As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                        Am. Sub. H. B. No. 524   5            

      1999-2000                                                    6            


 REPRESENTATIVES CORBIN-D. MILLER-METELSKY-CATES-HARRIS-AUSTRIA-   8            

TIBERI-TERWILLEGER-CAREY-KILBANE-DISTEL-ALLEN-LOGAN-PATTON-EVANS-  9            

 GOODMAN-KRUPINSKI-VERICH-BRITTON-DAMSCHRODER-PERRY-SYKES-KREBS-   10           

          OLMAN-METTLER-STEVENS-SALERNO-DePIERO-BARRETT            11           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 4735.01, 4735.02, 4735.03,          14           

                4735.05, 4735.051, 4735.06, 4735.07, 4735.08,      15           

                4735.09, 4735.10, 4735.11, 4735.12, 4735.13,       16           

                4735.14, 4735.141, 4735.15, 4735.16, 4735.18, and               

                4735.25 of the Revised Code to include limited     18           

                liability companies and limited liability                       

                partnerships in the definition of real estate      19           

                broker and to establish changes in the real        20           

                estate licensing law.                                           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That sections 4735.01, 4735.02, 4735.03,         24           

4735.05, 4735.051, 4735.06, 4735.07, 4735.08, 4735.09, 4735.10,    25           

4735.11, 4735.12, 4735.13, 4735.14, 4735.141, 4735.15, 4735.16,    26           

4735.18, and 4735.25 of the Revised Code be amended to read as     28           

follows:                                                                        

      Sec. 4735.01.  As used in this chapter:                      37           

      (A)  "Real estate broker" includes any person, partnership,  39           

association, LIMITED LIABILITY COMPANY, LIMITED LIABILITY          40           

PARTNERSHIP, or corporation, foreign or domestic, who for          41           

another, whether pursuant to a power of attorney or otherwise,     42           

and who for a fee, commission, or other valuable consideration,    43           

or with the intention, or in the expectation, or upon the promise  44           

of receiving or collecting a fee, commission, or other valuable    45           

                                                          2      


                                                                 
consideration DOES ANY OF THE FOLLOWING:                           46           

      (1)  Sells, exchanges, purchases, rents, or leases, or       48           

negotiates the sale, exchange, purchase, rental, or leasing of     49           

any real estate;                                                   50           

      (2)  Offers, attempts, or agrees to negotiate the sale,      52           

exchange, purchase, rental, or leasing of any real estate;         53           

      (3)  Lists, or offers, attempts, or agrees to list, or       55           

auctions, or offers, attempts, or agrees to auction, any real      56           

estate;                                                            57           

      (4)  Buys or offers to buy, sells or offers to sell, or      59           

otherwise deals in options on real estate;                         60           

      (5)  Operates, manages, or rents, or offers or attempts to   62           

operate, manage, or rent, other than as custodian, caretaker, or   63           

janitor, any building or portions of buildings to the public as    64           

tenants;                                                           65           

      (6)  Advertises or holds self out as engaged in the          67           

business of selling, exchanging, purchasing, renting, or leasing   68           

real estate;                                                       69           

      (7)  Directs or assists in the procuring of prospects or     71           

the negotiation of any transaction, other than mortgage            72           

financing, which does or is calculated to result in the sale,      73           

exchange, leasing, or renting of any real estate;                  74           

      (8)  Is employed by or on behalf of the owner of lots, or    76           

other parcels of real estate, at a stated salary, or upon a        77           

commission, or upon a salary and commission basis or otherwise,    78           

to sell such real estate, or any parts of it, in lots or other     79           

parcels, and who sells, exchanges, or offers, attempts, or agrees  80           

to negotiate the sale or exchange of any such lot or parcel of     81           

real estate;                                                       82           

      (9)  Is engaged in the business of charging an advance fee   84           

or contracting for collection of a fee in connection with any      85           

contract whereby the broker undertakes primarily to promote the    87           

sale, exchange, purchase, rental, or leasing of real estate        88           

through its listing in a publication issued primarily for such     89           

                                                          3      


                                                                 
purpose, or for referral of information concerning such real       90           

estate to brokers, or both, except that this division does not     91           

apply to a publisher of listings or compilations of sales of real  92           

estate by their owners;                                            93           

      (10)(9)  Collects rental information for purposes of         95           

referring prospective tenants to rental units or locations of      96           

such units and charges the prospective tenants a fee.              97           

      (B)  "Real estate" includes leaseholds as well as any and    99           

every interest or estate in land situated in this state, whether   100          

corporeal or incorporeal, whether freehold or nonfreehold, and     101          

the improvements on the land, but does not include cemetery        102          

interment rights.                                                  103          

      (C)  "Real estate salesperson" means any person associated   105          

with a licensed real estate broker to do or to deal in any acts    106          

or transactions set out or comprehended by the definition of a     107          

real estate broker, for compensation or otherwise.                 108          

      (D)  "Institution of higher education" means either of the   110          

following:                                                                      

      (1)  A nonprofit institution as defined in section 1713.01   112          

of the Revised Code that actually awards, rather than intends to   113          

award, degrees for fulfilling requirements of academic work        114          

beyond high school;                                                115          

      (2)  An institution operated for profit that otherwise       117          

qualifies under the definition of an institution in section        118          

1713.01 of the Revised Code and that actually awards, rather than  119          

intends to award, degrees for fulfilling requirements of academic  120          

work beyond high school.                                           121          

      (E)  "Foreign real estate" means real estate not situated    123          

in this state and any interest in real estate not situated in      124          

this state.                                                        125          

      (F)  "Foreign real estate dealer" includes any person,       127          

partnership, association, LIMITED LIABILITY COMPANY, LIMITED       128          

LIABILITY PARTNERSHIP, or corporation, foreign or domestic, who    130          

for another, whether pursuant to a power of attorney or                         

                                                          4      


                                                                 
otherwise, and who for a fee, commission, or other valuable        131          

consideration, or with the intention, or in the expectation, or    132          

upon the promise of receiving or collecting a fee, commission, or  133          

other valuable consideration, does or deals in any act or          134          

transaction specified or comprehended in division (A) of this      135          

section with respect to foreign real estate.                       136          

      (G)  "Foreign real estate salesperson" means any person      139          

associated with a licensed foreign real estate dealer to do or     140          

deal in any act or transaction specified or comprehended in        141          

division (A) of this section with respect to foreign real estate,  142          

for compensation or otherwise.                                     143          

      (H)  Any person, partnership, association, LIMITED           145          

LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, or corporation,  146          

who, for another, in consideration of compensation, by fee,        147          

commission, salary, or otherwise, or with the intention, in the    148          

expectation, or upon the promise of receiving or collecting a      149          

fee, does, or offers, attempts, or agrees to engage in, any        150          

single act or transaction contained in the definition of a real    151          

estate broker or foreign real estate dealer, whether an act is an  152          

incidental part of a transaction, or the entire transaction,       153          

shall be constituted a real estate broker or real estate           154          

salesperson or a foreign real estate dealer or foreign real        155          

estate salesperson under this chapter.                             156          

      (I)  The terms "real estate broker," "real estate            158          

salesperson," "foreign real estate dealer," and "foreign real      160          

estate salesperson" do not include a person, partnership,          161          

association, LIMITED LIABILITY COMPANY, LIMITED LIABILITY          162          

PARTNERSHIP, or corporation, or the regular employees thereof,     163          

who perform any of the acts or transactions specified or           165          

comprehended in division (A) of this section, whether or not for,  166          

or with the intention, in expectation, or upon the promise of      167          

receiving or collecting a fee, commission, or other valuable       168          

consideration:                                                                  

      (1)  With reference to real estate situated in this state    170          

                                                          5      


                                                                 
or any interest in it owned by such person, partnership,           171          

association, LIMITED LIABILITY COMPANY, LIMITED LIABILITY          172          

PARTNERSHIP, or corporation, or acquired on its own account in     173          

the regular course of, or as an incident to the management of the  174          

property and the investment in it;                                 175          

      (2)  As receiver or trustee in bankruptcy, as guardian,      177          

executor, administrator, trustee, assignee, commissioner, or any   178          

person doing the things mentioned in this section, under           179          

authority or appointment of, or incident to a proceeding in, any   180          

court, or as a public officer, or as executor, trustee, or other   181          

bona fide fiduciary under any trust agreement, deed of trust,      182          

will, or other instrument creating a like bona fide fiduciary      183          

obligation;                                                        184          

      (3)  As a public officer while performing the officer's      186          

official duties;                                                   187          

      (4)  As an attorney at law in the performance of the         189          

attorney's duties;                                                 190          

      (5)  AS A PERSON WHO ENGAGES IN THE BROKERING OF THE SALE    192          

OF BUSINESS ASSETS, NOT INCLUDING THE NEGOTIATION OF THE SALE,     193          

LEASE, EXCHANGE, OR ASSIGNMENT OF ANY INTEREST IN REAL ESTATE;     194          

      (6)  AS A PERSON WHO ENAGES IN THE SALE OF MANUFACTURED      196          

HOMES, AS DEFINED IN DIVISION (C)(4) OF SECTION 3781.06 OF THE     197          

REVISED CODE.                                                      198          

      (J)  "Physically handicapped licensee" means a person        199          

licensed pursuant to this chapter who is under a severe physical   200          

disability which is of such a nature as to prevent the person      201          

from being able to attend any classroom instruction lasting at     202          

least three hours in duration.                                     203          

      (K)  "Division of real estate" may be used interchangeably   206          

with, and for all purposes has the same meaning as, "division of   207          

real estate and professional licensing."                           208          

      (L)  "Superintendent" or "superintendent of real estate"     211          

means the superintendent of the division of real estate and        212          

professional licensing of this state.  Whenever the division or    213          

                                                          6      


                                                                 
superintendent of real estate is referred to or designated in any  214          

statute, rule, contract, or other document, the reference or       215          

designation shall be deemed to refer to the division or            216          

superintendent of real estate and professional licensing, as the   217          

case may be.                                                                    

      (M)  "INACTIVE LICENSE" MEANS THE LICENSE STATUS IN WHICH A  219          

SALESPERSON'S LICENSE IS IN THE POSSESSION OF THE DIVISION,        220          

ANNUALLY RENEWED AS REQUIRED UNDER THIS CHAPTER, AND NOT           221          

ASSOCIATED WITH A REAL ESTATE BROKER.                              222          

      (N)  "BROKER'S LICENSE ON DEPOSIT" MEANS THE LICENSE STATUS  224          

IN WHICH A BROKER'S LICENSE IS IN THE POSSESSION OF THE DIVISION   225          

OF REAL ESTATE AND PROFESSIONAL LICENSING AND ANNUALLY RENEWED AS  226          

REQUIRED UNDER THIS CHAPTER.                                       227          

      (O)  "SUSPENDED LICENSE" MEANS THE LICENSE STATUS THAT       229          

PROHIBITS A LICENSEE FROM PROVIDING SERVICES THAT REQUIRE A        230          

LICENSE UNDER THIS CHAPTER FOR A SPECIFIED INTERVAL OF TIME.       231          

      (P)  "REACTIVATE" MEANS THE PROCESS PRESCRIBED BY THE        233          

SUPERINTENDENT OF REAL ESTATE AND PROFESSIONAL LICENSING TO        234          

REMOVE A LICENSE FROM AN INACTIVE, SUSPENDED, OR BROKER'S LICENSE  235          

ON DEPOSIT STATUS TO ALLOW A LICENSEE TO PROVIDE SERVICES THAT     236          

REQUIRE A LICENSE UNDER THIS CHAPTER.                              237          

      (Q)  "REVOKED" MEANS THE LICENSE STATUS IN WHICH THE         239          

LICENSE IS VOID AND NOT ELIGIBLE FOR REACTIVATION.                 240          

      Sec. 4735.02.  No person, partnership, association, LIMITED  249          

LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, or corporation   251          

shall act as a real estate broker or real estate salesperson, or   252          

advertise or assume to act as such, without first being licensed   253          

as provided in this chapter.  NO PERSON, PARTNERSHIP,              254          

ASSOCIATION, LIMITED LIABILITY COMPANY, LIMITED LIABILITY          255          

PARTNERSHIP, OR CORPORATION SHALL PROVIDE SERVICES THAT REQUIRE A  256          

LICENSE UNDER THIS CHAPTER IF THE LICENSEE'S LICENSE IS INACTIVE,  257          

SUSPENDED, OR A BROKER'S LICENSE ON DEPOSIT, OR IF THE LICENSE     258          

HAS BEEN REVOKED.  Nothing contained in this chapter shall be      260          

construed as authorizing a real estate broker or salesperson to    261          

                                                          7      


                                                                 
perform any service constituting the practice of law.              262          

      No partnership, association, LIMITED LIABILITY COMPANY,      264          

LIMITED LIABILITY PARTNERSHIP, or corporation holding a real       265          

estate license shall employ as an officer, director, manager, or   266          

principal employee any person previously holding a license as a    267          

real estate broker, real estate salesperson, foreign real estate   269          

dealer, or foreign real estate salesperson, whose license has      270          

been terminated by failure to file a certificate of continuation,  271          

by revocation, or by suspension, PLACED IN INACTIVE STATUS,        272          

SUSPENDED, OR REVOKED and who has not thereafter been relicensed   274          

REACTIVATED THE LICENSE OR RECEIVED A NEW LICENSE.                              

      Sec. 4735.03.  There is hereby created the Ohio real estate  283          

commission, consisting of five members who shall be appointed by   284          

the governor, with the advice and consent of the senate.  Four     285          

members shall have been engaged in the real estate business as     286          

licensed real estate brokers in the state for a period of ten      287          

years immediately preceding the appointment.  One member shall     288          

represent the public.  Terms of office shall be for five years,    289          

commencing on the first day of July and ending on the thirtieth    290          

day of June.  Each member shall hold office from the date of his   291          

appointment until the end of the term for which appointed.  No     292          

more than three members shall be members of any one political      293          

party and no member of the commission concurrently may be a        294          

member of the commission and the real estate appraiser board       295          

created pursuant to section 4763.02 of the Revised Code.  Each     296          

member, before entering upon the duties of his office, shall       297          

subscribe to and file with the secretary of state the              298          

constitutional oath of office.  All vacancies which occur shall    299          

be filled in the manner prescribed for the regular appointments    300          

to the commission.  Any member appointed to fill a vacancy         301          

occurring prior to the expiration of the term for which his THE    302          

MEMBER'S predecessor was appointed shall hold office for the       303          

remainder of such term.  Any member shall continue in office       304          

subsequent to the expiration date of his THE MEMBER'S term until   305          

                                                          8      


                                                                 
his THE MEMBER'S successor takes office, or until a period of      307          

sixty days has elapsed, whichever occurs first.  Annually, upon    308          

the qualification of the member appointed in such year, the        309          

commission shall organize by selecting from its members a          310          

president AND VICE PRESIDENT, and shall do all things necessary                 

and proper to carry out and enforce this chapter.  A majority of   312          

the members of the commission shall constitute a quorum, but a     313          

lesser number may adjourn from time to time.  Each member of the   314          

commission shall receive an amount fixed pursuant to section       315          

124.14 of the Revised Code for each day employed in the discharge  316          

of his official duties, and his THE MEMBER'S actual and necessary  317          

expenses incurred in the discharge of such THOSE duties.           318          

      The commission or the superintendent of real estate may      320          

investigate complaints concerning the violation of section         321          

4735.02 or 4735.25 of the Revised Code and may subpoena witnesses  322          

in connection with such investigations as provided in section      323          

4735.04 of the Revised Code.  The commission or the                324          

superintendent may make application to the appropriate court for   325          

an order enjoining the violation of section 4735.02 or 4735.25 of  326          

the Revised Code, and upon a showing by the commission or the      327          

superintendent that any person, firm, partnership, association,    328          

LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, or       330          

corporation has violated or is about to violate section 4735.02    331          

or 4735.25 of the Revised Code, an injunction, restraining order,  332          

or such other order as may be appropriate shall be granted by      333          

such court.                                                                     

      The commission shall:                                        335          

      (A)  Adopt canons of ethics for the real estate industry;    337          

      (B)  Upon appeal by any party affected, or may upon its own  339          

motion, review any order OR APPLICATION DETERMINATION of the       340          

superintendent, and may reverse, vacate, or modify any order of    342          

the superintendent;                                                             

      (C)  Administer the real estate education and research fund  344          

and hear appeals from orders of the superintendent regarding       345          

                                                          9      


                                                                 
claims against that fund or against the real estate recovery       346          

fund;                                                              347          

      (D)  Direct the superintendent on the content, scheduling,   349          

instruction, and offerings of real estate courses for salesman     350          

SALESPERSON and broker educational requirements;                   351          

      (E)  Disseminate to licensees and the public, information    353          

relative to commission activities and decisions;                   354          

      (F)  Notify licensees of changes in state and federal civil  356          

rights laws pertaining to discrimination in the purchase or sale   357          

of real estate and relevant case law, and inform licensees that    358          

they are subject to disciplinary action if they do not comply      359          

with the changes;                                                  360          

      (G)  Publish and furnish to public libraries and to brokers  362          

booklets on housing and remedies available to dissatisfied         363          

clients under this chapter and Chapter 4112. of the Revised Code.  364          

      Sec. 4735.05.  (A)  The Ohio real estate commission is a     373          

part of the department of commerce for administrative purposes.    374          

The director of commerce is ex officio the executive officer of    375          

the commission, or the director may designate any employee of the  376          

department as superintendent of real estate and professional       377          

licensing to act as executive officer of the commission.           378          

      The commission and the real estate appraiser board created   380          

pursuant to section 4763.02 of the Revised Code shall each submit  381          

to the director a list of three persons whom the commission and    382          

the board consider qualified to be superintendent within sixty     383          

days after the office of superintendent becomes vacant.  The       384          

director shall appoint a superintendent from the lists submitted   385          

by the commission and the board, and the superintendent shall      386          

serve at the pleasure of the director.                             387          

      (B)  The superintendent, except as otherwise provided,       389          

shall do all of the following in regard to this chapter:           390          

      (1)  Administer this chapter;                                392          

      (2)  Issue all orders necessary to implement this chapter;   394          

      (3)  Investigate complaints concerning the violation of      396          

                                                          10     


                                                                 
this chapter or the conduct of any licensee;                       397          

      (4)  Establish and maintain an investigation and audit       399          

section to investigate complaints and conduct inspections,         400          

audits, and other inquiries as in the judgment of the              401          

superintendent are appropriate to enforce this chapter.  The       402          

investigators or auditors have the right to review and audit the   403          

business records of licensees AND CONTINUING EDUCATION COURSE      404          

PROVIDERS during normal business hours.                            405          

      (5)  Appoint a hearing examiner for any proceeding           407          

involving license suspension or revocation DISCIPLINARY ACTION     408          

under section 2301.373 of the Revised Code or proceedings brought  410          

under section 4735.18 of the Revised Code;                         411          

      (6)  Administer the real estate recovery fund.               413          

      (C)  The superintendent may do all of the following:         415          

      (1)  In connection with investigations and audits under      417          

division (B) of this section, subpoena witnesses as provided in    418          

section 4735.04 of the Revised Code;                               419          

      (2)  Apply to the appropriate court to enjoin any violation  421          

of this chapter.  Upon a showing by the superintendent that any    422          

person has violated or is about to violate any provision of this   423          

chapter, the court shall grant an injunction, restraining order,   424          

or other appropriate order.                                        425          

      (3)  Upon the death of a licensed broker or the revocation   427          

or suspension of the broker's license, if there is no other        428          

licensed broker within the business entity of the broker, appoint  429          

upon application by any interested party, or, in the case of a     430          

deceased broker, subject to the approval by the appropriate        431          

probate court, recommend the appointment of, an ancillary trustee  432          

who is qualified as determined by the superintendent to conclude   433          

the business transactions of the deceased, revoked, or suspended   434          

broker.                                                            435          

      (D)  All information that is obtained by investigators and   437          

auditors performing investigations or conducting inspections,      438          

audits, and other inquiries pursuant to division (B)(4) of this    439          

                                                          11     


                                                                 
section, from licensees, complainants, or other persons, and all   440          

reports, documents, and other work products that arise from that   441          

information and that are prepared by the investigators, auditors,  442          

or other personnel of the department, shall be held in confidence  443          

by the superintendent, the investigators and auditors, and other   444          

personnel of the department.                                       445          

      Sec. 4735.051.  (A)  Within five business days after a       454          

person files a signed written complaint against a licensed real    455          

estate broker or licensed real estate salesperson with the         457          

division of real estate, the superintendent of real estate shall   458          

acknowledge receipt of the complaint and send a notice to the      459          

licensee describing the acts complained of.  The acknowledgment    460          

to the complainant and the notice to the licensee shall state      461          

that an informal meeting will be held with the complainant, the    462          

licensee, and an investigator from the investigation and audit     463          

section of the division if the complainant and licensee both file  464          

a request for such a meeting within ten business days thereafter   465          

on a form provided by the superintendent.                          466          

      (B)  If the complainant and licensee both file with the      468          

division requests for an informal meeting, the superintendent      469          

shall notify the complainant and licensee of the date of the       470          

meeting, which shall be within twenty business days thereafter,    471          

except that any party may request an extension of up to fifteen    472          

business days for good cause shown.  If the parties COMPLAINANT    473          

AND LICENSEE reach an accommodation at an informal meeting, the    475          

investigator shall so report to the superintendent and, the        476          

parties COMPLAINANT, AND LICENSEE and the complaint file shall be  478          

closed, unless, based upon the investigator's report, the          479          

superintendent finds evidence that the licensee has violated       480          

section 4735.18 of the Revised Code.                                            

      (C)  If the parties COMPLAINANT AND LICENSEE fail to agree   482          

to an informal meeting or fail to reach an accommodation, or if    484          

the superintendent finds evidence of a violation of section        485          

4735.18 of the Revised Code, the superintendent shall, within      486          

                                                          12     


                                                                 
five business days of such determination, so notify the parties    488          

COMPLAINANT AND LICENSEE and shall investigate the conduct of the  490          

licensee against whom the complaint is filed.                                   

      (D)  Within sixty business days after receipt of the         492          

complaint, or, if an informal meeting is held, within sixty days   493          

of such meeting, the investigator shall file a written report of   494          

the results of the investigator's investigation with the           495          

superintendent.  Within ten FOURTEEN business days thereafter,     497          

the superintendent shall review the report and determine whether   499          

there exists reasonable and substantial evidence of a violation    500          

of section 4735.18 of the Revised Code by the licensee.  If the    501          

superintendent finds such evidence exists, within five SEVEN       502          

business days of the determination, the superintendent shall       504          

notify the parties COMPLAINANT AND LICENSEE of the date of a       506          

hearing to be held by a hearing examiner pursuant to Chapter 119.  507          

of the Revised Code within fifteen days but not prior to seven     508          

days thereafter, except that any party EITHER THE SUPERINTENDENT   509          

OR THE LICENSEE may request an extension of up to thirty business  511          

days for good cause shown.  If the superintendent finds that such  512          

evidence does not exist, within five business days thereafter,     513          

the superintendent shall so notify the parties COMPLAINANT AND     514          

LICENSEE of the superintendent's determination and the basis for   515          

the determination.  Within fifteen business days after the         516          

superintendent notifies the parties COMPLAINANT AND LICENSEE that  518          

such evidence does not exist, the complainant may file with the    519          

division a request that the commissioners review the               520          

determination.  If the complainant files such request, the         521          

commissioners shall review the determination at the next           522          

regularly scheduled meeting held at least fifteen business days    523          

after the request is filed.  The commission shall hear the         524          

testimony of either party THE COMPLAINANT OR THE LICENSEE at such  525          

THE meeting upon the request of the party COMPLAINANT OR           526          

LICENSEE.  If the commissioners affirm the determination of the    528          

superintendent, the superintendent shall so notify the             529          

                                                          13     


                                                                 
complainant and the licensee within five business days             530          

thereafter.  If the commissioners reverse the determination of     531          

the superintendent, a hearing shall be held and the parties        532          

COMPLAINANT AND LICENSEE notified as provided in this division.    533          

      (E)  Within twenty-five business days after the conclusion   535          

of formal hearings, the hearing examiner shall file a report of    536          

findings of fact and conclusions of law with the superintendent,   537          

the commission, and the parties COMPLAINANT AND LICENSEE.          538          

      (F)  The commissioners shall review the hearing examiner's   540          

report and the parties' evidence at the next regularly scheduled   541          

commission meeting held at least fifteen business days after       542          

receipt of the hearing examiner's report.  The commission shall    543          

hear the testimony of any party THE COMPLAINANT OR THE LICENSEE    544          

upon request.  If the complainant is the Ohio civil rights         546          

commission, the complaint shall be reviewed by the commissioners   547          

directly upon request.                                                          

      (G)  The commission shall decide whether to impose           549          

disciplinary sanctions upon a licensee for a violation of section  550          

4735.18 of the Revised Code.  The commission shall decide within   551          

sixty days of the filing of the hearing examiner's report or       552          

within sixty days of the filing of an Ohio civil rights            553          

commission complaint.  The commission shall maintain a transcript  554          

of the proceedings and issue a written opinion to all the parties  555          

COMPLAINANT AND LICENSEE, citing its findings and grounds for any  557          

action taken.  The commission shall notify the complainant and     558          

any other party PERSON who may have suffered financial loss        559          

because of the licensee's violations, that the complainant or      560          

other party PERSON may sue for recovery under section 4735.12 of   561          

the Revised Code.                                                               

      (H)  An investigation under this section is subject to       563          

section 4735.32 of the Revised Code.                               564          

      (I)  The commission may impose the following sanctions upon  566          

a licensee for a violation of section 4735.18 of the Revised       567          

Code:                                                              568          

                                                          14     


                                                                 
      (1)  Revoke a license issued under Chapter 4735. of the      570          

Revised Code;                                                      571          

      (2)  Suspend a license for a term set by the commission;     573          

      (3)  Impose a fine, not exceeding two thousand five hundred  575          

dollars per violation;                                             576          

      (4)  Issue a public reprimand;                               578          

      (5)  Require the completion of additional continuing         580          

education course work.  Any continuing education course work       581          

imposed pursuant to this section shall not count toward the        582          

continuing education requirements set forth in section 4735.14 of  583          

the Revised Code.                                                               

      All fines imposed pursuant to division (I)(3) of this        585          

section shall be credited to the real estate operating RECOVERY    586          

fund, which is created in the state treasury under section         588          

4735.211 4735.12 of the Revised Code.                              589          

      Sec. 4735.06.  (A)  Application for a license as a real      598          

estate broker shall be made in writing to the superintendent of    599          

real estate on forms furnished by the superintendent and filed     601          

with the superintendent and shall be signed by the applicant or    603          

its members or officers.  Each application shall state the name    604          

of the person applying and the location of the place of business   605          

for which the license is desired, and give such other information  606          

as the superintendent requires in the form of application          607          

prescribed by the superintendent.                                  608          

      The application shall be accompanied by a recent photograph  610          

of the applicant and the names of three resident freeholders of    611          

the county in which the applicant resides or has the applicant's   613          

place of business.  If the applicant has resided, or has engaged   614          

in the real estate business, for less than one year in the county  615          

from which the application is made, the application shall be       616          

accompanied by a recent photograph of the applicant and the names  617          

of three resident freeholders of each of the counties where the    618          

applicant formerly resided or engaged in the real estate business  619          

during the period of one year prior to the filing of the           620          

                                                          15     


                                                                 
application.  No one of the freeholders shall be related to the    621          

applicant, and one of them shall be the applicant's most recent    622          

broker.  If the applicant's most recent broker is a relative of    623          

the applicant or is not a freeholder, the name of a third          624          

freeholder shall be furnished.  The freeholders shall furnish      625          

information to the superintendent, on forms prescribed by the      626          

superintendent, concerning the character of the applicant.  If     627          

the applicant maintains more than one place of business within     628          

the state, the applicant shall apply for and procure a duplicate   629          

license for each branch office so maintained by the applicant.     630          

Each branch office shall be in the charge of a licensed broker or  632          

salesperson.                                                                    

      If the applicant is a partnership, LIMITED LIABILITY         634          

COMPANY, LIMITED LIABILITY PARTNERSHIP, or association, the names  636          

of all the members also shall be stated, and, if the applicant is  637          

a corporation, the names of its president and of each of its       638          

officers also shall be stated.  The superintendent has the right   639          

to reject the application of any partnership, association,         640          

LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, or       642          

corporation if the name proposed to be used by such partnership,   643          

association, LIMITED LIABILITY COMPANY, LIMITED LIABILITY          645          

PARTNERSHIP, or corporation is likely to mislead the public or if  646          

the name is not such as to distinguish it from the name of any     647          

existing partnership, association, LIMITED LIABILITY COMPANY,      649          

LIMITED LIABILITY PARTNERSHIP, or corporation licensed under this  651          

chapter, unless there is filed with the application the written    653          

consent of such existing partnership, association, LIMITED         654          

LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, or corporation,  656          

executed by a duly authorized representative of it, permitting     657          

the use of the name of such existing partnership, association,     658          

LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, or       660          

corporation.                                                                    

      (B)  A fee of sixty-nine dollars shall accompany the         663          

application for a real estate broker's license, which fee shall    664          

                                                          16     


                                                                 
include the license if it is issued.  The application fee shall    665          

be retained by the superintendent if the applicant is admitted to  666          

the examination for the license or the examination requirement is  667          

waived, but, if an applicant is not so admitted and a waiver is    668          

not involved, one-half of the fee shall be retained by the         669          

superintendent to cover the expenses of processing the             670          

application and the other one-half shall be returned to the        671          

applicant.  A fee of sixty-nine dollars shall be charged by the    673          

superintendent for each successive application made by an          674          

applicant.                                                         675          

      (C)  Four dollars of each fee for a real estate broker's     678          

license shall be credited to the real estate education and         679          

research fund, which is hereby created in the state treasury.      680          

The Ohio real estate commission may use the fund in discharging    681          

the duties prescribed in divisions (E), (F), and (G) of section    682          

4735.03 of the Revised Code and shall use it in the advancement    683          

of education and research in real estate at any institution of     684          

higher education in the state, or in contracting with any such     685          

institution for a particular research or educational project in    686          

the field of real estate, or in advancing loans, not exceeding     687          

eight hundred dollars, to applicants for salesperson licenses, to  689          

defray the costs of satisfying the educational requirements of                  

division (F) of section 4735.09 of the Revised Code.  Such loans   690          

shall be made according to rules established by the commission     691          

under the procedures of Chapter 119. of the Revised Code, and      692          

they shall be repaid to the fund within three years of the time    693          

they are made.  No more than ten thousand dollars shall be lent    694          

from the fund in any one year.                                     695          

      The governor may appoint a representative from the           697          

executive branch to be a member ex officio of the commission for   698          

the purpose of advising on research requests or educational        699          

projects.  The commission shall report to the general assembly on  700          

the third Tuesday after the third Monday in January of each year   701          

setting forth the total amount contained in the fund and the       702          

                                                          17     


                                                                 
amount of each research grant that it has authorized and the       703          

amount of each research grant requested.  A copy of all research   704          

reports shall be submitted to the state library of Ohio and the    705          

library of the legislative service commission.                     706          

      (D)  If the superintendent, with the consent of the          708          

commission, enters into an agreement with a national testing       709          

service to administer the real estate broker's examination,        710          

pursuant to division (A) of section 4735.07 of the Revised Code,   711          

the superintendent may require an applicant to pay the testing     712          

service's examination fee directly to the testing service.  If     714          

the superintendent requires the payment of the examination fee     715          

directly to the testing service, each applicant shall submit to    716          

the superintendent a processing fee in an amount determined by     717          

the Ohio real estate commission pursuant to division (A)(1)(2) of  718          

section 4735.10 of the Revised Code.                               720          

      Sec. 4735.07.  (A)  The superintendent of real estate, with  729          

the consent of the Ohio real estate commission, may enter into     730          

agreements with recognized national testing services to            731          

administer the real estate broker's examination under the          732          

superintendent's supervision and control, consistent with the      733          

requirements of this chapter as to the contents of such            734          

examination.                                                                    

      (B)  No applicant for a real estate broker's license shall   737          

take the broker's examination who has not established to the       738          

satisfaction of the superintendent that the person the applicant:  739          

      (1)  Is honest, truthful, and of good reputation;            741          

      (2)(a)  Has not been convicted of a felony or crime of       743          

moral turpitude, or if the person the applicant has been so        744          

convicted, the superintendent has disregarded the conviction       745          

because the applicant has proven to the superintendent, by a       746          

preponderance of the evidence, that the applicant's activities     747          

and employment record since the conviction show that the           749          

applicant is honest, truthful, and of good reputation, and there   750          

is no basis in fact for believing that the applicant again will    751          

                                                          18     


                                                                 
violate the laws involved;                                                      

      (b)  Has not been finally adjudged by a court to have        753          

violated any municipal, state, or federal civil rights laws        754          

relevant to the protection of purchasers or sellers of real        755          

estate or, if the person the applicant has been so adjudged, at    756          

least two years have passed since the court decision and the       758          

superintendent has disregarded the adjudication because the        759          

applicant has proven, by a preponderance of the evidence, that     760          

the applicant's activities and employment record since the         761          

adjudication show that the applicant is honest, truthful, and of   762          

good reputation, and there is no basis in fact for believing that  763          

the applicant will again violate the laws involved.                764          

      (3)  Has not, during any period in which the person the      766          

applicant was licensed under this chapter, violated any provision  767          

of, or any rule adopted pursuant to, this chapter, or, if the      768          

person the applicant has violated any such provision or rule, has  769          

established to the satisfaction of the superintendent that the     770          

person the applicant will not again violate such provision or      771          

rule;                                                                           

      (4)  Is at least eighteen years of age;                      773          

      (5)  Has been a licensed real estate broker or salesperson   776          

for at least two years; during at least two of the five years      777          

preceding the person's application, has worked as a licensed real               

estate broker or salesperson for an average of at least thirty     778          

hours per week; and has completed one of the following:            779          

      (a)  At least twenty real estate transactions, in which      781          

property was sold for another by the applicant while acting in     782          

the capacity of a real estate broker or salesperson;               784          

      (b)  Such equivalent experience as is defined by rules       786          

adopted by the commission.                                         787          

      (6)(a)  If licensed as a real estate salesperson prior to    790          

January AUGUST 1, 1990 2001, successfully has completed at an      791          

institution of higher education all of the following:              793          

      (i)  Thirty hours of classroom instruction in real estate    795          

                                                          19     


                                                                 
practice;                                                          796          

      (ii)  Thirty hours of classroom instruction that includes    798          

the subjects of Ohio real estate law, municipal, state, and        799          

federal civil rights law, new case law on housing discrimination,  800          

desegregation issues, and methods of eliminating the effects of    801          

prior discrimination.  If feasible, the classroom instruction in   802          

Ohio real estate law shall be taught by a member of the faculty    803          

of an accredited law school.  If feasible, the classroom           804          

instruction in municipal, state, and federal civil rights law,     805          

new case law on housing discrimination, desegregation issues, and  806          

methods of eliminating the effects of prior discrimination shall   807          

be taught by a staff member of the Ohio civil rights commission    808          

who is knowledgeable with respect to those subjects.  The          809          

requirements of this division do not apply to an applicant who is  810          

admitted to practice before the supreme court.                     811          

      (iii)  Thirty hours of classroom instruction in real estate  813          

appraisal;                                                         814          

      (iv)  Thirty hours of classroom instruction in real estate   816          

finance;                                                           817          

      (v)  Three quarter hours, or its equivalent in semester      819          

hours, in financial management;                                    820          

      (vi)  Three quarter hours, or its equivalent in semester     822          

hours, in human resource or personnel management;                  823          

      (vii)  Three quarter hours, or its equivalent in semester    825          

hours, in applied business economics;                              826          

      (viii)  Three quarter hours, or its equivalent in semester   828          

hours, in business law.                                            829          

      (b)  IF LICENSED AS A REAL ESTATE SALESPERSON ON OR AFTER    831          

AUGUST 1, 2001, SUCCESSFULLY HAS COMPLETED AT AN INSTITUTION OF    832          

HIGHER EDUCATION ALL OF THE FOLLOWING:                             833          

      (i)  FORTY HOURS OF CLASSROOM INSTRUCTION IN REAL ESTATE     835          

PRACTICE;                                                          836          

      (ii)  FORTY HOURS OF CLASSROOM INSTRUCTION THAT INCLUDES     838          

THE SUBJECTS OF OHIO REAL ESTATE LAW, MUNICIPAL, STATE, AND        839          

                                                          20     


                                                                 
FEDERAL CIVIL RIGHTS LAW, NEW CASE LAW ON HOUSING DISCRIMINATION,  840          

DESEGREGATION ISSUES, AND METHODS OF ELIMINATING THE EFFECTS OF    842          

PRIOR DISCRIMINATION.  IF FEASIBLE, THE CLASSROOM INSTRUCTION IN   843          

OHIO REAL ESTATE LAW SHALL BE TAUGHT BY A MEMBER OF THE FACULTY    844          

OF AN ACCREDITED LAW SCHOOL.  IF FEASIBLE, THE CLASSROOM           845          

INSTRUCTION IN MUNICIPAL, STATE, AND FEDERAL CIVIL RIGHTS LAW,     846          

NEW CASE LAW ON HOUSING DISCRIMINATION, DESEGREGATION ISSUES, AND  847          

METHODS OF ELIMINATING THE EFFECTS OF PRIOR DISCRIMINATION SHALL   848          

BE TAUGHT BY A STAFF MEMBER OF THE OHIO CIVIL RIGHTS COMMISSION    849          

WHO IS KNOWLEDGEABLE WITH RESPECT TO THOSE SUBJECTS.  THE          850          

REQUIREMENTS OF THIS DIVISION DO NOT APPLY TO AN APPLICANT WHO IS  852          

ADMITTED TO PRACTICE BEFORE THE SUPREME COURT.                                  

      (iii)  TWENTY HOURS OF CLASSROOM INSTRUCTION IN REAL ESTATE  854          

APPRAISAL;                                                         855          

      (iv)  TWENTY HOURS OF CLASSROOM INSTRUCTION IN REAL ESTATE   857          

FINANCE;                                                           858          

      (v)  THE TRAINING IN THE AMOUNT OF HOURS SPECIFIED UNDER     860          

DIVISIONS (B)(6)(a)(v), (vi), (vii), AND (viii) OF THIS SECTION.   863          

      (c)  Division (B)(6)(a) OR (b) of this section does not      866          

apply to any applicant who holds a valid real estate               867          

salesperson's license issued prior to January 2, 1972              868          

salesperson's.  Divisions (B)(6)(a)(v), (vi), (vii), and (viii)    869          

OR DIVISION (B)(6)(b)(v) of this section do not apply to any       871          

applicant who holds a valid real estate salesperson's license      872          

issued prior to January 3, 1984.                                                

      (7)  If licensed as a real estate salesperson on or after    875          

January 3, 1984, satisfactorily has completed a minimum of two                  

years of post-secondary education, or its equivalent in semester   876          

or quarter hours, at an institution of higher education, and has   877          

fulfilled the requirements of division (B)(6)(a) OR (b) of this    879          

section.  The requirements of division (B)(6)(a) OR (b) of this    880          

section may be included in the two years of post-secondary         882          

education, or its equivalent in semester or quarter hours, that    883          

is required by this division.                                      884          

                                                          21     


                                                                 
      (C)  Each applicant for a broker's license shall be          886          

examined in the principles of real estate practice, Ohio real      887          

estate law, and financing and appraisal, and as to the duties of   888          

real estate brokers and real estate salespersons, the applicant's  890          

knowledge of real estate transactions and instruments relating to               

them, and the canons of business ethics pertaining to them.  The   891          

commission from time to time shall promulgate such canons and      892          

cause them to be published in printed form.                        893          

      salesperson's                                                895          

      (D)  Examinations shall be given entirely in writing,        897          

except that they shall be administered with reasonable             898          

accommodations in accordance with the requirements of the          900          

"Americans with Disabilities Act of 1990," 104 Stat. 327, 42       901          

U.S.C. 12101.  The contents of an examination shall be consistent  903          

with the requirements of division (B)(6)(a) of this section and    904          

with the other specific requirements of this section.  An          905          

applicant who has completed the requirements of division           906          

(B)(6)(a) of this section at the time of application may SHALL be  907          

examined at the next regularly scheduled examination NO LATER      908          

THAN TWELVE MONTHS after the applicant is notified of admission    910          

to the examination.                                                             

      (E)  The superintendent may waive ONE OR MORE OF the         912          

requirement REQUIREMENTS of examination THIS SECTION in the case   913          

of an application from a nonresident real estate broker of a       915          

state having similar requirements and under the laws of which      916          

similar recognition is extended to licensed real estate brokers    917          

and real estate salespersons of this PURSUANT TO A RECIPROCITY     918          

AGREEMENT WITH THE LICENSING AUTHORITY OF THE state FROM WHICH     919          

THE NONRESIDENT APPLICANT HOLDS A VALID REAL ESTATE BROKER         920          

LICENSE.                                                                        

      (F)  There shall be no limit placed on the number of times   922          

an applicant may retake the examination.                           923          

      (G)  The superintendent in the superintendent's discretion   925          

may waive the requirement of examination if the applicant has      927          

                                                          22     


                                                                 
been licensed as a real estate broker by the superintendent or     928          

commission at some time during the two-year period immediately     929          

preceding the date of the current application.                     930          

      (H)(1)  Each NO LATER THAN TWELVE MONTHS AFTER THE DATE OF   932          

ISSUE OF A REAL ESTATE BROKER'S LICENSE TO A licensee              933          

successfully, THE LICENSEE shall complete, SUBMIT PROOF            936          

SATISFACTORY TO THE SUPERINTENDENT, ON FORMS MADE AVAILABLE BY     937          

THE SUPERINTENDENT, OF THE COMPLETION OF TEN HOURS OF CLASSROOM    938          

INSTRUCTION IN REAL ESTATE BROKERAGE at an institution of higher   941          

education or any other institution that is approved by the         942          

commission, ten hours of classroom instruction in real estate                   

brokerage.  That instruction shall include, but not be limited     943          

to, current issues in managing a real estate company or office.    944          

Upon completion of the instruction, the licensee shall cause to    945          

be filed with the superintendent a certificate from the            946          

institution showing that the licensee successfully has completed   948          

the requirements of this division in accordance with the                        

appropriate time period, as follows:                               949          

      (a)  Persons licensed on or after January 1, 1990, but       951          

before January 1, 2001, shall submit proof of successful           953          

completion of instruction to the superintendent within twelve      954          

months after the date of issuance of the salesperson's license;    955          

      (b)  Persons licensed on or after January 1, 2001, shall     957          

submit proof of successful completion of instruction to the        958          

superintendent on or before the date the licensee's first          959          

continuing education requirement, after licensure as a             960          

salesperson, must be met under section 4735.141 of the Revised                  

Code.                                                                           

      If the instruction REQUIRED PROOF OF COMPLETION is not       962          

successfully completed SUBMITTED TO THE SUPERINTENDENT within the  964          

time period prescribed by this division TWELVE MONTHS OF THE DATE  965          

A LICENSE IS ISSUED UNDER THIS SECTION, the license of the real    966          

estate broker is suspended automatically without the taking of     967          

any action by the commission.  The broker then shall have one      968          

                                                          23     


                                                                 
year after the date of the suspension of the broker's license to   970          

successfully complete the instruction required under this          971          

division, and the broker's license shall not be reinstated         972          

REACTIVATED by the superintendent until it is established, to the  974          

satisfaction of the superintendent, that the requirements of this  975          

division have been met AND THAT THE LICENSEE IS IN COMPLIANCE                   

WITH THIS CHAPTER.  A LICENSEE'S LICENSE IS REVOKED AUTOMATICALLY  976          

WITHOUT THE TAKING OF ANY ACTION BY THE SUPERINTENDENT IF THE      977          

LICENSEE FAILS TO SUBMIT PROOF OF COMPLETION OF THE EDUCATION      978          

REQUIREMENTS SPECIFIED UNDER DIVISION (G)(1) OF THIS SECTION       979          

WITHIN TWELVE MONTHS OF THE DATE THE LICENSE IS SUSPENDED.         980          

      (2)  If the license of a real estate broker is suspended     982          

pursuant to division (H)(G)(1) of this section, the license of a   984          

real estate salesperson associated with that broker                985          

correspondingly is suspended pursuant to division (B) of section   986          

4735.20 of the Revised Code.  However, the suspended license of    987          

the associated real estate salesperson shall be reactivated and    988          

no fee shall be charged or collected for that reactivation if all  989          

of the following occur:                                            990          

      (a)  That broker subsequently submits satisfactory proof to  992          

the superintendent that the broker has complied with the           993          

requirements of division (H)(G)(1) of this section and requests    995          

that the broker's license as a real estate broker be reactivated;  997          

      (b)  The superintendent then reactivates the broker's        1,000        

license as a real estate broker;                                                

      (c)  The associated real estate salesperson intends to       1,002        

continue to be associated with that broker and otherwise is in     1,003        

compliance with this chapter.                                      1,004        

      Sec. 4735.08.  The superintendent of real estate shall       1,013        

issue a real estate broker's license when he THE SUPERINTENDENT    1,014        

is satisfied that:                                                 1,015        

      (A)  An applicant who is not a partnership, association,     1,017        

LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, or       1,018        

corporation satisfies one of the following:                        1,019        

                                                          24     


                                                                 
      (1)  Has received a grade of seventy-five per cent or        1,021        

better PASSING SCORE on EACH PORTION OF the real estate broker's   1,023        

examination administered under the supervision of the              1,024        

superintendent AS DETERMINED BY RULE BY THE REAL ESTATE            1,025        

COMMISSION;                                                                     

      (2)  Is qualified to be licensed without examination as a    1,027        

nonresident real estate broker, under division (E) of section      1,028        

4735.07 of the Revised Code;                                       1,029        

      (3)  Is qualified, as determined in the discretion of the    1,031        

superintendent, to be licensed without examination as one who was  1,032        

licensed as a real estate broker at some time during the two-year  1,033        

period immediately preceding the date of the current application,  1,034        

under division (G) of section 4735.07 of the Revised Code.         1,035        

      (B)  All the members or officers who are authorized to       1,037        

perform the functions of a real estate broker as the agents of an  1,038        

applicant that is a partnership, association, LIMITED LIABILITY    1,039        

COMPANY, LIMITED LIABILITY PARTNERSHIP, or corporation, are        1,040        

licensed themselves as real estate brokers under this chapter.     1,041        

      Sec. 4735.09.  (A)  Application for a license as a real      1,050        

estate salesperson shall be made in writing to the superintendent  1,052        

of real estate on forms furnished by the superintendent and        1,053        

signed by the applicant.  The application shall be in the form     1,056        

prescribed by the superintendent and shall contain such                         

information as is required by this chapter and the rules of the    1,057        

Ohio real estate commission.  The application shall be             1,058        

accompanied by a recent photograph of the applicant and the        1,059        

recommendation of the real estate broker with whom the applicant   1,061        

is associated or with whom the applicant intends to be             1,062        

associated, certifying that the applicant is honest, truthful,     1,063        

and of good reputation, has not been convicted of a felony or a    1,064        

crime involving moral turpitude, and has not been finally          1,065        

adjudged by a court to have violated any municipal, state, or      1,066        

federal civil rights laws relevant to the protection of            1,067        

purchasers or sellers of real estate, which conviction or          1,068        

                                                          25     


                                                                 
adjudication the applicant has not disclosed to the                1,069        

superintendent, and recommending that the applicant be admitted    1,070        

to the REAL ESTATE SALESPERSON examination for real estate         1,071        

salesman.                                                          1,072        

      (B)  A fee of forty-nine dollars shall accompany the         1,075        

application, which fee shall include the license if it is issued.  1,076        

The application fee shall be retained by the superintendent if     1,077        

the applicant is admitted to the examination for the license or    1,078        

the examination requirement is waived, but, if an applicant is     1,079        

not so admitted and a waiver is not involved, one-half of the fee  1,080        

shall be retained by the superintendent to cover the expenses of   1,081        

processing the application and the other one-half shall be         1,082        

returned to the applicant.  A fee of forty-nine dollars shall be   1,084        

charged by the superintendent for each successive application      1,085        

made by the applicant.  Four dollars of each fee shall be          1,087        

credited to the real estate education and research fund.           1,088        

      (C)  There shall be no limit placed on the number of times   1,090        

an applicant may retake the examination.                           1,091        

      (D)  The superintendent, with the consent of the             1,093        

commission, may enter into an agreement with a recognized          1,094        

national testing service to administer the real estate             1,095        

salesperson's examination under the superintendent's supervision   1,097        

and control, consistent with the requirements of this chapter as   1,098        

to the contents of the examination.                                1,099        

      If the superintendent, with the consent of the commission,   1,101        

enters into an agreement with a national testing service to        1,102        

administer the real estate salesperson's examination, the          1,104        

superintendent may require an applicant to pay the testing                      

service's examination fee directly to the testing service.  If     1,106        

the superintendent requires the payment of the examination fee     1,107        

directly to the testing service, each applicant shall submit to    1,109        

the superintendent a processing fee in an amount determined by                  

the Ohio real estate commission pursuant to division (A)(1) of     1,110        

section 4735.10 of the Revised Code.                               1,111        

                                                          26     


                                                                 
      (E)  The superintendent shall issue a real estate            1,113        

salesperson's license when satisfied that the applicant has        1,115        

received a grade of seventy-five per cent or better PASSING SCORE  1,116        

on EACH PORTION OF the salesperson's examination AS DETERMINED BY  1,118        

RULE BY THE REAL ESTATE COMMISSION, except that the                1,119        

superintendent may waive ONE OR MORE OF the requirement            1,120        

REQUIREMENTS of examination if THIS SECTION IN the CASE OF AN      1,121        

applicant WHO is a licensed real estate salesperson in another     1,122        

state and that state does both of the following:                   1,123        

      (1)  It applies licensing requirements similar to those      1,125        

applied in this state as determined by the superintendent.         1,126        

      (2)  It extends similar PURSUANT TO A reciprocity to         1,128        

licensed real estate salespersons in this AGREEMENT WITH THE       1,130        

LICENSING AUTHORITY OF THE state FROM WHICH THE APPLICANT HOLDS A  1,131        

VALID REAL ESTATE SALESPERSON'S LICENSE.                           1,132        

      (F)  No applicant for a salesperson's license shall take     1,134        

the salesperson's examination who has not established to the       1,136        

satisfaction of the superintendent that the applicant:             1,137        

      (1)  Is honest, truthful, and of good reputation;            1,139        

      (2)(a)  Has not been convicted of a felony or crime of       1,141        

moral turpitude or, if the applicant has been so convicted, the    1,143        

superintendent has disregarded the conviction because the          1,144        

applicant has proven to the superintendent, by a preponderance of  1,145        

the evidence, that the applicant's activities and employment       1,146        

record since the conviction show that the applicant is honest,     1,148        

truthful, and of good reputation, and there is no basis in fact    1,150        

for believing that the applicant again will violate the laws       1,151        

involved;                                                                       

      (b)  Has not been finally adjudged by a court to have        1,153        

violated any municipal, state, or federal civil rights laws        1,154        

relevant to the protection of purchasers or sellers of real        1,155        

estate or, if the applicant has been so adjudged, at least two     1,157        

years have passed since the court decision and the superintendent  1,158        

has disregarded the adjudication because the applicant has         1,159        

                                                          27     


                                                                 
proven, by a preponderance of the evidence, that the applicant is  1,160        

honest, truthful, and of good reputation, and there is no basis    1,161        

in fact for believing that the applicant again will violate the    1,163        

laws involved.                                                                  

      (3)  Has not, during any period in which the applicant was   1,165        

licensed under this chapter, violated any provision of, or any     1,166        

rule adopted pursuant to this chapter, or, if the applicant has    1,167        

violated such provision or rule, has established to the            1,168        

satisfaction of the superintendent that the applicant will not     1,169        

again violate such provision or rule;                              1,170        

      (4)  Is at least eighteen years of age;                      1,172        

      (5)  If born after the year 1950, has a high school diploma  1,174        

or its equivalent as recognized by the state department of         1,175        

education;                                                         1,176        

      (6)(a)  Has IF BEGINNING INSTRUCTION PRIOR TO AUGUST 1,      1,179        

2001, HAS successfully completed at an institution of higher       1,181        

education all of the following:                                                 

      (i)  Thirty hours of classroom instruction in real estate    1,183        

practice;                                                          1,184        

      (ii)  Thirty hours of classroom instruction that includes    1,186        

the subjects of Ohio real estate law, municipal, state, and        1,187        

federal civil rights law, new case law on housing discrimination,  1,188        

desegregation issues, and methods of eliminating the effects of    1,189        

prior discrimination.  If feasible, the classroom instruction in   1,190        

Ohio real estate law shall be taught by a member of the faculty    1,191        

of an accredited law school.  If feasible, the classroom           1,192        

instruction in municipal, state, and federal civil rights law,     1,193        

new case law on housing discrimination, desegregation issues, and  1,194        

methods of eliminating the effects of prior discrimination shall   1,195        

be taught by a staff member of the Ohio civil rights commission    1,196        

who is knowledgeable with respect to those subjects.  The          1,197        

requirements of this division do not apply to an applicant who is  1,198        

admitted to practice before the supreme court.                     1,199        

      (iii)  Thirty hours of classroom instruction in real estate  1,201        

                                                          28     


                                                                 
appraisal;                                                         1,202        

      (iv)  Thirty hours of classroom instruction in real estate   1,204        

finance.                                                           1,205        

      (b)  Any person who has not been licensed as a real estate   1,207        

salesperson or broker within a four-year period immediately        1,209        

preceding the person's current application for the salesperson's   1,210        

examination shall have successfully completed the classroom        1,211        

instruction required by division (F)(6)(a) of this section within  1,212        

a ten-year period immediately preceding the person's current       1,213        

application for the salesperson's examination.                     1,214        

      (7)  IF BEGINNING INSTRUCTION, AS DETERMINED BY THE          1,216        

SUPERINTENDENT, ON OR AFTER AUGUST 1, 2001, HAS SUCCESSFULLY       1,218        

COMPLETED AT AN INSTITUTION OF HIGHER EDUCATION ALL OF THE         1,219        

FOLLOWING:                                                         1,220        

      (a)  FORTY HOURS OF CLASSROOM INSTRUCTION IN REAL ESTATE     1,222        

PRACTICE;                                                          1,223        

      (b)  FORTY HOURS OF CLASSROOM INSTRUCTION THAT INCLUDES THE  1,225        

SUBJECTS OF OHIO REAL ESTATE LAW, MUNICIPAL, STATE, AND FEDERAL    1,226        

CIVIL RIGHTS LAW, NEW CASE LAW ON HOUSING DISCRIMINATION,          1,227        

DESEGREGATION ISSUES, AND METHODS OF ELIMINATING THE EFFECTS OF    1,229        

PRIOR DISCRIMINATION.  IF FEASIBLE, THE CLASSROOM INSTRUCTION IN   1,230        

OHIO REAL ESTATE LAW SHALL BE TAUGHT BY A MEMBER OF THE FACULTY    1,231        

OF AN ACCREDITED LAW SCHOOL.  IF FEASIBLE, THE CLASSROOM           1,232        

INSTRUCTION IN MUNICIPAL, STATE, AND FEDERAL CIVIL RIGHTS LAW,     1,233        

NEW CASE LAW ON HOUSING DISCRIMINATION, DESEGREGATION ISSUES, AND  1,234        

METHODS OF ELIMINATING THE EFFECTS OF PRIOR DISCRIMINATION SHALL   1,235        

BE TAUGHT BY A STAFF MEMBER OF THE OHIO CIVIL RIGHTS COMMISSION    1,236        

WHO IS KNOWLEDGEABLE WITH RESPECT TO THOSE SUBJECTS.  THE          1,237        

REQUIREMENTS OF THIS DIVISION DO NOT APPLY TO AN APPLICANT WHO IS  1,238        

ADMITTED TO PRACTICE BEFORE THE SUPREME COURT.                     1,239        

      (c)  TWENTY HOURS OF CLASSROOM INSTRUCTION IN REAL ESTATE    1,241        

APPRAISAL;                                                         1,242        

      (d)  TWENTY HOURS OF CLASSROOM INSTRUCTION IN REAL ESTATE    1,244        

FINANCE.                                                           1,245        

                                                          29     


                                                                 
      (G)  Each NO LATER THAN TWELVE MONTHS AFTER THE DATE OF      1,247        

ISSUE OF A REAL ESTATE SALESPERSON LICENSE TO A LICENSEE, THE      1,248        

licensee shall submit proof SATISFACTORY TO THE SUPERINTENDENT,    1,249        

ON FORMS MADE AVAILABLE BY THE SUPERINTENDENT, of successful       1,250        

completion, at an institution of higher education or any other     1,252        

institution approved by the commission, of ten hours of classroom  1,253        

instruction in real estate courses that cover current issues       1,254        

regarding consumers, real estate practice, ethics, and real        1,255        

estate law.  Upon completion of the instruction, the licensee      1,256        

shall cause to have filed with the superintendent a certificate    1,257        

from the institution showing that the licensee successfully has    1,258        

completed the requirements of this division in accordance with     1,261        

the appropriate time period, as follows:                           1,262        

      (1)  Persons licensed on or after January 1, 1990, but       1,264        

before January 1, 2001, shall submit proof of successful           1,265        

completion of the instruction to the superintendent within twelve  1,267        

months after the date of issuance of the real estate broker's      1,268        

license;                                                                        

      (2)  Persons licensed on or after January 1, 2001, shall     1,270        

submit proof of successful completion of the instruction to the    1,271        

superintendent on or before the licensee's first continuing        1,273        

education requirement, after licensure as a broker, must be met    1,274        

under section 4735.141 of the Revised Code.                        1,275        

      If proof of successful completion of the required            1,277        

instruction is not submitted within the time period prescribed by  1,278        

this division TWELVE MONTHS OF THE DATE A LICENSE IS ISSUED UNDER  1,279        

THIS SECTION, the licensee's license is suspended automatically    1,281        

without the taking of any action by the commission.  The           1,282        

superintendent immediately shall notify the broker with whom such  1,283        

salesperson is associated of the suspension of the salesperson's   1,285        

license.  A salesperson whose license has been suspended under     1,286        

this division shall have one year TWELVE MONTHS after the date of  1,287        

the suspension of the salesperson's license to submit proof of     1,288        

successful completion of the instruction required under this       1,291        

                                                          30     


                                                                 
division.  No such license shall be reactivated by the             1,292        

superintendent until it is established, to the satisfaction of                  

the superintendent, that the requirements of this division have    1,293        

been met AND THAT THE LICENSEE IS IN COMPLIANCE WITH THIS          1,294        

CHAPTER.  A LICENSEE'S LICENSE IS REVOKED AUTOMATICALLY WITHOUT    1,295        

THE TAKING OF ANY ACTION BY THE SUPERINTENDENT WHEN THE LICENSEE   1,296        

FAILS TO SUBMIT THE REQUIRED PROOF OF COMPLETION OF THE EDUCATION  1,297        

REQUIREMENTS UNDER DIVISION (G) OF THIS SECTION WITHIN TWELVE      1,298        

MONTHS OF THE DATE THE LICENSE IS SUSPENDED.                       1,299        

      (H)  Examinations shall be given entirely in writing,        1,301        

except that they shall be administered with reasonable             1,302        

accommodations in accordance with the requirements of the          1,304        

"Americans with Disabilities Act of 1990," 104 Stat. 327, 42       1,305        

U.S.C. 12101.  The contents of an examination shall be consistent  1,308        

with the classroom instructional requirements of division          1,309        

(F)(6)(a) OR (7) of this section.  All persons whose applications  1,311        

are pending shall be notified by mail at least sixty days prior    1,312        

to such examination, except that an AN applicant who has                        

completed the classroom instructional requirements of division     1,313        

(F)(6)(a) OR (7) of this section at the time of application may    1,315        

SHALL be examined at the next regularly scheduled examination NO   1,317        

LATER THAN TWELVE MONTHS after the applicant is notified of the    1,319        

applicant's admission to the examination.  Nothing in this         1,321        

section shall be construed to prevent an applicant from            1,322        

completing, in the discretion of the superintendent, the           1,323        

classroom instructional requirements of division (F)(6)(a) of      1,324        

this section concurrently with the processing of the applicant's   1,326        

application for examination.                                                    

      Sec. 4735.10.  (A)(1)  The Ohio real estate commission may   1,335        

adopt reasonable rules in accordance with Chapter 119. of the      1,336        

Revised Code, necessary for implementing the provisions of this    1,337        

chapter relating, but not limited to, the following:               1,338        

      (a)  The form and manner of filing applications for          1,340        

license;                                                           1,341        

                                                          31     


                                                                 
      (b)  Times and form of examination for license;              1,343        

      (c)  Placing an existing broker's license in escrow ON       1,345        

DEPOSIT OR A SALESPERSON'S LICENSE ON AN INACTIVE STATUS for an    1,346        

indefinite period upon good cause shown.                           1,347        

      (2)  The commission shall adopt reasonable rules in          1,349        

accordance with Chapter 119. of the Revised Code, for              1,350        

implementing the provisions of this chapter relating to the        1,351        

following:                                                                      

      (a)  The issuance, renewal, suspension, AND revocation of    1,353        

licenses, other sanctions that may be imposed for violations of    1,354        

this chapter, and the conduct of hearings related to these         1,356        

actions, AND THE PROCESS OF REACTIVATING A LICENSE;                1,357        

      (b)  Standards for the approval of courses of study          1,359        

required for licenses, or offered in preparation for license       1,360        

examinations, or required as continuing education for licenses.    1,361        

The rules shall specify that no standard for the approval of a     1,363        

course of study required as continuing education for licensees                  

shall require that licensees pass an examination as a condition    1,364        

for the successful completion of a continuing education            1,365        

requirement.  A person providing a continuing education course     1,366        

may administer examinations for the purpose of evaluating the      1,367        

effectiveness of the course.                                                    

      (c)  Guidelines to ensure that continuing education classes  1,370        

are open to all persons licensed under this chapter.  The rules    1,371        

shall specify that an organization that sponsors a continuing      1,372        

education class may offer its members a reasonable reduction in    1,373        

the fees charged for the class.                                    1,374        

      (d)  Requirements for trust accounts and property            1,376        

management accounts.  The rules shall specify that:                1,377        

      (i)  Brokerages engaged in the management of property for    1,380        

another may, pursuant to a written contract with the property      1,381        

owner, exercise signatory authority for withdrawals from property  1,382        

management accounts maintained in the name of the property owner.  1,383        

The exercise of authority for withdrawals does not constitute a    1,384        

                                                          32     


                                                                 
violation of any provision of division (A) of section 4735.18 of   1,385        

the Revised Code.                                                  1,387        

      (ii)  The interest earned on property management trust       1,390        

accounts maintained in the name of the property owner or the                    

broker shall be payable to the property owner unless otherwise     1,391        

specified in a written contract.                                   1,392        

      (e)  Annual certificates of continuation in business NOTICE  1,394        

OF RENEWAL FORMS and filing deadlines based on a staggered system  1,395        

of renewal with deadlines distributed throughout the year;         1,397        

      (f)  SPECIAL ASSESSMENTS UNDER DIVISION (A) OF SECTION       1,399        

4735.12 OF THE REVISED CODE.                                       1,400        

      (B)  The commission shall MAY adopt rules in accordance      1,402        

with Chapter 119. of the Revised Code establishing standards and   1,404        

guidelines with which the superintendent of real estate shall      1,405        

comply in the exercise of the following powers:                    1,406        

      (1)  Appointment and recommendation of ancillary trustees    1,408        

under section 4735.05 of the Revised Code;                         1,409        

      (2)  Rejection of names proposed to be used by               1,411        

partnerships, associations, LIMITED LIABILITY COMPANIES, LIMITED   1,412        

LIABILITY PARTNERSHIPS, and corporations, under division (A) of    1,414        

section 4735.06 of the Revised Code;                                            

      (3)  Acceptance and rejection of applications to take the    1,416        

broker and salesperson examinations and licensure, with waiver of  1,418        

examination APPROPRIATE WAIVERS PURSUANT TO DIVISION (E) OF        1,419        

SECTION 4735.07 AND SECTION 4735.09 OF THE REVISED CODE, under                  

sections 4735.07 and 4735.09 of the Revised Code;                  1,421        

      (4)  Approval of applications of brokers to place their      1,423        

licenses on deposit and to become salespersons under section       1,425        

4735.13 of the Revised Code;                                                    

      (5)  Appointment of hearing examiners under section 119.09   1,427        

of the Revised Code;                                               1,428        

      (6)  Acceptance and rejection of applications to take the    1,430        

foreign real estate dealer and salesperson examinations and        1,431        

licensure, with waiver of examination, under sections 4735.27 and  1,432        

                                                          33     


                                                                 
4735.28 of the Revised Code;                                       1,433        

      (7)  Qualification of foreign real estate under section      1,435        

4735.25 of the Revised Code.                                       1,436        

      If at any time there is no rule in effect establishing a     1,438        

guideline or standard required by this division, the               1,439        

superintendent shall MAY adopt a rule in accordance with Chapter   1,440        

119. of the Revised Code for such purpose.                         1,441        

      (C)  The commission or superintendent may hear testimony in  1,443        

matters relating to the duties imposed upon them, and the          1,444        

president of the commission and superintendent may administer      1,445        

oaths.  The commission or superintendent may require other proof   1,446        

of the honesty, truthfulness, and good reputation of any person    1,447        

named in an application for a real estate broker's or real estate  1,449        

salesperson's license before admitting the applicant to the        1,450        

examination or issuing a license.                                  1,451        

      Sec. 4735.11.  The form and size of licenses issued under    1,460        

this chapter shall be prescribed by the Ohio real estate           1,461        

commission.  Each BROKER'S OR FOREIGN REAL ESTATE DEALER'S         1,462        

license shall show the name and address of the licensee, and in    1,463        

the case of partnership, association, LIMITED LIABILITY COMPANY,   1,464        

LIMITED LIABILITY PARTNERSHIP, and corporation licenses, the name  1,465        

and address of each of the members or officers of the              1,466        

partnership, association, LIMITED LIABILITY COMPANY, LIMITED       1,467        

LIABILITY PARTNERSHIP, or corporation.  A real estate salesman's   1,468        

SALESPERSON'S license or a foreign real estate salesman's          1,469        

SALESPERSON'S license shall show the name of the real estate       1,470        

broker or foreign real estate dealer with whom he THE SALESPERSON  1,471        

is or is to be associated.  Each license shall be issued under     1,472        

the seal prescribed in section 121.20 of the Revised Code and be   1,473        

signed by the president of the commission and the superintendent   1,474        

of real estate.                                                                 

      Sec. 4735.12.  (A)  The real estate recovery fund is hereby  1,483        

created in the state treasury, to be administered by the           1,484        

superintendent of real estate.  Amounts collected by the           1,485        

                                                          34     


                                                                 
superintendent as prescribed in this section and interest earned   1,486        

on the assets of the fund shall be credited by the treasurer of    1,487        

state to the fund.  The amount of money in the fund shall be       1,488        

ascertained by the superintendent as of the first day of October   1,489        

JULY of each year.  If that amount is less than one million        1,491        

dollars, the director of budget and management may, upon the       1,492        

request of the superintendent, transfer from the real estate       1,493        

operating fund to the real estate recovery fund such sum as will   1,494        

bring the real estate recovery fund to that amount.                1,495        

      THE COMMISSION, IN ACCORDANCE WITH RULES ADOPTED UNDER       1,497        

DIVISION (A)(2)(f) OF SECTION 4735.10 OF THE REVISED CODE, SHALL   1,498        

IMPOSE A SPECIAL ASSESSMENT NOT TO EXCEED TEN DOLLARS ANNUALLY ON  1,499        

EACH LICENSEE FILING A NOTICE OF RENEWAL UNDER SECTION 4735.14 OF  1,501        

THE REVISED CODE IF THE AMOUNT AVAILABLE IN THE FUND IS LESS THAN               

ONE MILLION DOLLARS ON THE FIRST DAY OF JULY PRECEDING THAT        1,502        

FILING.  THE COMMISSION MAY IMPOSE A SPECIAL ASSESSMENT NOT TO     1,503        

EXCEED FIVE DOLLARS ANNUALLY IF THE AMOUNT AVAILABLE IN THE FUND   1,505        

IS GREATER THAN ONE MILLION DOLLARS, BUT LESS THAN TWO MILLION                  

DOLLARS ON THE FIRST DAY OF JULY PRECEDING THAT FILING.  THE       1,506        

COMMISSION SHALL NOT IMPOSE A SPECIAL ASSESSMENT IF THE AMOUNT     1,507        

AVAILABLE IN THE FUND EXCEEDS TWO MILLION DOLLARS ON THE FIRST     1,508        

DAY OF JULY PRECEDING THAT FILING.                                 1,509        

      (B)(1)   Any person who obtains a final judgment in any      1,511        

court of competent jurisdiction against any broker or salesperson  1,512        

licensed under this chapter, on the grounds of conduct that is in  1,513        

violation of this chapter or the rules adopted under it, and that  1,514        

is associated with an act or transaction of a broker or            1,515        

salesperson THAT ONLY A LICENSED REAL ESTATE BROKER OR LICENSED    1,516        

REAL ESTATE SALESPERSON IS AUTHORIZED TO PERFORM AS specified or   1,517        

comprehended in division (A) or (C) of section 4735.01 of the      1,519        

Revised Code, may file a verified application, as described in     1,520        

division (B)(3) of this section, in any court of common pleas for  1,522        

an order directing payment out of the real estate recovery fund    1,523        

of the portion of the judgment that remains unpaid and that        1,524        

                                                          35     


                                                                 
represents the actual and direct loss sustained by the applicant.  1,525        

      (2)  Punitive damages, ATTORNEY'S FEES, and interest on a    1,527        

judgment are not recoverable from the fund.  In the discretion of  1,529        

the superintendent of real estate, attorney's fees and court       1,530        

costs may be recovered from the fund, and, if the superintendent   1,531        

authorizes the recovery of attorney's fees or court costs, the     1,532        

order of the court of common pleas then may direct their payment   1,533        

from the fund.                                                     1,534        

      (3)  The application shall specify the nature of the act or  1,536        

transaction upon which the underlying judgment was based, the      1,537        

activities of the applicant in pursuit of remedies available       1,538        

under law for the collection of judgments, and the actual and      1,539        

direct losses, attorney's fees, and the court costs sustained or   1,541        

incurred by the applicant.  The applicant shall attach to the                   

application a copy of each pleading and order in the underlying    1,542        

court action.                                                      1,543        

      (4)  The court shall order the superintendent to make such   1,545        

payments out of the fund when the person seeking the order has     1,546        

shown all of the following:                                        1,547        

      (a)  The person has obtained a judgment, as provided in      1,549        

this division;                                                                  

      (b)  All appeals from the judgment have been exhausted and   1,551        

the person has given notice to the superintendent, as required by  1,553        

division (C) of this section;                                                   

      (c)  The person is not a spouse of the judgment debtor, or   1,555        

the personal representative of such spouse;                        1,556        

      (d)  The person has diligently pursued the person's          1,559        

remedies against all the judgment debtors and all other persons    1,560        

liable to the person in the transaction for which the person       1,561        

seeks recovery from the fund;                                      1,562        

      (e)  The person is making the person's application not more  1,564        

than one year after termination of all proceedings, including      1,565        

appeals, in connection with the judgment.                          1,566        

      (5)  Divisions (B)(1) to (4) of this section do not apply    1,568        

                                                          36     


                                                                 
to any of the following:                                           1,569        

      (a)  Actions arising from property management accounts       1,571        

maintained in the name of the property owner;                      1,572        

      (b)  A bonding company when it is not a principal in a real  1,574        

estate transaction;                                                1,575        

      (c)  A person in an action for the payment of a commission   1,578        

or fee for the performance of an act or transaction specified or   1,579        

comprehended in division (A) or (C) of section 4735.01 of the                   

Revised Code;                                                      1,580        

      (d)  Acts that occurred on or before March 4, 1975 LOSSES    1,582        

INCURRED BY INVESTORS IN REAL ESTATE IF THE APPLICANT AND THE      1,583        

LICENSEE ARE PRINCIPALS IN THE INVESTMENT.                         1,584        

      (C)  A person who applies to a court of common pleas for an  1,586        

order directing payment out of the fund shall file notice of the   1,587        

application with the superintendent.  The superintendent may       1,588        

defend any such action on behalf of the fund and shall have        1,589        

recourse to all appropriate means of defense and review,           1,590        

including examination of witnesses, VERIFICATION OF ACTUAL AND     1,591        

DIRECT LOSSES, AND CHALLENGES TO THE UNDERLYING JUDGMENT REQUIRED  1,592        

IN DIVISION (B)(4)(a) OF THIS SECTION TO DETERMINE WHETHER THE     1,594        

UNDERLYING JUDGMENT IS BASED ON ACTIVITY ONLY A LICENSED BROKER                 

OR LICENSED SALESPERSON IS PERMITTED TO PERFORM.  The              1,595        

superintendent may move the court at any time to dismiss the       1,596        

application when it appears there are no triable issues and the    1,597        

application is without merit. The motion may be supported by       1,598        

affidavit of any person having knowledge of the facts and may be   1,599        

made on the basis that the application, including the judgment     1,600        

referred to in it, does not form the basis for a meritorious       1,601        

recovery claim; provided, that the superintendent shall give       1,602        

written notice to the applicant at least ten days before such      1,603        

motion.  The superintendent may, subject to court approval,        1,604        

compromise a claim based upon the application of an aggrieved      1,605        

party.  The superintendent shall not be bound by any prior         1,606        

compromise or stipulation of the judgment debtor.                               

                                                          37     


                                                                 
      (D)  Notwithstanding any other provision of this section,    1,608        

the liability of the fund shall not exceed forty thousand dollars  1,609        

for any one licensee.  If a licensee LICENSEE'S LICENSE is         1,610        

reinstated REACTIVATED as provided in division (E) of this         1,612        

section, the liability of the fund for the licensee under this     1,613        

section shall again be forty thousand dollars, but only for        1,614        

transactions which THAT occur subsequent to the time of                         

reinstatement REACTIVATION.                                        1,615        

      If the forty-thousand-dollar liability of the fund is        1,617        

insufficient to pay in full the valid claims of all aggrieved      1,618        

persons by whom claims have been filed against any one licensee,   1,619        

the forty thousand dollars shall be distributed among them in the  1,621        

ratio that their respective claims bear to the aggregate of valid  1,622        

claims or in such other manner as the court finds equitable.       1,623        

Distribution of moneys shall be among the persons entitled to      1,624        

share in it, without regard to the order of priority in which      1,625        

their respective judgments may have been obtained or their claims  1,626        

have been filed.  Upon petition of the superintendent, the court   1,627        

may require all claimants and prospective claimants against one    1,628        

licensee to be joined in one action, to the end that the           1,629        

respective rights of all such claimants to the fund may be         1,630        

equitably adjudicated and settled.                                              

      (E)  If the superintendent pays from the fund any amount in  1,632        

settlement of a claim or toward satisfaction of a judgment         1,633        

against a licensed broker or salesperson, the license of the       1,635        

broker or salesperson shall be automatically suspended upon the                 

date of payment from the fund.  No such broker or salesperson THE  1,636        

SUPERINTENDENT shall be granted reinstatement NOT REACTIVATE THE   1,638        

SUSPENDED LICENSE OF THAT BROKER OR SALESPERSON until the broker   1,639        

or salesperson has repaid in full, plus interest per annum at the  1,641        

rate specified in division (A) of section 1343.03 of the Revised   1,642        

Code, the amount paid from the fund on his THE BROKER'S OR         1,643        

SALESPERSON'S account.  A discharge in bankruptcy does not         1,644        

relieve a person from the suspension and requirements for                       

                                                          38     


                                                                 
reinstatement REACTIVATION provided in this section UNLESS THE     1,646        

UNDERLYING JUDGMENT HAS BEEN INCLUDED IN THE DISCHARGE AND HAS     1,647        

NOT BEEN REAFFIRMED BY THE DEBTOR.                                              

      (F)  Two dollars of each fee collected for a real estate     1,649        

broker's license or a real estate salesperson's license, or for    1,652        

the renewal of such licenses, may, as determined by the                         

superintendent, be credited to the fund, if the fund balance does  1,653        

not exceed two million dollars.                                    1,654        

      If, at any time, the money deposited in the fund is          1,656        

insufficient to satisfy any duly authorized claim or portion of a  1,657        

claim, the superintendent shall, when sufficient money has been    1,658        

deposited in the fund, satisfy such unpaid claims or portions, in  1,659        

the order that such claims or portions were originally filed,      1,660        

plus accumulated interest per annum at the rate specified in       1,661        

division (A) of section 1343.03 of the Revised Code.               1,662        

      (G)  When, upon the order of the court, the superintendent   1,664        

has paid from the fund any sum to the judgment creditor, the       1,665        

superintendent shall be subrogated to all of the rights of the     1,666        

judgment creditor to the extent of the amount so paid, and the     1,667        

judgment creditor shall assign all the judgment creditor's right,  1,668        

title, and interest in the judgment to the superintendent to the   1,669        

extent of the amount so paid.  Any amount and interest so          1,670        

recovered by the superintendent on the judgment shall be           1,671        

deposited in the fund.                                                          

      (H)  Nothing contained in this section shall limit the       1,673        

authority of the superintendent to take disciplinary action        1,674        

against any licensee under other provisions of this chapter; nor   1,675        

shall the repayment in full of all obligations to the fund by any  1,676        

licensee nullify or modify the effect of any other disciplinary    1,677        

proceeding brought pursuant to this chapter.                       1,678        

      (I)  The superintendent shall collect from the fund a        1,680        

service fee in an amount equivalent to the interest rate           1,681        

specified in division (A) of section 1343.03 of the Revised Code   1,682        

multiplied by the annual interest earned on the assets of the      1,683        

                                                          39     


                                                                 
fund, to defray the expenses incurred in the administration of     1,684        

the fund.                                                          1,685        

      Sec. 4735.13.  (A)  The license of a real estate broker      1,694        

shall be prominently displayed in the office or place of business  1,695        

of the broker, and no license shall authorize the licensee to do   1,696        

business except from the location specified in it.  IF THE BROKER  1,698        

MAINTAINS MORE THAN ONE PLACE OF BUSINESS WITHIN THE STATE, THE    1,699        

BROKER SHALL APPLY FOR AND PROCURE A DUPLICATE LICENSE FOR EACH    1,700        

BRANCH OFFICE MAINTAINED BY THE BROKER.  EACH BRANCH OFFICE SHALL               

BE IN THE CHARGE OF A LICENSED BROKER OR SALESPERSON.  THE BRANCH  1,701        

OFFICE LICENSE SHALL BE PROMINENTLY DISPLAYED AT THE BRANCH        1,702        

OFFICE LOCATION.                                                   1,703        

      (B)  The license of each real estate salesman SALESPERSON    1,705        

shall be mailed to and remain in the possession of the licensed    1,706        

broker with whom he THE SALESPERSON is or is to be associated      1,707        

until canceled THE LICENSEE PLACES THE LICENSE ON INACTIVE STATUS  1,708        

or until the salesman leaves the broker SALESPERSON LEAVES THE     1,709        

BROKERAGE OR IS TERMINATED.  The broker shall keep each            1,711        

salesman's SALESPERSON'S license in a way that it can, and shall   1,712        

on request, be made immediately available for public inspection    1,714        

at the office or place of business of the broker.  Except as       1,715        

provided in division (G) of this section, immediately upon the     1,716        

SALESPERSON'S LEAVING THE ASSOCIATION OR termination of the        1,717        

association of a real estate salesman SALESPERSON with the         1,718        

broker, the broker shall return the salesman's SALESPERSON'S       1,719        

license to the superintendent of real estate for cancellation.     1,720        

      THE FAILURE OF A BROKER TO RETURN THE LICENSE OF A REAL      1,722        

ESTATE SALESPERSON WHO LEAVES OR WHO IS TERMINATED WITHIN THREE    1,723        

BUSINESS DAYS OF THE RECEIPT OF A WRITTEN REQUEST FROM THE         1,724        

SALESPERSON FOR THE RETURN OF THE LICENSE, WHEN A COPY OF THE      1,725        

REQUEST ALSO IS FORWARDED TO THE SUPERINTENDENT, IS PRIMA FACIE    1,726        

EVIDENCE OF MISCONDUCT UNDER DIVISION (A)(6) OF SECTION 4735.18    1,727        

OF THE REVISED CODE.                                                            

      (C)  Any licensee who is convicted of a felony or a crime    1,729        

                                                          40     


                                                                 
involving moral turpitude or of violating any federal, state, or   1,730        

municipal civil rights law pertaining to discrimination in         1,731        

housing, or any court that issues a finding of an unlawful         1,732        

discriminatory practice pertaining to housing accommodations       1,733        

described in division (H) of section 4112.02 of the Revised Code   1,734        

or that convicts a licensee of a violation of any municipal civil  1,735        

rights law pertaining to housing discrimination, shall notify the  1,736        

superintendent of the conviction or finding within fifteen days.   1,737        

If a licensee fails to notify the superintendent within the        1,738        

required time, the superintendent immediately may revoke the       1,739        

license of the licensee.                                           1,740        

      Any court that convicts a licensee of a violation of any     1,742        

municipal civil rights law pertaining to housing discrimination    1,743        

also shall notify the Ohio civil rights commission within fifteen  1,744        

days of the conviction.                                            1,745        

      (D)  In case of any change of business location, a broker    1,747        

shall give a notice in writing to the superintendent, whereupon    1,748        

the superintendent shall issue new licenses for the unexpired      1,749        

period without charge.  A IF A broker who changes a business       1,751        

location without giving the REQUIRED notice and without the        1,752        

issuance of the RECEIVING new licenses is guilty of misconduct     1,754        

THAT ACTION IS PRIMA FACIE EVIDENCE OF MISCONDUCT under division   1,755        

(A)(6) of section 4735.18 of the Revised Code.                     1,756        

      (E)  If a real estate broker desires to associate himself    1,758        

with another real estate broker in the capacity of a real estate   1,759        

salesman SALESPERSON, he THE BROKER shall apply to the             1,761        

superintendent to deposit his THE BROKER'S real estate broker's    1,762        

license with the superintendent and for the issuance of a real     1,763        

estate salesman's SALESPERSON'S license.  The application shall    1,764        

be made on a form prescribed by the superintendent and shall be    1,765        

accompanied by the recommendation of the real estate broker with   1,766        

whom the applicant intends to become associated, a fee of          1,767        

thirteen dollars to cover the expenses of the superintendent in    1,769        

holding the applicant's real estate broker's license, and a fee    1,770        

                                                          41     


                                                                 
of twenty-five dollars for the real estate salesman's              1,771        

SALESPERSON'S license.  Four dollars of each THE fee shall be      1,773        

credited to the real estate education and research fund.  If the   1,774        

superintendent is satisfied that the applicant is honest,          1,775        

truthful, and of good reputation, has not been convicted of a      1,776        

felony or a crime involving moral turpitude, and has not been      1,777        

finally adjudged by a court to have violated any municipal,        1,778        

state, or federal civil rights laws relevant to the protection of  1,779        

purchasers or sellers of real estate, and that the association of  1,780        

the real estate broker and the applicant will be in the public     1,781        

interest, the superintendent shall grant the application and       1,782        

issue a real estate salesman's SALESPERSON'S license to him THE    1,783        

APPLICANT.  Any license so deposited with the superintendent       1,784        

shall be subject to this chapter.  On or before the first day of   1,785        

November of each year, a A broker who intends to deposit his THE   1,787        

BROKER'S license with the superintendent, as provided in this      1,788        

section, shall give written notice of this fact IN A FORMAT        1,789        

PRESCRIBED BY THE SUPERINTENDENT to all salesmen SALESPERSONS      1,791        

associated with him THE BROKER WHEN APPLYING TO PLACE THE          1,792        

BROKER'S LICENSE ON DEPOSIT.                                                    

      (F)  If a real estate broker desires to become a member or   1,794        

officer of a partnership, association, LIMITED LIABILITY COMPANY,  1,795        

LIMITED LIABILITY PARTNERSHIP, or corporation that is or intends   1,797        

to become a licensed real estate broker, he THE BROKER shall       1,798        

notify the superintendent of his THE BROKER'S intentions.  The     1,799        

notice of intention shall be on a form prescribed by the                        

superintendent and shall be accompanied by a fee of twenty-five    1,801        

dollars.  Four dollars of the fee shall be credited to the real    1,802        

estate education and research fund.                                1,803        

      No real estate broker who is a member or officer of a        1,805        

partnership, association, LIMITED LIABILITY COMPANY, LIMITED       1,806        

LIABILITY PARTNERSHIP, or corporation that is a licensed real      1,807        

estate broker shall perform any acts as a real estate broker       1,808        

other than as the agent of the partnership, association, LIMITED   1,809        

                                                          42     


                                                                 
LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, or corporation,  1,811        

and he SUCH BROKER shall not have any real estate salesmen         1,812        

SALESPERSONS associated with him THE BROKER.                       1,813        

      (G)  If a real estate broker or salesman SALESPERSON enters  1,815        

the armed forces, he THE BROKER OR SALESPERSON may place his THE   1,817        

BROKER'S OR SALESPERSON'S license on deposit with the Ohio real                 

estate commission until six months after his discharge from the    1,818        

armed services.  The licensee shall pay a fee of seven dollars to  1,819        

cover the expense of the commission in holding the existing        1,820        

license NOT BE REQUIRED TO RENEW THE LICENSE ANNUALLY UNTIL THE    1,821        

RENEWAL DATE THAT FOLLOWS THE DATE OF DISCHARGE FROM THE ARMED     1,822        

SERVICES.  Any license deposited with the commission shall be      1,823        

subject to this chapter.  Any licensee whose license is on         1,824        

deposit under this division and who fails to meet the continuing   1,825        

education requirements of section 4735.141 of the Revised Code     1,826        

because he THE LICENSEE is in the armed forces shall satisfy the   1,827        

commission that he THE LICENSEE has complied with the continuing   1,828        

education requirements within twelve months of his THE LICENSEE'S  1,830        

discharge.  The commission shall notify the licensee of his THE    1,832        

LICENSEE'S obligations under section 4735.141 of the Revised Code  1,833        

at the time he THE LICENSEE applies for release REACTIVATION of    1,834        

his THE LICENSEE'S license.                                        1,835        

      Sec. 4735.14.  (A)  Each license issued under this chapter,  1,844        

shall be valid without further recommendation or examination       1,845        

until canceled PLACED IN AN INACTIVE STATUS, revoked, suspended,   1,846        

or such license expires by operation of law.                       1,847        

      (B)  Each licensed broker, brokerage, or salesperson shall   1,849        

file, on or before the date the Ohio real estate commission has    1,851        

adopted by rule for that licensee in accordance with division      1,852        

(A)(2)(e) of section 4735.10 of the Revised Code, a certificate    1,853        

of continuation in business NOTICE OF RENEWAL on a form            1,854        

prescribed by the superintendent of real estate.  THE LICENSEE     1,855        

SHALL INDICATE ON THE FORM WHETHER THE LICENSEE WISHES TO          1,856        

MAINTAIN THE LICENSEE'S LICENSE IN AN ACTIVE OR INACTIVE STATUS.   1,857        

                                                          43     


                                                                 
The certificate of continuation in business NOTICE OF RENEWAL      1,858        

shall be mailed by the superintendent to the MOST CURRENT          1,860        

personal residence ADDRESS of each broker or salesperson AS FILED  1,861        

WITH THE SUPERINTENDENT BY THE LICENSEE and the place of business  1,862        

ADDRESS of the brokerage two months prior to the filing deadline.  1,863        

      (C)  The license of any real estate broker, brokerage, or    1,866        

salesperson that fails to file a certificate of continuation       1,867        

NOTICE OF RENEWAL on or before the filing deadline of each         1,868        

ensuing year shall be canceled SUSPENDED AUTOMATICALLY WITHOUT     1,870        

THE TAKING OF ANY ACTION BY THE SUPERINTENDENT.  A canceled        1,871        

SUSPENDED license may be reactivated within one year TWELVE        1,872        

MONTHS of cancellation THE DATE OF SUSPENSION, provided that the   1,873        

renewal fee plus a penalty fee of fifty per cent of the renewal    1,875        

fee is paid to the superintendent.  Failure to reactivate the      1,876        

license as provided in this division shall result in AUTOMATIC                  

revocation of the license WITHOUT THE TAKING OF ANY ACTION BY THE  1,878        

SUPERINTENDENT.  No person, partnership, association,              1,879        

corporation, limited liability company, or limited partnership     1,880        

shall engage in any act or acts for which a real estate license    1,881        

is required while that entity's license is canceled PLACED IN AN   1,882        

INACTIVE STATUS, SUSPENDED, or revoked.  THE COMMISSION SHALL      1,883        

ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE                 

TO PROVIDE TO LICENSEES NOTICE OF SUSPENSION OR REVOCATION OR      1,884        

BOTH.                                                                           

      (D)  EACH LICENSEE SHALL NOTIFY THE COMMISSION OF A CHANGE   1,886        

IN PERSONAL RESIDENCE ADDRESS.  A LICENSEE'S FAILURE TO NOTIFY     1,887        

THE COMMISSION OF A CHANGE IN PERSONAL RESIDENCE ADDRESS DOES NOT  1,888        

NEGATE THE REQUIREMENT TO FILE THE LICENSE RENEWAL BY THE          1,889        

REQUIRED DEADLINE ESTABLISHED BY THE COMMISSION BY RULE UNDER      1,890        

DIVISION (A)(2)(e) OF SECTION 4735.10 OF THE REVISED CODE.         1,892        

      (E)  THE SUPERINTENDENT SHALL NOT RENEW A LICENSE IF THE     1,894        

LICENSEE IS NOT IN COMPLIANCE WITH THIS CHAPTER.                   1,896        

      Sec. 4735.141.  (A)  Except as otherwise provided in this    1,905        

division, each person licensed under section 4735.07 or 4735.09    1,906        

                                                          44     


                                                                 
of the Revised Code shall submit proof satisfactory to the         1,907        

superintendent of real estate that the licensee has                1,908        

satisfactorily completed thirty classroom hours of continuing      1,909        

education, as prescribed by the Ohio real estate commission                     

pursuant to section 4735.10 of the Revised Code, on or before the  1,910        

licensee's birthday occurring three years after the licensee's     1,911        

date of initial licensure, and on or before the licensee's         1,912        

birthday every three years thereafter.                                          

      Persons licensed as real estate salespersons who             1,915        

subsequently become licensed real estate brokers shall continue    1,916        

to submit proof of continuing education in accordance with the     1,917        

time period established in this section.                                        

      The requirements of this section shall not apply to any      1,921        

physically handicapped licensee as provided in division (E) of                  

this section.                                                      1,922        

      Each licensee who is seventy years of age or older on June   1,925        

13, 1996 June 13, 1996 June 14, 1999, shall submit, on or before   1,926        

the licensee's birthday occurring three years after the effective  1,927        

date of this amendment SECTION, and on or before the licensee's    1,929        

birthday every three years thereafter, proof satisfactory to the   1,930        

superintendent of real esate ESTATE that the licensee has          1,932        

satisfactorily completed June 13, 1996 a total of nine classroom   1,934        

hours of continuing education, including instruction in Ohio real  1,935        

estate law; recently enacted state and federal laws affecting the  1,936        

real estate industry; municipal, state, and federal civil rights   1,938        

law; and canons of ethics for the real estate industry as adopted  1,939        

by the commission.  A LICENSEE WHO IS SEVENTY YEARS OF AGE OR                   

OLDER WHOSE LICENSE IS IN AN INACTIVE STATUS IS EXEMPT FROM THE    1,940        

CONTINUING EDUCATION REQUIREMENTS SPECIFIED IN THIS SECTION.  The  1,941        

commission shall adopt reasonable rules in accordance with         1,944        

Chapter 119. of the Revised Code to carry out the purposes of      1,945        

this paragraph.                                                                 

      A person providing any course of continuing education may    1,947        

administer examinations to licensees for the purpose of            1,948        

                                                          45     


                                                                 
evaluating the effectiveness of the course, but passage of an      1,949        

examination by a licensee shall not be a condition for successful  1,950        

completion of the continuing education requirements of this        1,951        

section.                                                           1,952        

      (B)  The continuing education requirements of this section   1,954        

shall be completed in schools, seminars, and educational           1,955        

institutions approved by the commission.  Such approval shall be   1,956        

given according to rules established by the commission under the   1,957        

procedures of Chapter 119. of the Revised Code, and shall not be   1,958        

limited to institutions providing two-year or four-year degrees.   1,959        

Each school, seminar, or educational institution approved under    1,960        

this division shall be open to all licensees on an equal basis.    1,961        

      (C)  If the requirements of this section are not met by a    1,963        

licensee within the period specified, the licensee's license       1,964        

shall be suspended automatically without the taking of any action  1,965        

by the superintendent.  The superintendent shall notify the        1,966        

licensee of the license suspension.  Any license so suspended      1,967        

shall remain suspended until it is reactivated by the              1,968        

superintendent.  No such license shall be reactivated until it is  1,970        

established, to the satisfaction of the superintendent, that the   1,972        

requirements of this section have been met.  If the requirements   1,973        

of this section are not met within one year TWELVE MONTHS from     1,974        

the date the license was suspended, the license shall be revoked   1,977        

automatically without the taking of any action by the commission.  1,978        

A person whose license has been revoked and whose revoked license  1,979        

was issued prior to January 1, 1980, may have the person's         1,980        

license reactivated by the superintendent at any time after it     1,982        

has been revoked upon submitting proof satisfactory to the         1,983        

superintendent that the person has satisfactorily completed        1,984        

during the period since the revocation of the person's license     1,985        

thirty classroom hours of continuing education as prescribed by    1,986        

the commission pursuant to section 4735.10 of the Revised Code.    1,987        

Upon reactivation of the person's license, the licensee shall      1,989        

comply with the educational requirements of division (A) of this   1,990        

                                                          46     


                                                                 
section.                                                                        

      (D)  If the license of a real estate broker is suspended     1,992        

pursuant to division (C) of this section, the license of a real    1,994        

estate salesperson associated with that broker correspondingly is  1,996        

suspended pursuant to division (B) of section 4735.20 of the       1,997        

Revised Code.  However, the suspended license of the associated    1,998        

real estate salesperson shall be reactivated and no fee shall be   2,001        

charged or collected for that reactivation if all of the           2,004        

following occur:                                                   2,005        

      (1)  That broker subsequently submits proof to the           2,007        

superintendent that the broker has complied with the requirements  2,008        

of this section and requests that the broker's license as a real   2,009        

estate broker be reactivated.                                      2,010        

      (2)  The superintendent then reactivates the broker's        2,012        

license as a real estate broker.                                   2,014        

      (3)  The associated real estate salesperson intends to       2,016        

continue to be associated with that broker, has complied with the  2,017        

requirements of this section, and otherwise is in compliance with  2,018        

this chapter.                                                      2,019        

      Any person whose license is reactivated pursuant to this     2,021        

division shall submit proof satisfactory to the superintendent     2,022        

that the person has completed thirty hours of continuing           2,023        

education, as prescribed by the Ohio real estate commission, on    2,024        

or before the third year following the licensee's birthday         2,025        

occurring immediately after reactivation.                          2,026        

      (E)  Any licensee who is a physically handicapped licensee   2,028        

at any time during the last three months of the third year of the  2,029        

licensee's continuing education reporting period may receive an    2,030        

extension of time to submit proof to the superintendent that the   2,031        

licensee has satisfactorily completed the required thirty hours    2,032        

of continuing education.  To receive an extension of time, the     2,033        

licensee shall submit a request to the division of real estate     2,034        

for the extension and proof satisfactory to the commission that    2,035        

the licensee was a physically handicapped licensee at some time    2,036        

                                                          47     


                                                                 
during the last three months of the three-year reporting period.   2,037        

The proof shall include, but is not limited to, a signed           2,038        

statement by the licensee's attending physician describing the     2,039        

physical disability, certifying that the licensee's disability is  2,040        

of such a nature as to prevent the licensee from attending any     2,041        

classroom instruction lasting at least three hours in duration,    2,042        

and stating the expected duration of the physical disability.      2,043        

The licensee shall request the extension and provide the           2,044        

physician's statement to the division no later than one month                   

prior to the end of the licensee's three-year continuing           2,045        

education reporting period, unless the physical disability did     2,046        

not arise until the last month of the three-year reporting         2,047        

period, in which event the licensee shall request the extension    2,048        

and provide the physician's statement as soon as practical after   2,049        

the occurrence of the physical disability.  A licensee granted an  2,050        

extension pursuant to this division who is no longer a physically  2,051        

handicapped licensee and who submits proof of completion of the    2,052        

continuing education during the extension period, shall submit,    2,053        

for future continuing education reporting periods, proof of        2,054        

completion of the continuing education requirements according to   2,055        

the schedule established in division (A) of this section.          2,056        

      Sec. 4735.15.  The fees for branch office licenses,          2,065        

transfers, certificates of continuation in business ANNUAL         2,066        

RENEWALS, late filings, and foreign real estate dealer and         2,068        

salesman SALESPERSON licenses shall be as follows:                 2,069        

      (A)  Branch office license, eight dollars;                   2,071        

      (B)  Transfer REACTIVATION OR TRANSFER of a broker's         2,073        

license into or out of a partnership, association, LIMITED         2,076        

LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, or corporation   2,077        

or from one partnership, association, LIMITED LIABILITY COMPANY,   2,079        

LIMITED LIABILITY PARTNERSHIP, or corporation to another           2,080        

partnership, association, LIMITED LIABILITY COMPANY, LIMITED       2,081        

LIABILITY PARTNERSHIP, or corporation, twenty-five dollars.  An    2,082        

application for such transfer shall be made to the superintendent  2,084        

                                                          48     


                                                                 
of real estate on forms provided by the superintendent.            2,085        

      (C)  Transfer REACTIVATION OR TRANSFER of a license by a     2,087        

real estate salesman SALESPERSON, twenty dollars;                  2,089        

      (D)  Certificate of continuation in the business ANNUAL      2,091        

RENEWAL of A real estate broker BROKER'S LICENSE, forty-nine       2,093        

dollars.  If the licensee is a partnership, association, LIMITED   2,096        

LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, or corporation,  2,097        

the full broker's continuation RENEWAL fee shall be required for   2,098        

each member of such partnership, association, LIMITED LIABILITY    2,101        

COMPANY, LIMITED LIABILITY PARTNERSHIP, or corporation that is a   2,102        

real estate broker.  If the real estate broker has not less than   2,104        

eleven nor more than twenty real estate salesmen SALESPERSONS      2,105        

associated with him THE BROKER, an additional fee of sixty-four    2,107        

dollars shall be assessed to the brokerage.  For every additional  2,108        

ten real estate salesmen SALESPERSONS or fraction of that number,  2,109        

the brokerage assessment fee shall be increased in the amount of   2,112        

thirty-seven dollars.                                              2,113        

      (E)  Certificate of continuation in business ANNUAL RENEWAL  2,115        

of real estate salesman SALESPERSON'S LICENSE, thirty-nine         2,117        

dollars;                                                                        

      (F)  Certificate of continuation in the business ANNUAL      2,119        

RENEWAL of A real estate broker BROKER'S or salesman               2,121        

SALESPERSON'S LICENSE filed within fifteen days TWELVE MONTHS      2,122        

after the thirty-first day of December LICENSEE'S RENEWAL DATE,    2,123        

an additional late filing penalty of fifty per cent of the         2,125        

required fee.;                                                                  

      (G)  Foreign real estate dealer's license and each annual    2,127        

renewal of the license, thirty dollars per salesman SALESPERSON    2,128        

employed by the dealer, but not less than one hundred fifty        2,130        

dollars;                                                                        

      (H)  Foreign real estate salesman's SALESPERSON'S license    2,132        

and each annual renewal of the license, fifty dollars.             2,133        

      All fees collected under this section shall be paid to the   2,135        

treasurer of state.  Four dollars of each such fee shall be        2,137        

                                                          49     


                                                                 
credited to the real estate education and research fund.           2,138        

      In all cases, the fee and any penalty shall accompany the    2,140        

application for THE license or, LICENSE transfer, OR LICENSE       2,142        

REACTIVATION or shall accompany the filing of the certificate of   2,143        

continuation in business ANNUAL RENEWAL.                                        

      The commission may establish by rule reasonable fees for     2,145        

services not otherwise established by this chapter.                2,146        

      Sec. 4735.16.  (A)  Every real estate broker licensed under  2,155        

this chapter shall have and maintain a definite place of business  2,156        

in this state and shall erect or maintain a sign on the premises   2,157        

plainly stating that the licensee is a real estate broker.  If     2,158        

the real estate broker maintains one or more branch offices, the   2,159        

real estate broker shall erect or maintain a sign at each branch   2,160        

office plainly stating that the licensee is a real estate broker.  2,161        

      (B)(1)  Any licensed real estate broker or salesperson who   2,163        

advertises to buy, sell, exchange, or lease real estate, OR TO     2,164        

ENGAGE IN ANY ACT REGULATED BY THIS CHAPTER, including, but not    2,165        

limited to, any licensed real estate broker or salesperson who     2,167        

advertises to sell, exchange, or lease real estate that the        2,169        

licensee owns, shall be identified in the advertisement by name    2,170        

and by indicating that the licensee is a real estate broker or     2,172        

real estate salesperson.  Except a real estate salesperson who     2,174        

advertises the sale, exchange, or lease of real estate that the    2,175        

salesperson owns and that is not listed for sale, exchange, or     2,176        

lease with a real estate broker, any real estate salesperson who   2,177        

advertises, as provided in this section, also shall indicate in    2,179        

the advertisement the name of the broker under whom the            2,181        

salesperson is licensed and the fact that the salesperson's        2,182        

broker is a real estate broker.  The name of the broker shall be   2,183        

displayed in equal prominence with the name of the salesperson in  2,184        

the advertisement.                                                 2,185        

      Any (2)  IF ANY real estate broker or real estate            2,187        

salesperson who advertises in a manner other than as provided in   2,189        

this section is guilty of violating OR THE RULES ADOPTED UNDER     2,190        

                                                          50     


                                                                 
THIS SECTION, THAT ADVERTISEMENT IS PRIMA FACIE EVIDENCE OF A      2,191        

VIOLATION UNDER division (A)(21) of section 4735.18 of the         2,192        

Revised Code.                                                      2,193        

      WHEN THE SUPERINTENDENT DETERMINES THAT PRIMA FACIE          2,195        

EVIDENCE OF A VIOLATION OF DIVISION (A)(21) OF SECTION 4735.18 OF  2,197        

THE REVISED CODE OR ANY OF THE RULES ADOPTED THEREUNDER EXISTS,    2,198        

THE SUPERINTENDENT MAY DO EITHER OF THE FOLLOWING:                 2,199        

      (a)  INITIATE DISCIPLINARY ACTION UNDER SECTION 4735.051 OF  2,201        

THE REVISED CODE FOR A VIOLATION OF DIVISION (A)(21) OF SECTION    2,203        

4735.18 OF THE REVISED CODE, IN ACCORDANCE WITH CHAPTER 119. OF    2,204        

THE REVISED CODE;                                                  2,205        

      (b)  PERSONALLY, OR BY CERTIFIED MAIL, SERVE A CITATION      2,207        

UPON THE LICENSEE.                                                 2,208        

      (C)(1)  EVERY CITATION SERVED UNDER THIS SECTION SHALL GIVE  2,210        

NOTICE TO THE LICENSEE OF THE ALLEGED VIOLATION OR VIOLATIONS      2,212        

CHARGED AND INFORM THE LICENSEE OF THE OPPORTUNITY TO REQUEST A    2,213        

HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.  THE  2,214        

CITATION ALSO SHALL CONTAIN A STATEMENT OF A FINE OF TWO HUNDRED   2,216        

DOLLARS PER VIOLATION, NOT TO EXCEED TWO THOUSAND FIVE HUNDRED     2,217        

DOLLARS PER CITATION.  ALL FINES COLLECTED PURSUANT TO THIS        2,218        

SECTION SHALL BE CREDITED TO THE REAL ESTATE RECOVERY FUND,        2,219        

CREATED IN THE STATE TREASURY UNDER SECTION 4735.12 OF THE         2,220        

REVISED CODE.                                                                   

      (2)  IF ANY LICENSEE IS CITED THREE TIMES WITHIN TWELVE      2,222        

CONSECUTIVE MONTHS, THE SUPERINTENDENT SHALL INITIATE              2,223        

DISCIPLINARY ACTION PURSUANT TO SECTION 4735.051 OF THE REVISED    2,224        

CODE FOR ANY SUBSEQUENT VIOLATION THAT OCCURS WITHIN THE SAME      2,225        

TWELVE-MONTH PERIOD.                                               2,226        

      (3)  IF A LICENSEE FAILS TO REQUEST A HEARING WITHIN THIRTY  2,228        

DAYS OF THE DATE OF SERVICE OF THE CITATION, OR THE LICENSEE AND   2,229        

THE SUPERINTENDENT FAIL TO REACH AN ALTERNATIVE AGREEMENT, THE     2,230        

CITATION SHALL BECOME FINAL.                                       2,231        

      (4)  UNLESS OTHERWISE INDICATED, THE LICENSEE NAMED IN A     2,233        

FINAL CITATION MUST MEET ALL REQUIREMENTS CONTAINED IN THE FINAL   2,234        

                                                          51     


                                                                 
CITATION WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THAT          2,235        

CITATION.                                                                       

      (5)  THE SUPERINTENDENT SHALL SUSPEND AUTOMATICALLY A        2,237        

LICENSEE'S LICENSE IF THE LICENSEE FAILS TO COMPLY WITH DIVISION   2,238        

(C)(4) OF THIS SECTION.                                            2,239        

      (D)  A real estate broker or salesperson obtaining the       2,241        

signature of a party to a listing or other agreement involved in   2,242        

a real estate transaction shall furnish a copy of the listing or   2,243        

other agreement to the party immediately after obtaining the       2,244        

party's signature.  Every broker's office shall prominently        2,245        

display in the same immediate area as licenses are displayed a     2,246        

statement that it is illegal to discriminate against any person    2,247        

because of race, color, religion, sex, familial status as defined  2,248        

in section 4112.01 of the Revised Code, national origin,           2,249        

disability as defined in that section, or ancestry in the sale or  2,251        

rental of housing or residential lots, in advertising the sale or  2,252        

rental of housing, in the financing of housing, or in the          2,253        

provision of real estate brokerage services and that blockbusting  2,254        

also is illegal.  The statement shall bear the United States       2,255        

department of housing and urban development equal housing logo,    2,256        

shall contain the information that the broker and the broker's     2,257        

salespersons are licensed by the division of real estate and that  2,258        

the division can assist with any consumer complaints or            2,259        

inquiries, and shall explain the provisions of section 4735.12 of  2,261        

the Revised Code.  The statement shall provide the division's      2,262        

address and telephone number.  The Ohio real estate commission     2,263        

shall provide by rule for the wording and size of the statement.   2,264        

The pamphlet required under section 4735.03 of the Revised Code    2,265        

shall contain the same statement that is required on the           2,266        

statement displayed as provided in this section and shall be made  2,267        

available by real estate brokers and salespersons to their         2,268        

clients.  The commission shall provide the wording and size of     2,269        

the pamphlet.                                                                   

      Sec. 4735.18.  (A)  Subject to section 4735.32 of the        2,279        

                                                          52     


                                                                 
Revised Code, the superintendent of real estate, upon the          2,280        

superintendent's own motion, may investigate the conduct of any    2,281        

licensee.  Subject to section 4735.32 of the Revised Code, the     2,282        

Ohio real estate commission shall, pursuant to section 4735.051    2,283        

of the Revised Code, impose disciplinary sanctions upon any        2,284        

licensee who, whether or not acting in the licensee's capacity as  2,285        

a real estate broker or salesperson, or in handling the                         

licensee's own property, is found to have been convicted of a      2,287        

felony or a crime of moral turpitude, and shall, pursuant to                    

section 4735.051 of the Revised Code, impose disciplinary          2,288        

sanctions upon any licensee who, in the licensee's capacity as a   2,289        

real estate broker or salesperson, or in handling the licensee's   2,290        

own property, is found guilty of:                                  2,291        

      (1)  Knowingly making any misrepresentation;                 2,293        

      (2)  Making any false promises with intent to influence,     2,295        

persuade, or induce;                                               2,296        

      (3)  A continued course of misrepresentation or the making   2,298        

of false promises through agents, salespersons, advertising, or    2,299        

otherwise;                                                                      

      (4)  Acting for more than one party in a transaction except  2,302        

as permitted by and in compliance with section 4735.71 of the                   

Revised Code;                                                      2,303        

      (5)  Failure within a reasonable time to account for or to   2,305        

remit any money coming into the licensee's possession which        2,306        

belongs to others;                                                 2,307        

      (6)  Dishonest or illegal dealing, gross negligence,         2,309        

incompetency, or misconduct;                                       2,310        

      (7)(a)  By final adjudication by a court, a violation of     2,312        

any municipal or federal civil rights law relevant to the          2,313        

protection of purchasers or sellers of real estate or, by final    2,314        

adjudication by a court, any unlawful discriminatory practice      2,315        

pertaining to the purchase or sale of real estate prohibited by    2,316        

Chapter 4112. of the Revised Code, provided that such violation    2,317        

arose out of a situation wherein parties were engaged in bona      2,318        

                                                          53     


                                                                 
fide efforts to purchase, sell, or lease real estate, in the       2,319        

licensee's practice as a licensed real estate broker or            2,320        

salesperson;                                                                    

      (b)  A second or subsequent violation of any unlawful        2,322        

discriminatory practice pertaining to the purchase or sale of      2,323        

real estate prohibited by Chapter 4112. of the Revised Code or     2,324        

any second or subsequent violation of municipal or federal civil   2,325        

rights laws relevant to purchasing or selling real estate whether  2,326        

or not there has been a final adjudication by a court, provided    2,327        

that such violation arose out of a situation wherein parties were  2,328        

engaged in bona fide efforts to purchase, sell, or lease real      2,329        

estate.  For any second offense under this division, the           2,330        

commission shall suspend for a minimum of two months or revoke     2,331        

the license of the broker or salesperson.  For any subsequent      2,332        

offense, the commission shall revoke the license of the broker or  2,333        

salesperson.                                                       2,334        

      (8)  Procuring a license under this chapter, for the         2,336        

licensee or any salesperson by fraud, misrepresentation, or        2,337        

deceit;                                                                         

      (9)  Having violated or failed to comply with any provision  2,339        

of sections 4735.51 to 4735.74 of the Revised Code or having       2,340        

willfully disregarded or violated any other provisions of this     2,341        

chapter;                                                                        

      (10)  As a real estate broker, having demanded, without      2,343        

reasonable cause, other than from a broker licensed under this     2,346        

chapter, a commission to which the licensee is not entitled, or,   2,347        

as a real estate salesperson, having demanded, without reasonable  2,350        

cause, a commission to which the licensee is not entitled;                      

      (11)  Having paid commissions or fees to, or divided         2,352        

commissions or fees with, anyone not licensed as a real estate     2,353        

broker or salesperson;                                             2,354        

      (12)  Having falsely represented membership in any real      2,356        

estate professional association of which the licensee is not a     2,357        

member;                                                            2,358        

                                                          54     


                                                                 
      (13)  Having accepted, given, or charged any undisclosed     2,360        

commission, rebate, or direct profit on expenditures made for a    2,361        

principal;                                                         2,362        

      (14)  Having offered anything of value other than the        2,364        

consideration recited in the sales contract as an inducement to a  2,365        

person to enter into a contract for the purchase or sale of real   2,366        

estate or having offered real estate or the improvements on real   2,367        

estate as a prize in a lottery or scheme of chance;                2,368        

      (15)  Having acted in the dual capacity of real estate       2,370        

broker and undisclosed principal, or real estate salesperson and   2,372        

undisclosed principal, in any transaction;                                      

      (16)  Having guaranteed, authorized, or permitted any        2,374        

person to guarantee future profits which may result from the       2,375        

resale of real property or cemetery interment rights;              2,376        

      (17)  Having placed a sign on any property offering it for   2,378        

sale or for rent without the consent of the owner or the owner's   2,379        

authorized agent;                                                  2,380        

      (18)  Having induced any party to a contract of sale or      2,382        

lease to break such contract for the purpose of substituting in    2,383        

lieu of it a new contract with another principal;                  2,384        

      (19)  Having negotiated the sale, exchange, or lease of any  2,386        

real property directly with an owner, purchaser, lessor, or        2,387        

tenant knowing that such owner, purchaser, lessor, or tenant had   2,388        

a written outstanding contract granting exclusive agency in        2,389        

connection with such property to another real estate broker;       2,390        

      (20)  Having offered real property for sale or for lease     2,392        

without the knowledge and consent of the owner or the owner's      2,393        

authorized agent, or on any terms other than those authorized by   2,394        

the owner or the owner's authorized agent;                         2,395        

      (21)  Having published advertising, whether printed, radio,  2,397        

display, or of any other nature, which was misleading or           2,398        

inaccurate in any material particular, or in any way having        2,399        

misrepresented any properties, terms, values, policies, or         2,400        

services of the business conducted;                                2,401        

                                                          55     


                                                                 
      (22)  Having knowingly withheld from or inserted in any      2,403        

statement of account or invoice any statement that made it         2,404        

inaccurate in any material particular;                             2,405        

      (23)  Having published or circulated unjustified or          2,407        

unwarranted threats of legal proceedings which tended to or had    2,408        

the effect of harassing competitors or intimidating their          2,409        

customers;                                                         2,410        

      (24)  Having failed to keep complete and accurate records    2,412        

of all transactions for a period of three years from the date of   2,413        

the transaction, such records to include copies of listing forms,  2,414        

earnest money receipts, offers to purchase and acceptances of      2,415        

them, and records of receipts and disbursements of all funds       2,416        

received by the licensee as broker and incident to the licensee's  2,417        

transactions as such, and any other instruments or papers related  2,419        

to the performance of any of the acts set forth in the definition  2,420        

of a real estate broker;                                           2,421        

      (25)  Failure of a real estate broker or salesperson to      2,423        

furnish all parties involved in a real estate transaction true     2,424        

copies of all listings and other agreements to which they are a    2,425        

party, at the time each party signs them;                          2,426        

      (26)  Failure to maintain at all times a special or trust    2,428        

bank account in a depository located in this state.  The account   2,429        

shall be noninterest-bearing, separate and distinct from any       2,430        

personal or other account of the broker, and, except as provided   2,432        

in division (A)(27) of this section, shall be used for the                      

deposit and maintenance of all escrow funds, security deposits,    2,433        

and other moneys received by the broker in a fiduciary capacity.   2,434        

The name, account number, if any, and location of the depository   2,435        

wherein such special or trust account is maintained shall be       2,436        

submitted in writing to the superintendent.  Checks drawn on such  2,437        

special or trust bank accounts are deemed to meet the conditions   2,438        

imposed by section 1349.21 of the Revised Code.                                 

      (27)  Failure to maintain at all times a special or trust    2,440        

bank account in a depository in this state, to be used             2,441        

                                                          56     


                                                                 
exclusively for the deposit and maintenance of all rents,          2,442        

security deposits, escrow funds, and other moneys received by the  2,443        

broker in a fiduciary capacity in the course of managing real                   

property.  This account shall be separate and distinct from any    2,444        

other account maintained by the broker.  The name, account         2,445        

number, and location of the depository shall be submitted in       2,446        

writing to the superintendent.  This account may earn interest,    2,447        

which shall be paid to the property owners on a pro rata basis.    2,448        

      Division (A)(27) of this section does not apply to brokers   2,450        

who are not engaged in the management of real property on behalf   2,451        

of real property owners.                                           2,452        

      (28)  Having failed to put definite expiration dates in all  2,454        

written agency agreements to which the broker is a party;          2,455        

      (29)  Having an unsatisfied final judgment in any court of   2,457        

record against the licensee arising out of the licensee's conduct  2,459        

as a licensed broker or salesperson;                                            

      (30)  Failing to render promptly upon demand a full and      2,461        

complete statement of the expenditures by the broker or            2,462        

salesperson of funds advanced by or on behalf of a party to a      2,463        

real estate transaction to the broker or salesperson for the       2,464        

purpose of performing duties as a licensee under this chapter in   2,465        

conjunction with the real estate transaction;                      2,466        

      (31)  Failure within a reasonable time, after the receipt    2,468        

of the commission by the broker, to render an accounting to and    2,469        

pay a real estate salesperson the salesperson's earned share of    2,470        

it;                                                                             

      (32)  Failure to notify the real estate salesperson that     2,472        

the licensee does not intend to list such salesperson on the       2,473        

continuation in business form;                                     2,474        

      (33)  Performing any service for another constituting the    2,476        

practice of law, as determined by any court of law;                2,477        

      (34)(33)  Having been adjudicated incompetent for the        2,479        

purpose of holding the license by a court, as provided in section  2,480        

5122.301 of the Revised Code.  A license revoked or suspended      2,481        

                                                          57     


                                                                 
under this division shall be reinstated REACTIVATED upon proof to  2,483        

the commission of the removal of the disability.                                

      (35)(34)  Having authorized or permitted a person to act as  2,485        

an agent in the capacity of a real estate broker, or a real        2,486        

estate salesperson, who was not then licensed as a real estate     2,487        

broker or real estate salesperson under this chapter;              2,488        

      (35)  HAVING KNOWINGLY INSERTED OR PARTICIPATED IN           2,490        

INSERTING ANY MATERIALLY INACCURATE TERM IN A DOCUMENT, INCLUDING  2,491        

NAMING A FALSE CONSIDERATION;                                                   

      (36)  HAVING FAILED TO INFORM THE LICENSEE'S CLIENT OF THE   2,493        

EXISTENCE OF AN OFFER OR COUNTER OFFER OR HAVING FAILED TO         2,494        

PRESENT AN OFFER OR COUNTER OFFER IN A TIMELY MANNER, UNLESS       2,495        

OTHERWISE INSTRUCTED BY THE CLIENT, PROVIDED THE INSTRUCTION OF    2,496        

THE CLIENT DOES NOT CONFLICT WITH ANY STATE OR FEDERAL LAW.                     

      (B)  Whenever the commission, pursuant to section 4735.051   2,498        

of the Revised Code, imposes disciplinary sanctions for any        2,499        

violation of this section, the commission also may impose such     2,500        

sanctions upon the broker with whom the salesperson is affiliated  2,501        

if the commission finds that the broker had knowledge of the       2,502        

salesperson's actions that violated this section.                               

      (C)  The commission shall, pursuant to section 4735.051 of   2,504        

the Revised Code, impose disciplinary sanctions upon any foreign   2,505        

real estate dealer or salesperson who, in that capacity or in      2,506        

handling the dealer's or salesperson's own property, is found      2,507        

guilty of any of the acts or omissions specified or comprehended   2,508        

in division (A) of this section insofar as the acts or omissions                

pertain to foreign real estate.  If the commission imposes such    2,509        

sanctions upon a foreign real estate salesperson for a violation   2,510        

of this section, the commission also may suspend or revoke the     2,511        

license of the foreign real estate dealer with whom the            2,512        

salesperson is affiliated if the commission finds that the dealer  2,513        

had knowledge of the salesperson's actions that violated this      2,514        

section.                                                                        

      (D)  The commission may suspend, in whole or in part, the    2,516        

                                                          58     


                                                                 
imposition of the penalty of suspension of a license under this    2,517        

section.                                                           2,518        

      (E)  The commission immediately shall notify the real        2,520        

estate appraiser board of any disciplinary action taken under      2,521        

this section against a licensee who also is a state-certified      2,522        

real estate appraiser under Chapter 4763. of the Revised Code.     2,523        

      Sec. 4735.25.  (A)(1)  No person, other than an actual bona  2,532        

fide owner selling for his THE OWNER'S own account in a single     2,533        

transaction and not by way of repeated or successive               2,534        

transactions, or a person excepted from obtaining a license under  2,535        

section 4735.01 of the Revised Code, shall sell, lease, or         2,536        

otherwise deal in this state in any foreign real estate unless     2,537        

the person has qualified the foreign real estate pursuant to this  2,538        

section and unless one of the following applies:                   2,539        

      (a)  The person was licensed under section 1707.15 or        2,541        

1707.16 prior to October 14, 1969;                                 2,542        

      (b)  The person was licensed as a foreign real estate        2,544        

dealer or salesman SALESPERSON under former section 1707.331 of    2,545        

the Revised Code prior to the effective date of this section, but  2,546        

only until the expiration date of the license;                     2,547        

      (c)  The person is licensed under section 4735.27 or         2,549        

4735.28 of the Revised Code.                                       2,550        

      (2)  A licensed foreign real estate dealer or licensed       2,552        

foreign real estate salesman SALESPERSON who is acting in a        2,553        

fiduciary capacity for a bona fide owner of foreign real estate    2,555        

in the sale or lease of that real estate, or who is otherwise      2,556        

dealing in foreign real estate in a fiduciary capacity for its     2,557        

bona fide owner, in a single transaction and not by way of         2,558        

repeated or successive transactions for that owner, need not       2,559        

qualify such real estate under this section.                       2,560        

      (B)  Any person, other than one of the excepted persons      2,562        

under division (A) of this section, desiring to sell, lease, or    2,563        

otherwise deal in any foreign real estate shall file an            2,564        

application with the superintendent of real estate in the form     2,565        

                                                          59     


                                                                 
the superintendent prescribes, which application shall set forth   2,566        

the following:                                                     2,567        

      (1)  An exact description of the foreign real estate sought  2,569        

to be sold, leased, or dealt in;                                   2,570        

      (2)  A map or plat prepared by a competent surveyor showing  2,572        

the boundaries and dimensions of the foreign real estate and all   2,573        

lots or subdivisions of it;                                        2,574        

      (3)  The names of the owners of the foreign real estate,     2,576        

with a detailed statement showing the financial responsibility of  2,577        

each owner, together with the post office address of each,         2,578        

including street numbers or another pertinent description; and if  2,579        

any such owner is a corporation or association, a copy of its      2,580        

articles or certificate of incorporation or of the agreement by    2,581        

which it was created, unless a copy is already on file in the      2,582        

office of the secretary of state, together with proof that it is   2,583        

qualified to do business in this state, if it is a foreign         2,584        

corporation;                                                       2,585        

      (4)  A list and description of all liens and encumbrances    2,587        

on the foreign real estate;                                        2,588        

      (5)  A full description of all improvements or developments  2,590        

of every nature to be made or promised to be made on the foreign   2,591        

real estate, the cost of the improvements or developments, and     2,592        

the security, if any, for their completion;                        2,593        

      (6)  A copy of any building restrictions or other            2,595        

restrictions upon the use of the foreign real estate;              2,596        

      (7)  A copy, description, or plan showing the form of        2,598        

contract, method, and terms of sale, lease, or other dealing to    2,599        

be used in connection with the foreign real estate;                2,600        

      (8)  A list or schedule of all sales prices of the foreign   2,602        

real estate;                                                       2,603        

      (9)  A list or schedule of all commissions, allowances, or   2,605        

compensations in any form that have been arranged or agreed to be  2,606        

paid to the applicant, and to any dealers or salesmen              2,607        

SALESPERSONS, by the owner or by any person interested in the      2,608        

                                                          60     


                                                                 
foreign real estate;                                               2,609        

      (10)  Other information that the superintendent requires.    2,611        

      (C)  All the statements, exhibits, and documents required    2,613        

by the superintendent under this section, except properly          2,614        

certified public documents, shall be verified by the oath of the   2,615        

applicant or of any person having knowledge of the facts, and in   2,616        

such manner and form as required by the superintendent.  Failure   2,617        

to comply with the requests of the superintendent in this regard   2,618        

shall be a sufficient reason for a refusal by the superintendent   2,619        

to qualify the foreign real estate.                                2,620        

      (D)  Upon filing the application, the applicant shall pay    2,622        

to the superintendent a filing fee of five hundred dollars plus    2,623        

an additional one dollar for each lot, unit, parcel, or interest   2,624        

included in the offering, with the aggregate fee not to exceed     2,625        

two thousand five hundred dollars, and shall deposit with the      2,626        

superintendent a sum the superintendent may require for the        2,627        

purpose of defraying the cost of verifying the statements of the   2,628        

applicant, or for the purpose of determining that the provisions   2,629        

of this chapter have been and will be complied with and that the   2,630        

foreign real estate will not be sold, leased, or dealt in within   2,631        

this state on grossly unfair terms, or in a method or on terms     2,632        

that might defraud or deceive purchasers in this state.            2,633        

      (E)  The superintendent, through the division of real        2,635        

estate OR THE SUPERINTENDENT'S DESIGNEE EMPLOYED BY THE            2,636        

DEPARTMENT OF COMMERCE, may inspect and examine the foreign real   2,637        

estate or investigate the applicant or the persons interested in,  2,638        

dealing in, or selling, the foreign real estate.  The actual cost  2,639        

of the inspection or examination, including the proper proportion  2,640        

of the salaries of employees of the division of real estate who    2,641        

conduct it, shall be paid by the applicant and may be retained by  2,642        

the superintendent out of any deposit.  An itemized statement of   2,643        

such cost shall be furnished to the applicant.                     2,644        

      (F)  In order either to prevent fraud in the sale of         2,646        

foreign real estate or to provide security for the performance of  2,647        

                                                          61     


                                                                 
agreements to make improvements on it, the superintendent may      2,648        

require all payments for the foreign real estate to be made to a   2,649        

bank in this state, and to be impounded in that bank and held in   2,650        

escrow upon the terms the superintendent reasonably requires.      2,651        

      (G)  If the superintendent is of the opinion that the        2,653        

proposed sale, lease, or disposal is not on grossly unfair terms,  2,654        

that the provisions of this chapter have been complied with, and   2,655        

that the foreign real estate will not be sold, leased, or dealt    2,656        

in, in a method or on terms that might defraud or deceive persons  2,657        

in this state, he THE SUPERINTENDENT shall allow the               2,658        

qualification of the foreign real estate for sale, lease, or       2,660        

other disposition on the terms stated in the application or on     2,661        

other terms, calculated to prevent fraud or deception, the         2,662        

superintendent approves.                                                        

      Section 2.  That existing sections 4735.01, 4735.02,         2,664        

4735.03, 4735.05, 4735.051, 4735.06, 4735.07, 4735.08, 4735.09,    2,665        

4735.10, 4735.11, 4735.12, 4735.13, 4735.14, 4735.141, 4735.15,    2,666        

4735.16, 4735.18, and 4735.25 of the Revised Code are hereby       2,668        

repealed.                                                                       

      Section 3.  Notwithstanding section 4735.141 of the Revised  2,670        

Code as amended by this act, all persons licensed under sections   2,671        

4735.07 and 4735.09 of the Revised Code before January 1, 2001,    2,672        

shall submit proof satisfactory to the Superintendent of Real      2,673        

Estate that the licensee has satisfactorily completed continuing   2,674        

education, as prescribed by the Ohio Real Estate Commission                     

pursuant to section 4735.10 of the Revised Code and as to the      2,676        

number of hours required under section 4735.141 of the Revised     2,677        

Code, as that section existed prior to this act, in accordance     2,678        

with the appropriate time period, as follows:                                   

      (A)  For continuing education that, under section 4735.141   2,680        

of the Revised Code, as it existed prior to this act, would have   2,682        

been due in the year 2001, on or before the licensee's birthday    2,683        

in the year 2002, and on or before the licensee's birthday every   2,684        

three years thereafter;                                                         

                                                          62     


                                                                 
      (B)  For continuing education that, under section 4735.141   2,686        

of the Revised Code, as it existed prior to this act, would have   2,688        

been due in the year 2002, on or before the licensee's birthday    2,689        

in the year 2003, and on or before the licensee's birthday every   2,690        

three years thereafter;                                                         

      (C)  For continuing education that, under section 4735.141   2,692        

of the Revised Code, as it existed prior to this act, would have   2,694        

been due in the year 2003, on or before the licensee's birthday    2,695        

in the year 2004, and on or before the licensee's birthday every   2,696        

three years thereafter.                                                         

      Section 4.  Notwithstanding section 4735.14 of the Revised   2,698        

Code, for the license renewal period beginning January 1, 2001,    2,699        

and ending December 31, 2001, licensees shall pay prorated         2,701        

license renewal fees on or before the licensee's birthday in the   2,702        

year 2001.  Beginning January 1, 2002, and every year thereafter,  2,703        

license renewal fees shall be paid on or before the licensee's     2,704        

birthday in the amount specified in section 4735.14 of the         2,705        

Revised Code.  The prorated license renewal fee shall be paid as   2,706        

follows:                                                                        

                                                Salesperson        2,709        

                        Broker license          license renewal    2,710        

Month of birth          renewal fee             fee                2,711        

January                      $49.00                  $39.00        2,714        

February                     $53.00                  $42.00        2,715        

March                        $57.00                  $45.00        2,716        

April                        $61.00                  $48.00        2,717        

May                          $65.00                  $51.00        2,718        

June                         $69.00                  $54.00        2,719        

July                         $73.00                  $57.00        2,720        

August                       $77.00                  $60.00        2,721        

September                    $81.00                  $63.00        2,722        

October                      $85.00                  $66.00        2,723        

November                     $89.00                  $69.00        2,724        

December                     $93.00                  $72.00        2,725        

                                                          63     


                                                                 
      Section 5.  Sections 4735.07 and 4735.141 of the Revised     2,728        

Code are presented in this act as composites of the sections as    2,730        

amended by both Am. Sub. H.B. 18 and Am. Sub. H.B. 283 of the      2,731        

123rd General Assembly, with the new language of neither of the    2,732        

acts shown in capital letters.  This is in recognition of the      2,733        

principle stated in division (B) of section 1.52 of the Revised    2,734        

Code that such amendments are to be harmonized where not           2,735        

substantively irreconcilable and constitutes a legislative         2,736        

finding that such is the resulting version in effect prior to the  2,737        

effective date of this act.