As Reported by House Commerce & Labor Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 18 5
1999-2000 6
REPRESENTATIVES SCHULER-ALLEN-BUCHY-TERWILLEGER-TAYLOR- 8
WESTON-CLANCY-KREBS-OGG-CATES-ROMAN-WILLAMOWSKI-SALERNO- 9
O'BRIEN-MOTTLEY-BRITTON-PRINGLE-JAMES-VAN VYVEN-JOLIVETTE- 10
KRUPINSKI-VERICH-CORBIN 11
_________________________________________________________________
A B I L L
To amend sections 517.23, 517.24, 759.01, 1111.19, 13
1151.345, 1161.59, 1319.12, 1345.21, 1721.01, 14
1721.06, 1721.21, 1721.211, 1733.51, 2117.25, 15
2925.01, 4735.01, 4735.02, 4735.051, 4735.07, 16
4735.10, 4735.141, 4735.18, 4735.32, 4735.57, 17
4767.02, 4767.04, 4767.06, 4767.08, and 4767.99, 18
to enact section 4767.031, and to repeal sections 19
2117.251 and 4735.091 of the Revised Code to 21
revise laws dealing with the operation and
registration of cemeteries and with preneed 23
burial vault contracts. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 517.23, 517.24, 759.01, 1111.19, 29
1151.345, 1161.59, 1319.12, 1345.21, 1721.01, 1721.06, 1721.21, 30
1721.211, 1733.51, 2117.25, 2925.01, 4735.01, 4735.02, 4735.051, 31
4735.07, 4735.10, 4735.141, 4735.18, 4735.32, 4735.57, 4767.02, 32
4767.04, 4767.06, 4767.08, and 4767.99 be amended and section 34
4767.031 of 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
2
MUNICIPAL CEMETERY shall disinter or grant permission to disinter 49
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
3
officers, OR OFFICER OF THE MUNICIPAL CORPORATION comply with the 90
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
4
of the remains of the decedent.
(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;
5
(b) If division (B)(1)(a) of this section is inapplicable 182
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
6
the notice by filing a written waiver of that right in the
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
7
the decedent's religious beliefs OR ASCERTAINABLE DESIRES, the 259
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 FROM THE RECEIPT OF THE ORDER TO PERFORM THE 272
ORDERED DISINTERMENT. 273
(b) The court is not required to conduct a hearing under 276
division (B)(3)(a) of this section if each person entitled to be 277
given the notice described in division (B)(2)(a) of this section 278
has waived that right by filing a written waiver of the right to 279
receive the notice in the probate court. 280
Sec. 759.01. Any municipal corporation may provide public 289
cemeteries and crematories for burial or incineration of the dead 290
and regulate public and private cemeteries and crematories. Any 291
cemetery established by a municipal corporation shall register 292
with the division of real estate in the department of commerce 293
pursuant to section 4767.03 of the Revised Code. ANY CEMETERY OF 294
THAT NATURE IS SUBJECT TO CHAPTER 4767. AND TO SECTIONS 517.23 TO 295
517.25 AND 1721.211 OF THE REVISED CODE IN ADDITION TO BEING 296
SUBJECT TO THIS CHAPTER. 297
Sec. 1111.19. (A) As used in this section: 306
(1) "Financial institution" means a bank, savings bank, or 308
savings association located in this state and insured by the 309
federal deposit insurance corporation or a credit union 310
authorized to do business in this state.
8
(2) "Preneed funeral contract" means a written agreement, 312
contract, or series of contracts to sell or otherwise provide any 314
funeral services, funeral goods, or any combination thereof, to 315
be used in connection with the funeral or final disposition of a 316
dead human body, where payment for the goods or services is made 317
either outright or on an installment basis, prior to the death of
the person purchasing them or for whom they are purchased. A 318
preneed funeral contract that includes funeral services may be 319
sold only by a funeral director licensed pursuant to Chapter 320
4717. of the Revised Code. FOR THE PURPOSE OF THIS SECTION, 321
"FUNERAL GOODS" INCLUDES CASKETS. "Preneed funeral contract" 322
does not include any preneed burial vault CEMETERY MERCHANDISE 323
AND SERVICES contract, OR any agreement, contract, or series of 326
contracts pertaining to the sale of any burial lot, burial or
interment right, entombment right, or columbarium right with 327
respect to which either an endowment care fund is established or 328
is not required to be established EXEMPT FROM ESTABLISHMENT 330
pursuant to section 1721.21 of the Revised Code, or any 331
agreement, contract, or series of contracts pertaining to the 332
sale of cemetery interment rights made by a person licensed as a 334
limited real estate broker or limited real estate salesman 335
pursuant to section 4735.091 of the Revised Code. 336
(B) Any preneed funeral contract that involves the payment 338
of money shall be in writing and in compliance with the laws and 339
rules of this state. One hundred per cent of all payments for 340
funeral goods and services made under a preneed funeral contract 341
shall remain intact and held in trust for the benefit of the 342
person for whose benefit the contract is made. No money in a 344
preneed funeral contract trust shall be distributed from the
trust except as provided in this section. Any purchaser on 345
initially entering into a preneed funeral contract may, within 346
seven days, rescind the contract and request and receive from the 347
seller one hundred per cent of all payments made under the 348
contract.
9
(C) Within thirty days after the seller of funeral goods 350
or services receives any payment under a preneed funeral 352
contract, the seller shall deliver the moneys received and not 354
returned to the purchaser as provided in division (B) of this 355
section, to the trustee designated in the preneed funeral 356
contract or an amendment to it.
(D) The trustee of each preneed funeral contract trust 358
shall be a financial institution or a natural person not required 359
by this chapter to be licensed to do trust business. A natural 361
person acting as trustee of a preneed funeral contract trust 363
shall be bonded by a corporate surety bond in an amount not less 364
than one hundred per cent of the funds in all of the preneed
funeral contract trusts the person serves as trustee. 365
(E)(1) A trustee shall establish a separate preneed 367
funeral contract trust for the moneys paid under each preneed 368
funeral contract, unless the purchaser under a preneed funeral 369
contract authorizes the trustee to place the moneys paid in a 370
combined preneed funeral contract trust. The trustee of a 371
combined preneed funeral contract trust shall keep exact records 372
of the corpus, income, expenses, and disbursements with regard to 374
each beneficiary of a preneed funeral contract for whom moneys 375
are held in the trust. The terms of a preneed funeral contract 376
trust shall be governed by this section.
(2) A trustee may charge a fee for managing a preneed 378
funeral contract trust. The fee shall not exceed the amount 379
regularly or usually charged for similar services rendered by the 380
financial institution when serving as a trustee, and shall be 381
paid only from the income on that trust.
(F) No preneed funeral contract shall restrict the 383
purchaser from making the contract irrevocable. On the purchase 384
by an individual of an irrevocable preneed funeral contract, the 385
selling funeral director assumes the legal obligation to provide 386
for the funeral of the individual pursuant to the terms of the 387
contract.
10
(G) The purchaser of a preneed funeral contract that is 389
not irrevocable may, on not less than fifteen days' notice, 390
cancel the contract and request and receive from the trustee 392
payments made under the contract and any income earned up to the 393
time of cancellation, less fees, distributions, and expenses made 394
pursuant to this section; except, if a preneed funeral contract
stipulates a firm or fixed or guaranteed price for funeral 395
services and goods for future use at a time determined by the 396
death of the beneficiary of the preneed funeral contract, the 397
purchaser, on not less than fifteen days' notice, may cancel the 399
contract and receive from the trustee ninety per cent of the
principal paid pursuant to the preneed funeral contract, not less 400
than eighty per cent of any interest earned up to the time of 401
cancellation, and not less than eighty per cent of any income 402
earned on the funds since the funds were paid to the seller and 403
up to the time of cancellation less any fees, distributions, and 404
expenses. On cancellation, after the funds have been distributed 405
to the purchaser pursuant to this division, the trustee shall
distribute all remaining funds attributable to the canceled 406
preneed funeral contract to the seller. If more than one 407
purchaser enters into the contract, all of those purchasers must 408
request cancellation for it to be effective under this division, 409
and the trustee shall refund to each purchaser only those funds
that purchaser has paid under the contract and a proportionate 410
amount of any income earned on those funds, less any fees, 411
distributions, and expenses.
(H) A certified copy of the certificate of death or other 413
evidence of death satisfactory to the trustee shall be furnished 415
to the trustee as evidence of death, and the trustee shall 416
promptly pay the accumulated payments and income, if any, 417
according to the preneed funeral contract. The payment of the 418
accumulated payments and income pursuant to this section and,
when applicable, the preneed funeral contract, shall relieve the 419
trustee of any further liability on the accumulated payments and 420
11
income.
(I) For purposes of this section, the seller is deemed to 422
have delivered funeral goods pursuant to a preneed funeral 423
contract when either of the following occurs: 424
(1) The seller makes actual delivery of the goods to the 426
beneficiary;
(2) The seller does all of the following: 428
(a) Receives delivery of the goods on behalf of the 430
beneficiary;
(b) Stores the goods upon the real property of a funeral 432
home licensed in this state; 433
(c) Notifies the beneficiary of receipt of the goods and 435
identifies the specific location of the goods; 436
(d) At the time of the purchaser's final payment, provides 438
the beneficiary with evidence of ownership in the beneficiary's 439
name showing the goods to be free and clear of any liens or other 440
encumbrances.
(J) The seller of funeral goods or services under a 442
preneed funeral contract annually shall submit to the board of 443
embalmers and funeral directors the reports the board requires. 444
(K) The general assembly intends this section to be 446
construed as a limitation on the manner in which a person is 447
permitted to accept funds in prepayment for funeral services to 448
be performed in the future, or funeral goods to be used in 450
connection with the funeral or final disposition of human
remains, to the end that at all times members of the public may 451
have an opportunity to arrange and pay for funerals for 452
themselves and their families in advance of need while at the 453
same time providing all possible safeguards to ensure that 454
prepaid funds cannot be dissipated, whether intentionally or not,
but remain available for payment for funeral goods and services 455
in connection with the funeral or final disposition of dead human 456
bodies.
(L) This section does not apply when the seller of funeral 458
12
goods or services under a preneed funeral contract is an 459
established and legally cognizable church or denomination that is 460
exempt from federal income taxation under section 501(c)(3) of 461
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 464
501, as amended, and the preneed funeral contract pertains to a 465
cemetery owned and operated entirely and exclusively by the 466
church or denomination; provided the church or denomination
adopts, on a voluntary basis, rules and other measures to 467
safeguard and secure all funds received under any preneed funeral 468
contract.
(M) THIS SECTION DOES NOT PROHIBIT PERSONS WHO ARE NOT 470
LICENSED FUNERAL DIRECTORS FROM SELLING FUNERAL GOODS PURSUANT TO 471
A PRENEED FUNERAL CONTRACT; HOWEVER, ALL SELLERS OF FUNERAL GOODS 473
PURSUANT TO A PRENEED FUNERAL CONTRACT SHALL COMPLY WITH THIS 474
SECTION UNLESS THE SELLER IS SPECIFICALLY EXEMPT FROM COMPLIANCE 475
BY THIS SECTION.
Sec. 1151.345. A savings and loan association may, in 484
accordance with sections 1111.19 and 1721.211 of the Revised 485
Code, MAY receive and hold on deposit moneys under a preneed 487
funeral contract or a preneed burial CEMETERY MERCHANDISE AND 488
SERVICES contract.
Sec. 1161.59. In accordance with sections 1111.19 and 497
1721.211 of the Revised Code, a savings bank may receive and hold 499
on deposit moneys under a preneed funeral contract or a preneed 500
burial CEMETERY MERCHANDISE AND SERVICES contract. 501
Sec. 1319.12. (A)(1) As used in this section, "collection 511
agency" means any person who, for compensation, contingent or 512
otherwise, or for other valuable consideration, offers services 513
to collect an alleged debt asserted to be owed to another. 514
(2) "Collection agency" does not mean a person whose 516
collection activities are confined to and directly related to the 518
operation of another business, including, but not limited to, the 519
following:
(a) Any bank, including the trust department of a bank, 522
13
trust company, savings and loan association, savings bank, credit 523
union, or fiduciary as defined in section 1339.03 of the Revised 525
Code, except those that own or operate a collection agency; 527
(b) Any real estate broker, OR real estate salesperson, 530
limited real estate broker, or limited real estate salesperson, 531
as these persons are defined in section 4735.01 of the Revised 532
Code;
(c) Any retail seller collecting its own accounts; 535
(d) Any insurance company authorized to do business in 537
this state under Title XXXIX of the Revised Code or a health 538
insuring corporation authorized to operate in this state under 540
Chapter 1751. of the Revised Code;
(e) Any public officer or judicial officer acting under 542
order of a court;
(f) Any licensee as defined either in section 1321.01 or 544
1321.71 of the Revised Code, or any registrant as defined in 545
section 1321.51 of the Revised Code; 546
(g) Any public utility; 548
(h) ANY PERSON REGISTERED TO SELL INTERMENT RIGHTS UNDER 550
SECTION 4767.031 OF THE REVISED CODE. 551
(B) A collection agency with a place of business in this 554
state may take assignment of another person's accounts, bills, or 556
other evidences of indebtedness in its own name for the purpose 557
of billing, collecting, or filing suit in its own name as the 558
real party in interest.
(C) No collection agency shall commence litigation for the 561
collection of an assigned account, bill, or other evidence of 562
indebtedness unless it has taken the assignment in accordance 563
with all of the following requirements: 564
(1) The assignment was voluntary, properly executed, and 566
acknowledged by the person transferring title to the collection 567
agency. 568
(2) The collection agency did not require the assignment 570
as a condition to listing the account, bill, or other evidence of 572
14
indebtedness with the collection agency for collection.
(3) The assignment was manifested by a written agreement 574
separate from and in addition to any document intended for the 575
purpose of listing the account, bill, or other evidence of 576
indebtedness with the collection agency. The written agreement 577
must SHALL state the effective date of the assignment and the 578
consideration paid or given, if any, for the assignment, and must 580
SHALL expressly authorize the collection agency to refer the 581
assigned account, bill, or other evidence of indebtedness to an 582
attorney admitted to the practice of law in this state for the 583
commencement of litigation. The written agreement must also 584
SHALL disclose that the collection agency may CONSOLIDATE, for 586
purposes of filing an action, consolidate the assigned account, 588
bill, or other evidence of indebtedness with those of other
creditors against an individual debtor or co-debtors. 589
(4) Upon the effective date of the assignment to the 591
collection agency, the creditor's account maintained by the 592
collection agency in connection with the assigned account, bill, 593
or other evidence of indebtedness was canceled. 594
(D) A collection agency shall commence litigation for the 597
collection of an assigned account, bill, or other evidence of 598
indebtedness in a court of competent jurisdiction located in the 599
county in which the debtor resides, or in the case of co-debtors, 600
a county in which at least one of the co-debtors resides. 601
(E) No collection agency shall commence any litigation 604
authorized by this section unless the agency appears by an 605
attorney admitted to the practice of law in this state. 606
(F) This section does not affect the powers and duties of 608
any person described in division (A)(2) of this section. 609
(G) Nothing in this section relieves a collection agency 611
from complying with the "Fair Debt Collection Practices Act," 91 612
Stat. 874 (1977), 15 U.S.C. 1692, as amended, or deprives any 613
debtor of the right to assert defenses as provided in section 614
1317.031 of the Revised Code and 16 C.F.R. 433, as amended. 615
15
(H) For purposes of filing an action, a collection agency 618
that has taken an assignment or assignments pursuant to this 619
section may consolidate the assigned accounts, bills, or other 620
evidences of indebtedness of one or more creditors against an 621
individual debtor or co-debtors. Each separate assigned account, 622
bill, or evidence of indebtedness must be separately identified 623
and pled in any consolidated action authorized by this section. 624
If a debtor or co-debtor raises a good faith dispute concerning 625
any account, bill, or other evidence of indebtedness, the court 626
shall separate each disputed account, bill, or other evidence of 627
indebtedness from the action and hear the disputed account, bill, 629
or other evidence of indebtedness on its own merits in a separate 630
action. The court shall charge the filing fee of the separate 631
action to the losing party.
Sec. 1345.21. As used in sections 1345.21 to 1345.28 of 640
the Revised Code: 641
(A) "Home solicitation sale" means a sale of consumer 643
goods or services in which the seller or a person acting for him 644
THE SELLER engages in a personal solicitation of the sale at a 645
residence of the buyer, including solicitations in response to or 647
following an invitation by the buyer, and the buyer's agreement 648
or offer to purchase is there given to the seller or a person 649
acting for him THE SELLER, or in which the buyer's agreement or 651
offer to purchase is made at a place other than the seller's 652
place of business. It does not include a transaction or 653
transactions in which:
(1) The total purchase price to be paid by the buyer, 655
whether under single or multiple contracts, is less than 656
twenty-five dollars; 657
(2) The transaction was conducted and consummated entirely 659
by mail or by telephone if initiated by the buyer, and without 660
any other contact between the seller or his THE SELLER'S 661
representative prior to the delivery of goods or performance of 663
the service;
16
(3) The final agreement is made pursuant to prior 665
negotiations in the course of a visit by the buyer to a retail 666
business establishment having a fixed permanent location where 667
the goods are exhibited or the services are offered for sale on a 668
continuing basis; 669
(4) The buyer initiates the contact between the parties 671
for the purpose of negotiating a purchase and the seller has a 672
business establishment at a fixed location in this state where 673
the goods or services involved in the transaction are regularly 674
offered or exhibited for sale;. 675
Advertisements by such a seller in newspapers, magazines, 677
catalogues, radio, or television do not constitute the seller 678
initiation of the contact. 679
(5) The buyer initiates the contact between the parties, 681
the goods or services are needed to meet a bona fide immediate 682
personal emergency of the buyer which will jeopardize the 683
welfare, health, or safety of natural persons, or endanger 684
property which the buyer owns or for which he THE BUYER is 685
responsible, and the buyer furnishes the seller with a separate, 687
dated, and signed statement in the buyer's handwriting describing 688
the situation requiring immediate remedy and expressly 689
acknowledging and waiving the right to cancel the sale within 690
three business days;
(6) The buyer has initiated the contact between the 692
parties and specifically requested the seller to visit his THE 693
BUYER'S home for the purpose of repairing or performing 695
maintenance upon the buyer's personal property. If, in the 696
course of such a visit, the seller sells the buyer additional 697
services or goods other than replacement parts necessarily used 698
in performing the maintenance or in making the repairs, the sale 699
of those additional goods or services does not fall within this 700
exclusion.
(7) The buyer is accorded the right of rescission by the 702
"Consumer Credit Protection Act," (1968) 82 Stat. 152, 15 U.S.C. 703
17
1635, or regulations adopted pursuant to it. 704
(B) "Sale" includes a lease or rental. 706
(C) "Seller" includes a lessor or any one ANYONE offering 708
goods for rent. 709
(D) "Buyer" includes a lessee or anyone who gives a 711
consideration for the privilege of using goods. 712
(E) "Consumer goods or services" means goods or services 714
purchased, leased, or rented primarily for personal, family, or 715
household purposes, including courses or instruction or training 716
regardless of the purpose for which they are taken. 717
(F) "Consumer goods or services" do DOES not include goods 719
or services pertaining to any of the following: 720
(1) Sales or rentals of real property by a real estate 722
broker or salesman, other than limited real estate brokers or 724
salesmen SALESPERSON, or by a foreign real estate dealer or 725
salesman SALESPERSON, who is licensed by the Ohio real estate 727
commission under Chapter 4735. of the Revised Code; 728
(2) The sale of securities or commodities by a 730
broker-dealer registered with the securities and exchange 731
commission; 732
(3) The sale of securities or commodities by a securities 734
dealer or salesman SALESPERSON licensed by the division of 735
securities under Chapter 1707. of the Revised Code; 737
(4) The sale of insurance by a person licensed by the 739
superintendent of insurance; 740
(5) Goods sold or services provided by automobile dealers 742
and salesmen SALESPERSONS licensed by the registrar of motor 743
vehicles under Chapter 4517. of the Revised Code; 745
(6) The sale of property at an auction by an auctioneer 747
licensed by the department of commerce under Chapter 4707. of the 748
Revised Code. 749
(G) "Purchase price" means the total cumulative price of 751
the consumer goods or services, including all interest and 752
service charges. 753
18
(H) "Place of business" means the main office, or a 755
permanent branch office or permanent local address of a seller. 756
(I) "Business day" means any calendar day except Sunday, 758
or the following business holidays: New Year's day, Washington's 759
birthday PRESIDENTS' DAY, Memorial day, Independence day, Labor 761
day, Columbus day, Veteran's VETERANS day, Thanksgiving day, and 762
Christmas day. 763
Sec. 1721.01. A company or association incorporated for 772
cemetery purposes may appropriate or otherwise acquire, and may 773
hold, not more than six hundred forty acres of land AT ANY ONE 774
LOCATION, which shall be exempt from execution, from being 776
appropriated for any public purpose, except as otherwise provided 777
in this section, and from taxation, if held exclusively for 778
cemetery or burial purposes, and with no view to profit. A 779
COMPANY OR ASSOCIATION OF THAT NATURE MAY OWN LAND AT MULTIPLE 781
LOCATIONS, AND AS MANY AS SIX HUNDRED FORTY ACRES OWNED AT EACH 783
LOCATION IN ACCORDANCE WITH THIS SECTION ARE ENTITLED TO THE 784
EXEMPTIONS SPECIFIED IN THIS SECTION.
Lands of cemetery associations not containing graves or not 786
containing graves that are in use as such on the date a written 787
notice, as provided in this section, is served upon the officers 788
of a cemetery, shall be subject to appropriation for highway or 789
street purposes if an appropriation commences within four years 790
of the serving of the notice. For such purposes said lands shall 791
be subject to the exercise of the right of eminent domain by the 792
municipal corporation in which such lands are located, by the 793
board of county commissioners of the county in which such lands 794
are located, or by the director of transportation under the same 795
conditions and in the same manner as any private property; and, 796
if any burial occurs within the area specifically designated in 797
the written notice, the appropriating agency shall have the same 798
powers with respect to such burial as are given to a board of 799
township trustees by section 517.21 of the Revised Code and shall 800
pay any costs resulting from the exercise of these powers. This 801
19
section shall not be construed as authorizing an appropriating 802
agency to exercise the powers specified by section 517.21 of the 803
Revised Code in any part of a cemetery other than the area 804
specifically designated in the written notice. 805
The appropriating agency shall serve upon the officers or 807
agents having control of a cemetery a written notice that a 808
specifically designated area of the cemetery may be needed for 809
highway purposes. No such notice may be served more than once. 810
Such appropriation proceedings shall be made in the manner 812
provided for in sections 163.01 to 163.22 of the Revised Code or, 813
if by the director of transportation, as otherwise provided by 814
law. 815
The board of trustees of such company or association, 817
whenever in its opinion any portion of such lands is unsuitable 818
for burial purposes, may sell and convey by deed in fee simple, 819
in such manner, and upon such terms, as are provided by 820
resolution of such board, any such portion of said lands, and 821
apply the proceeds thereof to the general purposes of the company 822
or association; but on such sale being made, the lands so sold 823
shall be returned by the board to the auditor of the proper 824
county and placed by him THAT AUDITOR upon the grand duplicate 825
for taxation. 826
Such company or association may also take, set aside, or 828
hold any personal property received by it from any source for 829
cemetery purposes; and if such company or association is 830
incorporated not for profit, all personal property, including the 831
income therefrom, owned or held by it, or for its use, for 832
cemetery purposes and with no view to profit, shall be exempt 833
from execution, from being appropriated for any public purpose, 834
and from taxation, and no tax shall be assessed upon any personal 835
property or the income therefrom expressly exempted under this 836
section. 837
THIS CHAPTER DOES NOT AUTHORIZE THE EXEMPTION OF REAL 839
PROPERTY USED FOR A FUNERAL HOME OR ANY OTHER ACTIVITY NOT 840
20
PERMITTED TO BE CONDUCTED BY A CEMETERY ASSOCIATION EXEMPT FROM 841
TAXATION UNDER SECTION 501(c)(13) OF THE "INTERNAL REVENUE CODE 842
OF 1954," 26 U.S.C.A. 501, OR ANY SUCCESSOR PROVISION. 843
All exemptions from taxation provided for in this section 845
shall be in addition to such other exemptions from taxation as a 846
company or association incorporated for cemetery purposes, or its 847
real or personal property, has under any other provisions of the 848
Revised Code. 849
Sec. 1721.06. After paying for its land, a cemetery 858
company or association shall apply all its receipts and income, 859
whether from sale of lots, from donations, or otherwise, 860
exclusively to laying out, preserving, protecting, and 861
embellishing the cemetery and avenues within it or leading to it,
to the erection of buildings necessary OR APPROPRIATE for 862
cemetery purposes, and to paying the necessary expenses of the 864
cemetery company or association. No debts shall be incurred by 865
such THE CEMETERY company or association except for purchasing, 866
laying out, inclosing, and embellishing the ground, buildings 867
necessary OR APPROPRIATE for cemetery purposes, and avenues, for 869
which purposes it may contract debts to be paid out of future 870
receipts. FOR PURPOSES OF THIS SECTION, BUILDINGS APPROPRIATE
FOR CEMETERY PURPOSES INCLUDE, BUT ARE NOT LIMITED TO, BUILDINGS 872
FOR CREMATORY FACILITIES, FUNERAL HOMES, AND OTHER BUILDINGS 873
INTENDED TO PRODUCE INCOME FOR THE CEMETERY COMPANY OR 874
ASSOCIATION. 875
No part of the funds of a cemetery company or association, 877
or of the proceeds of land sold by it, shall ever be divided 878
among its stockholders or lot owners, and all its funds must 879
SHALL be used exclusively for the purposes of the company or 880
association as specified in this section, or invested in a fund 881
the income of which shall be so used and appropriated.
Sec. 1721.21. (A) As used in this section: 890
(1) "Person" means any corporation, company, partnership, 892
individual, or other entity owning or operating a cemetery for 893
21
the disposition of human remains. 894
(2) "Cemetery" means any one or a combination of more than 896
one of the following: 897
(a) A burial ground for earth interments; 899
(b) A mausoleum for crypt entombments; 901
(c) A columbarium for the deposit of cremated remains; 903
(d) A SCATTERING GROUND FOR THE SPREADING OF CREMATED 905
REMAINS. 906
(3) "Interment" means the disposition of human remains by 908
earth burial, entombment, or inurnment. 909
(4) "Burial right" means the right of earth interment. 911
(5) "Entombment right" means the right of entombment in a 913
mausoleum. 914
(6) "Columbarium right" means the right of inurnment in a 916
columbarium for cremated remains. 917
(B) No person shall operate or continue to operate any 919
cemetery in Ohio unless an endowment care fund TRUST is 920
established and maintained as required by this section. 922
(C) Any person desiring to operate any cemetery that is 925
organized or developed after July 1, 1970, before offering to
sell or selling any burial lot, burial right, entombment right, 926
or columbarium right in that cemetery, shall first establish an 928
endowment care fund TRUST, segregated from other assets, and 929
place in that fund a minimum of fifty thousand dollars in cash or 932
in bonds of the United States, this state, or any county or 933
municipal corporation of this state. 934
Whenever any person described in this division has placed 936
another fifty thousand dollars in the endowment care fund TRUST 938
out of gross sales proceeds, in addition to the deposit required 940
by this division, that person, after submitting proof of this 942
fact to its trustee THE TRUSTEES OF THE ENDOWMENT CARE TRUST, may 943
withdraw BE PAID A DISTRIBUTION IN the sum of fifty thousand 945
dollars from the endowment care fund TRUST. 946
(D) Any person desiring to operate or to continue to 948
22
operate any cemetery after July 1, 1970, shall place into the 949
endowment care fund TRUST as required by this section not less 950
than ten per cent of the gross sales proceeds received from the 952
sale of any burial lot, burial right, entombment right, or 953
columbarium right. This percentage shall be placed in the 954
endowment care fund TRUST no later than thirty days following the 955
month in which the entire gross sales are received, except that 957
in the event that a cemetery receives installment payments from 958
any purchaser of a burial lot, burial right, entombment right, or 959
columbarium right, during any six-month period, which would 960
require a deposit of one thousand dollars or more under this 961
section had the full purchase price been paid, then the cemetery 962
shall forthwith place the amount required under this section in 963
its limited real estate broker's escrow fund. Upon receipt of 964
the final installment payment, the cemetery shall transfer the 965
total amount required under this section to the endowment care 966
fund no later than thirty days following the month in which the 967
final payment is received. 968
(E) The custodians TRUSTEES of the endowment care fund 971
TRUST shall consist of at least three individuals who have been 972
residents of the county in which the cemetery is located for at 973
least one year, or a bank located in the state TRUST COMPANY 975
LICENSED UNDER CHAPTER 1111. OF THE REVISED CODE OR A NATIONAL
BANK OR FEDERAL SAVINGS ASSOCIATION THAT HAS SECURITIES PLEDGED 976
IN ACCORDANCE WITH SECTION 1111.04 OF THE REVISED CODE. IF A 978
PERSON OR ENTITY OTHER THAN A FINANCIAL INSTITUTION IS DESIGNATED 979
AS TRUSTEE, THE PERSON OR ENTITY SHALL BE BONDED BY A CORPORATE 980
SURETY BOND IN AN AMOUNT NOT LESS THAN ONE HUNDRED PER CENT OF 981
THE FUNDS HELD BY THE TRUSTEE. THE TRUSTEE OR ITS AGENT SHALL, 982
ON A CONTINUOUS BASIS, KEEP EXACT RECORDS AS TO THE AMOUNT OF 983
FUNDS UNDER ANY JOINT ACCOUNT OR TRUST INSTRUMENT BEING HELD FOR 984
THE INDIVIDUAL BENEFICIARIES SHOWING THE AMOUNT PAID, THE AMOUNT 985
DEPOSITED AND INVESTED, AND ACCRUALS AND INCOME. 986
The funds of the endowment care trust shall be held and 988
23
invested in the manner in which trust funds are permitted to be 989
held and invested pursuant to sections 2109.37 and 2109.371 of 990
the Revised Code. 991
The income from the endowment care fund shall be used only 993
for the maintenance, supervision, improvement, and preservation 994
of the grounds, lots, buildings, equipment, statuary, and other 995
real and personal property of the cemetery. 996
Annual reports of all the assets and investments of the 998
endowment care fund shall be prepared and maintained and shall be 1,000
available for inspection at reasonable times by any owner of
interment rights in the cemetery. 1,001
(F) Any person offering to sell or selling any burial lot, 1,003
burial right, entombment right, or columbarium right shall give 1,004
to the purchaser of the lot or right, at the time of sale, a 1,005
written agreement that identifies and unconditionally guarantees 1,007
to the purchaser the specific location of the lot or the specific
location to which the right applies. 1,008
(G) No person shall open or close any grave, crypt, or 1,011
niche for the interment of human remains in a cemetery without 1,012
the permission of the cemetery association or other entity having 1,013
control and management of the cemetery.
(H) Except as provided in division (G) of this section, 1,016
this section does not apply to any cemetery that is owned and 1,017
operated entirely and exclusively by churches, religious 1,018
societies, established fraternal organizations, municipal 1,019
corporations, or other political subdivisions of the state or to
a national cemetery. 1,020
(I) THE DIVIDEND AND INTEREST INCOME FROM THE ENDOWMENT 1,023
CARE TRUST SHALL BE USED ONLY FOR THE MAINTENANCE, SUPERVISION, 1,024
IMPROVEMENT, AND PRESERVATION OF THE GROUNDS, LOTS, BUILDINGS, 1,025
EQUIPMENT, STATUARY, AND OTHER REAL AND PERSONAL PROPERTY OF THE 1,026
CEMETERY.
(J)(1) ANNUAL REPORTS OF ALL THE ASSETS AND INVESTMENTS OF 1,029
THE ENDOWMENT CARE TRUST SHALL BE PREPARED AND MAINTAINED, AND 1,030
24
SHALL BE AVAILABLE FOR INSPECTION AT REASONABLE TIMES BY ANY 1,031
OWNER OF INTERMENT RIGHTS IN THE CEMETERY. 1,032
(2) EVERY CEMETERY REQUIRED TO ESTABLISH AND MAINTAIN AN 1,035
ENDOWMENT CARE TRUST SHALL FILE AN AFFIDAVIT ANNUALLY WITH THE
DIVISION OF REAL ESTATE OF THE DEPARTMENT OF COMMERCE, IN A FORM 1,037
PRESCRIBED BY THE DIVISION, CERTIFYING UNDER OATH EACH OF THE
FOLLOWING: 1,038
(a) THAT THE CEMETERY HAS DEPOSITED, AT THE TIME SPECIFIED 1,041
IN DIVISION (D) OF THIS SECTION, THE AMOUNTS REQUIRED BY THAT 1,043
DIVISION IN THE CEMETERY'S ENDOWMENT CARE TRUST; 1,044
(b) THAT ONLY DIVIDEND AND INTEREST INCOME HAVE BEEN PAID 1,047
FROM THE ENDOWMENT CARE TRUST, AND THE CEMETERY USED THE AMOUNTS 1,048
WITHDRAWN ONLY FOR THE PURPOSES SPECIFIED IN DIVISION (I) OF THIS 1,050
SECTION;
(c) THAT ALL PRINCIPAL AND CAPITAL GAINS HAVE REMAINED IN 1,053
THE ENDOWMENT CARE TRUST;
(d) THAT THE ENDOWMENT CARE TRUST HAS NOT BEEN USED TO 1,056
COLLATERALIZE OR GUARANTEE LOANS AND HAS NOT OTHERWISE BEEN 1,057
SUBJECTED TO ANY CONSENSUAL LIEN;
(e) THAT THE ENDOWMENT CARE TRUST IS INVESTED IN 1,060
COMPLIANCE WITH THE INVESTING STANDARDS SET FORTH IN SECTIONS 1,061
2109.37 AND 2109.371 OF THE REVISED CODE. 1,062
Sec. 1721.211. (A) As used in this section, "preneed 1,071
burial vault CEMETERY MERCHANDISE AND SERVICES contract" means a 1,073
written agreement, contract, or series of contracts to sell or 1,075
otherwise provide a AN OUTER burial vault CONTAINER, MONUMENT, 1,077
MARKER, URN, OTHER TYPE OF MERCHANDISE CUSTOMARILY SOLD BY
CEMETERIES, OR OPENING AND CLOSING SERVICES to be used OR 1,081
PROVIDED in connection with the final disposition of a dead human 1,083
body, where payment for the vault CONTAINER, MONUMENT, MARKER, 1,084
URN, OTHER TYPE OF MERCHANDISE CUSTOMARILY SOLD BY CEMETERIES, OR 1,085
OPENING AND CLOSING SERVICES is made either outright or on an 1,089
installment basis, prior to the death of the person so purchasing 1,090
it or for whom it is SO purchased. "Preneed burial vault 1,091
25
CEMETERY MERCHANDISE AND SERVICES contract" does not include any 1,092
preneed funeral contract, OR any agreement, contract, or series 1,093
of contracts pertaining to the sale of any burial lot, burial or 1,094
interment right, entombment right, or columbarium right with 1,095
respect to which an endowment care fund is established or is 1,096
exempt from establishment pursuant to section 1721.21 of the 1,097
Revised Code, or any agreement, contract, or series of contracts 1,098
pertaining to the sale of cemetery interment rights made by a 1,099
person licensed as a limited real estate broker or limited real 1,100
estate salesman pursuant to section 4735.091 of the Revised Code. 1,101
As used in this section, "financial institution" means a 1,104
bank in this state insured by the federal deposit insurance 1,105
corporation, or a savings and loan association in this state 1,106
insured by the federal deposit insurance corporation, or a credit 1,108
union authorized to do business in this state. 1,109
(B) Subject to the limitations and restrictions contained 1,111
in Chapters 1101. to 1127. of the Revised Code, a financial 1,113
institution has TRUST COMPANY LICENSED UNDER CHAPTER 1111. OF THE 1,115
REVISED CODE OR A NATIONAL BANK OR FEDERAL SAVINGS ASSOCIATION
THAT PLEDGES SECURITIES IN ACCORDANCE WITH SECTION 1111.04 OF THE 1,116
REVISED CODE OR THE INDIVIDUALS DESCRIBED IN DIVISION (C)(2) OF 1,118
THIS SECTION HAVE the power AS TRUSTEE to receive and TO hold on 1,119
deposit AND INVEST IN ACCORDANCE WITH SECTIONS 2109.37 AND 1,120
2109.371 OF THE REVISED CODE moneys under a preneed burial vault 1,121
CEMETERY MERCHANDISE AND SERVICES contract. 1,122
(C) Sixty per cent of all payments for burial vaults made 1,124
under a preneed burial vault (1) THE GREATER OF ONE HUNDRED TEN 1,126
PER CENT OF THE SELLER'S ACTUAL COST OR THIRTY PER CENT OF THE 1,127
SELLER'S RETAIL PRICE OF THE MERCHANDISE AND SEVENTY PER CENT OF 1,128
THE SELLER'S RETAIL PRICE OF THE SERVICES TO BE PROVIDED UNDER A 1,129
PRENEED CEMETERY MERCHANDISE AND SERVICES contract shall remain 1,131
intact as a fund until the death of the person for whose benefit 1,132
the agreement CONTRACT is made or the burial vaults are 1,133
MERCHANDISE IS delivered as set forth in division (K) of this 1,136
26
section. However, any deposit made MONEYS HELD pursuant to this 1,138
section shall be released upon demand of the person for whose 1,139
benefit such deposit THE CONTRACT was made or upon the demand of 1,141
the seller for its share of the deposited funds MONEYS HELD and 1,142
earned interest if the contract has been canceled as set forth in 1,143
division (G) of this section. 1,144
(2) THE TRUSTEE OF THE FUND DESCRIBED IN DIVISION (C)(1) 1,147
OF THIS SECTION SHALL BE A TRUST COMPANY LICENSED UNDER CHAPTER 1,148
1111. OF THE REVISED CODE OR A NATIONAL BANK OR FEDERAL SAVINGS
ASSOCIATION THAT PLEDGES SECURITIES IN ACCORDANCE WITH SECTION 1,149
1111.04 OF THE REVISED CODE OR AT LEAST THREE INDIVIDUALS WHO 1,150
HAVE BEEN RESIDENTS OF THE COUNTY IN WHICH THE SELLER IS LOCATED 1,151
FOR AT LEAST ONE YEAR, EACH OF WHOM SHALL BE BONDED BY A 1,153
CORPORATE SURETY IN AN AMOUNT THAT IS AT LEAST EQUAL TO THE
AMOUNT DEPOSITED IN THE FUND OF WHICH THOSE PERSONS SERVE AS 1,155
TRUSTEE. AMOUNTS IN THE FUND SHALL BE HELD AND INVESTED IN THE 1,157
MANNER IN WHICH TRUST FUNDS ARE PERMITTED TO BE HELD AND INVESTED
PURSUANT TO SECTIONS 2109.37 AND 2109.371 OF THE REVISED CODE. 1,159
(D) Within thirty days of AFTER the last business day of 1,162
the month in which the seller of burial vaults CEMETERY 1,163
MERCHANDISE OR SERVICES receives final contractual payment under 1,165
a preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,166
contract, the seller shall deposit the funds in a financial 1,167
institution DELIVER THE GREATER OF ONE HUNDRED TEN PER CENT OF 1,168
THE SELLER'S ACTUAL COST OR THIRTY PER CENT OF THE SELLER'S 1,169
RETAIL PRICE OF THE MERCHANDISE AND SEVENTY PER CENT OF THE 1,170
SELLER'S CURRENT RETAIL PRICE OF THE SERVICES AS OF THE TIME THE 1,171
FINAL CONTRACTUAL PAYMENT IS RECEIVED TO A TRUSTEE OR TO TRUSTEES 1,173
AS DESCRIBED IN DIVISION (C)(2) OF THIS SECTION, and the funds 1,175
MONEYS and accruals or income thereon ON THE MONEYS shall be held 1,176
in an account A FUND AND DESIGNATED for the person for whose 1,178
benefit the fund was established as a preneed burial vault 1,181
CEMETERY MERCHANDISE AND SERVICES contract account FUND. 1,182
(E) The funds to be deposited MONEYS RECEIVED from more 1,184
27
than one preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,187
contract may, at the option of the persons for whose benefit the 1,189
deposits CONTRACTS are made, be placed in a common or pooled 1,190
trust fund in this state under a single trust instrument or in a 1,191
joint account provided that if the funds are placed in a common 1,194
or pooled trust fund, a financial institution, if designated as 1,195
trustee, shall have previously qualified for and received trust 1,196
powers from the comptroller of the currency or the superintendent 1,197
of financial institutions if the trustee is a bank, or from the 1,199
federal home loan bank board or the superintendent of financial 1,200
institutions if the trustee is a savings and loan association. 1,202
If a person or entity other than a financial institution is THREE 1,203
INDIVIDUALS ARE designated as trustee THE TRUSTEES AS PROVIDED IN 1,205
DIVISION (C)(2) OF THIS SECTION, the person or entity THEY shall 1,206
be bonded by a corporate surety bond in an amount not less than 1,208
one hundred per cent of the funds held by the trustee THEM AS 1,209
TRUSTEES. The trustee or its agent shall, on a continuous 1,211
basis, keep exact records as to the amount of funds under any 1,212
joint account or A SINGLE trust instrument being held for the 1,214
individual beneficiaries showing the amount paid, the amount
deposited and invested, and accruals and income. 1,215
(F) The seller or provider of burial vaults MERCHANDISE OR 1,217
SERVICES under a preneed burial vault CEMETERY MERCHANDISE AND 1,219
SERVICES contract shall annually submit to the Ohio real estate 1,221
commission such reports as the commission requires DIVISION OF 1,222
REAL ESTATE OF THE DEPARTMENT OF COMMERCE AN AFFIDAVIT IN A FORM 1,223
PRESCRIBED BY THE DIVISION, SWORN UNDER OATH, SPECIFYING EACH OF 1,224
THE FOLLOWING:
(1) THAT WITHIN THE TIME SPECIFIED IN DIVISION (D) OF THIS 1,227
SECTION, THE AMOUNTS REQUIRED BY THAT DIVISION WERE DEPOSITED IN 1,228
AN APPROPRIATE FUND; 1,229
(2) THAT THE FUND HAS NOT BEEN USED TO COLLATERALIZE OR 1,232
GUARANTEE LOANS AND HAS NOT OTHERWISE BEEN SUBJECTED TO ANY
CONSENSUAL LIEN; 1,233
28
(3) THAT THE FUND IS INVESTED IN COMPLIANCE WITH THE 1,235
INVESTING STANDARDS SET FORTH IN SECTIONS 2109.37 AND 2109.371 OF 1,237
THE REVISED CODE;
(4) THAT NO MONEYS HAVE BEEN REMOVED FROM THE FUND, EXCEPT 1,240
AS PROVIDED FOR IN THIS SECTION.
(G) Any THIS DIVISION IS SUBJECT TO DIVISION (I) OF THIS 1,242
SECTION. 1,243
ANY person upon initially entering into a preneed burial 1,246
vault CEMETERY MERCHANDISE AND SERVICES contract may, within 1,247
seven days, cancel the contract and request and receive from the 1,248
seller one hundred per cent of all payments made under the 1,249
contract. After the expiration of the above period, any person 1,250
who has entered into a preneed burial vault CEMETERY MERCHANDISE 1,251
AND SERVICES contract may, on not less than fifteen days' notice, 1,252
cancel the contract and request and receive from the seller sixty 1,253
per cent of the payments made under the contract which have been 1,254
deposited in a fund pursuant to divisions (C) and (D) of this 1,255
section PAID up to the time of cancellation; except that, if a 1,257
preneed burial vault CEMETERY MERCHANDISE AND SERVICES contract 1,259
stipulates a firm or fixed or guaranteed price for the burial 1,261
vault MERCHANDISE OR SERVICES for future use at a time determined 1,262
by the death of the person on behalf of whom payments are made, 1,263
the person who has entered into the contract may, if the burial 1,264
vault MERCHANDISE has not been delivered OR THE SERVICES HAVE NOT 1,266
BEEN PERFORMED as set forth in division (K) OR (L) of this 1,267
section, on not less than fifteen days' notice, cancel the 1,268
contract and receive from the seller sixty per cent of the 1,269
principal paid pursuant to division (C) of this section THE 1,270
CONTRACT and not less than eighty per cent of any interest paid, 1,272
up to the time of cancellation, and not less than eighty per cent 1,273
of any accrual or income earned while the funds MONEYS have 1,274
remained on deposit BEEN HELD pursuant to divisions (C) and (D) 1,276
of this section, up to the time of cancellation. Upon 1,277
cancellation, after the funds MONEYS have been distributed to the 1,279
29
beneficiary pursuant to this division, all funds remaining on 1,280
deposit MONEYS BEING HELD pursuant to divisions (C) and (D) of 1,281
this section shall be paid to the seller. If more than one 1,282
person enters into the contract, all of those persons must 1,283
request cancellation for it to be effective under this division. 1,284
In such a case, the seller shall refund to each person only those 1,285
funds MONEYS that each person has paid under the contract. 1,286
(H) Upon receipt of a certified copy of the certificate of 1,288
death or evidence of delivery of the burial vaults MERCHANDISE OR 1,289
PERFORMANCE OF THE SERVICES pursuant to division (K) OR (L) of 1,291
this section, the financial institution TRUSTEE DESCRIBED IN 1,292
DIVISION (C)(2) OF THIS SECTION or its agent, shall forthwith pay 1,294
the funds FUND and accumulated interest, if any, to the person 1,296
entitled thereto TO THEM under the preneed burial vault CEMETERY 1,297
MERCHANDISE AND SERVICES contract. The payment of such funds THE 1,298
FUND and accumulated interest pursuant to this section, either to 1,299
a provider SELLER or person making the payments, shall relieve 1,301
the financial institution TRUSTEE of any further liability on 1,303
such funds THE FUND or accumulated interest. 1,304
(I) No preneed burial vault contract shall restrict any 1,306
contract buyer from making his contract irrevocable 1,307
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, ANY PRENEED 1,309
CEMETERY MERCHANDISE AND SERVICES CONTRACT MAY SPECIFY THAT IT IS 1,310
IRREVOCABLE. ALL IRREVOCABLE PRENEED CEMETERY MERCHANDISE AND 1,311
SERVICES CONTRACTS SHALL INCLUDE A CLEAR AND CONSPICUOUS 1,312
DISCLOSURE OF IRREVOCABILITY IN THE CONTRACT AND ANY PERSON 1,313
ENTERING INTO AN IRREVOCABLE PRENEED CEMETERY MERCHANDISE AND
SERVICES CONTRACT SHALL SIGN A SEPARATE ACKNOWLEDGMENT OF THE 1,314
PERSON'S WAIVER OF THE RIGHT TO REVOKE. IF A CONTRACT SATISFIES 1,315
THE REQUIREMENTS OF THIS DIVISION, DIVISION (G) OF THIS SECTION 1,317
DOES NOT APPLY TO THAT CONTRACT. 1,318
(J) Any preneed burial vault CEMETERY MERCHANDISE AND 1,320
SERVICES contract that involves the payment of money must SHALL 1,322
be in writing and in compliance with the laws and rules of this 1,324
30
state.
(K) For purposes of this section, the seller is deemed 1,326
CONSIDERED to have delivered burial vaults MERCHANDISE pursuant 1,328
to a preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,329
contract when EITHER OF THE FOLLOWING OCCUR: 1,330
(1) The seller makes actual delivery of the vault 1,332
MERCHANDISE to the beneficiary OR THE SELLER PAYS FOR THE 1,334
MERCHANDISE AND IDENTIFIES IT AS BEING STORED FOR THE BENEFIT OF 1,335
THE BENEFICIARY AT A MANUFACTURER'S WAREHOUSE; or 1,336
(2)(a) The seller receives delivery of the vault 1,338
MERCHANDISE on behalf of the beneficiary; and ALL OF THE 1,341
FOLLOWING OCCUR:
(b)(a) The vault MERCHANDISE is permanently affixed to or 1,344
stored upon the real property of a cemetery located in this 1,346
state; and.
(c)(b) The seller notifies the beneficiary of receipt of 1,348
the vault MERCHANDISE and identifies the specific location of the 1,349
vault MERCHANDISE; and. 1,350
(d)(c) The seller at the time of the beneficiary's final 1,352
payment, provides the beneficiary with evidence of ownership in 1,353
the beneficiary's name showing the burial vaults MERCHANDISE to 1,354
be free and clear of any liens or other encumbrances. 1,356
(L) FOR PURPOSES OF THIS SECTION, A SELLER IS CONSIDERED 1,358
TO HAVE PERFORMED SERVICES PURSUANT TO A PRENEED CEMETERY 1,359
MERCHANDISE AND SERVICES CONTRACT WHEN THE BENEFICIARY'S NEXT OF 1,360
KIN SIGNS A WRITTEN STATEMENT THAT THE SERVICES HAVE BEEN 1,361
PERFORMED OR, IF NO NEXT OF KIN OF THE BENEFICIARY CAN BE LOCATED 1,362
THROUGH REASONABLE DILIGENCE, WHEN THE OWNER OR OTHER PERSON 1,363
RESPONSIBLE FOR THE OPERATION OF THE CEMETERY SIGNS A STATEMENT 1,364
OF THAT NATURE.
(M) Notwithstanding any other provision of this chapter, 1,366
any trust may be charged a trustee's fee, which is to be deducted 1,367
from the earned income or accruals on that trust. The fee shall 1,368
not exceed the amount which THAT is regularly or usually charged 1,369
31
for similar services rendered by the financial institution 1,371
TRUSTEE DESCRIBED IN DIVISION (C)(2) OF THIS SECTION when serving 1,373
as a trustee.
(M)(N) The general assembly intends that this section be 1,375
construed as a limitation upon the manner in which a person is 1,376
permitted to accept funds MONEYS in prepayment for burial vaults 1,378
MERCHANDISE AND SERVICES to be delivered OR PROVIDED in the 1,380
future, or burial vaults MERCHANDISE AND SERVICES to be used OR 1,381
PROVIDED in connection with the final disposition of human 1,382
remains, to the end that at all times members of the public may 1,383
have an opportunity to arrange and pay for burial vaults 1,384
MERCHANDISE AND SERVICES for themselves and their families in 1,386
advance of need while at the same time providing all possible 1,387
safeguards whereunder the prepaid funds MONEYS cannot be 1,389
dissipated, whether intentionally or not, so as to be available 1,390
for the payment of burial vaults FOR MERCHANDISE AND SERVICES and 1,391
the providing of burial vaults MERCHANDISE AND SERVICES used OR 1,392
PROVIDED in connection with the final disposition of dead human 1,394
bodies.
(N)(O) This section does not apply when the seller or 1,396
provider of burial vaults MERCHANDISE OR SERVICES under a preneed 1,398
burial vault CEMETERY MERCHANDISE AND SERVICES contract is an 1,399
established and legally cognizable church or denomination that is 1,400
exempt from federal income taxation under section 501(c)(3) of 1,401
the "Internal Revenue Code of 1954," 26 U.S.C.A. 501, and the 1,402
preneed burial vault CEMETERY MERCHANDISE AND SERVICES contract 1,403
pertains to a cemetery which THAT is owned and operated entirely 1,404
and exclusively by the church or denomination; provided that the 1,405
church or denomination adopts, on a voluntary basis, rules and 1,406
other measures to safeguard and secure all funds MONEYS received 1,407
under a preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,409
contract.
(P) THIS SECTION DOES NOT PROHIBIT PERSONS OTHER THAN 1,411
CEMETERY CORPORATIONS OR ASSOCIATIONS FROM SELLING OUTER BURIAL 1,412
32
CONTAINERS, MONUMENTS, MARKERS, URNS, OR OTHER TYPES OF 1,414
MERCHANDISE CUSTOMARILY SOLD BY CEMETERIES PURSUANT TO A PRENEED 1,415
CEMETERY MERCHANDISE AND SERVICES CONTRACT; HOWEVER ALL SELLERS 1,416
OF MERCHANDISE PURSUANT TO A PRENEED CEMETERY MERCHANDISE AND 1,417
SERVICES CONTRACT SHALL COMPLY WITH THIS SECTION UNLESS THE
SELLER IS SPECIFICALLY EXEMPT FROM THIS SECTION. 1,418
(Q) ANY CONTRACT FOR PRENEED SERVICES OR MERCHANDISE 1,420
ENTERED INTO WITH A CEMETERY NOT REGISTERED UNDER SECTION 4767.03 1,421
OF THE REVISED CODE IS VOIDABLE.
Sec. 1733.51. A credit union may, subject to sections 1,430
1111.19 and 1721.211 of the Revised Code, receive and hold on 1,432
deposit moneys under a preneed funeral contract or preneed burial 1,433
CEMETERY MERCHANDISE AND SERVICES contract. 1,434
Sec. 2117.25. Every executor or administrator shall 1,443
proceed with diligence to pay the debts of the decedent, and 1,444
shall apply the assets in the following order: 1,445
(A) Costs and expenses of administration; 1,447
(B) Except as provided in section 2117.251 of the Revised 1,449
Code, an AN amount, not exceeding two thousand dollars, for 1,450
funeral and burial expenses that are included in the bill of a 1,451
funeral director, and funeral expenses other than those in the 1,452
bill of a funeral director that are approved by the probate 1,453
court;, AND AN AMOUNT, NOT EXCEEDING TWO THOUSAND DOLLARS, FOR 1,455
BURIAL AND CEMETERY EXPENSES, INCLUDING THAT PORTION OF THE 1,456
FUNERAL DIRECTOR'S BILL ALLOCATED TO CEMETERY EXPENSES THAT HAVE 1,457
BEEN PAID TO THE CEMETERY BY THE FUNERAL DIRECTOR. 1,458
FOR PURPOSES OF THIS DIVISION, BURIAL AND CEMETERY EXPENSES 1,461
SHALL BE LIMITED TO THE FOLLOWING:
(1) THE PURCHASE OF A PLACE OF INTERMENT; 1,463
(2) MONUMENTS OR OTHER MARKERS; 1,465
(3) THE OUTER BURIAL CONTAINER; 1,467
(4) THE COST OF OPENING AND CLOSING THE PLACE OF 1,469
INTERMENT; 1,470
(5) THE URN. 1,472
33
(C) The allowance for support made to the surviving 1,474
spouse, minor children, or both under section 2106.13 of the 1,475
Revised Code; 1,476
(D) Debts entitled to a preference under the laws of the 1,478
United States; 1,479
(E) Expenses of the last sickness of the decedent; 1,481
(F) Except as provided in section 2117.251 of the Revised 1,483
Code, if IF the total bill of a funeral director for funeral and 1,484
burial expenses exceeds two thousand dollars, then, in addition 1,485
to the amount described in division (B) of this section, an 1,486
amount, not exceeding one thousand dollars, for funeral and 1,487
burial expenses that are included in the bill and that exceed two 1,488
thousand dollars; 1,489
(G) Personal property taxes and obligations for which the 1,491
decedent was personally liable to the state or any of its 1,492
subdivisions; 1,493
(H) Debts for manual labor performed for the decedent 1,495
within twelve months preceding the decedent's death, not 1,496
exceeding three hundred dollars to any one person; 1,497
(I) Except as provided in section 2117.251 of the Revised 1,499
Code, other OTHER debts for which claims have been presented and 1,500
finally allowed. 1,501
The part of the bill of a funeral director that exceeds the 1,503
total of three thousand dollars as described in divisions (B) and 1,504
(F) of this section, and the part of a claim included in division 1,505
(H) of this section that exceeds three hundred dollars shall be 1,506
included as a debt under division (I) or (J) of this section, 1,507
depending upon the time when the claim for the additional amount 1,508
is presented.
Chapters 2113. to 2125. of the Revised Code, relating to 1,510
the manner in which and the time within which claims shall be 1,511
presented, shall apply to claims set forth in divisions (B), (F), 1,512
and (H) of this section. Claims for an expense of administration 1,513
or for the allowance for support need not be presented. The 1,514
34
executor or administrator shall pay debts included in divisions 1,515
(D) and (G) of this section, of which he THE EXECUTOR OR 1,516
ADMINISTRATOR has knowledge, regardless of presentation. 1,517
The giving of written notice to an executor or 1,519
administrator of a motion or application to revive an action 1,520
pending against the decedent at the date of death shall be 1,521
equivalent to the presentation of a claim to the executor or 1,522
administrator for the purpose of determining the order of payment 1,523
of any judgment rendered or decree entered in such an action. 1,524
No payments shall be made to creditors of one class until 1,526
all those of the preceding class are fully paid or provided for. 1,527
If the assets are insufficient to pay all the claims of one 1,528
class, the creditors of that class shall be paid ratably. 1,529
If it appears at any time that the assets have been 1,531
exhausted in paying prior or preferred charges, allowances, or 1,532
claims, such payments shall be a bar to an action on any claim 1,533
not entitled to such priority or preference. 1,534
Sec. 2925.01. As used in this chapter: 1,543
(A) "Administer," "controlled substance," "dispense," 1,545
"distribute," "hypodermic," "manufacturer," "official written 1,547
order," "person," "pharmacist," "pharmacy," "sale," "schedule I," 1,549
"schedule II," "schedule III," "schedule IV," "schedule V," and 1,550
"wholesaler" have the same meanings as in section 3719.01 of the 1,551
Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the 1,553
same meanings as in section 3719.011 of the Revised Code. 1,554
(C) "Drug," "dangerous drug," "licensed health 1,556
professional authorized to prescribe drugs," and "prescription" 1,558
have the same meanings as in section 4729.01 of the Revised Code. 1,559
(D) "Bulk amount" of a controlled substance means any of 1,561
the following: 1,562
(1) For any compound, mixture, preparation, or substance 1,564
included in schedule I, schedule II, or schedule III, with the 1,566
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
35
except as provided in division (D)(2) or (5) of this section, 1,568
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or 1,570
twenty-five unit doses of a compound, mixture, preparation, or 1,571
substance that is or contains any amount of a schedule I opiate 1,572
or opium derivative; 1,573
(b) An amount equal to or exceeding ten grams of a 1,576
compound, mixture, preparation, or substance that is or contains 1,577
any amount of raw or gum opium; 1,578
(c) An amount equal to or exceeding thirty grams or ten 1,581
unit doses of a compound, mixture, preparation, or substance that 1,582
is or contains any amount of a schedule I hallucinogen other than 1,583
tetrahydrocannabinol or lysergic acid amide, or a schedule I 1,586
stimulant or depressant; 1,587
(d) An amount equal to or exceeding twenty grams or five 1,590
times the maximum daily dose in the usual dose range specified in 1,591
a standard pharmaceutical reference manual of a compound, 1,592
mixture, preparation, or substance that is or contains any amount 1,593
of a schedule II opiate or opium derivative; 1,594
(e) An amount equal to or exceeding five grams or ten unit 1,596
doses of a compound, mixture, preparation, or substance that is 1,597
or contains any amount of phencyclidine; 1,598
(f) An amount equal to or exceeding one hundred twenty 1,600
grams or thirty times the maximum daily dose in the usual dose 1,601
range specified in a standard pharmaceutical reference manual of 1,602
a compound, mixture, preparation, or substance that is or 1,603
contains any amount of a schedule II stimulant that is in a final 1,604
dosage form manufactured by a person authorized by the "Federal 1,605
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 1,607
301, as amended, and the federal drug abuse control laws, as 1,608
defined in section 3719.01 of the Revised Code, that is or
contains any amount of a schedule II depressant substance or a 1,610
schedule II hallucinogenic substance;
(g) An amount equal to or exceeding three grams of a 1,613
36
compound, mixture, preparation, or substance that is or contains 1,614
any amount of a schedule II stimulant, or any of its salts or 1,615
isomers, that is not in a final dosage form manufactured by a 1,616
person authorized by the Federal Food, Drug, and Cosmetic Act and 1,617
the federal drug abuse control laws. 1,618
(2) An amount equal to or exceeding one hundred twenty 1,621
grams or thirty times the maximum daily dose in the usual dose 1,622
range specified in a standard pharmaceutical reference manual of 1,624
a compound, mixture, preparation, or substance that is or 1,626
contains any amount of a schedule III or IV substance other than 1,628
an anabolic steroid or a schedule III opiate or opium derivative; 1,629
(3) An amount equal to or exceeding twenty grams or five 1,631
times the maximum daily dose in the usual dose range specified in 1,632
a standard pharmaceutical reference manual of a compound, 1,633
mixture, preparation, or substance that is or contains any amount 1,635
of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty 1,637
milliliters or two hundred fifty grams of a compound, mixture, 1,638
preparation, or substance that is or contains any amount of a 1,639
schedule V substance; 1,640
(5) An amount equal to or exceeding two hundred solid 1,643
dosage units, sixteen grams, or sixteen milliliters of a 1,644
compound, mixture, preparation, or substance that is or contains 1,645
any amount of a schedule III anabolic steroid. 1,646
(E) "Unit dose" means an amount or unit of a compound, 1,648
mixture, or preparation containing a controlled substance that is 1,649
separately identifiable and in a form that indicates that it is 1,651
the amount or unit by which the controlled substance is 1,652
separately administered to or taken by an individual. 1,653
(F) "Cultivate" includes planting, watering, fertilizing, 1,655
or tilling. 1,656
(G) "Drug abuse offense" means any of the following: 1,658
(1) A violation of division (A) of section 2913.02 that 1,660
constitutes theft of drugs, or a violation of section 2925.02, 1,661
37
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 1,662
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the 1,664
Revised Code;
(2) A violation of an existing or former law of this or 1,666
any other state or of the United States that is substantially 1,667
equivalent to any section listed in division (G)(1) of this 1,668
section; 1,669
(3) An offense under an existing or former law of this or 1,671
any other state, or of the United States, of which planting, 1,672
cultivating, harvesting, processing, making, manufacturing, 1,673
producing, shipping, transporting, delivering, acquiring, 1,674
possessing, storing, distributing, dispensing, selling, inducing 1,675
another to use, administering to another, using, or otherwise 1,676
dealing with a controlled substance is an element; 1,677
(4) A conspiracy to commit, attempt to commit, or 1,679
complicity in committing or attempting to commit any offense 1,680
under division (G)(1), (2), or (3) of this section. 1,681
(H) "Felony drug abuse offense" means any drug abuse 1,683
offense that would constitute a felony under the laws of this 1,684
state, any other state, or the United States. 1,685
(I) "Harmful intoxicant" does not include beer or 1,687
intoxicating liquor but means any compound, mixture, preparation, 1,689
or substance the gas, fumes, or vapor of which when inhaled can 1,690
induce intoxication, excitement, giddiness, irrational behavior, 1,691
depression, stupefaction, paralysis, unconsciousness, 1,692
asphyxiation, or other harmful physiological effects, and 1,693
includes, but is not limited to, any of the following: 1,694
(1) Any volatile organic solvent, plastic cement, model 1,696
cement, fingernail polish remover, lacquer thinner, cleaning 1,697
fluid, gasoline, or other preparation containing a volatile 1,698
organic solvent; 1,699
(2) Any aerosol propellant; 1,701
(3) Any fluorocarbon refrigerant; 1,703
(4) Any anesthetic gas. 1,705
38
(J) "Manufacture" means to plant, cultivate, harvest, 1,707
process, make, prepare, or otherwise engage in any part of the 1,708
production of a drug, by propagation, extraction, chemical 1,709
synthesis, or compounding, or any combination of the same, and 1,710
includes packaging, repackaging, labeling, and other activities 1,711
incident to production. 1,712
(K) "Possess" or "possession" means having control over a 1,714
thing or substance, but may not be inferred solely from mere 1,715
access to the thing or substance through ownership or occupation 1,716
of the premises upon which the thing or substance is found. 1,717
(L) "Sample drug" means a drug or pharmaceutical 1,719
preparation that would be hazardous to health or safety if used 1,720
without the supervision of a licensed health professional 1,722
authorized to prescribe drugs, or a drug of abuse, and that, at 1,723
one time, had been placed in a container plainly marked as a 1,724
sample by a manufacturer.
(M) "Standard pharmaceutical reference manual" means the 1,726
current edition, with cumulative changes if any, of any of the 1,727
following reference works: 1,728
(1) "The National Formulary"; 1,730
(2) "The United States Pharmacopeia," prepared by 1,732
authority of the United States Pharmacopeial Convention, Inc.; 1,733
(3) Other standard references that are approved by the 1,735
state board of pharmacy. 1,736
(N) "Juvenile" means a person under eighteen years of age. 1,738
(O) "Counterfeit controlled substance" means any of the 1,740
following: 1,741
(1) Any drug that bears, or whose container or label 1,743
bears, a trademark, trade name, or other identifying mark used 1,744
without authorization of the owner of rights to that trademark, 1,745
trade name, or identifying mark; 1,746
(2) Any unmarked or unlabeled substance that is 1,748
represented to be a controlled substance manufactured, processed, 1,749
packed, or distributed by a person other than the person that 1,750
39
manufactured, processed, packed, or distributed it; 1,751
(3) Any substance that is represented to be a controlled 1,753
substance but is not a controlled substance or is a different 1,754
controlled substance; 1,755
(4) Any substance other than a controlled substance that a 1,757
reasonable person would believe to be a controlled substance 1,758
because of its similarity in shape, size, and color, or its 1,759
markings, labeling, packaging, distribution, or the price for 1,760
which it is sold or offered for sale. 1,761
(P) An offense is "committed in the vicinity of a school" 1,763
if the offender commits the offense on school premises, in a 1,764
school building, or within one thousand feet of the boundaries of 1,765
any school premises.
(Q) "School" means any school operated by a board of 1,767
education or any school for which the state board of education 1,768
prescribes minimum standards under section 3301.07 of the Revised 1,769
Code, whether or not any instruction, extracurricular activities, 1,770
or training provided by the school is being conducted at the time 1,771
a criminal offense is committed. 1,772
(R) "School premises" means either of the following: 1,774
(1) The parcel of real property on which any school is 1,776
situated, whether or not any instruction, extracurricular 1,777
activities, or training provided by the school is being conducted 1,778
on the premises at the time a criminal offense is committed; 1,779
(2) Any other parcel of real property that is owned or 1,781
leased by a board of education of a school or the governing body 1,782
of a school for which the state board of education prescribes 1,783
minimum standards under section 3301.07 of the Revised Code and 1,784
on which some of the instruction, extracurricular activities, or 1,785
training of the school is conducted, whether or not any 1,786
instruction, extracurricular activities, or training provided by 1,787
the school is being conducted on the parcel of real property at 1,788
the time a criminal offense is committed. 1,789
(S) "School building" means any building in which any of 1,791
40
the instruction, extracurricular activities, or training provided 1,792
by a school is conducted, whether or not any instruction, 1,793
extracurricular activities, or training provided by the school is 1,794
being conducted in the school building at the time a criminal 1,795
offense is committed. 1,796
(T) "Disciplinary counsel" means the disciplinary counsel 1,798
appointed by the board of commissioners on grievances and 1,799
discipline of the supreme court under the Rules for the 1,800
Government of the Bar of Ohio. 1,801
(U) "Certified grievance committee" means a duly 1,803
constituted and organized committee of the Ohio state bar 1,804
association or of one or more local bar associations of the state 1,805
of Ohio that complies with the criteria set forth in Rule V, 1,806
section 6 of the Rules for the Government of the Bar of Ohio. 1,807
(V) "Professional license" means any license, permit, 1,809
certificate, registration, qualification, admission, temporary 1,810
license, temporary permit, temporary certificate, or temporary 1,811
registration that is described in divisions (W)(1) to (35) of 1,812
this section and that qualifies a person as a professionally 1,813
licensed person. 1,814
(W) "Professionally licensed person" means any of the 1,816
following: 1,817
(1) A person who has obtained a license as a manufacturer 1,819
of controlled substances or a wholesaler of controlled substances 1,820
under Chapter 3719. of the Revised Code; 1,821
(2) A person who has received a certificate or temporary 1,823
certificate as a certified public accountant or who has 1,824
registered as a public accountant under Chapter 4701. of the 1,825
Revised Code and who holds an Ohio permit issued under that 1,826
chapter; 1,827
(3) A person who holds a certificate of qualification to 1,829
practice architecture issued or renewed and registered under 1,830
Chapter 4703. of the Revised Code; 1,831
(4) A person who is registered as a landscape architect 1,833
41
under Chapter 4703. of the Revised Code or who holds a permit as 1,834
a landscape architect issued under that chapter; 1,835
(5) A person licensed as an auctioneer or apprentice 1,837
auctioneer or licensed to operate an auction company under 1,838
Chapter 4707. of the Revised Code; 1,839
(6) A person who has been issued a certificate of 1,841
registration as a registered barber under Chapter 4709. of the 1,842
Revised Code; 1,843
(7) A person licensed and regulated to engage in the 1,845
business of a debt pooling company by a legislative authority, 1,846
under authority of Chapter 4710. of the Revised Code; 1,847
(8) A person who has been issued a cosmetologist's 1,849
license, manicurist's license, esthetician's license, managing 1,850
cosmetologist's license, managing manicurist's license, managing 1,851
esthetician's license, cosmetology instructor's license, 1,852
manicurist instructor's license, esthetician instructor's 1,853
license, or tanning facility permit under Chapter 4713. of the 1,854
Revised Code; 1,855
(9) A person who has been issued a license to practice 1,857
dentistry, a general anesthesia permit, a conscious intravenous 1,858
sedation permit, a limited resident's license, a limited teaching 1,859
license, a dental hygienist's license, or a dental hygienist's 1,860
teacher's certificate under Chapter 4715. of the Revised Code; 1,861
(10) A person who has been issued an embalmer's license, a 1,863
funeral director's license, a funeral home license, or a 1,864
crematory license, or who has been registered for an embalmer's 1,865
or funeral director's apprenticeship under Chapter 4717. of the 1,866
Revised Code;
(11) A person who has been licensed as a registered nurse 1,868
or practical nurse, or who has been issued a certificate for the 1,869
practice of nurse-midwifery under Chapter 4723. of the Revised 1,870
Code; 1,871
(12) A person who has been licensed to practice optometry 1,873
or to engage in optical dispensing under Chapter 4725. of the 1,874
42
Revised Code; 1,875
(13) A person licensed to act as a pawnbroker under 1,877
Chapter 4727. of the Revised Code; 1,878
(14) A person licensed to act as a precious metals dealer 1,880
under Chapter 4728. of the Revised Code; 1,881
(15) A person licensed as a pharmacist, a pharmacy intern, 1,884
a wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised 1,885
Code; 1,886
(16) A person who is authorized to practice as a physician 1,888
assistant under Chapter 4730. of the Revised Code; 1,889
(17) A person who has been issued a certificate to 1,891
practice medicine and surgery, osteopathic medicine and surgery, 1,892
a limited branch of medicine, or podiatry under Chapter 4731. of 1,894
the Revised Code;
(18) A person licensed as a psychologist or school 1,896
psychologist under Chapter 4732. of the Revised Code; 1,897
(19) A person registered to practice the profession of 1,899
engineering or surveying under Chapter 4733. of the Revised Code; 1,900
(20) A person who has been issued a license to practice 1,903
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker, OR 1,905
real estate salesperson, limited real estate broker, or limited 1,906
real estate salesperson under Chapter 4735. of the Revised Code; 1,907
(22) A person registered as a registered sanitarian under 1,909
Chapter 4736. of the Revised Code; 1,910
(23) A person licensed to operate or maintain a junkyard 1,912
under Chapter 4737. of the Revised Code; 1,913
(24) A person who has been issued a motor vehicle salvage 1,915
dealer's license under Chapter 4738. of the Revised Code; 1,916
(25) A person who has been licensed to act as a steam 1,918
engineer under Chapter 4739. of the Revised Code; 1,919
(26) A person who has been issued a license or temporary 1,921
permit to practice veterinary medicine or any of its branches, or 1,922
43
who is registered as a graduate animal technician under Chapter 1,923
4741. of the Revised Code; 1,924
(27) A person who has been issued a hearing aid dealer's 1,926
or fitter's license or trainee permit under Chapter 4747. of the 1,927
Revised Code; 1,928
(28) A person who has been issued a class A, class B, or 1,930
class C license or who has been registered as an investigator or 1,931
security guard employee under Chapter 4749. of the Revised Code; 1,932
(29) A person licensed and registered to practice as a 1,934
nursing home administrator under Chapter 4751. of the Revised 1,935
Code; 1,936
(30) A person licensed to practice as a speech-language 1,938
pathologist or audiologist under Chapter 4753. of the Revised 1,940
Code;
(31) A person issued a license as an occupational 1,942
therapist or physical therapist under Chapter 4755. of the 1,943
Revised Code; 1,944
(32) A person who is licensed as a professional clinical 1,946
counselor or professional counselor, licensed as a social worker 1,947
or independent social worker, or registered as a social work 1,948
assistant under Chapter 4757. of the Revised Code; 1,949
(33) A person issued a license to practice dietetics under 1,951
Chapter 4759. of the Revised Code; 1,952
(34) A person who has been issued a license or limited 1,955
permit to practice respiratory therapy under Chapter 4761. of the 1,956
Revised Code; 1,957
(35) A person who has been issued a real estate appraiser 1,959
certificate under Chapter 4763. of the Revised Code. 1,960
(X) "Cocaine" means any of the following: 1,962
(1) A cocaine salt, isomer, or derivative, a salt of a 1,964
cocaine isomer or derivative, or the base form of cocaine; 1,965
(2) Coca leaves or a salt, compound, derivative, or 1,967
preparation of coca leaves, including ecgonine, a salt, isomer, 1,968
or derivative of ecgonine, or a salt of an isomer or derivative 1,969
44
of ecgonine; 1,970
(3) A salt, compound, derivative, or preparation of a 1,972
substance identified in division (X)(1) or (2) of this section 1,974
that is chemically equivalent to or identical with any of those 1,975
substances, except that the substances shall not include 1,976
decocainized coca leaves or extraction of coca leaves if the 1,977
extractions do not contain cocaine or ecgonine. 1,978
(Y) "L.S.D." means lysergic acid diethylamide. 1,981
(Z) "Hashish" means the resin or a preparation of the 1,983
resin contained in marihuana, whether in solid form or in a 1,984
liquid concentrate, liquid extract, or liquid distillate form. 1,985
(AA) "Marihuana" has the same meaning as in section 1,987
3719.01 of the Revised Code, except that it does not include 1,989
hashish.
(BB) An offense is "committed in the vicinity of a 1,991
juvenile" if the offender commits the offense within one hundred 1,993
feet of a juvenile or within the view of a juvenile, regardless 1,994
of whether the offender knows the age of the juvenile, whether 1,995
the offender knows the offense is being committed within one 1,996
hundred feet of or within view of the juvenile, or whether the 1,997
juvenile actually views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that 1,999
a prison term shall be imposed" means a presumption, as described 2,000
in division (D) of section 2929.13 of the Revised Code, that a 2,001
prison term is a necessary sanction for a felony in order to 2,002
comply with the purposes and principles of sentencing under 2,003
section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in 2,005
section 2929.01 of the Revised Code. 2,006
(EE) "Minor drug possession offense" means either of the 2,008
following: 2,009
(1) A violation of section 2925.11 of the Revised Code as 2,011
it existed prior to July 1, 1996; 2,012
(2) A violation of section 2925.11 of the Revised Code as 2,014
45
it exists on and after July 1, 1996, that is a misdemeanor or a 2,015
felony of the fifth degree. 2,016
(FF) "Mandatory prison term" has the same meaning as in 2,019
section 2929.01 of the Revised Code.
(GG) "Crack cocaine" means a compound, mixture, 2,021
preparation, or substance that is or contains any amount of 2,022
cocaine that is analytically identified as the base form of 2,023
cocaine or that is in a form that resembles rocks or pebbles 2,024
generally intended for individual use.
Sec. 4735.01. As used in this chapter: 2,033
(A) "Real estate broker" includes any person, partnership, 2,035
association, or corporation, foreign or domestic, who for 2,036
another, whether pursuant to a power of attorney or otherwise, 2,037
and who for a fee, commission, or other valuable consideration, 2,038
or with the intention, or in the expectation, or upon the promise 2,039
of receiving or collecting a fee, commission, or other valuable 2,040
consideration: 2,041
(1) Sells, exchanges, purchases, rents, or leases, or 2,043
negotiates the sale, exchange, purchase, rental, or leasing of 2,044
any real estate; 2,045
(2) Offers, attempts, or agrees to negotiate the sale, 2,047
exchange, purchase, rental, or leasing of any real estate; 2,048
(3) Lists, or offers, attempts, or agrees to list, or 2,050
auctions, or offers, attempts, or agrees to auction, any real 2,051
estate; 2,052
(4) Buys or offers to buy, sells or offers to sell, or 2,054
otherwise deals in options on real estate; 2,055
(5) Operates, manages, or rents, or offers or attempts to 2,057
operate, manage, or rent, other than as custodian, caretaker, or 2,058
janitor, any building or portions of buildings to the public as 2,059
tenants; 2,060
(6) Advertises or holds self out as engaged in the 2,062
business of selling, exchanging, purchasing, renting, or leasing 2,063
real estate; 2,064
46
(7) Directs or assists in the procuring of prospects or 2,066
the negotiation of any transaction, other than mortgage 2,067
financing, which does or is calculated to result in the sale, 2,068
exchange, leasing, or renting of any real estate; 2,069
(8) Is employed by or on behalf of the owner of lots, or 2,071
other parcels of real estate, at a stated salary, or upon a 2,072
commission, or upon a salary and commission basis or otherwise, 2,073
to sell such real estate, or any parts of it, in lots or other 2,074
parcels, and who sells, exchanges, or offers, attempts, or agrees 2,075
to negotiate the sale or exchange of any such lot or parcel of 2,076
real estate; 2,077
(9) Is engaged in the business of charging an advance fee 2,079
or contracting for collection of a fee in connection with any 2,080
contract whereby the broker undertakes primarily to promote the 2,082
sale, exchange, purchase, rental, or leasing of real estate 2,083
through its listing in a publication issued primarily for such 2,084
purpose, or for referral of information concerning such real 2,085
estate to brokers, or both, except that this division does not 2,086
apply to a publisher of listings or compilations of sales of real 2,087
estate by their owners; 2,088
(10) Collects rental information for purposes of referring 2,090
prospective tenants to rental units or locations of such units 2,091
and charges the prospective tenants a fee. 2,092
(B) "Real estate" includes leaseholds as well as any and 2,094
every interest or estate in land situated in this state, whether 2,095
corporeal or incorporeal, whether freehold or nonfreehold, and 2,096
the improvements on the land, but does not include cemetery 2,097
interment rights. 2,098
(C) "Real estate salesperson" means any person associated 2,100
with a licensed real estate broker to do or to deal in any acts 2,101
or transactions set out or comprehended by the definition of a 2,102
real estate broker, for compensation or otherwise. 2,103
(D) "Limited real estate broker" includes any person, 2,105
partnership, association, or corporation, foreign or domestic, 2,106
47
who for another and for a fee, commission, or other valuable 2,107
consideration, or who with the intention or in the expectation or 2,108
upon the promise of receiving or collecting a fee, commission, or 2,109
other valuable consideration engages in the sale of cemetery 2,110
interment rights and whose license is limited to the sale of 2,111
cemetery interment rights. 2,112
(E) "Limited real estate salesperson" means any person 2,114
associated with a licensed real estate broker or a licensed 2,115
limited real estate broker to do or to deal in any acts or 2,116
transactions set out or comprehended by the definition of a 2,117
limited real estate broker, for compensation or otherwise. 2,118
(F) "Institution of higher education" means either of the 2,120
following:
(1) A nonprofit institution as defined in section 1713.01 2,122
of the Revised Code that actually awards, rather than intends to 2,123
award, degrees for fulfilling requirements of academic work 2,124
beyond high school; 2,125
(2) An institution operated for profit that otherwise 2,127
qualifies under the definition of an institution in section 2,128
1713.01 of the Revised Code and that actually awards, rather than 2,129
intends to award, degrees for fulfilling requirements of academic 2,130
work beyond high school. 2,131
(G)(E) "Foreign real estate" means real estate not 2,133
situated in this state and any interest in real estate not 2,134
situated in this state. 2,135
(H)(F) "Foreign real estate dealer" includes any person, 2,137
partnership, association, or corporation, foreign or domestic, 2,138
who for another, whether pursuant to a power of attorney or 2,139
otherwise, and who for a fee, commission, or other valuable 2,140
consideration, or with the intention, or in the expectation, or 2,141
upon the promise of receiving or collecting a fee, commission, or 2,142
other valuable consideration, does or deals in any act or 2,143
transaction specified or comprehended in division (A) of this 2,144
section with respect to foreign real estate. 2,145
48
(I)(G) "Foreign real estate salesperson" means any person 2,148
associated with a licensed foreign real estate dealer to do or 2,149
deal in any act or transaction specified or comprehended in 2,150
division (A) of this section with respect to foreign real estate, 2,151
for compensation or otherwise. 2,152
(J)(H) Any person, partnership, association, or 2,154
corporation, who, for another, in consideration of compensation, 2,155
by fee, commission, salary, or otherwise, or with the intention, 2,156
in the expectation, or upon the promise of receiving or 2,157
collecting a fee, does, or offers, attempts, or agrees to engage 2,158
in, any single act or transaction contained in the definition of 2,159
a real estate broker or foreign real estate dealer, whether an 2,160
act is an incidental part of a transaction, or the entire 2,161
transaction, shall be constituted a real estate broker or real 2,162
estate salesperson or a foreign real estate dealer or foreign 2,163
real estate salesperson under this chapter. 2,164
(K)(I) The terms "real estate broker," "real estate 2,166
salesperson," "foreign real estate dealer," and "foreign real 2,168
estate salesperson" do not include a person, partnership, 2,169
association, or corporation, or the regular employees thereof or 2,170
limited real estate broker or limited real estate salesperson, 2,171
who performs PERFORM any of the acts or transactions specified or 2,173
comprehended in division (A) of this section, whether or not for, 2,174
or with the intention, in expectation, or upon the promise of 2,175
receiving or collecting a fee, commission, or other valuable 2,176
consideration:
(1) With reference to real estate situated in this state 2,178
or any interest in it owned by such person, partnership, 2,179
association, or corporation, or acquired on its own account in 2,181
the regular course of, or as an incident to the management of the 2,182
property and the investment in it; 2,183
(2) As receiver or trustee in bankruptcy, as guardian, 2,185
executor, administrator, trustee, assignee, commissioner, or any 2,186
person doing the things mentioned in this section, under 2,187
49
authority or appointment of, or incident to a proceeding in, any 2,188
court, or as a public officer, or as executor, trustee, or other 2,189
bona fide fiduciary under any trust agreement, deed of trust, 2,190
will, or other instrument creating a like bona fide fiduciary 2,191
obligation; 2,192
(3) As a public officer while performing the officer's 2,194
official duties; 2,195
(4) As an attorney at law in the performance of the 2,197
attorney's duties. 2,198
(L)(J) "Physically handicapped licensee" means a person 2,200
licensed pursuant to this chapter who is under a severe physical 2,201
disability which is of such a nature as to prevent the person 2,202
from being able to attend any classroom instruction lasting at 2,203
least three hours in duration. 2,204
(M)(K) "Division of real estate" may be used 2,207
interchangeably with, and for all purposes has the same meaning 2,208
as, "division of real estate and professional licensing." 2,209
(N)(L) "Superintendent" or "superintendent of real estate" 2,212
means the superintendent of the division of real estate and 2,213
professional licensing of this state. Whenever the division or 2,214
superintendent of real estate is referred to or designated in any 2,215
statute, rule, contract, or other document, the reference or 2,216
designation shall be deemed to refer to the division or 2,217
superintendent of real estate and professional licensing, as the 2,218
case may be.
Sec. 4735.02. No person, partnership, association, or 2,227
corporation shall act as a real estate broker, OR real estate 2,228
salesman, limited real estate broker, or limited real estate 2,230
salesman SALESPERSON, or advertise or assume to act as such, 2,231
without first being licensed as provided in this chapter. 2,232
Nothing contained in this chapter shall be construed as 2,233
authorizing a real estate broker or salesman SALESPERSON to 2,234
perform any service constituting the practice of law. 2,235
No partnership, association, or corporation holding a real 2,237
50
estate license shall employ as an officer, director, manager, or 2,238
a principal employee any person previously holding a license as a 2,239
real estate broker, real estate salesman, limited real estate 2,241
broker, limited real estate salesman SALESPERSON, foreign real 2,242
estate dealer, or foreign real estate salesman SALESPERSON, whose 2,243
license has beenterminated BEEN TERMINATED by failure to file a 2,244
certificate of continuation, by revocation, or by suspension, and 2,245
who has not thereafter been relicensed.
Sec. 4735.051. (A) Within five business days after a 2,254
person files a signed written complaint against a licensed real 2,255
estate broker, OR licensed real estate salesperson, licensed 2,256
limited real estate broker, or licensed limited real estate 2,258
salesperson with the division of real estate, the superintendent 2,259
of real estate shall acknowledge receipt of the complaint and 2,260
send a notice to the licensee describing the acts complained of. 2,261
The acknowledgment to the complainant and the notice to the 2,262
licensee shall state that an informal meeting will be held with 2,263
the complainant, the licensee, and an investigator from the 2,264
investigation and audit section of the division if the 2,265
complainant and licensee both file a request for such a meeting 2,266
within ten business days thereafter on a form provided by the 2,267
superintendent. 2,268
(B) If the complainant and licensee both file with the 2,270
division requests for an informal meeting, the superintendent 2,271
shall notify the complainant and licensee of the date of the 2,272
meeting, which shall be within twenty business days thereafter, 2,273
except that any party may request an extension of up to fifteen 2,274
business days for good cause shown. If the parties reach an 2,275
accommodation at an informal meeting, the investigator shall so 2,276
report to the superintendent and the parties and the complaint 2,277
file shall be closed, unless, based upon the investigator's 2,278
report, the superintendent finds evidence that the licensee has 2,279
violated section 4735.18 of the Revised Code. 2,280
(C) If the parties fail to agree to an informal meeting or 2,282
51
fail to reach an accommodation, or if the superintendent finds 2,284
evidence of a violation of section 4735.18 of the Revised Code, 2,285
the superintendent shall, within five business days of such 2,286
determination, so notify the parties and shall investigate the 2,287
conduct of the licensee against whom the complaint is filed. 2,288
(D) Within sixty business days after receipt of the 2,290
complaint, or, if an informal meeting is held, within sixty days 2,291
of such meeting, the investigator shall file a written report of 2,292
the results of the investigator's investigation with the 2,293
superintendent. Within ten business days thereafter, the 2,295
superintendent shall review the report and determine whether 2,296
there exists reasonable and substantial evidence of a violation 2,297
of section 4735.18 of the Revised Code by the licensee. If the 2,298
superintendent finds such evidence exists, within five business 2,299
days of the determination, the superintendent shall notify the 2,300
parties of the date of a hearing to be held by a hearing examiner 2,301
pursuant to Chapter 119. of the Revised Code within fifteen days 2,302
but not prior to seven days thereafter, except that any party may 2,303
request an extension of up to thirty business days for good cause 2,304
shown. If the superintendent finds that such evidence does not 2,305
exist, within five business days thereafter, the superintendent 2,306
shall so notify the parties of the superintendent's determination 2,307
and the basis for the determination. Within fifteen business 2,308
days after the superintendent notifies the parties that such 2,309
evidence does not exist, the complainant may file with the 2,310
division a request that the commissioners review the 2,311
determination. If the complainant files such request, the 2,312
commissioners shall review the determination at the next 2,313
regularly scheduled meeting held at least fifteen business days 2,314
after the request is filed. The commission shall hear the 2,315
testimony of either party at such meeting upon the request of the 2,316
party. If the commissioners affirm the determination of the 2,317
superintendent, the superintendent shall so notify the 2,318
complainant and the licensee within five business days 2,319
52
thereafter. If the commissioners reverse the determination of 2,320
the superintendent, a hearing shall be held and the parties 2,321
notified as provided in this division.
(E) Within twenty-five business days after the conclusion 2,323
of formal hearings, the hearing examiner shall file a report of 2,324
findings of fact and conclusions of law with the superintendent, 2,325
the commission, and the parties. 2,326
(F) The commissioners shall review the hearing examiner's 2,328
report and the parties' evidence at the next regularly scheduled 2,329
commission meeting held at least fifteen business days after 2,330
receipt of the hearing examiner's report. The commission shall 2,331
hear the testimony of any party upon request. If the complainant 2,332
is the Ohio civil rights commission, the complaint shall be 2,333
reviewed by the commissioners directly upon request. 2,334
(G) The commission shall decide whether to impose 2,336
disciplinary sanctions upon a licensee for a violation of section 2,337
4735.18 of the Revised Code. The commission shall decide within 2,338
sixty days of the filing of the hearing examiner's report or 2,339
within sixty days of the filing of an Ohio civil rights 2,340
commission complaint. The commission shall maintain a transcript 2,341
of the proceedings and issue a written opinion to all the 2,342
parties, citing its findings and grounds for any action taken. 2,343
The commission shall notify the complainant and any other party 2,344
who may have suffered financial loss because of the licensee's 2,345
violations, that the complainant or other party may sue for 2,347
recovery under section 4735.12 of the Revised Code.
(H) An investigation under this section is subject to 2,349
section 4735.32 of the Revised Code. 2,350
(I) The commission may impose the following sanctions upon 2,352
a licensee for a violation of section 4735.18 of the Revised 2,353
Code: 2,354
(1) Revoke a license issued under Chapter 4735. of the 2,356
Revised Code; 2,357
(2) Suspend a license for a term set by the commission; 2,359
53
(3) Impose a fine, not exceeding two thousand five hundred 2,361
dollars per violation; 2,362
(4) Issue a public reprimand; 2,364
(5) Require the completion of additional continuing 2,366
education course work. Any continuing education course work 2,367
imposed pursuant to this section shall not count toward the 2,368
continuing education requirements set forth in section 4735.14 of 2,369
the Revised Code.
All fines imposed pursuant to division (I)(3) of this 2,371
section shall be credited to the real estate operating fund, 2,372
which is created in the state treasury under section 4735.211 of 2,373
the Revised Code.
Sec. 4735.07. (A) The superintendent of real estate, with 2,382
the consent of the Ohio real estate commission, may enter into 2,383
agreements with recognized national testing services to 2,384
administer the real estate broker's examination under his THE 2,385
SUPERINTENDENT'S supervision and control, consistent with the 2,386
requirements of this chapter as to the contents of such 2,388
examination.
(B) No person shall take the broker's examination who has 2,390
not established to the satisfaction of the superintendent that he 2,392
THE PERSON:
(1) Is honest, truthful, and of good reputation; 2,394
(2)(a) Has not been convicted of a felony or crime of 2,396
moral turpitude, or if he THE PERSON has been so convicted, the 2,397
superintendent has disregarded the conviction because the 2,398
applicant has proven to the superintendent, by a preponderance of 2,399
the evidence, that his THE APPLICANT'S activities and employment 2,400
record since the conviction show that he THE APPLICANT is honest, 2,402
truthful, and of good reputation, and there is no basis in fact 2,404
for believing that he THE APPLICANT again will violate the laws 2,405
involved;
(b) Has not been finally adjudged by a court to have 2,407
violated any municipal, state, or federal civil rights laws 2,408
54
relevant to the protection of purchasers or sellers of real 2,409
estate or, if he THE PERSON has been so adjudged, at least two 2,410
years have passed since the court decision and the superintendent 2,412
has disregarded the adjudication because the applicant has 2,413
proven, by a preponderance of the evidence, that his THE 2,414
APPLICANT'S activities and employment record since the 2,415
adjudication show that he THE APPLICANT is honest, truthful, and 2,416
of good reputation, and there is no basis in fact for believing 2,417
that he THE APPLICANT will again violate the laws involved;. 2,418
(3) Has not, during any period in which he THE PERSON was 2,420
licensed under this chapter, violated any provision of, or any 2,422
rule adopted pursuant to, this chapter, or, if he THE PERSON has 2,423
violated any such provision or rule, has established to the 2,424
satisfaction of the superintendent that he THE PERSON will not 2,425
again violate such provision or rule; 2,426
(4) Is at least eighteen years of age; 2,428
(5) Has been a licensed real estate broker or salesman 2,430
SALESPERSON for at least two years; during at least two of the 2,431
five years preceding his application, has worked as a licensed 2,433
real estate broker or salesman SALESPERSON for an average of at 2,434
least thirty hours per week; and has completed one of the 2,435
following:
(a) At least twenty real estate transactions, in which 2,437
property was sold for another by the applicant while acting in 2,438
his THE capacity as OF a real estate broker or salesman 2,440
SALESPERSON;
(b) Such equivalent experience as is defined by rules 2,442
adopted by the commission;. 2,443
(6)(a) If licensed as a real estate salesman SALESPERSON 2,445
prior to January 1, 1990, successfully has completed at an 2,446
institution of higher education all of the following: 2,447
(i) Thirty hours of classroom instruction in real estate 2,449
practice; 2,450
(ii) Thirty hours of classroom instruction that includes 2,452
55
the subjects of Ohio real estate law, municipal, state, and 2,453
federal civil rights law, new case law on housing discrimination, 2,454
desegregation issues, and methods of eliminating the effects of 2,455
prior discrimination. If feasible, the classroom instruction in 2,456
Ohio real estate law shall be taught by a member of the faculty 2,457
of an accredited law school. If feasible, the classroom 2,458
instruction in municipal, state, and federal civil rights law, 2,459
new case law on housing discrimination, desegregation issues, and 2,460
methods of eliminating the effects of prior discrimination shall 2,461
be taught by a staff member of the Ohio civil rights commission 2,462
who is knowledgeable with respect to those subjects. The 2,463
requirements of this division do not apply to an applicant who is 2,464
admitted to practice before the supreme court. 2,465
(iii) Thirty hours of classroom instruction in real estate 2,467
appraisal; 2,468
(iv) Thirty hours of classroom instruction in real estate 2,470
finance; 2,471
(v) Three quarter hours, or its equivalent in semester 2,473
hours, in financial management; 2,474
(vi) Three quarter hours, or its equivalent in semester 2,476
hours, in human resource or personnel management; 2,477
(vii) Three quarter hours, or its equivalent in semester 2,479
hours, in applied business economics; 2,480
(viii) Three quarter hours, or its equivalent in semester 2,482
hours, in business law. 2,483
(b) Division (B)(6)(a) of this section does not apply to 2,485
any applicant who holds a valid real estate salesman's 2,486
SALESPERSON'S license issued prior to January 2, 1972, or to 2,487
applicants for a limited real estate broker's or salesman's 2,490
license. Divisions (B)(6)(a)(v), (vi), (vii), and (viii) of this 2,491
section do not apply to any applicant who holds a valid real 2,492
estate salesman's SALESPERSON'S license issued prior to January 2,493
3, 1984.
(7) If licensed as a real estate salesman SALESPERSON on 2,495
56
or after January 3, 1984, satisfactorily has completed a minimum 2,496
of two years of post-secondary education, or its equivalent in 2,497
semester or quarter hours, at an institution of higher education, 2,498
and has fulfilled the requirements of division (B)(6)(a) of this 2,499
section. The requirements of division (B)(6)(a) of this section 2,500
may be included in the two years of post-secondary education, or 2,501
its equivalent in semester or quarter hours, that is required by 2,502
this division. 2,503
(C) Each applicant for a broker's license shall be 2,505
examined in the principles of real estate practice, Ohio real 2,506
estate law, and financing and appraisal, and as to the duties of 2,507
real estate brokers and real estate salesmen SALESPERSONS, the 2,508
applicant's knowledge of real estate transactions and instruments 2,509
relating to them, and the canons of business ethics pertaining to 2,510
them. The commission from time to time shall promulgate such 2,511
canons and cause them to be published in printed form. 2,512
Each applicant for a limited real estate broker's or 2,514
limited real estate salesman's license shall be examined only in 2,516
the areas specified in section 4735.091 of the Revised Code. 2,517
(D) Examinations shall be given entirely in writing, 2,519
except that they shall be administered orally or in braille to 2,520
the blind, as defined in section 5109.15 of the Revised Code, or 2,521
orally to an individual whose physical disability, as supported 2,522
by a physician's statement, renders it impossible to take a 2,523
written examination. The contents of an examination shall be 2,524
consistent with the requirements of division (B)(6)(a) of this 2,525
section and with the other specific requirements of this section. 2,526
An applicant who has completed the requirements of division 2,527
(B)(6)(a) of this section at the time of application may be 2,528
examined at the next regularly scheduled examination after he THE 2,529
APPLICANT is notified of his admission to the examination. 2,530
(E) The superintendent may waive the requirement of 2,532
examination in the case of an application from a nonresident real 2,533
estate broker of a state having similar requirements and under 2,534
57
the laws of which similar recognition is extended to licensed 2,535
real estate brokers and real estate salesmen SALESPERSONS of this 2,537
state.
(F) There shall be no limit placed on the number of times 2,539
an applicant may retake the examination. 2,540
(G) The superintendent in his THE SUPERINTENDENT'S 2,542
discretion may waive the requirement of examination if the 2,544
applicant has been licensed as a real estate broker by the 2,545
superintendent or commission at some time during the two-year 2,546
period immediately preceding the date of the current application. 2,547
(H)(1) Within twelve months from the date of issuance of 2,549
any real estate broker's license issued on or after January 1, 2,550
1990, the licensee successfully shall complete, at an institution 2,551
of higher education or any other institution that is approved by 2,552
the commission, ten hours of classroom instruction in real estate 2,553
brokerage. That instruction shall include, but not be limited 2,554
to, current issues in managing a real estate company or office. 2,555
Upon completion of the instruction, the licensee shall cause to 2,556
be filed with the superintendent a certificate from the 2,557
institution showing that he THE LICENSEE successfully has 2,558
completed the requirements of this division. 2,559
If the instruction is not successfully completed within 2,561
twelve months, the license of the real estate broker is suspended 2,562
automatically without the taking of any action by the commission. 2,563
The broker then shall have one year after the date of the 2,564
suspension of his THE BROKER'S license to successfully complete 2,565
the instruction required under this division, and his THE 2,567
BROKER'S license shall not be reinstated by the superintendent 2,568
until it is established, to the satisfaction of the 2,569
superintendent, that the requirements of this division have been 2,570
met.
(2) If the license of a real estate broker is suspended 2,572
pursuant to division (H)(1) of this section, the license of a 2,573
real estate salesman SALESPERSON associated with that broker 2,574
58
correspondingly is suspended pursuant to division (B) of section 2,576
4735.20 of the Revised Code. However, the suspended license of 2,577
the associated real estate salesman SALESPERSON shall be 2,578
reinstated and no fee shall be charged or collected for that 2,579
reinstatement if all of the following occur: 2,580
(a) That broker subsequently submits satisfactory proof to 2,582
the superintendent that he THE BROKER has complied with the 2,583
requirements of division (H)(1) of this section and requests that 2,585
his THE BROKER'S license as a real estate broker be reinstated; 2,586
(b) The superintendent then reinstates his THE BROKER'S 2,588
license as a real estate broker; 2,589
(c) The associated real estate salesman SALESPERSON 2,591
intends to continue to be associated with that broker and 2,592
otherwise is in compliance with this chapter. 2,593
Sec. 4735.10. (A)(1) The Ohio real estate commission may 2,602
adopt reasonable rules in accordance with Chapter 119. of the 2,603
Revised Code, necessary for implementing the provisions of this 2,604
chapter relating, but not limited to, the following: 2,605
(a) The form and manner of filing applications for 2,607
license; 2,608
(b) Times and form of examination for license; 2,610
(c) Placing an existing broker's license in escrow for an 2,612
indefinite period upon good cause shown. 2,613
(2) The commission shall adopt reasonable rules in 2,615
accordance with Chapter 119. of the Revised Code, for 2,616
implementing the provisions of this chapter relating to the 2,617
following:
(a) The issuance, renewal, suspension, revocation of 2,619
licenses, other sanctions that may be imposed for violations of 2,620
this chapter, and the conduct of hearings related to these 2,622
actions;
(b) Standards for the approval of courses of study 2,624
required for licenses, or offered in preparation for license 2,625
examinations, or required as continuing education for licenses. 2,626
59
The rules shall specify that no standard for the approval of a 2,628
course of study required as continuing education for licensees
shall require that licensees pass an examination as a condition 2,629
for the successful completion of a continuing education 2,630
requirement. A person providing a continuing education course 2,631
may administer examinations for the purpose of evaluating the 2,632
effectiveness of the course.
(c) Guidelines to ensure that continuing education classes 2,635
are open to all persons licensed under this chapter. The rules 2,636
shall specify that an organization that sponsors a continuing 2,637
education class may offer its members a reasonable reduction in 2,638
the fees charged for the class. 2,639
(d) Requirements for trust accounts and property 2,641
management accounts. The rules shall specify that: 2,642
(i) Brokerages engaged in the management of property for 2,645
another may, pursuant to a written contract with the property 2,646
owner, exercise signatory authority for withdrawals from property 2,647
management accounts maintained in the name of the property owner. 2,648
The exercise of authority for withdrawals does not constitute a 2,649
violation of any provision of division (A) of section 4735.18 of 2,650
the Revised Code. 2,652
(ii) The interest earned on property management trust 2,655
accounts maintained in the name of the property owner or the
broker shall be payable to the property owner unless otherwise 2,656
specified in a written contract. 2,657
(e) Annual certificates of continuation in business and 2,659
filing deadlines based on a staggered system of renewal with 2,660
deadlines distributed throughout the year. 2,661
(B) The commission shall adopt rules in accordance with 2,663
Chapter 119. of the Revised Code establishing standards and 2,664
guidelines with which the superintendent of real estate shall 2,665
comply in the exercise of the following powers: 2,666
(1) Appointment and recommendation of ancillary trustees 2,668
under section 4735.05 of the Revised Code; 2,669
60
(2) Rejection of names proposed to be used by 2,671
partnerships, associations, and corporations, under division (A) 2,672
of section 4735.06 of the Revised Code; 2,673
(3) Acceptance and rejection of applications to take the 2,675
broker and salesman SALESPERSON examinations and licensure, with 2,676
waiver of examination, under sections 4735.07 and 4735.09 of the 2,677
Revised Code; 2,678
(4) Approval of applications of brokers to place their 2,680
licenses on deposit and to become salespersons under section 2,682
4735.13 of the Revised Code;
(5) Appointment of hearing examiners under section 119.09 2,684
of the Revised Code; 2,685
(6) Acceptance and rejection of applications to take the 2,687
foreign real estate dealer and salesperson examinations and 2,688
licensure, with waiver of examination, under sections 4735.27 and 2,689
4735.28 of the Revised Code; 2,690
(7) Qualification of foreign real estate under section 2,692
4735.25 of the Revised Code. 2,693
If at any time there is no rule in effect establishing a 2,695
guideline or standard required by this division, the 2,696
superintendent shall adopt a rule in accordance with Chapter 119. 2,697
of the Revised Code for such purpose. 2,698
(C) The commission or superintendent may hear testimony in 2,700
matters relating to the duties imposed upon them, and the 2,701
president of the commission and superintendent may administer 2,702
oaths. The commission or superintendent may require other proof 2,703
of the honesty, truthfulness, and good reputation of any person 2,704
named in an application for a real estate broker's, OR real 2,705
estate salesperson's, limited real estate broker's, or limited 2,707
real estate salesperson's license before admitting the applicant 2,708
to the examination or issuing a license. 2,709
Sec. 4735.141. (A) Except as otherwise provided in this 2,718
division, on or before January 31, 1983, and on or before the 2,719
thirty-first day of January of every third year thereafter, each 2,720
61
licensee who was licensed by the state prior to January 1, 1980, 2,721
as a real estate broker or salesperson shall submit proof 2,722
satisfactory to the superintendent of real estate that the 2,723
licensee has satisfactorily completed, during the preceding three 2,724
years, thirty classroom hours of continuing education as 2,725
prescribed by the Ohio real estate commission pursuant to section 2,726
4735.10 of the Revised Code. Persons licensed as real estate 2,727
salespersons within the state on or after January 1, 1980, shall 2,728
submit the proof to the superintendent on or before the last day 2,729
of the month of the third year directly following the filing of 2,730
the certificate prescribed in division (G) of section 4735.09 of 2,731
the Revised Code, and every third year thereafter. Persons 2,732
licensed as real estate salespersons who subsequently become 2,733
licensed real estate brokers, shall continue to submit proof of 2,734
continuing education on the schedule established when they were 2,735
licensed real estate salespersons. The requirements of this 2,736
section shall not apply to persons licensed under section 2,737
4735.091 of the Revised Code or to any physically handicapped 2,739
licensee as provided in division (E) of this section. 2,741
Each licensee who is seventy years of age or older on the 2,743
effective date of this amendment JUNE 13, 1996, and each licensee 2,745
who will be seventy years of age or older within three years 2,746
after the effective date of this amendment JUNE 13, 1996, shall 2,747
submit proof satisfactory to the superintendent that the licensee 2,748
has satisfactorily completed during the three-year period 2,749
commencing on the effective date of this amendment JUNE 13, 1996, 2,750
and every three-year period thereafter, a total of nine classroom 2,752
hours of continuing education, including instruction in Ohio real 2,753
estate law; recently enacted state and federal laws affecting the 2,754
real estate industry; municipal, state, and federal civil rights 2,756
law; and canons of ethics for the real estate industry as adopted 2,757
by the commission. The commission shall adopt reasonable rules
in accordance with Chapter 119. of the Revised Code to carry out 2,759
the purposes of this paragraph.
62
A person providing any course of continuing education may 2,761
administer examinations to licensees for the purpose of 2,762
evaluating the effectiveness of the course, but passage of an 2,763
examination by a licensee shall not be a condition for successful 2,764
completion of the continuing education requirements of this 2,765
section. 2,766
(B) The continuing education requirements of this section 2,768
shall be completed in schools, seminars, and educational 2,769
institutions approved by the commission. Such approval shall be 2,770
given according to rules established by the commission under the 2,771
procedures of Chapter 119. of the Revised Code, and shall not be 2,772
limited to institutions providing two-year or four-year degrees. 2,773
Each school, seminar, or educational institution approved under 2,774
this division shall be open to all licensees on an equal basis. 2,775
(C) If the requirements of this section are not met by a 2,777
licensee within the period specified, the licensee's license 2,778
shall be suspended automatically without the taking of any action 2,779
by the superintendent. The superintendent shall notify the 2,780
licensee of the license suspension. Any license so suspended 2,781
shall remain suspended until it is reinstated by the 2,782
superintendent. No such license shall be reinstated until it is 2,783
established, to the satisfaction of the superintendent, that the 2,784
requirements of this section have been met. If the requirements 2,785
of this section are not met within two years from the date the 2,786
license was suspended, the license shall be revoked automatically 2,787
without the taking of any action by the commission. A person 2,788
whose license has been revoked and whose revoked license was 2,789
issued prior to January 1, 1980, may have the person's license 2,790
reinstated by the superintendent at any time after it has been 2,791
revoked upon submitting proof satisfactory to the superintendent 2,792
that the person has satisfactorily completed during the period 2,793
since the revocation of the person's license thirty classroom 2,794
hours of continuing education as prescribed by the commission 2,795
pursuant to section 4735.10 of the Revised Code. Upon 2,796
63
reinstatement of the person's license, the licensee shall comply 2,797
with the educational requirements of division (A) of this
section. 2,798
(D) If the license of a real estate broker is suspended 2,800
pursuant to division (C) of this section, the license of a real 2,801
estate salesperson associated with that broker correspondingly is 2,803
suspended pursuant to division (B) of section 4735.20 of the 2,804
Revised Code. However, the suspended license of the associated 2,805
real estate salesperson shall be reinstated and no fee shall be 2,807
charged or collected for that reinstatement if all of the 2,808
following occur: 2,809
(1) That broker subsequently submits proof to the 2,811
superintendent that the broker has complied with the requirements 2,812
of this section and requests that the broker's license as a real 2,813
estate broker be reinstated; 2,814
(2) The superintendent then reinstates the broker's 2,816
license as a real estate broker; 2,817
(3) The associated real estate salesperson intends to 2,819
continue to be associated with that broker, has complied with the 2,820
requirements of this section, and otherwise is in compliance with 2,821
this chapter. 2,822
(E) Any licensee who is a physically handicapped licensee 2,824
at any time during the last three months of the third year of the 2,825
licensee's continuing education reporting period may receive an 2,826
extension of time to submit proof to the superintendent that the 2,827
licensee has satisfactorily completed the required thirty hours 2,828
of continuing education. To receive an extension of time, the 2,829
licensee shall submit a request to the division of real estate 2,830
for the extension and proof satisfactory to the commission that 2,831
the licensee was a physically handicapped licensee at some time 2,832
during the last three months of the three-year reporting period. 2,833
The proof shall include, but is not limited to, a signed 2,834
statement by the licensee's attending physician describing the 2,835
physical disability, certifying that the licensee's disability is 2,836
64
of such a nature as to prevent the licensee from attending any 2,837
classroom instruction lasting at least three hours in duration, 2,838
and stating the expected duration of the physical disability. 2,839
The licensee shall request the extension and provide the 2,840
physician's statement to the division no later than one month
prior to the end of the licensee's three-year continuing 2,841
education reporting period, unless the physical disability did 2,842
not arise until the last month of the three-year reporting 2,843
period, in which event the licensee shall request the extension 2,844
and provide the physician's statement as soon as practical after 2,845
the occurrence of the physical disability. A licensee granted an 2,846
extension pursuant to this division who is no longer a physically 2,847
handicapped licensee and who submits proof of completion of the 2,848
continuing education during the extension period, shall submit, 2,849
for future continuing education reporting periods, proof of 2,850
completion of the continuing education requirements according to 2,851
the schedule established in division (A) of this section. 2,852
Sec. 4735.18. (A) Subject to section 4735.32 of the 2,861
Revised Code, the superintendent of real estate, upon the 2,862
superintendent's own motion, may investigate the conduct of any 2,863
licensee. Subject to section 4735.32 of the Revised Code, the 2,864
Ohio real estate commission shall, pursuant to section 4735.051 2,865
of the Revised Code, impose disciplinary sanctions upon any 2,866
licensee who, whether or not acting in the licensee's capacity as 2,867
a real estate broker or salesperson, or limited real estate
broker or salesperson, or in handling the licensee's own 2,869
property, is found to have been convicted of a felony or a crime 2,872
of moral turpitude, and shall, pursuant to section 4735.051 of 2,873
the Revised Code, impose disciplinary sanctions upon any licensee 2,874
who, in the licensee's capacity as a real estate broker or 2,875
salesperson, or limited real estate broker or salesperson, or in 2,876
handling the licensee's own property, is found guilty of: 2,878
(1) Knowingly making any misrepresentation; 2,880
(2) Making any false promises with intent to influence, 2,882
65
persuade, or induce; 2,883
(3) A continued course of misrepresentation or the making 2,885
of false promises through agents, salespersons, advertising, or 2,886
otherwise;
(4) Acting for more than one party in a transaction except 2,889
as permitted by and in compliance with section 4735.71 of the
Revised Code.; 2,890
(5) Failure within a reasonable time to account for or to 2,892
remit any money coming into the licensee's possession which 2,893
belongs to others; 2,894
(6) Dishonest or illegal dealing, gross negligence, 2,896
incompetency, or misconduct; 2,897
(7)(a) By final adjudication by a court, a violation of 2,899
any municipal or federal civil rights law relevant to the 2,900
protection of purchasers or sellers of real estate or, by final 2,901
adjudication by a court, any unlawful discriminatory practice 2,902
pertaining to the purchase or sale of real estate prohibited by 2,903
Chapter 4112. of the Revised Code, provided that such violation 2,904
arose out of a situation wherein parties were engaged in bona 2,905
fide efforts to purchase, sell, or lease real estate, in the 2,906
licensee's practice as a licensed real estate broker or 2,907
salesperson;
(b) A second or subsequent violation of any unlawful 2,909
discriminatory practice pertaining to the purchase or sale of 2,910
real estate prohibited by Chapter 4112. of the Revised Code or 2,911
any second or subsequent violation of municipal or federal civil 2,912
rights laws relevant to purchasing or selling real estate whether 2,913
or not there has been a final adjudication by a court, provided 2,914
that such violation arose out of a situation wherein parties were 2,915
engaged in bona fide efforts to purchase, sell, or lease real 2,916
estate. For any second offense under this division, the 2,917
commission shall suspend for a minimum of two months or revoke 2,918
the license of the broker or salesperson. For any subsequent 2,919
offense, the commission shall revoke the license of the broker or 2,920
66
salesperson. 2,921
(8) Procuring a license under this chapter, for the 2,923
licensee or any salesperson by fraud, misrepresentation, or 2,924
deceit;
(9) Having violated or failed to comply with any provision 2,926
of sections 4735.51 to 4735.74 of the Revised Code or having 2,927
willfully disregarded or violated any other provisions of this 2,928
chapter;
(10) As a real estate broker or limited real estate 2,931
broker, having demanded, without reasonable cause, other than
from a broker licensed under this chapter, a commission to which 2,932
the licensee is not entitled, or, as a real estate salesperson or 2,934
limited real estate salesperson, having demanded, without 2,935
reasonable cause, a commission to which the licensee is not 2,936
entitled;
(11) Having paid commissions or fees to, or divided 2,938
commissions or fees with, anyone not licensed as a real estate 2,939
broker or salesperson; 2,940
(12) Having falsely represented membership in any real 2,942
estate professional association of which the licensee is not a 2,943
member; 2,944
(13) Having accepted, given, or charged any undisclosed 2,946
commission, rebate, or direct profit on expenditures made for a 2,947
principal; 2,948
(14) Having offered anything of value other than the 2,950
consideration recited in the sales contract as an inducement to a 2,951
person to enter into a contract for the purchase or sale of real 2,952
estate or having offered real estate or the improvements on real 2,953
estate as a prize in a lottery or scheme of chance; 2,954
(15) Having acted in the dual capacity of real estate 2,956
broker and undisclosed principal, or real estate salesperson and 2,958
undisclosed principal, in any transaction;
(16) Having guaranteed, authorized, or permitted any 2,960
person to guarantee future profits which may result from the 2,961
67
resale of real property or cemetery interment rights; 2,962
(17) Having placed a sign on any property offering it for 2,964
sale or for rent without the consent of the owner or the owner's 2,965
authorized agent; 2,966
(18) Having induced any party to a contract of sale or 2,968
lease to break such contract for the purpose of substituting in 2,969
lieu of it a new contract with another principal; 2,970
(19) Having negotiated the sale, exchange, or lease of any 2,972
real property directly with an owner, purchaser, lessor, or 2,973
tenant knowing that such owner, purchaser, lessor, or tenant had 2,974
a written outstanding contract granting exclusive agency in 2,975
connection with such property to another real estate broker; 2,976
(20) Having offered real property for sale or for lease 2,978
without the knowledge and consent of the owner or the owner's 2,979
authorized agent, or on any terms other than those authorized by 2,980
the owner or the owner's authorized agent; 2,981
(21) Having published advertising, whether printed, radio, 2,983
display, or of any other nature, which was misleading or 2,984
inaccurate in any material particular, or in any way having 2,985
misrepresented any properties, terms, values, policies, or 2,986
services of the business conducted; 2,987
(22) Having knowingly withheld from or inserted in any 2,989
statement of account or invoice any statement that made it 2,990
inaccurate in any material particular; 2,991
(23) Having published or circulated unjustified or 2,993
unwarranted threats of legal proceedings which tended to or had 2,994
the effect of harassing competitors or intimidating their 2,995
customers; 2,996
(24) Having failed to keep complete and accurate records 2,998
of all transactions for a period of three years from the date of 2,999
the transaction, such records to include copies of listing forms, 3,000
earnest money receipts, offers to purchase and acceptances of 3,001
them, and records of receipts and disbursements of all funds 3,002
received by the licensee as broker and incident to the licensee's 3,003
68
transactions as such, and any other instruments or papers related 3,005
to the performance of any of the acts set forth in the definition 3,006
of a real estate broker; 3,007
(25) Failure of a real estate broker or salesperson to 3,009
furnish all parties involved in a real estate transaction true 3,010
copies of all listings and other agreements to which they are a 3,011
party, at the time each party signs them; 3,012
(26) Failure to maintain at all times a special or trust 3,014
bank account in a depository located in this state. The account 3,015
shall be noninterest-bearing, separate and distinct from any 3,016
personal or other account of the broker, and, except as provided 3,018
in division (A)(27) of this section, shall be used for the
deposit and maintenance of all escrow funds, security deposits, 3,019
and other moneys received by the broker in a fiduciary capacity. 3,020
The name, account number, if any, and location of the depository 3,021
wherein such special or trust account is maintained shall be 3,022
submitted in writing to the superintendent. Checks drawn on such 3,023
special or trust bank accounts are deemed to meet the conditions 3,024
imposed by section 1349.21 of the Revised Code.
(27) Failure to maintain at all times a special or trust 3,026
bank account in a depository in this state, to be used 3,027
exclusively for the deposit and maintenance of all rents, 3,028
security deposits, escrow funds, and other moneys received by the 3,029
broker in a fiduciary capacity in the course of managing real
property. This account shall be separate and distinct from any 3,030
other account maintained by the broker. The name, account 3,031
number, and location of the depository shall be submitted in 3,032
writing to the superintendent. This account may earn interest, 3,033
which shall be paid to the property owners on a pro rata basis. 3,034
Division (A)(27) of this section does not apply to brokers 3,036
who are not engaged in the management of real property on behalf 3,037
of real property owners. 3,038
(28) Having failed to put definite expiration dates in all 3,040
written agency agreements to which the broker is a party; 3,041
69
(29) Having an unsatisfied final judgment in any court of 3,043
record against the licensee arising out of his THE LICENSEE'S 3,044
conduct as a licensed broker or salesman SALESPERSON; 3,045
(30) Failing to render promptly upon demand a full and 3,047
complete statement of the expenditures by the broker or 3,048
salesperson of funds advanced by or on behalf of a party to a 3,049
real estate transaction to the broker or salesperson for the 3,050
purpose of performing duties as a licensee under this chapter in 3,051
conjunction with the real estate transaction; 3,052
(31) Failure within a reasonable time, after the receipt 3,054
of the commission by the broker, to render an accounting to and 3,055
pay a real estate salesperson the salesperson's earned share of 3,056
it;
(32) Failure to notify the real estate salesperson that 3,058
the licensee does not intend to list such salesperson on the 3,059
continuation in business form;
(33) Performing any service for another constituting the 3,061
practice of law, as determined by any court of law; 3,062
(34) Having been adjudicated incompetent for the purpose 3,064
of holding the license by a court, as provided in section 3,065
5122.301 of the Revised Code. A license revoked or suspended 3,066
under this division shall be reinstated upon proof to the 3,067
commission of the removal of the disability. 3,068
(35) Having authorized or permitted a person to act as an 3,070
agent in the capacity of a real estate broker or limited real 3,071
estate broker, or a real estate salesperson or limited real 3,073
estate salesperson, who was not then licensed as a real estate
broker, limited real estate broker, OR real estate salesperson, 3,075
or limited real estate salesperson under this chapter. 3,077
(B) Whenever the commission, pursuant to section 4735.051 3,079
of the Revised Code, imposes disciplinary sanctions for any 3,080
violation of this section, the commission also may impose such 3,081
sanctions upon the broker with whom the salesperson is affiliated 3,082
if the commission finds that the broker had knowledge of the 3,083
70
salesperson's actions that violated this section.
(C) The commission shall, pursuant to section 4735.051 of 3,085
the Revised Code, impose disciplinary sanctions upon any foreign 3,086
real estate dealer or salesperson who, in that capacity or in 3,087
handling the dealer's or salesperson's own property, is found 3,088
guilty of any of the acts or omissions specified or comprehended 3,089
in division (A) of this section insofar as the acts or omissions
pertain to foreign real estate. If the commission imposes such 3,090
sanctions upon a foreign real estate salesperson for a violation 3,091
of this section, the commission also may suspend or revoke the 3,092
license of the foreign real estate dealer with whom the 3,093
salesperson is affiliated if the commission finds that the dealer 3,094
had knowledge of the salesperson's actions that violated this 3,095
section.
(D) The commission may suspend, in whole or in part, the 3,097
imposition of the penalty of suspension of a license under this 3,098
section. 3,099
(E) The commission immediately shall notify the real 3,101
estate appraiser board of any disciplinary action taken under 3,102
this section against a licensee who also is a state-certified 3,103
real estate appraiser under Chapter 4763. of the Revised Code. 3,104
Sec. 4735.32. (A)(1) The Ohio real estate commission or 3,113
the superintendent of real estate may commence, at any time 3,114
within three years from the date on which an alleged violation of 3,115
a provision of this or another chapter of the Revised Code 3,116
occurred, any investigation that relates to the conduct of a 3,117
licensed real estate broker, real estate salesman, limited real 3,118
estate broker, limited real estate salesman SALESPERSON, foreign 3,119
real estate dealer, or foreign real estate salesman SALESPERSON, 3,121
that is authorized pursuant to section 1349.11, 4735.051, or 3,123
4735.18, or any other section of the Revised Code, and that is 3,124
for purposes of determining whether the licensee has violated a 3,125
provision of this or another chapter of the Revised Code and 3,126
whether, as a consequence, his THE LICENSEE'S license should be 3,127
71
suspended or revoked, or other disciplinary action taken, as 3,128
provided in this or another chapter of the Revised Code. If such 3,129
an investigation is not commenced within the three-year period, 3,130
it shall be barred, and neither the commission nor the 3,131
superintendent shall suspend or revoke the license of any 3,132
licensee, or take other disciplinary action against any licensee, 3,133
because of the alleged violation of a provision of this or 3,134
another chapter of the Revised Code that could have been the 3,135
subject of the barred investigation.
(2) For purposes of division (A)(1) of this section, if an 3,137
investigation that is authorized by section 4735.051 of the 3,138
Revised Code is involved, it shall be considered to be commenced 3,139
as of the date on which a person files a complaint with the 3,140
division of real estate pursuant to division (A) of that section. 3,141
(B) This section does not affect any criminal or civil 3,143
liability that a licensed real estate broker, real estate 3,144
salesman, limited real estate broker, limited real estate 3,146
salesman SALESPERSON, foreign real estate dealer, or foreign real 3,147
estate salesman SALESPERSON, or any unlicensed person, may have 3,148
under this or another chapter of the Revised Code or under the 3,149
common law of this state. 3,150
Sec. 4735.57. (A) The superintendent of real estate, with 3,159
the approval of the Ohio real estate commission, shall establish 3,160
by rule the agency disclosure statement, which shall specify the 3,161
duties of a licensee in a real estate transaction pursuant to 3,162
this chapter. The agency disclosure statement shall contain a 3,164
place for the licensee and the parties to the transaction to sign
and date the statement and shall contain sections for the 3,165
disclosure or explanation of all of the following: 3,166
(1) The permissible agency relationships a licensee may 3,168
establish under section 4735.53 of the Revised Code and an 3,169
explanation of the duties the licensee owes the client in each 3,170
type of relationship;
(2) Whether the brokerage may act as a dual agent and if 3,172
72
so, the possibility that different licensees affiliated with the 3,173
brokerage might represent the separate interests of a purchaser 3,174
or a seller in the same transaction. The disclosure shall 3,175
contain an explanation that when different licensees affiliated 3,176
with the same brokerage represent both the purchaser and seller 3,178
in a transaction, each licensee represents only the interests of 3,179
that licensee's client. The disclosure shall contain an 3,180
explanation that when different licensees affiliated with the 3,181
same brokerage represent different clients in a transaction, the 3,182
brokerage and the management level licensees in the brokerage are 3,183
dual agents of both the seller and purchaser and have supervisory
duties and limitations as dual agents. The disclosure also shall 3,184
state that the broker shall take steps to preserve the 3,186
confidential information of the client.
(3) Unless confidential, the names of all parties the 3,188
licensee represents in the transaction; 3,189
(4) That the signature of the client indicates the client 3,191
consents to the agency relationship and that if the client does 3,192
not understand the agency disclosure statement, the client should 3,193
consult an attorney.
(B) The agency disclosure statement prescribed under 3,196
division (A) of this section does not limit the duties of a real 3,197
estate agent to those listed in division (A) of this section, and 3,198
the agent is obligated to perform all duties imposed on a real 3,199
estate agent at common law except to the extent the duties are 3,200
inconsistent with the duties prescribed in this chapter or are 3,201
otherwise modified by agreement.
(C) The disclosure requirements of this section do not 3,203
apply in any of the following situations: 3,204
(1) The rental or leasing of residential premises as 3,206
defined in section 5321.01 of the Revised Code, if the rental or 3,207
lease agreement can be performed in eighteen months or less; 3,208
(2) The referral of a prospective buyer, tenant, seller, 3,210
or landlord to another licensee; 3,211
73
(3) Transactions involving the sale, lease, or exchange of 3,214
foreign real estate as defined in division (G)(E) of section 3,215
4735.01 of the Revised Code; 3,216
(4) Transactions involving the sale of a cemetery lot or a 3,218
cemetery interment right. 3,219
Sec. 4767.02. (A) Except as otherwise provided in 3,228
division (C) of this section, no person, church, religious 3,229
society, established fraternal organization, or political 3,230
subdivision of the state shall own, operate, or maintain a 3,231
cemetery unless the cemetery is registered pursuant to section 3,232
4767.03 of the Revised Code. 3,233
(B) The division of real estate in the department of 3,235
commerce shall perform all of the following duties: 3,236
(1) Adopt, amend, and rescind rules in accordance with 3,238
Chapter 119. of the Revised Code to carry out sections 4767.02 to 3,239
4767.04 of the Revised Code governing the registration of 3,240
cemeteries; 3,241
(2) Prescribe the form and content of all applications to 3,243
be used for registration and renewal of registration pursuant to 3,244
section 4767.03 of the Revised Code; 3,245
(3) Review applications for registration and issue 3,247
registration certificates to cemeteries that meet the 3,248
qualifications for registration pursuant to sections 4767.03 and 3,249
4767.04 of the Revised Code; 3,250
(4) Collect all fees related to the registration and 3,252
renewal of registration certificates for cemeteries; 3,253
(5) Maintain a written record of each cemetery registered 3,255
with the division, which shall include such documentation as 3,256
required in division (A) of section 4767.04 of the Revised Code. 3,257
The record shall be available for inspection by the public and 3,258
copies shall be made available pursuant to division (B) of 3,259
section 149.43 of the Revised Code. 3,260
(6) REVOKE THE REGISTRATION OF ANY CEMETERY OWNER OR 3,262
OPERATOR CONVICTED OF A VIOLATION OF SECTION 1721.21 OR 1721.211 3,264
74
OF THE REVISED CODE IMMEDIATELY UPON RECEIPT OF NOTICE OF THE 3,265
CONVICTION PURSUANT TO SECTION 119.06 OF THE REVISED CODE; 3,266
(7) HIRE ALL DIVISION PERSONNEL NECESSARY TO IMPLEMENT 3,268
THIS CHAPTER; 3,269
(8) PROHIBIT THE SALE OF THE ASSETS OR STOCK OF A CEMETERY 3,272
BY REFUSING TO ISSUE A REGISTRATION CERTIFICATE TO THE PURCHASER 3,273
UNTIL THE DISPUTE RESOLUTION COMMISSION HAS RECEIVED AUDITED 3,274
FINANCIAL STATEMENTS AUDITED BY A CERTIFIED PUBLIC ACCOUNTANT
SHOWING TO THE COMMISSION'S SATISFACTION THAT ALL CURRENT FUNDS 3,276
REQUIRED TO BE DEPOSITED AND MAINTAINED PURSUANT TO SECTIONS 3,277
1721.21 AND 1721.211 OF THE REVISED CODE HAVE BEEN DEPOSITED AND 3,278
MAINTAINED; 3,279
(9) WITH THE DISPUTE RESOLUTION COMMISSION'S ADVICE AND 3,282
CONSENT, SUBPOENA CEMETERY PERSONNEL TO ATTEND HEARINGS BEFORE 3,283
THE COMMISSION.
(C) Sections 4767.02 to 4767.04 of the Revised Code do not 3,285
apply to or affect a family cemetery or a cemetery in which there 3,286
have been no interments during the previous twenty-five calendar 3,287
years. As used in this division, "family cemetery" means a 3,288
cemetery containing the human remains of persons, at least 3,289
three-fourths of whom have a common ancestor or who are the 3,290
spouse or adopted child of that common ancestor. 3,291
Sec. 4767.031. (A) THE OWNER OR THE PERSON RESPONSIBLE 3,294
FOR THE OPERATION OF EACH CEMETERY REQUIRED TO REGISTER UNDER 3,295
SECTION 4767.03 OF THE REVISED CODE SHALL PROVIDE THE DIVISION OF 3,297
REAL ESTATE IN THE DEPARTMENT OF COMMERCE, ON A FORM PRESCRIBED 3,298
BY THE DIVISION, AT THE SAME TIME THE OWNER OR OTHER PERSON 3,299
APPLIES FOR REGISTRATION OR RENEWAL OF REGISTRATION AS REQUIRED 3,300
BY SECTION 4767.03 OF THE REVISED CODE, A LIST OF THE NAMES AND 3,301
RESIDENCE ADDRESSES OF ALL PERSONS EMPLOYED OR OTHERWISE ENGAGED 3,303
BY THE CEMETERY TO SELL INTERMENT RIGHTS. THE PROVISION OF THIS
INFORMATION CONSTITUTES THE REGISTRATION OF THESE PERSONS TO SELL 3,304
INTERMENT RIGHTS. 3,305
IN ORDER FOR AN INDEPENDENT CONTRACTOR TO SELL INTERMENT 3,307
75
RIGHTS FOR A CEMETERY, THE CEMETERY SHALL SPONSOR AND REGISTER 3,308
THE INDEPENDENT CONTRACTOR WITH THE DIVISION. MORE THAN ONE 3,309
CEMETERY MAY SPONSOR AND REGISTER THE SAME INDEPENDENT 3,310
CONTRACTOR.
(B) THE OWNER OR THE PERSON RESPONSIBLE FOR THE OPERATION 3,313
OF EACH CEMETERY REQUIRED TO REGISTER UNDER SECTION 4767.03 OF 3,314
THE REVISED CODE SHALL PROVIDE THE DIVISION WITH A REVISED LIST 3,316
OF THE NAMES AND RESIDENCE ADDRESSES OF ALL PERSONS EMPLOYED OR 3,317
OTHERWISE ENGAGED BY THE CEMETERY TO SELL INTERMENT RIGHTS WITHIN 3,318
THE CALENDAR QUARTER IMMEDIATELY FOLLOWING THE DATE OF THE 3,319
TERMINATION OF THE CEMETERY'S RELATIONSHIP WITH AN EXISTING 3,320
SALESPERSON OR THE COMMENCEMENT OF A RELATIONSHIP WITH A NEW 3,321
SALESPERSON. AS USED IN THIS DIVISION, "CALENDAR QUARTER" MEANS 3,322
THE THREE-MONTH PERIOD THAT COMMENCES ON THE FIRST DAY OF EACH 3,323
JANUARY, APRIL, JULY, AND OCTOBER. 3,324
Sec. 4767.04. (A) To qualify a cemetery for a certificate 3,333
of registration, the applicant shall submit to the division of 3,334
real estate the following information: 3,335
(1) The name of the cemetery; 3,337
(2) The street address, city, village, or township, and 3,339
county where the cemetery is located and the mailing address if 3,340
different from the street address; 3,341
(3) The name and address of the person who owns the 3,343
cemetery; 3,344
(4) The name and address of the person responsible for the 3,346
operation and maintenance of the cemetery; 3,347
(5) A list of persons, if any, employed by or otherwise 3,349
affiliated with the owner or operator of the cemetery who hold a 3,350
limited real estate broker's license or a limited real estate 3,351
salesman's license pursuant to section 4735.091 of the Revised 3,353
Code; 3,354
(6) A copy of the most recent annual report of the 3,356
cemetery if required by the Ohio real estate commission pursuant 3,357
to section 1721.211 of the Revised Code. If the cemetery is 3,358
76
owned by a cemetery company or association, a copy of the annual 3,359
report for the previous year of all of the assets and investments 3,360
of the endowment care funds of the association as prepared 3,361
pursuant to section 1721.21 of the Revised Code shall be 3,362
submitted to the division. 3,363
(B) If any of the information required in division (A) of 3,365
this section changes at any time, the person responsible for the 3,366
operation and maintenance of the cemetery shall submit written 3,367
notification of the change to the division within thirty days of 3,368
the change occurring. 3,369
Sec. 4767.06. The Ohio cemetery dispute resolution 3,378
commission shall perform all of the following duties: 3,379
(A) Adopt, amend, and rescind such rules in accordance 3,381
with Chapter 119. of the Revised Code as are necessary in 3,382
carrying out sections 4767.05 to 4767.08 of the Revised Code, 3,383
including rules relative to the following: 3,384
(1) Transacting the commission's business and managing its 3,386
affairs; 3,387
(2) Establishing procedures for receiving, reviewing, and 3,389
responding to complaints filed pursuant to section 4767.07 of the 3,390
Revised Code; 3,391
(3) Conducting investigations in response to complaints 3,393
filed pursuant to division (A) of section 4767.07 of the Revised 3,394
Code; 3,395
(4) Resolving complaints by using informal techniques of 3,397
mediation, conciliation, and persuasion, including requiring the 3,398
parties involved in a complaint to be given prompt notice of any 3,399
offers to resolve disputes and responses thereto; 3,400
(5) Advising all parties making a complaint, or who are 3,402
the subject of a complaint, of any recommendations or findings of 3,403
fact made by the commission with respect to the complaint; 3,404
(6) Requesting the party who has filed a complaint or is 3,406
the subject of a complaint, and is affected by recommendations of 3,407
the commission made with respect to the complaint, to notify the 3,408
77
commission within a time specified by the commission of any 3,410
action the party has taken in response to the commission's 3,411
recommendations; 3,412
(7) Conducting nonpublic hearings and maintaining 3,414
commission proceedings and records as confidential, 3,415
notwithstanding sections 121.22 and 149.43 of the Revised Code 3,416
when the commission determines that the nature of the complaints 3,418
merits that action;
(8) Determining the method to be used in serving notices 3,420
as required by section 4767.07 of the Revised Code. 3,421
(B) Publicize information concerning the existence and 3,423
duties of the commission and the procedure for filing complaints 3,424
pursuant to section 4767.07 of the Revised Code; 3,425
(C) Conduct hearings on complaints pursuant to section 3,427
4767.07 of the Revised Code; 3,428
(D) Submit at least annually by the thirty-first day of 3,430
March a report on the commission's activities of the immediately 3,431
preceding calendar year to the governor and the majority and 3,432
minority leaders of the senate and house of representatives. The 3,433
report shall indicate the total number of complaints received, 3,434
initiated, and investigated under sections 4767.07 and 4767.08 of 3,435
the Revised Code; the total number of complaints for which 3,436
hearings were held; and the total number of referrals made to 3,437
prosecuting attorneys, the attorney general, and the real estate 3,438
commission pursuant to section 4767.08 of the Revised Code. 3,439
(E) Review, at least once each year, all actions taken by 3,441
the prosecuting attorneys, the attorney general, and the real 3,442
estate commission in response to referrals made to them by the 3,443
cemetery dispute resolution commission or by the superintendent 3,445
of the division of real estate in the department of commerce. 3,446
The commission shall include in the report required in division 3,447
(D) of this section information regarding the nature of the 3,448
inappropriate conduct alleged in each referral and the status or 3,449
disposition made of each referral occurring during the preceding 3,450
78
two years.
(F) Perform all functions as are necessary in 3,452
administering and enforcing sections 4767.05 to 4767.08 of the 3,453
Revised Code, INCLUDING THE RENDERING OF ALL ADVICE NECESSARY 3,454
UNDER DIVISIONS (B)(6) TO (12) OF SECTION 4767.02 OF THE REVISED 3,455
CODE;
(G) REVIEW ALL PROPOSED TRANSFERS THAT WOULD TRANSFER 3,458
SUBSTANTIALLY ALL OF THE ASSETS OR STOCK OF A CEMETERY, REQUIRE 3,460
AN AUDIT OF THE CEMETERY'S FUNDS ON DEPOSIT UNDER SECTIONS 3,461
1721.21 AND 1721.211 OF THE REVISED CODE, AND FORMULATE AN AGREED 3,462
PLAN PURSUANT TO WHICH THE BUYER AND THE SELLER OF THE CEMETERY 3,463
WILL CAUSE THOSE FUNDS TO BE PROPERLY FUNDED; 3,464
(H) ADOPT AND PUBLISH SUGGESTED MAINTENANCE GUIDELINES FOR 3,466
ALL CEMETERIES REGISTERED IN THE STATE OF OHIO UNDER CHAPTER 3,467
4767. OF THE REVISED CODE. 3,468
Sec. 4767.08. (A) The cemetery dispute resolution 3,477
commission, on its own motion or as a result of a complaint 3,478
received pursuant to section 4767.07 of the Revised Code and with 3,479
good cause shown, shall investigate or cause to be investigated 3,480
alleged violations of sections 1721.19, 1721.20, 1721.21, 3,481
1721.211, 4735.02, 4735.22, and 4765.03 of the Revised Code. If 3,482
the commission or the superintendent of the division of real 3,483
estate in the department of commerce believes that a violation 3,484
has occurred, the commission or superintendent shall request DO 3,485
ALL OF THE FOLLOWING: 3,486
(1) REVIEW THE FINANCIAL RECORDS OF THE CEMETERY TO ENSURE 3,488
COMPLIANCE WITH SECTIONS 1721.21 AND 1721.211 OF THE REVISED 3,489
CODE;
(2) REQUEST the prosecuting attorney of the county in 3,492
which the alleged violation occurred to initiate such proceedings 3,493
as are appropriate.
(B) If, as a result of an investigation, the commission or 3,495
the superintendent believes that a person has violated Chapter 3,496
1345. of the Revised Code, the commission or superintendent shall 3,497
79
report the findings to the attorney general. 3,498
(C) If, as a result of an investigation, the commission or 3,500
the superintendent believes that a limited real estate broker or 3,501
limited real estate salesman has violated Chapter 4735. of the 3,502
Revised Code, the commission or superintendent shall report the 3,504
findings to the real estate commission, which may initiate such
proceedings as are appropriate. 3,505
(D) The commission, at any time, may dismiss a complaint 3,507
if it determines there is not good cause shown for the complaint. 3,508
If the commission dismisses a complaint, it shall notify the 3,509
person who filed the complaint within twenty days of reaching its 3,510
decision and identify the reason why the complaint was dismissed. 3,511
(E)(D) When necessary for the division of real estate in 3,513
the department of commerce to perform the duties required by 3,514
sections 4767.07 and 4767.08 of the Revised Code, the 3,515
superintendent of the division, after consultation with at least 3,516
a majority of the members of the cemetery dispute resolution 3,517
commission, may issue subpoenas and compel the production of 3,518
books, papers, records, and other forms of evidence. 3,519
Sec. 4767.99. Whoever violates division (A) of section 3,528
4767.02 of the Revised Code is guilty of a misdemeanor of the 3,529
fourth THIRD degree.
Section 2. That existing sections 517.23, 517.24, 759.01, 3,531
1111.19, 1151.345, 1161.59, 1319.12, 1345.21, 1721.01, 1721.06, 3,532
1721.21, 1721.211, 1733.51, 2117.25, 2925.01, 4735.01, 4735.02, 3,533
4735.051, 4735.07, 4735.10, 4735.141, 4735.18, 4735.32, 4735.57, 3,534
4767.02, 4767.04, 4767.06, 4767.08, and 4767.99 and sections 3,536
2117.251 and 4735.091 of the Revised Code are hereby repealed.
Section 3. Not more than two years after the effective 3,538
date of this act the Cemetery Dispute Resolution Commission shall 3,539
provide a written report to the Governor, the Speaker of the 3,540
House of Representatives, and the President of the Senate on the 3,541
effectiveness of the Ohio cemetery law. The report shall include 3,542
recommendations for modification of the Ohio cemetery law in
80
light of consumer complaints and industry problems. 3,543
Section 4. Section 2925.01 of the Revised Code is 3,545
presented in this act as a composite of the section as amended by 3,546
both Sub. H.B. 606 and Sub. S.B. 200 of the 122nd General 3,548
Assembly, with the new language of neither of the acts shown in 3,549
capital letters. This is in recognition of the principle stated 3,550
in division (B) of section 1.52 of the Revised Code that such 3,551
amendments are to be harmonized where not substantively 3,552
irreconcilable and constitutes a legislative finding that such is 3,553
the resulting version in effect prior to the effective date of 3,554
this act.