As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 18 5
1999-2000 6
REPRESENTATIVES SCHULER-ALLEN-BUCHY-TERWILLEGER-TAYLOR- 8
WESTON-CLANCY-KREBS-OGG-CATES-ROMAN-WILLAMOWSKI-SALERNO- 9
O'BRIEN-MOTTLEY-BRITTON-PRINGLE-JAMES-VAN VYVEN-JOLIVETTE- 10
KRUPINSKI-VERICH-CORBIN-HOUSEHOLDER-VESPER-BRADING-GRENDELL- 11
FERDERBER-JONES-WINKLER 12
_________________________________________________________________
A B I L L
To amend sections 517.23, 517.24, 759.01, 1111.19, 14
1151.345, 1161.59, 1319.12, 1345.21, 1721.01, 15
1721.06, 1721.21, 1721.211, 1733.51, 2117.25, 16
2925.01, 4735.01, 4735.02, 4735.051, 4735.07, 17
4735.10, 4735.141, 4735.18, 4735.32, 4735.57, 18
4767.02, 4767.04, 4767.06, 4767.08, and 4767.99, 19
to enact section 4767.031, and to repeal sections 20
2117.251 and 4735.091 of the Revised Code to 22
revise laws dealing with the operation and
registration of cemeteries and with preneed 24
burial vault contracts. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 517.23, 517.24, 759.01, 1111.19, 30
1151.345, 1161.59, 1319.12, 1345.21, 1721.01, 1721.06, 1721.21, 31
1721.211, 1733.51, 2117.25, 2925.01, 4735.01, 4735.02, 4735.051, 32
4735.07, 4735.10, 4735.141, 4735.18, 4735.32, 4735.57, 4767.02, 33
4767.04, 4767.06, 4767.08, and 4767.99 be amended and section 35
4767.031 of the Revised Code be enacted to read as follows:
Sec. 517.23. (A) Subject to divisions (B), (D), and (E) 44
of this section, the board of township trustees, the trustees or 46
directors of a cemetery association, or the other officers having 47
control and management of a cemetery OR THE OFFICER OF A
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MUNICIPAL CORPORATION WHO HAS CONTROL AND MANAGEMENT OF A 48
MUNICIPAL CEMETERY shall disinter or grant permission to disinter 50
any remains buried in the cemetery in either of the following 51
circumstances:
(1) If the surviving spouse of the decedent is eighteen 53
years of age or older, on WITHIN THIRTY DAYS AFTER THE FILING OF 54
AN application of the surviving spouse made in accordance with 55
division (A) of section 517.24 of the Revised Code and payment by 56
the applicant of the reasonable costs and expense of 57
disinterment;
(2) On order of a probate court issued under division (B) 59
of section 517.24 of the Revised Code and payment by the person 60
who applied for the order under that division of the reasonable 62
costs and expense of disinterment.
(B) No disinterment shall be made pursuant to this section 64
and section 517.24 of the Revised Code if the decedent died of a 67
contagious or infectious disease until a permit has been issued 68
by the board of health of a general health district or of a city 69
health district.
(C) Upon disinterment of remains under division (A)(1) or 72
(2) of this section, the involved board, trustees, directors, or
other officers, OR OFFICER OF THE MUNICIPAL CORPORATION shall 74
deliver or cause to be delivered the disinterred remains to the 75
applicant surviving spouse or, if the disinterment was pursuant 76
to court order issued under division (B) of section 517.24 of the 77
Revised Code, to the person who applied for the order under that 78
division.
(D) The board of township trustees, the trustees or 80
directors of a cemetery association, or the other officers having 81
control and management of a cemetery OR THE OFFICER OF A 83
MUNICIPAL CORPORATION WHO HAS CONTROL AND MANAGEMENT OF A 84
MUNICIPAL CEMETERY may disinter or grant permission to disinter 85
and, if appropriate, may reinter or grant permission to reinter 86
any remains buried in the cemetery to correct an interment error 87
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in the cemetery if the board, trustees, directors, or other 89
officers, OR OFFICER OF THE MUNICIPAL CORPORATION comply with the 91
internal rules of the cemetery pertaining to disinterments and if 92
the board, trustees, directors, or other officers, OR OFFICER OF 93
THE MUNICIPAL CORPORATION provide notice of the disinterment to 94
the decedent's last known next of kin. The board, trustees, 96
directors, or other officers, OR OFFICER OF THE MUNICIPAL 97
CORPORATION may correct an interment error under this division 99
without a court order or an application by a person. 100
(E)(1) A person who is an interested party and who is 102
eighteen years of age or older and of sound mind may apply to the 104
probate court of the county in which the decedent is buried for 105
an order to prevent the decedent's surviving spouse from having 106
the remains of the decedent disinterred. An application to
prevent the disinterment of the remains of the decedent shall be 108
in writing, subscribed and verified by oath, and include all of 109
the following:
(a) If applicable, a statement that the applicant assumed 111
financial responsibility for the funeral and burial expenses of 112
the decedent;
(b) If division (E)(1)(a) of this section is inapplicable 115
relative to the applicant, a statement that the applicant did not 116
assume financial responsibility for the funeral and burial
expenses of the decedent; 117
(c) A statement that the applicant is eighteen years of 119
age or older and of sound mind; 120
(d) The relationship of the applicant to the decedent; 122
(e) A statement of the applicant's reasons to oppose the 124
disinterment of the remains of the decedent. 125
(2) An applicant for an order to prevent the disinterment 127
of the remains of the decedent under division (E) of this section 129
promptly shall give notice of the filing of the application by 131
certified mail, return receipt requested, to the decedent's
surviving spouse. The notice shall indicate that the applicant 133
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has filed an application for an order to prevent the disinterment 134
of the remains of the decedent.
(F) As used in this section and in section 517.24 of the 137
Revised Code:
(1) "Cemetery" and "interment" have the same meanings as 139
in section 1721.21 of the Revised Code. 140
(2) "Disinterment" means the recovery of human remains by 142
exhumation, disentombment, or disinurnment. "Disinterment" does 143
not include the raising and lowering of remains to accommodate 144
two interments within a single grave and does not include the 145
repositioning of an outside burial container that encroaches an 146
adjoining burial space.
Sec. 517.24. (A) An application by a surviving spouse for 155
disinterment under section 517.23 of the Revised Code shall be in 157
writing and shall state that the applicant is the surviving 158
spouse of the decedent, that the applicant is eighteen years of 159
age or older and of sound mind, the disease of which the decedent 161
died, and the place at which the remains shall be reinterred. 162
The application shall be subscribed and verified by oath. 163
(B)(1) A person who is eighteen years of age or older and 165
of sound mind and who is not the surviving spouse of the decedent 166
involved may obtain a court order under this division for the 167
disinterment of the remains of the decedent. Any person who is 168
eighteen years of age or older and of sound mind, including, but 169
not limited to, the person who assumed financial responsibility 170
for the funeral and burial expenses of the decedent, and who 171
wishes to obtain a court order for the disinterment of the 173
remains of the decedent may file an application in the probate 174
court of the county in which the decedent is buried requesting
the court to issue an order for the disinterment of the remains 175
of the decedent. The application shall be in writing, subscribed 176
and verified by oath, and include all of the following: 177
(a) If applicable, a statement that the applicant assumed 179
financial responsibility for the funeral and burial expenses of 180
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the decedent;
(b) If division (B)(1)(a) of this section is inapplicable 183
relative to the applicant, a statement that the applicant did not 184
assume financial responsibility for the funeral and burial
expenses of the decedent; 185
(c) A statement that the applicant is eighteen years of 187
age or older and of sound mind; 188
(d) The relationship of the applicant to the decedent; 190
(e) A statement of the place at which the remains will be 192
reinterred; 193
(f) The name, the relationship to the decedent, and the 195
address of the decedent's surviving spouse, of all persons who 196
would have been entitled to inherit from the decedent under 197
Chapter 2105. of the Revised Code if the decedent had died 198
intestate, and, if the decedent had a will, of all legatees and 199
devisees named in the decedent's will.
(2)(a) Subject to division (B)(2)(b) of this section, upon 202
the filing of an application for an order for disinterment of 203
remains under division (B) of this section, the applicant
promptly shall give notice as described in this division by 205
certified mail, return receipt requested, to the decedent's 206
surviving spouse,; to all persons who would have been entitled to 207
inherit from the decedent under Chapter 2105. of the Revised Code 209
if the decedent had died intestate, and,; if the decedent had a 210
will, to all legatees and devisees named in the decedent's will; 213
AND TO THE BOARD OF TOWNSHIP TRUSTEES, THE TRUSTEES OR DIRECTORS 214
OF A CEMETERY ASSOCIATION, OR THE OTHER OFFICERS HAVING CONTROL
AND MANAGEMENT OF THE CEMETERY IN WHICH THE REMAINS OF THE 215
DECEDENT ARE INTERRED OR TO THE OFFICER OF A MUNICIPAL 216
CORPORATION WHO HAS CONTROL AND MANAGEMENT OF A MUNICIPAL 217
CEMETERY IN WHICH THE REMAINS OF THE DECEDENT ARE INTERRED. The 218
notice shall indicate that an application for disinterment of the 219
remains of the decedent has been filed. 220
(b) A person entitled to be given the notice described in 222
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division (B)(2)(a) of this section may waive the right to receive 224
the notice by filing a written waiver of that right in the
probate court. 225
(c) The fact that the notice required by division 227
(B)(2)(a) of this section has been given, subject to division 229
(B)(2)(d) of this section, to all persons described in division 230
(B)(2)(a) of this section who have not waived their right to 231
receive the notice and, if applicable, the fact that certain 232
persons described in that division have waived their right to
receive the notice in accordance with division (B)(2)(b) of this 234
section shall be evidenced by an affidavit of the applicant for
the order for disinterment, and the applicant shall file the 235
affidavit in the probate court. 236
(d) An applicant for an order for disinterment is not 238
required to give a notice pursuant to division (B)(2)(a) of this 239
section to persons whose names or places of residence are unknown 240
and cannot with reasonable diligence be ascertained, and the 241
applicant shall file an affidavit in the probate court specifying 242
any persons who were not given notice pursuant to division 243
(B)(2)(a) of this section and the reason for not giving notice to 244
those persons.
(3)(a) Except as otherwise provided in division (B)(3)(b) 247
of this section, upon the filing of an application for 248
disinterment of remains and the giving of the required notice
under division (B)(2) of this section, the probate court promptly 249
shall conduct a hearing to determine whether to issue an order 250
for disinterment of the remains of the decedent. Except as 251
otherwise provided in division (B)(3)(a) of this section, at the 252
hearing, the court, in its discretion, may issue an order for 253
disinterment of the decedent's remains IF GOOD CAUSE FOR
DISINTERMENT IS SHOWN. If a person who is an interested party 255
and who is eighteen years of age or older and of sound mind 256
establishes by a preponderance of the evidence at the hearing 257
that the issuance of an order for disinterment of the decedent's 258
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remains under division (B)(3) of this section would be against 259
the decedent's religious beliefs OR ASCERTAINABLE DESIRES, the 260
court shall not issue the requested order UNLESS THE COURT FINDS 261
A COMPELLING REASON TO ISSUE IT. If the court is not so 263
prohibited from issuing the requested order and exercises its
discretion to issue the requested order for disinterment of the 265
decedent's remains under IN ACCORDANCE WITH division (B)(3) of 266
this section, the court promptly shall deliver the order to the 268
applicant. AN ORDER OF THE COURT FOR DISINTERMENT OF THE
DECEDENT'S REMAINS SHALL SPECIFY THAT THE BOARD OF TOWNSHIP 269
TRUSTEES, THE TRUSTEES OR BOARD OF THE CEMETERY ASSOCIATION, OR 270
OTHER OFFICERS HAVING CONTROL AND MANAGEMENT OF THE CEMETERY OR 271
THE OFFICER OF A MUNICIPAL CORPORATION WHO HAS CONTROL AND 272
MANAGEMENT OF THE MUNICIPAL CEMETERY SHALL HAVE A PERIOD OF AT
LEAST THIRTY DAYS FROM THE RECEIPT OF THE ORDER TO PERFORM THE 273
ORDERED DISINTERMENT. 274
(b) The court is not required to conduct a hearing under 277
division (B)(3)(a) of this section if each person entitled to be 278
given the notice described in division (B)(2)(a) of this section 279
has waived that right by filing a written waiver of the right to 280
receive the notice in the probate court. 281
Sec. 759.01. Any municipal corporation may provide public 290
cemeteries and crematories for burial or incineration of the dead 291
and regulate public and private cemeteries and crematories. Any 292
cemetery established by a municipal corporation shall register 293
with the division of real estate in the department of commerce 294
pursuant to section 4767.03 of the Revised Code. ANY CEMETERY OF 295
THAT NATURE IS SUBJECT TO CHAPTER 4767. AND TO SECTIONS 517.23 TO 296
517.25 AND 1721.211 OF THE REVISED CODE IN ADDITION TO BEING 297
SUBJECT TO THIS CHAPTER. 298
Sec. 1111.19. (A) As used in this section: 307
(1) "Financial institution" means a bank, savings bank, or 309
savings association located in this state and insured by the 310
federal deposit insurance corporation or a credit union 311
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authorized to do business in this state.
(2) "Preneed funeral contract" means a written agreement, 313
contract, or series of contracts to sell or otherwise provide any 315
funeral services, funeral goods, or any combination thereof, to 316
be used in connection with the funeral or final disposition of a 317
dead human body, where payment for the goods or services is made 318
either outright or on an installment basis, prior to the death of
the person purchasing them or for whom they are purchased. A 319
preneed funeral contract that includes funeral services may be 320
sold only by a funeral director licensed pursuant to Chapter 321
4717. of the Revised Code. FOR THE PURPOSE OF THIS SECTION, 322
"FUNERAL GOODS" INCLUDES CASKETS. "Preneed funeral contract" 323
does not include any preneed burial vault CEMETERY MERCHANDISE 324
AND SERVICES contract, OR any agreement, contract, or series of 327
contracts pertaining to the sale of any burial lot, burial or
interment right, entombment right, or columbarium right with 328
respect to which either an endowment care fund is established or 329
is not required to be established EXEMPT FROM ESTABLISHMENT 331
pursuant to section 1721.21 of the Revised Code, or any 332
agreement, contract, or series of contracts pertaining to the 333
sale of cemetery interment rights made by a person licensed as a 335
limited real estate broker or limited real estate salesman 336
pursuant to section 4735.091 of the Revised Code. 337
(B) Any preneed funeral contract that involves the payment 339
of money shall be in writing and in compliance with the laws and 340
rules of this state. One hundred per cent of all payments for 341
funeral goods and services made under a preneed funeral contract 342
shall remain intact and held in trust for the benefit of the 343
person for whose benefit the contract is made. No money in a 345
preneed funeral contract trust shall be distributed from the
trust except as provided in this section. Any purchaser on 346
initially entering into a preneed funeral contract may, within 347
seven days, rescind the contract and request and receive from the 348
seller one hundred per cent of all payments made under the 349
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contract.
(C) Within thirty days after the seller of funeral goods 351
or services receives any payment under a preneed funeral 353
contract, the seller shall deliver the moneys received and not 355
returned to the purchaser as provided in division (B) of this 356
section, to the trustee designated in the preneed funeral 357
contract or an amendment to it.
(D) The trustee of each preneed funeral contract trust 359
shall be a financial institution or a natural person not required 360
by this chapter to be licensed to do trust business. A natural 362
person acting as trustee of a preneed funeral contract trust 364
shall be bonded by a corporate surety bond in an amount not less 365
than one hundred per cent of the funds in all of the preneed
funeral contract trusts the person serves as trustee. 366
(E)(1) A trustee shall establish a separate preneed 368
funeral contract trust for the moneys paid under each preneed 369
funeral contract, unless the purchaser under a preneed funeral 370
contract authorizes the trustee to place the moneys paid in a 371
combined preneed funeral contract trust. The trustee of a 372
combined preneed funeral contract trust shall keep exact records 373
of the corpus, income, expenses, and disbursements with regard to 375
each beneficiary of a preneed funeral contract for whom moneys 376
are held in the trust. The terms of a preneed funeral contract 377
trust shall be governed by this section.
(2) A trustee may charge a fee for managing a preneed 379
funeral contract trust. The fee shall not exceed the amount 380
regularly or usually charged for similar services rendered by the 381
financial institution when serving as a trustee, and shall be 382
paid only from the income on that trust.
(F) No preneed funeral contract shall restrict the 384
purchaser from making the contract irrevocable. On the purchase 385
by an individual of an irrevocable preneed funeral contract, the 386
selling funeral director assumes the legal obligation to provide 387
for the funeral of the individual pursuant to the terms of the 388
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contract.
(G) The purchaser of a preneed funeral contract that is 390
not irrevocable may, on not less than fifteen days' notice, 391
cancel the contract and request and receive from the trustee 393
payments made under the contract and any income earned up to the 394
time of cancellation, less fees, distributions, and expenses made 395
pursuant to this section; except, if a preneed funeral contract
stipulates a firm or fixed or guaranteed price for funeral 396
services and goods for future use at a time determined by the 397
death of the beneficiary of the preneed funeral contract, the 398
purchaser, on not less than fifteen days' notice, may cancel the 400
contract and receive from the trustee ninety per cent of the
principal paid pursuant to the preneed funeral contract, not less 401
than eighty per cent of any interest earned up to the time of 402
cancellation, and not less than eighty per cent of any income 403
earned on the funds since the funds were paid to the seller and 404
up to the time of cancellation less any fees, distributions, and 405
expenses. On cancellation, after the funds have been distributed 406
to the purchaser pursuant to this division, the trustee shall
distribute all remaining funds attributable to the canceled 407
preneed funeral contract to the seller. If more than one 408
purchaser enters into the contract, all of those purchasers must 409
request cancellation for it to be effective under this division, 410
and the trustee shall refund to each purchaser only those funds
that purchaser has paid under the contract and a proportionate 411
amount of any income earned on those funds, less any fees, 412
distributions, and expenses.
(H) A certified copy of the certificate of death or other 414
evidence of death satisfactory to the trustee shall be furnished 416
to the trustee as evidence of death, and the trustee shall 417
promptly pay the accumulated payments and income, if any, 418
according to the preneed funeral contract. The payment of the 419
accumulated payments and income pursuant to this section and,
when applicable, the preneed funeral contract, shall relieve the 420
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trustee of any further liability on the accumulated payments and 421
income.
(I) For purposes of this section, the seller is deemed to 423
have delivered funeral goods pursuant to a preneed funeral 424
contract when either of the following occurs: 425
(1) The seller makes actual delivery of the goods to the 427
beneficiary;
(2) The seller does all of the following: 429
(a) Receives delivery of the goods on behalf of the 431
beneficiary;
(b) Stores the goods upon the real property of a funeral 433
home licensed in this state; 434
(c) Notifies the beneficiary of receipt of the goods and 436
identifies the specific location of the goods; 437
(d) At the time of the purchaser's final payment, provides 439
the beneficiary with evidence of ownership in the beneficiary's 440
name showing the goods to be free and clear of any liens or other 441
encumbrances.
(J) The seller of funeral goods or services under a 443
preneed funeral contract annually shall submit to the board of 444
embalmers and funeral directors the reports the board requires. 445
(K) The general assembly intends this section to be 447
construed as a limitation on the manner in which a person is 448
permitted to accept funds in prepayment for funeral services to 449
be performed in the future, or funeral goods to be used in 451
connection with the funeral or final disposition of human
remains, to the end that at all times members of the public may 452
have an opportunity to arrange and pay for funerals for 453
themselves and their families in advance of need while at the 454
same time providing all possible safeguards to ensure that 455
prepaid funds cannot be dissipated, whether intentionally or not,
but remain available for payment for funeral goods and services 456
in connection with the funeral or final disposition of dead human 457
bodies.
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(L) This section does not apply when the seller of funeral 459
goods or services under a preneed funeral contract is an 460
established and legally cognizable church or denomination that is 461
exempt from federal income taxation under section 501(c)(3) of 462
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 465
501, as amended, and the preneed funeral contract pertains to a 466
cemetery owned and operated entirely and exclusively by the 467
church or denomination; provided the church or denomination
adopts, on a voluntary basis, rules and other measures to 468
safeguard and secure all funds received under any preneed funeral 469
contract.
(M) THIS SECTION DOES NOT PROHIBIT PERSONS WHO ARE NOT 471
LICENSED FUNERAL DIRECTORS FROM SELLING FUNERAL GOODS PURSUANT TO 472
A PRENEED FUNERAL CONTRACT; HOWEVER, ALL SELLERS OF FUNERAL GOODS 474
PURSUANT TO A PRENEED FUNERAL CONTRACT SHALL COMPLY WITH THIS 475
SECTION UNLESS THE SELLER IS SPECIFICALLY EXEMPT FROM COMPLIANCE 476
BY THIS SECTION.
Sec. 1151.345. A savings and loan association may, in 485
accordance with sections 1111.19 and 1721.211 of the Revised 486
Code, MAY receive and hold on deposit moneys under a preneed 488
funeral contract or a preneed burial CEMETERY MERCHANDISE AND 489
SERVICES contract.
Sec. 1161.59. In accordance with sections 1111.19 and 498
1721.211 of the Revised Code, a savings bank may receive and hold 500
on deposit moneys under a preneed funeral contract or a preneed 501
burial CEMETERY MERCHANDISE AND SERVICES contract. 502
Sec. 1319.12. (A)(1) As used in this section, "collection 512
agency" means any person who, for compensation, contingent or 513
otherwise, or for other valuable consideration, offers services 514
to collect an alleged debt asserted to be owed to another. 515
(2) "Collection agency" does not mean a person whose 517
collection activities are confined to and directly related to the 519
operation of another business, including, but not limited to, the 520
following:
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(a) Any bank, including the trust department of a bank, 523
trust company, savings and loan association, savings bank, credit 524
union, or fiduciary as defined in section 1339.03 of the Revised 526
Code, except those that own or operate a collection agency; 528
(b) Any real estate broker, OR real estate salesperson, 531
limited real estate broker, or limited real estate salesperson, 532
as these persons are defined in section 4735.01 of the Revised 533
Code;
(c) Any retail seller collecting its own accounts; 536
(d) Any insurance company authorized to do business in 538
this state under Title XXXIX of the Revised Code or a health 539
insuring corporation authorized to operate in this state under 541
Chapter 1751. of the Revised Code;
(e) Any public officer or judicial officer acting under 543
order of a court;
(f) Any licensee as defined either in section 1321.01 or 545
1321.71 of the Revised Code, or any registrant as defined in 546
section 1321.51 of the Revised Code; 547
(g) Any public utility; 549
(h) ANY PERSON REGISTERED TO SELL INTERMENT RIGHTS UNDER 551
SECTION 4767.031 OF THE REVISED CODE. 552
(B) A collection agency with a place of business in this 555
state may take assignment of another person's accounts, bills, or 557
other evidences of indebtedness in its own name for the purpose 558
of billing, collecting, or filing suit in its own name as the 559
real party in interest.
(C) No collection agency shall commence litigation for the 562
collection of an assigned account, bill, or other evidence of 563
indebtedness unless it has taken the assignment in accordance 564
with all of the following requirements: 565
(1) The assignment was voluntary, properly executed, and 567
acknowledged by the person transferring title to the collection 568
agency. 569
(2) The collection agency did not require the assignment 571
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as a condition to listing the account, bill, or other evidence of 573
indebtedness with the collection agency for collection.
(3) The assignment was manifested by a written agreement 575
separate from and in addition to any document intended for the 576
purpose of listing the account, bill, or other evidence of 577
indebtedness with the collection agency. The written agreement 578
must SHALL state the effective date of the assignment and the 579
consideration paid or given, if any, for the assignment, and must 581
SHALL expressly authorize the collection agency to refer the 582
assigned account, bill, or other evidence of indebtedness to an 583
attorney admitted to the practice of law in this state for the 584
commencement of litigation. The written agreement must also 585
SHALL disclose that the collection agency may CONSOLIDATE, for 587
purposes of filing an action, consolidate the assigned account, 589
bill, or other evidence of indebtedness with those of other
creditors against an individual debtor or co-debtors. 590
(4) Upon the effective date of the assignment to the 592
collection agency, the creditor's account maintained by the 593
collection agency in connection with the assigned account, bill, 594
or other evidence of indebtedness was canceled. 595
(D) A collection agency shall commence litigation for the 598
collection of an assigned account, bill, or other evidence of 599
indebtedness in a court of competent jurisdiction located in the 600
county in which the debtor resides, or in the case of co-debtors, 601
a county in which at least one of the co-debtors resides. 602
(E) No collection agency shall commence any litigation 605
authorized by this section unless the agency appears by an 606
attorney admitted to the practice of law in this state. 607
(F) This section does not affect the powers and duties of 609
any person described in division (A)(2) of this section. 610
(G) Nothing in this section relieves a collection agency 612
from complying with the "Fair Debt Collection Practices Act," 91 613
Stat. 874 (1977), 15 U.S.C. 1692, as amended, or deprives any 614
debtor of the right to assert defenses as provided in section 615
15
1317.031 of the Revised Code and 16 C.F.R. 433, as amended. 616
(H) For purposes of filing an action, a collection agency 619
that has taken an assignment or assignments pursuant to this 620
section may consolidate the assigned accounts, bills, or other 621
evidences of indebtedness of one or more creditors against an 622
individual debtor or co-debtors. Each separate assigned account, 623
bill, or evidence of indebtedness must be separately identified 624
and pled in any consolidated action authorized by this section. 625
If a debtor or co-debtor raises a good faith dispute concerning 626
any account, bill, or other evidence of indebtedness, the court 627
shall separate each disputed account, bill, or other evidence of 628
indebtedness from the action and hear the disputed account, bill, 630
or other evidence of indebtedness on its own merits in a separate 631
action. The court shall charge the filing fee of the separate 632
action to the losing party.
Sec. 1345.21. As used in sections 1345.21 to 1345.28 of 641
the Revised Code: 642
(A) "Home solicitation sale" means a sale of consumer 644
goods or services in which the seller or a person acting for him 645
THE SELLER engages in a personal solicitation of the sale at a 646
residence of the buyer, including solicitations in response to or 648
following an invitation by the buyer, and the buyer's agreement 649
or offer to purchase is there given to the seller or a person 650
acting for him THE SELLER, or in which the buyer's agreement or 652
offer to purchase is made at a place other than the seller's 653
place of business. It does not include a transaction or 654
transactions in which:
(1) The total purchase price to be paid by the buyer, 656
whether under single or multiple contracts, is less than 657
twenty-five dollars; 658
(2) The transaction was conducted and consummated entirely 660
by mail or by telephone if initiated by the buyer, and without 661
any other contact between the seller or his THE SELLER'S 662
representative prior to the delivery of goods or performance of 664
16
the service;
(3) The final agreement is made pursuant to prior 666
negotiations in the course of a visit by the buyer to a retail 667
business establishment having a fixed permanent location where 668
the goods are exhibited or the services are offered for sale on a 669
continuing basis; 670
(4) The buyer initiates the contact between the parties 672
for the purpose of negotiating a purchase and the seller has a 673
business establishment at a fixed location in this state where 674
the goods or services involved in the transaction are regularly 675
offered or exhibited for sale;. 676
Advertisements by such a seller in newspapers, magazines, 678
catalogues, radio, or television do not constitute the seller 679
initiation of the contact. 680
(5) The buyer initiates the contact between the parties, 682
the goods or services are needed to meet a bona fide immediate 683
personal emergency of the buyer which will jeopardize the 684
welfare, health, or safety of natural persons, or endanger 685
property which the buyer owns or for which he THE BUYER is 686
responsible, and the buyer furnishes the seller with a separate, 688
dated, and signed statement in the buyer's handwriting describing 689
the situation requiring immediate remedy and expressly 690
acknowledging and waiving the right to cancel the sale within 691
three business days;
(6) The buyer has initiated the contact between the 693
parties and specifically requested the seller to visit his THE 694
BUYER'S home for the purpose of repairing or performing 696
maintenance upon the buyer's personal property. If, in the 697
course of such a visit, the seller sells the buyer additional 698
services or goods other than replacement parts necessarily used 699
in performing the maintenance or in making the repairs, the sale 700
of those additional goods or services does not fall within this 701
exclusion.
(7) The buyer is accorded the right of rescission by the 703
17
"Consumer Credit Protection Act," (1968) 82 Stat. 152, 15 U.S.C. 704
1635, or regulations adopted pursuant to it. 705
(B) "Sale" includes a lease or rental. 707
(C) "Seller" includes a lessor or any one ANYONE offering 709
goods for rent. 710
(D) "Buyer" includes a lessee or anyone who gives a 712
consideration for the privilege of using goods. 713
(E) "Consumer goods or services" means goods or services 715
purchased, leased, or rented primarily for personal, family, or 716
household purposes, including courses or instruction or training 717
regardless of the purpose for which they are taken. 718
(F) "Consumer goods or services" do DOES not include goods 720
or services pertaining to any of the following: 721
(1) Sales or rentals of real property by a real estate 723
broker or salesman, other than limited real estate brokers or 725
salesmen SALESPERSON, or by a foreign real estate dealer or 726
salesman SALESPERSON, who is licensed by the Ohio real estate 728
commission under Chapter 4735. of the Revised Code; 729
(2) The sale of securities or commodities by a 731
broker-dealer registered with the securities and exchange 732
commission; 733
(3) The sale of securities or commodities by a securities 735
dealer or salesman SALESPERSON licensed by the division of 736
securities under Chapter 1707. of the Revised Code; 738
(4) The sale of insurance by a person licensed by the 740
superintendent of insurance; 741
(5) Goods sold or services provided by automobile dealers 743
and salesmen SALESPERSONS licensed by the registrar of motor 744
vehicles under Chapter 4517. of the Revised Code; 746
(6) The sale of property at an auction by an auctioneer 748
licensed by the department of commerce under Chapter 4707. of the 749
Revised Code. 750
(G) "Purchase price" means the total cumulative price of 752
the consumer goods or services, including all interest and 753
18
service charges. 754
(H) "Place of business" means the main office, or a 756
permanent branch office or permanent local address of a seller. 757
(I) "Business day" means any calendar day except Sunday, 759
or the following business holidays: New Year's day, Washington's 760
birthday PRESIDENTS' DAY, Memorial day, Independence day, Labor 762
day, Columbus day, Veteran's VETERANS day, Thanksgiving day, and 763
Christmas day. 764
Sec. 1721.01. A company or association incorporated for 773
cemetery purposes may appropriate or otherwise acquire, and may 774
hold, not more than six hundred forty acres of land AT ANY ONE 775
LOCATION, which shall be exempt from execution, from being 777
appropriated for any public purpose, except as otherwise provided 778
in this section, and from taxation, if held exclusively for 779
cemetery or burial purposes, and with no view to profit. A 780
COMPANY OR ASSOCIATION OF THAT NATURE MAY OWN LAND AT MULTIPLE 782
LOCATIONS, AND AS MANY AS SIX HUNDRED FORTY ACRES OWNED AT EACH 784
LOCATION IN ACCORDANCE WITH THIS SECTION ARE ENTITLED TO THE 785
EXEMPTIONS SPECIFIED IN THIS SECTION.
Lands of cemetery associations not containing graves or not 787
containing graves that are in use as such on the date a written 788
notice, as provided in this section, is served upon the officers 789
of a cemetery, shall be subject to appropriation for highway or 790
street purposes if an appropriation commences within four years 791
of the serving of the notice. For such purposes said lands shall 792
be subject to the exercise of the right of eminent domain by the 793
municipal corporation in which such lands are located, by the 794
board of county commissioners of the county in which such lands 795
are located, or by the director of transportation under the same 796
conditions and in the same manner as any private property; and, 797
if any burial occurs within the area specifically designated in 798
the written notice, the appropriating agency shall have the same 799
powers with respect to such burial as are given to a board of 800
township trustees by section 517.21 of the Revised Code and shall 801
19
pay any costs resulting from the exercise of these powers. This 802
section shall not be construed as authorizing an appropriating 803
agency to exercise the powers specified by section 517.21 of the 804
Revised Code in any part of a cemetery other than the area 805
specifically designated in the written notice. 806
The appropriating agency shall serve upon the officers or 808
agents having control of a cemetery a written notice that a 809
specifically designated area of the cemetery may be needed for 810
highway purposes. No such notice may be served more than once. 811
Such appropriation proceedings shall be made in the manner 813
provided for in sections 163.01 to 163.22 of the Revised Code or, 814
if by the director of transportation, as otherwise provided by 815
law. 816
The board of trustees of such company or association, 818
whenever in its opinion any portion of such lands is unsuitable 819
for burial purposes, may sell and convey by deed in fee simple, 820
in such manner, and upon such terms, as are provided by 821
resolution of such board, any such portion of said lands, and 822
apply the proceeds thereof to the general purposes of the company 823
or association; but on such sale being made, the lands so sold 824
shall be returned by the board to the auditor of the proper 825
county and placed by him THAT AUDITOR upon the grand duplicate 826
for taxation. 827
Such company or association may also take, set aside, or 829
hold any personal property received by it from any source for 830
cemetery purposes; and if such company or association is 831
incorporated not for profit, all personal property, including the 832
income therefrom, owned or held by it, or for its use, for 833
cemetery purposes and with no view to profit, shall be exempt 834
from execution, from being appropriated for any public purpose, 835
and from taxation, and no tax shall be assessed upon any personal 836
property or the income therefrom expressly exempted under this 837
section. 838
THIS CHAPTER DOES NOT AUTHORIZE THE EXEMPTION OF REAL 840
20
PROPERTY USED FOR A FUNERAL HOME OR ANY OTHER ACTIVITY NOT 841
PERMITTED TO BE CONDUCTED BY A CEMETERY ASSOCIATION EXEMPT FROM 842
TAXATION UNDER SECTION 501(c)(13) OF THE "INTERNAL REVENUE CODE 843
OF 1954," 26 U.S.C.A. 501, OR ANY SUCCESSOR PROVISION. 844
All exemptions from taxation provided for in this section 846
shall be in addition to such other exemptions from taxation as a 847
company or association incorporated for cemetery purposes, or its 848
real or personal property, has under any other provisions of the 849
Revised Code. 850
Sec. 1721.06. After paying for its land, a cemetery 859
company or association shall apply all its receipts and income, 860
whether from sale of lots, from donations, or otherwise, 861
exclusively to laying out, preserving, protecting, and 862
embellishing the cemetery and avenues within it or leading to it,
to the erection of buildings necessary OR APPROPRIATE for 863
cemetery purposes, and to paying the necessary expenses of the 865
cemetery company or association. No debts shall be incurred by 866
such THE CEMETERY company or association except for purchasing, 867
laying out, inclosing, and embellishing the ground, buildings 868
necessary OR APPROPRIATE for cemetery purposes, and avenues, for 870
which purposes it may contract debts to be paid out of future 871
receipts. FOR PURPOSES OF THIS SECTION, BUILDINGS APPROPRIATE
FOR CEMETERY PURPOSES INCLUDE, BUT ARE NOT LIMITED TO, BUILDINGS 873
FOR CREMATORY FACILITIES, FUNERAL HOMES, AND OTHER BUILDINGS 874
INTENDED TO PRODUCE INCOME FOR THE CEMETERY COMPANY OR 875
ASSOCIATION. 876
No part of the funds of a cemetery company or association, 878
or of the proceeds of land sold by it, shall ever be divided 879
among its stockholders or lot owners, and all its funds must 880
SHALL be used exclusively for the purposes of the company or 881
association as specified in this section, or invested in a fund 882
the income of which shall be so used and appropriated.
Sec. 1721.21. (A) As used in this section: 891
(1) "Person" means any corporation, company, partnership, 893
21
individual, or other entity owning or operating a cemetery for 894
the disposition of human remains. 895
(2) "Cemetery" means any one or a combination of more than 897
one of the following: 898
(a) A burial ground for earth interments; 900
(b) A mausoleum for crypt entombments; 902
(c) A columbarium for the deposit of cremated remains; 904
(d) A SCATTERING GROUND FOR THE SPREADING OF CREMATED 906
REMAINS. 907
(3) "Interment" means the disposition of human remains by 909
earth burial, entombment, or inurnment. 910
(4) "Burial right" means the right of earth interment. 912
(5) "Entombment right" means the right of entombment in a 914
mausoleum. 915
(6) "Columbarium right" means the right of inurnment in a 917
columbarium for cremated remains. 918
(B) No person shall operate or continue to operate any 920
cemetery in Ohio unless an endowment care fund TRUST is 921
established and maintained as required by this section. 923
(C) Any person desiring to operate any cemetery that is 926
organized or developed after July 1, 1970, before offering to
sell or selling any burial lot, burial right, entombment right, 927
or columbarium right in that cemetery, shall first establish an 929
endowment care fund TRUST, segregated from other assets, and 930
place in that fund a minimum of fifty thousand dollars in cash or 933
in bonds of the United States, this state, or any county or 934
municipal corporation of this state. 935
Whenever any person described in this division has placed 937
another fifty thousand dollars in the endowment care fund TRUST 939
out of gross sales proceeds, in addition to the deposit required 941
by this division, that person, after submitting proof of this 943
fact to its trustee THE TRUSTEES OF THE ENDOWMENT CARE TRUST, may 944
withdraw BE PAID A DISTRIBUTION IN the sum of fifty thousand 946
dollars from the endowment care fund TRUST. 947
22
(D) Any person desiring to operate or to continue to 949
operate any cemetery after July 1, 1970, shall place into the 950
endowment care fund TRUST as required by this section not less 951
than ten per cent of the gross sales proceeds received from the 953
sale of any burial lot, burial right, entombment right, or 954
columbarium right. This percentage shall be placed in the 955
endowment care fund TRUST no later than thirty days following the 956
month in which the entire gross sales are received, except that 958
in the event that a cemetery receives installment payments from 959
any purchaser of a burial lot, burial right, entombment right, or 960
columbarium right, during any six-month period, which would 961
require a deposit of one thousand dollars or more under this 962
section had the full purchase price been paid, then the cemetery 963
shall forthwith place the amount required under this section in 964
its limited real estate broker's escrow fund. Upon receipt of 965
the final installment payment, the cemetery shall transfer the 966
total amount required under this section to the endowment care 967
fund no later than thirty days following the month in which the 968
final payment is received. 969
(E) The custodians TRUSTEES of the endowment care fund 972
TRUST shall consist of at least three individuals who have been 973
residents of the county in which the cemetery is located for at 974
least one year, or a bank located in the state TRUST COMPANY 976
LICENSED UNDER CHAPTER 1111. OF THE REVISED CODE OR A NATIONAL
BANK OR FEDERAL SAVINGS ASSOCIATION THAT HAS SECURITIES PLEDGED 977
IN ACCORDANCE WITH SECTION 1111.04 OF THE REVISED CODE. IF A 979
PERSON OR ENTITY OTHER THAN A FINANCIAL INSTITUTION IS DESIGNATED 980
AS TRUSTEE, THE PERSON OR ENTITY SHALL BE BONDED BY A CORPORATE 981
SURETY BOND IN AN AMOUNT NOT LESS THAN ONE HUNDRED PER CENT OF 982
THE FUNDS HELD BY THE TRUSTEE. THE TRUSTEE OR ITS AGENT SHALL, 983
ON A CONTINUOUS BASIS, KEEP EXACT RECORDS AS TO THE AMOUNT OF 984
FUNDS UNDER ANY JOINT ACCOUNT OR TRUST INSTRUMENT BEING HELD FOR 985
THE INDIVIDUAL BENEFICIARIES SHOWING THE AMOUNT PAID, THE AMOUNT 986
DEPOSITED AND INVESTED, AND ACCRUALS AND INCOME. 987
23
The funds of the endowment care trust shall be held and 989
invested in the manner in which trust funds are permitted to be 990
held and invested pursuant to sections 2109.37 and 2109.371 of 991
the Revised Code. 992
The income from the endowment care fund shall be used only 994
for the maintenance, supervision, improvement, and preservation 995
of the grounds, lots, buildings, equipment, statuary, and other 996
real and personal property of the cemetery. 997
Annual reports of all the assets and investments of the 999
endowment care fund shall be prepared and maintained and shall be 1,001
available for inspection at reasonable times by any owner of
interment rights in the cemetery. 1,002
(F) Any person offering to sell or selling any burial lot, 1,004
burial right, entombment right, or columbarium right shall give 1,005
to the purchaser of the lot or right, at the time of sale, a 1,006
written agreement that identifies and unconditionally guarantees 1,008
to the purchaser the specific location of the lot or the specific
location to which the right applies. 1,009
(G) No person shall open or close any grave, crypt, or 1,012
niche for the interment of human remains in a cemetery without 1,013
the permission of the cemetery association or other entity having 1,014
control and management of the cemetery.
(H) Except as provided in division (G) of this section, 1,017
this section does not apply to any cemetery that is owned and 1,018
operated entirely and exclusively by churches, religious 1,019
societies, established fraternal organizations, municipal 1,020
corporations, or other political subdivisions of the state or to
a national cemetery. 1,021
(I) THE DIVIDEND AND INTEREST INCOME FROM THE ENDOWMENT 1,024
CARE TRUST SHALL BE USED ONLY FOR THE MAINTENANCE, SUPERVISION, 1,025
IMPROVEMENT, AND PRESERVATION OF THE GROUNDS, LOTS, BUILDINGS, 1,026
EQUIPMENT, STATUARY, AND OTHER REAL AND PERSONAL PROPERTY OF THE 1,027
CEMETERY.
(J)(1) ANNUAL REPORTS OF ALL THE ASSETS AND INVESTMENTS OF 1,030
24
THE ENDOWMENT CARE TRUST SHALL BE PREPARED AND MAINTAINED, AND 1,031
SHALL BE AVAILABLE FOR INSPECTION AT REASONABLE TIMES BY ANY 1,032
OWNER OF INTERMENT RIGHTS IN THE CEMETERY. 1,033
(2) EVERY CEMETERY REQUIRED TO ESTABLISH AND MAINTAIN AN 1,036
ENDOWMENT CARE TRUST SHALL FILE AN AFFIDAVIT ANNUALLY WITH THE
DIVISION OF REAL ESTATE OF THE DEPARTMENT OF COMMERCE, IN A FORM 1,038
PRESCRIBED BY THE DIVISION, CERTIFYING UNDER OATH EACH OF THE
FOLLOWING: 1,039
(a) THAT THE CEMETERY HAS DEPOSITED, AT THE TIME SPECIFIED 1,042
IN DIVISION (D) OF THIS SECTION, THE AMOUNTS REQUIRED BY THAT 1,044
DIVISION IN THE CEMETERY'S ENDOWMENT CARE TRUST; 1,045
(b) THAT ONLY DIVIDEND AND INTEREST INCOME HAVE BEEN PAID 1,048
FROM THE ENDOWMENT CARE TRUST, AND THE CEMETERY USED THE AMOUNTS 1,049
WITHDRAWN ONLY FOR THE PURPOSES SPECIFIED IN DIVISION (I) OF THIS 1,051
SECTION;
(c) THAT ALL PRINCIPAL AND CAPITAL GAINS HAVE REMAINED IN 1,054
THE ENDOWMENT CARE TRUST;
(d) THAT THE ENDOWMENT CARE TRUST HAS NOT BEEN USED TO 1,057
COLLATERALIZE OR GUARANTEE LOANS AND HAS NOT OTHERWISE BEEN 1,058
SUBJECTED TO ANY CONSENSUAL LIEN;
(e) THAT THE ENDOWMENT CARE TRUST IS INVESTED IN 1,061
COMPLIANCE WITH THE INVESTING STANDARDS SET FORTH IN SECTIONS 1,062
2109.37 AND 2109.371 OF THE REVISED CODE. 1,063
Sec. 1721.211. (A) As used in this section, "preneed 1,072
burial vault CEMETERY MERCHANDISE AND SERVICES contract" means a 1,074
written agreement, contract, or series of contracts to sell or 1,076
otherwise provide a AN OUTER burial vault CONTAINER, MONUMENT, 1,078
MARKER, URN, OTHER TYPE OF MERCHANDISE CUSTOMARILY SOLD BY
CEMETERIES, OR OPENING AND CLOSING SERVICES to be used OR 1,082
PROVIDED in connection with the final disposition of a dead human 1,084
body, where payment for the vault CONTAINER, MONUMENT, MARKER, 1,085
URN, OTHER TYPE OF MERCHANDISE CUSTOMARILY SOLD BY CEMETERIES, OR 1,086
OPENING AND CLOSING SERVICES is made either outright or on an 1,090
installment basis, prior to the death of the person so purchasing 1,091
25
it or for whom it is SO purchased. "Preneed burial vault 1,092
CEMETERY MERCHANDISE AND SERVICES contract" does not include any 1,093
preneed funeral contract, OR any agreement, contract, or series 1,094
of contracts pertaining to the sale of any burial lot, burial or 1,095
interment right, entombment right, or columbarium right with 1,096
respect to which an endowment care fund is established or is 1,097
exempt from establishment pursuant to section 1721.21 of the 1,098
Revised Code, or any agreement, contract, or series of contracts 1,099
pertaining to the sale of cemetery interment rights made by a 1,100
person licensed as a limited real estate broker or limited real 1,101
estate salesman pursuant to section 4735.091 of the Revised Code. 1,102
As used in this section, "financial institution" means a 1,105
bank in this state insured by the federal deposit insurance 1,106
corporation, or a savings and loan association in this state 1,107
insured by the federal deposit insurance corporation, or a credit 1,109
union authorized to do business in this state. 1,110
(B) Subject to the limitations and restrictions contained 1,112
in Chapters 1101. to 1127. of the Revised Code, a financial 1,114
institution has TRUST COMPANY LICENSED UNDER CHAPTER 1111. OF THE 1,116
REVISED CODE OR A NATIONAL BANK OR FEDERAL SAVINGS ASSOCIATION
THAT PLEDGES SECURITIES IN ACCORDANCE WITH SECTION 1111.04 OF THE 1,117
REVISED CODE OR THE INDIVIDUALS DESCRIBED IN DIVISION (C)(2) OF 1,119
THIS SECTION HAVE the power AS TRUSTEE to receive and TO hold on 1,120
deposit AND INVEST IN ACCORDANCE WITH SECTIONS 2109.37 AND 1,121
2109.371 OF THE REVISED CODE moneys under a preneed burial vault 1,122
CEMETERY MERCHANDISE AND SERVICES contract. 1,123
(C) Sixty per cent of all payments for burial vaults made 1,125
under a preneed burial vault (1) THE GREATER OF ONE HUNDRED TEN 1,127
PER CENT OF THE SELLER'S ACTUAL COST OR THIRTY PER CENT OF THE 1,128
SELLER'S RETAIL PRICE OF THE MERCHANDISE AND SEVENTY PER CENT OF 1,129
THE SELLER'S RETAIL PRICE OF THE SERVICES TO BE PROVIDED UNDER A 1,130
PRENEED CEMETERY MERCHANDISE AND SERVICES contract shall remain 1,132
intact as a fund until the death of the person for whose benefit 1,133
the agreement CONTRACT is made or the burial vaults are 1,134
26
MERCHANDISE IS delivered as set forth in division (K) of this 1,137
section. However, any deposit made MONEYS HELD pursuant to this 1,139
section shall be released upon demand of the person for whose 1,140
benefit such deposit THE CONTRACT was made or upon the demand of 1,142
the seller for its share of the deposited funds MONEYS HELD and 1,143
earned interest if the contract has been canceled as set forth in 1,144
division (G) of this section. 1,145
(2) THE TRUSTEE OF THE FUND DESCRIBED IN DIVISION (C)(1) 1,148
OF THIS SECTION SHALL BE A TRUST COMPANY LICENSED UNDER CHAPTER 1,149
1111. OF THE REVISED CODE OR A NATIONAL BANK OR FEDERAL SAVINGS
ASSOCIATION THAT PLEDGES SECURITIES IN ACCORDANCE WITH SECTION 1,150
1111.04 OF THE REVISED CODE OR AT LEAST THREE INDIVIDUALS WHO 1,151
HAVE BEEN RESIDENTS OF THE COUNTY IN WHICH THE SELLER IS LOCATED 1,152
FOR AT LEAST ONE YEAR, EACH OF WHOM SHALL BE BONDED BY A 1,154
CORPORATE SURETY IN AN AMOUNT THAT IS AT LEAST EQUAL TO THE
AMOUNT DEPOSITED IN THE FUND OF WHICH THOSE PERSONS SERVE AS 1,156
TRUSTEE. AMOUNTS IN THE FUND SHALL BE HELD AND INVESTED IN THE 1,158
MANNER IN WHICH TRUST FUNDS ARE PERMITTED TO BE HELD AND INVESTED
PURSUANT TO SECTIONS 2109.37 AND 2109.371 OF THE REVISED CODE. 1,160
(D) Within thirty days of AFTER the last business day of 1,163
the month in which the seller of burial vaults CEMETERY 1,164
MERCHANDISE OR SERVICES receives final contractual payment under 1,166
a preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,167
contract, the seller shall deposit the funds in a financial 1,168
institution DELIVER THE GREATER OF ONE HUNDRED TEN PER CENT OF 1,169
THE SELLER'S ACTUAL COST OR THIRTY PER CENT OF THE SELLER'S 1,170
RETAIL PRICE OF THE MERCHANDISE AND SEVENTY PER CENT OF THE 1,171
SELLER'S CURRENT RETAIL PRICE OF THE SERVICES AS OF THE TIME THE 1,172
FINAL CONTRACTUAL PAYMENT IS RECEIVED TO A TRUSTEE OR TO TRUSTEES 1,174
AS DESCRIBED IN DIVISION (C)(2) OF THIS SECTION, and the funds 1,176
MONEYS and accruals or income thereon ON THE MONEYS shall be held 1,177
in an account A FUND AND DESIGNATED for the person for whose 1,179
benefit the fund was established as a preneed burial vault 1,182
CEMETERY MERCHANDISE AND SERVICES contract account FUND. 1,183
27
(E) The funds to be deposited MONEYS RECEIVED from more 1,185
than one preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,188
contract may, at the option of the persons for whose benefit the 1,190
deposits CONTRACTS are made, be placed in a common or pooled 1,191
trust fund in this state under a single trust instrument or in a 1,192
joint account provided that if the funds are placed in a common 1,195
or pooled trust fund, a financial institution, if designated as 1,196
trustee, shall have previously qualified for and received trust 1,197
powers from the comptroller of the currency or the superintendent 1,198
of financial institutions if the trustee is a bank, or from the 1,200
federal home loan bank board or the superintendent of financial 1,201
institutions if the trustee is a savings and loan association. 1,203
If a person or entity other than a financial institution is THREE 1,204
INDIVIDUALS ARE designated as trustee THE TRUSTEES AS PROVIDED IN 1,206
DIVISION (C)(2) OF THIS SECTION, the person or entity THEY shall 1,207
be bonded by a corporate surety bond in an amount not less than 1,209
one hundred per cent of the funds held by the trustee THEM AS 1,210
TRUSTEES. The trustee or its agent shall, on a continuous 1,212
basis, keep exact records as to the amount of funds under any 1,213
joint account or A SINGLE trust instrument being held for the 1,215
individual beneficiaries showing the amount paid, the amount
deposited and invested, and accruals and income. 1,216
(F) The seller or provider of burial vaults MERCHANDISE OR 1,218
SERVICES under a preneed burial vault CEMETERY MERCHANDISE AND 1,220
SERVICES contract shall annually submit to the Ohio real estate 1,222
commission such reports as the commission requires DIVISION OF 1,223
REAL ESTATE OF THE DEPARTMENT OF COMMERCE AN AFFIDAVIT IN A FORM 1,224
PRESCRIBED BY THE DIVISION, SWORN UNDER OATH, SPECIFYING EACH OF 1,225
THE FOLLOWING:
(1) THAT WITHIN THE TIME SPECIFIED IN DIVISION (D) OF THIS 1,228
SECTION, THE AMOUNTS REQUIRED BY THAT DIVISION WERE DEPOSITED IN 1,229
AN APPROPRIATE FUND; 1,230
(2) THAT THE FUND HAS NOT BEEN USED TO COLLATERALIZE OR 1,233
GUARANTEE LOANS AND HAS NOT OTHERWISE BEEN SUBJECTED TO ANY
28
CONSENSUAL LIEN; 1,234
(3) THAT THE FUND IS INVESTED IN COMPLIANCE WITH THE 1,236
INVESTING STANDARDS SET FORTH IN SECTIONS 2109.37 AND 2109.371 OF 1,238
THE REVISED CODE;
(4) THAT NO MONEYS HAVE BEEN REMOVED FROM THE FUND, EXCEPT 1,241
AS PROVIDED FOR IN THIS SECTION.
(G) Any THIS DIVISION IS SUBJECT TO DIVISION (I) OF THIS 1,243
SECTION. 1,244
ANY person upon initially entering into a preneed burial 1,247
vault CEMETERY MERCHANDISE AND SERVICES contract may, within 1,248
seven days, cancel the contract and request and receive from the 1,249
seller one hundred per cent of all payments made under the 1,250
contract. After the expiration of the above period, any person 1,251
who has entered into a preneed burial vault CEMETERY MERCHANDISE 1,252
AND SERVICES contract may, on not less than fifteen days' notice, 1,253
cancel the contract and request and receive from the seller sixty 1,254
per cent of the payments made under the contract which have been 1,255
deposited in a fund pursuant to divisions (C) and (D) of this 1,256
section PAID up to the time of cancellation; except that, if a 1,258
preneed burial vault CEMETERY MERCHANDISE AND SERVICES contract 1,260
stipulates a firm or fixed or guaranteed price for the burial 1,262
vault MERCHANDISE OR SERVICES for future use at a time determined 1,263
by the death of the person on behalf of whom payments are made, 1,264
the person who has entered into the contract may, if the burial 1,265
vault MERCHANDISE has not been delivered OR THE SERVICES HAVE NOT 1,267
BEEN PERFORMED as set forth in division (K) OR (L) of this 1,268
section, on not less than fifteen days' notice, cancel the 1,269
contract and receive from the seller sixty per cent of the 1,270
principal paid pursuant to division (C) of this section THE 1,271
CONTRACT and not less than eighty per cent of any interest paid, 1,273
up to the time of cancellation, and not less than eighty per cent 1,274
of any accrual or income earned while the funds MONEYS have 1,275
remained on deposit BEEN HELD pursuant to divisions (C) and (D) 1,277
of this section, up to the time of cancellation. Upon 1,278
29
cancellation, after the funds MONEYS have been distributed to the 1,280
beneficiary pursuant to this division, all funds remaining on 1,281
deposit MONEYS BEING HELD pursuant to divisions (C) and (D) of 1,282
this section shall be paid to the seller. If more than one 1,283
person enters into the contract, all of those persons must 1,284
request cancellation for it to be effective under this division. 1,285
In such a case, the seller shall refund to each person only those 1,286
funds MONEYS that each person has paid under the contract. 1,287
(H) Upon receipt of a certified copy of the certificate of 1,289
death or evidence of delivery of the burial vaults MERCHANDISE OR 1,290
PERFORMANCE OF THE SERVICES pursuant to division (K) OR (L) of 1,292
this section, the financial institution TRUSTEE DESCRIBED IN 1,293
DIVISION (C)(2) OF THIS SECTION or its agent, shall forthwith pay 1,295
the funds FUND and accumulated interest, if any, to the person 1,297
entitled thereto TO THEM under the preneed burial vault CEMETERY 1,298
MERCHANDISE AND SERVICES contract. The payment of such funds THE 1,299
FUND and accumulated interest pursuant to this section, either to 1,300
a provider SELLER or person making the payments, shall relieve 1,302
the financial institution TRUSTEE of any further liability on 1,304
such funds THE FUND or accumulated interest. 1,305
(I) No preneed burial vault contract shall restrict any 1,307
contract buyer from making his contract irrevocable 1,308
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, ANY PRENEED 1,310
CEMETERY MERCHANDISE AND SERVICES CONTRACT MAY SPECIFY THAT IT IS 1,311
IRREVOCABLE. ALL IRREVOCABLE PRENEED CEMETERY MERCHANDISE AND 1,312
SERVICES CONTRACTS SHALL INCLUDE A CLEAR AND CONSPICUOUS 1,313
DISCLOSURE OF IRREVOCABILITY IN THE CONTRACT AND ANY PERSON 1,314
ENTERING INTO AN IRREVOCABLE PRENEED CEMETERY MERCHANDISE AND
SERVICES CONTRACT SHALL SIGN A SEPARATE ACKNOWLEDGMENT OF THE 1,315
PERSON'S WAIVER OF THE RIGHT TO REVOKE. IF A CONTRACT SATISFIES 1,316
THE REQUIREMENTS OF THIS DIVISION, DIVISION (G) OF THIS SECTION 1,318
DOES NOT APPLY TO THAT CONTRACT. 1,319
(J) Any preneed burial vault CEMETERY MERCHANDISE AND 1,321
SERVICES contract that involves the payment of money must SHALL 1,323
30
be in writing and in compliance with the laws and rules of this 1,325
state.
(K) For purposes of this section, the seller is deemed 1,327
CONSIDERED to have delivered burial vaults MERCHANDISE pursuant 1,329
to a preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,330
contract when EITHER OF THE FOLLOWING OCCUR: 1,331
(1) The seller makes actual delivery of the vault 1,333
MERCHANDISE to the beneficiary OR THE SELLER PAYS FOR THE 1,335
MERCHANDISE AND IDENTIFIES IT AS BEING STORED FOR THE BENEFIT OF 1,336
THE BENEFICIARY AT A MANUFACTURER'S WAREHOUSE; or 1,337
(2)(a) The seller receives delivery of the vault 1,339
MERCHANDISE on behalf of the beneficiary; and ALL OF THE 1,342
FOLLOWING OCCUR:
(b)(a) The vault MERCHANDISE is permanently affixed to or 1,345
stored upon the real property of a cemetery located in this 1,347
state; and.
(c)(b) The seller notifies the beneficiary of receipt of 1,349
the vault MERCHANDISE and identifies the specific location of the 1,350
vault MERCHANDISE; and. 1,351
(d)(c) The seller at the time of the beneficiary's final 1,353
payment, provides the beneficiary with evidence of ownership in 1,354
the beneficiary's name showing the burial vaults MERCHANDISE to 1,355
be free and clear of any liens or other encumbrances. 1,357
(L) FOR PURPOSES OF THIS SECTION, A SELLER IS CONSIDERED 1,359
TO HAVE PERFORMED SERVICES PURSUANT TO A PRENEED CEMETERY 1,360
MERCHANDISE AND SERVICES CONTRACT WHEN THE BENEFICIARY'S NEXT OF 1,361
KIN SIGNS A WRITTEN STATEMENT THAT THE SERVICES HAVE BEEN 1,362
PERFORMED OR, IF NO NEXT OF KIN OF THE BENEFICIARY CAN BE LOCATED 1,363
THROUGH REASONABLE DILIGENCE, WHEN THE OWNER OR OTHER PERSON 1,364
RESPONSIBLE FOR THE OPERATION OF THE CEMETERY SIGNS A STATEMENT 1,365
OF THAT NATURE.
(M) Notwithstanding any other provision of this chapter, 1,367
any trust may be charged a trustee's fee, which is to be deducted 1,368
from the earned income or accruals on that trust. The fee shall 1,369
31
not exceed the amount which THAT is regularly or usually charged 1,370
for similar services rendered by the financial institution 1,372
TRUSTEE DESCRIBED IN DIVISION (C)(2) OF THIS SECTION when serving 1,374
as a trustee.
(M)(N) The general assembly intends that this section be 1,376
construed as a limitation upon the manner in which a person is 1,377
permitted to accept funds MONEYS in prepayment for burial vaults 1,379
MERCHANDISE AND SERVICES to be delivered OR PROVIDED in the 1,381
future, or burial vaults MERCHANDISE AND SERVICES to be used OR 1,382
PROVIDED in connection with the final disposition of human 1,383
remains, to the end that at all times members of the public may 1,384
have an opportunity to arrange and pay for burial vaults 1,385
MERCHANDISE AND SERVICES for themselves and their families in 1,387
advance of need while at the same time providing all possible 1,388
safeguards whereunder the prepaid funds MONEYS cannot be 1,390
dissipated, whether intentionally or not, so as to be available 1,391
for the payment of burial vaults FOR MERCHANDISE AND SERVICES and 1,392
the providing of burial vaults MERCHANDISE AND SERVICES used OR 1,393
PROVIDED in connection with the final disposition of dead human 1,395
bodies.
(N)(O) This section does not apply when the seller or 1,397
provider of burial vaults MERCHANDISE OR SERVICES under a preneed 1,399
burial vault CEMETERY MERCHANDISE AND SERVICES contract is an 1,400
established and legally cognizable church or denomination that is 1,401
exempt from federal income taxation under section 501(c)(3) of 1,402
the "Internal Revenue Code of 1954," 26 U.S.C.A. 501, and the 1,403
preneed burial vault CEMETERY MERCHANDISE AND SERVICES contract 1,404
pertains to a cemetery which THAT is owned and operated entirely 1,405
and exclusively by the church or denomination; provided that the 1,406
church or denomination adopts, on a voluntary basis, rules and 1,407
other measures to safeguard and secure all funds MONEYS received 1,408
under a preneed burial vault CEMETERY MERCHANDISE AND SERVICES 1,410
contract.
(P) THIS SECTION DOES NOT PROHIBIT PERSONS OTHER THAN 1,412
32
CEMETERY CORPORATIONS OR ASSOCIATIONS FROM SELLING OUTER BURIAL 1,413
CONTAINERS, MONUMENTS, MARKERS, URNS, OR OTHER TYPES OF 1,415
MERCHANDISE CUSTOMARILY SOLD BY CEMETERIES PURSUANT TO A PRENEED 1,416
CEMETERY MERCHANDISE AND SERVICES CONTRACT; HOWEVER ALL SELLERS 1,417
OF MERCHANDISE PURSUANT TO A PRENEED CEMETERY MERCHANDISE AND 1,418
SERVICES CONTRACT SHALL COMPLY WITH THIS SECTION UNLESS THE
SELLER IS SPECIFICALLY EXEMPT FROM THIS SECTION. 1,419
(Q) ANY CONTRACT FOR PRENEED SERVICES OR MERCHANDISE 1,421
ENTERED INTO WITH A CEMETERY NOT REGISTERED UNDER SECTION 4767.03 1,422
OF THE REVISED CODE IS VOIDABLE.
Sec. 1733.51. A credit union may, subject to sections 1,431
1111.19 and 1721.211 of the Revised Code, receive and hold on 1,433
deposit moneys under a preneed funeral contract or preneed burial 1,434
CEMETERY MERCHANDISE AND SERVICES contract. 1,435
Sec. 2117.25. Every executor or administrator shall 1,444
proceed with diligence to pay the debts of the decedent, and 1,445
shall apply the assets in the following order: 1,446
(A) Costs and expenses of administration; 1,448
(B) Except as provided in section 2117.251 of the Revised 1,450
Code, an AN amount, not exceeding two thousand dollars, for 1,451
funeral and burial expenses that are included in the bill of a 1,452
funeral director, and funeral expenses other than those in the 1,453
bill of a funeral director that are approved by the probate 1,454
court;, AND AN AMOUNT, NOT EXCEEDING TWO THOUSAND DOLLARS, FOR 1,456
BURIAL AND CEMETERY EXPENSES, INCLUDING THAT PORTION OF THE 1,457
FUNERAL DIRECTOR'S BILL ALLOCATED TO CEMETERY EXPENSES THAT HAVE 1,458
BEEN PAID TO THE CEMETERY BY THE FUNERAL DIRECTOR. 1,459
FOR PURPOSES OF THIS DIVISION, BURIAL AND CEMETERY EXPENSES 1,462
SHALL BE LIMITED TO THE FOLLOWING:
(1) THE PURCHASE OF A PLACE OF INTERMENT; 1,464
(2) MONUMENTS OR OTHER MARKERS; 1,466
(3) THE OUTER BURIAL CONTAINER; 1,468
(4) THE COST OF OPENING AND CLOSING THE PLACE OF 1,470
INTERMENT; 1,471
33
(5) THE URN. 1,473
(C) The allowance for support made to the surviving 1,475
spouse, minor children, or both under section 2106.13 of the 1,476
Revised Code; 1,477
(D) Debts entitled to a preference under the laws of the 1,479
United States; 1,480
(E) Expenses of the last sickness of the decedent; 1,482
(F) Except as provided in section 2117.251 of the Revised 1,484
Code, if IF the total bill of a funeral director for funeral and 1,485
burial expenses exceeds two thousand dollars, then, in addition 1,486
to the amount described in division (B) of this section, an 1,487
amount, not exceeding one thousand dollars, for funeral and 1,488
burial expenses that are included in the bill and that exceed two 1,489
thousand dollars; 1,490
(G) Personal property taxes and obligations for which the 1,492
decedent was personally liable to the state or any of its 1,493
subdivisions; 1,494
(H) Debts for manual labor performed for the decedent 1,496
within twelve months preceding the decedent's death, not 1,497
exceeding three hundred dollars to any one person; 1,498
(I) Except as provided in section 2117.251 of the Revised 1,500
Code, other OTHER debts for which claims have been presented and 1,501
finally allowed. 1,502
The part of the bill of a funeral director that exceeds the 1,504
total of three thousand dollars as described in divisions (B) and 1,505
(F) of this section, and the part of a claim included in division 1,506
(H) of this section that exceeds three hundred dollars shall be 1,507
included as a debt under division (I) or (J) of this section, 1,508
depending upon the time when the claim for the additional amount 1,509
is presented.
Chapters 2113. to 2125. of the Revised Code, relating to 1,511
the manner in which and the time within which claims shall be 1,512
presented, shall apply to claims set forth in divisions (B), (F), 1,513
and (H) of this section. Claims for an expense of administration 1,514
34
or for the allowance for support need not be presented. The 1,515
executor or administrator shall pay debts included in divisions 1,516
(D) and (G) of this section, of which he THE EXECUTOR OR 1,517
ADMINISTRATOR has knowledge, regardless of presentation. 1,518
The giving of written notice to an executor or 1,520
administrator of a motion or application to revive an action 1,521
pending against the decedent at the date of death shall be 1,522
equivalent to the presentation of a claim to the executor or 1,523
administrator for the purpose of determining the order of payment 1,524
of any judgment rendered or decree entered in such an action. 1,525
No payments shall be made to creditors of one class until 1,527
all those of the preceding class are fully paid or provided for. 1,528
If the assets are insufficient to pay all the claims of one 1,529
class, the creditors of that class shall be paid ratably. 1,530
If it appears at any time that the assets have been 1,532
exhausted in paying prior or preferred charges, allowances, or 1,533
claims, such payments shall be a bar to an action on any claim 1,534
not entitled to such priority or preference. 1,535
Sec. 2925.01. As used in this chapter: 1,544
(A) "Administer," "controlled substance," "dispense," 1,546
"distribute," "hypodermic," "manufacturer," "official written 1,548
order," "person," "pharmacist," "pharmacy," "sale," "schedule I," 1,550
"schedule II," "schedule III," "schedule IV," "schedule V," and 1,551
"wholesaler" have the same meanings as in section 3719.01 of the 1,552
Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the 1,554
same meanings as in section 3719.011 of the Revised Code. 1,555
(C) "Drug," "dangerous drug," "licensed health 1,557
professional authorized to prescribe drugs," and "prescription" 1,559
have the same meanings as in section 4729.01 of the Revised Code. 1,560
(D) "Bulk amount" of a controlled substance means any of 1,562
the following: 1,563
(1) For any compound, mixture, preparation, or substance 1,565
included in schedule I, schedule II, or schedule III, with the 1,567
35
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this section, 1,569
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or 1,571
twenty-five unit doses of a compound, mixture, preparation, or 1,572
substance that is or contains any amount of a schedule I opiate 1,573
or opium derivative; 1,574
(b) An amount equal to or exceeding ten grams of a 1,577
compound, mixture, preparation, or substance that is or contains 1,578
any amount of raw or gum opium; 1,579
(c) An amount equal to or exceeding thirty grams or ten 1,582
unit doses of a compound, mixture, preparation, or substance that 1,583
is or contains any amount of a schedule I hallucinogen other than 1,584
tetrahydrocannabinol or lysergic acid amide, or a schedule I 1,587
stimulant or depressant; 1,588
(d) An amount equal to or exceeding twenty grams or five 1,591
times the maximum daily dose in the usual dose range specified in 1,592
a standard pharmaceutical reference manual of a compound, 1,593
mixture, preparation, or substance that is or contains any amount 1,594
of a schedule II opiate or opium derivative; 1,595
(e) An amount equal to or exceeding five grams or ten unit 1,597
doses of a compound, mixture, preparation, or substance that is 1,598
or contains any amount of phencyclidine; 1,599
(f) An amount equal to or exceeding one hundred twenty 1,601
grams or thirty times the maximum daily dose in the usual dose 1,602
range specified in a standard pharmaceutical reference manual of 1,603
a compound, mixture, preparation, or substance that is or 1,604
contains any amount of a schedule II stimulant that is in a final 1,605
dosage form manufactured by a person authorized by the "Federal 1,606
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 1,608
301, as amended, and the federal drug abuse control laws, as 1,609
defined in section 3719.01 of the Revised Code, that is or
contains any amount of a schedule II depressant substance or a 1,611
schedule II hallucinogenic substance;
36
(g) An amount equal to or exceeding three grams of a 1,614
compound, mixture, preparation, or substance that is or contains 1,615
any amount of a schedule II stimulant, or any of its salts or 1,616
isomers, that is not in a final dosage form manufactured by a 1,617
person authorized by the Federal Food, Drug, and Cosmetic Act and 1,618
the federal drug abuse control laws. 1,619
(2) An amount equal to or exceeding one hundred twenty 1,622
grams or thirty times the maximum daily dose in the usual dose 1,623
range specified in a standard pharmaceutical reference manual of 1,625
a compound, mixture, preparation, or substance that is or 1,627
contains any amount of a schedule III or IV substance other than 1,629
an anabolic steroid or a schedule III opiate or opium derivative; 1,630
(3) An amount equal to or exceeding twenty grams or five 1,632
times the maximum daily dose in the usual dose range specified in 1,633
a standard pharmaceutical reference manual of a compound, 1,634
mixture, preparation, or substance that is or contains any amount 1,636
of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty 1,638
milliliters or two hundred fifty grams of a compound, mixture, 1,639
preparation, or substance that is or contains any amount of a 1,640
schedule V substance; 1,641
(5) An amount equal to or exceeding two hundred solid 1,644
dosage units, sixteen grams, or sixteen milliliters of a 1,645
compound, mixture, preparation, or substance that is or contains 1,646
any amount of a schedule III anabolic steroid. 1,647
(E) "Unit dose" means an amount or unit of a compound, 1,649
mixture, or preparation containing a controlled substance that is 1,650
separately identifiable and in a form that indicates that it is 1,652
the amount or unit by which the controlled substance is 1,653
separately administered to or taken by an individual. 1,654
(F) "Cultivate" includes planting, watering, fertilizing, 1,656
or tilling. 1,657
(G) "Drug abuse offense" means any of the following: 1,659
(1) A violation of division (A) of section 2913.02 that 1,661
37
constitutes theft of drugs, or a violation of section 2925.02, 1,662
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 1,663
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the 1,665
Revised Code;
(2) A violation of an existing or former law of this or 1,667
any other state or of the United States that is substantially 1,668
equivalent to any section listed in division (G)(1) of this 1,669
section; 1,670
(3) An offense under an existing or former law of this or 1,672
any other state, or of the United States, of which planting, 1,673
cultivating, harvesting, processing, making, manufacturing, 1,674
producing, shipping, transporting, delivering, acquiring, 1,675
possessing, storing, distributing, dispensing, selling, inducing 1,676
another to use, administering to another, using, or otherwise 1,677
dealing with a controlled substance is an element; 1,678
(4) A conspiracy to commit, attempt to commit, or 1,680
complicity in committing or attempting to commit any offense 1,681
under division (G)(1), (2), or (3) of this section. 1,682
(H) "Felony drug abuse offense" means any drug abuse 1,684
offense that would constitute a felony under the laws of this 1,685
state, any other state, or the United States. 1,686
(I) "Harmful intoxicant" does not include beer or 1,688
intoxicating liquor but means any compound, mixture, preparation, 1,690
or substance the gas, fumes, or vapor of which when inhaled can 1,691
induce intoxication, excitement, giddiness, irrational behavior, 1,692
depression, stupefaction, paralysis, unconsciousness, 1,693
asphyxiation, or other harmful physiological effects, and 1,694
includes, but is not limited to, any of the following: 1,695
(1) Any volatile organic solvent, plastic cement, model 1,697
cement, fingernail polish remover, lacquer thinner, cleaning 1,698
fluid, gasoline, or other preparation containing a volatile 1,699
organic solvent; 1,700
(2) Any aerosol propellant; 1,702
(3) Any fluorocarbon refrigerant; 1,704
38
(4) Any anesthetic gas. 1,706
(J) "Manufacture" means to plant, cultivate, harvest, 1,708
process, make, prepare, or otherwise engage in any part of the 1,709
production of a drug, by propagation, extraction, chemical 1,710
synthesis, or compounding, or any combination of the same, and 1,711
includes packaging, repackaging, labeling, and other activities 1,712
incident to production. 1,713
(K) "Possess" or "possession" means having control over a 1,715
thing or substance, but may not be inferred solely from mere 1,716
access to the thing or substance through ownership or occupation 1,717
of the premises upon which the thing or substance is found. 1,718
(L) "Sample drug" means a drug or pharmaceutical 1,720
preparation that would be hazardous to health or safety if used 1,721
without the supervision of a licensed health professional 1,723
authorized to prescribe drugs, or a drug of abuse, and that, at 1,724
one time, had been placed in a container plainly marked as a 1,725
sample by a manufacturer.
(M) "Standard pharmaceutical reference manual" means the 1,727
current edition, with cumulative changes if any, of any of the 1,728
following reference works: 1,729
(1) "The National Formulary"; 1,731
(2) "The United States Pharmacopeia," prepared by 1,733
authority of the United States Pharmacopeial Convention, Inc.; 1,734
(3) Other standard references that are approved by the 1,736
state board of pharmacy. 1,737
(N) "Juvenile" means a person under eighteen years of age. 1,739
(O) "Counterfeit controlled substance" means any of the 1,741
following: 1,742
(1) Any drug that bears, or whose container or label 1,744
bears, a trademark, trade name, or other identifying mark used 1,745
without authorization of the owner of rights to that trademark, 1,746
trade name, or identifying mark; 1,747
(2) Any unmarked or unlabeled substance that is 1,749
represented to be a controlled substance manufactured, processed, 1,750
39
packed, or distributed by a person other than the person that 1,751
manufactured, processed, packed, or distributed it; 1,752
(3) Any substance that is represented to be a controlled 1,754
substance but is not a controlled substance or is a different 1,755
controlled substance; 1,756
(4) Any substance other than a controlled substance that a 1,758
reasonable person would believe to be a controlled substance 1,759
because of its similarity in shape, size, and color, or its 1,760
markings, labeling, packaging, distribution, or the price for 1,761
which it is sold or offered for sale. 1,762
(P) An offense is "committed in the vicinity of a school" 1,764
if the offender commits the offense on school premises, in a 1,765
school building, or within one thousand feet of the boundaries of 1,766
any school premises.
(Q) "School" means any school operated by a board of 1,768
education or any school for which the state board of education 1,769
prescribes minimum standards under section 3301.07 of the Revised 1,770
Code, whether or not any instruction, extracurricular activities, 1,771
or training provided by the school is being conducted at the time 1,772
a criminal offense is committed. 1,773
(R) "School premises" means either of the following: 1,775
(1) The parcel of real property on which any school is 1,777
situated, whether or not any instruction, extracurricular 1,778
activities, or training provided by the school is being conducted 1,779
on the premises at the time a criminal offense is committed; 1,780
(2) Any other parcel of real property that is owned or 1,782
leased by a board of education of a school or the governing body 1,783
of a school for which the state board of education prescribes 1,784
minimum standards under section 3301.07 of the Revised Code and 1,785
on which some of the instruction, extracurricular activities, or 1,786
training of the school is conducted, whether or not any 1,787
instruction, extracurricular activities, or training provided by 1,788
the school is being conducted on the parcel of real property at 1,789
the time a criminal offense is committed. 1,790
40
(S) "School building" means any building in which any of 1,792
the instruction, extracurricular activities, or training provided 1,793
by a school is conducted, whether or not any instruction, 1,794
extracurricular activities, or training provided by the school is 1,795
being conducted in the school building at the time a criminal 1,796
offense is committed. 1,797
(T) "Disciplinary counsel" means the disciplinary counsel 1,799
appointed by the board of commissioners on grievances and 1,800
discipline of the supreme court under the Rules for the 1,801
Government of the Bar of Ohio. 1,802
(U) "Certified grievance committee" means a duly 1,804
constituted and organized committee of the Ohio state bar 1,805
association or of one or more local bar associations of the state 1,806
of Ohio that complies with the criteria set forth in Rule V, 1,807
section 6 of the Rules for the Government of the Bar of Ohio. 1,808
(V) "Professional license" means any license, permit, 1,810
certificate, registration, qualification, admission, temporary 1,811
license, temporary permit, temporary certificate, or temporary 1,812
registration that is described in divisions (W)(1) to (35) of 1,813
this section and that qualifies a person as a professionally 1,814
licensed person. 1,815
(W) "Professionally licensed person" means any of the 1,817
following: 1,818
(1) A person who has obtained a license as a manufacturer 1,820
of controlled substances or a wholesaler of controlled substances 1,821
under Chapter 3719. of the Revised Code; 1,822
(2) A person who has received a certificate or temporary 1,824
certificate as a certified public accountant or who has 1,825
registered as a public accountant under Chapter 4701. of the 1,826
Revised Code and who holds an Ohio permit issued under that 1,827
chapter; 1,828
(3) A person who holds a certificate of qualification to 1,830
practice architecture issued or renewed and registered under 1,831
Chapter 4703. of the Revised Code; 1,832
41
(4) A person who is registered as a landscape architect 1,834
under Chapter 4703. of the Revised Code or who holds a permit as 1,835
a landscape architect issued under that chapter; 1,836
(5) A person licensed as an auctioneer or apprentice 1,838
auctioneer or licensed to operate an auction company under 1,839
Chapter 4707. of the Revised Code; 1,840
(6) A person who has been issued a certificate of 1,842
registration as a registered barber under Chapter 4709. of the 1,843
Revised Code; 1,844
(7) A person licensed and regulated to engage in the 1,846
business of a debt pooling company by a legislative authority, 1,847
under authority of Chapter 4710. of the Revised Code; 1,848
(8) A person who has been issued a cosmetologist's 1,850
license, manicurist's license, esthetician's license, managing 1,851
cosmetologist's license, managing manicurist's license, managing 1,852
esthetician's license, cosmetology instructor's license, 1,853
manicurist instructor's license, esthetician instructor's 1,854
license, or tanning facility permit under Chapter 4713. of the 1,855
Revised Code; 1,856
(9) A person who has been issued a license to practice 1,858
dentistry, a general anesthesia permit, a conscious intravenous 1,859
sedation permit, a limited resident's license, a limited teaching 1,860
license, a dental hygienist's license, or a dental hygienist's 1,861
teacher's certificate under Chapter 4715. of the Revised Code; 1,862
(10) A person who has been issued an embalmer's license, a 1,864
funeral director's license, a funeral home license, or a 1,865
crematory license, or who has been registered for an embalmer's 1,866
or funeral director's apprenticeship under Chapter 4717. of the 1,867
Revised Code;
(11) A person who has been licensed as a registered nurse 1,869
or practical nurse, or who has been issued a certificate for the 1,870
practice of nurse-midwifery under Chapter 4723. of the Revised 1,871
Code; 1,872
(12) A person who has been licensed to practice optometry 1,874
42
or to engage in optical dispensing under Chapter 4725. of the 1,875
Revised Code; 1,876
(13) A person licensed to act as a pawnbroker under 1,878
Chapter 4727. of the Revised Code; 1,879
(14) A person licensed to act as a precious metals dealer 1,881
under Chapter 4728. of the Revised Code; 1,882
(15) A person licensed as a pharmacist, a pharmacy intern, 1,885
a wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised 1,886
Code; 1,887
(16) A person who is authorized to practice as a physician 1,889
assistant under Chapter 4730. of the Revised Code; 1,890
(17) A person who has been issued a certificate to 1,892
practice medicine and surgery, osteopathic medicine and surgery, 1,893
a limited branch of medicine, or podiatry under Chapter 4731. of 1,895
the Revised Code;
(18) A person licensed as a psychologist or school 1,897
psychologist under Chapter 4732. of the Revised Code; 1,898
(19) A person registered to practice the profession of 1,900
engineering or surveying under Chapter 4733. of the Revised Code; 1,901
(20) A person who has been issued a license to practice 1,904
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker, OR 1,906
real estate salesperson, limited real estate broker, or limited 1,907
real estate salesperson under Chapter 4735. of the Revised Code; 1,908
(22) A person registered as a registered sanitarian under 1,910
Chapter 4736. of the Revised Code; 1,911
(23) A person licensed to operate or maintain a junkyard 1,913
under Chapter 4737. of the Revised Code; 1,914
(24) A person who has been issued a motor vehicle salvage 1,916
dealer's license under Chapter 4738. of the Revised Code; 1,917
(25) A person who has been licensed to act as a steam 1,919
engineer under Chapter 4739. of the Revised Code; 1,920
(26) A person who has been issued a license or temporary 1,922
43
permit to practice veterinary medicine or any of its branches, or 1,923
who is registered as a graduate animal technician under Chapter 1,924
4741. of the Revised Code; 1,925
(27) A person who has been issued a hearing aid dealer's 1,927
or fitter's license or trainee permit under Chapter 4747. of the 1,928
Revised Code; 1,929
(28) A person who has been issued a class A, class B, or 1,931
class C license or who has been registered as an investigator or 1,932
security guard employee under Chapter 4749. of the Revised Code; 1,933
(29) A person licensed and registered to practice as a 1,935
nursing home administrator under Chapter 4751. of the Revised 1,936
Code; 1,937
(30) A person licensed to practice as a speech-language 1,939
pathologist or audiologist under Chapter 4753. of the Revised 1,941
Code;
(31) A person issued a license as an occupational 1,943
therapist or physical therapist under Chapter 4755. of the 1,944
Revised Code; 1,945
(32) A person who is licensed as a professional clinical 1,947
counselor or professional counselor, licensed as a social worker 1,948
or independent social worker, or registered as a social work 1,949
assistant under Chapter 4757. of the Revised Code; 1,950
(33) A person issued a license to practice dietetics under 1,952
Chapter 4759. of the Revised Code; 1,953
(34) A person who has been issued a license or limited 1,956
permit to practice respiratory therapy under Chapter 4761. of the 1,957
Revised Code; 1,958
(35) A person who has been issued a real estate appraiser 1,960
certificate under Chapter 4763. of the Revised Code. 1,961
(X) "Cocaine" means any of the following: 1,963
(1) A cocaine salt, isomer, or derivative, a salt of a 1,965
cocaine isomer or derivative, or the base form of cocaine; 1,966
(2) Coca leaves or a salt, compound, derivative, or 1,968
preparation of coca leaves, including ecgonine, a salt, isomer, 1,969
44
or derivative of ecgonine, or a salt of an isomer or derivative 1,970
of ecgonine; 1,971
(3) A salt, compound, derivative, or preparation of a 1,973
substance identified in division (X)(1) or (2) of this section 1,975
that is chemically equivalent to or identical with any of those 1,976
substances, except that the substances shall not include 1,977
decocainized coca leaves or extraction of coca leaves if the 1,978
extractions do not contain cocaine or ecgonine. 1,979
(Y) "L.S.D." means lysergic acid diethylamide. 1,982
(Z) "Hashish" means the resin or a preparation of the 1,984
resin contained in marihuana, whether in solid form or in a 1,985
liquid concentrate, liquid extract, or liquid distillate form. 1,986
(AA) "Marihuana" has the same meaning as in section 1,988
3719.01 of the Revised Code, except that it does not include 1,990
hashish.
(BB) An offense is "committed in the vicinity of a 1,992
juvenile" if the offender commits the offense within one hundred 1,994
feet of a juvenile or within the view of a juvenile, regardless 1,995
of whether the offender knows the age of the juvenile, whether 1,996
the offender knows the offense is being committed within one 1,997
hundred feet of or within view of the juvenile, or whether the 1,998
juvenile actually views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that 2,000
a prison term shall be imposed" means a presumption, as described 2,001
in division (D) of section 2929.13 of the Revised Code, that a 2,002
prison term is a necessary sanction for a felony in order to 2,003
comply with the purposes and principles of sentencing under 2,004
section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in 2,006
section 2929.01 of the Revised Code. 2,007
(EE) "Minor drug possession offense" means either of the 2,009
following: 2,010
(1) A violation of section 2925.11 of the Revised Code as 2,012
it existed prior to July 1, 1996; 2,013
45
(2) A violation of section 2925.11 of the Revised Code as 2,015
it exists on and after July 1, 1996, that is a misdemeanor or a 2,016
felony of the fifth degree. 2,017
(FF) "Mandatory prison term" has the same meaning as in 2,020
section 2929.01 of the Revised Code.
(GG) "Crack cocaine" means a compound, mixture, 2,022
preparation, or substance that is or contains any amount of 2,023
cocaine that is analytically identified as the base form of 2,024
cocaine or that is in a form that resembles rocks or pebbles 2,025
generally intended for individual use.
Sec. 4735.01. As used in this chapter: 2,034
(A) "Real estate broker" includes any person, partnership, 2,036
association, or corporation, foreign or domestic, who for 2,037
another, whether pursuant to a power of attorney or otherwise, 2,038
and who for a fee, commission, or other valuable consideration, 2,039
or with the intention, or in the expectation, or upon the promise 2,040
of receiving or collecting a fee, commission, or other valuable 2,041
consideration: 2,042
(1) Sells, exchanges, purchases, rents, or leases, or 2,044
negotiates the sale, exchange, purchase, rental, or leasing of 2,045
any real estate; 2,046
(2) Offers, attempts, or agrees to negotiate the sale, 2,048
exchange, purchase, rental, or leasing of any real estate; 2,049
(3) Lists, or offers, attempts, or agrees to list, or 2,051
auctions, or offers, attempts, or agrees to auction, any real 2,052
estate; 2,053
(4) Buys or offers to buy, sells or offers to sell, or 2,055
otherwise deals in options on real estate; 2,056
(5) Operates, manages, or rents, or offers or attempts to 2,058
operate, manage, or rent, other than as custodian, caretaker, or 2,059
janitor, any building or portions of buildings to the public as 2,060
tenants; 2,061
(6) Advertises or holds self out as engaged in the 2,063
business of selling, exchanging, purchasing, renting, or leasing 2,064
46
real estate; 2,065
(7) Directs or assists in the procuring of prospects or 2,067
the negotiation of any transaction, other than mortgage 2,068
financing, which does or is calculated to result in the sale, 2,069
exchange, leasing, or renting of any real estate; 2,070
(8) Is employed by or on behalf of the owner of lots, or 2,072
other parcels of real estate, at a stated salary, or upon a 2,073
commission, or upon a salary and commission basis or otherwise, 2,074
to sell such real estate, or any parts of it, in lots or other 2,075
parcels, and who sells, exchanges, or offers, attempts, or agrees 2,076
to negotiate the sale or exchange of any such lot or parcel of 2,077
real estate; 2,078
(9) Is engaged in the business of charging an advance fee 2,080
or contracting for collection of a fee in connection with any 2,081
contract whereby the broker undertakes primarily to promote the 2,083
sale, exchange, purchase, rental, or leasing of real estate 2,084
through its listing in a publication issued primarily for such 2,085
purpose, or for referral of information concerning such real 2,086
estate to brokers, or both, except that this division does not 2,087
apply to a publisher of listings or compilations of sales of real 2,088
estate by their owners; 2,089
(10) Collects rental information for purposes of referring 2,091
prospective tenants to rental units or locations of such units 2,092
and charges the prospective tenants a fee. 2,093
(B) "Real estate" includes leaseholds as well as any and 2,095
every interest or estate in land situated in this state, whether 2,096
corporeal or incorporeal, whether freehold or nonfreehold, and 2,097
the improvements on the land, but does not include cemetery 2,098
interment rights. 2,099
(C) "Real estate salesperson" means any person associated 2,101
with a licensed real estate broker to do or to deal in any acts 2,102
or transactions set out or comprehended by the definition of a 2,103
real estate broker, for compensation or otherwise. 2,104
(D) "Limited real estate broker" includes any person, 2,106
47
partnership, association, or corporation, foreign or domestic, 2,107
who for another and for a fee, commission, or other valuable 2,108
consideration, or who with the intention or in the expectation or 2,109
upon the promise of receiving or collecting a fee, commission, or 2,110
other valuable consideration engages in the sale of cemetery 2,111
interment rights and whose license is limited to the sale of 2,112
cemetery interment rights. 2,113
(E) "Limited real estate salesperson" means any person 2,115
associated with a licensed real estate broker or a licensed 2,116
limited real estate broker to do or to deal in any acts or 2,117
transactions set out or comprehended by the definition of a 2,118
limited real estate broker, for compensation or otherwise. 2,119
(F) "Institution of higher education" means either of the 2,121
following:
(1) A nonprofit institution as defined in section 1713.01 2,123
of the Revised Code that actually awards, rather than intends to 2,124
award, degrees for fulfilling requirements of academic work 2,125
beyond high school; 2,126
(2) An institution operated for profit that otherwise 2,128
qualifies under the definition of an institution in section 2,129
1713.01 of the Revised Code and that actually awards, rather than 2,130
intends to award, degrees for fulfilling requirements of academic 2,131
work beyond high school. 2,132
(G)(E) "Foreign real estate" means real estate not 2,134
situated in this state and any interest in real estate not 2,135
situated in this state. 2,136
(H)(F) "Foreign real estate dealer" includes any person, 2,138
partnership, association, or corporation, foreign or domestic, 2,139
who for another, whether pursuant to a power of attorney or 2,140
otherwise, and who for a fee, commission, or other valuable 2,141
consideration, or with the intention, or in the expectation, or 2,142
upon the promise of receiving or collecting a fee, commission, or 2,143
other valuable consideration, does or deals in any act or 2,144
transaction specified or comprehended in division (A) of this 2,145
48
section with respect to foreign real estate. 2,146
(I)(G) "Foreign real estate salesperson" means any person 2,149
associated with a licensed foreign real estate dealer to do or 2,150
deal in any act or transaction specified or comprehended in 2,151
division (A) of this section with respect to foreign real estate, 2,152
for compensation or otherwise. 2,153
(J)(H) Any person, partnership, association, or 2,155
corporation, who, for another, in consideration of compensation, 2,156
by fee, commission, salary, or otherwise, or with the intention, 2,157
in the expectation, or upon the promise of receiving or 2,158
collecting a fee, does, or offers, attempts, or agrees to engage 2,159
in, any single act or transaction contained in the definition of 2,160
a real estate broker or foreign real estate dealer, whether an 2,161
act is an incidental part of a transaction, or the entire 2,162
transaction, shall be constituted a real estate broker or real 2,163
estate salesperson or a foreign real estate dealer or foreign 2,164
real estate salesperson under this chapter. 2,165
(K)(I) The terms "real estate broker," "real estate 2,167
salesperson," "foreign real estate dealer," and "foreign real 2,169
estate salesperson" do not include a person, partnership, 2,170
association, or corporation, or the regular employees thereof or 2,171
limited real estate broker or limited real estate salesperson, 2,172
who performs PERFORM any of the acts or transactions specified or 2,174
comprehended in division (A) of this section, whether or not for, 2,175
or with the intention, in expectation, or upon the promise of 2,176
receiving or collecting a fee, commission, or other valuable 2,177
consideration:
(1) With reference to real estate situated in this state 2,179
or any interest in it owned by such person, partnership, 2,180
association, or corporation, or acquired on its own account in 2,182
the regular course of, or as an incident to the management of the 2,183
property and the investment in it; 2,184
(2) As receiver or trustee in bankruptcy, as guardian, 2,186
executor, administrator, trustee, assignee, commissioner, or any 2,187
49
person doing the things mentioned in this section, under 2,188
authority or appointment of, or incident to a proceeding in, any 2,189
court, or as a public officer, or as executor, trustee, or other 2,190
bona fide fiduciary under any trust agreement, deed of trust, 2,191
will, or other instrument creating a like bona fide fiduciary 2,192
obligation; 2,193
(3) As a public officer while performing the officer's 2,195
official duties; 2,196
(4) As an attorney at law in the performance of the 2,198
attorney's duties. 2,199
(L)(J) "Physically handicapped licensee" means a person 2,201
licensed pursuant to this chapter who is under a severe physical 2,202
disability which is of such a nature as to prevent the person 2,203
from being able to attend any classroom instruction lasting at 2,204
least three hours in duration. 2,205
(M)(K) "Division of real estate" may be used 2,208
interchangeably with, and for all purposes has the same meaning 2,209
as, "division of real estate and professional licensing." 2,210
(N)(L) "Superintendent" or "superintendent of real estate" 2,213
means the superintendent of the division of real estate and 2,214
professional licensing of this state. Whenever the division or 2,215
superintendent of real estate is referred to or designated in any 2,216
statute, rule, contract, or other document, the reference or 2,217
designation shall be deemed to refer to the division or 2,218
superintendent of real estate and professional licensing, as the 2,219
case may be.
Sec. 4735.02. No person, partnership, association, or 2,228
corporation shall act as a real estate broker, OR real estate 2,229
salesman, limited real estate broker, or limited real estate 2,231
salesman SALESPERSON, or advertise or assume to act as such, 2,232
without first being licensed as provided in this chapter. 2,233
Nothing contained in this chapter shall be construed as 2,234
authorizing a real estate broker or salesman SALESPERSON to 2,235
perform any service constituting the practice of law. 2,236
50
No partnership, association, or corporation holding a real 2,238
estate license shall employ as an officer, director, manager, or 2,239
a principal employee any person previously holding a license as a 2,240
real estate broker, real estate salesman, limited real estate 2,242
broker, limited real estate salesman SALESPERSON, foreign real 2,243
estate dealer, or foreign real estate salesman SALESPERSON, whose 2,244
license has beenterminated BEEN TERMINATED by failure to file a 2,245
certificate of continuation, by revocation, or by suspension, and 2,246
who has not thereafter been relicensed.
Sec. 4735.051. (A) Within five business days after a 2,255
person files a signed written complaint against a licensed real 2,256
estate broker, OR licensed real estate salesperson, licensed 2,257
limited real estate broker, or licensed limited real estate 2,259
salesperson with the division of real estate, the superintendent 2,260
of real estate shall acknowledge receipt of the complaint and 2,261
send a notice to the licensee describing the acts complained of. 2,262
The acknowledgment to the complainant and the notice to the 2,263
licensee shall state that an informal meeting will be held with 2,264
the complainant, the licensee, and an investigator from the 2,265
investigation and audit section of the division if the 2,266
complainant and licensee both file a request for such a meeting 2,267
within ten business days thereafter on a form provided by the 2,268
superintendent. 2,269
(B) If the complainant and licensee both file with the 2,271
division requests for an informal meeting, the superintendent 2,272
shall notify the complainant and licensee of the date of the 2,273
meeting, which shall be within twenty business days thereafter, 2,274
except that any party may request an extension of up to fifteen 2,275
business days for good cause shown. If the parties reach an 2,276
accommodation at an informal meeting, the investigator shall so 2,277
report to the superintendent and the parties and the complaint 2,278
file shall be closed, unless, based upon the investigator's 2,279
report, the superintendent finds evidence that the licensee has 2,280
violated section 4735.18 of the Revised Code. 2,281
51
(C) If the parties fail to agree to an informal meeting or 2,283
fail to reach an accommodation, or if the superintendent finds 2,285
evidence of a violation of section 4735.18 of the Revised Code, 2,286
the superintendent shall, within five business days of such 2,287
determination, so notify the parties and shall investigate the 2,288
conduct of the licensee against whom the complaint is filed. 2,289
(D) Within sixty business days after receipt of the 2,291
complaint, or, if an informal meeting is held, within sixty days 2,292
of such meeting, the investigator shall file a written report of 2,293
the results of the investigator's investigation with the 2,294
superintendent. Within ten business days thereafter, the 2,296
superintendent shall review the report and determine whether 2,297
there exists reasonable and substantial evidence of a violation 2,298
of section 4735.18 of the Revised Code by the licensee. If the 2,299
superintendent finds such evidence exists, within five business 2,300
days of the determination, the superintendent shall notify the 2,301
parties of the date of a hearing to be held by a hearing examiner 2,302
pursuant to Chapter 119. of the Revised Code within fifteen days 2,303
but not prior to seven days thereafter, except that any party may 2,304
request an extension of up to thirty business days for good cause 2,305
shown. If the superintendent finds that such evidence does not 2,306
exist, within five business days thereafter, the superintendent 2,307
shall so notify the parties of the superintendent's determination 2,308
and the basis for the determination. Within fifteen business 2,309
days after the superintendent notifies the parties that such 2,310
evidence does not exist, the complainant may file with the 2,311
division a request that the commissioners review the 2,312
determination. If the complainant files such request, the 2,313
commissioners shall review the determination at the next 2,314
regularly scheduled meeting held at least fifteen business days 2,315
after the request is filed. The commission shall hear the 2,316
testimony of either party at such meeting upon the request of the 2,317
party. If the commissioners affirm the determination of the 2,318
superintendent, the superintendent shall so notify the 2,319
52
complainant and the licensee within five business days 2,320
thereafter. If the commissioners reverse the determination of 2,321
the superintendent, a hearing shall be held and the parties 2,322
notified as provided in this division.
(E) Within twenty-five business days after the conclusion 2,324
of formal hearings, the hearing examiner shall file a report of 2,325
findings of fact and conclusions of law with the superintendent, 2,326
the commission, and the parties. 2,327
(F) The commissioners shall review the hearing examiner's 2,329
report and the parties' evidence at the next regularly scheduled 2,330
commission meeting held at least fifteen business days after 2,331
receipt of the hearing examiner's report. The commission shall 2,332
hear the testimony of any party upon request. If the complainant 2,333
is the Ohio civil rights commission, the complaint shall be 2,334
reviewed by the commissioners directly upon request. 2,335
(G) The commission shall decide whether to impose 2,337
disciplinary sanctions upon a licensee for a violation of section 2,338
4735.18 of the Revised Code. The commission shall decide within 2,339
sixty days of the filing of the hearing examiner's report or 2,340
within sixty days of the filing of an Ohio civil rights 2,341
commission complaint. The commission shall maintain a transcript 2,342
of the proceedings and issue a written opinion to all the 2,343
parties, citing its findings and grounds for any action taken. 2,344
The commission shall notify the complainant and any other party 2,345
who may have suffered financial loss because of the licensee's 2,346
violations, that the complainant or other party may sue for 2,348
recovery under section 4735.12 of the Revised Code.
(H) An investigation under this section is subject to 2,350
section 4735.32 of the Revised Code. 2,351
(I) The commission may impose the following sanctions upon 2,353
a licensee for a violation of section 4735.18 of the Revised 2,354
Code: 2,355
(1) Revoke a license issued under Chapter 4735. of the 2,357
Revised Code; 2,358
53
(2) Suspend a license for a term set by the commission; 2,360
(3) Impose a fine, not exceeding two thousand five hundred 2,362
dollars per violation; 2,363
(4) Issue a public reprimand; 2,365
(5) Require the completion of additional continuing 2,367
education course work. Any continuing education course work 2,368
imposed pursuant to this section shall not count toward the 2,369
continuing education requirements set forth in section 4735.14 of 2,370
the Revised Code.
All fines imposed pursuant to division (I)(3) of this 2,372
section shall be credited to the real estate operating fund, 2,373
which is created in the state treasury under section 4735.211 of 2,374
the Revised Code.
Sec. 4735.07. (A) The superintendent of real estate, with 2,383
the consent of the Ohio real estate commission, may enter into 2,384
agreements with recognized national testing services to 2,385
administer the real estate broker's examination under his THE 2,386
SUPERINTENDENT'S supervision and control, consistent with the 2,387
requirements of this chapter as to the contents of such 2,389
examination.
(B) No person shall take the broker's examination who has 2,391
not established to the satisfaction of the superintendent that he 2,393
THE PERSON:
(1) Is honest, truthful, and of good reputation; 2,395
(2)(a) Has not been convicted of a felony or crime of 2,397
moral turpitude, or if he THE PERSON has been so convicted, the 2,398
superintendent has disregarded the conviction because the 2,399
applicant has proven to the superintendent, by a preponderance of 2,400
the evidence, that his THE APPLICANT'S activities and employment 2,401
record since the conviction show that he THE APPLICANT is honest, 2,403
truthful, and of good reputation, and there is no basis in fact 2,405
for believing that he THE APPLICANT again will violate the laws 2,406
involved;
(b) Has not been finally adjudged by a court to have 2,408
54
violated any municipal, state, or federal civil rights laws 2,409
relevant to the protection of purchasers or sellers of real 2,410
estate or, if he THE PERSON has been so adjudged, at least two 2,411
years have passed since the court decision and the superintendent 2,413
has disregarded the adjudication because the applicant has 2,414
proven, by a preponderance of the evidence, that his THE 2,415
APPLICANT'S activities and employment record since the 2,416
adjudication show that he THE APPLICANT is honest, truthful, and 2,417
of good reputation, and there is no basis in fact for believing 2,418
that he THE APPLICANT will again violate the laws involved;. 2,419
(3) Has not, during any period in which he THE PERSON was 2,421
licensed under this chapter, violated any provision of, or any 2,423
rule adopted pursuant to, this chapter, or, if he THE PERSON has 2,424
violated any such provision or rule, has established to the 2,425
satisfaction of the superintendent that he THE PERSON will not 2,426
again violate such provision or rule; 2,427
(4) Is at least eighteen years of age; 2,429
(5) Has been a licensed real estate broker or salesman 2,431
SALESPERSON for at least two years; during at least two of the 2,432
five years preceding his application, has worked as a licensed 2,434
real estate broker or salesman SALESPERSON for an average of at 2,435
least thirty hours per week; and has completed one of the 2,436
following:
(a) At least twenty real estate transactions, in which 2,438
property was sold for another by the applicant while acting in 2,439
his THE capacity as OF a real estate broker or salesman 2,441
SALESPERSON;
(b) Such equivalent experience as is defined by rules 2,443
adopted by the commission;. 2,444
(6)(a) If licensed as a real estate salesman SALESPERSON 2,446
prior to January 1, 1990, successfully has completed at an 2,447
institution of higher education all of the following: 2,448
(i) Thirty hours of classroom instruction in real estate 2,450
practice; 2,451
55
(ii) Thirty hours of classroom instruction that includes 2,453
the subjects of Ohio real estate law, municipal, state, and 2,454
federal civil rights law, new case law on housing discrimination, 2,455
desegregation issues, and methods of eliminating the effects of 2,456
prior discrimination. If feasible, the classroom instruction in 2,457
Ohio real estate law shall be taught by a member of the faculty 2,458
of an accredited law school. If feasible, the classroom 2,459
instruction in municipal, state, and federal civil rights law, 2,460
new case law on housing discrimination, desegregation issues, and 2,461
methods of eliminating the effects of prior discrimination shall 2,462
be taught by a staff member of the Ohio civil rights commission 2,463
who is knowledgeable with respect to those subjects. The 2,464
requirements of this division do not apply to an applicant who is 2,465
admitted to practice before the supreme court. 2,466
(iii) Thirty hours of classroom instruction in real estate 2,468
appraisal; 2,469
(iv) Thirty hours of classroom instruction in real estate 2,471
finance; 2,472
(v) Three quarter hours, or its equivalent in semester 2,474
hours, in financial management; 2,475
(vi) Three quarter hours, or its equivalent in semester 2,477
hours, in human resource or personnel management; 2,478
(vii) Three quarter hours, or its equivalent in semester 2,480
hours, in applied business economics; 2,481
(viii) Three quarter hours, or its equivalent in semester 2,483
hours, in business law. 2,484
(b) Division (B)(6)(a) of this section does not apply to 2,486
any applicant who holds a valid real estate salesman's 2,487
SALESPERSON'S license issued prior to January 2, 1972, or to 2,488
applicants for a limited real estate broker's or salesman's 2,491
license. Divisions (B)(6)(a)(v), (vi), (vii), and (viii) of this 2,492
section do not apply to any applicant who holds a valid real 2,493
estate salesman's SALESPERSON'S license issued prior to January 2,494
3, 1984.
56
(7) If licensed as a real estate salesman SALESPERSON on 2,496
or after January 3, 1984, satisfactorily has completed a minimum 2,497
of two years of post-secondary education, or its equivalent in 2,498
semester or quarter hours, at an institution of higher education, 2,499
and has fulfilled the requirements of division (B)(6)(a) of this 2,500
section. The requirements of division (B)(6)(a) of this section 2,501
may be included in the two years of post-secondary education, or 2,502
its equivalent in semester or quarter hours, that is required by 2,503
this division. 2,504
(C) Each applicant for a broker's license shall be 2,506
examined in the principles of real estate practice, Ohio real 2,507
estate law, and financing and appraisal, and as to the duties of 2,508
real estate brokers and real estate salesmen SALESPERSONS, the 2,509
applicant's knowledge of real estate transactions and instruments 2,510
relating to them, and the canons of business ethics pertaining to 2,511
them. The commission from time to time shall promulgate such 2,512
canons and cause them to be published in printed form. 2,513
Each applicant for a limited real estate broker's or 2,515
limited real estate salesman's license shall be examined only in 2,517
the areas specified in section 4735.091 of the Revised Code. 2,518
(D) Examinations shall be given entirely in writing, 2,520
except that they shall be administered orally or in braille to 2,521
the blind, as defined in section 5109.15 of the Revised Code, or 2,522
orally to an individual whose physical disability, as supported 2,523
by a physician's statement, renders it impossible to take a 2,524
written examination. The contents of an examination shall be 2,525
consistent with the requirements of division (B)(6)(a) of this 2,526
section and with the other specific requirements of this section. 2,527
An applicant who has completed the requirements of division 2,528
(B)(6)(a) of this section at the time of application may be 2,529
examined at the next regularly scheduled examination after he THE 2,530
APPLICANT is notified of his admission to the examination. 2,531
(E) The superintendent may waive the requirement of 2,533
examination in the case of an application from a nonresident real 2,534
57
estate broker of a state having similar requirements and under 2,535
the laws of which similar recognition is extended to licensed 2,536
real estate brokers and real estate salesmen SALESPERSONS of this 2,538
state.
(F) There shall be no limit placed on the number of times 2,540
an applicant may retake the examination. 2,541
(G) The superintendent in his THE SUPERINTENDENT'S 2,543
discretion may waive the requirement of examination if the 2,545
applicant has been licensed as a real estate broker by the 2,546
superintendent or commission at some time during the two-year 2,547
period immediately preceding the date of the current application. 2,548
(H)(1) Within twelve months from the date of issuance of 2,550
any real estate broker's license issued on or after January 1, 2,551
1990, the licensee successfully shall complete, at an institution 2,552
of higher education or any other institution that is approved by 2,553
the commission, ten hours of classroom instruction in real estate 2,554
brokerage. That instruction shall include, but not be limited 2,555
to, current issues in managing a real estate company or office. 2,556
Upon completion of the instruction, the licensee shall cause to 2,557
be filed with the superintendent a certificate from the 2,558
institution showing that he THE LICENSEE successfully has 2,559
completed the requirements of this division. 2,560
If the instruction is not successfully completed within 2,562
twelve months, the license of the real estate broker is suspended 2,563
automatically without the taking of any action by the commission. 2,564
The broker then shall have one year after the date of the 2,565
suspension of his THE BROKER'S license to successfully complete 2,566
the instruction required under this division, and his THE 2,568
BROKER'S license shall not be reinstated by the superintendent 2,569
until it is established, to the satisfaction of the 2,570
superintendent, that the requirements of this division have been 2,571
met.
(2) If the license of a real estate broker is suspended 2,573
pursuant to division (H)(1) of this section, the license of a 2,574
58
real estate salesman SALESPERSON associated with that broker 2,575
correspondingly is suspended pursuant to division (B) of section 2,577
4735.20 of the Revised Code. However, the suspended license of 2,578
the associated real estate salesman SALESPERSON shall be 2,579
reinstated and no fee shall be charged or collected for that 2,580
reinstatement if all of the following occur: 2,581
(a) That broker subsequently submits satisfactory proof to 2,583
the superintendent that he THE BROKER has complied with the 2,584
requirements of division (H)(1) of this section and requests that 2,586
his THE BROKER'S license as a real estate broker be reinstated; 2,587
(b) The superintendent then reinstates his THE BROKER'S 2,589
license as a real estate broker; 2,590
(c) The associated real estate salesman SALESPERSON 2,592
intends to continue to be associated with that broker and 2,593
otherwise is in compliance with this chapter. 2,594
Sec. 4735.10. (A)(1) The Ohio real estate commission may 2,603
adopt reasonable rules in accordance with Chapter 119. of the 2,604
Revised Code, necessary for implementing the provisions of this 2,605
chapter relating, but not limited to, the following: 2,606
(a) The form and manner of filing applications for 2,608
license; 2,609
(b) Times and form of examination for license; 2,611
(c) Placing an existing broker's license in escrow for an 2,613
indefinite period upon good cause shown. 2,614
(2) The commission shall adopt reasonable rules in 2,616
accordance with Chapter 119. of the Revised Code, for 2,617
implementing the provisions of this chapter relating to the 2,618
following:
(a) The issuance, renewal, suspension, revocation of 2,620
licenses, other sanctions that may be imposed for violations of 2,621
this chapter, and the conduct of hearings related to these 2,623
actions;
(b) Standards for the approval of courses of study 2,625
required for licenses, or offered in preparation for license 2,626
59
examinations, or required as continuing education for licenses. 2,627
The rules shall specify that no standard for the approval of a 2,629
course of study required as continuing education for licensees
shall require that licensees pass an examination as a condition 2,630
for the successful completion of a continuing education 2,631
requirement. A person providing a continuing education course 2,632
may administer examinations for the purpose of evaluating the 2,633
effectiveness of the course.
(c) Guidelines to ensure that continuing education classes 2,636
are open to all persons licensed under this chapter. The rules 2,637
shall specify that an organization that sponsors a continuing 2,638
education class may offer its members a reasonable reduction in 2,639
the fees charged for the class. 2,640
(d) Requirements for trust accounts and property 2,642
management accounts. The rules shall specify that: 2,643
(i) Brokerages engaged in the management of property for 2,646
another may, pursuant to a written contract with the property 2,647
owner, exercise signatory authority for withdrawals from property 2,648
management accounts maintained in the name of the property owner. 2,649
The exercise of authority for withdrawals does not constitute a 2,650
violation of any provision of division (A) of section 4735.18 of 2,651
the Revised Code. 2,653
(ii) The interest earned on property management trust 2,656
accounts maintained in the name of the property owner or the
broker shall be payable to the property owner unless otherwise 2,657
specified in a written contract. 2,658
(e) Annual certificates of continuation in business and 2,660
filing deadlines based on a staggered system of renewal with 2,661
deadlines distributed throughout the year. 2,662
(B) The commission shall adopt rules in accordance with 2,664
Chapter 119. of the Revised Code establishing standards and 2,665
guidelines with which the superintendent of real estate shall 2,666
comply in the exercise of the following powers: 2,667
(1) Appointment and recommendation of ancillary trustees 2,669
60
under section 4735.05 of the Revised Code; 2,670
(2) Rejection of names proposed to be used by 2,672
partnerships, associations, and corporations, under division (A) 2,673
of section 4735.06 of the Revised Code; 2,674
(3) Acceptance and rejection of applications to take the 2,676
broker and salesman SALESPERSON examinations and licensure, with 2,677
waiver of examination, under sections 4735.07 and 4735.09 of the 2,678
Revised Code; 2,679
(4) Approval of applications of brokers to place their 2,681
licenses on deposit and to become salespersons under section 2,683
4735.13 of the Revised Code;
(5) Appointment of hearing examiners under section 119.09 2,685
of the Revised Code; 2,686
(6) Acceptance and rejection of applications to take the 2,688
foreign real estate dealer and salesperson examinations and 2,689
licensure, with waiver of examination, under sections 4735.27 and 2,690
4735.28 of the Revised Code; 2,691
(7) Qualification of foreign real estate under section 2,693
4735.25 of the Revised Code. 2,694
If at any time there is no rule in effect establishing a 2,696
guideline or standard required by this division, the 2,697
superintendent shall adopt a rule in accordance with Chapter 119. 2,698
of the Revised Code for such purpose. 2,699
(C) The commission or superintendent may hear testimony in 2,701
matters relating to the duties imposed upon them, and the 2,702
president of the commission and superintendent may administer 2,703
oaths. The commission or superintendent may require other proof 2,704
of the honesty, truthfulness, and good reputation of any person 2,705
named in an application for a real estate broker's, OR real 2,706
estate salesperson's, limited real estate broker's, or limited 2,708
real estate salesperson's license before admitting the applicant 2,709
to the examination or issuing a license. 2,710
Sec. 4735.141. (A) Except as otherwise provided in this 2,719
division, on or before January 31, 1983, and on or before the 2,720
61
thirty-first day of January of every third year thereafter, each 2,721
licensee who was licensed by the state prior to January 1, 1980, 2,722
as a real estate broker or salesperson shall submit proof 2,723
satisfactory to the superintendent of real estate that the 2,724
licensee has satisfactorily completed, during the preceding three 2,725
years, thirty classroom hours of continuing education as 2,726
prescribed by the Ohio real estate commission pursuant to section 2,727
4735.10 of the Revised Code. Persons licensed as real estate 2,728
salespersons within the state on or after January 1, 1980, shall 2,729
submit the proof to the superintendent on or before the last day 2,730
of the month of the third year directly following the filing of 2,731
the certificate prescribed in division (G) of section 4735.09 of 2,732
the Revised Code, and every third year thereafter. Persons 2,733
licensed as real estate salespersons who subsequently become 2,734
licensed real estate brokers, shall continue to submit proof of 2,735
continuing education on the schedule established when they were 2,736
licensed real estate salespersons. The requirements of this 2,737
section shall not apply to persons licensed under section 2,738
4735.091 of the Revised Code or to any physically handicapped 2,740
licensee as provided in division (E) of this section. 2,742
Each licensee who is seventy years of age or older on the 2,744
effective date of this amendment JUNE 13, 1996, and each licensee 2,746
who will be seventy years of age or older within three years 2,747
after the effective date of this amendment JUNE 13, 1996, shall 2,748
submit proof satisfactory to the superintendent that the licensee 2,749
has satisfactorily completed during the three-year period 2,750
commencing on the effective date of this amendment JUNE 13, 1996, 2,751
and every three-year period thereafter, a total of nine classroom 2,753
hours of continuing education, including instruction in Ohio real 2,754
estate law; recently enacted state and federal laws affecting the 2,755
real estate industry; municipal, state, and federal civil rights 2,757
law; and canons of ethics for the real estate industry as adopted 2,758
by the commission. The commission shall adopt reasonable rules
in accordance with Chapter 119. of the Revised Code to carry out 2,760
62
the purposes of this paragraph.
A person providing any course of continuing education may 2,762
administer examinations to licensees for the purpose of 2,763
evaluating the effectiveness of the course, but passage of an 2,764
examination by a licensee shall not be a condition for successful 2,765
completion of the continuing education requirements of this 2,766
section. 2,767
(B) The continuing education requirements of this section 2,769
shall be completed in schools, seminars, and educational 2,770
institutions approved by the commission. Such approval shall be 2,771
given according to rules established by the commission under the 2,772
procedures of Chapter 119. of the Revised Code, and shall not be 2,773
limited to institutions providing two-year or four-year degrees. 2,774
Each school, seminar, or educational institution approved under 2,775
this division shall be open to all licensees on an equal basis. 2,776
(C) If the requirements of this section are not met by a 2,778
licensee within the period specified, the licensee's license 2,779
shall be suspended automatically without the taking of any action 2,780
by the superintendent. The superintendent shall notify the 2,781
licensee of the license suspension. Any license so suspended 2,782
shall remain suspended until it is reinstated by the 2,783
superintendent. No such license shall be reinstated until it is 2,784
established, to the satisfaction of the superintendent, that the 2,785
requirements of this section have been met. If the requirements 2,786
of this section are not met within two years from the date the 2,787
license was suspended, the license shall be revoked automatically 2,788
without the taking of any action by the commission. A person 2,789
whose license has been revoked and whose revoked license was 2,790
issued prior to January 1, 1980, may have the person's license 2,791
reinstated by the superintendent at any time after it has been 2,792
revoked upon submitting proof satisfactory to the superintendent 2,793
that the person has satisfactorily completed during the period 2,794
since the revocation of the person's license thirty classroom 2,795
hours of continuing education as prescribed by the commission 2,796
63
pursuant to section 4735.10 of the Revised Code. Upon 2,797
reinstatement of the person's license, the licensee shall comply 2,798
with the educational requirements of division (A) of this
section. 2,799
(D) If the license of a real estate broker is suspended 2,801
pursuant to division (C) of this section, the license of a real 2,802
estate salesperson associated with that broker correspondingly is 2,804
suspended pursuant to division (B) of section 4735.20 of the 2,805
Revised Code. However, the suspended license of the associated 2,806
real estate salesperson shall be reinstated and no fee shall be 2,808
charged or collected for that reinstatement if all of the 2,809
following occur: 2,810
(1) That broker subsequently submits proof to the 2,812
superintendent that the broker has complied with the requirements 2,813
of this section and requests that the broker's license as a real 2,814
estate broker be reinstated; 2,815
(2) The superintendent then reinstates the broker's 2,817
license as a real estate broker; 2,818
(3) The associated real estate salesperson intends to 2,820
continue to be associated with that broker, has complied with the 2,821
requirements of this section, and otherwise is in compliance with 2,822
this chapter. 2,823
(E) Any licensee who is a physically handicapped licensee 2,825
at any time during the last three months of the third year of the 2,826
licensee's continuing education reporting period may receive an 2,827
extension of time to submit proof to the superintendent that the 2,828
licensee has satisfactorily completed the required thirty hours 2,829
of continuing education. To receive an extension of time, the 2,830
licensee shall submit a request to the division of real estate 2,831
for the extension and proof satisfactory to the commission that 2,832
the licensee was a physically handicapped licensee at some time 2,833
during the last three months of the three-year reporting period. 2,834
The proof shall include, but is not limited to, a signed 2,835
statement by the licensee's attending physician describing the 2,836
64
physical disability, certifying that the licensee's disability is 2,837
of such a nature as to prevent the licensee from attending any 2,838
classroom instruction lasting at least three hours in duration, 2,839
and stating the expected duration of the physical disability. 2,840
The licensee shall request the extension and provide the 2,841
physician's statement to the division no later than one month
prior to the end of the licensee's three-year continuing 2,842
education reporting period, unless the physical disability did 2,843
not arise until the last month of the three-year reporting 2,844
period, in which event the licensee shall request the extension 2,845
and provide the physician's statement as soon as practical after 2,846
the occurrence of the physical disability. A licensee granted an 2,847
extension pursuant to this division who is no longer a physically 2,848
handicapped licensee and who submits proof of completion of the 2,849
continuing education during the extension period, shall submit, 2,850
for future continuing education reporting periods, proof of 2,851
completion of the continuing education requirements according to 2,852
the schedule established in division (A) of this section. 2,853
Sec. 4735.18. (A) Subject to section 4735.32 of the 2,862
Revised Code, the superintendent of real estate, upon the 2,863
superintendent's own motion, may investigate the conduct of any 2,864
licensee. Subject to section 4735.32 of the Revised Code, the 2,865
Ohio real estate commission shall, pursuant to section 4735.051 2,866
of the Revised Code, impose disciplinary sanctions upon any 2,867
licensee who, whether or not acting in the licensee's capacity as 2,868
a real estate broker or salesperson, or limited real estate
broker or salesperson, or in handling the licensee's own 2,870
property, is found to have been convicted of a felony or a crime 2,873
of moral turpitude, and shall, pursuant to section 4735.051 of 2,874
the Revised Code, impose disciplinary sanctions upon any licensee 2,875
who, in the licensee's capacity as a real estate broker or 2,876
salesperson, or limited real estate broker or salesperson, or in 2,877
handling the licensee's own property, is found guilty of: 2,879
(1) Knowingly making any misrepresentation; 2,881
65
(2) Making any false promises with intent to influence, 2,883
persuade, or induce; 2,884
(3) A continued course of misrepresentation or the making 2,886
of false promises through agents, salespersons, advertising, or 2,887
otherwise;
(4) Acting for more than one party in a transaction except 2,890
as permitted by and in compliance with section 4735.71 of the
Revised Code.; 2,891
(5) Failure within a reasonable time to account for or to 2,893
remit any money coming into the licensee's possession which 2,894
belongs to others; 2,895
(6) Dishonest or illegal dealing, gross negligence, 2,897
incompetency, or misconduct; 2,898
(7)(a) By final adjudication by a court, a violation of 2,900
any municipal or federal civil rights law relevant to the 2,901
protection of purchasers or sellers of real estate or, by final 2,902
adjudication by a court, any unlawful discriminatory practice 2,903
pertaining to the purchase or sale of real estate prohibited by 2,904
Chapter 4112. of the Revised Code, provided that such violation 2,905
arose out of a situation wherein parties were engaged in bona 2,906
fide efforts to purchase, sell, or lease real estate, in the 2,907
licensee's practice as a licensed real estate broker or 2,908
salesperson;
(b) A second or subsequent violation of any unlawful 2,910
discriminatory practice pertaining to the purchase or sale of 2,911
real estate prohibited by Chapter 4112. of the Revised Code or 2,912
any second or subsequent violation of municipal or federal civil 2,913
rights laws relevant to purchasing or selling real estate whether 2,914
or not there has been a final adjudication by a court, provided 2,915
that such violation arose out of a situation wherein parties were 2,916
engaged in bona fide efforts to purchase, sell, or lease real 2,917
estate. For any second offense under this division, the 2,918
commission shall suspend for a minimum of two months or revoke 2,919
the license of the broker or salesperson. For any subsequent 2,920
66
offense, the commission shall revoke the license of the broker or 2,921
salesperson. 2,922
(8) Procuring a license under this chapter, for the 2,924
licensee or any salesperson by fraud, misrepresentation, or 2,925
deceit;
(9) Having violated or failed to comply with any provision 2,927
of sections 4735.51 to 4735.74 of the Revised Code or having 2,928
willfully disregarded or violated any other provisions of this 2,929
chapter;
(10) As a real estate broker or limited real estate 2,932
broker, having demanded, without reasonable cause, other than
from a broker licensed under this chapter, a commission to which 2,933
the licensee is not entitled, or, as a real estate salesperson or 2,935
limited real estate salesperson, having demanded, without 2,936
reasonable cause, a commission to which the licensee is not 2,937
entitled;
(11) Having paid commissions or fees to, or divided 2,939
commissions or fees with, anyone not licensed as a real estate 2,940
broker or salesperson; 2,941
(12) Having falsely represented membership in any real 2,943
estate professional association of which the licensee is not a 2,944
member; 2,945
(13) Having accepted, given, or charged any undisclosed 2,947
commission, rebate, or direct profit on expenditures made for a 2,948
principal; 2,949
(14) Having offered anything of value other than the 2,951
consideration recited in the sales contract as an inducement to a 2,952
person to enter into a contract for the purchase or sale of real 2,953
estate or having offered real estate or the improvements on real 2,954
estate as a prize in a lottery or scheme of chance; 2,955
(15) Having acted in the dual capacity of real estate 2,957
broker and undisclosed principal, or real estate salesperson and 2,959
undisclosed principal, in any transaction;
(16) Having guaranteed, authorized, or permitted any 2,961
67
person to guarantee future profits which may result from the 2,962
resale of real property or cemetery interment rights; 2,963
(17) Having placed a sign on any property offering it for 2,965
sale or for rent without the consent of the owner or the owner's 2,966
authorized agent; 2,967
(18) Having induced any party to a contract of sale or 2,969
lease to break such contract for the purpose of substituting in 2,970
lieu of it a new contract with another principal; 2,971
(19) Having negotiated the sale, exchange, or lease of any 2,973
real property directly with an owner, purchaser, lessor, or 2,974
tenant knowing that such owner, purchaser, lessor, or tenant had 2,975
a written outstanding contract granting exclusive agency in 2,976
connection with such property to another real estate broker; 2,977
(20) Having offered real property for sale or for lease 2,979
without the knowledge and consent of the owner or the owner's 2,980
authorized agent, or on any terms other than those authorized by 2,981
the owner or the owner's authorized agent; 2,982
(21) Having published advertising, whether printed, radio, 2,984
display, or of any other nature, which was misleading or 2,985
inaccurate in any material particular, or in any way having 2,986
misrepresented any properties, terms, values, policies, or 2,987
services of the business conducted; 2,988
(22) Having knowingly withheld from or inserted in any 2,990
statement of account or invoice any statement that made it 2,991
inaccurate in any material particular; 2,992
(23) Having published or circulated unjustified or 2,994
unwarranted threats of legal proceedings which tended to or had 2,995
the effect of harassing competitors or intimidating their 2,996
customers; 2,997
(24) Having failed to keep complete and accurate records 2,999
of all transactions for a period of three years from the date of 3,000
the transaction, such records to include copies of listing forms, 3,001
earnest money receipts, offers to purchase and acceptances of 3,002
them, and records of receipts and disbursements of all funds 3,003
68
received by the licensee as broker and incident to the licensee's 3,004
transactions as such, and any other instruments or papers related 3,006
to the performance of any of the acts set forth in the definition 3,007
of a real estate broker; 3,008
(25) Failure of a real estate broker or salesperson to 3,010
furnish all parties involved in a real estate transaction true 3,011
copies of all listings and other agreements to which they are a 3,012
party, at the time each party signs them; 3,013
(26) Failure to maintain at all times a special or trust 3,015
bank account in a depository located in this state. The account 3,016
shall be noninterest-bearing, separate and distinct from any 3,017
personal or other account of the broker, and, except as provided 3,019
in division (A)(27) of this section, shall be used for the
deposit and maintenance of all escrow funds, security deposits, 3,020
and other moneys received by the broker in a fiduciary capacity. 3,021
The name, account number, if any, and location of the depository 3,022
wherein such special or trust account is maintained shall be 3,023
submitted in writing to the superintendent. Checks drawn on such 3,024
special or trust bank accounts are deemed to meet the conditions 3,025
imposed by section 1349.21 of the Revised Code.
(27) Failure to maintain at all times a special or trust 3,027
bank account in a depository in this state, to be used 3,028
exclusively for the deposit and maintenance of all rents, 3,029
security deposits, escrow funds, and other moneys received by the 3,030
broker in a fiduciary capacity in the course of managing real
property. This account shall be separate and distinct from any 3,031
other account maintained by the broker. The name, account 3,032
number, and location of the depository shall be submitted in 3,033
writing to the superintendent. This account may earn interest, 3,034
which shall be paid to the property owners on a pro rata basis. 3,035
Division (A)(27) of this section does not apply to brokers 3,037
who are not engaged in the management of real property on behalf 3,038
of real property owners. 3,039
(28) Having failed to put definite expiration dates in all 3,041
69
written agency agreements to which the broker is a party; 3,042
(29) Having an unsatisfied final judgment in any court of 3,044
record against the licensee arising out of his THE LICENSEE'S 3,045
conduct as a licensed broker or salesman SALESPERSON; 3,046
(30) Failing to render promptly upon demand a full and 3,048
complete statement of the expenditures by the broker or 3,049
salesperson of funds advanced by or on behalf of a party to a 3,050
real estate transaction to the broker or salesperson for the 3,051
purpose of performing duties as a licensee under this chapter in 3,052
conjunction with the real estate transaction; 3,053
(31) Failure within a reasonable time, after the receipt 3,055
of the commission by the broker, to render an accounting to and 3,056
pay a real estate salesperson the salesperson's earned share of 3,057
it;
(32) Failure to notify the real estate salesperson that 3,059
the licensee does not intend to list such salesperson on the 3,060
continuation in business form;
(33) Performing any service for another constituting the 3,062
practice of law, as determined by any court of law; 3,063
(34) Having been adjudicated incompetent for the purpose 3,065
of holding the license by a court, as provided in section 3,066
5122.301 of the Revised Code. A license revoked or suspended 3,067
under this division shall be reinstated upon proof to the 3,068
commission of the removal of the disability. 3,069
(35) Having authorized or permitted a person to act as an 3,071
agent in the capacity of a real estate broker or limited real 3,072
estate broker, or a real estate salesperson or limited real 3,074
estate salesperson, who was not then licensed as a real estate
broker, limited real estate broker, OR real estate salesperson, 3,076
or limited real estate salesperson under this chapter. 3,078
(B) Whenever the commission, pursuant to section 4735.051 3,080
of the Revised Code, imposes disciplinary sanctions for any 3,081
violation of this section, the commission also may impose such 3,082
sanctions upon the broker with whom the salesperson is affiliated 3,083
70
if the commission finds that the broker had knowledge of the 3,084
salesperson's actions that violated this section.
(C) The commission shall, pursuant to section 4735.051 of 3,086
the Revised Code, impose disciplinary sanctions upon any foreign 3,087
real estate dealer or salesperson who, in that capacity or in 3,088
handling the dealer's or salesperson's own property, is found 3,089
guilty of any of the acts or omissions specified or comprehended 3,090
in division (A) of this section insofar as the acts or omissions
pertain to foreign real estate. If the commission imposes such 3,091
sanctions upon a foreign real estate salesperson for a violation 3,092
of this section, the commission also may suspend or revoke the 3,093
license of the foreign real estate dealer with whom the 3,094
salesperson is affiliated if the commission finds that the dealer 3,095
had knowledge of the salesperson's actions that violated this 3,096
section.
(D) The commission may suspend, in whole or in part, the 3,098
imposition of the penalty of suspension of a license under this 3,099
section. 3,100
(E) The commission immediately shall notify the real 3,102
estate appraiser board of any disciplinary action taken under 3,103
this section against a licensee who also is a state-certified 3,104
real estate appraiser under Chapter 4763. of the Revised Code. 3,105
Sec. 4735.32. (A)(1) The Ohio real estate commission or 3,114
the superintendent of real estate may commence, at any time 3,115
within three years from the date on which an alleged violation of 3,116
a provision of this or another chapter of the Revised Code 3,117
occurred, any investigation that relates to the conduct of a 3,118
licensed real estate broker, real estate salesman, limited real 3,119
estate broker, limited real estate salesman SALESPERSON, foreign 3,120
real estate dealer, or foreign real estate salesman SALESPERSON, 3,122
that is authorized pursuant to section 1349.11, 4735.051, or 3,124
4735.18, or any other section of the Revised Code, and that is 3,125
for purposes of determining whether the licensee has violated a 3,126
provision of this or another chapter of the Revised Code and 3,127
71
whether, as a consequence, his THE LICENSEE'S license should be 3,128
suspended or revoked, or other disciplinary action taken, as 3,129
provided in this or another chapter of the Revised Code. If such 3,130
an investigation is not commenced within the three-year period, 3,131
it shall be barred, and neither the commission nor the 3,132
superintendent shall suspend or revoke the license of any 3,133
licensee, or take other disciplinary action against any licensee, 3,134
because of the alleged violation of a provision of this or 3,135
another chapter of the Revised Code that could have been the 3,136
subject of the barred investigation.
(2) For purposes of division (A)(1) of this section, if an 3,138
investigation that is authorized by section 4735.051 of the 3,139
Revised Code is involved, it shall be considered to be commenced 3,140
as of the date on which a person files a complaint with the 3,141
division of real estate pursuant to division (A) of that section. 3,142
(B) This section does not affect any criminal or civil 3,144
liability that a licensed real estate broker, real estate 3,145
salesman, limited real estate broker, limited real estate 3,147
salesman SALESPERSON, foreign real estate dealer, or foreign real 3,148
estate salesman SALESPERSON, or any unlicensed person, may have 3,149
under this or another chapter of the Revised Code or under the 3,150
common law of this state. 3,151
Sec. 4735.57. (A) The superintendent of real estate, with 3,160
the approval of the Ohio real estate commission, shall establish 3,161
by rule the agency disclosure statement, which shall specify the 3,162
duties of a licensee in a real estate transaction pursuant to 3,163
this chapter. The agency disclosure statement shall contain a 3,165
place for the licensee and the parties to the transaction to sign
and date the statement and shall contain sections for the 3,166
disclosure or explanation of all of the following: 3,167
(1) The permissible agency relationships a licensee may 3,169
establish under section 4735.53 of the Revised Code and an 3,170
explanation of the duties the licensee owes the client in each 3,171
type of relationship;
72
(2) Whether the brokerage may act as a dual agent and if 3,173
so, the possibility that different licensees affiliated with the 3,174
brokerage might represent the separate interests of a purchaser 3,175
or a seller in the same transaction. The disclosure shall 3,176
contain an explanation that when different licensees affiliated 3,177
with the same brokerage represent both the purchaser and seller 3,179
in a transaction, each licensee represents only the interests of 3,180
that licensee's client. The disclosure shall contain an 3,181
explanation that when different licensees affiliated with the 3,182
same brokerage represent different clients in a transaction, the 3,183
brokerage and the management level licensees in the brokerage are 3,184
dual agents of both the seller and purchaser and have supervisory
duties and limitations as dual agents. The disclosure also shall 3,185
state that the broker shall take steps to preserve the 3,187
confidential information of the client.
(3) Unless confidential, the names of all parties the 3,189
licensee represents in the transaction; 3,190
(4) That the signature of the client indicates the client 3,192
consents to the agency relationship and that if the client does 3,193
not understand the agency disclosure statement, the client should 3,194
consult an attorney.
(B) The agency disclosure statement prescribed under 3,197
division (A) of this section does not limit the duties of a real 3,198
estate agent to those listed in division (A) of this section, and 3,199
the agent is obligated to perform all duties imposed on a real 3,200
estate agent at common law except to the extent the duties are 3,201
inconsistent with the duties prescribed in this chapter or are 3,202
otherwise modified by agreement.
(C) The disclosure requirements of this section do not 3,204
apply in any of the following situations: 3,205
(1) The rental or leasing of residential premises as 3,207
defined in section 5321.01 of the Revised Code, if the rental or 3,208
lease agreement can be performed in eighteen months or less; 3,209
(2) The referral of a prospective buyer, tenant, seller, 3,211
73
or landlord to another licensee; 3,212
(3) Transactions involving the sale, lease, or exchange of 3,215
foreign real estate as defined in division (G)(E) of section 3,216
4735.01 of the Revised Code; 3,217
(4) Transactions involving the sale of a cemetery lot or a 3,219
cemetery interment right. 3,220
Sec. 4767.02. (A) Except as otherwise provided in 3,229
division (C) of this section, no person, church, religious 3,230
society, established fraternal organization, or political 3,231
subdivision of the state shall own, operate, or maintain a 3,232
cemetery unless the cemetery is registered pursuant to section 3,233
4767.03 of the Revised Code. 3,234
(B) The division of real estate in the department of 3,236
commerce shall perform all of the following duties: 3,237
(1) Adopt, amend, and rescind rules in accordance with 3,239
Chapter 119. of the Revised Code to carry out sections 4767.02 to 3,240
4767.04 of the Revised Code governing the registration of 3,241
cemeteries; 3,242
(2) Prescribe the form and content of all applications to 3,244
be used for registration and renewal of registration pursuant to 3,245
section 4767.03 of the Revised Code; 3,246
(3) Review applications for registration and issue 3,248
registration certificates to cemeteries that meet the 3,249
qualifications for registration pursuant to sections 4767.03 and 3,250
4767.04 of the Revised Code; 3,251
(4) Collect all fees related to the registration and 3,253
renewal of registration certificates for cemeteries; 3,254
(5) Maintain a written record of each cemetery registered 3,256
with the division, which shall include such documentation as 3,257
required in division (A) of section 4767.04 of the Revised Code. 3,258
The record shall be available for inspection by the public and 3,259
copies shall be made available pursuant to division (B) of 3,260
section 149.43 of the Revised Code. 3,261
(6) REVOKE THE REGISTRATION OF ANY CEMETERY OWNER OR 3,263
74
OPERATOR CONVICTED OF A VIOLATION OF SECTION 1721.21 OR 1721.211 3,265
OF THE REVISED CODE IMMEDIATELY UPON RECEIPT OF NOTICE OF THE 3,266
CONVICTION PURSUANT TO SECTION 119.06 OF THE REVISED CODE; 3,267
(7) HIRE ALL DIVISION PERSONNEL NECESSARY TO IMPLEMENT 3,269
THIS CHAPTER; 3,270
(8) PROHIBIT THE SALE OF THE ASSETS OR STOCK OF A CEMETERY 3,273
BY REFUSING TO ISSUE A REGISTRATION CERTIFICATE TO THE PURCHASER 3,274
UNTIL THE DISPUTE RESOLUTION COMMISSION HAS RECEIVED AUDITED 3,275
FINANCIAL STATEMENTS AUDITED BY A CERTIFIED PUBLIC ACCOUNTANT
SHOWING TO THE COMMISSION'S SATISFACTION THAT ALL CURRENT FUNDS 3,277
REQUIRED TO BE DEPOSITED AND MAINTAINED PURSUANT TO SECTIONS 3,278
1721.21 AND 1721.211 OF THE REVISED CODE HAVE BEEN DEPOSITED AND 3,279
MAINTAINED; 3,280
(9) WITH THE DISPUTE RESOLUTION COMMISSION'S ADVICE AND 3,283
CONSENT, SUBPOENA CEMETERY PERSONNEL TO ATTEND HEARINGS BEFORE 3,284
THE COMMISSION.
(C) Sections 4767.02 to 4767.04 of the Revised Code do not 3,286
apply to or affect a family cemetery or a cemetery in which there 3,287
have been no interments during the previous twenty-five calendar 3,288
years. As used in this division, "family cemetery" means a 3,289
cemetery containing the human remains of persons, at least 3,290
three-fourths of whom have a common ancestor or who are the 3,291
spouse or adopted child of that common ancestor. 3,292
Sec. 4767.031. (A) THE OWNER OR THE PERSON RESPONSIBLE 3,295
FOR THE OPERATION OF EACH CEMETERY REQUIRED TO REGISTER UNDER 3,296
SECTION 4767.03 OF THE REVISED CODE SHALL PROVIDE THE DIVISION OF 3,298
REAL ESTATE IN THE DEPARTMENT OF COMMERCE, ON A FORM PRESCRIBED 3,299
BY THE DIVISION, AT THE SAME TIME THE OWNER OR OTHER PERSON 3,300
APPLIES FOR REGISTRATION OR RENEWAL OF REGISTRATION AS REQUIRED 3,301
BY SECTION 4767.03 OF THE REVISED CODE, A LIST OF THE NAMES AND 3,302
RESIDENCE ADDRESSES OF ALL PERSONS EMPLOYED OR OTHERWISE ENGAGED 3,304
BY THE CEMETERY TO SELL INTERMENT RIGHTS. THE PROVISION OF THIS
INFORMATION CONSTITUTES THE REGISTRATION OF THESE PERSONS TO SELL 3,305
INTERMENT RIGHTS. 3,306
75
IN ORDER FOR AN INDEPENDENT CONTRACTOR TO SELL INTERMENT 3,308
RIGHTS FOR A CEMETERY, THE CEMETERY SHALL SPONSOR AND REGISTER 3,309
THE INDEPENDENT CONTRACTOR WITH THE DIVISION. MORE THAN ONE 3,310
CEMETERY MAY SPONSOR AND REGISTER THE SAME INDEPENDENT 3,311
CONTRACTOR.
(B) THE OWNER OR THE PERSON RESPONSIBLE FOR THE OPERATION 3,314
OF EACH CEMETERY REQUIRED TO REGISTER UNDER SECTION 4767.03 OF 3,315
THE REVISED CODE SHALL PROVIDE THE DIVISION WITH A REVISED LIST 3,317
OF THE NAMES AND RESIDENCE ADDRESSES OF ALL PERSONS EMPLOYED OR 3,318
OTHERWISE ENGAGED BY THE CEMETERY TO SELL INTERMENT RIGHTS WITHIN 3,319
THE CALENDAR QUARTER IMMEDIATELY FOLLOWING THE DATE OF THE 3,320
TERMINATION OF THE CEMETERY'S RELATIONSHIP WITH AN EXISTING 3,321
SALESPERSON OR THE COMMENCEMENT OF A RELATIONSHIP WITH A NEW 3,322
SALESPERSON. AS USED IN THIS DIVISION, "CALENDAR QUARTER" MEANS 3,323
THE THREE-MONTH PERIOD THAT COMMENCES ON THE FIRST DAY OF EACH 3,324
JANUARY, APRIL, JULY, AND OCTOBER. 3,325
Sec. 4767.04. (A) To qualify a cemetery for a certificate 3,334
of registration, the applicant shall submit to the division of 3,335
real estate the following information: 3,336
(1) The name of the cemetery; 3,338
(2) The street address, city, village, or township, and 3,340
county where the cemetery is located and the mailing address if 3,341
different from the street address; 3,342
(3) The name and address of the person who owns the 3,344
cemetery; 3,345
(4) The name and address of the person responsible for the 3,347
operation and maintenance of the cemetery; 3,348
(5) A list of persons, if any, employed by or otherwise 3,350
affiliated with the owner or operator of the cemetery who hold a 3,351
limited real estate broker's license or a limited real estate 3,352
salesman's license pursuant to section 4735.091 of the Revised 3,354
Code; 3,355
(6) A copy of the most recent annual report of the 3,357
cemetery if required by the Ohio real estate commission pursuant 3,358
76
to section 1721.211 of the Revised Code. If the cemetery is 3,359
owned by a cemetery company or association, a copy of the annual 3,360
report for the previous year of all of the assets and investments 3,361
of the endowment care funds of the association as prepared 3,362
pursuant to section 1721.21 of the Revised Code shall be 3,363
submitted to the division. 3,364
(B) If any of the information required in division (A) of 3,366
this section changes at any time, the person responsible for the 3,367
operation and maintenance of the cemetery shall submit written 3,368
notification of the change to the division within thirty days of 3,369
the change occurring. 3,370
Sec. 4767.06. The Ohio cemetery dispute resolution 3,379
commission shall perform all of the following duties: 3,380
(A) Adopt, amend, and rescind such rules in accordance 3,382
with Chapter 119. of the Revised Code as are necessary in 3,383
carrying out sections 4767.05 to 4767.08 of the Revised Code, 3,384
including rules relative to the following: 3,385
(1) Transacting the commission's business and managing its 3,387
affairs; 3,388
(2) Establishing procedures for receiving, reviewing, and 3,390
responding to complaints filed pursuant to section 4767.07 of the 3,391
Revised Code; 3,392
(3) Conducting investigations in response to complaints 3,394
filed pursuant to division (A) of section 4767.07 of the Revised 3,395
Code; 3,396
(4) Resolving complaints by using informal techniques of 3,398
mediation, conciliation, and persuasion, including requiring the 3,399
parties involved in a complaint to be given prompt notice of any 3,400
offers to resolve disputes and responses thereto; 3,401
(5) Advising all parties making a complaint, or who are 3,403
the subject of a complaint, of any recommendations or findings of 3,404
fact made by the commission with respect to the complaint; 3,405
(6) Requesting the party who has filed a complaint or is 3,407
the subject of a complaint, and is affected by recommendations of 3,408
77
the commission made with respect to the complaint, to notify the 3,409
commission within a time specified by the commission of any 3,411
action the party has taken in response to the commission's 3,412
recommendations; 3,413
(7) Conducting nonpublic hearings and maintaining 3,415
commission proceedings and records as confidential, 3,416
notwithstanding sections 121.22 and 149.43 of the Revised Code 3,417
when the commission determines that the nature of the complaints 3,419
merits that action;
(8) Determining the method to be used in serving notices 3,421
as required by section 4767.07 of the Revised Code. 3,422
(B) Publicize information concerning the existence and 3,424
duties of the commission and the procedure for filing complaints 3,425
pursuant to section 4767.07 of the Revised Code; 3,426
(C) Conduct hearings on complaints pursuant to section 3,428
4767.07 of the Revised Code; 3,429
(D) Submit at least annually by the thirty-first day of 3,431
March a report on the commission's activities of the immediately 3,432
preceding calendar year to the governor and the majority and 3,433
minority leaders of the senate and house of representatives. The 3,434
report shall indicate the total number of complaints received, 3,435
initiated, and investigated under sections 4767.07 and 4767.08 of 3,436
the Revised Code; the total number of complaints for which 3,437
hearings were held; and the total number of referrals made to 3,438
prosecuting attorneys, the attorney general, and the real estate 3,439
commission pursuant to section 4767.08 of the Revised Code. 3,440
(E) Review, at least once each year, all actions taken by 3,442
the prosecuting attorneys, the attorney general, and the real 3,443
estate commission in response to referrals made to them by the 3,444
cemetery dispute resolution commission or by the superintendent 3,446
of the division of real estate in the department of commerce. 3,447
The commission shall include in the report required in division 3,448
(D) of this section information regarding the nature of the 3,449
inappropriate conduct alleged in each referral and the status or 3,450
78
disposition made of each referral occurring during the preceding 3,451
two years.
(F) Perform all functions as are necessary in 3,453
administering and enforcing sections 4767.05 to 4767.08 of the 3,454
Revised Code, INCLUDING THE RENDERING OF ALL ADVICE NECESSARY 3,455
UNDER DIVISIONS (B)(6) TO (12) OF SECTION 4767.02 OF THE REVISED 3,456
CODE;
(G) REVIEW ALL PROPOSED TRANSFERS THAT WOULD TRANSFER 3,459
SUBSTANTIALLY ALL OF THE ASSETS OR STOCK OF A CEMETERY, REQUIRE 3,461
AN AUDIT OF THE CEMETERY'S FUNDS ON DEPOSIT UNDER SECTIONS 3,462
1721.21 AND 1721.211 OF THE REVISED CODE, AND FORMULATE AN AGREED 3,463
PLAN PURSUANT TO WHICH THE BUYER AND THE SELLER OF THE CEMETERY 3,464
WILL CAUSE THOSE FUNDS TO BE PROPERLY FUNDED; 3,465
(H) ADOPT AND PUBLISH SUGGESTED MAINTENANCE GUIDELINES FOR 3,467
ALL CEMETERIES REGISTERED IN THE STATE OF OHIO UNDER CHAPTER 3,468
4767. OF THE REVISED CODE. 3,469
Sec. 4767.08. (A) The cemetery dispute resolution 3,478
commission, on its own motion or as a result of a complaint 3,479
received pursuant to section 4767.07 of the Revised Code and with 3,480
good cause shown, shall investigate or cause to be investigated 3,481
alleged violations of sections 1721.19, 1721.20, 1721.21, 3,482
1721.211, 4735.02, 4735.22, and 4765.03 of the Revised Code. If 3,483
the commission or the superintendent of the division of real 3,484
estate in the department of commerce believes that a violation 3,485
has occurred, the commission or superintendent shall request DO 3,486
ALL OF THE FOLLOWING: 3,487
(1) REVIEW THE FINANCIAL RECORDS OF THE CEMETERY TO ENSURE 3,489
COMPLIANCE WITH SECTIONS 1721.21 AND 1721.211 OF THE REVISED 3,490
CODE;
(2) REQUEST the prosecuting attorney of the county in 3,493
which the alleged violation occurred to initiate such proceedings 3,494
as are appropriate.
(B) If, as a result of an investigation, the commission or 3,496
the superintendent believes that a person has violated Chapter 3,497
79
1345. of the Revised Code, the commission or superintendent shall 3,498
report the findings to the attorney general. 3,499
(C) If, as a result of an investigation, the commission or 3,501
the superintendent believes that a limited real estate broker or 3,502
limited real estate salesman has violated Chapter 4735. of the 3,503
Revised Code, the commission or superintendent shall report the 3,505
findings to the real estate commission, which may initiate such
proceedings as are appropriate. 3,506
(D) The commission, at any time, may dismiss a complaint 3,508
if it determines there is not good cause shown for the complaint. 3,509
If the commission dismisses a complaint, it shall notify the 3,510
person who filed the complaint within twenty days of reaching its 3,511
decision and identify the reason why the complaint was dismissed. 3,512
(E)(D) When necessary for the division of real estate in 3,514
the department of commerce to perform the duties required by 3,515
sections 4767.07 and 4767.08 of the Revised Code, the 3,516
superintendent of the division, after consultation with at least 3,517
a majority of the members of the cemetery dispute resolution 3,518
commission, may issue subpoenas and compel the production of 3,519
books, papers, records, and other forms of evidence. 3,520
Sec. 4767.99. Whoever violates division (A) of section 3,529
4767.02 of the Revised Code is guilty of a misdemeanor of the 3,530
fourth THIRD degree.
Section 2. That existing sections 517.23, 517.24, 759.01, 3,532
1111.19, 1151.345, 1161.59, 1319.12, 1345.21, 1721.01, 1721.06, 3,533
1721.21, 1721.211, 1733.51, 2117.25, 2925.01, 4735.01, 4735.02, 3,534
4735.051, 4735.07, 4735.10, 4735.141, 4735.18, 4735.32, 4735.57, 3,535
4767.02, 4767.04, 4767.06, 4767.08, and 4767.99 and sections 3,537
2117.251 and 4735.091 of the Revised Code are hereby repealed.
Section 3. Not more than two years after the effective 3,539
date of this act the Cemetery Dispute Resolution Commission shall 3,540
provide a written report to the Governor, the Speaker of the 3,541
House of Representatives, and the President of the Senate on the 3,542
effectiveness of the Ohio cemetery law. The report shall include 3,543
80
recommendations for modification of the Ohio cemetery law in
light of consumer complaints and industry problems. 3,544
Section 4. Section 2925.01 of the Revised Code is 3,546
presented in this act as a composite of the section as amended by 3,547
both Sub. H.B. 606 and Sub. S.B. 200 of the 122nd General 3,549
Assembly, with the new language of neither of the acts shown in 3,550
capital letters. This is in recognition of the principle stated 3,551
in division (B) of section 1.52 of the Revised Code that such 3,552
amendments are to be harmonized where not substantively 3,553
irreconcilable and constitutes a legislative finding that such is 3,554
the resulting version in effect prior to the effective date of 3,555
this act.