson is affiliated if the commission finds that the dealer 3,097
had knowledge of the salesperson's actions that violated this 3,098
section.
(D) The commission may suspend, in whole or in part, the 3,100
imposition of the penalty of suspension of a license under this 3,101
section. 3,102
(E) The commission immediately shall notify the real 3,104
estate appraiser board of any disciplinary action taken under 3,105
this section against a licensee who also is a state-certified 3,106
real estate appraiser under Chapter 4763. of the Revised Code. 3,107
Sec. 4735.32. (A)(1) The Ohio real estate commission or 3,116
the superintendent of real estate may commence, at any time 3,117
within three years from the date on which an alleged violation of 3,118
a provision of this or another chapter of the Revised Code 3,119
occurred, any investigation that relates to the conduct of a 3,120
licensed real estate broker, real estate salesman, limited real 3,121
estate broker, limited real estate salesman SALESPERSON, foreign 3,122
real estate dealer, or foreign real estate salesman SALESPERSON, 3,124
that is authorized pursuant to section 1349.11, 4735.051, or 3,126
4735.18, or any other section of the Revised Code, and that is 3,127
for purposes of determining whether the licensee has violated a 3,128
provision of this or another chapter of the Revised Code and 3,129
71
whether, as a consequence, his THE LICENSEE'S license should be 3,130
suspended or revoked, or other disciplinary action taken, as 3,131
provided in this or another chapter of the Revised Code. If such 3,132
an investigation is not commenced within the three-year period, 3,133
it shall be barred, and neither the commission nor the 3,134
superintendent shall suspend or revoke the license of any 3,135
licensee, or take other disciplinary action against any licensee, 3,136
because of the alleged violation of a provision of this or 3,137
another chapter of the Revised Code that could have been the 3,138
subject of the barred investigation.
(2) For purposes of division (A)(1) of this section, if an 3,140
investigation that is authorized by section 4735.051 of the 3,141
Revised Code is involved, it shall be considered to be commenced 3,142
as of the date on which a person files a complaint with the 3,143
division of real estate pursuant to division (A) of that section. 3,144
(B) This section does not affect any criminal or civil 3,146
liability that a licensed real estate broker, real estate 3,147
salesman, limited real estate broker, limited real estate 3,149
salesman SALESPERSON, foreign real estate dealer, or foreign real 3,150
estate salesman SALESPERSON, or any unlicensed person, may have 3,151
under this or another chapter of the Revised Code or under the 3,152
common law of this state. 3,153
Sec. 4735.57. (A) The superintendent of real estate, with 3,162
the approval of the Ohio real estate commission, shall establish 3,163
by rule the agency disclosure statement, which shall specify the 3,164
duties of a licensee in a real estate transaction pursuant to 3,165
this chapter. The agency disclosure statement shall contain a 3,167
place for the licensee and the parties to the transaction to sign
and date the statement and shall contain sections for the 3,168
disclosure or explanation of all of the following: 3,169
(1) The permissible agency relationships a licensee may 3,171
establish under section 4735.53 of the Revised Code and an 3,172
explanation of the duties the licensee owes the client in each 3,173
type of relationship;
72
(2) Whether the brokerage may act as a dual agent and if 3,175
so, the possibility that different licensees affiliated with the 3,176
brokerage might represent the separate interests of a purchaser 3,177
or a seller in the same transaction. The disclosure shall 3,178
contain an explanation that when different licensees affiliated 3,179
with the same brokerage represent both the purchaser and seller 3,181
in a transaction, each licensee represents only the interests of 3,182
that licensee's client. The disclosure shall contain an 3,183
explanation that when different licensees affiliated with the 3,184
same brokerage represent different clients in a transaction, the 3,185
brokerage and the management level licensees in the brokerage are 3,186
dual agents of both the seller and purchaser and have supervisory
duties and limitations as dual agents. The disclosure also shall 3,187
state that the broker shall take steps to preserve the 3,189
confidential information of the client.
(3) Unless confidential, the names of all parties the 3,191
licensee represents in the transaction; 3,192
(4) That the signature of the client indicates the client 3,194
consents to the agency relationship and that if the client does 3,195
not understand the agency disclosure statement, the client should 3,196
consult an attorney.
(B) The agency disclosure statement prescribed under 3,199
division (A) of this section does not limit the duties of a real 3,200
estate agent to those listed in division (A) of this section, and 3,201
the agent is obligated to perform all duties imposed on a real 3,202
estate agent at common law except to the extent the duties are 3,203
inconsistent with the duties prescribed in this chapter or are 3,204
otherwise modified by agreement.
(C) The disclosure requirements of this section do not 3,206
apply in any of the following situations: 3,207
(1) The rental or leasing of residential premises as 3,209
defined in section 5321.01 of the Revised Code, if the rental or 3,210
lease agreement can be performed in eighteen months or less; 3,211
(2) The referral of a prospective buyer, tenant, seller, 3,213
73
or landlord to another licensee; 3,214
(3) Transactions involving the sale, lease, or exchange of 3,217
foreign real estate as defined in division (G)(E) of section 3,218
4735.01 of the Revised Code; 3,219
(4) Transactions involving the sale of a cemetery lot or a 3,221
cemetery interment right. 3,222
Sec. 4767.02. (A) Except as otherwise provided in 3,231
division (C) of this section, no person, church, religious 3,232
society, established fraternal organization, or political 3,233
subdivision of the state shall own, operate, or maintain a 3,234
cemetery unless the cemetery is registered pursuant to section 3,235
4767.03 of the Revised Code. 3,236
(B) The division of real estate in the department of 3,238
commerce shall perform all of the following duties: 3,239
(1) Adopt, amend, and rescind rules in accordance with 3,241
Chapter 119. of the Revised Code to carry out sections 4767.02 to 3,242
4767.04 of the Revised Code governing the registration of 3,243
cemeteries; 3,244
(2) Prescribe the form and content of all applications to 3,246
be used for registration and renewal of registration pursuant to 3,247
section 4767.03 of the Revised Code; 3,248
(3) Review applications for registration and issue 3,250
registration certificates to cemeteries that meet the 3,251
qualifications for registration pursuant to sections 4767.03 and 3,252
4767.04 of the Revised Code; 3,253
(4) Collect all fees related to the registration and 3,255
renewal of registration certificates for cemeteries; 3,256
(5) Maintain a written record of each cemetery registered 3,258
with the division, which shall include such documentation as 3,259
required in division (A) of section 4767.04 of the Revised Code. 3,260
The record shall be available for inspection by the public and 3,261
copies shall be made available pursuant to division (B) of 3,262
section 149.43 of the Revised Code. 3,263
(6) REVOKE THE REGISTRATION OF ANY CEMETERY OWNER OR 3,265
74
OPERATOR CONVICTED OF A VIOLATION OF SECTION 1721.21 OR 1721.211 3,267
OF THE REVISED CODE IMMEDIATELY UPON RECEIPT OF NOTICE OF THE 3,268
CONVICTION PURSUANT TO SECTION 119.06 OF THE REVISED CODE; 3,269
(7) HIRE ALL DIVISION PERSONNEL NECESSARY TO IMPLEMENT 3,271
THIS CHAPTER; 3,272
(8) PROHIBIT THE SALE OF THE ASSETS OR STOCK OF A CEMETERY 3,275
BY REFUSING TO ISSUE A REGISTRATION CERTIFICATE TO THE PURCHASER 3,276
UNTIL THE DISPUTE RESOLUTION COMMISSION HAS RECEIVED AUDITED 3,277
FINANCIAL STATEMENTS AUDITED BY A CERTIFIED PUBLIC ACCOUNTANT
SHOWING TO THE COMMISSION'S SATISFACTION THAT ALL CURRENT FUNDS 3,279
REQUIRED TO BE DEPOSITED AND MAINTAINED PURSUANT TO SECTIONS 3,280
1721.21 AND 1721.211 OF THE REVISED CODE HAVE BEEN DEPOSITED AND 3,281
MAINTAINED; 3,282
(9) WITH THE DISPUTE RESOLUTION COMMISSION'S ADVICE AND 3,285
CONSENT, SUBPOENA CEMETERY PERSONNEL TO ATTEND HEARINGS BEFORE 3,286
THE COMMISSION.
(C) Sections 4767.02 to 4767.04 of the Revised Code do not 3,288
apply to or affect a family cemetery or a cemetery in which there 3,289
have been no interments during the previous twenty-five calendar 3,290
years. As used in this division, "family cemetery" means a 3,291
cemetery containing the human remains of persons, at least 3,292
three-fourths of whom have a common ancestor or who are the 3,293
spouse or adopted child of that common ancestor. 3,294
Sec. 4767.031. (A) THE OWNER OR THE PERSON RESPONSIBLE 3,297
FOR THE OPERATION OF EACH CEMETERY REQUIRED TO REGISTER UNDER 3,298
SECTION 4767.03 OF THE REVISED CODE SHALL PROVIDE THE DIVISION OF 3,300
REAL ESTATE IN THE DEPARTMENT OF COMMERCE, ON A FORM PRESCRIBED 3,301
BY THE DIVISION, AT THE SAME TIME THE OWNER OR OTHER PERSON 3,302
APPLIES FOR REGISTRATION OR RENEWAL OF REGISTRATION AS REQUIRED 3,303
BY SECTION 4767.03 OF THE REVISED CODE, A LIST OF THE NAMES AND 3,304
RESIDENCE ADDRESSES OF ALL PERSONS EMPLOYED OR OTHERWISE ENGAGED 3,306
BY THE CEMETERY TO SELL INTERMENT RIGHTS. THE PROVISION OF THIS
INFORMATION CONSTITUTES THE REGISTRATION OF THESE PERSONS TO SELL 3,307
INTERMENT RIGHTS. 3,308
75
IN ORDER FOR AN INDEPENDENT CONTRACTOR TO SELL INTERMENT 3,310
RIGHTS FOR A CEMETERY, THE CEMETERY SHALL SPONSOR AND REGISTER 3,311
THE INDEPENDENT CONTRACTOR WITH THE DIVISION. MORE THAN ONE 3,312
CEMETERY MAY SPONSOR AND REGISTER THE SAME INDEPENDENT 3,313
CONTRACTOR.
(B) THE OWNER OR THE PERSON RESPONSIBLE FOR THE OPERATION 3,316
OF EACH CEMETERY REQUIRED TO REGISTER UNDER SECTION 4767.03 OF 3,317
THE REVISED CODE SHALL PROVIDE THE DIVISION WITH A REVISED LIST 3,319
OF THE NAMES AND RESIDENCE ADDRESSES OF ALL PERSONS EMPLOYED OR 3,320
OTHERWISE ENGAGED BY THE CEMETERY TO SELL INTERMENT RIGHTS WITHIN 3,321
THE CALENDAR QUARTER IMMEDIATELY FOLLOWING THE DATE OF THE 3,322
TERMINATION OF THE CEMETERY'S RELATIONSHIP WITH AN EXISTING 3,323
SALESPERSON OR THE COMMENCEMENT OF A RELATIONSHIP WITH A NEW 3,324
SALESPERSON. AS USED IN THIS DIVISION, "CALENDAR QUARTER" MEANS 3,325
THE THREE-MONTH PERIOD THAT COMMENCES ON THE FIRST DAY OF EACH 3,326
JANUARY, APRIL, JULY, AND OCTOBER. 3,327
Sec. 4767.04. (A) To qualify a cemetery for a certificate 3,336
of registration, the applicant shall submit to the division of 3,337
real estate the following information: 3,338
(1) The name of the cemetery; 3,340
(2) The street address, city, village, or township, and 3,342
county where the cemetery is located and the mailing address if 3,343
different from the street address; 3,344
(3) The name and address of the person who owns the 3,346
cemetery; 3,347
(4) The name and address of the person responsible for the 3,349
operation and maintenance of the cemetery; 3,350
(5) A list of persons, if any, employed by or otherwise 3,352
affiliated with the owner or operator of the cemetery who hold a 3,353
limited real estate broker's license or a limited real estate 3,354
salesman's license pursuant to section 4735.091 of the Revised 3,356
Code; 3,357
(6) A copy of the most recent annual report of the 3,359
cemetery if required by the Ohio real estate commission pursuant 3,360
76
to section 1721.211 of the Revised Code. If the cemetery is 3,361
owned by a cemetery company or association, a copy of the annual 3,362
report for the previous year of all of the assets and investments 3,363
of the endowment care funds of the association as prepared 3,364
pursuant to section 1721.21 of the Revised Code shall be 3,365
submitted to the division. 3,366
(B) If any of the information required in division (A) of 3,368
this section changes at any time, the person responsible for the 3,369
operation and maintenance of the cemetery shall submit written 3,370
notification of the change to the division within thirty days of 3,371
the change occurring. 3,372
Sec. 4767.06. The Ohio cemetery dispute resolution 3,381
commission shall perform all of the following duties: 3,382
(A) Adopt, amend, and rescind such rules in accordance 3,384
with Chapter 119. of the Revised Code as are necessary in 3,385
carrying out sections 4767.05 to 4767.08 of the Revised Code, 3,386
including rules relative to the following: 3,387
(1) Transacting the commission's business and managing its 3,389
affairs; 3,390
(2) Establishing procedures for receiving, reviewing, and 3,392
responding to complaints filed pursuant to section 4767.07 of the 3,393
Revised Code; 3,394
(3) Conducting investigations in response to complaints 3,396
filed pursuant to division (A) of section 4767.07 of the Revised 3,397
Code; 3,398
(4) Resolving complaints by using informal techniques of 3,400
mediation, conciliation, and persuasion, including requiring the 3,401
parties involved in a complaint to be given prompt notice of any 3,402
offers to resolve disputes and responses thereto; 3,403
(5) Advising all parties making a complaint, or who are 3,405
the subject of a complaint, of any recommendations or findings of 3,406
fact made by the commission with respect to the complaint; 3,407
(6) Requesting the party who has filed a complaint or is 3,409
the subject of a complaint, and is affected by recommendations of 3,410
77
the commission made with respect to the complaint, to notify the 3,411
commission within a time specified by the commission of any 3,413
action the party has taken in response to the commission's 3,414
recommendations; 3,415
(7) Conducting nonpublic hearings and maintaining 3,417
commission proceedings and records as confidential, 3,418
notwithstanding sections 121.22 and 149.43 of the Revised Code 3,419
when the commission determines that the nature of the complaints 3,421
merits that action;
(8) Determining the method to be used in serving notices 3,423
as required by section 4767.07 of the Revised Code. 3,424
(B) Publicize information concerning the existence and 3,426
duties of the commission and the procedure for filing complaints 3,427
pursuant to section 4767.07 of the Revised Code; 3,428
(C) Conduct hearings on complaints pursuant to section 3,430
4767.07 of the Revised Code; 3,431
(D) Submit at least annually by the thirty-first day of 3,433
March a report on the commission's activities of the immediately 3,434
preceding calendar year to the governor and the majority and 3,435
minority leaders of the senate and house of representatives. The 3,436
report shall indicate the total number of complaints received, 3,437
initiated, and investigated under sections 4767.07 and 4767.08 of 3,438
the Revised Code; the total number of complaints for which 3,439
hearings were held; and the total number of referrals made to 3,440
prosecuting attorneys, the attorney general, and the real estate 3,441
commission pursuant to section 4767.08 of the Revised Code. 3,442
(E) Review, at least once each year, all actions taken by 3,444
the prosecuting attorneys, the attorney general, and the real 3,445
estate commission in response to referrals made to them by the 3,446
cemetery dispute resolution commission or by the superintendent 3,448
of the division of real estate in the department of commerce. 3,449
The commission shall include in the report required in division 3,450
(D) of this section information regarding the nature of the 3,451
inappropriate conduct alleged in each referral and the status or 3,452
78
disposition made of each referral occurring during the preceding 3,453
two years.
(F) Perform all functions as are necessary in 3,455
administering and enforcing sections 4767.05 to 4767.08 of the 3,456
Revised Code, INCLUDING THE RENDERING OF ALL ADVICE NECESSARY 3,457
UNDER DIVISIONS (B)(6) TO (12) OF SECTION 4767.02 OF THE REVISED 3,458
CODE;
(G) REVIEW ALL PROPOSED TRANSFERS THAT WOULD TRANSFER 3,461
SUBSTANTIALLY ALL OF THE ASSETS OR STOCK OF A CEMETERY, REQUIRE 3,463
AN AUDIT OF THE CEMETERY'S FUNDS ON DEPOSIT UNDER SECTIONS 3,464
1721.21 AND 1721.211 OF THE REVISED CODE, AND FORMULATE AN AGREED 3,465
PLAN PURSUANT TO WHICH THE BUYER AND THE SELLER OF THE CEMETERY 3,466
WILL CAUSE THOSE FUNDS TO BE PROPERLY FUNDED; 3,467
(H) ADOPT AND PUBLISH SUGGESTED MAINTENANCE GUIDELINES FOR 3,469
ALL CEMETERIES REGISTERED IN THE STATE OF OHIO UNDER CHAPTER 3,470
4767. OF THE REVISED CODE. 3,471
Sec. 4767.08. (A) The cemetery dispute resolution 3,480
commission, on its own motion or as a result of a complaint 3,481
received pursuant to section 4767.07 of the Revised Code and with 3,482
good cause shown, shall investigate or cause to be investigated 3,483
alleged violations of sections 1721.19, 1721.20, 1721.21, 3,484
1721.211, 4735.02, 4735.22, and 4765.03 of the Revised Code. If 3,485
the commission or the superintendent of the division of real 3,486
estate in the department of commerce believes that a violation 3,487
has occurred, the commission or superintendent shall request DO 3,488
ALL OF THE FOLLOWING: 3,489
(1) REVIEW THE FINANCIAL RECORDS OF THE CEMETERY TO ENSURE 3,491
COMPLIANCE WITH SECTIONS 1721.21 AND 1721.211 OF THE REVISED 3,492
CODE;
(2) REQUEST the prosecuting attorney of the county in 3,495
which the alleged violation occurred to initiate such proceedings 3,496
as are appropriate.
(B) If, as a result of an investigation, the commission or 3,498
the superintendent believes that a person has violated Chapter 3,499
79
1345. of the Revised Code, the commission or superintendent shall 3,500
report the findings to the attorney general. 3,501
(C) If, as a result of an investigation, the commission or 3,503
the superintendent believes that a limited real estate broker or 3,504
limited real estate salesman has violated Chapter 4735. of the 3,505
Revised Code, the commission or superintendent shall report the 3,507
findings to the real estate commission, which may initiate such
proceedings as are appropriate. 3,508
(D) The commission, at any time, may dismiss a complaint 3,510
if it determines there is not good cause shown for the complaint. 3,511
If the commission dismisses a complaint, it shall notify the 3,512
person who filed the complaint within twenty days of reaching its 3,513
decision and identify the reason why the complaint was dismissed. 3,514
(E)(D) When necessary for the division of real estate in 3,516
the department of commerce to perform the duties required by 3,517
sections 4767.07 and 4767.08 of the Revised Code, the 3,518
superintendent of the division, after consultation with at least 3,519
a majority of the members of the cemetery dispute resolution 3,520
commission, may issue subpoenas and compel the production of 3,521
books, papers, records, and other forms of evidence. 3,522
Sec. 4767.99. Whoever violates division (A) of section 3,531
4767.02 of the Revised Code is guilty of a misdemeanor of the 3,532
fourth THIRD degree.
Section 2. That existing sections 517.23, 517.24, 759.01, 3,534
1111.19, 1151.345, 1161.59, 1319.12, 1345.21, 1721.01, 1721.06, 3,535
1721.21, 1721.211, 1733.51, 2117.25, 2925.01, 4735.01, 4735.02, 3,536
4735.051, 4735.07, 4735.10, 4735.141, 4735.18, 4735.32, 4735.57, 3,537
4767.02, 4767.04, 4767.06, 4767.08, and 4767.99 and sections 3,539
2117.251 and 4735.091 of the Revised Code are hereby repealed.
Section 3. Not more than two years after the effective 3,541
date of this act the Cemetery Dispute Resolution Commission shall 3,542
provide a written report to the Governor, the Speaker of the 3,543
House of Representatives, and the President of the Senate on the 3,544
effectiveness of the Ohio cemetery law. The report shall include 3,545
80
recommendations for modification of the Ohio cemetery law in
light of consumer complaints and industry problems. 3,546
Section 4. Section 2925.01 of the Revised Code is 3,548
presented in this act as a composite of the section as amended by 3,549
both Sub. H.B. 606 and Sub. S.B. 200 of the 122nd General 3,551
Assembly, with the new language of neither of the acts shown in 3,552
capital letters. This is in recognition of the principle stated 3,553
in division (B) of section 1.52 of the Revised Code that such 3,554
amendments are to be harmonized where not substantively 3,555
irreconcilable and constitutes a legislative finding that such is 3,556
the resulting version in effect prior to the effective date of 3,557
this act.