As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 18 5
1999-2000 6
REPRESENTATIVES SCHULER-ALLEN-BUCHY-TERWILLEGER-TAYLOR-WESTON- 8
CLANCY-KREBS-OGG-CATES-ROMAN-WILLAMOWSKI-SALERNO-O'BRIEN- 9
MOTTLEY-BRITTON-PRINGLE-JAMES-VAN VYVEN-JOLIVETTE 10
12
A B I L L
To amend sections 517.23, 517.24, 759.01, 1111.19, 14
1151.345, 1161.59, 1319.12, 1345.21, 1721.01, 15
1721.06, 1721.21, 1721.211, 1733.51, 2117.25, 16
2925.01, 4735.01, 4735.02, 4735.051, 4735.07, 17
4735.10, 4735.141, 4735.18, 4735.32, 4735.57, 18
4767.02, 4767.04, 4767.06, and 4767.08, to enact 19
section 4767.031, and to repeal sections 2117.251 20
and 4735.091 of the Revised Code to revise laws 22
dealing with the operation and registration of 23
cemeteries and with preneed burial vault 24
contracts. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 517.23, 517.24, 759.01, 1111.19, 30
1151.345, 1161.59, 1319.12, 1345.21, 1721.01, 1721.06, 1721.21, 31
1721.211, 1733.51, 2117.25, 2925.01, 4735.01, 4735.02, 4735.051, 32
4735.07, 4735.10, 4735.141, 4735.18, 4735.32, 4735.57, 4767.02, 33
4767.04, 4767.06, and 4767.08 be amended and section 4767.031 of 34
the Revised Code be enacted to read as follows:
Sec. 517.23. (A) Subject to divisions (B), (D), and (E) 43
of this section, the board of township trustees, the trustees or 45
directors of a cemetery association, or the other officers having 46
control and management of a cemetery OR THE OFFICER OF A
MUNICIPAL CORPORATION WHO HAS CONTROL AND MANAGEMENT OF A 47
MUNICIPAL CEMETERY shall disinter or grant permission to disinter 49
2
any remains buried in the cemetery in either of the following 50
circumstances:
(1) If the surviving spouse of the decedent is eighteen 52
years of age or older, on WITHIN THIRTY DAYS AFTER THE FILING OF 53
AN application of the surviving spouse made in accordance with 54
division (A) of section 517.24 of the Revised Code and payment by 55
the applicant of the reasonable costs and expense of 56
disinterment;
(2) On order of a probate court issued under division (B) 58
of section 517.24 of the Revised Code and payment by the person 59
who applied for the order under that division of the reasonable 61
costs and expense of disinterment.
(B) No disinterment shall be made pursuant to this section 63
and section 517.24 of the Revised Code if the decedent died of a 66
contagious or infectious disease until a permit has been issued 67
by the board of health of a general health district or of a city 68
health district.
(C) Upon disinterment of remains under division (A)(1) or 71
(2) of this section, the involved board, trustees, directors, or
other officers, OR OFFICER OF THE MUNICIPAL CORPORATION shall 73
deliver or cause to be delivered the disinterred remains to the 74
applicant surviving spouse or, if the disinterment was pursuant 75
to court order issued under division (B) of section 517.24 of the 76
Revised Code, to the person who applied for the order under that 77
division.
(D) The board of township trustees, the trustees or 79
directors of a cemetery association, or the other officers having 80
control and management of a cemetery OR THE OFFICER OF A 82
MUNICIPAL CORPORATION WHO HAS CONTROL AND MANAGEMENT OF A 83
MUNICIPAL CEMETERY may disinter or grant permission to disinter 84
and, if appropriate, may reinter or grant permission to reinter 85
any remains buried in the cemetery to correct an interment error 86
in the cemetery if the board, trustees, directors, or other 88
officers, OR OFFICER OF THE MUNICIPAL CORPORATION comply with the 90
3
internal rules of the cemetery pertaining to disinterments and if 91
the board, trustees, directors, or other officers, OR OFFICER OF 92
THE MUNICIPAL CORPORATION provide notice of the disinterment to 93
the decedent's last known next of kin. The board, trustees, 95
directors, or other officers, OR OFFICER OF THE MUNICIPAL 96
CORPORATION may correct an interment error under this division 98
without a court order or an application by a person. 99
(E)(1) A person who is an interested party and who is 101
eighteen years of age or older and of sound mind may apply to the 103
probate court of the county in which the decedent is buried for 104
an order to prevent the decedent's surviving spouse from having 105
the remains of the decedent disinterred. An application to
prevent the disinterment of the remains of the decedent shall be 107
in writing, subscribed and verified by oath, and include all of 108
the following:
(a) If applicable, a statement that the applicant assumed 110
financial responsibility for the funeral and burial expenses of 111
the decedent;
(b) If division (E)(1)(a) of this section is inapplicable 114
relative to the applicant, a statement that the applicant did not 115
assume financial responsibility for the funeral and burial
expenses of the decedent; 116
(c) A statement that the applicant is eighteen years of 118
age or older and of sound mind; 119
(d) The relationship of the applicant to the decedent; 121
(e) A statement of the applicant's reasons to oppose the 123
disinterment of the remains of the decedent. 124
(2) An applicant for an order to prevent the disinterment 126
of the remains of the decedent under division (E) of this section 128
promptly shall give notice of the filing of the application by 130
certified mail, return receipt requested, to the decedent's
surviving spouse. The notice shall indicate that the applicant 132
has filed an application for an order to prevent the disinterment 133
of the remains of the decedent.
4
(F) As used in this section and in section 517.24 of the 136
Revised Code:
(1) "Cemetery" and "interment" have the same meanings as 138
in section 1721.21 of the Revised Code. 139
(2) "Disinterment" means the recovery of human remains by 141
exhumation, disentombment, or disinurnment. "Disinterment" does 142
not include the raising and lowering of remains to accommodate 143
two interments within a single grave and does not include the 144
repositioning of an outside burial container that encroaches an 145
adjoining burial space.
Sec. 517.24. (A) An application by a surviving spouse for 154
disinterment under section 517.23 of the Revised Code shall be in 156
writing and shall state that the applicant is the surviving 157
spouse of the decedent, that the applicant is eighteen years of 158
age or older and of sound mind, the disease of which the decedent 160
died, and the place at which the remains shall be reinterred. 161
The application shall be subscribed and verified by oath. 162
(B)(1) A person who is eighteen years of age or older and 164
of sound mind and who is not the surviving spouse of the decedent 165
involved may obtain a court order under this division for the 166
disinterment of the remains of the decedent. Any person who is 167
eighteen years of age or older and of sound mind, including, but 168
not limited to, the person who assumed financial responsibility 169
for the funeral and burial expenses of the decedent, and who 170
wishes to obtain a court order for the disinterment of the 172
remains of the decedent may file an application in the probate 173
court of the county in which the decedent is buried requesting
the court to issue an order for the disinterment of the remains 174
of the decedent. The application shall be in writing, subscribed 175
and verified by oath, and include all of the following: 176
(a) If applicable, a statement that the applicant assumed 178
financial responsibility for the funeral and burial expenses of 179
the decedent;
(b) If division (B)(1)(a) of this section is inapplicable 182
5
relative to the applicant, a statement that the applicant did not 183
assume financial responsibility for the funeral and burial
expenses of the decedent; 184
(c) A statement that the applicant is eighteen years of 186
age or older and of sound mind; 187
(d) The relationship of the applicant to the decedent; 189
(e) A statement of the place at which the remains will be 191
reinterred; 192
(f) The name, the relationship to the decedent, and the 194
address of the decedent's surviving spouse, of all persons who 195
would have been entitled to inherit from the decedent under 196
Chapter 2105. of the Revised Code if the decedent had died 197
intestate, and, if the decedent had a will, of all legatees and 198
devisees named in the decedent's will.
(2)(a) Subject to division (B)(2)(b) of this section, upon 201
the filing of an application for an order for disinterment of 202
remains under division (B) of this section, the applicant
promptly shall give notice as described in this division by 204
certified mail, return receipt requested, to the decedent's 205
surviving spouse,; to all persons who would have been entitled to 206
inherit from the decedent under Chapter 2105. of the Revised Code 208
if the decedent had died intestate, and,; if the decedent had a 209
will, to all legatees and devisees named in the decedent's will; 212
AND TO THE BOARD OF TOWNSHIP TRUSTEES, THE TRUSTEES OR DIRECTORS 213
OF A CEMETERY ASSOCIATION, OR THE OTHER OFFICERS HAVING CONTROL
AND MANAGEMENT OF THE CEMETERY IN WHICH THE REMAINS OF THE 214
DECEDENT ARE INTERRED OR TO THE OFFICER OF A MUNICIPAL 215
CORPORATION WHO HAS CONTROL AND MANAGEMENT OF A MUNICIPAL 216
CEMETERY IN WHICH THE REMAINS OF THE DECEDENT ARE INTERRED. The 217
notice shall indicate that an application for disinterment of the 218
remains of the decedent has been filed. 219
(b) A person entitled to be given the notice described in 221
division (B)(2)(a) of this section may waive the right to receive 223
the notice by filing a written waiver of that right in the
6
probate court. 224
(c) The fact that the notice required by division 226
(B)(2)(a) of this section has been given, subject to division 228
(B)(2)(d) of this section, to all persons described in division 229
(B)(2)(a) of this section who have not waived their right to 230
receive the notice and, if applicable, the fact that certain 231
persons described in that division have waived their right to
receive the notice in accordance with division (B)(2)(b) of this 233
section shall be evidenced by an affidavit of the applicant for
the order for disinterment, and the applicant shall file the 234
affidavit in the probate court. 235
(d) An applicant for an order for disinterment is not 237
required to give a notice pursuant to division (B)(2)(a) of this 238
section to persons whose names or places of residence are unknown 239
and cannot with reasonable diligence be ascertained, and the 240
applicant shall file an affidavit in the probate court specifying 241
any persons who were not given notice pursuant to division 242
(B)(2)(a) of this section and the reason for not giving notice to 243
those persons.
(3)(a) Except as otherwise provided in division (B)(3)(b) 246
of this section, upon the filing of an application for 247
disinterment of remains and the giving of the required notice
under division (B)(2) of this section, the probate court promptly 248
shall conduct a hearing to determine whether to issue an order 249
for disinterment of the remains of the decedent. Except as 250
otherwise provided in division (B)(3)(a) of this section, at the 251
hearing, the court, in its discretion, may issue an order for 252
disinterment of the decedent's remains IF GOOD CAUSE FOR
DISINTERMENT IS SHOWN. If a person who is an interested party 254
and who is eighteen years of age or older and of sound mind 255
establishes by a preponderance of the evidence at the hearing 256
that the issuance of an order for disinterment of the decedent's 257
remains under division (B)(3) of this section would be against 258
the decedent's religious beliefs OR ASCERTAINABLE DESIRES, the 259
7
court shall not issue the requested order UNLESS THE COURT FINDS 260
A COMPELLING REASON TO ISSUE IT. If the court is not so 262
prohibited from issuing the requested order and exercises its
discretion to issue the requested order for disinterment of the 264
decedent's remains under IN ACCORDANCE WITH division (B)(3) of 265
this section, the court promptly shall deliver the order to the 267
applicant. AN ORDER OF THE COURT FOR DISINTERMENT OF THE
DECEDENT'S REMAINS SHALL SPECIFY THAT THE BOARD OF TOWNSHIP 268
TRUSTEES, THE TRUSTEES OR BOARD OF THE CEMETERY ASSOCIATION, OR 269
OTHER OFFICERS HAVING CONTROL AND MANAGEMENT OF THE CEMETERY OR 270
THE OFFICER OF A MUNICIPAL CORPORATION WHO HAS CONTROL AND 271
MANAGEMENT OF THE MUNICIPAL CEMETERY SHALL HAVE A PERIOD OF AT
LEAST THIRTY DAYS TO PERFORM THE ORDERED DISINTERMENT. 272
(b) The court is not required to conduct a hearing under 275
division (B)(3)(a) of this section if each person entitled to be 276
given the notice described in division (B)(2)(a) of this section 277
has waived that right by filing a written waiver of the right to 278
receive the notice in the probate court. 279
Sec. 759.01. Any municipal corporation may provide public 288
cemeteries and crematories for burial or incineration of the dead 289
and regulate public and private cemeteries and crematories. Any 290
cemetery established by a municipal corporation shall register 291
with the division of real estate in the department of commerce 292
pursuant to section 4767.03 of the Revised Code. ANY CEMETERY OF 293
THAT NATURE IS SUBJECT TO CHAPTER 4767. AND TO SECTIONS 517.23 TO 294
517.25 AND 1721.211 OF THE REVISED CODE IN ADDITION TO BEING 295
SUBJECT TO THIS CHAPTER. 296
Sec. 1111.19. (A) As used in this section: 305
(1) "Financial institution" means a bank, savings bank, or 307
savings association located in this state and insured by the 308
federal deposit insurance corporation or a credit union 309
authorized to do business in this state.
(2) "Preneed funeral contract" means a written agreement, 311
contract, or series of contracts to sell or otherwise provide any 313
8
funeral services, funeral goods, or any combination thereof, to 314
be used in connection with the funeral or final disposition of a 315
dead human body, where payment for the goods or services is made 316
either outright or on an installment basis, prior to the death of
the person purchasing them or for whom they are purchased. A 317
preneed funeral contract that includes funeral services may be 318
sold only by a funeral director licensed pursuant to Chapter 319
4717. of the Revised Code. "Preneed funeral contract" does not 321
include any preneed burial vault CEMETERY MERCHANDISE AND
SERVICES contract, OR any agreement, contract, or series of 324
contracts pertaining to the sale of any burial lot, burial or
interment right, entombment right, or columbarium right with 325
respect to which either an endowment care fund is established or 326
is not required to be established EXEMPT FROM ESTABLISHMENT 328
pursuant to section 1721.21 of the Revised Code, or any 329
agreement, contract, or series of contracts pertaining to the 330
sale of cemetery interment rights made by a person licensed as a 332
limited real estate broker or limited real estate salesman 333
pursuant to section 4735.091 of the Revised Code. 334
(B) Any preneed funeral contract that involves the payment 336
of money shall be in writing and in compliance with the laws and 337
rules of this state. One hundred per cent of all payments for 338
funeral goods and services made under a preneed funeral contract 339
shall remain intact and held in trust for the benefit of the 340
person for whose benefit the contract is made. No money in a 342
preneed funeral contract trust shall be distributed from the
trust except as provided in this section. Any purchaser on 343
initially entering into a preneed funeral contract may, within 344
seven days, rescind the contract and request and receive from the 345
seller one hundred per cent of all payments made under the 346
contract.
(C) Within thirty days after the seller of funeral goods 348
or services receives any payment under a preneed funeral 350
contract, the seller shall deliver the moneys received and not 352
9
returned to the purchaser as provided in division (B) of this 353
section, to the trustee designated in the preneed funeral 354
contract or an amendment to it.
(D) The trustee of each preneed funeral contract trust 356
shall be a financial institution or a natural person not required 357
by this chapter to be licensed to do trust business. A natural 359
person acting as trustee of a preneed funeral contract trust 361
shall be bonded by a corporate surety bond in an amount not less 362
than one hundred per cent of the funds in all of the preneed
funeral contract trusts the person serves as trustee. 363
(E)(1) A trustee shall establish a separate preneed 365
funeral contract trust for the moneys paid under each preneed 366
funeral contract, unless the purchaser under a preneed funeral 367
contract authorizes the trustee to place the moneys paid in a 368
combined preneed funeral contract trust. The trustee of a 369
combined preneed funeral contract trust shall keep exact records 370
of the corpus, income, expenses, and disbursements with regard to 372
each beneficiary of a preneed funeral contract for whom moneys 373
are held in the trust. The terms of a preneed funeral contract 374
trust shall be governed by this section.
(2) A trustee may charge a fee for managing a preneed 376
funeral contract trust. The fee shall not exceed the amount 377
regularly or usually charged for similar services rendered by the 378
financial institution when serving as a trustee, and shall be 379
paid only from the income on that trust.
(F) No preneed funeral contract shall restrict the 381
purchaser from making the contract irrevocable. On the purchase 382
by an individual of an irrevocable preneed funeral contract, the 383
selling funeral director assumes the legal obligation to provide 384
for the funeral of the individual pursuant to the terms of the 385
contract.
(G) The purchaser of a preneed funeral contract that is 387
not irrevocable may, on not less than fifteen days' notice, 388
cancel the contract and request and receive from the trustee 390
10
payments made under the contract and any income earned up to the 391
time of cancellation, less fees, distributions, and expenses made 392
pursuant to this section; except, if a preneed funeral contract
stipulates a firm or fixed or guaranteed price for funeral 393
services and goods for future use at a time determined by the 394
death of the beneficiary of the preneed funeral contract, the 395
purchaser, on not less than fifteen days' notice, may cancel the 397
contract and receive from the trustee ninety per cent of the
principal paid pursuant to the preneed funeral contract, not less 398
than eighty per cent of any interest earned up to the time of 399
cancellation, and not less than eighty per cent of any income 400
earned on the funds since the funds were paid to the seller and 401
up to the time of cancellation less any fees, distributions, and 402
expenses. On cancellation, after the funds have been distributed 403
to the purchaser pursuant to this division, the trustee shall
distribute all remaining funds attributable to the canceled 404
preneed funeral contract to the seller. If more than one 405
purchaser enters into the contract, all of those purchasers must 406
request cancellation for it to be effective under this division, 407
and the trustee shall refund to each purchaser only those funds
that purchaser has paid under the contract and a proportionate 408
amount of any income earned on those funds, less any fees, 409
distributions, and expenses.
(H) A certified copy of the certificate of death or other 411
evidence of death satisfactory to the trustee shall be furnished 413
to the trustee as evidence of death, and the trustee shall 414
promptly pay the accumulated payments and income, if any, 415
according to the preneed funeral contract. The payment of the 416
accumulated payments and income pursuant to this section and,
when applicable, the preneed funeral contract, shall relieve the 417
trustee of any further liability on the accumulated payments and 418
income.
(I) For purposes of this section, the seller is deemed to 420
have delivered funeral goods pursuant to a preneed funeral 421
11
contract when either of the following occurs: 422
(1) The seller makes actual delivery of the goods to the 424
beneficiary;
(2) The seller does all of the following: 426
(a) Receives delivery of the goods on behalf of the 428
beneficiary;
(b) Stores the goods upon the real property of a funeral 430
home licensed in this state; 431
(c) Notifies the beneficiary of receipt of the goods and 433
identifies the specific location of the goods; 434
(d) At the time of the purchaser's final payment, provides 436
the beneficiary with evidence of ownership in the beneficiary's 437
name showing the goods to be free and clear of any liens or other 438
encumbrances.
(J) The seller of funeral goods or services under a 440
preneed funeral contract annually shall submit to the board of 441
embalmers and funeral directors the reports the board requires. 442
(K) The general assembly intends this section to be 444
construed as a limitation on the manner in which a person is 445
permitted to accept funds in prepayment for funeral services to 446
be performed in the future, or funeral goods to be used in 448
connection with the funeral or final disposition of human
remains, to the end that at all times members of the public may 449
have an opportunity to arrange and pay for funerals for 450
themselves and their families in advance of need while at the 451
same time providing all possible safeguards to ensure that 452
prepaid funds cannot be dissipated, whether intentionally or not,
but remain available for payment for funeral goods and services 453
in connection with the funeral or final disposition of dead human 454
bodies.
(L) This section does not apply when the seller of funeral 456
goods or services under a preneed funeral contract is an 457
established and legally cognizable church or denomination that is 458
exempt from federal income taxation under section 501(c)(3) of 459
12
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 462
501, as amended, and the preneed funeral contract pertains to a 463
cemetery owned and operated entirely and exclusively by the 464
church or denomination; provided the church or denomination
adopts, on a voluntary basis, rules and other measures to 465
safeguard and secure all funds received under any preneed funeral 466
contract.
Sec. 1151.345. A savings and loan association may, in 475
accordance with sections 1111.19 and 1721.211 of the Revised 476
Code, MAY receive and hold on deposit moneys under a preneed 478
funeral contract or a preneed burial CEMETERY MERCHANDISE AND 479
SERVICES contract.
Sec. 1161.59. In accordance with sections 1111.19 and 488
1721.211 of the Revised Code, a savings bank may receive and hold 490
on deposit moneys under a preneed funeral contract or a preneed 491
burial CEMETERY MERCHANDISE AND SERVICES contract. 492
Sec. 1319.12. (A)(1) As used in this section, "collection 502
agency" means any person who, for compensation, contingent or 503
otherwise, or for other valuable consideration, offers services 504
to collect an alleged debt asserted to be owed to another. 505
(2) "Collection agency" does not mean a person whose 507
collection activities are confined to and directly related to the 509
operation of another business, including, but not limited to, the 510
following:
(a) Any bank, including the trust department of a bank, 513
trust company, savings and loan association, savings bank, credit 514
union, or fiduciary as defined in section 1339.03 of the Revised 516
Code, except those that own or operate a collection agency; 518
(b) Any real estate broker, OR real estate salesperson, 521
limited real estate broker, or limited real estate salesperson, 522
as these persons are defined in section 4735.01 of the Revised 523
Code;
(c) Any retail seller collecting its own accounts; 526
(d) Any insurance company authorized to do business in 528
13
this state under Title XXXIX of the Revised Code or a health 529
insuring corporation authorized to operate in this state under 531
Chapter 1751. of the Revised Code;
(e) Any public officer or judicial officer acting under 533
order of a court;
(f) Any licensee as defined either in section 1321.01 or 535
1321.71 of the Revised Code, or any registrant as defined in 536
section 1321.51 of the Revised Code; 537
(g) Any public utility; 539
(h) ANY PERSON REGISTERED TO SELL INTERMENT RIGHTS UNDER 541
SECTION 4767.031 OF THE REVISED CODE. 542
(B) A collection agency with a place of business in this 545
state may take assignment of another person's accounts, bills, or 547
other evidences of indebtedness in its own name for the purpose 548
of billing, collecting, or filing suit in its own name as the 549
real party in interest.
(C) No collection agency shall commence litigation for the 552
collection of an assigned account, bill, or other evidence of 553
indebtedness unless it has taken the assignment in accordance 554
with all of the following requirements: 555
(1) The assignment was voluntary, properly executed, and 557
acknowledged by the person transferring title to the collection 558
agency. 559
(2) The collection agency did not require the assignment 561
as a condition to listing the account, bill, or other evidence of 563
indebtedness with the collection agency for collection.
(3) The assignment was manifested by a written agreement 565
separate from and in addition to any document intended for the 566
purpose of listing the account, bill, or other evidence of 567
indebtedness with the collection agency. The written agreement 568
must SHALL state the effective date of the assignment and the 569
consideration paid or given, if any, for the assignment, and must 571
SHALL expressly authorize the collection agency to refer the 572
assigned account, bill, or other evidence of indebtedness to an 573
14
attorney admitted to the practice of law in this state for the 574
commencement of litigation. The written agreement must also 575
SHALL disclose that the collection agency may CONSOLIDATE, for 577
purposes of filing an action, consolidate the assigned account, 579
bill, or other evidence of indebtedness with those of other
creditors against an individual debtor or co-debtors. 580
(4) Upon the effective date of the assignment to the 582
collection agency, the creditor's account maintained by the 583
collection agency in connection with the assigned account, bill, 584
or other evidence of indebtedness was canceled. 585
(D) A collection agency shall commence litigation for the 588
collection of an assigned account, bill, or other evidence of 589
indebtedness in a court of competent jurisdiction located in the 590
county in which the debtor resides, or in the case of co-debtors, 591
a county in which at least one of the co-debtors resides. 592
(E) No collection agency shall commence any litigation 595
authorized by this section unless the agency appears by an 596
attorney admitted to the practice of law in this state. 597
(F) This section does not affect the powers and duties of 599
any person described in division (A)(2) of this section. 600
(G) Nothing in this section relieves a collection agency 602
from complying with the "Fair Debt Collection Practices Act," 91 603
Stat. 874 (1977), 15 U.S.C. 1692, as amended, or deprives any 604
debtor of the right to assert defenses as provided in section 605
1317.031 of the Revised Code and 16 C.F.R. 433, as amended. 606
(H) For purposes of filing an action, a collection agency 609
that has taken an assignment or assignments pursuant to this 610
section may consolidate the assigned accounts, bills, or other 611
evidences of indebtedness of one or more creditors against an 612
individual debtor or co-debtors. Each separate assigned account, 613
bill, or evidence of indebtedness must be separately identified 614
and pled in any consolidated action authorized by this section. 615
If a debtor or co-debtor raises a good faith dispute concerning 616
any account, bill, or other evidence of indebtedness, the court 617
15
shall separate each disputed account, bill, or other evidence of 618
indebtedness from the action and hear the disputed account, bill, 620
or other evidence of indebtedness on its own merits in a separate 621
action. The court shall charge the filing fee of the separate 622
action to the losing party.
Sec. 1345.21. As used in sections 1345.21 to 1345.28 of 631
the Revised Code: 632
(A) "Home solicitation sale" means a sale of consumer 634
goods or services in which the seller or a person acting for him 635
THE SELLER engages in a personal solicitation of the sale at a 636
residence of the buyer, including solicitations in response to or 638
following an invitation by the buyer, and the buyer's agreement 639
or offer to purchase is there given to the seller or a person 640
acting for him THE SELLER, or in which the buyer's agreement or 642
offer to purchase is made at a place other than the seller's 643
place of business. It does not include a transaction or 644
transactions in which:
(1) The total purchase price to be paid by the buyer, 646
whether under single or multiple contracts, is less than 647
twenty-five dollars; 648
(2) The transaction was conducted and consummated entirely 650
by mail or by telephone if initiated by the buyer, and without 651
any other contact between the seller or his THE SELLER'S 652
representative prior to the delivery of goods or performance of 654
the service;
(3) The final agreement is made pursuant to prior 656
negotiations in the course of a visit by the buyer to a retail 657
business establishment having a fixed permanent location where 658
the goods are exhibited or the services are offered for sale on a 659
continuing basis; 660
(4) The buyer initiates the contact between the parties 662
for the purpose of negotiating a purchase and the seller has a 663
business establishment at a fixed location in this state where 664
the goods or services involved in the transaction are regularly 665
16
offered or exhibited for sale;. 666
Advertisements by such a seller in newspapers, magazines, 668
catalogues, radio, or television do not constitute the seller 669
initiation of the contact. 670
(5) The buyer initiates the contact between the parties, 672
the goods or services are needed to meet a bona fide immediate 673
personal emergency of the buyer which will jeopardize the 674
welfare, health, or safety of natural persons, or endanger 675
property which the buyer owns or for which he THE BUYER is 676
responsible, and the buyer furnishes the seller with a separate, 678
dated, and signed statement in the buyer's handwriting describing 679
the situation requiring immediate remedy and expressly 680
acknowledging and waiving the right to cancel the sale within 681
three business days;
(6) The buyer has initiated the contact between the 683
parties and specifically requested the seller to visit his THE 684
BUYER'S home for the purpose of repairing or performing 686
maintenance upon the buyer's personal property. If, in the 687
course of such a visit, the seller sells the buyer additional 688
services or goods other than replacement parts necessarily used 689
in performing the maintenance or in making the repairs, the sale 690
of those additional goods or services does not fall within this 691
exclusion.
(7) The buyer is accorded the right of rescission by the 693
"Consumer Credit Protection Act," (1968) 82 Stat. 152, 15 U.S.C. 694
1635, or regulations adopted pursuant to it. 695
(B) "Sale" includes a lease or rental. 697
(C) "Seller" includes a lessor or any one ANYONE offering 699
goods for rent. 700
(D) "Buyer" includes a lessee or anyone who gives a 702
consideration for the privilege of using goods. 703
(E) "Consumer goods or services" means goods or services 705
purchased, leased, or rented primarily for personal, family, or 706
household purposes, including courses or instruction or training 707
17
regardless of the purpose for which they are taken. 708
(F) "Consumer goods or services" do DOES not include goods 710
or services pertaining to any of the following: 711
(1) Sales or rentals of real property by a real estate 713
broker or salesman, other than limited real estate brokers or 715
salesmen SALESPERSON, or by a foreign real estate dealer or 716
salesman SALESPERSON, who is licensed by the Ohio real estate 718
commission under Chapter 4735. of the Revised Code; 719
(2) The sale of securities or commodities by a 721
broker-dealer registered with the securities and exchange 722
commission; 723
(3) The sale of securities or commodities by a securities 725
dealer or salesman SALESPERSON licensed by the division of 726
securities under Chapter 1707. of the Revised Code; 728
(4) The sale of insurance by a person licensed by the 730
superintendent of insurance; 731
(5) Goods sold or services provided by automobile dealers 733
and salesmen SALESPERSONS licensed by the registrar of motor 734
vehicles under Chapter 4517. of the Revised Code; 736
(6) The sale of property at an auction by an auctioneer 738
licensed by the department of commerce under Chapter 4707. of the 739
Revised Code. 740
(G) "Purchase price" means the total cumulative price of 742
the consumer goods or services, including all interest and 743
service charges. 744
(H) "Place of business" means the main office, or a 746
permanent branch office or permanent local address of a seller. 747
(I) "Business day" means any calendar day except Sunday, 749
or the following business holidays: New Year's day, Washington's 750
birthday, Memorial day, Independence day, Labor day, Columbus 751
day, Veteran's day, Thanksgiving day, and Christmas day. 752
Sec. 1721.01. A company or association incorporated for 761
cemetery purposes may appropriate or otherwise acquire, and may 762
hold, not more than six hundred forty acres of land AT ANY ONE 763
18
LOCATION, which shall be exempt from execution, from being 765
appropriated for any public purpose, except as otherwise provided 766
in this section, and from taxation, if held exclusively for 767
cemetery or burial purposes, and with no view to profit. A 768
COMPANY OR ASSOCIATION OF THAT NATURE MAY OWN LAND AT MULTIPLE 770
LOCATIONS, AND AS MANY AS SIX HUNDRED FORTY ACRES OWNED AT EACH 772
LOCATION IN ACCORDANCE WITH THIS SECTION ARE ENTITLED TO THE 773
EXEMPTIONS SPECIFIED IN THIS SECTION.
Lands of cemetery associations not containing graves or not 775
containing graves that are in use as such on the date a written 776
notice, as provided in this section, is served upon the officers 777
of a cemetery, shall be subject to appropriation for highway or 778
street purposes if an appropriation commences within four years 779
of the serving of the notice. For such purposes said lands shall 780
be subject to the exercise of the right of eminent domain by the 781
municipal corporation in which such lands are located, by the 782
board of county commissioners of the county in which such lands 783
are located, or by the director of transportation under the same 784
conditions and in the same manner as any private property; and, 785
if any burial occurs within the area specifically designated in 786
the written notice, the appropriating agency shall have the same 787
powers with respect to such burial as are given to a board of 788
township trustees by section 517.21 of the Revised Code and shall 789
pay any costs resulting from the exercise of these powers. This 790
section shall not be construed as authorizing an appropriating 791
agency to exercise the powers specified by section 517.21 of the 792
Revised Code in any part of a cemetery other than the area 793
specifically designated in the written notice. 794
The appropriating agency shall serve upon the officers or 796
agents having control of a cemetery a written notice that a 797
specifically designated area of the cemetery may be needed for 798
highway purposes. No such notice may be served more than once. 799
Such appropriation proceedings shall be made in the manner 801
provided for in sections 163.01 to 163.22 of the Revised Code or, 802
19
if by the director of transportation, as otherwise provided by 803
law. 804
The board of trustees of such company or association, 806
whenever in its opinion any portion of such lands is unsuitable 807
for burial purposes, may sell and convey by deed in fee simple, 808
in such manner, and upon such terms, as are provided by 809
resolution of such board, any such portion of said lands, and 810
apply the proceeds thereof to the general purposes of the company 811
or association; but on such sale being made, the lands so sold 812
shall be returned by the board to the auditor of the proper 813
county and placed by him THAT AUDITOR upon the grand duplicate 814
for taxation. 815
Such company or association may also take, set aside, or 817
hold any personal property received by it from any source for 818
cemetery purposes; and if such company or association is 819
incorporated not for profit, all personal property, including the 820
income therefrom, owned or held by it, or for its use, for 821
cemetery purposes and with no view to profit, shall be exempt 822
from execution, from being appropriated for any public purpose, 823
and from taxation, and no tax shall be assessed upon any personal 824
property or the income therefrom expressly exempted under this 825
section. 826
All exemptions from taxation provided for in this section 828
shall be in addition to such other exemptions from taxation as a 829
company or association incorporated for cemetery purposes, or its 830
real or personal property, has under any other provisions of the 831
Revised Code. 832
Sec. 1721.06. After paying for its land, a cemetery 841
company or association shall apply all its receipts and income, 842
whether from sale of lots, from donations, or otherwise, 843
exclusively to laying out, preserving, protecting, and 844
embellishing the cemetery and avenues within it or leading to it,
to the erection of buildings necessary OR APPROPRIATE for 845
cemetery purposes, and to paying the necessary expenses of the 847
20
cemetery company or association. No debts shall be incurred by 848
such THE CEMETERY company or association except for purchasing, 849
laying out, inclosing, and embellishing the ground, buildings 850
necessary OR APPROPRIATE for cemetery purposes, and avenues, for 852
which purposes it may contract debts to be paid out of future 853
receipts. FOR PURPOSES OF THIS SECTION, BUILDINGS APPROPRIATE
FOR CEMETERY PURPOSES INCLUDE, BUT ARE NOT LIMITED TO, BUILDINGS 855
FOR CREMATORY FACILITIES, FUNERAL HOMES, AND OTHER BUILDINGS 856
INTENDED TO PRODUCE INCOME FOR THE CEMETERY COMPANY OR 857
ASSOCIATION. 858
No part of the funds of a cemetery company or association, 860
or of the proceeds of land sold by it, shall ever be divided 861
among its stockholders or lot owners, and all its funds must 862
SHALL be used exclusively for the purposes of the company or 863
association as specified in this section, or invested in a fund 864
the income of which shall be so used and appropriated.
Sec. 1721.21. (A) As used in this section: 873
(1) "Person" means any corporation, company, partnership, 875
individual, or other entity owning or operating a cemetery for 876
the disposition of human remains. 877
(2) "Cemetery" means any one or a combination of more than 879
one of the following: 880
(a) A burial ground for earth interments; 882
(b) A mausoleum for crypt entombments; 884
(c) A columbarium for the deposit of cremated remains; 886
(d) A SCATTERING GROUND FOR THE SPREADING OF CREMATED 888
REMAINS. 889
(3) "Interment" means the disposition of human remains by 891
earth burial, entombment, or inurnment. 892
(4) "Burial right" means the right of earth interment. 894
(5) "Entombment right" means the right of entombment in a 896
mausoleum. 897
(6) "Columbarium right" means the right of inurnment in a 899
columbarium for cremated remains. 900
21
(B) No person shall operate or continue to operate any 902
cemetery in Ohio unless an endowment care fund is established and 903
maintained as required by this section. 904
(C) Any person desiring to operate any cemetery that is 907
organized or developed after July 1, 1970, before offering to
sell or selling any burial lot, burial right, entombment right, 908
or columbarium right in that cemetery, shall first establish an 910
endowment care fund, segregated from other assets, and place in 912
that fund a minimum of fifty thousand dollars in cash or in bonds 913
of the United States, this state, or any county or municipal 914
corporation of this state. 915
Whenever any person described in this division has placed 917
another fifty thousand dollars in the endowment care fund out of 919
gross sales proceeds, in addition to the deposit required by this 920
division, that person, after submitting proof of this fact to its 922
trustee, may withdraw the sum of fifty thousand dollars from the 923
endowment care fund.
(D) Any person desiring to operate or to continue to 925
operate any cemetery after July 1, 1970, shall place into the 926
endowment care fund as required by this section not less than ten 927
per cent of the gross sales proceeds received from the sale of 928
any burial lot, burial right, entombment right, or columbarium 929
right. This percentage shall be placed in the endowment care 930
fund no later than thirty SIXTY days following the month in which 932
the entire gross sales are received, except that in the event 933
that a cemetery receives installment payments from any purchaser 934
of a burial lot, burial right, entombment right, or columbarium 935
right, during any six-month period, which would require a deposit 936
of one thousand dollars or more under this section had the full 937
purchase price been paid, then the cemetery shall forthwith place 938
the amount required under this section in its limited real estate 939
broker's escrow fund. Upon receipt of the final installment 940
payment, the cemetery shall transfer the total amount required 941
under this section to the endowment care fund no later than 942
22
thirty days following the month in which the final payment is 943
received. 944
(E) The custodians of the endowment care fund shall 946
consist of at least three individuals who have been residents of 947
the county in which the cemetery is located for at least one 948
year, or a bank located in the state. 949
The funds of the endowment care trust shall be held and 951
invested in the manner in which trust funds are permitted to be 952
held and invested pursuant to sections 2109.37 and 2109.371 of 953
the Revised Code. 954
The income from the endowment care fund shall be used only 956
for the maintenance, supervision, improvement, and preservation 957
of the grounds, lots, buildings, equipment, statuary, and other 958
real and personal property of the cemetery. 959
Annual reports of all the assets and investments of the 961
endowment care fund shall be prepared and maintained and shall be 963
available for inspection at reasonable times by any owner of
interment rights in the cemetery. 964
(F) Any person offering to sell or selling any burial lot, 966
burial right, entombment right, or columbarium right shall give 967
to the purchaser of the lot or right, at the time of sale, a 968
written agreement that identifies and unconditionally guarantees 970
to the purchaser the specific location of the lot or the specific
location to which the right applies. 971
(G) No person shall open or close any grave, crypt, or 974
niche for the interment of human remains in a cemetery without 975
the permission of the cemetery association or other entity having 976
control and management of the cemetery.
(H) Except as provided in division (G) of this section, 979
this section does not apply to any cemetery that is owned and 980
operated entirely and exclusively by churches, religious 981
societies, established fraternal organizations, municipal 982
corporations, or other political subdivisions of the state or to
a national cemetery. 983
23
(I) THE DIVIDEND AND INTEREST INCOME FROM THE ENDOWMENT 986
CARE FUND SHALL BE USED ONLY FOR THE MAINTENANCE, SUPERVISION, 987
IMPROVEMENT, AND PRESERVATION OF THE GROUNDS, LOTS, BUILDINGS, 988
EQUIPMENT, STATUARY, AND OTHER REAL AND PERSONAL PROPERTY OF THE 989
CEMETERY.
(J)(1) ANNUAL REPORTS OF ALL THE ASSETS AND INVESTMENTS OF 992
THE ENDOWMENT CARE FUND SHALL BE PREPARED AND MAINTAINED, AND 993
SHALL BE AVAILABLE FOR INSPECTION AT REASONABLE TIMES BY ANY 994
OWNER OF INTERMENT RIGHTS IN THE CEMETERY. 995
(2) EVERY CEMETERY REQUIRED TO ESTABLISH AND MAINTAIN AN 998
ENDOWMENT CARE FUND SHALL FILE AN AFFIDAVIT ANNUALLY WITH THE
DIVISION OF REAL ESTATE OF THE DEPARTMENT OF COMMERCE, IN A FORM 1,000
PRESCRIBED BY THE DIVISION, CERTIFYING UNDER OATH EACH OF THE
FOLLOWING: 1,001
(a) THAT THE CEMETERY HAS DEPOSITED, AT THE TIME SPECIFIED 1,004
IN DIVISION (D) OF THIS SECTION, THE AMOUNTS REQUIRED BY THAT 1,006
DIVISION IN THE CEMETERY'S ENDOWMENT CARE FUND; 1,007
(b) THAT ONLY DIVIDEND AND INTEREST INCOME HAVE BEEN 1,010
WITHDRAWN FROM THE ENDOWMENT CARE FUND, AND THE CEMETERY USED THE 1,011
AMOUNTS WITHDRAWN ONLY FOR THE PURPOSES SPECIFIED IN DIVISION (I) 1,012
OF THIS SECTION; 1,013
(c) THAT ALL PRINCIPAL AND CAPITAL GAINS HAVE REMAINED IN 1,016
THE ENDOWMENT CARE FUND;
(d) THAT THE ENDOWMENT CARE FUND HAS NOT BEEN USED TO 1,019
COLLATERALIZE OR GUARANTEE LOANS AND HAS NOT OTHERWISE BEEN 1,020
SUBJECTED TO ANY CONSENSUAL LIEN;
(e) THAT THE ENDOWMENT CARE FUND IS INVESTED IN COMPLIANCE 1,023
WITH THE INVESTING STANDARDS SET FORTH IN SECTIONS 2109.37 AND 1,024
2109.371 OF THE REVISED CODE. 1,025
Sec. 1721.211. (A) As used in this section, "preneed 1,034
burial vault: 1,035
(1) "PRENEED CEMETERY MERCHANDISE AND SERVICES contract" 1,037
means a written agreement, contract, or series of contracts to 1,039
sell or otherwise provide a burial vault, MONUMENT, MARKER, OTHER 1,040
24
TYPE OF MERCHANDISE CUSTOMARILY SOLD BY CEMETERIES, OR OPENING 1,042
AND CLOSING SERVICES to be used OR PROVIDED in connection with 1,043
the final disposition of a dead human body, where payment for the 1,045
vault, MONUMENT, MARKER, OTHER TYPE OF MERCHANDISE CUSTOMARILY 1,046
SOLD BY CEMETERIES, OR OPENING AND CLOSING SERVICES is made 1,048
either outright or on an installment basis, prior to the death of 1,050
the person so purchasing it or for whom it is SO purchased. 1,051
"Preneed burial vault CEMETERY MERCHANDISE AND SERVICES contract" 1,053
does not include any preneed funeral contract, OR any agreement, 1,054
contract, or series of contracts pertaining to the sale of any 1,055
burial lot, burial or interment right, entombment right, or 1,056
columbarium right with respect to which an endowment care fund is 1,057
established or is exempt from establishment pursuant to section 1,058
1721.21 of the Revised Code, or any agreement, contract, or 1,059
series of contracts pertaining to the sale of cemetery interment 1,060
rights made by a person licensed as a limited real estate broker 1,061
or limited real estate salesman pursuant to section 4735.091 of 1,062
the Revised Code.
As used in this section, "financial 1,064
(2) "FINANCIAL institution" means a bank in this state 1,067
insured by the federal deposit insurance corporation, or a 1,068
savings and loan association in this state insured by the federal 1,069
deposit insurance corporation, or a credit union authorized to do 1,071
business in this state.
(B) Subject to the limitations and restrictions contained 1,073
in Chapters 1101. to 1127. of the Revised Code, a financial 1,075
institution has OR THE INDIVIDUALS DESCRIBED IN DIVISION (C)(2) 1,077
OF THIS SECTION HAVE the power AS CUSTODIAN to receive and TO 1,078
hold on deposit AND INVEST IN ACCORDANCE WITH SECTIONS 2109.37 1,079
AND 2109.371 OF THE REVISED CODE moneys under a preneed burial 1,080
vault CEMETERY MERCHANDISE AND SERVICES contract. 1,081
(C) Sixty per cent of all payments for burial vaults made 1,083
under a preneed burial vault (1) ONE HUNDRED TEN PER CENT OF THE 1,085
SELLER'S ACTUAL COST OF THE MERCHANDISE AND SEVENTY PER CENT OF 1,086
25
THE SELLER'S RETAIL PRICE OF THE SERVICES TO BE PROVIDED UNDER A 1,087
PRENEED CEMETERY MERCHANDISE AND SERVICES contract shall remain 1,089
intact as a fund until the death of the person for whose benefit 1,090
the agreement CONTRACT is made or the burial vaults are 1,091
MERCHANDISE IS delivered as set forth in division (K) of this 1,094
section. However, any deposit made MONEYS HELD pursuant to this 1,096
section shall be released upon demand of the person for whose 1,097
benefit such deposit THE CONTRACT was made or upon the demand of 1,099
the seller for its share of the deposited funds MONEYS HELD and 1,100
earned interest if the contract has been canceled as set forth in 1,101
division (G) of this section. 1,102
(2) THE CUSTODIAN OF THE FUND DESCRIBED IN DIVISION (C)(1) 1,105
OF THIS SECTION SHALL BE A FINANCIAL INSTITUTION OR AT LEAST
THREE INDIVIDUALS WHO HAVE BEEN RESIDENTS OF THE COUNTY IN WHICH 1,106
THE SELLER IS LOCATED FOR AT LEAST ONE YEAR. AMOUNTS IN THE FUND 1,107
SHALL BE HELD AND INVESTED IN THE MANNER IN WHICH TRUST FUNDS ARE 1,108
PERMITTED TO BE HELD AND INVESTED PURSUANT TO SECTIONS 2109.37 1,109
AND 2109.371 OF THE REVISED CODE. 1,110
(D) Within thirty SIXTY days of AFTER the last business 1,113
day of the month in which the seller of burial vaults CEMETERY 1,114
MERCHANDISE OR SERVICES receives final contractual payment under 1,116
a preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,117
contract, the seller shall deposit the funds ONE HUNDRED TEN PER 1,119
CENT OF THE SELLER'S ACTUAL COST OF THE MERCHANDISE AND SEVENTY 1,120
PER CENT OF THE SELLER'S CURRENT RETAIL PRICE OF THE SERVICES AS 1,121
OF THE TIME THE FINAL CONTRACTUAL PAYMENT IS RECEIVED in a 1,123
financial institution OR WITH THE INDIVIDUALS DESCRIBED IN
DIVISION (C)(2) OF THIS SECTION AS CUSTODIAN, and the funds 1,125
MONEYS and accruals or income thereon ON THE MONEYS shall be held 1,126
in an account A FUND AND DESIGNATED for the person for whose 1,128
benefit the fund was established as a preneed burial vault 1,131
CEMETERY MERCHANDISE AND SERVICES contract account FUND. 1,132
(E) The funds MONEYS to be deposited from more than one 1,134
preneed burial vault CEMETERY MERCHANDISE AND SERVICES contract 1,135
26
may, at the option of the persons for whose benefit the deposits 1,137
are made, be placed in a common or pooled trust fund in this 1,138
state under a single trust instrument or in a joint account FUND 1,139
provided that, if the funds are placed in a common or pooled 1,142
trust fund, a financial institution, if designated as trustee, 1,143
shall have previously qualified for and received trust powers 1,144
from the comptroller of the currency or the superintendent of 1,145
financial institutions if the trustee is a bank, or from the 1,146
federal home loan bank board or the superintendent of financial 1,147
institutions if the trustee is a savings and loan association. 1,149
If a person or entity other than a financial institution is 1,150
designated as trustee, the person or entity shall be bonded by a 1,151
corporate surety bond in an amount not less than one hundred per 1,152
cent of the funds held by the trustee. The trustee or its agent 1,153
shall, on a continuous basis, keep exact records as to the amount 1,154
of funds under any joint account or trust instrument being held 1,155
for the individual beneficiaries showing the amount paid, the 1,156
amount deposited and invested, and accruals and income. 1,157
(F) The seller or provider of burial vaults MERCHANDISE OR 1,159
SERVICES under a preneed burial vault CEMETERY MERCHANDISE AND 1,161
SERVICES contract shall annually submit to the Ohio real estate 1,163
commission such reports as the commission requires DIVISION OF 1,164
REAL ESTATE OF THE DEPARTMENT OF COMMERCE AN AFFIDAVIT IN A FORM 1,165
PRESCRIBED BY THE DIVISION, SWORN UNDER OATH, SPECIFYING EACH OF 1,166
THE FOLLOWING:
(1) THAT WITHIN THE TIME SPECIFIED IN DIVISION (D) OF THIS 1,169
SECTION, THE AMOUNTS REQUIRED BY THAT DIVISION WERE DEPOSITED IN 1,170
AN APPROPRIATE FUND; 1,171
(2) THAT THE FUND HAS NOT BEEN USED TO COLLATERALIZE OR 1,174
GUARANTEE LOANS AND HAS NOT OTHERWISE BEEN SUBJECTED TO ANY
CONSENSUAL LIEN; 1,175
(3) THAT THE FUND IS INVESTED IN COMPLIANCE WITH THE 1,177
INVESTING STANDARDS SET FORTH IN SECTIONS 2109.37 AND 2109.371 OF 1,179
THE REVISED CODE;
27
(4) THAT NO MONEYS HAVE BEEN REMOVED FROM THE FUND, EXCEPT 1,182
AS PROVIDED FOR IN THIS SECTION.
(G) Any THIS DIVISION IS SUBJECT TO DIVISION (I) OF THIS 1,184
SECTION. 1,185
ANY person upon initially entering into a preneed burial 1,188
vault CEMETERY MERCHANDISE AND SERVICES contract may, within 1,189
seven days, cancel the contract and request and receive from the 1,190
seller one hundred per cent of all payments made under the 1,191
contract. After the expiration of the above period, any person 1,192
who has entered into a preneed burial vault CEMETERY MERCHANDISE 1,193
AND SERVICES contract may, on not less than fifteen days' notice, 1,194
cancel the contract and request and receive from the seller sixty 1,195
per cent of the payments made under the contract which have been 1,196
deposited in a fund pursuant to divisions (C) and (D) of this 1,197
section PAID up to the time of cancellation; except that, if a 1,199
preneed burial vault CEMETERY MERCHANDISE AND SERVICES contract 1,201
stipulates a firm or fixed or guaranteed price for the burial 1,203
vault MERCHANDISE OR SERVICES for future use at a time determined 1,204
by the death of the person on behalf of whom payments are made, 1,205
the person who has entered into the contract may, if the burial 1,206
vault MERCHANDISE has not been delivered OR THE SERVICES HAVE NOT 1,208
BEEN PERFORMED as set forth in division (K) OR (L) of this 1,209
section, on not less than fifteen days' notice, cancel the 1,210
contract and receive from the seller sixty per cent of the 1,211
principal paid pursuant to division (C) of this section THE 1,212
CONTRACT and not less than eighty per cent of any interest paid, 1,214
up to the time of cancellation, and not less than eighty per cent 1,215
of any accrual or income earned while the funds MONEYS have 1,216
remained on deposit BEEN HELD pursuant to divisions (C) and (D) 1,218
of this section, up to the time of cancellation. Upon 1,219
cancellation, after the funds MONEYS have been distributed to the 1,221
beneficiary pursuant to this division, all funds remaining on 1,222
deposit MONEYS BEING HELD pursuant to divisions (C) and (D) of 1,223
this section shall be paid to the seller. If more than one 1,224
28
person enters into the contract, all of those persons must 1,225
request cancellation for it to be effective under this division. 1,226
In such a case, the seller shall refund to each person only those 1,227
funds MONEYS that each person has paid under the contract. 1,228
(H) Upon receipt of a certified copy of the certificate of 1,230
death or evidence of delivery of the burial vaults MERCHANDISE OR 1,231
PERFORMANCE OF THE SERVICES pursuant to division (K) OR (L) of 1,233
this section, the financial institution CUSTODIAN DESCRIBED IN 1,234
DIVISION (C)(2) OF THIS SECTION or its agent, shall forthwith pay 1,236
the funds FUND and accumulated interest, if any, to the person 1,238
entitled thereto TO THEM under the preneed burial vault CEMETERY 1,239
MERCHANDISE AND SERVICES contract. The payment of such funds THE 1,240
FUND and accumulated interest pursuant to this section, either to 1,241
a provider SELLER or person making the payments, shall relieve 1,243
the financial institution CUSTODIAN of any further liability on 1,245
such funds THE FUND or accumulated interest. 1,246
(I) No preneed burial vault contract shall restrict any 1,248
contract buyer from making his contract irrevocable 1,249
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, ANY PRENEED 1,251
CEMETERY MERCHANDISE AND SERVICES CONTRACT MAY SPECIFY THAT IT IS 1,252
IRREVOCABLE. IF A CONTRACT SO SPECIFIES, DIVISION (G) OF THIS 1,253
SECTION DOES NOT APPLY TO THAT CONTRACT. 1,254
(J) Any preneed burial vault CEMETERY MERCHANDISE AND 1,256
SERVICES contract that involves the payment of money must SHALL 1,258
be in writing and in compliance with the laws and rules of this 1,260
state.
(K) For purposes of this section, the seller is deemed 1,262
CONSIDERED to have delivered burial vaults MERCHANDISE pursuant 1,264
to a preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,265
contract when EITHER OF THE FOLLOWING OCCUR: 1,266
(1) The seller makes actual delivery of the vault 1,268
MERCHANDISE to the beneficiary OR THE SELLER PAYS FOR THE 1,270
MERCHANDISE AND IDENTIFIES IT AS BEING STORED FOR THE BENEFIT OF 1,271
THE BENEFICIARY AT A MANUFACTURER'S WAREHOUSE; or 1,272
29
(2)(a) The seller receives delivery of the vault 1,274
MERCHANDISE on behalf of the beneficiary; and ALL OF THE 1,277
FOLLOWING OCCUR:
(b)(a) The vault MERCHANDISE is permanently affixed to or 1,280
stored upon the real property of a cemetery located in this 1,282
state; and.
(c)(b) The seller notifies the beneficiary of receipt of 1,284
the vault MERCHANDISE and identifies the specific location of the 1,285
vault MERCHANDISE; and. 1,286
(d)(c) The seller at the time of the beneficiary's final 1,288
payment, provides the beneficiary with evidence of ownership in 1,289
the beneficiary's name showing the burial vaults MERCHANDISE to 1,290
be free and clear of any liens or other encumbrances. 1,292
(L) FOR PURPOSES OF THIS SECTION, A SELLER IS CONSIDERED 1,294
TO HAVE PERFORMED SERVICES PURSUANT TO A PRENEED CEMETERY 1,295
MERCHANDISE AND SERVICES CONTRACT WHEN THE BENEFICIARY'S NEXT OF 1,296
KIN SIGNS A WRITTEN STATEMENT THAT THE SERVICES HAVE BEEN 1,297
PERFORMED OR, IF NO NEXT OF KIN OF THE BENEFICIARY CAN BE LOCATED 1,298
THROUGH REASONABLE DILIGENCE, WHEN THE OWNER OR OTHER PERSON 1,299
RESPONSIBLE FOR THE OPERATION OF THE CEMETERY SIGNS A STATEMENT 1,300
OF THAT NATURE.
(M) Notwithstanding any other provision of this chapter, 1,302
any trust may be charged a trustee's fee, which is to be deducted 1,303
from the earned income or accruals on that trust. The fee shall 1,304
not exceed the amount which THAT is regularly or usually charged 1,305
for similar services rendered by the financial institution 1,307
CUSTODIAN DESCRIBED IN DIVISION (C)(2) OF THIS SECTION when 1,308
serving as a trustee. 1,309
(M)(N) The general assembly intends that this section be 1,311
construed as a limitation upon the manner in which a person is 1,312
permitted to accept funds MONEYS in prepayment for burial vaults 1,314
MERCHANDISE AND SERVICES to be delivered OR PROVIDED in the 1,316
future, or burial vaults MERCHANDISE AND SERVICES to be used OR 1,317
PROVIDED in connection with the final disposition of human 1,318
30
remains, to the end that at all times members of the public may 1,319
have an opportunity to arrange and pay for burial vaults 1,320
MERCHANDISE AND SERVICES for themselves and their families in 1,322
advance of need while at the same time providing all possible 1,323
safeguards whereunder the prepaid funds MONEYS cannot be 1,325
dissipated, whether intentionally or not, so as to be available 1,326
for the payment of burial vaults FOR MERCHANDISE AND SERVICES and 1,327
the providing of burial vaults MERCHANDISE AND SERVICES used OR 1,328
PROVIDED in connection with the final disposition of dead human 1,330
bodies.
(N)(O) This section does not apply when the seller or 1,332
provider of burial vaults MERCHANDISE OR SERVICES under a preneed 1,334
burial vault CEMETERY MERCHANDISE AND SERVICES contract is an 1,335
established and legally cognizable church or denomination that is 1,336
exempt from federal income taxation under section 501(c)(3) of 1,337
the "Internal Revenue Code of 1954," 26 U.S.C.A. 501, and the 1,338
preneed burial vault CEMETERY MERCHANDISE AND SERVICES contract 1,339
pertains to a cemetery which THAT is owned and operated entirely 1,340
and exclusively by the church or denomination; provided that the 1,341
church or denomination adopts, on a voluntary basis, rules and 1,342
other measures to safeguard and secure all funds MONEYS received 1,343
under a preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,345
contract.
Sec. 1733.51. A credit union may, subject to sections 1,354
1111.19 and 1721.211 of the Revised Code, receive and hold on 1,356
deposit moneys under a preneed funeral contract or preneed burial 1,357
CEMETERY MERCHANDISE AND SERVICES contract. 1,358
Sec. 2117.25. Every executor or administrator shall 1,367
proceed with diligence to pay the debts of the decedent, and 1,368
shall apply the assets in the following order: 1,369
(A) Costs and expenses of administration; 1,371
(B) Except as provided in section 2117.251 of the Revised 1,373
Code, an AN amount, not exceeding two thousand dollars, for 1,374
funeral and burial expenses that are included in the bill of a 1,375
31
funeral director, and funeral expenses other than those in the 1,376
bill of a funeral director that are approved by the probate 1,377
court;, AND AN AMOUNT, NOT EXCEEDING TWO THOUSAND DOLLARS, FOR 1,379
BURIAL AND CEMETERY EXPENSES, LESS THAT PORTION OF THE FUNERAL 1,380
DIRECTOR'S BILL ALLOCATED TO CEMETERY EXPENSES THAT HAVE BEEN 1,381
PAID TO THE CEMETERY BY THE FUNERAL DIRECTOR. 1,382
FOR PURPOSES OF THIS DIVISION, BURIAL AND CEMETERY EXPENSES 1,385
SHALL BE LIMITED TO THE FOLLOWING:
(1) THE PURCHASE OF A PLACE OF INTERMENT; 1,387
(2) MONUMENTS OR OTHER MARKERS; 1,389
(3) THE VAULT; 1,391
(4) THE COST OF OPENING AND CLOSING THE PLACE OF 1,393
INTERMENT. 1,394
(C) The allowance for support made to the surviving 1,396
spouse, minor children, or both under section 2106.13 of the 1,397
Revised Code; 1,398
(D) Debts entitled to a preference under the laws of the 1,400
United States; 1,401
(E) Expenses of the last sickness of the decedent; 1,403
(F) Except as provided in section 2117.251 of the Revised 1,405
Code, if IF the total bill of a funeral director for funeral and 1,406
burial expenses exceeds two thousand dollars, then, in addition 1,407
to the amount described in division (B) of this section, an 1,408
amount, not exceeding one thousand dollars, for funeral and 1,409
burial expenses that are included in the bill and that exceed two 1,410
thousand dollars; 1,411
(G) Personal property taxes and obligations for which the 1,413
decedent was personally liable to the state or any of its 1,414
subdivisions; 1,415
(H) Debts for manual labor performed for the decedent 1,417
within twelve months preceding the decedent's death, not 1,418
exceeding three hundred dollars to any one person; 1,419
(I) Except as provided in section 2117.251 of the Revised 1,421
Code, other OTHER debts for which claims have been presented and 1,422
32
finally allowed. 1,423
The part of the bill of a funeral director that exceeds the 1,425
total of three thousand dollars as described in divisions (B) and 1,426
(F) of this section, and the part of a claim included in division 1,427
(H) of this section that exceeds three hundred dollars shall be 1,428
included as a debt under division (I) or (J) of this section, 1,429
depending upon the time when the claim for the additional amount 1,430
is presented.
Chapters 2113. to 2125. of the Revised Code, relating to 1,432
the manner in which and the time within which claims shall be 1,433
presented, shall apply to claims set forth in divisions (B), (F), 1,434
and (H) of this section. Claims for an expense of administration 1,435
or for the allowance for support need not be presented. The 1,436
executor or administrator shall pay debts included in divisions 1,437
(D) and (G) of this section, of which he THE EXECUTOR OR 1,438
ADMINISTRATOR has knowledge, regardless of presentation. 1,439
The giving of written notice to an executor or 1,441
administrator of a motion or application to revive an action 1,442
pending against the decedent at the date of death shall be 1,443
equivalent to the presentation of a claim to the executor or 1,444
administrator for the purpose of determining the order of payment 1,445
of any judgment rendered or decree entered in such an action. 1,446
No payments shall be made to creditors of one class until 1,448
all those of the preceding class are fully paid or provided for. 1,449
If the assets are insufficient to pay all the claims of one 1,450
class, the creditors of that class shall be paid ratably. 1,451
If it appears at any time that the assets have been 1,453
exhausted in paying prior or preferred charges, allowances, or 1,454
claims, such payments shall be a bar to an action on any claim 1,455
not entitled to such priority or preference. 1,456
Sec. 2925.01. As used in this chapter: 1,465
(A) "Administer," "controlled substance," "dispense," 1,467
"distribute," "hypodermic," "manufacturer," "official written 1,469
order," "person," "pharmacist," "pharmacy," "sale," "schedule I," 1,471
33
"schedule II," "schedule III," "schedule IV," "schedule V," and 1,472
"wholesaler" have the same meanings as in section 3719.01 of the 1,473
Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the 1,475
same meanings as in section 3719.011 of the Revised Code. 1,476
(C) "Drug," "dangerous drug," "licensed health 1,478
professional authorized to prescribe drugs," and "prescription" 1,480
have the same meanings as in section 4729.01 of the Revised Code. 1,481
(D) "Bulk amount" of a controlled substance means any of 1,483
the following: 1,484
(1) For any compound, mixture, preparation, or substance 1,486
included in schedule I, schedule II, or schedule III, with the 1,488
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this section, 1,490
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or 1,492
twenty-five unit doses of a compound, mixture, preparation, or 1,493
substance that is or contains any amount of a schedule I opiate 1,494
or opium derivative; 1,495
(b) An amount equal to or exceeding ten grams of a 1,498
compound, mixture, preparation, or substance that is or contains 1,499
any amount of raw or gum opium; 1,500
(c) An amount equal to or exceeding thirty grams or ten 1,503
unit doses of a compound, mixture, preparation, or substance that 1,504
is or contains any amount of a schedule I hallucinogen other than 1,505
tetrahydrocannabinol or lysergic acid amide, or a schedule I 1,508
stimulant or depressant; 1,509
(d) An amount equal to or exceeding twenty grams or five 1,512
times the maximum daily dose in the usual dose range specified in 1,513
a standard pharmaceutical reference manual of a compound, 1,514
mixture, preparation, or substance that is or contains any amount 1,515
of a schedule II opiate or opium derivative; 1,516
(e) An amount equal to or exceeding five grams or ten unit 1,518
doses of a compound, mixture, preparation, or substance that is 1,519
34
or contains any amount of phencyclidine; 1,520
(f) An amount equal to or exceeding one hundred twenty 1,522
grams or thirty times the maximum daily dose in the usual dose 1,523
range specified in a standard pharmaceutical reference manual of 1,524
a compound, mixture, preparation, or substance that is or 1,525
contains any amount of a schedule II stimulant that is in a final 1,526
dosage form manufactured by a person authorized by the "Federal 1,527
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 1,529
301, as amended, and the federal drug abuse control laws, as 1,530
defined in section 3719.01 of the Revised Code, that is or
contains any amount of a schedule II depressant substance or a 1,532
schedule II hallucinogenic substance;
(g) An amount equal to or exceeding three grams of a 1,535
compound, mixture, preparation, or substance that is or contains 1,536
any amount of a schedule II stimulant, or any of its salts or 1,537
isomers, that is not in a final dosage form manufactured by a 1,538
person authorized by the Federal Food, Drug, and Cosmetic Act and 1,539
the federal drug abuse control laws. 1,540
(2) An amount equal to or exceeding one hundred twenty 1,543
grams or thirty times the maximum daily dose in the usual dose 1,544
range specified in a standard pharmaceutical reference manual of 1,546
a compound, mixture, preparation, or substance that is or 1,548
contains any amount of a schedule III or IV substance other than 1,550
an anabolic steroid or a schedule III opiate or opium derivative; 1,551
(3) An amount equal to or exceeding twenty grams or five 1,553
times the maximum daily dose in the usual dose range specified in 1,554
a standard pharmaceutical reference manual of a compound, 1,555
mixture, preparation, or substance that is or contains any amount 1,557
of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty 1,559
milliliters or two hundred fifty grams of a compound, mixture, 1,560
preparation, or substance that is or contains any amount of a 1,561
schedule V substance; 1,562
(5) An amount equal to or exceeding two hundred solid 1,565
35
dosage units, sixteen grams, or sixteen milliliters of a 1,566
compound, mixture, preparation, or substance that is or contains 1,567
any amount of a schedule III anabolic steroid. 1,568
(E) "Unit dose" means an amount or unit of a compound, 1,570
mixture, or preparation containing a controlled substance that is 1,571
separately identifiable and in a form that indicates that it is 1,573
the amount or unit by which the controlled substance is 1,574
separately administered to or taken by an individual. 1,575
(F) "Cultivate" includes planting, watering, fertilizing, 1,577
or tilling. 1,578
(G) "Drug abuse offense" means any of the following: 1,580
(1) A violation of division (A) of section 2913.02 that 1,582
constitutes theft of drugs, or a violation of section 2925.02, 1,583
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 1,584
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the 1,586
Revised Code;
(2) A violation of an existing or former law of this or 1,588
any other state or of the United States that is substantially 1,589
equivalent to any section listed in division (G)(1) of this 1,590
section; 1,591
(3) An offense under an existing or former law of this or 1,593
any other state, or of the United States, of which planting, 1,594
cultivating, harvesting, processing, making, manufacturing, 1,595
producing, shipping, transporting, delivering, acquiring, 1,596
possessing, storing, distributing, dispensing, selling, inducing 1,597
another to use, administering to another, using, or otherwise 1,598
dealing with a controlled substance is an element; 1,599
(4) A conspiracy to commit, attempt to commit, or 1,601
complicity in committing or attempting to commit any offense 1,602
under division (G)(1), (2), or (3) of this section. 1,603
(H) "Felony drug abuse offense" means any drug abuse 1,605
offense that would constitute a felony under the laws of this 1,606
state, any other state, or the United States. 1,607
(I) "Harmful intoxicant" does not include beer or 1,609
36
intoxicating liquor but means any compound, mixture, preparation, 1,611
or substance the gas, fumes, or vapor of which when inhaled can 1,612
induce intoxication, excitement, giddiness, irrational behavior, 1,613
depression, stupefaction, paralysis, unconsciousness, 1,614
asphyxiation, or other harmful physiological effects, and 1,615
includes, but is not limited to, any of the following: 1,616
(1) Any volatile organic solvent, plastic cement, model 1,618
cement, fingernail polish remover, lacquer thinner, cleaning 1,619
fluid, gasoline, or other preparation containing a volatile 1,620
organic solvent; 1,621
(2) Any aerosol propellant; 1,623
(3) Any fluorocarbon refrigerant; 1,625
(4) Any anesthetic gas. 1,627
(J) "Manufacture" means to plant, cultivate, harvest, 1,629
process, make, prepare, or otherwise engage in any part of the 1,630
production of a drug, by propagation, extraction, chemical 1,631
synthesis, or compounding, or any combination of the same, and 1,632
includes packaging, repackaging, labeling, and other activities 1,633
incident to production. 1,634
(K) "Possess" or "possession" means having control over a 1,636
thing or substance, but may not be inferred solely from mere 1,637
access to the thing or substance through ownership or occupation 1,638
of the premises upon which the thing or substance is found. 1,639
(L) "Sample drug" means a drug or pharmaceutical 1,641
preparation that would be hazardous to health or safety if used 1,642
without the supervision of a licensed health professional 1,644
authorized to prescribe drugs, or a drug of abuse, and that, at 1,645
one time, had been placed in a container plainly marked as a 1,646
sample by a manufacturer.
(M) "Standard pharmaceutical reference manual" means the 1,648
current edition, with cumulative changes if any, of any of the 1,649
following reference works: 1,650
(1) "The National Formulary"; 1,652
(2) "The United States Pharmacopeia," prepared by 1,654
37
authority of the United States Pharmacopeial Convention, Inc.; 1,655
(3) Other standard references that are approved by the 1,657
state board of pharmacy. 1,658
(N) "Juvenile" means a person under eighteen years of age. 1,660
(O) "Counterfeit controlled substance" means any of the 1,662
following: 1,663
(1) Any drug that bears, or whose container or label 1,665
bears, a trademark, trade name, or other identifying mark used 1,666
without authorization of the owner of rights to that trademark, 1,667
trade name, or identifying mark; 1,668
(2) Any unmarked or unlabeled substance that is 1,670
represented to be a controlled substance manufactured, processed, 1,671
packed, or distributed by a person other than the person that 1,672
manufactured, processed, packed, or distributed it; 1,673
(3) Any substance that is represented to be a controlled 1,675
substance but is not a controlled substance or is a different 1,676
controlled substance; 1,677
(4) Any substance other than a controlled substance that a 1,679
reasonable person would believe to be a controlled substance 1,680
because of its similarity in shape, size, and color, or its 1,681
markings, labeling, packaging, distribution, or the price for 1,682
which it is sold or offered for sale. 1,683
(P) An offense is "committed in the vicinity of a school" 1,685
if the offender commits the offense on school premises, in a 1,686
school building, or within one thousand feet of the boundaries of 1,687
any school premises.
(Q) "School" means any school operated by a board of 1,689
education or any school for which the state board of education 1,690
prescribes minimum standards under section 3301.07 of the Revised 1,691
Code, whether or not any instruction, extracurricular activities, 1,692
or training provided by the school is being conducted at the time 1,693
a criminal offense is committed. 1,694
(R) "School premises" means either of the following: 1,696
(1) The parcel of real property on which any school is 1,698
38
situated, whether or not any instruction, extracurricular 1,699
activities, or training provided by the school is being conducted 1,700
on the premises at the time a criminal offense is committed; 1,701
(2) Any other parcel of real property that is owned or 1,703
leased by a board of education of a school or the governing body 1,704
of a school for which the state board of education prescribes 1,705
minimum standards under section 3301.07 of the Revised Code and 1,706
on which some of the instruction, extracurricular activities, or 1,707
training of the school is conducted, whether or not any 1,708
instruction, extracurricular activities, or training provided by 1,709
the school is being conducted on the parcel of real property at 1,710
the time a criminal offense is committed. 1,711
(S) "School building" means any building in which any of 1,713
the instruction, extracurricular activities, or training provided 1,714
by a school is conducted, whether or not any instruction, 1,715
extracurricular activities, or training provided by the school is 1,716
being conducted in the school building at the time a criminal 1,717
offense is committed. 1,718
(T) "Disciplinary counsel" means the disciplinary counsel 1,720
appointed by the board of commissioners on grievances and 1,721
discipline of the supreme court under the Rules for the 1,722
Government of the Bar of Ohio. 1,723
(U) "Certified grievance committee" means a duly 1,725
constituted and organized committee of the Ohio state bar 1,726
association or of one or more local bar associations of the state 1,727
of Ohio that complies with the criteria set forth in Rule V, 1,728
section 6 of the Rules for the Government of the Bar of Ohio. 1,729
(V) "Professional license" means any license, permit, 1,731
certificate, registration, qualification, admission, temporary 1,732
license, temporary permit, temporary certificate, or temporary 1,733
registration that is described in divisions (W)(1) to (35) of 1,734
this section and that qualifies a person as a professionally 1,735
licensed person. 1,736
(W) "Professionally licensed person" means any of the 1,738
39
following: 1,739
(1) A person who has obtained a license as a manufacturer 1,741
of controlled substances or a wholesaler of controlled substances 1,742
under Chapter 3719. of the Revised Code; 1,743
(2) A person who has received a certificate or temporary 1,745
certificate as a certified public accountant or who has 1,746
registered as a public accountant under Chapter 4701. of the 1,747
Revised Code and who holds a live permit issued under that 1,748
chapter; 1,749
(3) A person who holds a certificate of qualification to 1,751
practice architecture issued or renewed and registered under 1,752
Chapter 4703. of the Revised Code; 1,753
(4) A person who is registered as a landscape architect 1,755
under Chapter 4703. of the Revised Code or who holds a permit as 1,756
a landscape architect issued under that chapter; 1,757
(5) A person licensed as an auctioneer or apprentice 1,759
auctioneer or licensed to operate an auction company under 1,760
Chapter 4707. of the Revised Code; 1,761
(6) A person who has been issued a certificate of 1,763
registration as a registered barber under Chapter 4709. of the 1,764
Revised Code; 1,765
(7) A person licensed and regulated to engage in the 1,767
business of a debt pooling company by a legislative authority, 1,768
under authority of Chapter 4710. of the Revised Code; 1,769
(8) A person who has been issued a cosmetologist's 1,771
license, manicurist's license, esthetician's license, managing 1,772
cosmetologist's license, managing manicurist's license, managing 1,773
esthetician's license, cosmetology instructor's license, 1,774
manicurist instructor's license, esthetician instructor's 1,775
license, or tanning facility permit under Chapter 4713. of the 1,776
Revised Code; 1,777
(9) A person who has been issued a license to practice 1,779
dentistry, a general anesthesia permit, a conscious intravenous 1,780
sedation permit, a limited resident's license, a limited teaching 1,781
40
license, a dental hygienist's license, or a dental hygienist's 1,782
teacher's certificate under Chapter 4715. of the Revised Code; 1,783
(10) A person who has been issued an embalmer's license, a 1,785
funeral director's license, a funeral home license, or a 1,786
crematory license, or who has been registered for an embalmer's 1,787
or funeral director's apprenticeship under Chapter 4717. of the 1,788
Revised Code;
(11) A person who has been licensed as a registered nurse 1,790
or practical nurse, or who has been issued a certificate for the 1,791
practice of nurse-midwifery under Chapter 4723. of the Revised 1,792
Code; 1,793
(12) A person who has been licensed to practice optometry 1,795
or to engage in optical dispensing under Chapter 4725. of the 1,796
Revised Code; 1,797
(13) A person licensed to act as a pawnbroker under 1,799
Chapter 4727. of the Revised Code; 1,800
(14) A person licensed to act as a precious metals dealer 1,802
under Chapter 4728. of the Revised Code; 1,803
(15) A person licensed as a pharmacist, a pharmacy intern, 1,806
a wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised 1,807
Code; 1,808
(16) A person who is authorized to practice as a physician 1,810
assistant under Chapter 4730. of the Revised Code; 1,811
(17) A person who has been issued a certificate to 1,813
practice medicine and surgery, osteopathic medicine and surgery, 1,814
a limited branch of medicine or surgery, or podiatry under 1,815
Chapter 4731. of the Revised Code; 1,816
(18) A person licensed as a psychologist or school 1,818
psychologist under Chapter 4732. of the Revised Code; 1,819
(19) A person registered to practice the profession of 1,821
engineering or surveying under Chapter 4733. of the Revised Code; 1,822
(20) A person who has been issued a license to practice 1,825
chiropractic under Chapter 4734. of the Revised Code;
41
(21) A person licensed to act as a real estate broker, OR 1,827
real estate salesperson, limited real estate broker, or limited 1,828
real estate salesperson under Chapter 4735. of the Revised Code; 1,829
(22) A person registered as a registered sanitarian under 1,831
Chapter 4736. of the Revised Code; 1,832
(23) A person licensed to operate or maintain a junkyard 1,834
under Chapter 4737. of the Revised Code; 1,835
(24) A person who has been issued a motor vehicle salvage 1,837
dealer's license under Chapter 4738. of the Revised Code; 1,838
(25) A person who has been licensed to act as a steam 1,840
engineer under Chapter 4739. of the Revised Code; 1,841
(26) A person who has been issued a license or temporary 1,843
permit to practice veterinary medicine or any of its branches, or 1,844
who is registered as a graduate animal technician under Chapter 1,845
4741. of the Revised Code; 1,846
(27) A person who has been issued a hearing aid dealer's 1,848
or fitter's license or trainee permit under Chapter 4747. of the 1,849
Revised Code; 1,850
(28) A person who has been issued a class A, class B, or 1,852
class C license or who has been registered as an investigator or 1,853
security guard employee under Chapter 4749. of the Revised Code; 1,854
(29) A person licensed and registered to practice as a 1,856
nursing home administrator under Chapter 4751. of the Revised 1,857
Code; 1,858
(30) A person licensed to practice as a speech-language 1,860
pathologist or audiologist under Chapter 4753. of the Revised 1,862
Code;
(31) A person issued a license as an occupational 1,864
therapist or physical therapist under Chapter 4755. of the 1,865
Revised Code; 1,866
(32) A person who is licensed as a professional clinical 1,868
counselor or professional counselor, licensed as a social worker 1,869
or independent social worker, or registered as a social work 1,870
assistant under Chapter 4757. of the Revised Code; 1,871
42
(33) A person issued a license to practice dietetics under 1,873
Chapter 4759. of the Revised Code; 1,874
(34) A person who has been issued a license or limited 1,877
permit to practice respiratory therapy under Chapter 4761. of the 1,878
Revised Code; 1,879
(35) A person who has been issued a real estate appraiser 1,881
certificate under Chapter 4763. of the Revised Code. 1,882
(X) "Cocaine" means any of the following: 1,884
(1) A cocaine salt, isomer, or derivative, a salt of a 1,886
cocaine isomer or derivative, or the base form of cocaine; 1,887
(2) Coca leaves or a salt, compound, derivative, or 1,889
preparation of coca leaves, including ecgonine, a salt, isomer, 1,890
or derivative of ecgonine, or a salt of an isomer or derivative 1,891
of ecgonine; 1,892
(3) A salt, compound, derivative, or preparation of a 1,894
substance identified in division (X)(1) or (2) of this section 1,896
that is chemically equivalent to or identical with any of those 1,897
substances, except that the substances shall not include 1,898
decocainized coca leaves or extraction of coca leaves if the 1,899
extractions do not contain cocaine or ecgonine. 1,900
(Y) "L.S.D." means lysergic acid diethylamide. 1,903
(Z) "Hashish" means the resin or a preparation of the 1,905
resin contained in marihuana, whether in solid form or in a 1,906
liquid concentrate, liquid extract, or liquid distillate form. 1,907
(AA) "Marihuana" has the same meaning as in section 1,909
3719.01 of the Revised Code, except that it does not include 1,911
hashish.
(BB) An offense is "committed in the vicinity of a 1,913
juvenile" if the offender commits the offense within one hundred 1,915
feet of a juvenile or within the view of a juvenile, regardless 1,916
of whether the offender knows the age of the juvenile, whether 1,917
the offender knows the offense is being committed within one 1,918
hundred feet of or within view of the juvenile, or whether the 1,919
juvenile actually views the commission of the offense.
43
(CC) "Presumption for a prison term" or "presumption that 1,921
a prison term shall be imposed" means a presumption, as described 1,922
in division (D) of section 2929.13 of the Revised Code, that a 1,923
prison term is a necessary sanction for a felony in order to 1,924
comply with the purposes and principles of sentencing under 1,925
section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in 1,927
section 2929.01 of the Revised Code. 1,928
(EE) "Minor drug possession offense" means either of the 1,930
following: 1,931
(1) A violation of section 2925.11 of the Revised Code as 1,933
it existed prior to July 1, 1996; 1,934
(2) A violation of section 2925.11 of the Revised Code as 1,936
it exists on and after July 1, 1996, that is a misdemeanor or a 1,937
felony of the fifth degree. 1,938
(FF) "Mandatory prison term" has the same meaning as in 1,941
section 2929.01 of the Revised Code.
(GG) "Crack cocaine" means a compound, mixture, 1,943
preparation, or substance that is or contains any amount of 1,944
cocaine that is analytically identified as the base form of 1,945
cocaine or that is in a form that resembles rocks or pebbles 1,946
generally intended for individual use.
Sec. 4735.01. As used in this chapter: 1,955
(A) "Real estate broker" includes any person, partnership, 1,957
association, or corporation, foreign or domestic, who for 1,958
another, whether pursuant to a power of attorney or otherwise, 1,959
and who for a fee, commission, or other valuable consideration, 1,960
or with the intention, or in the expectation, or upon the promise 1,961
of receiving or collecting a fee, commission, or other valuable 1,962
consideration: 1,963
(1) Sells, exchanges, purchases, rents, or leases, or 1,965
negotiates the sale, exchange, purchase, rental, or leasing of 1,966
any real estate; 1,967
(2) Offers, attempts, or agrees to negotiate the sale, 1,969
44
exchange, purchase, rental, or leasing of any real estate; 1,970
(3) Lists, or offers, attempts, or agrees to list, or 1,972
auctions, or offers, attempts, or agrees to auction, any real 1,973
estate; 1,974
(4) Buys or offers to buy, sells or offers to sell, or 1,976
otherwise deals in options on real estate; 1,977
(5) Operates, manages, or rents, or offers or attempts to 1,979
operate, manage, or rent, other than as custodian, caretaker, or 1,980
janitor, any building or portions of buildings to the public as 1,981
tenants; 1,982
(6) Advertises or holds self out as engaged in the 1,984
business of selling, exchanging, purchasing, renting, or leasing 1,985
real estate; 1,986
(7) Directs or assists in the procuring of prospects or 1,988
the negotiation of any transaction, other than mortgage 1,989
financing, which does or is calculated to result in the sale, 1,990
exchange, leasing, or renting of any real estate; 1,991
(8) Is employed by or on behalf of the owner of lots, or 1,993
other parcels of real estate, at a stated salary, or upon a 1,994
commission, or upon a salary and commission basis or otherwise, 1,995
to sell such real estate, or any parts of it, in lots or other 1,996
parcels, and who sells, exchanges, or offers, attempts, or agrees 1,997
to negotiate the sale or exchange of any such lot or parcel of 1,998
real estate; 1,999
(9) Is engaged in the business of charging an advance fee 2,001
or contracting for collection of a fee in connection with any 2,002
contract whereby the broker undertakes primarily to promote the 2,004
sale, exchange, purchase, rental, or leasing of real estate 2,005
through its listing in a publication issued primarily for such 2,006
purpose, or for referral of information concerning such real 2,007
estate to brokers, or both, except that this division does not 2,008
apply to a publisher of listings or compilations of sales of real 2,009
estate by their owners; 2,010
(10) Collects rental information for purposes of referring 2,012
45
prospective tenants to rental units or locations of such units 2,013
and charges the prospective tenants a fee. 2,014
(B) "Real estate" includes leaseholds as well as any and 2,016
every interest or estate in land situated in this state, whether 2,017
corporeal or incorporeal, whether freehold or nonfreehold, and 2,018
the improvements on the land, but does not include cemetery 2,019
interment rights. 2,020
(C) "Real estate salesperson" means any person associated 2,022
with a licensed real estate broker to do or to deal in any acts 2,023
or transactions set out or comprehended by the definition of a 2,024
real estate broker, for compensation or otherwise. 2,025
(D) "Limited real estate broker" includes any person, 2,027
partnership, association, or corporation, foreign or domestic, 2,028
who for another and for a fee, commission, or other valuable 2,029
consideration, or who with the intention or in the expectation or 2,030
upon the promise of receiving or collecting a fee, commission, or 2,031
other valuable consideration engages in the sale of cemetery 2,032
interment rights and whose license is limited to the sale of 2,033
cemetery interment rights. 2,034
(E) "Limited real estate salesperson" means any person 2,036
associated with a licensed real estate broker or a licensed 2,037
limited real estate broker to do or to deal in any acts or 2,038
transactions set out or comprehended by the definition of a 2,039
limited real estate broker, for compensation or otherwise. 2,040
(F) "Institution of higher education" means either of the 2,042
following:
(1) A nonprofit institution as defined in section 1713.01 2,044
of the Revised Code that actually awards, rather than intends to 2,045
award, degrees for fulfilling requirements of academic work 2,046
beyond high school; 2,047
(2) An institution operated for profit that otherwise 2,049
qualifies under the definition of an institution in section 2,050
1713.01 of the Revised Code and that actually awards, rather than 2,051
intends to award, degrees for fulfilling requirements of academic 2,052
46
work beyond high school. 2,053
(G)(E) "Foreign real estate" means real estate not 2,055
situated in this state and any interest in real estate not 2,056
situated in this state. 2,057
(H)(F) "Foreign real estate dealer" includes any person, 2,059
partnership, association, or corporation, foreign or domestic, 2,060
who for another, whether pursuant to a power of attorney or 2,061
otherwise, and who for a fee, commission, or other valuable 2,062
consideration, or with the intention, or in the expectation, or 2,063
upon the promise of receiving or collecting a fee, commission, or 2,064
other valuable consideration, does or deals in any act or 2,065
transaction specified or comprehended in division (A) of this 2,066
section with respect to foreign real estate. 2,067
(I)(G) "Foreign real estate salesperson" means any person 2,070
associated with a licensed foreign real estate dealer to do or 2,071
deal in any act or transaction specified or comprehended in 2,072
division (A) of this section with respect to foreign real estate, 2,073
for compensation or otherwise. 2,074
(J)(H) Any person, partnership, association, or 2,076
corporation, who, for another, in consideration of compensation, 2,077
by fee, commission, salary, or otherwise, or with the intention, 2,078
in the expectation, or upon the promise of receiving or 2,079
collecting a fee, does, or offers, attempts, or agrees to engage 2,080
in, any single act or transaction contained in the definition of 2,081
a real estate broker or foreign real estate dealer, whether an 2,082
act is an incidental part of a transaction, or the entire 2,083
transaction, shall be constituted a real estate broker or real 2,084
estate salesperson or a foreign real estate dealer or foreign 2,085
real estate salesperson under this chapter. 2,086
(K)(I) The terms "real estate broker," "real estate 2,088
salesperson," "foreign real estate dealer," and "foreign real 2,090
estate salesperson" do not include a person, partnership, 2,091
association, or corporation, or the regular employees thereof or 2,092
limited real estate broker or limited real estate salesperson, 2,093
47
who performs PERFORM any of the acts or transactions specified or 2,095
comprehended in division (A) of this section, whether or not for, 2,096
or with the intention, in expectation, or upon the promise of 2,097
receiving or collecting a fee, commission, or other valuable 2,098
consideration:
(1) With reference to real estate situated in this state 2,100
or any interest in it owned by such person, partnership, 2,101
association, or corporation, or acquired on its own account in 2,103
the regular course of, or as an incident to the management of the 2,104
property and the investment in it; 2,105
(2) As receiver or trustee in bankruptcy, as guardian, 2,107
executor, administrator, trustee, assignee, commissioner, or any 2,108
person doing the things mentioned in this section, under 2,109
authority or appointment of, or incident to a proceeding in, any 2,110
court, or as a public officer, or as executor, trustee, or other 2,111
bona fide fiduciary under any trust agreement, deed of trust, 2,112
will, or other instrument creating a like bona fide fiduciary 2,113
obligation; 2,114
(3) As a public officer while performing the officer's 2,116
official duties; 2,117
(4) As an attorney at law in the performance of the 2,119
attorney's duties. 2,120
(L)(J) "Physically handicapped licensee" means a person 2,122
licensed pursuant to this chapter who is under a severe physical 2,123
disability which is of such a nature as to prevent the person 2,124
from being able to attend any classroom instruction lasting at 2,125
least three hours in duration. 2,126
(M)(K) "Division of real estate" may be used 2,129
interchangeably with, and for all purposes has the same meaning 2,130
as, "division of real estate and professional licensing." 2,131
(N)(L) "Superintendent" or "superintendent of real estate" 2,134
means the superintendent of the division of real estate and 2,135
professional licensing of this state. Whenever the division or 2,136
superintendent of real estate is referred to or designated in any 2,137
48
statute, rule, contract, or other document, the reference or 2,138
designation shall be deemed to refer to the division or 2,139
superintendent of real estate and professional licensing, as the 2,140
case may be.
Sec. 4735.02. No person, partnership, association, or 2,149
corporation shall act as a real estate broker, OR real estate 2,150
salesman, limited real estate broker, or limited real estate 2,152
salesman SALESPERSON, or advertise or assume to act as such, 2,153
without first being licensed as provided in this chapter. 2,154
Nothing contained in this chapter shall be construed as 2,155
authorizing a real estate broker or salesman SALESPERSON to 2,156
perform any service constituting the practice of law. 2,157
No partnership, association, or corporation holding a real 2,159
estate license shall employ as an officer, director, manager, or 2,160
a principal employee any person previously holding a license as a 2,161
real estate broker, real estate salesman, limited real estate 2,163
broker, limited real estate salesman SALESPERSON, foreign real 2,164
estate dealer, or foreign real estate salesman SALESPERSON, whose 2,165
license has beenterminated BEEN TERMINATED by failure to file a 2,166
certificate of continuation, by revocation, or by suspension, and 2,167
who has not thereafter been relicensed.
Sec. 4735.051. (A) Within five business days after a 2,176
person files a signed written complaint against a licensed real 2,177
estate broker, OR licensed real estate salesperson, licensed 2,178
limited real estate broker, or licensed limited real estate 2,180
salesperson with the division of real estate, the superintendent 2,181
of real estate shall acknowledge receipt of the complaint and 2,182
send a notice to the licensee describing the acts complained of. 2,183
The acknowledgment to the complainant and the notice to the 2,184
licensee shall state that an informal meeting will be held with 2,185
the complainant, the licensee, and an investigator from the 2,186
investigation and audit section of the division if the 2,187
complainant and licensee both file a request for such a meeting 2,188
within ten business days thereafter on a form provided by the 2,189
49
superintendent. 2,190
(B) If the complainant and licensee both file with the 2,192
division requests for an informal meeting, the superintendent 2,193
shall notify the complainant and licensee of the date of the 2,194
meeting, which shall be within twenty business days thereafter, 2,195
except that any party may request an extension of up to fifteen 2,196
business days for good cause shown. If the parties reach an 2,197
accommodation at an informal meeting, the investigator shall so 2,198
report to the superintendent and the parties and the complaint 2,199
file shall be closed, unless, based upon the investigator's 2,200
report, the superintendent finds evidence that the licensee has 2,201
violated section 4735.18 of the Revised Code. 2,202
(C) If the parties fail to agree to an informal meeting or 2,204
fail to reach an accommodation, or if the superintendent finds 2,206
evidence of a violation of section 4735.18 of the Revised Code, 2,207
the superintendent shall, within five business days of such 2,208
determination, so notify the parties and shall investigate the 2,209
conduct of the licensee against whom the complaint is filed. 2,210
(D) Within sixty business days after receipt of the 2,212
complaint, or, if an informal meeting is held, within sixty days 2,213
of such meeting, the investigator shall file a written report of 2,214
the results of the investigator's investigation with the 2,215
superintendent. Within ten business days thereafter, the 2,217
superintendent shall review the report and determine whether 2,218
there exists reasonable and substantial evidence of a violation 2,219
of section 4735.18 of the Revised Code by the licensee. If the 2,220
superintendent finds such evidence exists, within five business 2,221
days of the determination, the superintendent shall notify the 2,222
parties of the date of a hearing to be held by a hearing examiner 2,223
pursuant to Chapter 119. of the Revised Code within fifteen days 2,224
but not prior to seven days thereafter, except that any party may 2,225
request an extension of up to thirty business days for good cause 2,226
shown. If the superintendent finds that such evidence does not 2,227
exist, within five business days thereafter, the superintendent 2,228
50
shall so notify the parties of the superintendent's determination 2,229
and the basis for the determination. Within fifteen business 2,230
days after the superintendent notifies the parties that such 2,231
evidence does not exist, the complainant may file with the 2,232
division a request that the commissioners review the 2,233
determination. If the complainant files such request, the 2,234
commissioners shall review the determination at the next 2,235
regularly scheduled meeting held at least fifteen business days 2,236
after the request is filed. The commission shall hear the 2,237
testimony of either party at such meeting upon the request of the 2,238
party. If the commissioners affirm the determination of the 2,239
superintendent, the superintendent shall so notify the 2,240
complainant and the licensee within five business days 2,241
thereafter. If the commissioners reverse the determination of 2,242
the superintendent, a hearing shall be held and the parties 2,243
notified as provided in this division.
(E) Within twenty-five business days after the conclusion 2,245
of formal hearings, the hearing examiner shall file a report of 2,246
findings of fact and conclusions of law with the superintendent, 2,247
the commission, and the parties. 2,248
(F) The commissioners shall review the hearing examiner's 2,250
report and the parties' evidence at the next regularly scheduled 2,251
commission meeting held at least fifteen business days after 2,252
receipt of the hearing examiner's report. The commission shall 2,253
hear the testimony of any party upon request. If the complainant 2,254
is the Ohio civil rights commission, the complaint shall be 2,255
reviewed by the commissioners directly upon request. 2,256
(G) The commission shall decide whether to impose 2,258
disciplinary sanctions upon a licensee for a violation of section 2,259
4735.18 of the Revised Code. The commission shall decide within 2,260
sixty days of the filing of the hearing examiner's report or 2,261
within sixty days of the filing of an Ohio civil rights 2,262
commission complaint. The commission shall maintain a transcript 2,263
of the proceedings and issue a written opinion to all the 2,264
51
parties, citing its findings and grounds for any action taken. 2,265
The commission shall notify the complainant and any other party 2,266
who may have suffered financial loss because of the licensee's 2,267
violations, that the complainant or other party may sue for 2,269
recovery under section 4735.12 of the Revised Code.
(H) An investigation under this section is subject to 2,271
section 4735.32 of the Revised Code. 2,272
(I) The commission may impose the following sanctions upon 2,274
a licensee for a violation of section 4735.18 of the Revised 2,275
Code: 2,276
(1) Revoke a license issued under Chapter 4735. of the 2,278
Revised Code; 2,279
(2) Suspend a license for a term set by the commission; 2,281
(3) Impose a fine, not exceeding two thousand five hundred 2,283
dollars per violation; 2,284
(4) Issue a public reprimand; 2,286
(5) Require the completion of additional continuing 2,288
education course work. Any continuing education course work 2,289
imposed pursuant to this section shall not count toward the 2,290
continuing education requirements set forth in section 4735.14 of 2,291
the Revised Code.
All fines imposed pursuant to division (I)(3) of this 2,293
section shall be credited to the real estate operating fund, 2,294
which is created in the state treasury under section 4735.211 of 2,295
the Revised Code.
Sec. 4735.07. (A) The superintendent of real estate, with 2,304
the consent of the Ohio real estate commission, may enter into 2,305
agreements with recognized national testing services to 2,306
administer the real estate broker's examination under his THE 2,307
SUPERINTENDENT'S supervision and control, consistent with the 2,308
requirements of this chapter as to the contents of such 2,310
examination.
(B) No person shall take the broker's examination who has 2,312
not established to the satisfaction of the superintendent that he 2,314
52
THE PERSON:
(1) Is honest, truthful, and of good reputation; 2,316
(2)(a) Has not been convicted of a felony or crime of 2,318
moral turpitude, or if he THE PERSON has been so convicted, the 2,319
superintendent has disregarded the conviction because the 2,320
applicant has proven to the superintendent, by a preponderance of 2,321
the evidence, that his THE APPLICANT'S activities and employment 2,322
record since the conviction show that he THE APPLICANT is honest, 2,324
truthful, and of good reputation, and there is no basis in fact 2,326
for believing that he THE APPLICANT again will violate the laws 2,327
involved;
(b) Has not been finally adjudged by a court to have 2,329
violated any municipal, state, or federal civil rights laws 2,330
relevant to the protection of purchasers or sellers of real 2,331
estate or, if he THE PERSON has been so adjudged, at least two 2,332
years have passed since the court decision and the superintendent 2,334
has disregarded the adjudication because the applicant has 2,335
proven, by a preponderance of the evidence, that his THE 2,336
APPLICANT'S activities and employment record since the 2,337
adjudication show that he THE APPLICANT is honest, truthful, and 2,338
of good reputation, and there is no basis in fact for believing 2,339
that he THE APPLICANT will again violate the laws involved;. 2,340
(3) Has not, during any period in which he THE PERSON was 2,342
licensed under this chapter, violated any provision of, or any 2,344
rule adopted pursuant to, this chapter, or, if he THE PERSON has 2,345
violated any such provision or rule, has established to the 2,346
satisfaction of the superintendent that he THE PERSON will not 2,347
again violate such provision or rule; 2,348
(4) Is at least eighteen years of age; 2,350
(5) Has been a licensed real estate broker or salesman 2,352
SALESPERSON for at least two years; during at least two of the 2,353
five years preceding his application, has worked as a licensed 2,355
real estate broker or salesman SALESPERSON for an average of at 2,356
least thirty hours per week; and has completed one of the 2,357
53
following:
(a) At least twenty real estate transactions, in which 2,359
property was sold for another by the applicant while acting in 2,360
his THE capacity as OF a real estate broker or salesman 2,362
SALESPERSON;
(b) Such equivalent experience as is defined by rules 2,364
adopted by the commission;. 2,365
(6)(a) If licensed as a real estate salesman SALESPERSON 2,367
prior to January 1, 1990, successfully has completed at an 2,368
institution of higher education all of the following: 2,369
(i) Thirty hours of classroom instruction in real estate 2,371
practice; 2,372
(ii) Thirty hours of classroom instruction that includes 2,374
the subjects of Ohio real estate law, municipal, state, and 2,375
federal civil rights law, new case law on housing discrimination, 2,376
desegregation issues, and methods of eliminating the effects of 2,377
prior discrimination. If feasible, the classroom instruction in 2,378
Ohio real estate law shall be taught by a member of the faculty 2,379
of an accredited law school. If feasible, the classroom 2,380
instruction in municipal, state, and federal civil rights law, 2,381
new case law on housing discrimination, desegregation issues, and 2,382
methods of eliminating the effects of prior discrimination shall 2,383
be taught by a staff member of the Ohio civil rights commission 2,384
who is knowledgeable with respect to those subjects. The 2,385
requirements of this division do not apply to an applicant who is 2,386
admitted to practice before the supreme court. 2,387
(iii) Thirty hours of classroom instruction in real estate 2,389
appraisal; 2,390
(iv) Thirty hours of classroom instruction in real estate 2,392
finance; 2,393
(v) Three quarter hours, or its equivalent in semester 2,395
hours, in financial management; 2,396
(vi) Three quarter hours, or its equivalent in semester 2,398
hours, in human resource or personnel management; 2,399
54
(vii) Three quarter hours, or its equivalent in semester 2,401
hours, in applied business economics; 2,402
(viii) Three quarter hours, or its equivalent in semester 2,404
hours, in business law. 2,405
(b) Division (B)(6)(a) of this section does not apply to 2,407
any applicant who holds a valid real estate salesman's 2,408
SALESPERSON'S license issued prior to January 2, 1972, or to 2,409
applicants for a limited real estate broker's or salesman's 2,412
license. Divisions (B)(6)(a)(v), (vi), (vii), and (viii) of this 2,413
section do not apply to any applicant who holds a valid real 2,414
estate salesman's SALESPERSON'S license issued prior to January 2,415
3, 1984.
(7) If licensed as a real estate salesman SALESPERSON on 2,417
or after January 3, 1984, satisfactorily has completed a minimum 2,418
of two years of post-secondary education, or its equivalent in 2,419
semester or quarter hours, at an institution of higher education, 2,420
and has fulfilled the requirements of division (B)(6)(a) of this 2,421
section. The requirements of division (B)(6)(a) of this section 2,422
may be included in the two years of post-secondary education, or 2,423
its equivalent in semester or quarter hours, that is required by 2,424
this division. 2,425
(C) Each applicant for a broker's license shall be 2,427
examined in the principles of real estate practice, Ohio real 2,428
estate law, and financing and appraisal, and as to the duties of 2,429
real estate brokers and real estate salesmen SALESPERSONS, the 2,430
applicant's knowledge of real estate transactions and instruments 2,431
relating to them, and the canons of business ethics pertaining to 2,432
them. The commission from time to time shall promulgate such 2,433
canons and cause them to be published in printed form. 2,434
Each applicant for a limited real estate broker's or 2,436
limited real estate salesman's license shall be examined only in 2,438
the areas specified in section 4735.091 of the Revised Code. 2,439
(D) Examinations shall be given entirely in writing, 2,441
except that they shall be administered orally or in braille to 2,442
55
the blind, as defined in section 5109.15 of the Revised Code, or 2,443
orally to an individual whose physical disability, as supported 2,444
by a physician's statement, renders it impossible to take a 2,445
written examination. The contents of an examination shall be 2,446
consistent with the requirements of division (B)(6)(a) of this 2,447
section and with the other specific requirements of this section. 2,448
An applicant who has completed the requirements of division 2,449
(B)(6)(a) of this section at the time of application may be 2,450
examined at the next regularly scheduled examination after he THE 2,451
APPLICANT is notified of his admission to the examination. 2,452
(E) The superintendent may waive the requirement of 2,454
examination in the case of an application from a nonresident real 2,455
estate broker of a state having similar requirements and under 2,456
the laws of which similar recognition is extended to licensed 2,457
real estate brokers and real estate salesmen SALESPERSONS of this 2,459
state.
(F) There shall be no limit placed on the number of times 2,461
an applicant may retake the examination. 2,462
(G) The superintendent in his THE SUPERINTENDENT'S 2,464
discretion may waive the requirement of examination if the 2,466
applicant has been licensed as a real estate broker by the 2,467
superintendent or commission at some time during the two-year 2,468
period immediately preceding the date of the current application. 2,469
(H)(1) Within twelve months from the date of issuance of 2,471
any real estate broker's license issued on or after January 1, 2,472
1990, the licensee successfully shall complete, at an institution 2,473
of higher education or any other institution that is approved by 2,474
the commission, ten hours of classroom instruction in real estate 2,475
brokerage. That instruction shall include, but not be limited 2,476
to, current issues in managing a real estate company or office. 2,477
Upon completion of the instruction, the licensee shall cause to 2,478
be filed with the superintendent a certificate from the 2,479
institution showing that he THE LICENSEE successfully has 2,480
completed the requirements of this division. 2,481
56
If the instruction is not successfully completed within 2,483
twelve months, the license of the real estate broker is suspended 2,484
automatically without the taking of any action by the commission. 2,485
The broker then shall have one year after the date of the 2,486
suspension of his THE BROKER'S license to successfully complete 2,487
the instruction required under this division, and his THE 2,489
BROKER'S license shall not be reinstated by the superintendent 2,490
until it is established, to the satisfaction of the 2,491
superintendent, that the requirements of this division have been 2,492
met.
(2) If the license of a real estate broker is suspended 2,494
pursuant to division (H)(1) of this section, the license of a 2,495
real estate salesman SALESPERSON associated with that broker 2,496
correspondingly is suspended pursuant to division (B) of section 2,498
4735.20 of the Revised Code. However, the suspended license of 2,499
the associated real estate salesman SALESPERSON shall be 2,500
reinstated and no fee shall be charged or collected for that 2,501
reinstatement if all of the following occur: 2,502
(a) That broker subsequently submits satisfactory proof to 2,504
the superintendent that he THE BROKER has complied with the 2,505
requirements of division (H)(1) of this section and requests that 2,507
his THE BROKER'S license as a real estate broker be reinstated; 2,508
(b) The superintendent then reinstates his THE BROKER'S 2,510
license as a real estate broker; 2,511
(c) The associated real estate salesman SALESPERSON 2,513
intends to continue to be associated with that broker and 2,514
otherwise is in compliance with this chapter. 2,515
Sec. 4735.10. (A)(1) The Ohio real estate commission may 2,524
adopt reasonable rules in accordance with Chapter 119. of the 2,525
Revised Code, necessary for implementing the provisions of this 2,526
chapter relating, but not limited to, the following: 2,527
(a) The form and manner of filing applications for 2,529
license; 2,530
(b) Times and form of examination for license; 2,532
57
(c) Placing an existing broker's license in escrow for an 2,534
indefinite period upon good cause shown. 2,535
(2) The commission shall adopt reasonable rules in 2,537
accordance with Chapter 119. of the Revised Code, for 2,538
implementing the provisions of this chapter relating to the 2,539
following:
(a) The issuance, renewal, suspension, revocation of 2,541
licenses, other sanctions that may be imposed for violations of 2,542
this chapter, and the conduct of hearings related to these 2,544
actions;
(b) Standards for the approval of courses of study 2,546
required for licenses, or offered in preparation for license 2,547
examinations, or required as continuing education for licenses. 2,548
The rules shall specify that no standard for the approval of a 2,550
course of study required as continuing education for licensees
shall require that licensees pass an examination as a condition 2,551
for the successful completion of a continuing education 2,552
requirement. A person providing a continuing education course 2,553
may administer examinations for the purpose of evaluating the 2,554
effectiveness of the course.
(c) Guidelines to ensure that continuing education classes 2,557
are open to all persons licensed under this chapter. The rules 2,558
shall specify that an organization that sponsors a continuing 2,559
education class may offer its members a reasonable reduction in 2,560
the fees charged for the class. 2,561
(d) Requirements for trust accounts and property 2,563
management accounts. The rules shall specify that: 2,564
(i) Brokerages engaged in the management of property for 2,567
another may, pursuant to a written contract with the property 2,568
owner, exercise signatory authority for withdrawals from property 2,569
management accounts maintained in the name of the property owner. 2,570
The exercise of authority for withdrawals does not constitute a 2,571
violation of any provision of division (A) of section 4735.18 of 2,572
the Revised Code. 2,574
58
(ii) The interest earned on property management trust 2,577
accounts maintained in the name of the property owner or the
broker shall be payable to the property owner unless otherwise 2,578
specified in a written contract. 2,579
(e) Annual certificates of continuation in business and 2,581
filing deadlines based on a staggered system of renewal with 2,582
deadlines distributed throughout the year. 2,583
(B) The commission shall adopt rules in accordance with 2,585
Chapter 119. of the Revised Code establishing standards and 2,586
guidelines with which the superintendent of real estate shall 2,587
comply in the exercise of the following powers: 2,588
(1) Appointment and recommendation of ancillary trustees 2,590
under section 4735.05 of the Revised Code; 2,591
(2) Rejection of names proposed to be used by 2,593
partnerships, associations, and corporations, under division (A) 2,594
of section 4735.06 of the Revised Code; 2,595
(3) Acceptance and rejection of applications to take the 2,597
broker and salesman SALESPERSON examinations and licensure, with 2,598
waiver of examination, under sections 4735.07 and 4735.09 of the 2,599
Revised Code; 2,600
(4) Approval of applications of brokers to place their 2,602
licenses on deposit and to become salespersons under section 2,604
4735.13 of the Revised Code;
(5) Appointment of hearing examiners under section 119.09 2,606
of the Revised Code; 2,607
(6) Acceptance and rejection of applications to take the 2,609
foreign real estate dealer and salesperson examinations and 2,610
licensure, with waiver of examination, under sections 4735.27 and 2,611
4735.28 of the Revised Code; 2,612
(7) Qualification of foreign real estate under section 2,614
4735.25 of the Revised Code. 2,615
If at any time there is no rule in effect establishing a 2,617
guideline or standard required by this division, the 2,618
superintendent shall adopt a rule in accordance with Chapter 119. 2,619
59
of the Revised Code for such purpose. 2,620
(C) The commission or superintendent may hear testimony in 2,622
matters relating to the duties imposed upon them, and the 2,623
president of the commission and superintendent may administer 2,624
oaths. The commission or superintendent may require other proof 2,625
of the honesty, truthfulness, and good reputation of any person 2,626
named in an application for a real estate broker's, OR real 2,627
estate salesperson's, limited real estate broker's, or limited 2,629
real estate salesperson's license before admitting the applicant 2,630
to the examination or issuing a license. 2,631
Sec. 4735.141. (A) Except as otherwise provided in this 2,640
division, on or before January 31, 1983, and on or before the 2,641
thirty-first day of January of every third year thereafter, each 2,642
licensee who was licensed by the state prior to January 1, 1980, 2,643
as a real estate broker or salesperson shall submit proof 2,644
satisfactory to the superintendent of real estate that the 2,645
licensee has satisfactorily completed, during the preceding three 2,646
years, thirty classroom hours of continuing education as 2,647
prescribed by the Ohio real estate commission pursuant to section 2,648
4735.10 of the Revised Code. Persons licensed as real estate 2,649
salespersons within the state on or after January 1, 1980, shall 2,650
submit the proof to the superintendent on or before the last day 2,651
of the month of the third year directly following the filing of 2,652
the certificate prescribed in division (G) of section 4735.09 of 2,653
the Revised Code, and every third year thereafter. Persons 2,654
licensed as real estate salespersons who subsequently become 2,655
licensed real estate brokers, shall continue to submit proof of 2,656
continuing education on the schedule established when they were 2,657
licensed real estate salespersons. The requirements of this 2,658
section shall not apply to persons licensed under section 2,659
4735.091 of the Revised Code or to any physically handicapped 2,661
licensee as provided in division (E) of this section. 2,663
Each licensee who is seventy years of age or older on the 2,665
effective date of this amendment JUNE 13, 1996, and each licensee 2,667
60
who will be seventy years of age or older within three years 2,668
after the effective date of this amendment JUNE 13, 1996, shall 2,669
submit proof satisfactory to the superintendent that the licensee 2,670
has satisfactorily completed during the three-year period 2,671
commencing on the effective date of this amendment JUNE 13, 1996, 2,672
and every three-year period thereafter, a total of nine classroom 2,674
hours of continuing education, including instruction in Ohio real 2,675
estate law; recently enacted state and federal laws affecting the 2,676
real estate industry; municipal, state, and federal civil rights 2,678
law; and canons of ethics for the real estate industry as adopted 2,679
by the commission. The commission shall adopt reasonable rules
in accordance with Chapter 119. of the Revised Code to carry out 2,681
the purposes of this paragraph.
A person providing any course of continuing education may 2,683
administer examinations to licensees for the purpose of 2,684
evaluating the effectiveness of the course, but passage of an 2,685
examination by a licensee shall not be a condition for successful 2,686
completion of the continuing education requirements of this 2,687
section. 2,688
(B) The continuing education requirements of this section 2,690
shall be completed in schools, seminars, and educational 2,691
institutions approved by the commission. Such approval shall be 2,692
given according to rules established by the commission under the 2,693
procedures of Chapter 119. of the Revised Code, and shall not be 2,694
limited to institutions providing two-year or four-year degrees. 2,695
Each school, seminar, or educational institution approved under 2,696
this division shall be open to all licensees on an equal basis. 2,697
(C) If the requirements of this section are not met by a 2,699
licensee within the period specified, the licensee's license 2,700
shall be suspended automatically without the taking of any action 2,701
by the superintendent. The superintendent shall notify the 2,702
licensee of the license suspension. Any license so suspended 2,703
shall remain suspended until it is reinstated by the 2,704
superintendent. No such license shall be reinstated until it is 2,705
61
established, to the satisfaction of the superintendent, that the 2,706
requirements of this section have been met. If the requirements 2,707
of this section are not met within two years from the date the 2,708
license was suspended, the license shall be revoked automatically 2,709
without the taking of any action by the commission. A person 2,710
whose license has been revoked and whose revoked license was 2,711
issued prior to January 1, 1980, may have the person's license 2,712
reinstated by the superintendent at any time after it has been 2,713
revoked upon submitting proof satisfactory to the superintendent 2,714
that the person has satisfactorily completed during the period 2,715
since the revocation of the person's license thirty classroom 2,716
hours of continuing education as prescribed by the commission 2,717
pursuant to section 4735.10 of the Revised Code. Upon 2,718
reinstatement of the person's license, the licensee shall comply 2,719
with the educational requirements of division (A) of this
section. 2,720
(D) If the license of a real estate broker is suspended 2,722
pursuant to division (C) of this section, the license of a real 2,723
estate salesperson associated with that broker correspondingly is 2,725
suspended pursuant to division (B) of section 4735.20 of the 2,726
Revised Code. However, the suspended license of the associated 2,727
real estate salesperson shall be reinstated and no fee shall be 2,729
charged or collected for that reinstatement if all of the 2,730
following occur: 2,731
(1) That broker subsequently submits proof to the 2,733
superintendent that the broker has complied with the requirements 2,734
of this section and requests that the broker's license as a real 2,735
estate broker be reinstated; 2,736
(2) The superintendent then reinstates the broker's 2,738
license as a real estate broker; 2,739
(3) The associated real estate salesperson intends to 2,741
continue to be associated with that broker, has complied with the 2,742
requirements of this section, and otherwise is in compliance with 2,743
this chapter. 2,744
62
(E) Any licensee who is a physically handicapped licensee 2,746
at any time during the last three months of the third year of the 2,747
licensee's continuing education reporting period may receive an 2,748
extension of time to submit proof to the superintendent that the 2,749
licensee has satisfactorily completed the required thirty hours 2,750
of continuing education. To receive an extension of time, the 2,751
licensee shall submit a request to the division of real estate 2,752
for the extension and proof satisfactory to the commission that 2,753
the licensee was a physically handicapped licensee at some time 2,754
during the last three months of the three-year reporting period. 2,755
The proof shall include, but is not limited to, a signed 2,756
statement by the licensee's attending physician describing the 2,757
physical disability, certifying that the licensee's disability is 2,758
of such a nature as to prevent the licensee from attending any 2,759
classroom instruction lasting at least three hours in duration, 2,760
and stating the expected duration of the physical disability. 2,761
The licensee shall request the extension and provide the 2,762
physician's statement to the division no later than one month
prior to the end of the licensee's three-year continuing 2,763
education reporting period, unless the physical disability did 2,764
not arise until the last month of the three-year reporting 2,765
period, in which event the licensee shall request the extension 2,766
and provide the physician's statement as soon as practical after 2,767
the occurrence of the physical disability. A licensee granted an 2,768
extension pursuant to this division who is no longer a physically 2,769
handicapped licensee and who submits proof of completion of the 2,770
continuing education during the extension period, shall submit, 2,771
for future continuing education reporting periods, proof of 2,772
completion of the continuing education requirements according to 2,773
the schedule established in division (A) of this section. 2,774
Sec. 4735.18. (A) Subject to section 4735.32 of the 2,783
Revised Code, the superintendent of real estate, upon the 2,784
superintendent's own motion, may investigate the conduct of any 2,785
licensee. Subject to section 4735.32 of the Revised Code, the 2,786
63
Ohio real estate commission shall, pursuant to section 4735.051 2,787
of the Revised Code, impose disciplinary sanctions upon any 2,788
licensee who, whether or not acting in the licensee's capacity as 2,789
a real estate broker or salesperson, or limited real estate
broker or salesperson, or in handling the licensee's own 2,791
property, is found to have been convicted of a felony or a crime 2,794
of moral turpitude, and shall, pursuant to section 4735.051 of 2,795
the Revised Code, impose disciplinary sanctions upon any licensee 2,796
who, in the licensee's capacity as a real estate broker or 2,797
salesperson, or limited real estate broker or salesperson, or in 2,798
handling the licensee's own property, is found guilty of: 2,800
(1) Knowingly making any misrepresentation; 2,802
(2) Making any false promises with intent to influence, 2,804
persuade, or induce; 2,805
(3) A continued course of misrepresentation or the making 2,807
of false promises through agents, salespersons, advertising, or 2,808
otherwise;
(4) Acting for more than one party in a transaction except 2,811
as permitted by and in compliance with section 4735.71 of the
Revised Code.; 2,812
(5) Failure within a reasonable time to account for or to 2,814
remit any money coming into the licensee's possession which 2,815
belongs to others; 2,816
(6) Dishonest or illegal dealing, gross negligence, 2,818
incompetency, or misconduct; 2,819
(7)(a) By final adjudication by a court, a violation of 2,821
any municipal or federal civil rights law relevant to the 2,822
protection of purchasers or sellers of real estate or, by final 2,823
adjudication by a court, any unlawful discriminatory practice 2,824
pertaining to the purchase or sale of real estate prohibited by 2,825
Chapter 4112. of the Revised Code, provided that such violation 2,826
arose out of a situation wherein parties were engaged in bona 2,827
fide efforts to purchase, sell, or lease real estate, in the 2,828
licensee's practice as a licensed real estate broker or 2,829
64
salesperson;
(b) A second or subsequent violation of any unlawful 2,831
discriminatory practice pertaining to the purchase or sale of 2,832
real estate prohibited by Chapter 4112. of the Revised Code or 2,833
any second or subsequent violation of municipal or federal civil 2,834
rights laws relevant to purchasing or selling real estate whether 2,835
or not there has been a final adjudication by a court, provided 2,836
that such violation arose out of a situation wherein parties were 2,837
engaged in bona fide efforts to purchase, sell, or lease real 2,838
estate. For any second offense under this division, the 2,839
commission shall suspend for a minimum of two months or revoke 2,840
the license of the broker or salesperson. For any subsequent 2,841
offense, the commission shall revoke the license of the broker or 2,842
salesperson. 2,843
(8) Procuring a license under this chapter, for the 2,845
licensee or any salesperson by fraud, misrepresentation, or 2,846
deceit;
(9) Having violated or failed to comply with any provision 2,848
of sections 4735.51 to 4735.74 of the Revised Code or having 2,849
willfully disregarded or violated any other provisions of this 2,850
chapter;
(10) As a real estate broker or limited real estate 2,853
broker, having demanded, without reasonable cause, other than
from a broker licensed under this chapter, a commission to which 2,854
the licensee is not entitled, or, as a real estate salesperson or 2,856
limited real estate salesperson, having demanded, without 2,857
reasonable cause, a commission to which the licensee is not 2,858
entitled;
(11) Having paid commissions or fees to, or divided 2,860
commissions or fees with, anyone not licensed as a real estate 2,861
broker or salesperson; 2,862
(12) Having falsely represented membership in any real 2,864
estate professional association of which the licensee is not a 2,865
member; 2,866
65
(13) Having accepted, given, or charged any undisclosed 2,868
commission, rebate, or direct profit on expenditures made for a 2,869
principal; 2,870
(14) Having offered anything of value other than the 2,872
consideration recited in the sales contract as an inducement to a 2,873
person to enter into a contract for the purchase or sale of real 2,874
estate or having offered real estate or the improvements on real 2,875
estate as a prize in a lottery or scheme of chance; 2,876
(15) Having acted in the dual capacity of real estate 2,878
broker and undisclosed principal, or real estate salesperson and 2,880
undisclosed principal, in any transaction;
(16) Having guaranteed, authorized, or permitted any 2,882
person to guarantee future profits which may result from the 2,883
resale of real property or cemetery interment rights; 2,884
(17) Having placed a sign on any property offering it for 2,886
sale or for rent without the consent of the owner or the owner's 2,887
authorized agent; 2,888
(18) Having induced any party to a contract of sale or 2,890
lease to break such contract for the purpose of substituting in 2,891
lieu of it a new contract with another principal; 2,892
(19) Having negotiated the sale, exchange, or lease of any 2,894
real property directly with an owner, purchaser, lessor, or 2,895
tenant knowing that such owner, purchaser, lessor, or tenant had 2,896
a written outstanding contract granting exclusive agency in 2,897
connection with such property to another real estate broker; 2,898
(20) Having offered real property for sale or for lease 2,900
without the knowledge and consent of the owner or the owner's 2,901
authorized agent, or on any terms other than those authorized by 2,902
the owner or the owner's authorized agent; 2,903
(21) Having published advertising, whether printed, radio, 2,905
display, or of any other nature, which was misleading or 2,906
inaccurate in any material particular, or in any way having 2,907
misrepresented any properties, terms, values, policies, or 2,908
services of the business conducted; 2,909
66
(22) Having knowingly withheld from or inserted in any 2,911
statement of account or invoice any statement that made it 2,912
inaccurate in any material particular; 2,913
(23) Having published or circulated unjustified or 2,915
unwarranted threats of legal proceedings which tended to or had 2,916
the effect of harassing competitors or intimidating their 2,917
customers; 2,918
(24) Having failed to keep complete and accurate records 2,920
of all transactions for a period of three years from the date of 2,921
the transaction, such records to include copies of listing forms, 2,922
earnest money receipts, offers to purchase and acceptances of 2,923
them, and records of receipts and disbursements of all funds 2,924
received by the licensee as broker and incident to the licensee's 2,925
transactions as such, and any other instruments or papers related 2,927
to the performance of any of the acts set forth in the definition 2,928
of a real estate broker; 2,929
(25) Failure of a real estate broker or salesperson to 2,931
furnish all parties involved in a real estate transaction true 2,932
copies of all listings and other agreements to which they are a 2,933
party, at the time each party signs them; 2,934
(26) Failure to maintain at all times a special or trust 2,936
bank account in a depository located in this state. The account 2,937
shall be noninterest-bearing, separate and distinct from any 2,938
personal or other account of the broker, and, except as provided 2,940
in division (A)(27) of this section, shall be used for the
deposit and maintenance of all escrow funds, security deposits, 2,941
and other moneys received by the broker in a fiduciary capacity. 2,942
The name, account number, if any, and location of the depository 2,943
wherein such special or trust account is maintained shall be 2,944
submitted in writing to the superintendent. Checks drawn on such 2,945
special or trust bank accounts are deemed to meet the conditions 2,946
imposed by section 1349.21 of the Revised Code.
(27) Failure to maintain at all times a special or trust 2,948
bank account in a depository in this state, to be used 2,949
67
exclusively for the deposit and maintenance of all rents, 2,950
security deposits, escrow funds, and other moneys received by the 2,951
broker in a fiduciary capacity in the course of managing real
property. This account shall be separate and distinct from any 2,952
other account maintained by the broker. The name, account 2,953
number, and location of the depository shall be submitted in 2,954
writing to the superintendent. This account may earn interest, 2,955
which shall be paid to the property owners on a pro rata basis. 2,956
Division (A)(27) of this section does not apply to brokers 2,958
who are not engaged in the management of real property on behalf 2,959
of real property owners. 2,960
(28) Having failed to put definite expiration dates in all 2,962
written agency agreements to which the broker is a party; 2,963
(29) Having an unsatisfied final judgment in any court of 2,965
record against the licensee arising out of his THE LICENSEE'S 2,966
conduct as a licensed broker or salesman SALESPERSON; 2,967
(30) Failing to render promptly upon demand a full and 2,969
complete statement of the expenditures by the broker or 2,970
salesperson of funds advanced by or on behalf of a party to a 2,971
real estate transaction to the broker or salesperson for the 2,972
purpose of performing duties as a licensee under this chapter in 2,973
conjunction with the real estate transaction; 2,974
(31) Failure within a reasonable time, after the receipt 2,976
of the commission by the broker, to render an accounting to and 2,977
pay a real estate salesperson the salesperson's earned share of 2,978
it;
(32) Failure to notify the real estate salesperson that 2,980
the licensee does not intend to list such salesperson on the 2,981
continuation in business form;
(33) Performing any service for another constituting the 2,983
practice of law, as determined by any court of law; 2,984
(34) Having been adjudicated incompetent for the purpose 2,986
of holding the license by a court, as provided in section 2,987
5122.301 of the Revised Code. A license revoked or suspended 2,988
68
under this division shall be reinstated upon proof to the 2,989
commission of the removal of the disability. 2,990
(35) Having authorized or permitted a person to act as an 2,992
agent in the capacity of a real estate broker or limited real 2,993
estate broker, or a real estate salesperson or limited real 2,995
estate salesperson, who was not then licensed as a real estate
broker, limited real estate broker, OR real estate salesperson, 2,997
or limited real estate salesperson under this chapter. 2,999
(B) Whenever the commission, pursuant to section 4735.051 3,001
of the Revised Code, imposes disciplinary sanctions for any 3,002
violation of this section, the commission also may impose such 3,003
sanctions upon the broker with whom the salesperson is affiliated 3,004
if the commission finds that the broker had knowledge of the 3,005
salesperson's actions that violated this section.
(C) The commission shall, pursuant to section 4735.051 of 3,007
the Revised Code, impose disciplinary sanctions upon any foreign 3,008
real estate dealer or salesperson who, in that capacity or in 3,009
handling the dealer's or salesperson's own property, is found 3,010
guilty of any of the acts or omissions specified or comprehended 3,011
in division (A) of this section insofar as the acts or omissions
pertain to foreign real estate. If the commission imposes such 3,012
sanctions upon a foreign real estate salesperson for a violation 3,013
of this section, the commission also may suspend or revoke the 3,014
license of the foreign real estate dealer with whom the 3,015
salesperson is affiliated if the commission finds that the dealer 3,016
had knowledge of the salesperson's actions that violated this 3,017
section.
(D) The commission may suspend, in whole or in part, the 3,019
imposition of the penalty of suspension of a license under this 3,020
section. 3,021
(E) The commission immediately shall notify the real 3,023
estate appraiser board of any disciplinary action taken under 3,024
this section against a licensee who also is a state-certified 3,025
real estate appraiser under Chapter 4763. of the Revised Code. 3,026
69
Sec. 4735.32. (A)(1) The Ohio real estate commission or 3,035
the superintendent of real estate may commence, at any time 3,036
within three years from the date on which an alleged violation of 3,037
a provision of this or another chapter of the Revised Code 3,038
occurred, any investigation that relates to the conduct of a 3,039
licensed real estate broker, real estate salesman, limited real 3,040
estate broker, limited real estate salesman SALESPERSON, foreign 3,041
real estate dealer, or foreign real estate salesman SALESPERSON, 3,043
that is authorized pursuant to section 1349.11, 4735.051, or 3,045
4735.18, or any other section of the Revised Code, and that is 3,046
for purposes of determining whether the licensee has violated a 3,047
provision of this or another chapter of the Revised Code and 3,048
whether, as a consequence, his THE LICENSEE'S license should be 3,049
suspended or revoked, or other disciplinary action taken, as 3,050
provided in this or another chapter of the Revised Code. If such 3,051
an investigation is not commenced within the three-year period, 3,052
it shall be barred, and neither the commission nor the 3,053
superintendent shall suspend or revoke the license of any 3,054
licensee, or take other disciplinary action against any licensee, 3,055
because of the alleged violation of a provision of this or 3,056
another chapter of the Revised Code that could have been the 3,057
subject of the barred investigation.
(2) For purposes of division (A)(1) of this section, if an 3,059
investigation that is authorized by section 4735.051 of the 3,060
Revised Code is involved, it shall be considered to be commenced 3,061
as of the date on which a person files a complaint with the 3,062
division of real estate pursuant to division (A) of that section. 3,063
(B) This section does not affect any criminal or civil 3,065
liability that a licensed real estate broker, real estate 3,066
salesman, limited real estate broker, limited real estate 3,068
salesman SALESPERSON, foreign real estate dealer, or foreign real 3,069
estate salesman SALESPERSON, or any unlicensed person, may have 3,070
under this or another chapter of the Revised Code or under the 3,071
common law of this state. 3,072
70
Sec. 4735.57. (A) The superintendent of real estate, with 3,081
the approval of the Ohio real estate commission, shall establish 3,082
by rule the agency disclosure statement, which shall specify the 3,083
duties of a licensee in a real estate transaction pursuant to 3,084
this chapter. The agency disclosure statement shall contain a 3,086
place for the licensee and the parties to the transaction to sign
and date the statement and shall contain sections for the 3,087
disclosure or explanation of all of the following: 3,088
(1) The permissible agency relationships a licensee may 3,090
establish under section 4735.53 of the Revised Code and an 3,091
explanation of the duties the licensee owes the client in each 3,092
type of relationship;
(2) Whether the brokerage may act as a dual agent and if 3,094
so, the possibility that different licensees affiliated with the 3,095
brokerage might represent the separate interests of a purchaser 3,096
or a seller in the same transaction. The disclosure shall 3,097
contain an explanation that when different licensees affiliated 3,098
with the same brokerage represent both the purchaser and seller 3,100
in a transaction, each licensee represents only the interests of 3,101
that licensee's client. The disclosure shall contain an 3,102
explanation that when different licensees affiliated with the 3,103
same brokerage represent different clients in a transaction, the 3,104
brokerage and the management level licensees in the brokerage are 3,105
dual agents of both the seller and purchaser and have supervisory
duties and limitations as dual agents. The disclosure also shall 3,106
state that the broker shall take steps to preserve the 3,108
confidential information of the client.
(3) Unless confidential, the names of all parties the 3,110
licensee represents in the transaction; 3,111
(4) That the signature of the client indicates the client 3,113
consents to the agency relationship and that if the client does 3,114
not understand the agency disclosure statement, the client should 3,115
consult an attorney.
(B) The agency disclosure statement prescribed under 3,118
71
division (A) of this section does not limit the duties of a real 3,119
estate agent to those listed in division (A) of this section, and 3,120
the agent is obligated to perform all duties imposed on a real 3,121
estate agent at common law except to the extent the duties are 3,122
inconsistent with the duties prescribed in this chapter or are 3,123
otherwise modified by agreement.
(C) The disclosure requirements of this section do not 3,125
apply in any of the following situations: 3,126
(1) The rental or leasing of residential premises as 3,128
defined in section 5321.01 of the Revised Code, if the rental or 3,129
lease agreement can be performed in eighteen months or less; 3,130
(2) The referral of a prospective buyer, tenant, seller, 3,132
or landlord to another licensee; 3,133
(3) Transactions involving the sale, lease, or exchange of 3,136
foreign real estate as defined in division (G)(E) of section 3,137
4735.01 of the Revised Code; 3,138
(4) Transactions involving the sale of a cemetery lot or a 3,140
cemetery interment right. 3,141
Sec. 4767.02. (A) Except as otherwise provided in 3,150
division (C) of this section, no person, church, religious 3,151
society, established fraternal organization, or political 3,152
subdivision of the state shall own, operate, or maintain a 3,153
cemetery unless the cemetery is registered pursuant to section 3,154
4767.03 of the Revised Code. 3,155
(B) The division of real estate in the department of 3,157
commerce shall perform all of the following duties: 3,158
(1) Adopt, amend, and rescind rules in accordance with 3,160
Chapter 119. of the Revised Code to carry out sections 4767.02 to 3,161
4767.04 of the Revised Code governing the registration of 3,162
cemeteries; 3,163
(2) Prescribe the form and content of all applications to 3,165
be used for registration and renewal of registration pursuant to 3,166
section 4767.03 of the Revised Code; 3,167
(3) Review applications for registration and issue 3,169
72
registration certificates to cemeteries that meet the 3,170
qualifications for registration pursuant to sections 4767.03 and 3,171
4767.04 of the Revised Code; 3,172
(4) Collect all fees related to the registration and 3,174
renewal of registration certificates for cemeteries; 3,175
(5) Maintain a written record of each cemetery registered 3,177
with the division, which shall include such documentation as 3,178
required in division (A) of section 4767.04 of the Revised Code. 3,179
The record shall be available for inspection by the public and 3,180
copies shall be made available pursuant to division (B) of 3,181
section 149.43 of the Revised Code. 3,182
(6) WITH THE ADVICE AND CONSENT OF THE OHIO CEMETERY 3,185
DISPUTE RESOLUTION COMMISSION, REVOKE A CEMETERY'S REGISTRATION 3,186
FOR A VIOLATION OF SECTION 1721.21 OR 1721.211 OR SECTIONS 3,187
4767.02 TO 4767.04 OF THE REVISED CODE; 3,188
(7) WITH THE DISPUTE RESOLUTION COMMISSION'S ADVICE AND 3,190
CONSENT, PROHIBIT A CEMETERY FROM MAKING PRENEED SALES, IF THE 3,191
CEMETERY DOES NOT HAVE A VALID REGISTRATION CERTIFICATE ISSUED 3,192
UNDER SECTION 4767.03 OF THE REVISED CODE; 3,193
(8) PROHIBIT THE SALE OF THE ASSETS OR STOCK OF A CEMETERY 3,196
BY REFUSING TO ISSUE A REGISTRATION CERTIFICATE TO THE PURCHASER 3,197
UNTIL THE DISPUTE RESOLUTION COMMISSION HAS RECEIVED AUDITED 3,198
FINANCIAL STATEMENTS AUDITED BY A CERTIFIED PUBLIC ACCOUNTANT
SHOWING TO THE COMMISSION'S SATISFACTION THAT ALL CURRENT FUNDS 3,200
REQUIRED TO BE DEPOSITED AND MAINTAINED PURSUANT TO SECTIONS 3,201
1721.21 AND 1721.211 OF THE REVISED CODE HAVE BEEN DEPOSITED AND 3,202
MAINTAINED; 3,203
(9) WITH THE DISPUTE RESOLUTION COMMISSION'S ADVICE AND 3,205
CONSENT, INVOKE FINES, ON A PER DIEM BASIS, AGAINST CEMETERIES 3,206
THAT ARE FOUND TO BE VIOLATING SECTION 1721.21 OR 1721.211 OF THE 3,208
REVISED CODE;
(10) WITH THE DISPUTE RESOLUTION COMMISSION'S ADVICE AND 3,211
CONSENT, REFER THE FINES INVOKED PURSUANT TO DIVISION (B)(9) OF
THIS SECTION TO THE ATTORNEY GENERAL'S OFFICE FOR COLLECTION; 3,213
73
(11) WITH THE DISPUTE RESOLUTION COMMISSION'S ADVICE AND 3,216
CONSENT, SUBPOENA CEMETERY PERSONNEL TO ATTEND HEARINGS BEFORE 3,217
THE COMMISSION;
(12) WITH THE DISPUTE RESOLUTION COMMISSION'S ADVICE AND 3,220
CONSENT, ADOPT, AMEND, AND RESCIND RULES IN ACCORDANCE WITH 3,221
CHAPTER 119. OF THE REVISED CODE GOVERNING MINIMUM MAINTENANCE 3,223
STANDARDS FOR CEMETERIES;
(13) PROVIDE ONE INVESTIGATOR AND TWO ADMINISTRATIVE 3,225
ASSISTANTS, WHO SHALL PROVIDE SERVICES ONLY REGARDING MATTERS 3,226
BEFORE THE DISPUTE RESOLUTION COMMISSION. 3,227
(C) Sections 4767.02 to 4767.04 of the Revised Code do not 3,229
apply to or affect a family cemetery or a cemetery in which there 3,230
have been no interments during the previous twenty-five calendar 3,231
years. As used in this division, "family cemetery" means a 3,232
cemetery containing the human remains of persons, at least 3,233
three-fourths of whom have a common ancestor or who are the 3,234
spouse or adopted child of that common ancestor. 3,235
Sec. 4767.031. (A) THE OWNER OR THE PERSON RESPONSIBLE 3,238
FOR THE OPERATION OF EACH CEMETERY REQUIRED TO REGISTER UNDER 3,239
SECTION 4767.03 OF THE REVISED CODE SHALL PROVIDE THE DIVISION OF 3,241
REAL ESTATE IN THE DEPARTMENT OF COMMERCE, ON A FORM PRESCRIBED 3,242
BY THE DIVISION, AT THE SAME TIME THE OWNER OR OTHER PERSON 3,243
APPLIES FOR REGISTRATION OR RENEWAL OF REGISTRATION AS REQUIRED 3,244
BY SECTION 4767.03 OF THE REVISED CODE, A LIST OF THE NAMES AND 3,245
RESIDENCE ADDRESSES OF ALL PERSONS EMPLOYED OR OTHERWISE ENGAGED 3,247
BY THE CEMETERY TO SELL INTERMENT RIGHTS. THE PROVISION OF THIS
INFORMATION CONSTITUTES THE REGISTRATION OF THESE PERSONS TO SELL 3,248
INTERMENT RIGHTS. 3,249
IN ORDER FOR AN INDEPENDENT CONTRACTOR TO SELL INTERMENT 3,251
RIGHTS FOR A CEMETERY, THE CEMETERY SHALL SPONSOR AND REGISTER 3,252
THE INDEPENDENT CONTRACTOR WITH THE DIVISION. MORE THAN ONE 3,253
CEMETERY MAY SPONSOR AND REGISTER THE SAME INDEPENDENT 3,254
CONTRACTOR.
(B) THE OWNER OR THE PERSON RESPONSIBLE FOR THE OPERATION 3,257
74
OF EACH CEMETERY REQUIRED TO REGISTER UNDER SECTION 4767.03 OF 3,258
THE REVISED CODE SHALL PROVIDE THE DIVISION WITH A REVISED LIST 3,260
OF THE NAMES AND RESIDENCE ADDRESSES OF ALL PERSONS EMPLOYED OR 3,261
OTHERWISE ENGAGED BY THE CEMETERY TO SELL INTERMENT RIGHTS WITHIN 3,262
THE CALENDAR QUARTER IMMEDIATELY FOLLOWING THE DATE OF THE 3,263
TERMINATION OF THE CEMETERY'S RELATIONSHIP WITH AN EXISTING 3,264
SALESPERSON OR THE COMMENCEMENT OF A RELATIONSHIP WITH A NEW 3,265
SALESPERSON. AS USED IN THIS DIVISION, "CALENDAR QUARTER" MEANS 3,266
THE THREE-MONTH PERIOD THAT COMMENCES ON THE FIRST DAY OF EACH 3,267
JANUARY, APRIL, JULY, AND OCTOBER. 3,268
Sec. 4767.04. (A) To qualify a cemetery for a certificate 3,277
of registration, the applicant shall submit to the division of 3,278
real estate the following information: 3,279
(1) The name of the cemetery; 3,281
(2) The street address, city, village, or township, and 3,283
county where the cemetery is located and the mailing address if 3,284
different from the street address; 3,285
(3) The name and address of the person who owns the 3,287
cemetery; 3,288
(4) The name and address of the person responsible for the 3,290
operation and maintenance of the cemetery; 3,291
(5) A list of persons, if any, employed by or otherwise 3,293
affiliated with the owner or operator of the cemetery who hold a 3,294
limited real estate broker's license or a limited real estate 3,295
salesman's license pursuant to section 4735.091 of the Revised 3,297
Code; 3,298
(6) A copy of the most recent annual report of the 3,300
cemetery if required by the Ohio real estate commission pursuant 3,301
to section 1721.211 of the Revised Code. If the cemetery is 3,302
owned by a cemetery company or association, a copy of the annual 3,303
report for the previous year of all of the assets and investments 3,304
of the endowment care funds of the association as prepared 3,305
pursuant to section 1721.21 of the Revised Code shall be 3,306
submitted to the division. 3,307
75
(B) If any of the information required in division (A) of 3,309
this section changes at any time, the person responsible for the 3,310
operation and maintenance of the cemetery shall submit written 3,311
notification of the change to the division within thirty days of 3,312
the change occurring. 3,313
Sec. 4767.06. The Ohio cemetery dispute resolution 3,322
commission shall perform all of the following duties: 3,323
(A) Adopt, amend, and rescind such rules in accordance 3,325
with Chapter 119. of the Revised Code as are necessary in 3,326
carrying out sections 4767.05 to 4767.08 of the Revised Code, 3,327
including rules relative to the following: 3,328
(1) Transacting the commission's business and managing its 3,330
affairs; 3,331
(2) Establishing procedures for receiving, reviewing, and 3,333
responding to complaints filed pursuant to section 4767.07 of the 3,334
Revised Code; 3,335
(3) Conducting investigations in response to complaints 3,337
filed pursuant to division (A) of section 4767.07 of the Revised 3,338
Code; 3,339
(4) Resolving complaints by using informal techniques of 3,341
mediation, conciliation, and persuasion, including requiring the 3,342
parties involved in a complaint to be given prompt notice of any 3,343
offers to resolve disputes and responses thereto; 3,344
(5) Advising all parties making a complaint, or who are 3,346
the subject of a complaint, of any recommendations or findings of 3,347
fact made by the commission with respect to the complaint; 3,348
(6) Requesting the party who has filed a complaint or is 3,350
the subject of a complaint, and is affected by recommendations of 3,351
the commission made with respect to the complaint, to notify the 3,352
commission within a time specified by the commission of any 3,354
action the party has taken in response to the commission's 3,355
recommendations; 3,356
(7) Conducting nonpublic hearings and maintaining 3,358
commission proceedings and records as confidential, 3,359
76
notwithstanding sections 121.22 and 149.43 of the Revised Code 3,360
when the commission determines that the nature of the complaints 3,362
merits that action;
(8) Determining the method to be used in serving notices 3,364
as required by section 4767.07 of the Revised Code. 3,365
(B) Publicize information concerning the existence and 3,367
duties of the commission and the procedure for filing complaints 3,368
pursuant to section 4767.07 of the Revised Code; 3,369
(C) Conduct hearings on complaints pursuant to section 3,371
4767.07 of the Revised Code; 3,372
(D) Submit at least annually by the thirty-first day of 3,374
March a report on the commission's activities of the immediately 3,375
preceding calendar year to the governor and the majority and 3,376
minority leaders of the senate and house of representatives. The 3,377
report shall indicate the total number of complaints received, 3,378
initiated, and investigated under sections 4767.07 and 4767.08 of 3,379
the Revised Code; the total number of complaints for which 3,380
hearings were held; and the total number of referrals made to 3,381
prosecuting attorneys, the attorney general, and the real estate 3,382
commission pursuant to section 4767.08 of the Revised Code. 3,383
(E) Review, at least once each year, all actions taken by 3,385
the prosecuting attorneys, the attorney general, and the real 3,386
estate commission in response to referrals made to them by the 3,387
cemetery dispute resolution commission or by the superintendent 3,389
of the division of real estate in the department of commerce. 3,390
The commission shall include in the report required in division 3,391
(D) of this section information regarding the nature of the 3,392
inappropriate conduct alleged in each referral and the status or 3,393
disposition made of each referral occurring during the preceding 3,394
two years.
(F) Perform all functions as are necessary in 3,396
administering and enforcing sections 4767.05 to 4767.08 of the 3,397
Revised Code, INCLUDING THE RENDERING OF ALL ADVICE NECESSARY 3,398
UNDER DIVISIONS (B)(6) TO (12) OF SECTION 4767.02 OF THE REVISED 3,399
77
CODE;
(G) REVIEW ALL PROPOSED TRANSFERS THAT WOULD TRANSFER 3,402
SUBSTANTIALLY ALL OF THE ASSETS OR STOCK OF A CEMETERY, REQUIRE 3,404
AN AUDIT OF THE CEMETERY'S FUNDS ON DEPOSIT UNDER SECTIONS 3,405
1721.21 AND 1721.211 OF THE REVISED CODE, AND FORMULATE AN AGREED 3,406
PLAN PURSUANT TO WHICH THE BUYER AND THE SELLER OF THE CEMETERY 3,407
WILL CAUSE THOSE FUNDS TO BE PROPERLY FUNDED. 3,408
Sec. 4767.08. (A) The cemetery dispute resolution 3,417
commission, on its own motion or as a result of a complaint 3,418
received pursuant to section 4767.07 of the Revised Code and with 3,419
good cause shown, shall investigate or cause to be investigated 3,420
alleged violations of sections 1721.19, 1721.20, 1721.21, 3,421
1721.211, 4735.02, 4735.22, and 4765.03 of the Revised Code. If 3,422
the commission or the superintendent of the division of real 3,423
estate in the department of commerce believes that a violation 3,424
has occurred, the commission or superintendent shall request the 3,425
prosecuting attorney of the county in which the alleged violation 3,426
occurred to initiate such proceedings as are appropriate. 3,427
(B) If, as a result of an investigation, the commission or 3,429
the superintendent believes that a person has violated Chapter 3,430
1345. of the Revised Code, the commission or superintendent shall 3,431
report the findings to the attorney general. 3,432
(C) If, as a result of an investigation, the commission or 3,434
the superintendent believes that a limited real estate broker or 3,435
limited real estate salesman has violated Chapter 4735. of the 3,436
Revised Code, the commission or superintendent shall report the 3,438
findings to the real estate commission, which may initiate such
proceedings as are appropriate. 3,439
(D) The commission, at any time, may dismiss a complaint 3,441
if it determines there is not good cause shown for the complaint. 3,442
If the commission dismisses a complaint, it shall notify the 3,443
person who filed the complaint within twenty days of reaching its 3,444
decision and identify the reason why the complaint was dismissed. 3,445
(E)(D) When necessary for the division of real estate in 3,447
78
the department of commerce to perform the duties required by 3,448
sections 4767.07 and 4767.08 of the Revised Code, the 3,449
superintendent of the division, after consultation with at least 3,450
a majority of the members of the cemetery dispute resolution 3,451
commission, may issue subpoenas and compel the production of 3,452
books, papers, records, and other forms of evidence. 3,453
Section 2. That existing sections 517.23, 517.24, 759.01, 3,455
1111.19, 1151.345, 1161.59, 1319.12, 1345.21, 1721.01, 1721.06, 3,456
1721.21, 1721.211, 1733.51, 2117.25, 2925.01, 4735.01, 4735.02, 3,457
4735.051, 4735.07, 4735.10, 4735.141, 4735.18, 4735.32, 4735.57, 3,458
4767.02, 4767.04, 4767.06, and 4767.08 and sections 2117.251 and 3,459
4735.091 of the Revised Code are hereby repealed.
Section 3. Section 2925.01 of the Revised Code is 3,461
presented in this act as a composite of the section as amended by 3,462
both Am. Sub. S.B. 66 and Am. S.B. 117 of the 122nd General 3,464
Assembly, with the new language of neither of the acts shown in 3,465
capital letters. This is in recognition of the principle stated 3,466
in division (B) of section 1.52 of the Revised Code that such 3,467
amendments are to be harmonized where not substantively 3,468
irreconcilable and constitutes a legislative finding that such is 3,469
the resulting version in effect prior to the effective date of 3,470
this act.