As Passed by the House

125th General Assembly Regular Session 2003-2004

Am. Sub. S. B. No. 209

Senators Mumper, Austria, Harris, White 

Representatives Aslanides, Gibbs, Book, Carmichael, Domenick, C. Evans, Niehaus, Schlichter, Setzer, Walcher, Widener, Collier, T. Patton 

---

A BILL

To amend sections 505.94, 1321.20, 2925.01, 4517.02,

1

4707.01, 4707.02, 4707.021, 4707.03, 4707.04,

2

4707.05, 4707.06, 4707.07, 4707.071, 4707.072,

3

4707.08, 4707.09, 4707.10, 4707.11, 4707.111,

4

4707.12, 4707.14, 4707.15, 4707.151, 4707.16,

5

4707.171, 4707.18 to 4707.22, 4707.26, 4707.99,

6

4727.03, 4727.04, and 4727.06 and to enact

7

sections 4707.022, 4707.023, 4707.024, 4707.073,

8

4707.074, 4707.091, and 4707.32 of the Revised

9

Code to revise the Auctioneers Law and to modify

10

the Pawnbrokers Law with respect to license

11

renewal and fees.

12

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

Section 1. That sections 505.94, 1321.20, 2925.01, 4517.02,	13
4707.01, 4707.02, 4707.021, 4707.03, 4707.04, 4707.05, 4707.06,	14
4707.07, 4707.071, 4707.072, 4707.08, 4707.09, 4707.10, 4707.11,	15
4707.111, 4707.12, 4707.14, 4707.15, 4707.151, 4707.16, 4707.171,	16
4707.18, 4707.19, 4707.20, 4707.21, 4707.22, 4707.26, 4707.99,	17
4727.03, 4727.04, and 4727.06 be amended and sections 4707.022,	18
4707.023, 4707.024, 4707.073, 4707.074, 4707.091, and 4707.32 of	19
the Revised Code be enacted to read as follows:	20

Sec. 505.94.  (A) A board of township trustees may, by	21
resolution, require the registration of all transient vendors	22
within the unincorporated territory of the township and may	23
regulate the time, place, and manner in which these vendors may	24
sell, offer for sale, or solicit orders for future delivery of	25
goods, or the board may, by resolution, prohibit these activities	26
within that territory. If the board requires the registration of	27
all transient vendors, it may establish a reasonable registration	28
fee, not to exceed seventy-five dollars for a registration period,	29
and this registration shall be valid for a period of at least	30
ninety days after the date of registration. Any board of township	31
trustees that provides for the registration and regulation, or	32
prohibition, of transient vendors under this section shall notify	33
the prosecuting attorney of the county in which the township is	34
located of its registration and regulatory requirements or	35
prohibition. No transient vendor shall fail to register or to	36
comply with regulations or prohibitions established by a board of	37
township trustees under this division.	38

This division does not authorize a board of township trustees	39
to apply a resolution it adopts under this division to any person	40
invited by an owner or tenant to visit the owner's or tenant's	41
premises to sell, offer for sale, or solicit orders for future	42
delivery of goods.	43

(B) As used in this section:

44

(1) "Goods" means goods, wares, services, merchandise,	45
periodicals, and other articles or publications.	46

(2) "Transient vendor" means any person who opens a temporary	47
place of business for the sale of goods or who, on the streets or	48
while traveling about the township, either sells or offers for	49
sale goods, or solicits orders for future delivery of goods where	50
payment is required prior to the delivery of the goods. "Transient	51
vendor" does not include any person who represents any entity	52
exempted from taxation under section 5709.04 of the Revised Code,	53
that notifies the board of township trustees that its	54
representatives are present in the township for the purpose of	55
either selling or offering for sale goods, or soliciting orders	56
for future delivery of goods, and does not include an auction or	57
an auctioneer companya person licensed under Chapter 4707. of the	58
Revised Code.	59

Sec. 1321.20.  (A) Every person licensed or registered under	60
this chapter shall pay to the superintendent of financial	61
institutions, prior to the last day of June, an annual license or	62
certificate of registration fee. On or about the fifteenth day of	63
April of each year, the superintendent shall determine the license	64
or certificate fees to be charged, pursuant to sections 1321.03,	65
1321.05, 1321.53, and 1321.73 of the Revised Code. Such	66
determination shall be made by dividing the appropriation for the	67
consumer finance section of the division of financial institutions	68
for the current fiscal year by the number of licenses and	69
certificates issued as of the date of the computation. In no event	70
shall the amount of the fee exceed three hundred dollars, except	71
that the maximum fee which may be charged insurance premium	72
finance companies licensed under section 1321.73 of the Revised	73
Code shall not exceed three hundred seventy-five dollars. Prior to	74
the first day of June of each year, the superintendent shall	75
inform each person licensed or registered under this chapter of	76
the amount of the license or certificate fee for the succeeding	77
fiscal year as determined by this section.	78

(B)(1) Each person licensed under Chapter 4727. of the	79
Revised Code who is subject to annual license renewal under	80
division (E)(1) of section 4727.03 of the Revised Code shall,	81
prior to the last day of June, shall pay to the superintendent a	82
fee equal to twice the amount of the fee determined by the	83
superintendent pursuant to division (A) of this section. However,	84
in no event shall the amount of the fee exceed three hundred	85
dollars.	86

(2) Each person licensed under Chapter 4727. of the Revised	87
Code who is subject to biennial license renewal under division	88
(E)(2) of section 4727.03 of the Revised Code shall, prior to the	89
date the license expires, pay to the superintendent a fee equal to	90
four times the amount of the fee determined by the superintendent	91
pursuant to division (A) of this section. However, in no event	92
shall the amount of the fee exceed six hundred dollars.	93

(C) The fee for a license or certificate issued pursuant to	94
Chapter 1321., 4727., or 4728. of the Revised Code after the first	95
day of January in any fiscalof the year the license or	96
certificate expires shall be equal to one-half the amount	97
determined according to divisions (A) and (B) of this section or	98
in accordance with section 4728.03 of the Revised Code.	99

(D) If the renewal fees billed by the superintendent pursuant	100
to divisions (A) and (B) of this section are less than the	101
estimated expenditures of the consumer finance section of the	102
division of financial institutions, as determined by the	103
superintendent, for the following fiscal year, the superintendent	104
may assess each person licensed pursuant to section 1321.04 or	105
registered pursuant to section 1321.53 of the Revised Code at a	106
rate sufficient to equal in the aggregate the difference between	107
the renewal fees billed and the estimated expenditures. Each	108
person shall pay the assessed amount to the superintendent prior	109
to the last day of June. In no case shall the assessment exceed	110
ten cents per each one hundred dollars of interest (excluding	111
charge-off recoveries), points, loan origination charges, and	112
credit line charges collected by that person during the previous	113
calendar year. If an assessment is imposed under this division, it	114
shall not be less than two hundred fifty dollars per licensee or	115
registrant and shall not exceed thirty thousand dollars less the	116
total renewal fees paid pursuant to division (A) of this section	117
by each licensee or registrant.	118

Sec. 2925.01.  As used in this chapter:

119

(A) "Administer," "controlled substance," "dispense,"	120
"distribute," "hypodermic," "manufacturer," "official written	121
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	122
"schedule II," "schedule III," "schedule IV," "schedule V," and	123
"wholesaler" have the same meanings as in section 3719.01 of the	124
Revised Code.	125

(B) "Drug dependent person" and "drug of abuse" have the same	126
meanings as in section 3719.011 of the Revised Code.	127

(C) "Drug," "dangerous drug," "licensed health professional	128
authorized to prescribe drugs," and "prescription" have the same	129
meanings as in section 4729.01 of the Revised Code.	130

(D) "Bulk amount" of a controlled substance means any of the	131
following:	132

(1) For any compound, mixture, preparation, or substance	133
included in schedule I, schedule II, or schedule III, with the	134
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	135
except as provided in division (D)(2) or (5) of this section,	136
whichever of the following is applicable:	137

(a) An amount equal to or exceeding ten grams or twenty-five	138
unit doses of a compound, mixture, preparation, or substance that	139
is or contains any amount of a schedule I opiate or opium	140
derivative;	141

(b) An amount equal to or exceeding ten grams of a compound,	142
mixture, preparation, or substance that is or contains any amount	143
of raw or gum opium;	144

(c) An amount equal to or exceeding thirty grams or ten unit	145
doses of a compound, mixture, preparation, or substance that is or	146
contains any amount of a schedule I hallucinogen other than	147
tetrahydrocannabinol or lysergic acid amide, or a schedule I	148
stimulant or depressant;	149

(d) An amount equal to or exceeding twenty grams or five	150
times the maximum daily dose in the usual dose range specified in	151
a standard pharmaceutical reference manual of a compound, mixture,	152
preparation, or substance that is or contains any amount of a	153
schedule II opiate or opium derivative;	154

(e) An amount equal to or exceeding five grams or ten unit	155
doses of a compound, mixture, preparation, or substance that is or	156
contains any amount of phencyclidine;	157

(f) An amount equal to or exceeding one hundred twenty grams	158
or thirty times the maximum daily dose in the usual dose range	159
specified in a standard pharmaceutical reference manual of a	160
compound, mixture, preparation, or substance that is or contains	161
any amount of a schedule II stimulant that is in a final dosage	162
form manufactured by a person authorized by the "Federal Food,	163
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	164
amended, and the federal drug abuse control laws, as defined in	165
section 3719.01 of the Revised Code, that is or contains any	166
amount of a schedule II depressant substance or a schedule II	167
hallucinogenic substance;	168

(g) An amount equal to or exceeding three grams of a	169
compound, mixture, preparation, or substance that is or contains	170
any amount of a schedule II stimulant, or any of its salts or	171
isomers, that is not in a final dosage form manufactured by a	172
person authorized by the Federal Food, Drug, and Cosmetic Act and	173
the federal drug abuse control laws.	174

(2) An amount equal to or exceeding one hundred twenty grams	175
or thirty times the maximum daily dose in the usual dose range	176
specified in a standard pharmaceutical reference manual of a	177
compound, mixture, preparation, or substance that is or contains	178
any amount of a schedule III or IV substance other than an	179
anabolic steroid or a schedule III opiate or opium derivative;	180

(3) An amount equal to or exceeding twenty grams or five	181
times the maximum daily dose in the usual dose range specified in	182
a standard pharmaceutical reference manual of a compound, mixture,	183
preparation, or substance that is or contains any amount of a	184
schedule III opiate or opium derivative;	185

(4) An amount equal to or exceeding two hundred fifty	186
milliliters or two hundred fifty grams of a compound, mixture,	187
preparation, or substance that is or contains any amount of a	188
schedule V substance;	189

(5) An amount equal to or exceeding two hundred solid dosage	190
units, sixteen grams, or sixteen milliliters of a compound,	191
mixture, preparation, or substance that is or contains any amount	192
of a schedule III anabolic steroid.	193

(E) "Unit dose" means an amount or unit of a compound,	194
mixture, or preparation containing a controlled substance that is	195
separately identifiable and in a form that indicates that it is	196
the amount or unit by which the controlled substance is separately	197
administered to or taken by an individual.	198

(F) "Cultivate" includes planting, watering, fertilizing, or	199
tilling.	200

(G) "Drug abuse offense" means any of the following:

201

(1) A violation of division (A) of section 2913.02 that	202
constitutes theft of drugs, or a violation of section 2925.02,	203
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	204
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	205
2925.37 of the Revised Code;	206

(2) A violation of an existing or former law of this or any	207
other state or of the United States that is substantially	208
equivalent to any section listed in division (G)(1) of this	209
section;	210

(3) An offense under an existing or former law of this or any	211
other state, or of the United States, of which planting,	212
cultivating, harvesting, processing, making, manufacturing,	213
producing, shipping, transporting, delivering, acquiring,	214
possessing, storing, distributing, dispensing, selling, inducing	215
another to use, administering to another, using, or otherwise	216
dealing with a controlled substance is an element;	217

(4) A conspiracy to commit, attempt to commit, or complicity	218
in committing or attempting to commit any offense under division	219
(G)(1), (2), or (3) of this section.	220

(H) "Felony drug abuse offense" means any drug abuse offense	221
that would constitute a felony under the laws of this state, any	222
other state, or the United States.	223

(I) "Harmful intoxicant" does not include beer or	224
intoxicating liquor but means any of the following:	225

(1) Any compound, mixture, preparation, or substance the gas,	226
fumes, or vapor of which when inhaled can induce intoxication,	227
excitement, giddiness, irrational behavior, depression,	228
stupefaction, paralysis, unconsciousness, asphyxiation, or other	229
harmful physiological effects, and includes, but is not limited	230
to, any of the following:	231

(a) Any volatile organic solvent, plastic cement, model	232
cement, fingernail polish remover, lacquer thinner, cleaning	233
fluid, gasoline, or other preparation containing a volatile	234
organic solvent;	235

(b) Any aerosol propellant;

236

(c) Any fluorocarbon refrigerant;

237

(d) Any anesthetic gas.

238

(2) Gamma Butyrolactone;

239

(3) 1,4 Butanediol.

240

(J) "Manufacture" means to plant, cultivate, harvest,	241
process, make, prepare, or otherwise engage in any part of the	242
production of a drug, by propagation, extraction, chemical	243
synthesis, or compounding, or any combination of the same, and	244
includes packaging, repackaging, labeling, and other activities	245
incident to production.	246

(K) "Possess" or "possession" means having control over a	247
thing or substance, but may not be inferred solely from mere	248
access to the thing or substance through ownership or occupation	249
of the premises upon which the thing or substance is found.	250

(L) "Sample drug" means a drug or pharmaceutical preparation	251
that would be hazardous to health or safety if used without the	252
supervision of a licensed health professional authorized to	253
prescribe drugs, or a drug of abuse, and that, at one time, had	254
been placed in a container plainly marked as a sample by a	255
manufacturer.	256

(M) "Standard pharmaceutical reference manual" means the	257
current edition, with cumulative changes if any, of any of the	258
following reference works:	259

(1) "The National Formulary";

260

(2) "The United States Pharmacopeia," prepared by authority	261
of the United States Pharmacopeial Convention, Inc.;	262

(3) Other standard references that are approved by the state	263
board of pharmacy.	264

(N) "Juvenile" means a person under eighteen years of age.

265

(O) "Counterfeit controlled substance" means any of the	266
following:	267

(1) Any drug that bears, or whose container or label bears, a	268
trademark, trade name, or other identifying mark used without	269
authorization of the owner of rights to that trademark, trade	270
name, or identifying mark;	271

(2) Any unmarked or unlabeled substance that is represented	272
to be a controlled substance manufactured, processed, packed, or	273
distributed by a person other than the person that manufactured,	274
processed, packed, or distributed it;	275

(3) Any substance that is represented to be a controlled	276
substance but is not a controlled substance or is a different	277
controlled substance;	278

(4) Any substance other than a controlled substance that a	279
reasonable person would believe to be a controlled substance	280
because of its similarity in shape, size, and color, or its	281
markings, labeling, packaging, distribution, or the price for	282
which it is sold or offered for sale.	283

(P) An offense is "committed in the vicinity of a school" if	284
the offender commits the offense on school premises, in a school	285
building, or within one thousand feet of the boundaries of any	286
school premises, regardless of whether the offender knows the	287
offense is being committed on school premises, in a school	288
building, or within one thousand feet of the boundaries of any	289
school premises.	290

(Q) "School" means any school operated by a board of	291
education, any community school established under Chapter 3314. of	292
the Revised Code, or any nonpublic school for which the state	293
board of education prescribes minimum standards under section	294
3301.07 of the Revised Code, whether or not any instruction,	295
extracurricular activities, or training provided by the school is	296
being conducted at the time a criminal offense is committed.	297

(R) "School premises" means either of the following:

298

(1) The parcel of real property on which any school is	299
situated, whether or not any instruction, extracurricular	300
activities, or training provided by the school is being conducted	301
on the premises at the time a criminal offense is committed;	302

(2) Any other parcel of real property that is owned or leased	303
by a board of education of a school, the governing authority of a	304
community school established under Chapter 3314. of the Revised	305
Code, or the governing body of a nonpublic school for which the	306
state board of education prescribes minimum standards under	307
section 3301.07 of the Revised Code and on which some of the	308
instruction, extracurricular activities, or training of the school	309
is conducted, whether or not any instruction, extracurricular	310
activities, or training provided by the school is being conducted	311
on the parcel of real property at the time a criminal offense is	312
committed.	313

(S) "School building" means any building in which any of the	314
instruction, extracurricular activities, or training provided by a	315
school is conducted, whether or not any instruction,	316
extracurricular activities, or training provided by the school is	317
being conducted in the school building at the time a criminal	318
offense is committed.	319

(T) "Disciplinary counsel" means the disciplinary counsel	320
appointed by the board of commissioners on grievances and	321
discipline of the supreme court under the Rules for the Government	322
of the Bar of Ohio.	323

(U) "Certified grievance committee" means a duly constituted	324
and organized committee of the Ohio state bar association or of	325
one or more local bar associations of the state of Ohio that	326
complies with the criteria set forth in Rule V, section 6 of the	327
Rules for the Government of the Bar of Ohio.	328

(V) "Professional license" means any license, permit,	329
certificate, registration, qualification, admission, temporary	330
license, temporary permit, temporary certificate, or temporary	331
registration that is described in divisions (W)(1) to (36) of this	332
section and that qualifies a person as a professionally licensed	333
person.	334

(W) "Professionally licensed person" means any of the	335
following:	336

(1) A person who has obtained a license as a manufacturer of	337
controlled substances or a wholesaler of controlled substances	338
under Chapter 3719. of the Revised Code;	339

(2) A person who has received a certificate or temporary	340
certificate as a certified public accountant or who has registered	341
as a public accountant under Chapter 4701. of the Revised Code and	342
who holds an Ohio permit issued under that chapter;	343

(3) A person who holds a certificate of qualification to	344
practice architecture issued or renewed and registered under	345
Chapter 4703. of the Revised Code;	346

(4) A person who is registered as a landscape architect under	347
Chapter 4703. of the Revised Code or who holds a permit as a	348
landscape architect issued under that chapter;	349

(5) A person licensed as an auctioneer or apprentice	350
auctioneer or licensed to operate an auction company under Chapter	351
4707. of the Revised Code;	352

(6) A person who has been issued a certificate of	353
registration as a registered barber under Chapter 4709. of the	354
Revised Code;	355

(7) A person licensed and regulated to engage in the business	356
of a debt pooling company by a legislative authority, under	357
authority of Chapter 4710. of the Revised Code;	358

(8) A person who has been issued a cosmetologist's license,	359
hair designer's license, manicurist's license, esthetician's	360
license, natural hair stylist's license, managing cosmetologist's	361
license, managing hair designer's license, managing manicurist's	362
license, managing esthetician's license, managing natural hair	363
stylist's license, cosmetology instructor's license, hair design	364
instructor's license, manicurist instructor's license, esthetics	365
instructor's license, natural hair style instructor's license,	366
independent contractor's license, or tanning facility permit under	367
Chapter 4713. of the Revised Code;	368

(9) A person who has been issued a license to practice	369
dentistry, a general anesthesia permit, a conscious intravenous	370
sedation permit, a limited resident's license, a limited teaching	371
license, a dental hygienist's license, or a dental hygienist's	372
teacher's certificate under Chapter 4715. of the Revised Code;	373

(10) A person who has been issued an embalmer's license, a	374
funeral director's license, a funeral home license, or a crematory	375
license, or who has been registered for an embalmer's or funeral	376
director's apprenticeship under Chapter 4717. of the Revised Code;	377

(11) A person who has been licensed as a registered nurse or	378
practical nurse, or who has been issued a certificate for the	379
practice of nurse-midwifery under Chapter 4723. of the Revised	380
Code;	381

(12) A person who has been licensed to practice optometry or	382
to engage in optical dispensing under Chapter 4725. of the Revised	383
Code;	384

(13) A person licensed to act as a pawnbroker under Chapter	385
4727. of the Revised Code;	386

(14) A person licensed to act as a precious metals dealer	387
under Chapter 4728. of the Revised Code;	388

(15) A person licensed as a pharmacist, a pharmacy intern, a	389
wholesale distributor of dangerous drugs, or a terminal	390
distributor of dangerous drugs under Chapter 4729. of the Revised	391
Code;	392

(16) A person who is authorized to practice as a physician	393
assistant under Chapter 4730. of the Revised Code;	394

(17) A person who has been issued a certificate to practice	395
medicine and surgery, osteopathic medicine and surgery, a limited	396
branch of medicine, or podiatry under Chapter 4731. of the Revised	397
Code;	398

(18) A person licensed as a psychologist or school	399
psychologist under Chapter 4732. of the Revised Code;	400

(19) A person registered to practice the profession of	401
engineering or surveying under Chapter 4733. of the Revised Code;	402

(20) A person who has been issued a license to practice	403
chiropractic under Chapter 4734. of the Revised Code;	404

(21) A person licensed to act as a real estate broker or real	405
estate salesperson under Chapter 4735. of the Revised Code;	406

(22) A person registered as a registered sanitarian under	407
Chapter 4736. of the Revised Code;	408

(23) A person licensed to operate or maintain a junkyard	409
under Chapter 4737. of the Revised Code;	410

(24) A person who has been issued a motor vehicle salvage	411
dealer's license under Chapter 4738. of the Revised Code;	412

(25) A person who has been licensed to act as a steam	413
engineer under Chapter 4739. of the Revised Code;	414

(26) A person who has been issued a license or temporary	415
permit to practice veterinary medicine or any of its branches, or	416
who is registered as a graduate animal technician under Chapter	417
4741. of the Revised Code;	418

(27) A person who has been issued a hearing aid dealer's or	419
fitter's license or trainee permit under Chapter 4747. of the	420
Revised Code;	421

(28) A person who has been issued a class A, class B, or	422
class C license or who has been registered as an investigator or	423
security guard employee under Chapter 4749. of the Revised Code;	424

(29) A person licensed and registered to practice as a	425
nursing home administrator under Chapter 4751. of the Revised	426
Code;	427

(30) A person licensed to practice as a speech-language	428
pathologist or audiologist under Chapter 4753. of the Revised	429
Code;	430

(31) A person issued a license as an occupational therapist	431
or physical therapist under Chapter 4755. of the Revised Code;	432

(32) A person who is licensed as a professional clinical	433
counselor or professional counselor, licensed as a social worker	434
or independent social worker, or registered as a social work	435
assistant under Chapter 4757. of the Revised Code;	436

(33) A person issued a license to practice dietetics under	437
Chapter 4759. of the Revised Code;	438

(34) A person who has been issued a license or limited permit	439
to practice respiratory therapy under Chapter 4761. of the Revised	440
Code;	441

(35) A person who has been issued a real estate appraiser	442
certificate under Chapter 4763. of the Revised Code;	443

(36) A person who has been admitted to the bar by order of	444
the supreme court in compliance with its prescribed and published	445
rules.	446

(X) "Cocaine" means any of the following:

447

(1) A cocaine salt, isomer, or derivative, a salt of a	448
cocaine isomer or derivative, or the base form of cocaine;	449

(2) Coca leaves or a salt, compound, derivative, or	450
preparation of coca leaves, including ecgonine, a salt, isomer, or	451
derivative of ecgonine, or a salt of an isomer or derivative of	452
ecgonine;	453

(3) A salt, compound, derivative, or preparation of a	454
substance identified in division (X)(1) or (2) of this section	455
that is chemically equivalent to or identical with any of those	456
substances, except that the substances shall not include	457
decocainized coca leaves or extraction of coca leaves if the	458
extractions do not contain cocaine or ecgonine.	459

(Y) "L.S.D." means lysergic acid diethylamide.

460

(Z) "Hashish" means the resin or a preparation of the resin	461
contained in marihuana, whether in solid form or in a liquid	462
concentrate, liquid extract, or liquid distillate form.	463

(AA) "Marihuana" has the same meaning as in section 3719.01	464
of the Revised Code, except that it does not include hashish.	465

(BB) An offense is "committed in the vicinity of a juvenile"	466
if the offender commits the offense within one hundred feet of a	467
juvenile or within the view of a juvenile, regardless of whether	468
the offender knows the age of the juvenile, whether the offender	469
knows the offense is being committed within one hundred feet of or	470
within view of the juvenile, or whether the juvenile actually	471
views the commission of the offense.	472

(CC) "Presumption for a prison term" or "presumption that a	473
prison term shall be imposed" means a presumption, as described in	474
division (D) of section 2929.13 of the Revised Code, that a prison	475
term is a necessary sanction for a felony in order to comply with	476
the purposes and principles of sentencing under section 2929.11 of	477
the Revised Code.	478

(DD) "Major drug offender" has the same meaning as in section	479
2929.01 of the Revised Code.	480

(EE) "Minor drug possession offense" means either of the	481
following:	482

(1) A violation of section 2925.11 of the Revised Code as it	483
existed prior to July 1, 1996;	484

(2) A violation of section 2925.11 of the Revised Code as it	485
exists on and after July 1, 1996, that is a misdemeanor or a	486
felony of the fifth degree.	487

(FF) "Mandatory prison term" has the same meaning as in	488
section 2929.01 of the Revised Code.	489

(GG) "Crack cocaine" means a compound, mixture, preparation,	490
or substance that is or contains any amount of cocaine that is	491
analytically identified as the base form of cocaine or that is in	492
a form that resembles rocks or pebbles generally intended for	493
individual use.	494

(HH) "Adulterate" means to cause a drug to be adulterated as	495
described in section 3715.63 of the Revised Code.	496

(II) "Public premises" means any hotel, restaurant, tavern,	497
store, arena, hall, or other place of public accommodation,	498
business, amusement, or resort.	499

Sec. 4517.02.  (A) Except as otherwise provided in this	500
section, no person shall do any of the following:	501

(1) Engage in the business of displaying or selling at retail	502
new motor vehicles or assume to engage in suchthat business,	503
unless the person is licensed as a new motor vehicle dealer under	504
sections 4517.01 to 4517.45 of the Revised Code, or is a	505
salesperson licensed under those sections and employed by a	506
licensed new motor vehicle dealer;	507

(2) Engage in the business of offering for sale, displaying	508
for sale, or selling at retail or wholesale used motor vehicles or	509
assume to engage in that business, unless the person is licensed	510
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,	511
or is a salesperson licensed under those sections and employed by	512
a licensed used motor vehicle dealer or licensed new motor vehicle	513
dealer;	514

(3) Engage in the business of regularly making available,	515
offering to make available, or arranging for another person to use	516
a motor vehicle, in the manner described in division (M) of	517
section 4517.01 of the Revised Code, unless the person is licensed	518
as a motor vehicle leasing dealer under sections 4517.01 to	519
4517.45 of the Revised Code;	520

(4) Engage in the business of motor vehicle auctioning or	521
assume to engage in suchthat business, unless the person is	522
licensed as a motor vehicle auction owner under sections 4517.01	523
to 4517.45 and 4707.01 to 4707.99 of the Revised Code and the	524
person uses an auctioneer who is licensed under Chapter 4707. of	525
the Revised Code to conduct the motor vehicle auctions;	526

(5) Engage in the business of distributing motor vehicles or	527
assume to engage in suchthat business, unless the person is	528
licensed as a distributor under sections 4517.01 to 4517.45 of the	529
Revised Code;	530

(6) Make more than five casual sales of motor vehicles in a	531
twelve-month period, commencing with the day of the month in which	532
the first such sale is made, nor provide a location or space for	533
the sale of motor vehicles at a flea market, without obtaining a	534
license as a dealer under sections 4517.01 to 4517.45 of the	535
Revised Code;, provided however that nothing in this section shall	536
be construed to prohibit the disposition without a license of a	537
motor vehicle originally acquired and held for purposes other than	538
sale, rental, or lease to an employee, retiree, officer, or	539
director of the person making the disposition, to a corporation	540
affiliated with the person making the disposition, or to a person	541
licensed under sections 4517.01 to 4517.45 of the Revised Code;	542

(7) Engage in the business of brokering manufactured homes	543
unless that person is licensed as a manufactured home broker under	544
sections 4517.01 to 4517.45 of the Revised Code.	545

(B) Nothing in this section shall be construed to require an	546
auctioneer licensed under sections 4707.01 to 4707.19 of the	547
Revised Code, to obtain a motor vehicle salesperson's license	548
under sections 4517.01 to 4517.45 of the Revised Code when	549
conducting an auction sale for a licensed motor vehicle dealer on	550
the dealer's premises, or when conducting an auction sale for a	551
licensed motor vehicle auction owner; nor shall such an auctioneer	552
be required to obtain a motor vehicle auction owner's license	553
under sections 4517.01 to 4517.45 of the Revised Code when engaged	554
in auctioning for a licensed motor vehicle auction owner.	555

(C) Sections 4517.01 to 4517.45 of the Revised Code do not	556
apply to any of the following:	557

(1) Persons engaging in the business of selling commercial	558
tractors, trailers, or semitrailers incidentally to engaging	559
primarily in business other than the selling or leasing of motor	560
vehicles;	561

(2) Mortgagees selling at retail only those motor vehicles	562
that have come into their possession by a default in the terms of	563
a mortgage contract;	564

(3) The leasing, rental, and interchange of motor vehicles	565
used directly in the rendition of a public utility service by	566
regulated motor carriers.	567

(D) When a partnership licensed under sections 4517.01 to	568
4517.45 of the Revised Code is dissolved by death, the surviving	569
partners may operate under the license for a period of sixty days,	570
and the heirs or representatives of deceased persons and receivers	571
or trustees in bankruptcy appointed by any competent authority may	572
operate under the license of the person succeeded in possession by	573
suchthat heir, representative, receiver, or trustee in	574
bankruptcy.	575

(E) No remanufacturer shall engage in the business of selling	576
at retail any new motor vehicle without having written authority	577
from the manufacturer or distributor of the vehicle to sell new	578
motor vehicles and to perform repairs under the terms of the	579
manufacturer's or distributor's new motor vehicle warranty,	580
unless, at the time of the sale of the vehicle, each customer is	581
furnished with a binding agreement ensuring that the customer has	582
the right to have the vehicle serviced or repaired by a new motor	583
vehicle dealer who is franchised to sell and service vehicles of	584
the same line-make as the chassis of the remanufactured vehicle	585
purchased by the customer and whose service or repair facility is	586
located within either twenty miles of the remanufacturer's	587
location and place of business or twenty miles of the customer's	588
residence or place of business. If there is no such new motor	589
vehicle dealer located within twenty miles of the remanufacturer's	590
location and place of business or the customer's residence or	591
place of business, the binding agreement furnished to the customer	592
may be with the new motor vehicle dealer who is franchised to sell	593
and service vehicles of the same line-make as the chassis of the	594
remanufactured vehicle purchased by the customer and whose service	595
or repair facility is located nearest to the remanufacturer's	596
location and place of business or the customer's residence or	597
place of business. Additionally, at the time of sale of any	598
vehicle, each customer of the remanufacturer shall be furnished	599
with a warranty issued by the remanufacturer for a term of at	600
least one year.	601

(F) Except as otherwise provided in this division, whoever	602
violates this section is guilty of a minor misdemeanor and shall	603
be subject to a mandatory fine of one hundred dollars. If the	604
offender previously has been convicted of or pleaded guilty to a	605
violation of this section, whoever violates this section is guilty	606
of a misdemeanor of the first degree and shall be subject to a	607
mandatory fine of one thousand dollars.	608

Sec. 4707.01.  As used in sections 4707.01 to 4707.22 and	609
4707.99 of the Revised Codethis chapter:	610

(A) "Auction" means a method of sale of real or personal	611
property, goods, or chattels, at a predetermined date and time, by	612
means of a verbal exchange, regular mail, telecommunications, the	613
internet, an electronic transmission, or a physical gesture	614
between an auctioneer or apprentice auctioneer and members of the	615
audience or prospective purchasers, the exchanges and gestures	616
consisting of a series of invitations for offers made by the	617
auctioneer and offers by members of the audience or prospective	618
purchasers, with the right to acceptance of offers with the	619
auctioneer or apprentice auctioneer. "Auction" includes a sale of	620
real or personal property, goods, or chattels in which there has	621
been a solicitation or invitation by advertisement to the public	622
for an advance in bidding using sealed bidding, provided that the	623
bids are opened and there is a call for an advancement of the	624
bids.	625

(B) "Auctioneer" means any person who engages, or who by	626
advertising or otherwise holds selfthe person out as being able	627
to engage, in the calling for, recognition of, and the acceptance	628
of, offers for the purchase of real or personal property, goods,	629
or chattels at auction either directly or through the use of other	630
licensed auctioneers or apprentice auctioneers.	631

(C) "Apprentice auctioneer" means any individual who is	632
sponsored by an auctioneer to deal or engage in any activities	633
mentioned in division (A) of this section.	634

(D) "Auction company" means any person, excluding licensed	635
auctioneers, who does business solely in the auctioneer's	636
individual name, who sells, either directly or through agents,	637
real or personal property, goods, or chattels at auction, or who	638
arranges, sponsors, manages, conducts, or advertises auctions and	639
who was licensed as an auction company by the department of	640
agriculture as of May 1, 1991. An auction company does not mean	641
either of the following:	642

(1) A sale barn or livestock auction market that is used	643
exclusively for the auctioneering of livestock and is licensed by	644
the department of agriculture under Chapter 943. of the Revised	645
Code;	646

(2) A business that is licensed by the bureau of motor	647
vehicles under Chapter 4517. of the Revised Code and is	648
exclusively engaged in the auction sale of motor vehicles to	649
dealers licensed by either the bureau of motor vehicles or a	650
bureau of motor vehicles of another jurisdiction or its	651
equivalent.	652

(E) "Special auctioneer" means any person who is licensed as	653
an auction company by the department of agriculture as of May 1,	654
1991, and currently is subject to section 4707.071 of the Revised	655
Code.	656

(E) "Absolute auction" means an auction of real or personal	657
property to which all of the following apply:	658

(1) The property is sold to the highest bidder without	659
reserve.	660

(2) The auction does not require a minimum bid.

661

(3) The auction does not require competing bids of any type	662
by the seller or an agent of the seller.	663

(4) The seller of the property cannot withdraw the property	664
from auction after the auction is opened and there is public	665
solicitation or calling for bids.	666

(F) "Reserve auction" means an auction in which the seller or	667
an agent of the seller reserves the right to establish a stated	668
minimum bid, the right to reject or accept any or all bids, or the	669
right to withdraw the real or personal property at any time prior	670
to the completion of the auction by the auctioneer.	671

(G) "Auction mediation company" means a company that provides	672
a forum through the internet for a person to sell the person's	673
real or personal property that was not originally acquired for the	674
purpose of resale via the submission of silent bids using a	675
computer or other electronic device.	676

(H) "Public authority" means any board or commission of the	677
state or any officer of such a board or commission, or any	678
political subdivision of the state.	679

(I) "Estate auction" means the auction of real or personal	680
property of a deceased person.	681

(J) "Absentee bidding" means a method by which a potential	682
purchaser authorizes a proxy to place on behalf of the potential	683
purchaser a written or oral bid to an auctioneer or auction firm	684
or an agent of an auctioneer or auction firm.	685

(K) "Person" means an individual, sole proprietor,	686
corporation, limited liability company, association, or	687
partnership.	688

(L) "Auction firm" means a person who provides auction	689
services.	690

(M) "Auction services" means arranging, managing, and	691
sponsoring a personal property auction. "Auction services"	692
includes the taking and advertising of personal property on	693
consignment to be sold at auction by a licensed auctioneer.	694

(N) "Consignee" means a person or auction firm that takes	695
personal property on consignment to be sold at auction by a	696
licensed auctioneer.	697

(O) "Firm manager" means the individual designated by an	698
auction firm who is responsible for ensuring that the auction firm	699
complies with this chapter.	700

(P) "Sealed bidding" means a method of submitting a bid in	701
writing by one or more persons following which the bids are opened	702
at an advertised, predetermined time and place, and, after a	703
review of all the bids received, the real or personal property is	704
awarded to the highest and most responsive bidder.	705

Sec. 4707.02.  No person shall act as an auction firm,	706
auctioneer, apprentice auctioneer, or special auctioneer within	707
this state without a license issued by the department of	708
agriculture. No auction shall be conducted in this state except by	709
an auctioneer licensed by the department.	710

The department shall not issue or renew a license if the	711
applicant or licensee has been convicted of a felony or crime	712
involving fraud or theft in this or another state at any time	713
during the ten years immediately preceding application or renewal.	714

This section does not apply to:

715

(A) Sales at auction conducted by or under the direction of	716
any public authority, or salesthat either are required by law to	717
be at auction, other than sales pursuant to a judicial order or	718
decree, or that are conducted by or under the direction of a	719
public authority;	720

(B) The owner of any real or personal property desiring to	721
sell the property at auction, provided that the property was not	722
acquired for the purpose of resale;	723

(C) An auction mediation company;

724

(D) An auction that is conducted in a course of study for	725
auctioneers that is approved by the state auctioneers commission	726
created under section 4707.03 of the Revised Code for purposes of	727
student training and is supervised by a licensed auctioneer;	728

(E) An auction that is sponsored by a nonprofit or charitable	729
organization that is registered in this state under Chapter 1702.	730
or Chapter 1716. of the Revised Code, respectively, if the auction	731
only involves the property of the members of the organization and	732
the auction is part of a fair that is organized by an agricultural	733
society under Chapter 1711. of the Revised Code or by the Ohio	734
expositions commission under Chapter 991. of the Revised Code at	735
which an auctioneer who is licensed under this chapter physically	736
conducts the auction;	737

(F) A person licensed as a livestock dealer under Chapter	738
943. of the Revised Code who exclusively sells livestock and uses	739
an auctioneer who is licensed under this chapter to conduct the	740
auction;	741

(G) A person licensed as a motor vehicle auction owner under	742
Chapter 4517. of the Revised Code who exclusively sells motor	743
vehicles and who uses an auctioneer who is licensed under this	744
chapter to conduct the auction.	745

Sec. 4707.021.  Only an auctioneer who is licensed under this	746
chapter and who is licensed as a real stateestate broker who is	747
licensedor a real estate salesperson under Chapter 4735. of the	748
Revised Code and who is licensed as an auctioneer under this	749
chapter mayshall sign an auction contract for the sale of real	750
property at auction. A real estate broker who is licensed under	751
Chapter 4735. of the Revised Code, but who is not licensed as an	752
auctioneer under this chapter shall not sign an auction contract	753
or conduct an auction, but may contract for the sale of real	754
property at auction only if either of the following applies:	755

(A) The auctioneer who signs the auction contract and who	756
conducts the auction is a salesperson licensed under Chapter 4735.	757
of the Revised Code and is associated with the real estate broker	758
who contracts for the sale of real property.	759

(B) The real estate broker enters into a cooperative	760
agreement with another real estate broker licensed under Chapter	761
4735. of the Revised Code with whom an auctioneer licensed under	762
this chapter is associated and the auctioneer conductsis solely	763
responsible for signing the auction contract and conducting the	764
auction.	765

An apprentice auctioneer who is licensed as a real estate	766
broker or real estate salesperson under Chapter 4735. of the	767
Revised Code may act as a bid caller in the sale of real property	768
at auction if the sponsoring auctioneer is licensed under this	769
chapter and is licensed as a real estate broker or real estate	770
salesperson under Chapter 4735. of the Revised Code.	771

Nothing in this section shall be construed to permit a	772
business to contract for the sale of real property at auction	773
through an individual who is not licensed under this chapter and	774
Chapter 4735. of the Revised Code.	775

Sec. 4707.022. (A) An auction shall be a reserve auction	776
unless explicitly stated otherwise in the contract for the auction	777
and in the terms and conditions governing the auction. For	778
purposes of a reserve auction, there need not be an announcement	779
or indication that the reserve is attained.	780

(B) A person licensed under this chapter shall not use	781
absentee bidding unless the owner of the real or personal property	782
being sold provides prior written permission to use absentee	783
bidding.	784

(C) A person licensed under this chapter shall be an agent of	785
the owner or consignee of the real or personal property for	786
purposes of all aspects of the auction.	787

Sec. 4707.023. (A) No person licensed under this chapter	788
shall advertise, offer for sale, or sell real or personal property	789
by absolute auction unless all of the following apply:	790

(1) One of the following applies:

791

(a) Except for current tax obligations, easements, or	792
restrictions of record of the seller, there are no liens or	793
encumbrances on the property in favor of any other person.	794

(b) Every holder of a lien or encumbrance, by execution of	795
the auction contract or other written agreement provided to the	796
auctioneer, agrees to the absolute auction without regard to the	797
amount of the highest bid or to the identity of the highest	798
bidder.	799

(c) A financially sound person, firm, trust, or estate, by	800
execution of the auction contract or other written agreement	801
provided to the auctioneer, guarantees the complete discharge and	802
satisfaction of all liens and encumbrances, as applicable,	803
immediately after the absolute auction or at the closing without	804
regard to the amount of the highest bid or to the identity of the	805
highest bidder.	806

(2) The seller of the real or personal property at the time	807
of advertising and at the time of the absolute auction has a bona	808
fide intention to transfer ownership of the property to the	809
highest bidder regardless of the amount of the highest bid and	810
without reliance on any agreement that a particular bid or bid	811
level be attained in order to transfer the property.	812

(3) The auction contract requires that the auction be	813
conducted as an absolute auction, specifies that the auction is	814
not a reserve auction, and prohibits the seller or anyone acting	815
on behalf of the seller to bid or participate in the bidding	816
process of the auction.	817

(B) Division (A) of this section does not prohibit any of the	818
following:	819

(1) The bidding of a secured party or lien holder, other than	820
the seller, at an absolute auction, provided that the bids are	821
bona fide offers, that the bidding does not constitute bid rigging	822
or a reserve for the seller, and that the bidding is not for the	823
purpose of aiding or assisting or on behalf of the seller or the	824
auctioneer;	825

(2) The bidding by an individual or a party to a dissolution	826
of marriage, partnership, or corporation on real or personal	827
property being sold at auction pursuant to the dissolution;	828

(3) The advertising of real or personal property to be sold	829
by absolute auction and by reserve auction within the same	830
advertisement or for auction on the same date and at the same	831
place, provided that the advertisement is not misleading and	832
clearly identifies the property that is to be sold by absolute	833
auction and the property that is to be sold by reserve auction.	834

(C) A person licensed under this chapter may make a bona fide	835
bid on the licensee's own behalf at an absolute auction and at a	836
reserve auction, provided that the licensee provides full	837
disclosure that the licensee may make a bona fide bid to the	838
seller and at the auction.	839

(D) A seller or a person on behalf of a seller may make a bid	840
if the auction is a reserve auction and the auctioneer provides	841
full disclosure before bidding begins that the seller retains the	842
right to bid. No person licensed under this chapter knowingly	843
shall receive such a bid in the absence of full disclosure.	844

(E) Except in the case of a dissolution as provided in	845
division (B)(2) of this section, a person licensed under this	846
chapter shall not knowingly receive a bid by a seller or a person	847
on the seller's behalf at an absolute auction.	848

Sec. 4707.024. (A) Not later than seventy-two hours after the	849
end of an auction, a person licensed under this chapter shall	850
deposit in one or more trust or escrow accounts all money received	851
from the sale of an owner's or consignee's personal property at	852
auction unless the licensee pays the money to the owner or	853
consignee immediately after the end of the auction.	854

(B) For purposes of this section, a person licensed under	855
this chapter shall designate a trust or escrow account that	856
contains an owner's or consignee's money as "client trust account"	857
or with words of similar meaning. In addition, a trust or escrow	858
account only shall contain money received from the sale of	859
personal property at auction that has not been disbursed and money	860
for expenses regarding the auction, including commission and	861
advertisement fees, that are specifically delineated in the	862
auction contract.	863

(C) Except for the payment of money to the owner or consignee	864
immediately after the end of the auction, a person licensed under	865
this chapter shall pay the owner or consignee with money from the	866
client's trust or escrow account. In addition, the licensee may	867
pay expenses, including commission and advertisement fees, that	868
are specifically delineated in the auction contract with money	869
from the trust or escrow account. Money in the trust or escrow	870
account shall not be disbursed for any purpose that is	871
inconsistent with this section. In addition, the money shall not	872
be commingled with the licensee's personal or business money. In	873
administering the trust or escrow account, the licensee shall keep	874
detailed records that show deposits, withdrawals, and interest	875
accrued, if applicable.	876

Unless otherwise agreed to by the parties in the auction	877
contract or by the direction of a court of law, all money	878
deposited into a trust or escrow account shall be disbursed to the	879
seller not later than fifteen days after the auction.	880

(D) Money from the sale of personal property at auction may	881
be deposited in an interest bearing account if the parties to the	882
auction contract specifically agree to such a deposit. Interest	883
earned in the account shall be credited to the seller unless	884
otherwise agreed to by the parties in the auction listing	885
contract. The interest credited to the account may remain in the	886
account for a period of sixty days after the seller receives the	887
money from the account. The interest money then shall be disbursed	888
according to the terms of the auction contract.	889

(E) All money received in connection with the sale of real	890
property at auction shall be deposited in a broker's special or	891
trust bank account in a depository located in this state that is	892
described in division (A)(26) of section 4735.18 of the Revised	893
Code.	894

Sec. 4707.03.  A state auctioneers commission shall be	895
created within the department of agriculture as follows:	896

(A) The governor, with the advice and consent of the senate,	897
shall appoint a commission consisting of threefive members, each	898
of whom immediately prior to the date of appointment has been a	899
resident of this state for at least five years, and whose	900
vocation. Four members shall have been an auctioneer for a period	901
of at least five years has been that of an auctioneerprior to	902
appointment. One member shall be a member of the public who	903
represents the interests of consumers, is not licensed under this	904
chapter, does not have any management responsibility in the	905
auctioneering industry, does not formulate any policy of the	906
auctioneering industry, does not have a financial interest in the	907
auctioneering industry, and does not have any other connection	908
with the auctioneering profession. Terms	909

(B) Terms of office shall be for three years, commencing on	910
the tenth day of October and ending on the ninth day of October.	911
EachOf the two additional appointments made after the effective	912
date of this amendment, one shall be for a term ending on the	913
ninth day of October in the first year following the appointment,	914
and one shall be for a term ending on the ninth day of October in	915
the second year following the appointment. Thereafter, each term	916
of office shall be for three years, commencing on the tenth day of	917
October.	918

Each member shall hold office from the date of appointment	919
until the end of the term for which appointed. Any member	920
appointed to fill a vacancy occurring prior to the expiration of	921
the term for which the member's predecessor was appointed shall	922
hold office for the remainder of such term. Any member shall	923
continue in office subsequent to the expiration date of the	924
member's term until the member's successor takes office, or until	925
a period of sixty days has elapsed, whichever occurs first. A	926
member appointed for a term commencing on or after October 10,	927
2005, shall not serve more than three consecutive terms.	928

(B)(C) At no time shall there be more than twothree members	929
of the same political party serving on the commission.	930

Sec. 4707.04.  (A) The state auctioneers commission shall,	931
upon qualification of the member or members appointed in each	932
year, select from its members a chairperson, and shall serve in an	933
advisory capacity to the department of agriculture for the purpose	934
of carrying out sections 4707.01 to 4707.22 of the Revised Code	935
this chapter. The commission shall meet not less than four times	936
annually.	937

(B) The commission shall establish requirements and standards	938
for courses of study in auctioneering. The commission triennially	939
shall review courses of study in auctioneering that are offered at	940
institutions in order to determine whether the courses comply with	941
those requirements and standards. The commission shall approve	942
institutions that offer courses that comply with the requirements	943
and standards. If an institution is not approved, the institution	944
may reapply for approval within a year of the disapproval. If at	945
that time the commission approves the institution, the institution	946
shall be approved for the remainder of the triennial period. The	947
commission, prior to the triennial review, may place on	948
probationary status or revoke the approval of any institution that	949
provides a course of study in auctioneering if the institution	950
fails to comply with the requirements and standards established	951
under this division.	952

(C) Members of the commission who are licensed auctioneers	953
under this chapter shall administer the oral licensing examination	954
required under section 4707.08 of the Revised Code.	955

(D) Each commissioner shall receive the commissioner's actual	956
and necessary expenses incurred in the discharge of suchthe	957
commissioner's duties. Each commissioner also shall receive a per	958
diem salary from the auctioneers fund created in section 4707.05	959
of the Revised Code for each meeting attended. The director of	960
agriculture shall adopt rules in accordance with Chapter 119. of	961
the Revised Code establishing the per diem salary.	962

(E) The commission may form subcommittees for purposes of	963
research, education, and promotion of the auctioneering	964
profession. If a majority of the members of the commission	965
approves, the members of a subcommittee may be reimbursed from the	966
auction education fund created in section 4707.171 of the Revised	967
Code for the actual and necessary expenses incurred in the	968
discharge of their duties.	969

(F) Serving as a member of the commission does not constitute	970
holding a public office or position of employment under the laws	971
of this state and does not constitute grounds for removal of	972
public officers or employees from their offices or positions of	973
employment.	974

(G) The commission may advise the director on actions of the	975
director as required under this chapter.	976

Sec. 4707.05.  Except as otherwise provided in section	977
4707.25 of the Revised Code, all fees and charges collected by the	978
department of agriculture pursuant to this chapter shall be paid	979
into the state treasury to the credit of the auctioneers fund,	980
which is hereby created. All expenses incurred by the department	981
in administering this chapter shall be paid out of the fund. The	982
total expenses incurred by the department in the administration of	983
this chapter shall not exceed the total fees, charges, fines, and	984
penalties imposed under sections 4707.08, 4707.10, and 4707.99 of	985
the Revised Code and paid to the treasurer of state. The	986
department may conduct education programs for the enlightenment	987
and benefit of all auctioneers who have paid fees pursuant to	988
sections 4707.08 and 4707.10 of the Revised Code.	989

Out of the moneys credited pursuant to this section, the fund	990
shall be assessed a proportionate share of the administrative	991
costs of the department in accordance with procedures prescribed	992
by the director of agriculture and approved by the director of	993
budget and management. The assessment shall be paid from the	994
auctioneers fund to the division of administration fund.	995

At the end of each fiscal year, if the balance of the fund is	996
greater than three hundred thousand dollars, the director of	997
agriculture shall request the director of budget and management	998
to, and the director of budget and management shall, transfer	999
twenty-five per cent of the balance that is in excess of three	1000
hundred thousand dollars to the auction recovery fund created in	1001
section 4707.25 of the Revised Code.	1002

Sec. 4707.06.  The department of agriculture shall maintain a	1003
record of the names and addresses of all auction firms,	1004
auctioneers and, apprentice auctioneers, and special auctioneers	1005
licensed by the department. This record shall also include a list	1006
of all persons whose licenses have been suspended or revoked, as	1007
well as any other information relative to the enforcement of	1008
sections 4707.01 to 4707.22 of the Revised Code, asthis chapter	1009
that the department may deemconsiders of interest to the public.	1010

Sec. 4707.07.  (A) The department of agriculture may grant	1011
auctioneers' licenses to those persons deemedindividuals who are	1012
determined to be qualified by the department. Each person	1013
individual who applies for an auctioneer's license shall furnish	1014
to the department, on forms provided by the department,	1015
satisfactory proof that the applicant:	1016

(1) Has a good reputation;

1017

(2) Is of trustworthy character;

1018

(3) Has attained the age of at least eighteen years;

1019

(4) Has done one of the following:

1020

(a) Met the apprenticeship requirements set forth in section	1021
4707.09 of the Revised Code;	1022

(b) Met the requirements of section 4707.12 of the Revised	1023
Code.	1024

(5) Has a general knowledge of the following:

1025

(a) The requirements of the Revised Code relative to	1026
auctioneers;	1027

(b) The auction profession;

1028

(c) The principles involved in conducting an auction;

1029

(d) Any local and federal laws regarding the profession of	1030
auctioneering.	1031

(6) Has satisfied the financial responsibility requirements	1032
established under section 4707.11 of the Revised Code if	1033
applicable.	1034

(B) Auctioneers who served apprenticeships and who hold	1035
licenses issued before May 1, 1991, and who seek renewal of their	1036
licenses, are not subject to the additional apprenticeship	1037
requirements imposed by section 4707.084707.09 of the Revised	1038
Code.	1039

(C) The department may issue an auctioneer's license to a	1040
partnership, association, or corporation if all the partners,	1041
members, or officers thereof who are authorized to perform the	1042
functions of an auctioneer as agents of the applicant are	1043
themselves licensed as auctioneers under this chapter.	1044

An application for an auctioneer's license filed by a	1045
partnership or association shall contain a listing of the names of	1046
all of the licensed partners, members, or other persons who are	1047
authorized to perform the functions of an auctioneer as agents of	1048
the applicant. An application filed by a corporation shall contain	1049
the names of its president and of each of its licensed officers	1050
and any other person who is authorized to perform the functions of	1051
an auctioneer as an agent of the applicant.	1052

(D) A licensee may do business under more than one registered	1053
name if, but not to exceed three registered names, provided that	1054
the names have been approved by the department. The department may	1055
reject the application of any person seeking licensure under this	1056
chapter if the name or names to be used by the applicant are	1057
likely to mislead the public, or if the name or names do not	1058
distinguish the applicant from the name or names of any existing	1059
person licensed under this chapter. If an applicant applies to the	1060
department to do business under more than twothree names, the	1061
department may charge a fee of ten dollars for the third name and	1062
each additional name.	1063

(D) The department, in its discretion, may waive the	1064
schooling and apprenticeship requirements for a resident of this	1065
state, provided that the resident holds a valid auctioneer license	1066
that was issued by a state with which the department has entered	1067
into a reciprocal licensing agreement and the resident is in good	1068
standing with that state. The applicant shall provide proof that	1069
is satisfactory to the department that the applicant has had two	1070
years of experience as an auctioneer immediately preceding the	1071
date of application that includes at a minimum twelve auctions in	1072
which the applicant was a bid caller in the reciprocal state.	1073

Sec. 4707.071.  (A) On May 1, 1991, all persons licensed as	1074
auction companies under former section 4707.071 of the Revised	1075
Code shall comply with all provisions of this chapter that are	1076
applicable to auctioneers except as provided in divisions (B) and	1077
(C) of this section. Such persons, however, do not have to serve	1078
an apprenticeship or attend a course of study under section	1079
4707.09 of the Revised Code or submit to an examination under	1080
section 4707.08 of the Revised Code as long as they do not engage	1081
in the calling for, recognition of, and the acceptance of, offers	1082
for the purchase of personal property at auction and do not	1083
conduct auctions at any location other than the definite place of	1084
business required in section 4707.14 of the Revised Code.	1085

(B) The principal owner of each auction company that is	1086
licensed as of May 1, 1991, who pays the annual renewal fee	1087
specified in division (B) of section 4707.10 of the Revised Code	1088
during the first renewal period following May 1, 1991, shall be	1089
issued a special auctioneer's license, for the saleauction of	1090
personal property subject to division (A) of this section. Each	1091
principal owner shall apply for an annual license. In applying for	1092
an annual license, each person licensed as an auction company on	1093
May 1, 1991, shall designate an individual as principal owner by	1094
submitting documentation substantiating that the individual is in	1095
fact the principal owner and shall identify a definite place of	1096
business as required in section 4707.14 of the Revised Code. A	1097
person licensed as an auctioneer shall not be entitled to a	1098
special auctioneer's license.	1099

(C) A special auctioneer's license issued under this section	1100
to the principal owner of a former auction company does not	1101
entitle the principal owner or former auction company to conduct	1102
auctions at any location other than the definite place of business	1103
required in section 4707.14 of the Revised Code. Notwithstanding	1104
section 4707.10 of the Revised Code, the department of agriculture	1105
shall not issue a new special auctioneer's license if the definite	1106
place of business identified by the licensee in the licensee's	1107
initial application for a special auctioneer license has changed	1108
or if the name under which the licensee is doing business has	1109
changed. No person other than an owner, officer, member, or agent	1110
of the former auction company who personally has passed the	1111
examination prescribed in section 4707.08 of the Revised Code and	1112
been licensed as an auctioneer shall engage in the calling for,	1113
recognition of, and the acceptance of, offers for the purchase of	1114
real or personal property, goods, or chattels at auction in	1115
connection with a former auction company that has been issued a	1116
special auctioneer's license.	1117

(D) A person licensed as a special auctioneer shall not	1118
engage in the sale of real property at auction.	1119

(E) As used in this section, "auction company" means "auction	1120
company" as defined in section 4707.01 of the Revised Code prior	1121
to its amendment by Sub. S.B. 209 of the 125th general assembly.	1122

Sec. 4707.072. (A) For purposes of this section, the	1123
department of agriculture shall adopt rules in accordance with	1124
section 4707.19 of the Revised Code prescribing the fee that a	1125
license applicant must pay. Until those rules are adopted, a	1126
license applicant shall pay the fee established in this section.	1127

(B) The department may grant one-auction licenses to any	1128
nonresident person deemedindividual who is determined to be	1129
qualified by the department. Any personindividual who applies for	1130
a one-auction license shall attest, on forms provided by the	1131
department, and furnish to the department, satisfactory proof that	1132
the license applicant or any auctioneer affiliated with the	1133
applicant meets the following requirements:	1134

(1)(A) Has a good reputation;

1135

(2)(B) Is of trustworthy character;

1136

(3)(C) Has attained the age of at least eighteen years;

1137

(4)(D) Has a general knowledge of the requirements of the	1138
Revised Code relative to auctioneers, the auction profession, and	1139
the principles involved in conducting an auction;	1140

(5)(E) Has two years of professional auctioneering experience	1141
immediately preceding the date of application and the experience	1142
that includes the personal conduct by the applicant of at least	1143
twelve auction sales in any state, or has met the requirements of	1144
section 4707.12 of the Revised Code;	1145

(6)(F) Has paid a fee of onefive hundred dollars;

1146

(7)(G) Has not applied for or previously obtained a license	1147
under this section;	1148

(H) Has provided proof of financial responsibility in the	1149
form of either an irrevocable letter of credit or a cash bond or a	1150
surety bond in the amount of fifty thousand dollars. If the	1151
applicant gives a surety bond, the bond shall be executed by a	1152
surety company authorized to do business in this state. A bond	1153
shall be made to the department and shall be conditioned that the	1154
applicant shall comply with this chapter and rules adopted under	1155
it, including refraining from conduct described in section 4707.15	1156
of the Revised Code. All bonds shall be on a form approved by the	1157
director of agriculture.	1158

Sec. 4707.073. (A) No corporation, general or limited	1159
partnership, or unincorporated association shall act or hold	1160
itself out as an auctioneer without a valid auctioneer's license	1161
issued under this section. This section does not apply to a person	1162
who is issued a license under section 4707.071 of the Revised	1163
Code.	1164

(B) The department of agriculture may grant an auctioneer's	1165
license to a corporation, general or limited partnership, or	1166
unincorporated association that is determined to be qualified by	1167
the department. Every applicant for a license under this section	1168
shall furnish to the department, on forms provided by the	1169
department, satisfactory proof that the applicant:	1170

(1) Is in good standing with the secretary of state if the	1171
applicant is a corporation;	1172

(2) Is of trustworthy character;

1173

(3) Has provided proof of financial responsibility as	1174
required in section 4707.11 of the Revised Code;	1175

(4) Is registered with the secretary of state or a local	1176
authority, as applicable, to do business in this state;	1177

(5) Has complied with any other requirement that the director	1178
establishes in rules adopted under section 4707.19 of the Revised	1179
Code.	1180

(C) An application submitted under this section shall list	1181
the names of all of the owners, directors, partners, or members of	1182
the applicant, as applicable, and shall indicate those that have	1183
an auctioneer's license issued under section 4707.07 of the	1184
Revised Code.	1185

(D)(1) The department shall not issue a license under this	1186
section unless one of the following applies, as applicable:	1187

(a) If the applicant is a general or limited partnership, not	1188
less than fifty per cent of the general partners have a current	1189
license issued under section 4707.07 of the Revised Code.	1190

(b) If the applicant is a corporation, not less than fifty	1191
per cent of the directors and the president or chief executive	1192
have a current license issued under section 4707.07 of the Revised	1193
Code.	1194

(c) If the applicant is an unincorporated association, not	1195
less than fifty per cent of the members have a current license	1196
issued under section 4707.07 of the Revised Code.	1197

Failure of a corporation, partnership, or unincorporated	1198
association to maintain the applicable requirements of this	1199
division after the issuance of a license under this section may be	1200
sufficient cause for the revocation of the license under section	1201
4707.15 of the Revised Code.	1202

(2) Not later than two years after the effective date of this	1203
section, a corporation, partnership, or unincorporated association	1204
that was issued a license under section 4707.07 of the Revised	1205
Code on or before the effective date of this section shall comply	1206
with the requirements established in division (D)(1) of this	1207
section. If such a corporation, partnership, or unincorporated	1208
association fails to comply with those requirements, the license	1209
of the corporation, partnership, or unincorporated association	1210
immediately shall terminate.	1211

(E) Upon the issuance of a license under this section, a	1212
corporation, partnership, or unincorporated association shall	1213
designate an individual from among its directors, partners, or	1214
members who is licensed under section 4707.07 of the Revised Code	1215
as its agent for purposes of communication with the department. If	1216
that individual ceases to be the agent, the corporation,	1217
partnership, or unincorporated association shall notify the	1218
department not later than ten days after the day on which the	1219
individual ceases to be the agent. Upon notification to the	1220
department, the license of the corporation, partnership, or	1221
unincorporated association, as applicable, immediately shall	1222
terminate. If the corporation, partnership, or unincorporated	1223
association notifies the department of the designation of a new	1224
agent in accordance with the requirements of this division and	1225
pays a fee in the amount of ten dollars, the department shall	1226
issue the corporation, partnership, or unincorporated association	1227
a new license.	1228

(F) This section does not preclude a corporation,	1229
partnership, or unincorporated association from selling real	1230
property at auction, provided that the requirements of this	1231
section and section 4707.021 and Chapter 4735. of the Revised Code	1232
are satisfied.	1233

(G) A person licensed as a real estate broker under Chapter	1234
4735. of the Revised Code shall not be required to obtain a	1235
license under this section if the person complies with sections	1236
4707.021 and 4707.22 of the Revised Code.	1237

Sec. 4707.074. (A) A person who is not otherwise licensed	1238
under this chapter and who only provides auction services or holds	1239
the person's self out as providing auction services shall do so	1240
only with a valid auction firm license issued under this section.	1241
This section does not apply to either of the following:	1242

(1) A person licensed as a motor vehicle auction owner under	1243
Chapter 4517. of the Revised Code who exclusively sells motor	1244
vehicles and who uses an auctioneer who is licensed under this	1245
chapter to conduct the auction;	1246

(2) A person licensed as a livestock dealer under Chapter	1247
943. of the Revised Code who exclusively sells livestock and uses	1248
an auctioneer who is licensed under this chapter to conduct the	1249
auction.	1250

(B) The department of agriculture may grant an auction firm	1251
license to an auction firm that is determined to be qualified by	1252
the department. Every applicant for an auction firm license shall	1253
furnish to the department, on forms provided by the department,	1254
satisfactory proof that the applicant:	1255

(1) Is in good standing with the secretary of state if the	1256
applicant is a corporation;	1257

(2) Is of trustworthy character;

1258

(3) Is registered with the secretary of state or a local	1259
authority, as applicable, to do business in this state;	1260

(4) Has complied with any other requirement that the director	1261
establishes in rules adopted under section 4707.19 of the Revised	1262
Code;	1263

(5) Has a general knowledge of the requirements of the	1264
Revised Code and the general principles regarding auctions,	1265
auctioneering, and auction management;	1266

(6) Has provided proof of financial responsibility in the	1267
amount of fifty thousand dollars in the form of a surety bond, an	1268
irrevocable letter of credit, or cashbond;	1269

(7) Employs a firm manager as required under division (D) of	1270
this section.	1271

(C) An application submitted under this section for an	1272
auction firm license shall list the names of all of the owners,	1273
directors, partners, or members of the applicant, as applicable.	1274

(D) An auction firm shall designate a firm manager. The firm	1275
manager shall have sufficient authority in the operation of the	1276
auction firm to ensure compliance with this chapter and rules	1277
adopted under it. If the firm manager does not have a current	1278
license issued under section 4707.07 of the Revised Code, the firm	1279
manager shall pass the written examination held under section	1280
4707.08 of the Revised Code before the department may issue a	1281
license under this section to the auction firm.	1282

(E)(1) An auction firm license issued under this section	1283
immediately shall terminate if any of the following occurs:	1284

(a) The auction firm incorporates.

1285

(b) The auction firm ceases to operate as a corporation.

1286

(c) The auction firm changes ownership.

1287

(d) If the auction firm is a partnership, the firm changes	1288
the number of partners in the partnership or changes the partners	1289
comprising the partnership.	1290

(e) The auction firm changes the firm manager.

1291

(f) The auction firm changes the name under which the firm	1292
conducts business.	1293

(g) The auction firm changes its permanent business location.

1294

If a license terminates under this division, the licensee	1295
immediately shall cease auction services, notify the department of	1296
the termination, and return the terminated license to the	1297
department.	1298

(2) Not later than ten days prior to the date on which an	1299
auction firm license will terminate pursuant to division	1300
(E)(1)(a), (b), (c), or (d) of this section, the auction firm may	1301
submit an application for a new auction firm license in accordance	1302
with division (B) of this section. If the auction firm submits the	1303
application, returns the terminated license, and pays a fee in the	1304
amount of one hundred dollars, the department may issue a new	1305
license under this section.	1306

(3) If a license terminates pursuant to division (E)(1)(e),	1307
(f), or (g) of this section and the formerly licensed auction firm	1308
notifies the department, returns the terminated license, and pays	1309
a fee in the amount of ten dollars, the department shall issue a	1310
new license under this division.	1311

(F) For purposes of the financial responsibility that is	1312
required under division (B) of this section, if a person provides	1313
a surety bond, the bond shall be executed by a surety company that	1314
is authorized to do business in this state. The bond shall be made	1315
payable to the department and shall include a condition that	1316
requires the applicant to comply with this chapter and rules	1317
adopted under it, including a requirement that the person refrain	1318
from conduct described in section 4707.15 of the Revised Code. A	1319
bond shall be on a form that is approved by the director. A person	1320
who is issued a license under this section shall maintain the	1321
financial responsibility that is required under division (B) of	1322
this section for as long as the person is licensed.	1323

(G) An auction firm licensed under this section shall not	1324
conduct the bid calling for the sale of real or personal property	1325
at auction.	1326

Sec. 4707.08.  (A) The department of agriculture shall hold	1327
written examinations four times each year for the purpose of	1328
testing the qualifications required for obtaining a license under	1329
section 4707.07 of the Revised Code and twelve times each year for	1330
obtaining a license under section 4707.09 of the Revised Code and	1331
for unlicensed auction firm managers as required under division	1332
(D) of section 4707.074 of the Revised Code. The written	1333
examination shall be held at the department or at an alternative	1334
location determined by the department. In addition to the written	1335
examination, auctioneer license applicants shall pass an oral	1336
examination administered by the state auctioneers commission on	1337
the same date and at the same location as the written examination.	1338
An examination shall not be required for the renewal of any	1339
license unless suchthe license has been revoked, suspended, or	1340
allowed to expire without renewal, in which case the applicant	1341
shall take and pass the appropriate examinations offered by the	1342
department.	1343

An examination fee of twenty-five dollars shall be collected	1344
from each person taking the auctioneer examination and fifteen	1345
dollars from each person taking either the apprentice auctioneer	1346
examination or the auction firm manager examination to defray	1347
expenses of holding suchthe examinations.	1348

(B) All applications and proofs mustshall be filed by each	1349
applicant before the scheduled date of examination, and mustshall	1350
be accompanied by a bondproof of financial responsibility and a	1351
license fee. In order to be seated for an examination held under	1352
this section, an applicant shall have a complete application on	1353
file with the department not later than fourteen days prior to the	1354
examination date.	1355

(C) If a court of competent jurisdiction or the department,	1356
at an administrative hearing, has found that an applicant	1357
conducted an auction, provided auction services, or acted as an	1358
auctioneer without a license issued under this chapter, the	1359
department may refuse to allow the applicant to take an	1360
examination under this section or may deny the issuance of a	1361
license to the applicant for a period of two years.	1362

(D)(1) If an applicant for a license fails to pass the	1363
examination, the applicant may take the examination on the next	1364
scheduled date for the examination. If an applicant fails to pass	1365
the examination on the second consecutive attempt, the applicant	1366
shall not take the examination on the next scheduled date for the	1367
examination.	1368

(2) If an applicant for a license fails to pass the	1369
examination on the third attempt, the applicant shall attend	1370
auction school a second time before the applicant may take the	1371
examination. If an applicant for a license fails to pass the	1372
examination on the fourth attempt, the applicant shall not take	1373
the examination for at least one year from the date of the last	1374
failed attempt.	1375

(3) If an individual who is taking the examination for an	1376
auction firm manager fails to pass the examination on the third	1377
attempt, the individual shall not take the examination for one	1378
year from the date of the last failed attempt.	1379

Sec. 4707.09.  The department of agriculture may grant	1380
apprentice auctioneers' licenses to those persons deemedthat are	1381
determined to be qualified by the department. Every applicant for	1382
an apprentice auctioneer's license shall pass an examination	1383
relating to the skills, knowledge, and statutes and rules	1384
governing auctioneers. Every applicant for an apprentice	1385
auctioneer's license shall furnish to the department, on forms	1386
provided by the department, satisfactory proof that the applicant:	1387

(A) Has a good reputation;

1388

(B) Is of trustworthy character;

1389

(C) Has attained the age of at least eighteen years;

1390

(D) Has obtained a written promise of a licensed auctioneer	1391
to sponsor the applicant during the applicant's apprenticeship;	1392

(E) Has satisfied the financial responsibility requirements	1393
established under section 4707.11 of the Revised Code if	1394
applicable;	1395

(F) Has successfully completed a course of study in	1396
auctioneering at an institution that is approved by the state	1397
auctioneers commission.	1398

Before an apprentice may take the auctioneer's license	1399
examination, the apprentice shall serve an apprenticeship of at	1400
least twelve months, successfully complete a course of study in	1401
auctioneering at an institution that is approved every three years	1402
by the state auctioneers commission, and conduct,participate as a	1403
bid caller,in at least twelve auction sales under the direct	1404
supervision of the sponsoring licensed auctioneer, which sales	1405
auctions shall be certified by the licensed auctioneer on the	1406
apprentice's application for an auctioneer's license. No	1407
apprentice auctioneer shall be under the sponsorship of more than	1408
one licensed auctioneer at one time.	1409

If an auctioneer intends to terminate sponsorship of an	1410
apprentice auctioneer, the sponsoring auctioneer shall notify the	1411
apprentice auctioneer of the sponsoring auctioneer's intention by	1412
certified mail, return receipt requested, at least ten days prior	1413
to the effective date of termination and, at the same time, shall	1414
deliver or mail by certified mail to the department of agriculture	1415
a copy of the termination notice and the license of the apprentice	1416
auctioneer. No apprentice auctioneer shall perform any acts under	1417
authority of the apprentice's license after the effective date of	1418
the termination until the apprentice receives a new license	1419
bearing the name and address of the apprentice's new sponsor. No	1420
more than one license shall be issued to any apprentice auctioneer	1421
for the same period of time.	1422

No licensed auctioneer shall have under the licensed	1423
auctioneer's sponsorship more than two apprentice auctioneers at	1424
one time. No auctioneer shall sponsor an apprentice auctioneer if	1425
the auctioneer has not been licensed and in good standing for a	1426
period of at least two years immediately before sponsoring the	1427
apprentice auctioneer. A sponsoring auctioneer whose license is	1428
suspended or revoked shall send to the department the apprentice	1429
auctioneer's license not later than fourteen days after the	1430
suspension or revocation. If a sponsoring auctioneer's license is	1431
suspended or revoked, the apprentice auctioneer shall obtain a	1432
written promise of sponsorship from another licensed auctioneer	1433
before performing any acts under the authority of an apprentice	1434
auctioneer's license. The apprentice auctioneer shall send a copy	1435
of the written promise of sponsorship of another auctioneer to the	1436
department. If the department receives a copy of such a written	1437
promise of sponsorship and the apprentice pays the fee established	1438
by the department, the department shall issue a new license to the	1439
apprentice.	1440

An apprentice auctioneer may terminate the apprentice's	1441
sponsorship with an auctioneer by notifying the auctioneer of the	1442
apprentice's intention by certified mail, return receipt	1443
requested, at least ten days prior to the effective date of	1444
termination. At the same time, the apprentice shall deliver or	1445
mail by certified mail to the department of agriculture a copy of	1446
the termination notice. Upon receiving the termination notice, the	1447
sponsoring auctioneer shall promptly deliver or mail by certified	1448
mail to the department the license of the apprentice auctioneer.	1449

The termination of a sponsorship, regardless of who initiates	1450
the termination, shall not be cause for an apprentice auctioneer	1451
to lose credit for any certified sales the apprentice conducted	1452
auctions in which the apprentice participated as a bid caller or	1453
apprenticeship time the apprentice served under the direct	1454
supervision of the former sponsor.	1455

Sec. 4707.091. (A) Prior to the expiration of an auctioneer's	1456
or apprentice auctioneer's license, an auctioneer or apprentice	1457
auctioneer may submit an application to the department of	1458
agriculture, on forms provided by the department, to place the	1459
license on deposit with the department for a period not to exceed	1460
two years. Not later than fourteen days after receipt of an	1461
application under this section, the department shall accept or	1462
deny the application.	1463

(B) If the department accepts the application, an auctioneer	1464
or apprentice auctioneer who has a license on deposit with the	1465
department under this section shall not act as an auctioneer or	1466
apprentice auctioneer while the license is on deposit. In	1467
addition, such an auctioneer shall not be required to pay an	1468
assessment under section 4707.25 of the Revised Code.	1469

(C) An auctioneer or apprentice auctioneer may reacquire a	1470
license on deposit from the department if the auctioneer or	1471
apprentice auctioneer does all of the following prior to	1472
reacquisition:	1473

(1) Submits a written request to the department that contains	1474
the business address and telephone number of the auctioneer or	1475
apprentice auctioneer, as applicable;	1476

(2) Pays a reactivation fee for the license in the following	1477
amount, as applicable:	1478

(a) In the case of an apprentice auctioneer, one hundred	1479
dollars;	1480

(b) In the case of an auctioneer whose license is reacquired	1481
during the first half of the biennium according to the biennial	1482
schedule established in division (B) of section 4707.10 of the	1483
Revised Code, two hundred dollars;	1484

(c) In the case of an auctioneer whose license is reacquired	1485
during the second half of the biennium according to that biennial	1486
schedule, one hundred dollars.	1487

(3) Pays the assessment that is levied under section 4707.25	1488
of the Revised Code for the current year, if applicable;	1489

(4) Provides proof of financial responsibility as required in	1490
section 4707.11 of the Revised Code, if applicable;	1491

(5) Complies with any other requirement established in rules	1492
adopted by the director under section 4707.19 of the Revised Code.	1493

(D) If an auctioneer or apprentice auctioneer, at the time of	1494
placing the auctioneer's or apprentice auctioneer's license on	1495
deposit, as applicable, has not maintained proof of financial	1496
responsibility for the entire period of time required under	1497
section 4707.11 of the Revised Code, the auctioneer or apprentice	1498
auctioneer, beginning at the time of reacquisition, shall maintain	1499
proof of financial responsibility for the remainder of the time	1500
required under that section.	1501

Sec. 4707.10.  (A) For purposes of this section, the	1502
department of agriculture shall adopt rules in accordance with	1503
section 4707.19 of the Revised Code prescribing fees that	1504
licensees must pay and license renewal deadlines and procedures	1505
with which licensees must comply. Until those rules are adopted,	1506
licensees shall pay the fees and comply with the license renewal	1507
deadlines and procedures established in this section.	1508

(B) The fee for each auctioneer's, apprentice auctioneer's,	1509
or special auctioneer'sor auction firm license issued by the	1510
department is one hundred dollars, and the annual renewal fee for	1511
any such license is one hundred dollars. All licenses expire	1512
annually on the last day of June of each year and shall be renewed	1513
according to the standard renewal procedures of Chapter 4745. of	1514
the Revised Code, or the procedures of this section. Any licensee	1515
under this chapter who wishes to renew the licensee's license, but	1516
fails to do so before the first day of July shall reapply for	1517
licensure in the same manner and pursuant to the same requirements	1518
as for initial licensure, unless before the first day of September	1519
of the year of expiration, the former licensee pays to the	1520
department, in addition to the regular renewal fee, a late renewal	1521
penalty of one hundred dollars.	1522

(B)(1) Each person to whom the department issues an	1523
auctioneer's license or special auctioneer's license shall pay a	1524
licensure fee. Those licenses are biennial and expire in	1525
accordance with the schedule established in division (B)(2) of	1526
this section. If such a license is issued during the first year of	1527
a biennium, the licensee shall pay a fee in the amount of two	1528
hundred dollars. If the license is issued during the second year	1529
of a biennium, the licensee shall pay a fee in the amount of one	1530
hundred dollars. With respect to an auctioneer's license, the fees	1531
apply regardless of whether the license is issued to an individual	1532
under section 4707.07 of the Revised Code or to a corporation,	1533
partnership, or association under section 4707.073 of the Revised	1534
Code.	1535

All auctioneer's licenses and special auctioneer's licenses	1536
expire on the last day of June of the biennium. The licenses shall	1537
be renewed in accordance with the standard renewal procedures of	1538
Chapter 4745. of the Revised Code or the procedures in this	1539
section and upon the licensee's payment to the department of a	1540
renewal fee of two hundred dollars. A licensee who wishes to renew	1541
the licensee's license, but who fails to do so before the first	1542
day of July following the license's expiration, shall reapply for	1543
licensure in the same manner and pursuant to the same requirements	1544
as for the initial licensure unless before the first day of	1545
September following the expiration, the former licensee pays to	1546
the department, in addition to the regular renewal fee, a late	1547
renewal penalty of one hundred dollars.	1548

(2) The biennial expiration of an auctioneer's license or	1549
special auctioneer's license shall occur in accordance with the	1550
following schedule:	1551

(a) The license shall expire in odd-numbered years if the	1552
business name or last name, as applicable, of the licensee begins	1553
with the letters "A" through "J" or with the letters "X" through	1554
"Z."	1555

(b) The license shall expire in even-numbered years if the	1556
business name or last name, as applicable, of the licensee begins	1557
with the letters "K" through "W."	1558

(C) Any person who fails to renew the person's license before	1559
the first day of July is prohibited from engaging in any activity	1560
specified or comprehended in section 4707.01 of the Revised Code	1561
until such time as the person's license is renewed or a new	1562
license is issued. Renewal of a license between the first day of	1563
July and the first day of September does not relieve any person	1564
from complying with this division. The department may refuse to	1565
renew the license of or issue a new license to any person who	1566
violates this division.	1567

(D) The department shall prepare and deliver to each licensee	1568
a permanent license certificate and an identification card, the	1569
appropriate portion of which shall be carried on the person of the	1570
licensee at all times when engaged in any type of auction	1571
activity, and part of which shall be posted with the permanent	1572
certificate in a conspicuous location at the licensee's place of	1573
business.	1574

(E) Notice in writing shall be given to the department by	1575
each auctioneer or apprentice auctioneer licensee of any change of	1576
principal business location or any change or addition to the name	1577
or names under which business is conducted, whereupon the	1578
department shall issue a new license for the unexpired period. Any	1579
change of business location or change or addition of names without	1580
notification to the department shall automatically cancel any	1581
license previously issued. For each new auctioneer or apprentice	1582
auctioneer license issued upon the occasion of a change in	1583
business location or a change in or an addition of names under	1584
which business is conducted, the department may collect a fee of	1585
ten dollars for each change in location, or name or each added	1586
name unless the notification of the change occurs concurrently	1587
with the renewal application or unless otherwise provided in	1588
section 4707.07 of the Revised Code.	1589

Sec. 4707.11. (A) Except as provided in division (B) of this	1590
section, each application for a license issued under this chapter	1591
shall be accompanied by proof of financial responsibility in the	1592
form of either an irrevocable letter of credit or a cash bond or a	1593
surety bond in the amount of twenty-five thousand dollars. If the	1594
applicant gives a surety bond, the bond shall be executed by a	1595
surety company authorized to do business in this state.	1596

A bond shall be made payable to the department of agriculture	1597
and shall be conditionedinclude a condition that requires the	1598
applicant shallto comply with this chapter and rules adopted	1599
under it, including refraininga requirement that the person	1600
refrain from conduct described in section 4707.15 of the Revised	1601
Code. All bonds shall be on a form approved by the director of	1602
agriculture.	1603

A licensee shall maintain proof of financial responsibility	1604
for three years following the date of initial licensure. After the	1605
three-year period, a licensee who has not engaged in conduct	1606
described in section 4707.15 of the Revised Code and has not	1607
otherwise violated this chapter or rules adopted under it during	1608
that period shall no longer be required to maintain proof of	1609
financial responsibility except as otherwise provided in this	1610
section.	1611

A licensee whose license expires without being renewed under	1612
section 4707.10 of the Revised Code or is suspended under section	1613
4707.30 of the Revised Code shall give proof of financial	1614
responsibility in accordance with this section in order to obtain	1615
reinstatement or reactivation of the license.	1616

(B) Division (A) of this section does not apply to eitherany	1617
of the following:	1618

(1) A licensee whose license was issued prior to July 1,	1619
2003, provided that the license continues to be renewed under	1620
section 4707.10 of the Revised Code and is not suspended under	1621
section 4707.15 or 4707.30 of the Revised Code;	1622

(2) An apprentice auctioneer licensee whose license was	1623
issued under section 4707.09 of the Revised Code prior to July 1,	1624
2003, and who applies for an auctioneer's license under section	1625
4707.07 of the Revised Code on or after July 1, 2003, provided	1626
that the apprentice auctioneer's license is not suspended under	1627
section 4707.15 or 4707.30 of the Revised Code, and, if necessary,	1628
continues to be renewed under section 4707.10 of the Revised Code,	1629
prior to the issuance of the auctioneer's license to the	1630
applicant;	1631

(3) An auction firm license that is issued under section	1632
4707.074 of the Revised Code.	1633

Sec. 4707.111.  The state, through the department of	1634
agriculture and in accordance with this chapter, shall solely	1635
regulate auctioneers, auction firms, and the conduct of auction	1636
sales.	1637

By enactment of this chapter, it is the intent of the general	1638
assembly to preempt municipal corporations and other political	1639
subdivisions from the regulation and licensing of auctioneers,	1640
auction firms, and auction sales.	1641

At least twenty-four hours prior to an auction, the person	1642
licensed under this chapter to conduct the auction shall notify,	1643
via telephone, mail, or personal delivery, the chief of police of	1644
the municipal corporation in which the auction site is located,	1645
or, if the site is in the unincorporated area of a county, the	1646
county sheriff as to the location and time of the auction and give	1647
to that officer a general description of the items offered for	1648
sale. A licensee who conducts regular auction sales on a fixed day	1649
at the same location is required to provide such notice to the	1650
chief of police or county sheriff only once. However, the licensee	1651
shall notify the chief of police or county sheriff if the auctions	1652
subsequently are discontinued or are conducted on a different day	1653
or at a different location.	1654

Sec. 4707.12.  A nonresident may operate as an auctioneer,	1655
apprentice auctioneer, or special auctioneer within the state by	1656
conforming to this chapter.	1657

The department of agriculture may, within its discretion,	1658
waive the testing and schooling requirements for a nonresident,	1659
provided that the nonresident holds a valid auctioneer or	1660
apprentice auctioneer license issued by a state with which the	1661
department has entered into a reciprocal licensing agreement.	1662
Nonresidents wishing to so operate in this state shall make	1663
application in writing to the department and furnish the	1664
department with proof of their ability to conduct an auction,	1665
proof of license and bond if they reside in a state with these	1666
requirementsfinancial responsibility, as well as other	1667
information whichthat the department may request. If a state with	1668
which the department has entered into a reciprocal licensing	1669
agreement does not require an apprenticeship, the applicant shall	1670
provide proof of license for a period of at least one year prior	1671
to receipt of the application.	1672

This section does not apply to nonresident auctioneers who	1673
reside in states under the laws of which similar recognition and	1674
courtesies aredo not extended to licensed auctioneers of this	1675
have a license from a state with which the department has entered	1676
into a reciprocal licensing agreement.	1677

Sec. 4707.14.  (A) Each person licensed under sections	1678
4707.07 to 4707.22 of the Revised Codethis chapter shall have a	1679
definite place of business in this state.	1680

(B) Except as provided in division (C) of this section, if	1681
the licensee is a nonresident, it is not necessary for himthe	1682
licensee to maintain an active place of business within this state	1683
if hethe licensee maintains such a place of business in the state	1684
where hethe licensee is a resident.	1685

(C) A nonresident former auction company licensee who is	1686
licensed as a special auctioneer under section 4707.071 of the	1687
Revised Code shall have a definite place of business within the	1688
state and shall not conduct auctions anywhere else in the state	1689
other than histhe licensee's place of business.	1690

Sec. 4707.15.  The department of agriculture may deny, refuse	1691
to renew, suspend, or revoke the license of any auction firm,	1692
auctioneer, apprentice auctioneer, or special auctioneer for any	1693
of the following causes:	1694

(A) Obtaining a license through false or fraudulent	1695
representation;	1696

(B) Making any substantial misrepresentation in an	1697
application for an auctioneer's, apprentice auctioneer's, or	1698
special auctioneer'sa license;	1699

(C) A continued course of misrepresentation or for making	1700
false promises through agents, advertising, or otherwise;	1701

(D) Specifying that an auction is a reserve auction, absolute	1702
auction, or estate auction, but not conducting the auction as	1703
specified;	1704

(E) Failing to account for or remit, within a reasonable	1705
time, any money or property belonging to others that comes into	1706
the licensee's possession, and for commingling funds of others	1707
with the licensee's own, or failing to keep such funds of others	1708
in an escrow or trusteetrust account, except that in the case of	1709
a transaction involving real estate, such funds shall be	1710
maintained in accordance with division (A)(26) of section 4735.18	1711
of the Revised Code;	1712

(E)(F) Paying valuable consideration to any person who has	1713
violated this chapter;	1714

(F)(G) Conviction in a court of competent jurisdiction of	1715
this state or any other state of a criminal offense involving	1716
fraud, forgery, embezzlement, false pretenses, extortion,	1717
conspiracy to defraud, or another similar offense or a felony;	1718

(G)(H) Violation of this chapter or rules adopted under it;

1719

(H)(I) Failure to furnish voluntarily at the time of	1720
execution, copies of all written instruments prepared by the	1721
auctioneer or auction firm;	1722

(I)(J) Any conduct of an auctioneer whicha person that is	1723
licensed under this chapter that demonstrates bad faith,	1724
dishonesty, incompetency, or untruthfulness;	1725

(J)(K) Any other conduct that constitutes improper,	1726
fraudulent, or dishonest dealings;	1727

(K)(L) Failing prior to the sale at public auction to enter	1728
into a written contract with the owner or consignee of any	1729
property to be sold, containing the terms and conditions upon	1730
which suchthe licensee received the property for saleauction;	1731

(L)(M) The use of any power of attorney to circumvent this	1732
chapter;	1733

(M)(N) Failure to display the sign required under section	1734
4707.22 of the Revised Code and a notice conspicuously at the	1735
clerk's desk or on a bid card that clearly states the terms and	1736
conditions of the sale, the name of the auctioneer or special	1737
auctioneer conducting the sale, and that the auctioneer or special	1738
auctioneer is licensed by the department of agriculture and has	1739
filed a bondauction;	1740

(N)(O) Failure to notify the department of any conviction of	1741
a felony or crime involving fraud within fifteen days of	1742
conviction;	1743

(O) Acting in the capacity of an auctioneer, whether for	1744
valuable consideration or not, for any special auctioneer that is	1745
not licensed under this chapter(P) Aiding an unlicensed person in	1746
the performance of services or acts that require a license under	1747
this chapter;	1748

(Q) The suspension or revocation of a license to engage in	1749
auctioneering or other disciplinary action by the licensing	1750
authority of another state;	1751

(R) The refusal or disapproval by the licensing authority of	1752
another state of an application for a license to engage in	1753
auctioneering;	1754

(S) Failure of a licensee to notify the department of	1755
agriculture within fifteen days of a disciplinary action against	1756
the licensee by another state's applicable governing authority;	1757

(T) Engaging in auctioneering or providing auction services	1758
without a license or during the suspension of a license;	1759

(U) Attempting to cheat or cheating on an auctioneer	1760
examination or aiding another to cheat on an examination.	1761

Sec. 4707.151.  (A) No person shall engage in bid rigging.

1762

(B) As used in this section, "bid rigging" means a conspiracy	1763
between auctioneers, apprentice auctioneers, special auctioneers,	1764
any participants in an auction, or any other persons who agree not	1765
to bid against each other at an auction or who otherwise conspire	1766
to decrease or increase the number or amounts of bids offered at	1767
auction.	1768

Sec. 4707.16.  (A) The department of agriculture may, upon	1769
its own motion, and shall, upon the verified written complaint of	1770
any person, investigate the actions of any auction firm,	1771
auctioneer, apprentice auctioneer, or special auctioneer, any	1772
applicant for an auction firm's, auctioneer's, apprentice	1773
auctioneer's, or special auctioneer's license, or any person who	1774
assumes to act in that capacity, if the complaint, together with	1775
other evidence presented in connection with it, makes out a	1776
prima-facie case.	1777

If the department determines that any such applicant is not	1778
entitled to receive a license, a license shall not be granted to	1779
suchthe applicant, and if the department determines that any	1780
licensee is guilty of a violation of section 4707.14 or 4707.15 of	1781
the Revised Code, the department may suspend or revoke the	1782
license. Any auction firm, auctioneer, apprentice auctioneer, or	1783
special auctioneer who has had the auction firm's, auctioneer's,	1784
apprentice auctioneer's, or special auctioneer's license revoked	1785
shall not be issued another such license for a period of two years	1786
from the date of revocation.	1787

(B) The department may investigate complaints concerning the	1788
violation of sections 4707.02 and 4707.15 of the Revised Code and	1789
may subpoena witnesses in connection with such investigations as	1790
provided in this section. The department may make application to	1791
the court of common pleas for an order enjoining the violation of	1792
sections 4707.02 and 4707.15 of the Revised Code, and upon a	1793
showing by the department that any licensed auction firm,	1794
auctioneer, apprentice auctioneer, or special auctioneer has	1795
violated or is about to violate section 4707.15 of the Revised	1796
Code, or any person has violated or is about to violate section	1797
4707.02 of the Revised Code, an injunction, restraining order, or	1798
other order as may be appropriate shall be granted by the court.	1799

(C) The department may compel by subpoena the attendance of	1800
witnesses to testify in relation to any matter over which it has	1801
jurisdiction and whichthat is the subject of inquiry and	1802
investigation by it, and require the production of any book,	1803
paper, or document pertaining to suchthat matter. In case any	1804
person fails to file any statement or report, obey any subpoena,	1805
give testimony, or produce any books, records, or papers as	1806
required by such a subpoena, the court of common pleas of any	1807
county in the state, upon application made to it by the	1808
department, shall compel obedience by attachment proceedings for	1809
contempt, as in the case of disobedience of the requirements of a	1810
subpoena issued from suchthat court, or a refusal to testify	1811
therein.	1812

(D) When the department determines that a person not licensed	1813
under this chapter is engaged in or is believed to be engaged in	1814
activities for which a license is required under this chapter, the	1815
department may issue an order to that person requiring the person	1816
to show cause as to why the person should not be subject to	1817
licensing under this chapter. If the department, after a hearing,	1818
determines that the activities in which the person is engaged are	1819
subject to licensing under this chapter, the department may issue	1820
a cease-and-desist order whichthat shall describe the person and	1821
activities whichthat are subject to the order. A cease-and-desist	1822
order issued under this section shall be enforceable in and may be	1823
appealed to the common pleas courts of this state under Chapter	1824
119. of the Revised Code.	1825

(E) In addition to the remedies provided under this section	1826
and irrespective of whether an adequate remedy at law exists, the	1827
department may apply to a court of common pleas for a temporary or	1828
permanent injunction or other appropriate relief for continued	1829
violations of this chapter. For purposes of this division, the	1830
court of common pleas shall be the court of common pleas of	1831
Licking county or the court of common pleas of the county where	1832
the violation occurs.	1833

(F) For purposes of this section, investigative costs	1834
incurred by the department are recoverable either by the issuance	1835
of an administrative order of the department or by an order of a	1836
court of competent jurisdiction.	1837

Sec. 4707.171.  There is hereby created in the state treasury	1838
the auction education fund. Seven dollars and fifty cents of each	1839
fee collected for an initial or renewed auctioneer'sauction	1840
firm's or apprentice auctioneer's license shall be credited to the	1841
auction education fund. In addition, seven dollars and fifty cents	1842
out of each one hundred dollars that is collected as a fee for an	1843
initial or renewed auctioneer's license or for a renewed special	1844
auctioneer's license shall be credited to the fund. All interest	1845
earned on moneys deposited in the state treasury to the credit of	1846
the auction education fund shall be credited to the fund.	1847

The Ohiostate auctioneers commission shall use any moneys	1848
from the auction education fund to advance and underwrite	1849
education and research in the auction field for the benefit of	1850
those licensed under this chapter and the auctioneering public and	1851
to cooperate with associations of auctioneers and other groups for	1852
the education of auctioneers and the advancement of the auction	1853
profession in this state.	1854

Sec. 4707.18.  No person engaged in the business of, or	1855
acting in the capacity of, an auction firm, auctioneer, or special	1856
auctioneer shall bring or maintain any action in the courts of	1857
this state for the collection of compensation for any services	1858
performed as an auction firm or auctioneer without first alleging	1859
and proving that the person was a duly licensed auction firm,	1860
auctioneer, or special auctioneer at the time the alleged cause of	1861
action arose.	1862

Sec. 4707.19. (A) The director of agriculture may adopt	1863
reasonable rules necessary for the implementation of this chapter	1864
in accordance with Chapter 119. of the Revised Code. In addition,	1865
the director shall adopt rules in accordance with Chapter 119. of	1866
the Revised Code that establish the portion of license fees	1867
collected under this chapter that are to be deposited into the	1868
auction recovery fund under section 4707.25 of the Revised Code.	1869
The	1870

No person shall fail to comply with a rule adopted under this	1871
chapter.	1872

(B) The director shall adopt rules that establish a schedule	1873
of civil penalties for violations of this chapter, rules adopted	1874
under it, or orders issued under it. The rules shall provide that	1875
the civil penalty for the first violation of this chapter, rule,	1876
or order shall not exceed five thousand dollars and the civil	1877
penalty for each subsequent offense shall not exceed ten thousand	1878
dollars. In addition, the director, in establishing the schedule	1879
of civil penalties in the rules, shall consider past violations of	1880
this chapter and rules adopted under it, the severity of a	1881
violation, and the amount of actual or potential damage to the	1882
public or the auction profession.	1883

(C) The department of agriculture may hear testimony in	1884
matters relating to the duties imposed on it, and any person	1885
authorized by the director may administer oaths. The department	1886
may require other proof of the honesty, truthfulness, and good	1887
reputation of any person named in the application for an auction	1888
firm's, auctioneer's, apprentice auctioneer's, or special	1889
auctioneer's license before admitting the applicant to an	1890
examination or issuing a license.	1891

Sec. 4707.20.  (A) No person shall act as an auction firm,	1892
auctioneer, or special auctioneer on a sale at auction until the	1893
person has first entered into a written contract or agreement in	1894
duplicate with the owner or consignee of any property to be sold,	1895
containing the terms and conditions upon which the licensee	1896
receives or accepts the property for sale at auction. The	1897
contracts or agreements shall, for a period of two years, be kept	1898
on file in the office of every person so licensed. No apprentice	1899
auctioneer shall be authorized to enter into such a contract or	1900
agreement without the written consent of the apprentice	1901
auctioneer's sponsoring auctioneer, and all contracts or	1902
agreements shall be made in the name of and on behalf of the	1903
sponsoring auctioneer. In addition, an apprentice auctioneer shall	1904
not enter into an auction contract for the sale of real property	1905
in the name of the sponsoring auctioneer regardless of whether the	1906
apprentice auctioneer is licensed as a real estate broker or	1907
salesperson.	1908

(B) On all contracts or agreements between an auction firm,	1909
auctioneer, or special auctioneer and the owner or consignee,	1910
there shall appear a prominent statement indicating that the	1911
auction firm, auctioneer, or special auctioneer is licensed by the	1912
department of agriculture, and either that the licensee is bonded	1913
in favor of the state or that an aggrieved person may initiate a	1914
claim against the auction recovery fund created in section 4707.25	1915
of the Revised Code as a result of the licensee's actions,	1916
whichever is applicable.	1917

(C) The auction firm, auctioneer, or special auctioneer who	1918
contracts with the owner is liable for the settlement of all money	1919
received, including the payment of all expenses incurred only by	1920
the licensee and the distribution of all funds, in connection with	1921
an auction.	1922

(D) For purposes of this section, a contract or agreement	1923
shall specify all of the following:	1924

(1) The owner of the property to be sold or the owner's agent	1925
or the consignee;	1926

(2) The date of the auction or a termination date of the	1927
contract or agreement;	1928

(3) The location of the auction;

1929

(4) The terms and conditions of the auction;

1930

(5) All of the fees to be charged by the auctioneer or the	1931
auction firm, which shall include commissions, rentals,	1932
advertising, and labor;	1933

(6) An explanation of the settlement of the auction that	1934
includes the disbursement of interest money, if applicable;	1935

(7) A statement establishing the responsibility for bad	1936
checks, debts, and unpaid auction items;	1937

(8) A statement indicating whether the auction is a reserve	1938
auction or an absolute auction. In addition, the statement shall	1939
include the definition of reserve auction or absolute auction from	1940
section 4707.01 of the Revised Code, as applicable.	1941

(9) A statement of the auctioneer's or auction firm's policy	1942
regarding absentee bidding;	1943

(10) A brief description of the real or personal property to	1944
be sold;	1945

(11) If the sale is of real or personal property at absolute	1946
auction, a statement affirming that the seller of the real or	1947
personal property has a bona fide intention to transfer ownership	1948
of the property to the highest bidder.	1949

Sec. 4707.21.  No auction firm, auctioneer, apprentice	1950
auctioneer, or special auctioneer shall willfully neglect or	1951
refuse to furnish the department of agriculture statistics or	1952
other information in the auction firm's, auctioneer's, apprentice	1953
auctioneer's, or special auctioneer's possession or under the	1954
auction firm's, auctioneer's, apprentice auctioneer's, or special	1955
auctioneer's control, whichthat the auction firm, auctioneer,	1956
apprentice auctioneer, or special auctioneer is authorized to	1957
collect; nor shall the auction firm, auctioneer, apprentice	1958
auctioneer, or special auctioneer neglect or refuse, for more than	1959
thirty days, to answer questions submitted on circulars; nor shall	1960
the auction firm, auctioneer, apprentice auctioneer, or special	1961
auctioneer knowingly answer any such questions falsely; nor shall	1962
the auction firm, auctioneer, apprentice auctioneer, or special	1963
auctioneer refuse to obey subpoenas and give testimony. Licensees	1964
shall keep records relative to any auction sale for at least two	1965
years from the date of saleauction. These records shall include	1966
settlement sheets, written contracts, and copies of any	1967
advertising that lists the items for saleauction, as applicable.	1968

Sec. 4707.22. (A) Any auctioneer, apprentice auctioneer, or	1969
special auctioneerperson licensed under this chapter who	1970
advertises, by linear advertisements or otherwise, to hold or	1971
conduct an auction shall indicate in suchthe advertisement his	1972
the licensee's name or the name registered with the department of	1973
agriculture and that hethe licensee is an auctioneer or	1974
apprentice auctioneer. Any apprentice auctioneer who advertises,	1975
as provided in this section, must also shall indicate in histhe	1976
apprentice's advertisement the name of the auctioneer under whom	1977
hethe apprentice is licensed. The name of the auctioneer shall be	1978
displayed in equal prominence with the name of the apprentice	1979
auctioneer in suchthe advertisement. Any such licensee who	1980
advertises in a manner other than as provided in this section is	1981
guilty of violating division (C) of section 4707.15 of the Revised	1982
Code.	1983

(B) An auction firm licensed under this chapter that	1984
advertises, by linear advertisements or otherwise, to solicit or	1985
receive consignments or to provide auction services shall indicate	1986
in the advertisement the name of the auction firm. In addition, an	1987
advertisement of an auction of consignments or an advertisement by	1988
an auction firm of an auction for which the auction firm will	1989
provide auction services shall comply with divisions (A) and (D)	1990
of this section.	1991

(C) If an auction to be advertised is an absolute auction,	1992
all advertisements for the auction shall unequivocally state that	1993
the auction is an absolute auction.	1994

(D) If an advertisement for an auction contains the words	1995
"estate auction," or words to that effect, the person licensed	1996
under this chapter who advertises shall do both of the following:	1997

(1) Enter into an agreement directly with the executor,	1998
administrator, or court appointed designee of the estate property;	1999

(2) List prominently in the advertisement the county in which	2000
the estate is located and the probate court case number of the	2001
estate.	2002

(E) All persons licensed under this chapter that conduct or	2003
are involved in an auction jointly are responsible for the posting	2004
of a sign at the auction. The sign shall contain all of the	2005
following:	2006

(1) The name of all licensed persons involved in the auction;

2007

(2) A statement that the persons are licensed by the	2008
department of agriculture;	2009

(3) The address of the department of agriculture.

2010

The sign shall be posted at the main entrance of the auction,	2011
at the place of registration for the auction, or by the cashier	2012
for the auction. The sign shall be of a size not smaller than	2013
eight and one-half inches by eleven inches. The letters and	2014
numbers on the sign shall be of adequate size to be readily seen	2015
by an individual with normal vision when viewing it.	2016

(F) An advertisement for the sale of real property at auction	2017
shall contain the name of the licensed auctioneer who is entering	2018
into the auction contract and the name of the real estate broker	2019
licensed under Chapter 4735. of the Revised Code who is involved	2020
in the sale. Compliance with this section shall not require a real	2021
estate broker licensed under Chapter 4735. of the Revised Code to	2022
obtain a license under section 4707.073 of the Revised Code.	2023

Sec. 4707.26. (A)(1) A person who asserts that they havethe	2024
person has been aggrieved by the actions of a person licensed	2025
under this chapter that resulted in actual and direct losses to	2026
the aggrieved person may initiate a claim against the auction	2027
recovery fund either under this section or section 4707.261 of the	2028
Revised Code. If an aggrieved person who wishes to seek recovery	2029
from the auction recovery fund has obtained a final judgment in a	2030
court of competent jurisdiction against the licensee, the	2031
aggrieved person shall initiate the claim in accordance with	2032
section 4707.261 of the Revised Code. If an aggrieved person who	2033
wishes to seek recovery from the auction recovery fund has not	2034
obtained a final judgment in a court of competent jurisdiction	2035
against the licensee, the aggrieved person shall initiate the	2036
claim in accordance with this section.	2037

(2) An aggrieved person may initiate a claim against the	2038
auction recovery fund under this section if bothall of the	2039
following apply:	2040

(a) The loss was associated with an act or transaction that	2041
only a person licensed under this chapter lawfully may perform.	2042

(b) The licensee's actions are described in section 4707.15	2043
of the Revised Code or otherwise violate this chapter or rules	2044
adopted under it.	2045

(c) The licensee is not an auction firm.

2046

To initiate a claim against the fund, an aggrieved person	2047
shall file a verified complaint with the department of agriculture	2048
in accordance with section 4707.16 of the Revised Code. The	2049
verified complaint shall include an application to the department	2050
that requests recovery of the applicant's actual and direct losses	2051
and that is made on forms that the department provides. The	2052
application for recovery shall specify the nature of the act or	2053
transaction on which the applicant's claim is based, the actual	2054
and direct losses sustained by the applicant, and any activities	2055
that the applicant has pursued as a remedy for the losses.	2056

(B) Upon receipt of a verified compliantcomplaint and	2057
application, the department shall conduct an investigation in	2058
accordance with section 4707.16 of the Revised Code. After the	2059
investigation, if the department determines that the licensee has	2060
engaged in conduct described in section 4707.15 of the Revised	2061
Code or otherwise has violated this chapter or rules adopted under	2062
it, the department shall propose to take action to suspend or	2063
revoke the licensee's license under section 4707.15 of the Revised	2064
Code or to initiate a criminal action against the licensee under	2065
section 4707.99 of the Revised Code, or both. The department shall	2066
issue a letter to the applicant indicating the department's	2067
proposed action and the date of any hearing that the department	2068
has scheduled regarding the matter.	2069

(C) Upon exhaustion of administrative remedies or criminal	2070
proceedings that results in a finding that the licensee has	2071
engaged in conduct described in section 4707.15 of the Revised	2072
Code or otherwise has violated this chapter or rules adopted under	2073
it, the department shall issue a notice in accordance with Chapter	2074
119. of the Revised Code via certified mail to the applicant	2075
indicating that the applicant may request a hearing for relief	2076
from the auction recovery fund. An applicant who seeks recovery	2077
from the fund of any actual and direct losses suffered as a result	2078
of a licensee's conduct shall submit, not later than thirty days	2079
following receipt of the notice, a request for a hearing to the	2080
department.	2081

Upon the timely receipt of a request for a hearing, the	2082
department shall provide the applicant with the opportunity to	2083
appear at an adjudication hearing to offer proof and evidence of	2084
the actual and direct losses. Whenever possible, the department	2085
shall require all applicants whose claims to the fund arose from	2086
an underlying transaction involving the same licensee to be joined	2087
in one adjudication under this section so that the rights of all	2088
applicants may be equitably adjudicated and settled. On behalf of	2089
the fund, the department may defend claims against the fund and	2090
shall have recourse to all appropriate means of defense and	2091
review, including examination of witnesses, and verification of	2092
actual losses.	2093

(D) Upon the conclusion of the adjudication hearing, the	2094
hearing officer shall issue a report and recommendation in favor	2095
of making payment to an applicant from the fund if, during the	2096
course of the adjudication hearing, all of the following have been	2097
shown:	2098

(1) The licensee has engaged in conduct described in section	2099
4707.15 of the Revised Code or otherwise has violated this chapter	2100
or rules adopted under it.	2101

(2) The licensee's conduct or violation is associated with an	2102
act that only a person licensed under this chapter lawfully may	2103
perform and the act resulted in direct and actual losses to the	2104
applicant.	2105

(3) The applicant filed a verified complaint and application	2106
with the department as required by this section.	2107

(4) The applicant is not the spouse of the licensee nor the	2108
personal representative of the licensee's spouse.	2109

(5) If the licensee either provided an irrevocable letter of	2110
credit or gave bond in accordance with section 4707.11 of the	2111
Revised Code, the applicant first sought recovery under the	2112
irrevocable letter of credit or bond before applying for payment	2113
from the fund.	2114

The amount of any payment from the fund to the applicant	2115
shall consist of an amount that is equal to the portion of the	2116
actual and direct losses incurred by the applicant that remain	2117
unpaid. The amount of the payment is subject to the dollar	2118
limitation established in section 4707.29 of the Revised Code.	2119

If the hearing officer determines that not all of the items	2120
described in divisions (D)(1) to (5) of this section have been	2121
shown during the course of the adjudication hearing, the hearing	2122
officer shall issue a report and recommendation against making	2123
payment from the fund to the applicant.	2124

(E) Pursuant to section 119.09 of the Revised Code, a hearing	2125
officer or the hearing officer's representative shall forward by	2126
certified mail a copy of the hearing officer's written report and	2127
recommendation to the applicant or the applicant's attorney or	2128
other representative not later than five days after the date on	2129
which the report and recommendation are filed.	2130

Not later than ten days after receiving such a copy, the	2131
applicant may file with the department written objections to the	2132
report and recommendation. The department may grant extensions of	2133
time to the applicant within which to file objections.	2134

The objections shall be considered by the department before	2135
it approves, modifies, or disapproves the recommendation. The	2136
department may order additional testimony to be taken or permit	2137
the introduction of further documentary evidence.	2138

The recommendation of the hearing officer may be approved,	2139
modified, or disapproved by order of the director of agriculture.	2140
The order shall not be issued until more than ten days have	2141
elapsed following the applicant's receipt of the report and	2142
recommendation as provided by this section. The director's	2143
approval, modification, or disapproval of the hearing officer's	2144
recommendation shall have the same effect as if the hearing had	2145
been conducted by the director.	2146

No recommendation shall be final until approved, modified, or	2147
disapproved by the director as indicated by the order entered on	2148
the record of proceedings of the department. If the director	2149
modifies or disapproves the recommendations of the hearing	2150
officer, the director shall include in the record of the	2151
proceedings the reasons for the modification or disapproval.	2152

After an order is entered on its journal, the department	2153
shall make payment, if applicable, to the applicant from the	2154
auction recovery fund in accordance with the order and shall	2155
provide to the applicant by certified mail, return receipt	2156
requested, a copy of the order and a statement of the time and	2157
method by which an appeal may be perfected. In addition, the	2158
department shall mail a copy of the order to the attorney or other	2159
representative of the applicant.	2160

(F) An order of the director issued under this section	2161
constitutes a final determination of the director for purposes of	2162
appeal. An applicant who is denied compensation from the auction	2163
recovery fund or who receives an award less than the award	2164
requested may appeal the order of the director. Notices of appeal	2165
shall be filed in the manner provided in section 119.12 of the	2166
Revised Code.	2167

Sec. 4707.32. (A) A person who asserts that the person has	2168
been aggrieved solely by the actions of an auction firm that	2169
resulted in actual and direct losses to the aggrieved person may	2170
seek recovery under the auction firm's financial responsibility	2171
that is required under section 4707.074 of the Revised Code. The	2172
director of agriculture shall adopt rules under section 4707.19 of	2173
the Revised Code that do all of the following:	2174

(1) Establish procedures for filing a claim against an	2175
auction firm's financial responsibility;	2176

(2) Establish procedures that provide for the equitable	2177
disbursement of money for multiple claims against the auction firm	2178
that resulted from the same circumstances;	2179

(3) Establish procedures for providing notice to the	2180
department of agriculture from a person seeking recovery under	2181
this division;	2182

(4) Limit an aggrieved person's recovery to the actual and	2183
direct losses caused by the auction firm.	2184

(B) A person who asserts that the person has been aggrieved	2185
by the actions of both an auction firm and a licensed auctioneer	2186
related to an auction that resulted in actual and direct losses to	2187
the aggrieved person may file a cause of action with a court of	2188
competent jurisdiction claiming that a violation of this chapter	2189
or rules adopted under it resulted in the actual and direct	2190
losses. The court shall determine if there was a violation of this	2191
chapter or rules adopted under it that resulted in those losses.	2192
If the court determines that the auction firm, the licensed	2193
auctioneer, or both violated this chapter or rules adopted under	2194
it and that the violation resulted in the aggrieved person's	2195
actual and direct losses, the court shall determine the percentage	2196
of culpability, in relation to one hundred per cent, that is	2197
attributable to each party to the action from whom the complainant	2198
seeks recovery.	2199

If the court finds that the percentage of culpability that is	2200
attributable to the licensed auctioneer is greater than zero, the	2201
aggrieved person may initiate a claim against the auction recovery	2202
fund in accordance with sections 4707.26 to 4707.31 of the Revised	2203
Code to recover that percentage of the actual and direct losses	2204
sustained by the person. If the court finds that the percentage of	2205
culpability that is attributable to the auction firm is greater	2206
than zero, the aggrieved person may recover that percentage of the	2207
actual and direct losses sustained by the person under the auction	2208
firm's financial responsibility that is required under section	2209
4707.074 of the Revised Code.	2210

The total aggregate amount that is paid to the aggrieved	2211
person from the auction recovery fund and the auction firm's	2212
financial responsibility shall not exceed the actual and direct	2213
losses sustained by the person. In addition, the total aggregate	2214
amount that is paid from the auction recovery fund shall not	2215
exceed the dollar limitations established in section 4707.29 of	2216
the Revised Code, and the total aggregate amount that is paid from	2217
the auction firm's financial responsibility shall not exceed the	2218
dollar limitations established in section 4707.074 of the Revised	2219
Code.	2220

(C) If a person files a cause of action under division (B) of	2221
this section, the person immediately shall send written notice to	2222
the department of agriculture.	2223

Sec. 4707.99.  (A) Whoever acts as an auctioneer, apprentice	2224
auctioneer, or special auctioneer as defined inviolates section	2225
4707.014707.02 of the Revised Code, without first obtaining a	2226
license, upon conviction thereof, shall be fined not less than one	2227
hundred nor more than one thousand dollars, or imprisoned not more	2228
than ninety days, or bothis guilty of a misdemeanor of the first	2229
degree on the first offense and a felony of the fifth degree on	2230
each subsequent offense.	2231

(B) Whoever violates this chapter or any rule promulgated	2232
adopted by the department of agriculture in the administration of	2233
this chapter, for the violation of which no penalty is provided,	2234
shall be fined not less than fifty nor more than two hundred	2235
dollarsis guilty of a misdemeanor of the first degree.	2236

(C) Whoever violates section 4707.151 of the Revised Code	2237
shall be fined not more than fifty thousand dollars, or imprisoned	2238
not more than one year, or bothis guilty of a felony of the fifth	2239
degree on the first offense and a felony of the fourth degree on	2240
each subsequent offense.	2241

(D) Notwithstanding section 1901.31, 1907.20, or 2335.37 of	2242
the Revised Code, the clerk of the court shall transmit to the	2243
treasurer of state for deposit into the state treasury to the	2244
credit of the auction education fund created in section 4707.171	2245
of the Revised Code fifty per cent of any fine imposed under this	2246
section.	2247

Sec. 4727.03.  (A) As used in this section, "experience and	2248
fitness in the capacity involved" means that the applicant for a	2249
pawnbroker's license demonstrates sufficient financial	2250
responsibility, reputation, and experience in the pawnbroker	2251
business, or in a related business, to act as a pawnbroker in	2252
compliance with this chapter. "Experience and fitness in the	2253
capacity involved" shall be determined by:	2254

(1) Prior or current ownership or management of, or	2255
employment in, a pawnshop;	2256

(2) Demonstration to the satisfaction of the superintendent	2257
of financial institutions of a thorough working knowledge of all	2258
pawnbroker laws and rules as they relate to the actual operation	2259
of a pawnshop.	2260

A demonstration shall include a demonstration of an ability	2261
to properly complete forms, knowledge of how to properly calculate	2262
interest and storage charges, and knowledge of legal notice and	2263
forfeiture procedures. The final determination of whether an	2264
applicant's demonstration is adequate rests with the	2265
superintendent of financial institutions.	2266

(3) A submission by the applicant and any stockholders,	2267
owners, managers, directors, or officers of the pawnshop, and	2268
employees of the applicant to a police record check; and	2269

(4) Liquid assets in a minimum amount of one hundred thousand	2270
dollars at the time of applying for initial licensure and	2271
demonstration of the ability to maintain the liquid assets at a	2272
minimum amount of fifty thousand dollars for the duration of	2273
holding a valid pawnbroker's license.	2274

(B) The superintendent may grant a license to act as a	2275
pawnbroker to any person of good character and having experience	2276
and fitness in the capacity involved to engage in the business of	2277
pawnbroking upon the payment to the superintendent of a license	2278
fee determined by the superintendent pursuant to section 1321.20	2279
of the Revised Code. A license is not transferable or assignable.	2280

(C) The superintendent may consider an application withdrawn	2281
and may retain the investigation fee required under division (D)	2282
of this section if both of the following are true:	2283

(1) An application for a license does not contain all of the	2284
information required under division (B) of this section.	2285

(2) The information is not submitted to the superintendent	2286
within ninety days after the superintendent requests the	2287
information from the applicant in writing.	2288

(D) The superintendent shall require an applicant for a	2289
pawnbroker's license to pay to the superintendent a nonrefundable	2290
initial investigation fee of two hundred dollars, which is for the	2291
exclusive use of the state. The	2292

(E)(1) Except as otherwise provided in division (E)(2) of	2293
this section, a pawnbroker's license shall be issued by the	2294
superintendent and shall expireexpires on the thirtieth day of	2295
June next following the date of its issuance, and may be renewed	2296
annually by the thirtieth day of June in accordance with the	2297
standard renewal procedure set forth in Chapter 4745. of the	2298
Revised Code. Fifty per cent of the annual license fee shall be	2299
for the use of the state, and fifty per cent shall be paid by the	2300
state to the municipal corporation, or if outside the limits of	2301
any municipal corporation, to the county, in which the office of	2302
the licensee is located. All such fees payable to municipal	2303
corporations or counties shall be paid annually.	2304

(E) Every(2) A pawnbroker's license shall beissued or	2305
renewed annually by the thirtieth day of June according to	2306
superintendent on or after January 1, 2006, expires on the	2307
thirtieth day of June in the even-numbered year next following the	2308
date of its issuance or renewal, as applicable, and may be renewed	2309
biennially by the thirtieth day of June in accordance with the	2310
standard renewal procedure ofset forth in Chapter 4745. of the	2311
Revised Code. Fifty per cent of the biennial license fee shall be	2312
for the use of the state, and fifty per cent shall be paid by the	2313
state to the municipal corporation, or if outside the limits of	2314
any municipal corporation, to the county, in which the office of	2315
the licensee is located. All such fees payable to municipal	2316
corporations or counties shall be paid biennially.	2317

(F) The fee for renewal of a license shall be equivalent to	2318
the fee for an initial license established by the superintendent	2319
pursuant to section 1321.20 of the Revised Code. Any licensee who	2320
wishes to renew the pawnbroker's license but who fails to do so on	2321
or before the thirtieth day of Junedate the license expires shall	2322
reapply for licensure in the same manner and pursuant to the same	2323
requirements as for initial licensure, unless the licensee pays to	2324
the superintendent on or before the thirty-first day of August of	2325
the year the license expires, a late renewal penalty of one	2326
hundred dollars in addition to the regular renewal fee. Any	2327
licensee who fails to renew the license on or before the thirtieth	2328
day of Junedate the license expires is prohibited from acting as	2329
a pawnbroker until the license is renewed or a new license is	2330
issued under this section. Any licensee who renews a license	2331
between the first day of July and the thirty-first day of August	2332
of the year the license expires is not relieved from complying	2333
with this division. The superintendent may refuse to issue to or	2334
renew the license of any licensee who violates this division.	2335

(F)(G) No license shall be granted to any person not a	2336
resident of or the principal office of which is not located in the	2337
municipal corporation or county designated in such license unless	2338
that applicant, in writing and in due form approved by and filed	2339
with the superintendent, first appoints an agent, a resident of	2340
the state, and city or county where the office is to be located,	2341
upon whom all judicial and other process, or legal notice,	2342
directed to the applicant may be served. In case of the death,	2343
removal from the state, or any legal disability or any	2344
disqualification of any such agent, service of such process or	2345
notice may be made upon the superintendent.	2346

The superintendent may, upon notice to the licensee and	2347
reasonable opportunity to be heard, suspend or revoke any license	2348
or assess a penalty against the licensee if the licensee, or the	2349
licensee's officers, agents, or employees, has violated this	2350
chapter. Any penalty shall be appropriate to the violation but in	2351
no case shall the penalty be less than two hundred nor more than	2352
two thousand dollars. Whenever, for any cause, a license is	2353
suspended or revoked, the superintendent shall not issue another	2354
license to the licensee nor to the legal spouse of the licensee,	2355
nor to any business entity of which the licensee is an officer or	2356
member or partner, nor to any person employed by the licensee,	2357
until the expiration of at least two years from the date of	2358
revocation or suspension of the license. The superintendent shall	2359
deposit all penalties allocated pursuant to this section into the	2360
state treasury to the credit of the consumer finance fund.	2361

Any proceedings for the revocation or suspension of a license	2362
or to assess a penalty against a licensee are subject to Chapter	2363
119. of the Revised Code.	2364

(G)(H) If a licensee surrenders or chooses not to renew the	2365
pawnbroker's license, the licensee shall notify the superintendent	2366
thirty days prior to the date on which the licensee intends to	2367
close the licensee's business as a pawnbroker. Prior to the date,	2368
the licensee shall do either of the following with respect to all	2369
active loans:	2370

(1) Dispose of an active loan by selling the loan to another	2371
person holding a valid pawnbroker's license issued under this	2372
section;	2373

(2) Reduce the rate of interest on pledged articles held as	2374
security for a loan to eight per cent per annum or less effective	2375
on the date that the pawnbroker's license is no longer valid.	2376

Sec. 4727.04.  (A) An application for a pawnbroker's license	2377
shall state fully the name and address of the applicant and of	2378
every member, partner, stockholder, or owner of an applicant, and	2379
the location of the office or place of business in which the	2380
business is conducted; and in the case of a corporation, shall	2381
also state the date and place of its incorporation, the name and	2382
address of its manager, the names and addresses of its directors,	2383
the name and address of the agent as provided in section 4727.03	2384
of the Revised Code, and any other information required by the	2385
superintendent of financial institutions.	2386

The license shall be kept posted in a conspicuous place in	2387
the office where the business is transacted. No person so licensed	2388
shall transact or solicit business under any other name or at any	2389
location other than at the address stated in the person's license.	2390
No licensee may move the licensee's business location without	2391
prior notification to the superintendent of at least thirty days.	2392
If the licensee moves out of the municipal corporation or county	2393
in which the licensee was originally licensed, the licensee shall	2394
pay an additional annual license fee equivalent to the fee for an	2395
initial license to be distributed in accordance with section	2396
4727.03 of the Revised Code.	2397

(B) The superintendent may issue to a pawnbroker licensed	2398
under this chapter a temporary exhibition permit pursuant to	2399
division (C)(1) of section 4728.04 of the Revised Code.	2400

(1) A licensee who wishes to be issued a temporary permit	2401
pursuant to division (C)(1) of section 4728.04 of the Revised Code	2402
shall make request for such issuance by letter addressed to the	2403
superintendent. The letter of request shall contain the licensee's	2404
name, permanent business address, and license number.	2405

(2) Upon receipt of a temporary exhibition permit, the permit	2406
holder shall conspicuously display the permit at the place where	2407
the permit holder transacts business at any auction, convention,	2408
exhibition, fair, or show.	2409

(3) Every permit holder who wishes to participate in an	2410
auction, convention, exhibition, fair, or show, at least two weeks	2411
prior to its opening, shall notify the superintendent and the	2412
chief of police of the municipal corporation in which the event is	2413
to take place, or if the event is to take place outside of any	2414
municipal corporation, then the sheriff of the county in which the	2415
event is to take place. Such notification shall be by letter and	2416
shall include the permit holder's name, permanent business	2417
address, and permit number, and the place where the event is	2418
scheduled to be held.	2419

(C) Every licensee shall post at the main door of the	2420
licensee's place of business the hours or times when the	2421
establishment is open for business. No licensee shall collect	2422
interest and storage on any loan for any regular business day that	2423
the establishment is not open for business as posted, unless prior	2424
notice of a closing is posted on the door or the closing is	2425
occasioned by an act of God, unforeseen emergency, or other event	2426
beyond the control of the licensee. A licensee shall notify the	2427
superintendent of any change in the posted hours of operation.	2428

(D) No licensee shall fail to observe the posted hours of	2429
operation pursuant to division (C) of this section except as	2430
authorized by that division.	2431

Sec. 4727.06.  (A) No pawnbroker shall charge, receive, or	2432
demand interest for any loan in excess of five per cent per month	2433
or fraction of a month on the unpaid principal. Interest shall be	2434
computed on a monthly basis on the amount of the principal	2435
remaining unpaid on the first day of the month and shall not be	2436
compounded.	2437

(B) In addition to the rate of interest limitation imposed	2438
pursuant to division (A) of this section, the licensee may charge	2439
no more than:	2440

(1) ThreeFour dollars per month or fraction of a month for	2441
all pledged articles held as security or stored for a loan, to be	2442
agreed to in writing at the time the loan is made;	2443

(2) Four dollars plus the actual cost of shipping, when the	2444
licensee is to deliver or forward the pledged article by express	2445
or parcel post to the pledgor;	2446

(3) Two dollars for the loss of the original statement issued	2447
to the pledgor by the licensee pursuant to section 4727.07 of the	2448
Revised Code upon redemption of the pledged articles;	2449

(4) Two dollars for the cost of notifying a pledgor by mail	2450
that the pledged articles may be forfeited to the licensee	2451
pursuant to section 4727.11 of the Revised Code.	2452

(C) A licensee who complies with the requirements or	2453
procedures of this state pursuant to the application of the "Brady	2454
Handgun Violence Protection Act," 107 Stat. 1536 (1993), 18	2455
U.S.C.A. 922, as amended, may charge any fee the licensee is	2456
required by law to pay in order to comply with such requirements	2457
or procedures. The licensee may charge no more than two dollars	2458
for providing services in compliance with such requirements or	2459
procedures.	2460

(D) A pledgor may pay a portion of the outstanding principal	2461
loan balance at any time. A pledgor may redeem a pawn loan at any	2462
time after seventy-two hours have passed since the pledge was	2463
made. A pledgor may not prepay interest or storage charges, except	2464
when the pledgor redeems the pledged property.	2465

Section 2. That existing sections 505.94, 1321.20, 2925.01,	2466
4517.02, 4707.01, 4707.02, 4707.021, 4707.03, 4707.04, 4707.05,	2467
4707.06, 4707.07, 4707.071, 4707.072, 4707.08, 4707.09, 4707.10,	2468
4707.11, 4707.111, 4707.12, 4707.14, 4707.15, 4707.151, 4707.16,	2469
4707.171, 4707.18, 4707.19, 4707.20, 4707.21, 4707.22, 4707.26,	2470
4707.99, 4727.03, 4727.04, and 4727.06 of the Revised Code are	2471
hereby repealed.	2472

Section 3. To facilitate implementation of the schedule for	2473
the biennial expiration of auctioneer's licenses and special	2474
auctioneer's licenses that is established in division (B)(2) of	2475
section 4707.10 of the Revised Code, as amended by this act, both	2476
of the following apply with respect to such licenses that are	2477
issued during the time period beginning July 1, 2005, and ending	2478
June 30, 2006:	2479

(A) Upon payment of a licensure fee in the amount of two	2480
hundred dollars, an applicant for an initial license or license	2481
renewal whose last name or business name, as applicable, begins	2482
with the letters "A" through "J" or with the letters "X" through	2483
"Z" shall be issued a license that expires on June 30, 2007.	2484

(B) Upon payment of a licensure fee in the amount of one	2485
hundred dollars, an applicant for an initial license or license	2486
renewal whose last name or business name, as applicable, begins	2487
with the letters "K" through "W" shall be issued a license that	2488
expires on June 30, 2006.	2489

The provisions concerning license renewal that are	2490
established in section 4707.10 of the Revised Code, as amended by	2491
this act, apply to all licenses that expire after the effective	2492
date of this act.	2493