Sub. S. B. No. 185 As Pending in Senate Finance and Financial Institutions Committee

Senators Padgett, Schuring

A BILL

To amend sections 109.572, 1322.03, 1322.031, 1
1322.04, 1322.041, 1322.051, 1322.06, 1322.061, 2
1322.062, 1322.07, 1322.11, 1345.01, 1345.09, 3
1349.31, 4735.05, 4763.03, 4763.05, 4763.06, 4
4763.12, 4763.13, and 4763.99 and to enact 5
sections 1321.541, 1322.063, 1322.064, 1322.074, 6
1322.075, 1322.081, 1349.41, 1349.43, 1349.44, and 7
4763.19 of the Revised Code to modify the 8
application of, and damages available under, the 9
Consumer Sales Practices Act; to generally 10
prohibit the appraisal of real estate without 11
state certification or licensure; to require that 12
a national criminal background check be conducted 13
on all applicants for a mortgage broker 14
certificate of registration, loan officer license, 15
or real estate appraiser certificate or license; 16
to modify the Mortgage Broker/Loan Officer Law 17
with respect to disclosure of information, 18
fiduciary duties, prohibited acts, record keeping, 19
and pre-licensure examination; and to make other 20
changes relative to mortgage lending. 21

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

       Section 1. That sections 109.572, 1322.03, 1322.031, 1322.04, 22
1322.041, 1322.051, 1322.06, 1322.061, 1322.062, 1322.07, 1322.11, 23
1345.01, 1345.09, 1349.31, 4735.05, 4763.03, 4763.05, 4763.06, 24
4763.12, 4763.13, and 4763.99 be amended and sections 1321.541, 25
1322.063, 1322.064, 1322.074, 1322.075, 1322.081, 1349.41, 26
1349.43, 1349.44, and 4763.19 of the Revised Code be enacted to 27
read as follows: 28

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 29
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or 30
5153.111 of the Revised Code, a completed form prescribed pursuant 31
to division (C)(1) of this section, and a set of fingerprint 32
impressions obtained in the manner described in division (C)(2) of 33
this section, the superintendent of the bureau of criminal 34
identification and investigation shall conduct a criminal records 35
check in the manner described in division (B) of this section to 36
determine whether any information exists that indicates that the 37
person who is the subject of the request previously has been 38
convicted of or pleaded guilty to any of the following: 39

       (a) A violation of section 2903.01, 2903.02, 2903.03, 40
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 41
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 42
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 43
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 44
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 45
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 46
2925.06, or 3716.11 of the Revised Code, felonious sexual 47
penetration in violation of former section 2907.12 of the Revised 48
Code, a violation of section 2905.04 of the Revised Code as it 49
existed prior to July 1, 1996, a violation of section 2919.23 of 50
the Revised Code that would have been a violation of section 51
2905.04 of the Revised Code as it existed prior to July 1, 1996, 52
had the violation been committed prior to that date, or a 53
violation of section 2925.11 of the Revised Code that is not a 54
minor drug possession offense; 55

       (b) A violation of an existing or former law of this state, 56
any other state, or the United States that is substantially 57
equivalent to any of the offenses listed in division (A)(1)(a) of 58
this section. 59

       (2) On receipt of a request pursuant to section 5123.081 of 60
the Revised Code with respect to an applicant for employment in 61
any position with the department of mental retardation and 62
developmental disabilities, pursuant to section 5126.28 of the 63
Revised Code with respect to an applicant for employment in any 64
position with a county board of mental retardation and 65
developmental disabilities, or pursuant to section 5126.281 of the 66
Revised Code with respect to an applicant for employment in a 67
direct services position with an entity contracting with a county 68
board for employment, a completed form prescribed pursuant to 69
division (C)(1) of this section, and a set of fingerprint 70
impressions obtained in the manner described in division (C)(2) of 71
this section, the superintendent of the bureau of criminal 72
identification and investigation shall conduct a criminal records 73
check. The superintendent shall conduct the criminal records check 74
in the manner described in division (B) of this section to 75
determine whether any information exists that indicates that the 76
person who is the subject of the request has been convicted of or 77
pleaded guilty to any of the following: 78

       (a) A violation of section 2903.01, 2903.02, 2903.03, 79
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 80
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 81
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 82
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 83
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 84
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 85
2925.03, or 3716.11 of the Revised Code; 86

       (b) An existing or former municipal ordinance or law of this 87
state, any other state, or the United States that is substantially 88
equivalent to any of the offenses listed in division (A)(2)(a) of 89
this section. 90

       (3) On receipt of a request pursuant to section 173.41, 91
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed 92
form prescribed pursuant to division (C)(1) of this section, and a 93
set of fingerprint impressions obtained in the manner described in 94
division (C)(2) of this section, the superintendent of the bureau 95
of criminal identification and investigation shall conduct a 96
criminal records check with respect to any person who has applied 97
for employment in a position that involves providing direct care 98
to an older adult. The superintendent shall conduct the criminal 99
records check in the manner described in division (B) of this 100
section to determine whether any information exists that indicates 101
that the person who is the subject of the request previously has 102
been convicted of or pleaded guilty to any of the following: 103

       (a) A violation of section 2903.01, 2903.02, 2903.03, 104
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 105
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 106
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 107
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 108
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 109
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 110
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 111
2925.22, 2925.23, or 3716.11 of the Revised Code; 112

       (b) An existing or former law of this state, any other state, 113
or the United States that is substantially equivalent to any of 114
the offenses listed in division (A)(3)(a) of this section. 115

       (4) On receipt of a request pursuant to section 3701.881 of 116
the Revised Code with respect to an applicant for employment with 117
a home health agency as a person responsible for the care, 118
custody, or control of a child, a completed form prescribed 119
pursuant to division (C)(1) of this section, and a set of 120
fingerprint impressions obtained in the manner described in 121
division (C)(2) of this section, the superintendent of the bureau 122
of criminal identification and investigation shall conduct a 123
criminal records check. The superintendent shall conduct the 124
criminal records check in the manner described in division (B) of 125
this section to determine whether any information exists that 126
indicates that the person who is the subject of the request 127
previously has been convicted of or pleaded guilty to any of the 128
following: 129

       (a) A violation of section 2903.01, 2903.02, 2903.03, 130
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 131
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 132
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 133
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 134
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 135
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 136
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 137
violation of section 2925.11 of the Revised Code that is not a 138
minor drug possession offense; 139

       (b) An existing or former law of this state, any other state, 140
or the United States that is substantially equivalent to any of 141
the offenses listed in division (A)(4)(a) of this section. 142

       (5) On receipt of a request pursuant to section 5111.95 or 143
5111.96 of the Revised Code with respect to an applicant for 144
employment with a waiver agency participating in a department of 145
job and family services administered home and community-based 146
waiver program or an independent provider participating in a 147
department administered home and community-based waiver program in 148
a position that involves providing home and community-based waiver 149
services to consumers with disabilities, a completed form 150
prescribed pursuant to division (C)(1) of this section, and a set 151
of fingerprint impressions obtained in the manner described in 152
division (C)(2) of this section, the superintendent of the bureau 153
of criminal identification and investigation shall conduct a 154
criminal records check. The superintendent shall conduct the 155
criminal records check in the manner described in division (B) of 156
this section to determine whether any information exists that 157
indicates that the person who is the subject of the request 158
previously has been convicted of or pleaded guilty to any of the 159
following: 160

       (a) A violation of section 2903.01, 2903.02, 2903.03, 161
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 162
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 163
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 164
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 165
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 166
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 167
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 168
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 169
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the 170
Revised Code, felonious sexual penetration in violation of former 171
section 2907.12 of the Revised Code, a violation of section 172
2905.04 of the Revised Code as it existed prior to July 1, 1996, a 173
violation of section 2919.23 of the Revised Code that would have 174
been a violation of section 2905.04 of the Revised Code as it 175
existed prior to July 1, 1996, had the violation been committed 176
prior to that date; 177

       (b) An existing or former law of this state, any other state, 178
or the United States that is substantially equivalent to any of 179
the offenses listed in division (A)(5)(a) of this section. 180

       (6) On receipt of a request pursuant to section 3701.881 of 181
the Revised Code with respect to an applicant for employment with 182
a home health agency in a position that involves providing direct 183
care to an older adult, a completed form prescribed pursuant to 184
division (C)(1) of this section, and a set of fingerprint 185
impressions obtained in the manner described in division (C)(2) of 186
this section, the superintendent of the bureau of criminal 187
identification and investigation shall conduct a criminal records 188
check. The superintendent shall conduct the criminal records check 189
in the manner described in division (B) of this section to 190
determine whether any information exists that indicates that the 191
person who is the subject of the request previously has been 192
convicted of or pleaded guilty to any of the following: 193

       (a) A violation of section 2903.01, 2903.02, 2903.03, 194
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 195
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 196
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 197
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 198
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 199
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 200
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 201
2925.22, 2925.23, or 3716.11 of the Revised Code; 202

       (b) An existing or former law of this state, any other state, 203
or the United States that is substantially equivalent to any of 204
the offenses listed in division (A)(6)(a) of this section. 205

       (7) When conducting a criminal records check upon a request 206
pursuant to section 3319.39 of the Revised Code for an applicant 207
who is a teacher, in addition to the determination made under 208
division (A)(1) of this section, the superintendent shall 209
determine whether any information exists that indicates that the 210
person who is the subject of the request previously has been 211
convicted of or pleaded guilty to any offense specified in section 212
3319.31 of the Revised Code. 213

       (8) On a request pursuant to section 2151.86 of the Revised 214
Code, a completed form prescribed pursuant to division (C)(1) of 215
this section, and a set of fingerprint impressions obtained in the 216
manner described in division (C)(2) of this section, the 217
superintendent of the bureau of criminal identification and 218
investigation shall conduct a criminal records check in the manner 219
described in division (B) of this section to determine whether any 220
information exists that indicates that the person who is the 221
subject of the request previously has been convicted of or pleaded 222
guilty to any of the following: 223

       (a) A violation of section 2903.01, 2903.02, 2903.03, 224
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 225
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 226
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 227
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 228
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 229
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 230
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a 231
violation of section 2905.04 of the Revised Code as it existed 232
prior to July 1, 1996, a violation of section 2919.23 of the 233
Revised Code that would have been a violation of section 2905.04 234
of the Revised Code as it existed prior to July 1, 1996, had the 235
violation been committed prior to that date, a violation of 236
section 2925.11 of the Revised Code that is not a minor drug 237
possession offense, or felonious sexual penetration in violation 238
of former section 2907.12 of the Revised Code; 239

       (b) A violation of an existing or former law of this state, 240
any other state, or the United States that is substantially 241
equivalent to any of the offenses listed in division (A)(8)(a) of 242
this section. 243

       (9) When conducting a criminal records check on a request 244
pursuant to section 5104.013 of the Revised Code for a person who 245
is an owner, licensee, or administrator of a child day-care center 246
or type A family day-care home or an authorized provider of a 247
certified type B family day-care home, the superintendent, in 248
addition to the determination made under division (A)(1) of this 249
section, shall determine whether any information exists that 250
indicates that the person has been convicted of or pleaded guilty 251
to any of the following: 252

       (a) A violation of section 2913.02, 2913.03, 2913.04, 253
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 254
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 255
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 256
2921.13, or 2923.01 of the Revised Code, a violation of section 257
2923.02 or 2923.03 of the Revised Code that relates to a crime 258
specified in this division or division (A)(1)(a) of this section, 259
or a second violation of section 4511.19 of the Revised Code 260
within five years of the date of application for licensure or 261
certification. 262

       (b) A violation of an existing or former law of this state, 263
any other state, or the United States that is substantially 264
equivalent to any of the offenses or violations described in 265
division (A)(9)(a) of this section. 266

       (10) On receipt of a request for a criminal records check 267
from an individual pursuant to section 4749.03 or 4749.06 of the 268
Revised Code, accompanied by a completed copy of the form 269
prescribed in division (C)(1) of this section and a set of 270
fingerprint impressions obtained in a manner described in division 271
(C)(2) of this section, the superintendent of the bureau of 272
criminal identification and investigation shall conduct a criminal 273
records check in the manner described in division (B) of this 274
section to determine whether any information exists indicating 275
that the person who is the subject of the request has been 276
convicted of or pleaded guilty to a felony in this state or in any 277
other state. If the individual indicates that a firearm will be 278
carried in the course of business, the superintendent shall 279
require information from the federal bureau of investigation as 280
described in division (B)(2) of this section. The superintendent 281
shall report the findings of the criminal records check and any 282
information the federal bureau of investigation provides to the 283
director of public safety. 284

       (11) On receipt of a request pursuant to section 1322.03, 285
1322.031, 4763.05, or 4763.06 of the Revised Code, a completed 286
form prescribed pursuant to division (C)(1) of this section, and a 287
set of fingerprint impressions obtained in the manner described in 288
division (C)(2) of this section, the superintendent of the bureau 289
of criminal identification and investigation shall conduct a 290
criminal records check with respect to any person who has applied 291
for a license, permit, or certification from the department of 292
commerce or a division in the department. The superintendent shall 293
conduct the criminal records check in the manner described in 294
division (B) of this section to determine whether any information 295
exists that indicates that the person who is the subject of the 296
request previously has been convicted of or pleaded guilty to any 297
of the following: a violation of section 2913.02, 2913.11, 298
2913.31, 2913.51, or 2925.03 of the Revised Code; any other 299
criminal offense involving theft, receiving stolen property, 300
embezzlement, forgery, fraud, passing bad checks, money 301
laundering, or drug trafficking; or any criminal offense involving 302
money or securities, as set forth in Chapters 2909., 2911., 2913., 303
2915., 2921., 2923., and 2925. of the Revised Code; or any 304
existing or former law of this state, any other state, or the 305
United States that is substantially equivalent to those offenses. 306

       (12) Not later than thirty days after the date the 307
superintendent receives the request, completed form, and 308
fingerprint impressions, the superintendent shall send the person, 309
board, or entity that made the request any information, other than 310
information the dissemination of which is prohibited by federal 311
law, the superintendent determines exists with respect to the 312
person who is the subject of the request that indicates that the 313
person previously has been convicted of or pleaded guilty to any 314
offense listed or described in division (A)(1), (2), (3), (4), 315
(5), (6), (7), (8), (9), or (10), or (11) of this section, as 316
appropriate. The superintendent shall send the person, board, or 317
entity that made the request a copy of the list of offenses 318
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8), 319
(9), or (10), or (11) of this section, as appropriate. If the 320
request was made under section 3701.881 of the Revised Code with 321
regard to an applicant who may be both responsible for the care, 322
custody, or control of a child and involved in providing direct 323
care to an older adult, the superintendent shall provide a list of 324
the offenses specified in divisions (A)(4) and (6) of this 325
section. 326

       (B) The superintendent shall conduct any criminal records 327
check requested under section 121.08, 173.41, 1322.03, 1322.031, 328
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 329
3722.151, 4749.03, 4749.06, 4763.05, 4763.06, 5104.012, 5104.013, 330
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the 331
Revised Code as follows: 332

       (1) The superintendent shall review or cause to be reviewed 333
any relevant information gathered and compiled by the bureau under 334
division (A) of section 109.57 of the Revised Code that relates to 335
the person who is the subject of the request, including any 336
relevant information contained in records that have been sealed 337
under section 2953.32 of the Revised Code; 338

       (2) If the request received by the superintendent asks for 339
information from the federal bureau of investigation, the 340
superintendent shall request from the federal bureau of 341
investigation any information it has with respect to the person 342
who is the subject of the request and shall review or cause to be 343
reviewed any information the superintendent receives from that 344
bureau. 345

        (3) The superintendent or the superintendent's designee may 346
request criminal history records from other states or the federal 347
government pursuant to the national crime prevention and privacy 348
compact set forth in section 109.571 of the Revised Code. 349

       (C)(1) The superintendent shall prescribe a form to obtain 350
the information necessary to conduct a criminal records check from 351
any person for whom a criminal records check is required by 352
section 121.08, 173.41, 1322.03, 1322.031, 2151.86, 3301.32, 353
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 354
4749.06, 4763.05, 4763.06, 5104.012, 5104.013, 5111.95, 5111.96, 355
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The 356
form that the superintendent prescribes pursuant to this division 357
may be in a tangible format, in an electronic format, or in both 358
tangible and electronic formats. 359

       (2) The superintendent shall prescribe standard impression 360
sheets to obtain the fingerprint impressions of any person for 361
whom a criminal records check is required by section 121.08, 362
173.41, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 363
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 364
4763.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 365
5126.281, or 5153.111 of the Revised Code. Any person for whom a 366
records check is required by any of those sections shall obtain 367
the fingerprint impressions at a county sheriff's office, 368
municipal police department, or any other entity with the ability 369
to make fingerprint impressions on the standard impression sheets 370
prescribed by the superintendent. The office, department, or 371
entity may charge the person a reasonable fee for making the 372
impressions. The standard impression sheets the superintendent 373
prescribes pursuant to this division may be in a tangible format, 374
in an electronic format, or in both tangible and electronic 375
formats. 376

       (3) Subject to division (D) of this section, the 377
superintendent shall prescribe and charge a reasonable fee for 378
providing a criminal records check requested under section 121.08, 379
173.41, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 380
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 381
4763.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 382
5126.281, or 5153.111 of the Revised Code. The person making a 383
criminal records request under section 121.08, 173.41, 1322.03, 384
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 385
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 4763.06, 5104.012, 386
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 387
5153.111 of the Revised Code shall pay the fee prescribed pursuant 388
to this division. A person making a request under section 3701.881 389
of the Revised Code for a criminal records check for an applicant 390
who may be both responsible for the care, custody, or control of a 391
child and involved in providing direct care to an older adult 392
shall pay one fee for the request. 393

       (4) The superintendent of the bureau of criminal 394
identification and investigation may prescribe methods of 395
forwarding fingerprint impressions and information necessary to 396
conduct a criminal records check, which methods shall include, but 397
not be limited to, an electronic method. 398

       (D) A determination whether any information exists that 399
indicates that a person previously has been convicted of or 400
pleaded guilty to any offense listed or described in division 401
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 402
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7)~~(a) or (b)~~, 403
(A)(8)(a) or (b), or (A)(9)(a) or (b), or (A)(11) of this section 404
that is made by the superintendent with respect to information 405
considered in a criminal records check in accordance with this 406
section is valid for the person who is the subject of the criminal 407
records check for a period of one year from the date upon which 408
the superintendent makes the determination. During the period in 409
which the determination in regard to a person is valid, if another 410
request under this section is made for a criminal records check 411
for that person, the superintendent shall provide the information 412
that is the basis for the superintendent's initial determination 413
at a lower fee than the fee prescribed for the initial criminal 414
records check. 415

       (E) As used in this section: 416

       (1) "Criminal records check" means any criminal records check 417
conducted by the superintendent of the bureau of criminal 418
identification and investigation in accordance with division (B) 419
of this section. 420

       (2) "Home and community-based waiver services" and "waiver 421
agency" have the same meanings as in section 5111.95 of the 422
Revised Code. 423

       (3) "Independent provider" has the same meaning as in section 424
5111.96 of the Revised Code. 425

       (4) "Minor drug possession offense" has the same meaning as 426
in section 2925.01 of the Revised Code. 427

       (5) "Older adult" means a person age sixty or older. 428

       Sec. 1321.541. (A) The attorney general may directly bring 429
an action to enjoin a violation of sections 1321.51 to 1321.60 of 430
the Revised Code. The prosecuting attorney of the county in which 431
the action may be brought may bring an action to enjoin a 432
violation of sections 1321.51 to 1321.60 of the Revised Code only 433
if the prosecuting attorney first presents any evidence of the 434
violation to the attorney general and the attorney general chooses 435
not to bring the action. 436

       (B)(1) The attorney general may initiate criminal proceedings 437
under sections 1321.51 to 1321.60 of the Revised Code with all the 438
rights, privileges, and powers conferred by law on prosecuting 439
attorneys, including the power to appear before grand juries and 440
to interrogate witnesses before such grand juries. 441

       (2) In order to initiate criminal proceedings under sections 442
1321.51 to 1321.60 of the Revised Code, the prosecuting attorney 443
of the county in which an alleged offense may be prosecuted shall 444
first present any evidence of criminal violations to the attorney 445
general. The attorney general may proceed in the prosecution with 446
all the rights, privileges, and powers described in division 447
(B)(1) of this section, or may defer prosecution of the violations 448
to the prosecuting attorney. 449

       (3) These powers of the attorney general shall be in addition 450
to any other applicable powers of the attorney general. 451

       Sec. 1322.03. (A) An application for a certificate of 452
registration as a mortgage broker shall be in writing, under oath, 453
and in the form prescribed by the superintendent of financial 454
institutions. The application shall be accompanied by a 455
nonrefundable application fee of three hundred fifty dollars for 456
each location of an office to be maintained by the applicant in 457
accordance with division (A) of section 1322.02 of the Revised 458
Code; however, an applicant that is registered under sections 459
1321.51 to 1321.60 of the Revised Code shall not be required to 460
pay an application fee. The application shall provide all of the 461
following: 462

       (1) The location or locations where the business is to be 463
transacted and whether any location is a residence. If any 464
location where the business is to be transacted is a residence, 465
the application shall be accompanied by a certified copy of a 466
zoning permit authorizing the use of the residence for commercial 467
purposes, or shall be accompanied by a written opinion or other 468
document issued by the county or political subdivision where the 469
residence is located certifying that the use of the residence to 470
transact business as a mortgage broker is not prohibited by the 471
county or political subdivision. The application also shall be 472
accompanied by a photograph of each location at which the business 473
will be transacted. 474

       (2)(a) In the case of a sole proprietor, the name and address 475
of the sole proprietor; 476

       (b) In the case of a partnership, the name and address of 477
each partner; 478

       (c) In the case of a corporation, the name and address of 479
each shareholder owning five per cent or more of the corporation; 480

       (d) In the case of any other entity, the name and address of 481
any person that owns five per cent or more of the entity that will 482
transact business as a mortgage broker. 483

       (3) If the applicant is a partnership, corporation, limited 484
liability company, or any other business entity or association, 485
the applicant shall designate an employee or owner of the 486
applicant as the applicant's operations manager. While acting as 487
the operations manager, the employee or owner shall not be 488
employed by any other mortgage broker. 489

       (4) Evidence that the sole proprietor or the person 490
designated on the application pursuant to division (A)(3) of this 491
section, as applicable, possesses at least three years of 492
experience in the mortgage and lending field, which experience may 493
include employment with or as a mortgage broker or with a 494
financial institution, mortgage lending institution, or other 495
lending institution, or possesses at least three years of other 496
experience related specifically to the business of mortgage loans 497
that the superintendent determines meets the requirements of 498
division (A)(4) of this section; 499

       (5) Evidence of compliance with the surety bond requirements 500
of section 1322.05 of the Revised Code and with sections 1322.01 501
to 1322.12 of the Revised Code; 502

       (6) In the case of a foreign business entity, evidence that 503
it maintains a license or registration pursuant to Chapter 1703., 504
1705., 1775., 1777., 1782., or 1783. of the Revised Code to 505
transact business in this state; 506

       (7) A statement as to whether the applicant or, to the best 507
of the applicant's knowledge, any shareholder, member, partner, 508
operations manager, or employee of the applicant has been 509
convicted of or pleaded guilty to any criminal offense involving 510
theft, receiving stolen property, embezzlement, forgery, fraud, 511
passing bad checks, money laundering, or drug trafficking, or any 512
criminal offense involving money or securities; 513

       (8) A statement as to whether the applicant or, to the best 514
of the applicant's knowledge, any shareholder, member, partner, 515
operations manager, or employee of the applicant has been subject 516
to any adverse judgment for conversion, embezzlement, 517
misappropriation of funds, fraud, misfeasance or malfeasance, or 518
breach of fiduciary duty; 519

       (9) Evidence that the applicant's operations manager has 520
successfully completed the examination required under division (A) 521
of section 1322.051 of the Revised Code; 522

       (10) Any further information that the superintendent 523
requires. 524

       (B) Upon the filing of the application and payment of the 525
application fee, the superintendent of financial institutions 526
shall investigate the applicant as set forth in this division. ~~The~~ 527
~~investigation shall include~~ 528

       (1)(a) The superintendent shall request the superintendent of 529
the bureau of criminal identification and investigation to conduct 530
a criminal records check based on the applicant's fingerprints of 531
~~the applicant and~~pursuant to section 109.572 of the Revised Code 532
to determine whether the applicant has been convicted of or 533
pleaded guilty to a violation of an existing or former law of this 534
state, any other state, or the United States that substantially is 535
equivalent to a criminal offense described in division (A)(7) of 536
this section. 537

       (b) The superintendent shall provide an applicant with a copy 538
of the form prescribed pursuant to division (C)(1) of section 539
109.572 of the Revised Code and a standard impression sheet to 540
obtain fingerprint impressions as prescribed pursuant to division 541
(C)(2) of section 109.572 of the Revised Code. Any person who is 542
given a form and impression sheet shall provide the completed form 543
and the fingerprint impressions, as requested, prior to the 544
granting of a certificate of registration. 545

       (c) The superintendent shall forward any completed form and 546
impression sheet to the superintendent of the bureau of criminal 547
identification and investigation at the time that the criminal 548
records check is requested, along with any fees required pursuant 549
to division (C)(3) of section 109.572 of the Revised Code. 550

       (2) Notwithstanding division (J) of section 121.08 of the 551
Revised Code, the superintendent shall request the superintendent 552
of the bureau of criminal identification and investigation to 553
obtain criminal record information from the federal bureau of 554
investigation, as part of any criminal records check. 555

       (3) The superintendent shall conduct a civil records check. 556
~~If,~~ 557

       (4) If, in order to issue a certificate of registration to an 558
applicant, additional investigation by the superintendent outside 559
this state is necessary, the superintendent may require the 560
applicant to advance sufficient funds to pay the actual expenses 561
of the investigation, if it appears that these expenses will 562
exceed three hundred fifty dollars. The superintendent shall 563
provide the applicant with an itemized statement of the actual 564
expenses that the applicant is required to pay. 565

       (C) ~~All~~The superintendent shall pay all funds advanced and 566
application and renewal fees and penalties ~~paid to~~ the 567
superintendent ~~under~~receives pursuant to this section and section 568
1322.04 of the Revised Code ~~shall be paid by the superintendent~~ to 569
the treasurer of state to the credit of the consumer finance fund 570
created in section 1321.21 of the Revised Code. 571

       (D) If an application for a certificate of registration does 572
not contain all of the information required under division (A) of 573
this section, and if that information is not submitted to the 574
superintendent within ninety days after the superintendent 575
requests the information in writing, the superintendent may 576
consider the application withdrawn. 577

       (E) A certificate of registration~~, or~~and the authority 578
granted under ~~such a~~that certificate, is not transferable or 579
assignable and cannot be franchised by contract or any other 580
means. 581

       Sec. 1322.031. (A) An application for a license as a loan 582
officer shall be in writing, under oath, and in the form 583
prescribed by the superintendent of financial institutions. The 584
application shall be accompanied by a nonrefundable application 585
fee of one hundred dollars and shall provide all of the following: 586

       (1) The name and address of the applicant; 587

       (2) A statement as to whether the applicant has been 588
convicted of or pleaded guilty to any criminal offense involving 589
theft, receiving stolen property, embezzlement, forgery, fraud, 590
passing bad checks, money laundering, or drug trafficking, or any 591
criminal offense involving money or securities; 592

       (3) A statement as to whether the applicant has been subject 593
to an adverse judgment for conversion, embezzlement, 594
misappropriation of funds, fraud, misfeasance or malfeasance, or 595
breach of fiduciary duty; 596

       (4) Any further information that the superintendent requires. 597

       (B) Upon the filing of the application and payment of the 598
application fee, the superintendent of financial institutions 599
shall investigate the applicant as set forth in this division. ~~The~~ 600
~~investigation shall include~~ 601

       (1)(a) The superintendent shall request the superintendent of 602
the bureau of criminal identification and investigation to conduct 603
a criminal records check based on the applicant's fingerprints of 604
~~the applicant and~~pursuant to section 109.572 of the Revised Code 605
to determine whether the applicant has been convicted of or 606
pleaded guilty to a violation of an existing or former law of this 607
state, any other state, or the United States that substantially is 608
equivalent to a criminal offense described in division (A)(2) of 609
this section. 610

       (b) The superintendent shall provide an applicant with a copy 611
of the form prescribed pursuant to division (C)(1) of section 612
109.572 of the Revised Code and a standard impression sheet to 613
obtain fingerprint impressions as prescribed pursuant to division 614
(C)(2) of section 109.572 of the Revised Code. Any person who is 615
given a form and impression sheet shall provide the completed form 616
and the fingerprint impressions, as requested, prior to the 617
granting of a license. 618

       (c) The superintendent shall forward any completed form and 619
impression sheet to the superintendent of the bureau of criminal 620
identification and investigation at the time that the criminal 621
records check is requested, along with any fees required pursuant 622
to division (C)(3) of section 109.572 of the Revised Code. 623

        (2) Notwithstanding division (J) of section 121.08 of the 624
Revised Code, the superintendent shall request the superintendent 625
of the bureau of criminal identification and investigation to 626
obtain criminal record information from the federal bureau of 627
investigation, as part of any criminal records check. 628

       (3) The superintendent shall conduct a civil records check. 629
~~If,~~ 630

       (4) If, in order to issue a license to an applicant, 631
additional investigation by the superintendent outside this state 632
is necessary, the superintendent may require the applicant to 633
advance sufficient funds to pay the actual expenses of the 634
investigation, if it appears that these expenses will exceed one 635
hundred dollars. The superintendent shall provide the applicant 636
with an itemized statement of the actual expenses that the 637
applicant is required to pay. 638

       (C) ~~All~~The superintendent shall pay all funds advanced and 639
application and renewal fees and penalties ~~paid to~~ the 640
superintendent ~~under~~receives pursuant to this section and section 641
1322.041 of the Revised Code ~~shall be paid by the superintendent~~ 642
to the treasurer of state to the credit of the consumer finance 643
fund created in section 1321.21 of the Revised Code. 644

       (D) If an application for a license does not contain all of 645
the information required under division (A) of this section, and 646
if that information is not submitted to the superintendent within 647
ninety days after the superintendent requests the information in 648
writing, the superintendent may consider the application 649
withdrawn. 650

       (E)(1) The business of a loan officer shall principally be 651
transacted at an office of the employing mortgage broker, which 652
office is registered in accordance with division (A) of section 653
1322.02 of the Revised Code. Each original license shall be 654
deposited with and maintained by the employing mortgage broker at 655
the mortgage broker's main office. A copy of the license shall be 656
maintained and displayed at the office where the loan officer 657
principally transacts business. 658

       (2) If a loan officer's employment is terminated, the 659
mortgage broker shall return the original license to the 660
superintendent within five business days after the termination. 661
The licensee may request the transfer of the license to another 662
mortgage broker by submitting a relocation application, along with 663
a fifteen dollar fee, to the superintendent or may request the 664
superintendent in writing to hold the license in escrow for a 665
period not to exceed one year. Any licensee whose license is held 666
in escrow shall cease activity as a loan officer. 667

       A mortgage broker may employ a loan officer on a temporary 668
basis pending the transfer of the loan officer's license to the 669
mortgage broker, if the mortgage broker receives written 670
confirmation from the superintendent that the loan officer is 671
licensed under sections 1322.01 to 1322.12 of the Revised Code. 672

       (F) A license, or the authority granted under ~~such a~~that 673
license, is not assignable and cannot be franchised by contract or 674
any other means. 675

       Sec. 1322.04. (A) Upon the conclusion of the investigation 676
required under division (B) of section 1322.03 of the Revised 677
Code, the superintendent of financial institutions shall issue a 678
certificate of registration to the applicant if the superintendent 679
finds that the following conditions are met: 680

       (1) Except as otherwise provided in division (A) of section 681
1322.03 of the ~~Revise~~Revised Code, the application is accompanied 682
by the application fee. If a check or other draft instrument is 683
returned to the superintendent for insufficient funds, the 684
superintendent shall notify the registrant by certified mail, 685
return receipt requested, that the certificate of registration 686
issued in reliance on the check or other draft instrument will be 687
canceled unless the registrant, within thirty days after receipt 688
of the notice, submits the application fee and a 689
one-hundred-dollar penalty to the superintendent. If the 690
registrant does not submit the application fee and penalty within 691
that time period, or if any check or other draft instrument used 692
to pay the fee or penalty is returned to the superintendent for 693
insufficient funds, the certificate of registration shall be 694
canceled immediately without a hearing, and the registrant shall 695
cease activity as a mortgage broker. 696

       (2) If the application is for a location that is a residence, 697
that the applicant has obtained a valid zoning permit authorizing 698
the use of the residence for commercial purposes, or has obtained 699
a valid written opinion or other document issued by the county or 700
political subdivision where the residence is located certifying 701
that the use of the residence to transact business as a mortgage 702
broker is not prohibited by the county or political subdivision. 703
The application also is accompanied by a photograph of each 704
location at which the mortgage broker's business will be 705
transacted. 706

       (3) The sole proprietor or the person designated on the 707
application pursuant to division (A)(3) of section 1322.03 of the 708
Revised Code, as applicable, meets the experience requirements 709
provided in division (A)(4) of section 1322.03 of the Revised 710
Code. 711

       (4) The applicant maintains all licenses and registrations 712
required by the secretary of state. 713

       (5) The applicant complies with the surety bond requirements 714
of section 1322.05 of the Revised Code. 715

       (6) The applicant complies with sections 1322.01 to 1322.12 716
of the Revised Code. 717

       (7) Neither the applicant nor any shareholder, member, 718
partner, operations manager, or employee of the applicant has 719
pleaded guilty to or been convicted of any criminal offense 720
described in division (A)(7) of section 1322.03 of the Revised 721
Code, orand the applicant has not pleaded guilty to or been 722
convicted of a violation of an existing or former law of this 723
state, any other state, or the United States that substantially is 724
equivalent to a criminal offense described in that division. 725
However, if the applicant or any of those other persons has 726
pleaded guilty to or been convicted of such an offense, the 727
superintendent shall not consider the offense if the applicant has 728
proven to the superintendent, by a preponderance of the evidence, 729
that the applicant's or other person's activities and employment 730
record since the conviction show that the applicant or other 731
person is honest, truthful, and of good reputation, and there is 732
no basis in fact for believing that the applicant or other person 733
will commit such an offense again. 734

       (8) Neither the applicant nor any shareholder, member, 735
partner, operations manager, or employee of the applicant has been 736
subject to any adverse judgment for conversion, embezzlement, 737
misappropriation of funds, fraud, misfeasance or malfeasance, or 738
breach of fiduciary duty, or, if the applicant or any of those 739
other persons has been subject to such a judgment, the applicant 740
has proven to the superintendent, by a preponderance of the 741
evidence, that the applicant's or other person's activities and 742
employment record since the judgment show that the applicant or 743
other person is honest, truthful, and of good reputation, and 744
there is no basis in fact for believing that the applicant or 745
other person will be subject to such a judgment again. 746

       (9) The applicant's operations manager successfully completed 747
the examination required under division (A) of section 1322.051 of 748
the Revised Code. 749

       (10) The applicant's financial responsibility, experience, 750
character, and general fitness command the confidence of the 751
public and warrant the belief that the business will be operated 752
honestly and fairly in compliance with the purposes of sections 753
1322.01 to 1322.12 of the Revised Code. 754

       For purposes of determining whether an applicant that is a 755
partnership, corporation, or other business entity or association 756
has met the conditions set forth in divisions (A)(7), (A)(8), and 757
(A)(10) of this section, the superintendent shall determine which 758
partners, shareholders, or persons named in the application 759
pursuant to division (A)(2) of section 1322.03 of the Revised Code 760
must meet the conditions set forth in divisions (A)(7), (A)(8), 761
and (A)(10) of this section. This determination shall be based on 762
the extent and nature of the partner's, shareholder's, or person's 763
ownership interest in the partnership, corporation, or other 764
business entity or association that is the applicant. 765

       (B) The certificate of registration issued pursuant to 766
division (A) of this section may be renewed annually on or before 767
the thirtieth day of April if the superintendent finds that all of 768
the following conditions are met: 769

       (1) The renewal application is accompanied by a nonrefundable 770
renewal fee of three hundred fifty dollars for each location of an 771
office to be maintained by the applicant in accordance with 772
division (A) of section 1322.02 of the Revised Code; however, an 773
applicant that is registered under sections 1321.51 to 1321.60 of 774
the Revised Code shall not be required to pay a renewal fee. If a 775
check or other draft instrument is returned to the superintendent 776
for insufficient funds, the superintendent shall notify the 777
registrant by certified mail, return receipt requested, that the 778
certificate of registration renewed in reliance on the check or 779
other draft instrument will be canceled unless the registrant, 780
within thirty days after receipt of the notice, submits the 781
renewal fee and a one-hundred-dollar penalty to the 782
superintendent. If the registrant does not submit the renewal fee 783
and penalty within that time period, or if any check or other 784
draft instrument used to pay the fee or penalty is returned to the 785
superintendent for insufficient funds, the certificate of 786
registration shall be canceled immediately without a hearing and 787
the registrant shall cease activity as a mortgage broker. 788

       (2) On and after January 1, 2003, the operations manager 789
designated under division (A)(3) of section 1322.03 of the Revised 790
Code has completed, during the immediately preceding calendar 791
year, at least six hours of continuing education as required under 792
section 1322.052 of the Revised Code. 793

       (3) The applicant meets the conditions set forth in divisions 794
(A)(2) to (10) of this section. 795

       (4) The applicant's certificate of registration is not 796
subject to an order of suspension or revocation by the 797
superintendent. 798

       (C)(1) Subject to division (C)(2) of this section, if a 799
renewal fee is received by the superintendent after the thirtieth 800
day of April, the certificate of registration shall not be 801
considered renewed, and the applicant shall cease activity as a 802
mortgage broker and apply for a certificate of registration as a 803
mortgage broker. 804

       (2) Division (C)(1) of this section shall not apply if the 805
applicant, no later than the thirty-first day of May, submits the 806
renewal fee and a one-hundred-dollar penalty to the 807
superintendent. 808

       (D) If the person designated as the operations manager 809
pursuant to division (A)(3) of section 1322.03 of the Revised Code 810
is no longer the operations manager, the registrant shall do all 811
of the following: 812

       (1) Designate another person as the operations manager; 813

       (2) Within ten days after the designation described in 814
division (D)(1) of this section, notify the superintendent in 815
writing of the designation; 816

       (3) Submit any additional information that the superintendent 817
requires to establish that the newly designated operations manager 818
complies with the experience requirements set forth in division 819
(A)(4) of section 1322.03 of the Revised Code. 820

       Sec. 1322.041. (A) Upon the conclusion of the investigation 821
required under division (B) of section 1322.031 of the Revised 822
Code, the superintendent of financial institutions shall issue a 823
loan officer license to the applicant if the superintendent finds 824
that the following conditions are met: 825

       (1) The application is accompanied by the application fee. If 826
a check or other draft instrument is returned to the 827
superintendent for insufficient funds, the superintendent shall 828
notify the licensee by certified mail, return receipt requested, 829
that the license issued in reliance on the check or other draft 830
instrument will be canceled unless the licensee, within thirty 831
days after receipt of the notice, submits the application fee and 832
a one-hundred-dollar penalty to the superintendent. If the 833
licensee does not submit the application fee and penalty within 834
that time period, or if any check or other draft instrument used 835
to pay the fee or penalty is returned to the superintendent for 836
insufficient funds, the license shall be canceled immediately 837
without a hearing, and the licensee shall cease activity as a loan 838
officer. 839

       (2) The applicant complies with sections 1322.01 to 1322.12 840
of the Revised Code. 841

       (3) The applicant has not been convicted of or pleaded guilty 842
to any criminal offense described in division (A)(2) of section 843
1322.031 of the Revised Code~~, or~~and the applicant has not pleaded 844
guilty to or been convicted of a violation of an existing or 845
former law of this state, any other state, or the United States 846
that substantially is equivalent to a criminal offense described 847
in that division. However, if the applicant has been convicted of 848
or pleaded guilty to such an offense, the superintendent shall not 849
consider the offense if the applicant has proven to the 850
superintendent, by a preponderance of the evidence, that the 851
applicant's activities and employment record since the conviction 852
show that the applicant is honest, truthful, and of good 853
reputation, and there is no basis in fact for believing that the 854
applicant will commit such an offense again. 855

       (4) The applicant has not been subject to an adverse judgment 856
for conversion, embezzlement, misappropriation of funds, fraud, 857
misfeasance or malfeasance, or breach of fiduciary duty, or, if 858
the applicant has been subject to such a judgment, the applicant 859
has proven to the superintendent, by a preponderance of the 860
evidence, that the applicant's activities and employment record 861
since the judgment show that the applicant is honest, truthful, 862
and of good reputation, and there is no basis in fact for 863
believing that the applicant will be subject to such a judgment 864
again. 865

       (5) The applicant successfully completed the examination 866
required under division (B) of section 1322.051 of the Revised 867
Code. 868

       (6) The applicant's character and general fitness command the 869
confidence of the public and warrant the belief that the business 870
will be operated honestly and fairly in compliance with the 871
purposes of sections 1322.01 to 1322.12 of the Revised Code. 872

       (B) The license issued under division (A) of this section may 873
be renewed annually on or before the thirtieth day of April if the 874
superintendent finds that all of the following conditions are met: 875

       (1) The renewal application is accompanied by a nonrefundable 876
renewal fee of one hundred dollars. If a check or other draft 877
instrument is returned to the superintendent for insufficient 878
funds, the superintendent shall notify the licensee by certified 879
mail, return receipt requested, that the license renewed in 880
reliance on the check or other draft instrument will be canceled 881
unless the licensee, within thirty days after receipt of the 882
notice, submits the renewal fee and a one-hundred-dollar penalty 883
to the superintendent. If the licensee does not submit the renewal 884
fee and penalty within that time period, or if any check or other 885
draft instrument used to pay the fee or penalty is returned to the 886
superintendent for insufficient funds, the license shall be 887
canceled immediately without a hearing, and the licensee shall 888
cease activity as a loan officer. 889

       (2) On and after January 1, 2003, the loan officer has 890
completed, during the immediately preceding calendar year, at 891
least six hours of continuing education as required under section 892
1322.052 of the Revised Code. 893

       (3) The applicant meets the conditions set forth in divisions 894
(A)(2) to ~~(5)~~(6) of this section. 895

       (4) The applicant's license is not subject to an order of 896
suspension or revocation by the superintendent. 897

       (C)(1) Subject to division (C)(2) of this section, if a 898
license renewal application or renewal fee is received by the 899
superintendent after the thirtieth day of April, the license shall 900
not be considered renewed, and the applicant shall cease activity 901
as a loan officer. 902

       (2) Division (C)(1) of this section shall not apply if the 903
applicant, no later than the thirty-first day of May, submits the 904
renewal application and fee and a one-hundred-dollar penalty to 905
the superintendent. 906

       Sec. 1322.051. (A) Each person designated under division 907
(A)(3) of section 1322.03 of the Revised Code to act as operations 908
manager for a mortgage broker business shall submit to an 909
examination approved by the superintendent of financial 910
institutions. 911

       (B) Each ~~licensee, within ninety days after the original~~ 912
~~issuance of the~~applicant for a loan officer license, shall 913
~~successfully complete~~submit to an examination approved by the 914
superintendent. ~~Failure to comply with this division results in~~ 915
~~the termination of the license by operation of law.~~ 916

       Sec. 1322.06. (A) As often as the superintendent of 917
financial institutions considers it necessary, the superintendent 918
may examine the registrant's records pertaining to business 919
transacted pursuant to sections 1322.01 to 1322.12 of the Revised 920
Code. 921

       (B) A registrant shall maintain records pertaining to 922
business transacted pursuant to sections 1322.01 to 1322.12 of the 923
Revised Code, including copies of all mortgage loan origination 924
disclosure statements prepared in accordance with section 1322.062 925
of the Revised Code, for four years. No registrant shall fail to 926
comply with this division. 927

       Sec. 1322.061. (A)(1) The following information is privileged 928
and confidential: 929

       (a) Examination information, and any information leading to 930
or arising from an examination; 931

       (b) Investigation information, and any information arising 932
from or leading to an investigation. 933

       (2) The information described in division (A)(1) of this 934
section shall remain privileged and confidential for all purposes 935
except when it is necessary for the superintendent of financial 936
institutions to take official action regarding the affairs of a 937
registrant or licensee, or in connection with criminal 938
proceedings. This information may also be introduced into evidence 939
or disclosed when and in the manner authorized by section 1181.25 940
of the Revised Code. 941

       (B) All application information, except social security 942
numbers, employer identification numbers, financial account 943
numbers, the identity of the institution where financial accounts 944
are maintained, personal financial information, fingerprint cards 945
and the information contained on such cards, and criminal 946
background information, is a public record as defined in section 947
149.43 of the Revised Code. 948

       (C) This section does not prevent the division of financial 949
institutions from releasing to or exchanging with other financial 950
institution regulatory authorities information relating to 951
registrants and licensees. For this purpose, a "financial 952
institution regulatory authority" includes a regulator of a 953
business activity in which a registrant or licensee is engaged, or 954
has applied to engage in, to the extent that the regulator has 955
jurisdiction over a registrant or licensee engaged in that 956
business activity. A registrant or licensee is engaged in a 957
business activity, and a regulator of that business activity has 958
jurisdiction over the registrant or licensee, whether the 959
registrant or licensee conducts the activity directly or a 960
subsidiary or affiliate of the registrant or licensee conducts the 961
activity. 962

       (D) This section does not prevent the division from releasing 963
information relating to registrants and licensees to the attorney 964
general for purposes relating to the attorney general's 965
administration of Chapter 1345. of the Revised Code, to the 966
superintendent of real estate and professional licensing for 967
purposes relating to the administration of Chapters 4735. and 968
4763. of the Revised Code, or to the superintendent of insurance 969
for purposes relating to the administration of Chapter 3953. of 970
the Revised Code. Information the division releases ~~to the~~ 971
~~attorney general~~ pursuant to this section remains privileged and 972
confidential, and ~~the attorney general~~ may not ~~disclose the~~ 973
~~information~~be disclosed or ~~introduce the information~~introduced 974
into evidence unless the superintendent of financial institutions 975
authorizes the disclosure or introduction into evidence in 976
~~connection with the attorney general's administration of Chapter~~ 977
~~1345. of the Revised Code~~. 978

       Sec. 1322.062. (A)(1) Within three business days after taking 979
an application for a loan from a buyer, a registrant shall deliver 980
to the buyer a mortgage loan origination disclosure statement that 981
contains all of the following: 982

       (a) The name, address, and telephone number of the buyer; 983

       (b)The typewritten name of the loan officer and the number 984
designated on the loan officer's license; 985

       (c) The street address, telephone number, and facsimile 986
number of the registrant and the number designated on the 987
registrant's certificate of registration; 988

       (d) The signature of the loan officer or registrant; 989

       (e) A statement indicating whether the buyer is to pay for 990
the services of a bona fide third party if the registrant is 991
unable to assist the buyer in obtaining a mortgage; 992

       (f) A statement that describes the method by which the fee to 993
be paid by the buyer to the registrant will be calculated and a 994
good faith estimate of the total amount of that fee; 995

       (g) A statement that the lender may pay compensation to the 996
registrant; 997

       (h) A description of all the services the registrant has 998
agreed to perform for the buyer; 999

       (i) A statement that the buyer has not entered into an 1000
exclusive agreement for brokerage services; 1001

       (j) If the loan applied for will exceed ninety per cent of 1002
the value of the real property, a statement, printed in boldface 1003
type of the minimum size of twelve points, as follows: "BE ADVISED 1004
THAT BORROWING MORE THAN NINETY PER CENT OF YOUR HOME'S VALUE MAY 1005
MAKE IT DIFFICULT TO REFINANCE THE LOAN AT A LOWER INTEREST RATE: 1006
LENDERS GENERALLY PROVIDE BETTER RATES TO THOSE WHO HAVE EQUITY IN 1007
THEIR HOMES. IN ADDITION, IF YOU SELL YOUR HOME, YOU MAY BE UNABLE 1008
TO RECOUP THE FULL AMOUNT OWED." 1009

       (k) To acknowledge receipt, the signature of the buyer. 1010

       (2) If the loan is a covered loan as defined in section 1011
1349.25 of the Revised Code, the registrant shall also deliver a 1012
copy of the mortgage loan origination disclosure statement to the 1013
lender. 1014

       (B)(1) If there is any change in the information provided 1015
under division (A)(1)~~(f) or (h)~~ of this section, the registrant 1016
shall provide the buyer with the revised mortgage loan origination 1017
disclosure statement and a written explanation of why the change 1018
occurred no later than ~~three days~~twenty-four hours after the 1019
change occurs, or ~~the date~~twenty-four hours before the loan is 1020
closed, whichever is earlier. 1021

       (2) If an increase in the total amount of the fee to be paid 1022
by the buyer to the registrant is not disclosed in accordance with 1023
division (B)(1) of this section, the registrant shall refund to 1024
the buyer the amount by which the fee exceeds the amount 1025
previously estimated under division (A)(1)(f) of this section. 1026

       (C) No registrant shall fail to comply with this section. 1027

       Sec. 1322.063. (A) In addition to the disclosures required 1028
under section 1322.062 of the Revised Code, a registrant shall, 1029
not later than twenty-four hours before a loan is closed, deliver 1030
to the buyer a written disclosure that includes the following: 1031

       (1) A statement indicating whether property taxes will be 1032
escrowed; 1033

       (2) A description of what is covered by the regular monthly 1034
payment, including principal, interest, taxes, and insurance, as 1035
applicable. 1036

       (B) No registrant shall fail to comply with this section. 1037

       Sec. 1322.064. (A) No registrant or licensee shall fail to do 1038
either of the following: 1039

       (1) Timely inform the buyer of any material change in the 1040
terms of the loan. For purposes of division (A)(1) of this 1041
section, "material change" means the following: 1042

       (a) A change in the type of loan being offered, such as a 1043
fixed or variable rate loan or a loan with a balloon payment; 1044

       (b) A change in the term of the loan, as reflected in the 1045
number of monthly payments due before a final payment is scheduled 1046
to be made; 1047

       (c) A change in the interest rate of more than one fifteenth 1048
of one per cent; 1049

       (d) A change in the regular monthly payment of principal and 1050
interest of more than five per cent; 1051

       (e) A change regarding the escrow of taxes or insurance; 1052

       (f) A change regarding the payment of private mortgage 1053
insurance. 1054

       (2) Timely inform the buyer if the estimated cash out 1055
available to the buyer changes by more than ten per cent. 1056

       (B) The disclosures required by this section shall be deemed 1057
timely if the registrant provides the buyer with the revised 1058
information not later than twenty-four hours after the change 1059
occurs, or twenty-four hours before the loan is closed, whichever 1060
is earlier. 1061

       Sec. 1322.07. No mortgage broker, registrant, licensee, or 1062
applicant for a certificate of registration or license under 1063
sections 1322.01 to 1322.12 of the Revised Code shall do any of 1064
the following: 1065

       (A) Obtain a certificate of registration or license through 1066
any false or fraudulent representation of a material fact or any 1067
omission of a material fact required by state law, or make any 1068
substantial misrepresentation in any registration or license 1069
application; 1070

       (B) Make false or misleading statements of a material fact, 1071
omissions of statements required by state law, or false promises 1072
regarding a material fact, through advertising or other means, or 1073
engage in a continued course of misrepresentations; 1074

       (C) Engage in conduct that constitutes improper, fraudulent, 1075
or dishonest dealings; 1076

       (D) Fail to notify the division of financial institutions 1077
within thirty days after the registrant, licensee, or applicant, 1078
in a court of competent jurisdiction of this state or any other 1079
state, is convicted of or pleads guilty to any criminal offense 1080
involving theft, receiving stolen property, embezzlement, forgery, 1081
fraud, passing bad checks, money laundering, or drug trafficking, 1082
or any criminal offense involving money or securities; 1083

       (E) Knowingly make, propose, or solicit fraudulent, false, or 1084
misleading statements on any mortgage document or on any document 1085
related to a mortgage, including a mortgage application, real 1086
estate appraisal, or real estate settlement or closing document. 1087
For purposes of this division, "fraudulent, false, or misleading 1088
statements" does not include mathematical errors, inadvertent 1089
transposition of numbers, typographical errors, or any other bona 1090
fide error. 1091

       (F) Knowingly instruct, solicit, propose, or otherwise cause 1092
a buyer to sign in blank a mortgage related document; 1093

       (G) Promise to refinance a loan in the future at a lower 1094
interest rate or with more favorable terms, unless the promise is 1095
set forth in writing and is initialed by the buyer. 1096

       Sec. 1322.074. (A) As used in this section and section 1097
1322.075 of the Revised Code: 1098

       (1) "Immediate family" means a spouse residing in the 1099
person's household and any dependent child. 1100

       (2) "Title insurance," "the business of title insurance," 1101
"title insurance company," and "title insurance agent" have the 1102
same meanings as in section 3953.01 of the Revised Code. 1103

       (B) Except as otherwise provided in division (C) of this 1104
section, no registrant, or any member of the registrant's 1105
immediate family, shall own or control a majority interest in a 1106
title insurance company. 1107

       (C) Division (B) of this section shall not apply to any 1108
registrant, or any member of the registrant's immediate family, 1109
who, on the effective date of this section, owns or controls a 1110
majority interest in a title insurance company. However, such 1111
ownership or control is subject to the following conditions: 1112

       (1) The registrant and members of the registrant's immediate 1113
family shall not increase their interest in the company. 1114

       (2) The interest is not transferable to a member of the 1115
registrant's immediate family. 1116

       (3) If the registrant is convicted of or pleads guilty to a 1117
criminal violation of sections 1322.01 to 1322.12 of the Revised 1118
Code or any criminal offense described in division (A)(1)(b) of 1119
section 1322.10 of the Revised Code, the superintendent of 1120
financial institutions may, as an alternative to any of the 1121
actions authorized under section 1322.10 of the Revised Code, 1122
order the registrant or members of the registrant's immediate 1123
family to divest their interest in the company. 1124

       Sec. 1322.075. (A) No registrant or licensee shall refer a 1125
buyer to a title insurance company or a title insurance agent for 1126
title insurance, the business of title insurance, or other title 1127
insurance services or products, if the registrant or licensee, or 1128
a member of the registrant's or licensee's immediate family, has 1129
either of the following financial relationships with the title 1130
insurance company or the title insurance agent: 1131

       (1) An ownership or investment interest in the company or 1132
agent, whether through debt, equity, or other means; 1133

       (2) Any compensation arrangement involving any remuneration, 1134
directly or indirectly, overtly or covertly, in cash or in kind. 1135

       (B) No registrant or licensee shall knowingly enter into an 1136
arrangement or scheme, including a cross-referral arrangement, 1137
that has a principal purpose of assuring referrals by a registrant 1138
or licensee to a particular title insurance company or title 1139
insurance agent that, if the registrant or licensee directly made 1140
such referrals, would violate division (A) of this section. 1141

       Sec. 1322.081. With respect to a mortgage loan transaction, 1142
both the registrant and the licensee shall be a fiduciary of the 1143
buyer and shall use their best efforts to further the interest of 1144
the buyer, including complying with the reasonable and lawful 1145
instructions of the buyer and acting with reasonable care, skill, 1146
and diligence on behalf of the buyer. 1147

       Sec. 1322.11. (A)(1) A buyer injured by a violation of 1148
section 1322.02, 1322.062, 1322.063, 1322.064, 1322.07, 1322.071, 1149
1322.08, or 1322.09 of the Revised Code may bring an action for 1150
recovery of damages. 1151

       (2) Damages awarded under division (A)(1) of this section 1152
shall not be less than the amount paid by the buyer to the 1153
mortgage broker, plus reasonable attorney's fees and court costs. 1154

       (3) The buyer may be awarded punitive damages. 1155

       (B)(1) The superintendent of financial institutions, the 1156
attorney general, or a buyer may directly bring an action to 1157
enjoin a violation of sections 1322.01 to 1322.12 of the Revised 1158
Code. The prosecuting attorney of the county in which the action 1159
may be brought may bring an action to enjoin a violation of 1160
sections 1322.01 to 1322.12 of the Revised Code only if the 1161
prosecuting attorney first presents any evidence of the violation 1162
to the attorney general and the attorney general chooses not to 1163
bring the action. 1164

       (2) The superintendent may initiate criminal proceedings 1165
under sections 1322.01 to 1322.12 of the Revised Code by 1166
presenting any evidence of criminal violation to the prosecuting 1167
attorney of the county in which the offense may be prosecuted. If 1168
the prosecuting attorney does not prosecute the violations, or at 1169
the request of the prosecuting attorney, the superintendent shall 1170
present any evidence of criminal violations to the attorney 1171
general, who may proceed in the prosecution with all the rights, 1172
privileges, and powers conferred by law on prosecuting attorneys, 1173
including the power to appear before grand juries and to 1174
interrogate witnesses before such grand juries. These powers of 1175
the attorney general shall be in addition to any other applicable 1176
powers of the attorney general. 1177

       (3) The attorney general may initiate criminal proceedings 1178
under sections 1322.01 to 1322.12 of the Revised Code with all the 1179
rights, privileges, and powers described in division (B)(2) of 1180
this section. 1181

       (4) In order to initiate criminal proceedings under sections 1182
1322.01 to 1322.12 of the Revised Code, the prosecuting attorney 1183
of the county in which an alleged offense may be prosecuted shall 1184
first present any evidence of criminal violations to the attorney 1185
general. The attorney general may proceed in the prosecution with 1186
all the rights, privileges, and powers described in division 1187
(B)(2) of this section, or may defer prosecution of the violations 1188
to the prosecuting attorney. 1189

       (C) The remedies provided by this section are in addition to 1190
any other remedy provided by law. 1191

       (D) In any proceeding or action brought under sections 1192
1322.01 to 1322.12 of the Revised Code, the burden of proving an 1193
exemption under those sections is on the person claiming the 1194
benefit of the exemption. 1195

       (E) No person shall be deemed to violate sections 1322.01 to 1196
1322.12 of the Revised Code with respect to any act taken or 1197
omission made in reliance on a written notice, written 1198
interpretation, or written report from the superintendent, unless 1199
there is a subsequent amendment to those sections, or rules 1200
promulgated thereunder, that affects the superintendent's notice, 1201
interpretation, or report. 1202

       (F) Upon disbursement of mortgage loan proceeds to or on 1203
behalf of the buyer, the registrant that assisted the buyer to 1204
obtain the mortgage loan is deemed to have completed the 1205
performance of the registrant's services for the buyer and owes no 1206
additional duties or obligations to the buyer with respect to the 1207
mortgage loan. However, nothing in this division shall be 1208
construed to limit or preclude the civil or criminal liability of 1209
a registrant for failing to comply with sections 1322.01 to 1210
1322.12 of the Revised Code or any rule adopted under those 1211
sections, for failing to comply with any provision of or duty 1212
arising under an agreement with a buyer or lender under sections 1213
1322.01 to 1322.12 of the Revised Code, or for violating any other 1214
provision of state or federal law. 1215

       Sec. 1345.01. As used in sections 1345.01 to 1345.13 of the 1216
Revised Code: 1217

       (A) "Consumer transaction" means a sale, lease, assignment, 1218
award by chance, or other transfer of an item of goods, a service, 1219
a franchise, or an intangible, to an individual for purposes that 1220
are primarily personal, family, or household, or solicitation to 1221
supply any of these things. "Consumer transaction" does not 1222
include transactions between persons, defined in sections 4905.03 1223
and 5725.01 of the Revised Code, and their customers, other than 1224
transactions between loan officers, mortgage brokers, or non-bank 1225
mortgage lenders and their customers; transactions between 1226
certified public accountants or public accountants and their 1227
clients; transactions between attorneys, physicians, or dentists 1228
and their clients or patients; and transactions between 1229
veterinarians and their patients that pertain to medical treatment 1230
but not ancillary services. 1231

       (B) "Person" includes an individual, corporation, government, 1232
governmental subdivision or agency, business trust, estate, trust, 1233
partnership, association, cooperative, or other legal entity. 1234

       (C)(1) "Supplier" means a seller, lessor, assignor, 1235
franchisor, or other person engaged in the business of effecting 1236
or soliciting consumer transactions, whether or not the person 1237
deals directly with the consumer. 1238

       (2) In connection with a consumer transaction between a 1239
non-bank mortgage lender and its customer, "supplier" means the 1240
person to whom the debt arising from the loan transaction is 1241
initially payable. "Supplier" does not include a person that 1242
purchases or is assigned a loan or that functions solely as the 1243
servicer of a loan. 1244

       (D) "Consumer" means a person who engages in a consumer 1245
transaction with a supplier. 1246

       (E) "Knowledge" means actual awareness, but such actual 1247
awareness may be inferred where objective manifestations indicate 1248
that the individual involved acted with such awareness. 1249

       (F) "Natural gas service" means the sale of natural gas, 1250
exclusive of any distribution or ancillary service. 1251

       (G) "Public telecommunications service" means the 1252
transmission by electromagnetic or other means, other than by a 1253
telephone company as defined in section 4927.01 of the Revised 1254
Code, of signs, signals, writings, images, sounds, messages, or 1255
data originating in this state regardless of actual call routing. 1256
"Public telecommunications service" excludes a system, including 1257
its construction, maintenance, or operation, for the provision of 1258
telecommunications service, or any portion of such service, by any 1259
entity for the sole and exclusive use of that entity, its parent, 1260
a subsidiary, or an affiliated entity, and not for resale, 1261
directly or indirectly; the provision of terminal equipment used 1262
to originate telecommunications service; broadcast transmission by 1263
radio, television, or satellite broadcast stations regulated by 1264
the federal government; or cable television service. 1265

       (H) "Loan officer" has the same meaning as in section 1322.01 1266
of the Revised Code, except that it does not include an employee 1267
of a bank, savings bank, savings and loan association, or credit 1268
union organized under the laws of this state, another state, or 1269
the United States; an employee of a subsidiary of such a bank, 1270
savings bank, savings and loanassociation, or credit union; or an 1271
employee of an affiliate that controls, is controlled by, or is 1272
under common control with, such a bank, savings bank, savings and 1273
loan association, or credit union. 1274

       (I) "Mortgage" means any indebtedness secured by a deed of 1275
trust, security deed, or other lien on real property. 1276

       (J) "Mortgage broker" has the same meaning as in section 1277
1322.01 of the Revised Code, except that it does not include a 1278
bank, savings bank, savings and loan association, or credit union 1279
organized under the laws of this state, another state, or the 1280
United States; a subsidiary of such a bank, savings bank, savings 1281
and loan association, or credit union; an affiliate that controls, 1282
is controlled by, or is under common control with, such a bank, 1283
savings bank, savings and loan association, or credit union; or an 1284
employee of any such entity. 1285

       (K) "Nonbank mortgage lender" means any person that engages 1286
in a mortgage loan transaction with a consumer, except for a bank, 1287
savings bank, savings and loan association, or credit union 1288
organized under the laws of this state, another state, or the 1289
United States; a subsidiary of such a bank, savings bank, savings 1290
and loan association, or credit union; or an affiliate that 1291
controls, is controlled by, or is under common control with, such 1292
a bank, savings bank, savings and loan association, or credit 1293
union. 1294

       (L) For purposes of divisions (H), (J), and (K) of this 1295
section, "control" of another entity means ownership, control, or 1296
power to vote twenty-five per cent or more of the outstanding 1297
shares of any class of voting securities of the other entity, 1298
directly or indirectly or acting through one or more other 1299
persons. 1300

       Sec. 1345.09. For a violation of Chapter 1345. of the 1301
Revised Code, a consumer has a cause of action and is entitled to 1302
relief as follows: 1303

       (A) Where the violation was an act prohibited by section 1304
1345.02 or 1345.03 of the Revised Code, the consumer may, in an 1305
individual action, rescind the transaction or recover ~~his~~the 1306
consumer's actual economic damages. 1307

       (B) Where the violation was an act or practice declared to be 1308
deceptive or unconscionable by rule adopted under division (B) (2) 1309
of section 1345.05 of the Revised Code before the consumer 1310
transaction on which the action is based, or an act or practice 1311
determined by a court of this state to violate section 1345.02 or 1312
1345.03 of the Revised Code and committed after the decision 1313
containing the determination has been made available for public 1314
inspection under division (A)(3) of section 1345.05 of the Revised 1315
Code, the consumer may rescind the transaction or recover, but not 1316
in a class action, three times the amount of ~~his~~the consumer's 1317
actual economic damages or two hundred dollars, whichever is 1318
greater, or recover damages or other appropriate relief in a class 1319
action under Civil Rule 23, as amended. 1320

       (C) In any action for rescission, revocation of the consumer 1321
transaction must occur within a reasonable time after the consumer 1322
discovers or should have discovered the ground for it and before 1323
any substantial change in condition of the subject of the consumer 1324
transaction. 1325

       (D) Any consumer may seek a declaratory judgment, an 1326
injunction, or other appropriate relief against an act or practice 1327
that violates this chapter. 1328

       (E) When a consumer commences an individual action for a 1329
declaratory judgment or an injunction or a class action under this 1330
section, the clerk of court shall immediately mail a copy of the 1331
complaint to the attorney general. Upon timely application, the 1332
attorney general may be permitted to intervene in any private 1333
action or appeal pending under this section. When a judgment under 1334
this section becomes final, the clerk of court shall mail a copy 1335
of the judgment including supporting opinions to the attorney 1336
general for inclusion in the public file maintained under division 1337
(A)(3) of section 1345.05 of the Revised Code. 1338

       (F)(1) The court ~~may~~shall award to the prevailing party a 1339
reasonable attorney's fee limited to the work reasonably 1340
performed, if ~~either of~~ the ~~following apply:~~ 1341

       ~~(1) The~~ consumer complaining of the act or practice that 1342
violated this chapter has brought or maintained an action that is 1343
groundless, and the consumer filed or maintained the action in bad 1344
faith;. 1345

       (2) The court may award to the prevailing party a reasonable 1346
attorney's fee limited to the work reasonably performed, if the 1347
supplier has knowingly committed an act or practice that violates 1348
this chapter. 1349

       (G) As used in this section, "actual economic damages" means 1350
damages representing direct, incidental, or consequential 1351
pecuniary losses resulting from the violation. 1352

       Sec. 1349.31. (A)(1) No creditor shall willfully and 1353
knowingly fail to comply with section 1349.26 or 1349.27 of the 1354
Revised Code. For purposes of division (A)(1) of this section, 1355
"willfully and knowingly" has the same meaning as in section 112 1356
of the "Truth in Lending Act," 82 Stat. 146 (1968), 15 U.S.C.A. 1357
1611, as amended. 1358

       (2) Whoever violates division (A)(1) of this section is 1359
guilty of a felony of the fifth degree. 1360

       (B) The superintendent of financial institutions or the 1361
attorney general may directly bring an action to enjoin a 1362
violation of this section. The prosecuting attorney of the county 1363
in which the action may be brought may bring an action to enjoin a 1364
violation of this section only if the prosecuting attorney first 1365
presents any evidence of the violation to the attorney general and 1366
the attorney general chooses not to bring the action. 1367

       (C)(1) The superintendent of financial institutions may 1368
initiate criminal proceedings under this section by presenting any 1369
evidence of criminal violations to the prosecuting attorney of the 1370
county in which the offense may be prosecuted. If the prosecuting 1371
attorney does not prosecute the violations, or at the request of 1372
the prosecuting attorney, the superintendent shall present any 1373
evidence of criminal violations to the attorney general, who may 1374
proceed in the prosecution with all the rights, privileges, and 1375
powers conferred by law on prosecuting attorneys, including the 1376
power to appear before grand juries and to interrogate witnesses 1377
before such grand juries. These powers of the attorney general 1378
shall be in addition to any other applicable powers of the 1379
attorney general. 1380

       (2) The attorney general may initiate criminal proceedings 1381
under this section with all the rights, privileges, and powers 1382
described in division (C)(1) of this section. 1383

       (3) In order to initiate criminal proceedings under this 1384
section, the prosecuting attorney of the county in which an 1385
alleged offense may be prosecuted shall first present any evidence 1386
of criminal violations to the attorney general. The attorney 1387
general may proceed in the prosecution with all the rights, 1388
privileges, and powers described in division (C)(1) of this 1389
section, or may defer prosecution of the violations to the 1390
prosecuting attorney. 1391

       Sec. 1349.41. (A) As used in this section: 1392

       (1) "Consumer" means an individual to whom credit is offered 1393
or extended primarily for personal, family, or household purposes. 1394

       (2) "Lender" means a nonbank mortgage lender as defined in 1395
section 1345.01 of the Revised Code. "Lender" does not include a 1396
person that purchases or is assigned a loan or that functions 1397
solely as the servicer of a loan. 1398

       (3) "Mortgage" and "registrant" have the same meanings as in 1399
section 1322.01 of the Revised Code. 1400

       (4) "Net worth" means the net worth of an individual, as 1401
defined by common lending practices, with the following assets 1402
excluded: 1403

       (a) The value of the home that is the subject of the mortgage 1404
loan transaction; 1405

       (b) Any social security or pension payments or assets; 1406

       (c) Any life insurance assets. 1407

       (B) With respect to a mortgage loan transaction with a 1408
consumer who has less than twenty-five thousand dollars of net 1409
worth, the lender shall be a fiduciary of the consumer and shall 1410
use the lender's best efforts to further the interest of the 1411
consumer, including complying with the reasonable and lawful 1412
instructions of the consumer and acting with reasonable care, 1413
skill, and diligence on behalf of the consumer, if the transaction 1414
does not involve a registrant or the registrant does not have a 1415
material role in the transaction. 1416

       Sec. 1349.43. (A) As used in this section, "loan officer," 1417
"mortgage broker," and "non-bank mortgage lender" have the same 1418
meanings as in section 1345.01 of the Revised Code. 1419

       (B) The department of commerce shall establish and maintain 1420
an electronic database accessible through the internet that 1421
contains information on all of the following: 1422

       (1) The enforcement actions taken by the superintendent of 1423
financial institutions for each violation of or failure to comply 1424
with any provision of sections 1322.01 to 1322.12 of the Revised 1425
Code, upon final disposition of the action; 1426

       (2) The enforcement actions taken by the attorney general 1427
under Chapter 1345. of the Revised Code against loan officers, 1428
mortgage brokers, and non-bank mortgage lenders, upon final 1429
disposition of each action; 1430

       (3) All judgments by courts of this state, concerning which 1431
appellate remedies have been exhausted or lost by the expiration 1432
of the time for appeal, finding either of the following: 1433

       (a) A violation of any provision of sections 1322.01 to 1434
1322.12 of the Revised Code; 1435

       (b) That specific acts or practices by a loan officer, 1436
mortgage broker, or non-bank mortgage lender violate section 1437
1345.02 or 1345.03 of the Revised Code. 1438

       (C) The attorney general shall submit to the department, on 1439
the first day of each January, April, July, and October, a list of 1440
all enforcement actions and judgments described in divisions 1441
(B)(2) and (3)(b) of this section. 1442

       (D) The department may adopt rules in accordance with Chapter 1443
119. of the Revised Code that are necessary to implement this 1444
section. 1445

       Sec. 1349.44. The superintendent of financial institutions 1446
shall report semi-annually to the governor and the general 1447
assembly on the operations of the division of financial 1448
institutions with respect to the following: 1449

       (A) Enforcement actions instituted by the superintendent for 1450
a violation of or failure to comply with any provision of sections 1451
1322.01 to 1322.12 of the Revised Code, and their final 1452
dispositions; 1453

       (B) Suspensions, revocations, or refusals to issue or renew 1454
certificates of registration and licenses under sections 1322.01 1455
to 1322.12 of the Revised Code; 1456

       (C) Outreach efforts of the office of consumer affairs to 1457
provide education regarding predatory lending, borrowing, and 1458
related financial topics. 1459

       Sec. 4735.05. (A) The Ohio real estate commission is a part 1460
of the department of commerce for administrative purposes. The 1461
director of commerce is ex officio the executive officer of the 1462
commission, or the director may designate any employee of the 1463
department as superintendent of real estate and professional 1464
licensing to act as executive officer of the commission. 1465

       The commission and the real estate appraiser board created 1466
pursuant to section 4763.02 of the Revised Code shall each submit 1467
to the director a list of three persons whom the commission and 1468
the board consider qualified to be superintendent within sixty 1469
days after the office of superintendent becomes vacant. The 1470
director shall appoint a superintendent from the lists submitted 1471
by the commission and the board, and the superintendent shall 1472
serve at the pleasure of the director. 1473

       (B) The superintendent, except as otherwise provided, shall 1474
do all of the following in regard to this chapter: 1475

       (1) Administer this chapter; 1476

       (2) Issue all orders necessary to implement this chapter; 1477

       (3) Investigate complaints concerning the violation of this 1478
chapter or the conduct of any licensee; 1479

       (4) Establish and maintain an investigation and audit section 1480
to investigate complaints and conduct inspections, audits, and 1481
other inquiries as in the judgment of the superintendent are 1482
appropriate to enforce this chapter. The investigators or auditors 1483
have the right to review and audit the business records of 1484
licensees and continuing education course providers during normal 1485
business hours. 1486

       (5) Appoint a hearing examiner for any proceeding involving 1487
disciplinary action under section 3123.47 or 4735.18 of the 1488
Revised Code; 1489

       (6) Administer the real estate recovery fund. 1490

       (C) The superintendent may do all of the following: 1491

       (1) In connection with investigations and audits under 1492
division (B) of this section, subpoena witnesses as provided in 1493
section 4735.04 of the Revised Code; 1494

       (2) Apply to the appropriate court to enjoin any violation of 1495
this chapter. Upon a showing by the superintendent that any person 1496
has violated or is about to violate any provision of this chapter, 1497
the court shall grant an injunction, restraining order, or other 1498
appropriate order. 1499

       (3) Upon the death of a licensed broker or the revocation or 1500
suspension of the broker's license, if there is no other licensed 1501
broker within the business entity of the broker, appoint upon 1502
application by any interested party, or, in the case of a deceased 1503
broker, subject to the approval by the appropriate probate court, 1504
recommend the appointment of, an ancillary trustee who is 1505
qualified as determined by the superintendent to conclude the 1506
business transactions of the deceased, revoked, or suspended 1507
broker; 1508

       (4) In conjunction with the enforcement of this chapter, when 1509
the superintendent of real estate has reasonable cause to believe 1510
that an applicant or licensee has committed a criminal offense, 1511
the superintendent of real estate may request the superintendent 1512
of the bureau of criminal identification and investigation to 1513
conduct a criminal records check of the applicant or licensee. The 1514
superintendent of the bureau of criminal identification and 1515
investigation shall obtain information from the federal bureau of 1516
investigation as part of the criminal records check of the 1517
applicant or licensee. The superintendent of real estate may 1518
assess the applicant or licensee a fee equal to the fee assessed 1519
for the criminal records check. 1520

       (D) All information that is obtained by investigators and 1521
auditors performing investigations or conducting inspections, 1522
audits, and other inquiries pursuant to division (B)(4) of this 1523
section, from licensees, complainants, or other persons, and all 1524
reports, documents, and other work products that arise from that 1525
information and that are prepared by the investigators, auditors, 1526
or other personnel of the department, shall be held in confidence 1527
by the superintendent, the investigators and auditors, and other 1528
personnel of the department. Notwithstanding division (D) of 1529
section 2317.023 of the Revised Code, all information obtained by 1530
investigators or auditors from an informal mediation meeting held 1531
pursuant to section 4735.051 of the Revised Code, including but 1532
not limited to the agreement to mediate and the accommodation 1533
agreement, shall be held in confidence by the superintendent, 1534
investigators, auditors, and other personnel of the department. 1535

       (E) This section does not prevent the division of real estate 1536
and professional licensing from releasing information relating to 1537
licensees to the superintendent of financial institutions for 1538
purposes relating to the administration of sections 1322.01 to 1539
1322.12 of the Revised Code or to the superintendent of insurance 1540
for purposes relating to the administration of Chapter 3953. of 1541
the Revised Code. Information released by the division pursuant to 1542
this section remains privileged and confidential, and may not be 1543
disclosed or introduced into evidence unless the superintendent of 1544
real estate and professional licensing authorizes the disclosure 1545
or introduction into evidence. 1546

       Sec. 4763.03. (A) In addition to any other duties imposed on 1547
the real estate appraiser board under this chapter, the board 1548
shall: 1549

       (1) Adopt rules, in accordance with Chapter 119. of the 1550
Revised Code, in furtherance of this chapter, including, but not 1551
limited to, all of the following: 1552

       (a) Defining, with respect to state-certified general real 1553
estate appraisers, state-certified residential real estate 1554
appraisers, and state-licensed residential real estate appraisers, 1555
the type of educational experience, appraisal experience, and 1556
other equivalent experience that satisfy the requirements of this 1557
chapter. The rules shall require that all appraisal experience 1558
performed after January 1, 1996, meet the uniform standards of 1559
professional practice established by the appraisal foundation. 1560

       (b) Establishing the examination specifications for 1561
state-certified general real estate appraisers, state-certified 1562
residential real estate appraisers, and state-licensed residential 1563
real estate appraisers; 1564

       (c) Relating to disciplinary proceedings conducted in 1565
accordance with section 4763.11 of the Revised Code, including 1566
rules governing the reinstatement of certificates, registrations, 1567
and licenses that have been suspended pursuant to those 1568
proceedings; 1569

       (d) Identifying any additional information to be included on 1570
the forms specified in division (C) of section 4763.12 of the 1571
Revised Code, provided that the rules shall not require any less 1572
information than is required in that division; 1573

       (e) Establishing the fees set forth in section 4763.09 of the 1574
Revised Code; 1575

       (f) Establishing the amount of the assessment required by 1576
division (A)(2) of section 4763.05 of the Revised Code. The board 1577
annually shall determine the amount due from each applicant for an 1578
initial certificate, registration, and license in an amount that 1579
will maintain the real estate appraiser recovery fund at the level 1580
specified in division (A) of section 4763.16 of the Revised Code. 1581
The board may, if the fund falls below that amount, require 1582
current certificate holders, registrants, and licensees to pay an 1583
additional assessment. 1584

       (g) Defining, with respect to state-registered real estate 1585
appraiser assistants, the educational and experience requirements 1586
of division (C)(1)(d) of section 4763.05 of the Revised Code; 1587

       (h) Establishing a real estate appraiser assistant program 1588
for the registration of real estate appraiser assistants. 1589

       (2) Provide or procure appropriate examination questions and 1590
answers for the examinations required by division (D) of section 1591
4763.05 of the Revised Code, and establish the criteria for 1592
successful completion of those examinations; 1593

       (3) Periodically review the standards for preparation and 1594
reporting of real estate appraisals provided in this chapter and 1595
adopt rules explaining and interpreting those standards; 1596

       (4) Hear appeals, pursuant to Chapter 119. of the Revised 1597
Code, from decisions and orders the superintendent of real estate 1598
issues pursuant to this chapter; 1599

       (5) Request the initiation by the superintendent of 1600
investigations of violations of this chapter or the rules adopted 1601
pursuant thereto, as the board determines appropriate; 1602

       (6) Determine the appropriate disciplinary actions to be 1603
taken against certificate holders, registrants, and licensees 1604
under this chapter as provided in section 4763.11 of the Revised 1605
Code. 1606

       (B) In addition to any other duties imposed on the 1607
superintendent of real estate under this chapter, the 1608
superintendent shall: 1609

       (1) Prescribe the form and content of all applications 1610
required by this chapter; 1611

       (2) Receive applications for certifications, registrations, 1612
and licenses and renewal thereof under this chapter and establish 1613
the procedures for processing, approving, and disapproving those 1614
applications; 1615

       (3) Retain records and all application materials submitted to 1616
the superintendent; 1617

       (4) Establish the time and place for conducting the 1618
examinations required by division (D) of section 4763.05 of the 1619
Revised Code; 1620

       (5) Issue certificates, registrations, and licenses and 1621
maintain a register of the names and addresses of all persons 1622
issued a certificate, registration, or license under this chapter; 1623

       (6) Perform any other functions and duties, including the 1624
employment of staff, necessary to administer this chapter; 1625

       (7) Administer this chapter; 1626

       (8) Issue all orders necessary to implement this chapter; 1627

       (9) Investigate complaints, upon the superintendent's own 1628
motion or upon receipt of a complaint or upon a request of the 1629
board, concerning any violation of this chapter or the rules 1630
adopted pursuant thereto or the conduct of any person holding a 1631
certificate, registration, or license issued pursuant to this 1632
chapter; 1633

       (10) Establish and maintain an investigation and audit 1634
section to investigate complaints and conduct inspections, audits, 1635
and other inquiries as in the judgment of the superintendent are 1636
appropriate to enforce this chapter. The investigators and 1637
auditors have the right to review and audit the business records 1638
of certificate holders, registrants, and licensees during normal 1639
business hours. The superintendent may utilize the investigators 1640
and auditors employed pursuant to division (B)(4) of section 1641
4735.05 of the Revised Code or currently licensed certificate 1642
holders or licensees to assist in performing the duties of this 1643
division. 1644

       (11) Appoint a referee or examiner for any proceeding 1645
involving the revocation or suspension of a certificate, 1646
registration, or license under section 3123.47 or 4763.11 of the 1647
Revised Code; 1648

       (12) Administer the real estate appraiser recovery fund; 1649

       (13) Conduct the examinations required by division (D) of 1650
section 4763.05 of the Revised Code at least four times per year. 1651

       (C) The superintendent may do all of the following: 1652

       (1) In connection with investigations and audits under 1653
division (B) of this section, subpoena witnesses as provided in 1654
section 4763.04 of the Revised Code; 1655

       (2) Apply to the appropriate court to enjoin any violation of 1656
this chapter. Upon a showing by the superintendent that any person 1657
has violated or is about to violate this chapter, the court shall 1658
grant an injunction, restraining order, or other appropriate 1659
relief, or any combination thereof. 1660

       (D) All information that is obtained by investigators and 1661
auditors performing investigations or conducting inspections, 1662
audits, and other inquiries pursuant to division (B)(10) of this 1663
section, from certificate holders, registrants, licensees, 1664
complainants, or other persons, and all reports, documents, and 1665
other work products that arise from that information and that are 1666
prepared by the investigators, auditors, or other personnel of the 1667
department of commerce, shall be held in confidence by the 1668
superintendent, the investigators and auditors, and other 1669
personnel of the department. 1670

       (E) This section does not prevent the division of real estate 1671
and professional licensing from releasing information relating to 1672
certificate holders, registrants, and licensees to the 1673
superintendent of financial institutions for purposes relating to 1674
the administration of sections 1322.01 to 1322.12 of the Revised 1675
Code or to the superintendent of insurance for purposes relating 1676
to the administration of Chapter 3953. of the Revised Code. 1677
Information released by the division pursuant to this section 1678
remains privileged and confidential, and may not be disclosed or 1679
introduced into evidence unless the superintendent of real estate 1680
and professional licensing authorizes the disclosure or 1681
introduction into evidence. 1682

       Sec. 4763.05. (A)(1)(a) A person shall make application for 1683
an initial state-certified general real estate appraiser 1684
certificate, an initial state-certified residential real estate 1685
appraiser certificate, an initial state-licensed residential real 1686
estate appraiser license, or an initial state-registered real 1687
estate appraiser assistant registration in writing to the 1688
superintendent of real estate on a form the superintendent 1689
prescribes. The application shall include the address of the 1690
applicant's principal place of business and all other addresses at 1691
which the applicant currently engages in the business of preparing 1692
real estate appraisals and the address of the applicant's current 1693
residence. The superintendent shall retain the applicant's current 1694
residence address in a separate record which shall not constitute 1695
a public record for purposes of section 149.03 of the Revised 1696
Code. The application shall indicate whether the applicant seeks 1697
certification as a general real estate appraiser or as a 1698
residential real estate appraiser, licensure as a residential real 1699
estate appraiser, or registration as a real estate appraiser 1700
assistant and be accompanied by the prescribed examination and 1701
certification, registration, or licensure fees set forth in 1702
section 4763.09 of the Revised Code. The application also shall 1703
include a fingerprint of the applicant; a pledge, signed by the 1704
applicant, that the applicant will comply with the standards set 1705
forth in this chapter; and a statement that the applicant 1706
understands the types of misconduct for which disciplinary 1707
proceedings may be initiated against the applicant pursuant to 1708
this chapter. 1709

       (b) Upon the filing of an application and payment of any 1710
examination and certification, registration, or licensure fees, 1711
the superintendent of real estate shall investigate the applicant 1712
as follows: 1713

       (i) The superintendent shall request the superintendent of 1714
the bureau of criminal identification and investigation to conduct 1715
a criminal records check of the applicant based on a fingerprint 1716
of the applicant pursuant to section 109.572 of the Revised Code 1717
to determine whether the applicant has been convicted of or 1718
pleaded guilty to any criminal offense involving theft, receiving 1719
stolen property, embezzlement, forgery, fraud, passing bad checks, 1720
money laundering, or drug trafficking, or any crime involving 1721
money or securities. The superintendent shall also determine 1722
whether the applicant has pleaded guilty to or been convicted of a 1723
violation of an existing or former law of this state, any other 1724
state, or the United States that substantially is equivalent to a 1725
criminal offense described in division (A)(1)(b)(i) of this 1726
section. 1727

       (ii) The superintendent of real estate shall provide an 1728
applicant with a copy of the form prescribed pursuant to division 1729
(C)(1) of section 109.572 of the Revised Code and a standard 1730
impression sheet to obtain fingerprint impressions as prescribed 1731
pursuant to division (C)(2) of section 109.572 of the Revised 1732
Code. Any person who is given a form and impression sheet shall 1733
provide the completed form and the fingerprint impressions, as 1734
requested, prior to the granting of a certificate, license, or 1735
registration. 1736

       (iii) The superintendent shall forward any completed form and 1737
impression sheet to the superintendent of the bureau of criminal 1738
identification and investigation at the time that the criminal 1739
records check is requested, along with any fees required pursuant 1740
to division (C)(3) of section 109.572 of the Revised Code. 1741

       (iv) Notwithstanding division (J) of section 121.08 of the 1742
Revised Code, the superintendent of real estate shall request the 1743
superintendent of the bureau of criminal identification and 1744
investigation to obtain criminal record information from the 1745
federal bureau of investigation, as part of any criminal records 1746
check. 1747

       (2) For purposes of providing funding for the real estate 1748
appraiser recovery fund established by section 4763.16 of the 1749
Revised Code, the real estate appraiser board shall levy an 1750
assessment against each person issued an initial certificate, 1751
registration, or license and against current licensees, 1752
registrants, and certificate holders, as required by board rule. 1753
The assessment is in addition to the application and examination 1754
fees for initial applicants required by division (A)(1) of this 1755
section and the renewal fees required for current certificate 1756
holders, registrants, and licensees. The superintendent of real 1757
estate shall deposit the assessment into the state treasury to the 1758
credit of the real estate appraiser recovery fund. The assessment 1759
for initial certificate holders, registrants, and licensees shall 1760
be paid prior to the issuance of a certificate, registration, or 1761
license, and for current certificate holders, registrants, and 1762
licensees, at the time of renewal. 1763

       (B) An applicant for an initial general real estate appraiser 1764
certificate shall possess at least thirty months of experience in 1765
real estate appraisal, or any equivalent experience the board 1766
prescribes. An applicant for a residential real estate appraiser 1767
certificate or residential real estate appraiser license shall 1768
possess at least two years of experience in real estate appraisal, 1769
or any equivalent experience the board prescribes. In addition to 1770
any other information required by the board, the applicant shall 1771
furnish, under oath, a detailed listing of the appraisal reports 1772
or file memoranda for each year for which experience is claimed 1773
and, upon request of the superintendent or the board, shall make 1774
available for examination a sample of the appraisal reports 1775
prepared by the applicant in the course of the applicant's 1776
practice. 1777

       (C)(1) Except as provided in division (C)(2) of this section, 1778
an applicant for an initial certificate, registration, or license 1779
shall be at least eighteen years of age, honest, truthful, and of 1780
good reputation and shall present satisfactory evidence to the 1781
superintendent of the following, as appropriate: 1782

       (a) If the applicant is seeking a state-certified general 1783
real estate appraiser certificate, that the applicant has 1784
successfully completed at least one hundred sixty-five classroom 1785
hours of courses in subjects related to real estate appraisal, 1786
including at least one course devoted exclusively to federal, 1787
state, and municipal fair housing law, presented by a nationally 1788
recognized appraisal organization, an institution of higher 1789
education, a career school registered by the state board of career 1790
colleges and schools, a state or federal commission or agency, or 1791
any other organization that represents the interests of financial 1792
institutions or real estate brokers, appraisers, or agents and 1793
that provides appraisal education, plus fifteen classroom hours 1794
related to standards of professional practice and the provisions 1795
of this chapter; 1796

       (b) If the applicant is seeking a state-certified residential 1797
real estate appraiser certificate, that the applicant has 1798
successfully completed at least one hundred five classroom hours 1799
of courses in subjects related to real estate appraisal, including 1800
at least one course devoted exclusively to federal, state, and 1801
municipal fair housing law, presented by a nationally recognized 1802
appraisal organization, an institution of higher education, a 1803
career school registered by the state board of career colleges and 1804
schools, or any other organization that represents the interests 1805
of financial institutions or real estate brokers, appraisers, or 1806
agents and that provides appraisal education, plus fifteen 1807
classroom hours related to standards of professional practice and 1808
the provisions of this chapter; 1809

       (c) If the applicant is seeking a state-licensed residential 1810
real estate appraiser license, that the applicant has successfully 1811
completed at least seventy-five classroom hours of courses in 1812
subjects related to real estate appraisal, including at least one 1813
course devoted exclusively to federal, state, and municipal fair 1814
housing law, presented by a nationally recognized appraisal 1815
organization, an institution of higher education, a career school 1816
registered by the state board of career colleges and schools, a 1817
state or federal commission or agency, or any other organization 1818
that represents the interests of financial institutions or real 1819
estate brokers, appraisers, or agents and that provides appraisal 1820
education, plus fifteen classroom hours related to standards of 1821
professional practice and the provisions of this chapter; 1822

       (d) If the applicant is seeking a state-registered real 1823
estate appraiser assistant registration, that the applicant has 1824
successfully completed at least seventy-five classroom hours of 1825
courses in subjects related to real estate appraisal, including at 1826
least one course devoted exclusively to federal, state, and 1827
municipal fair housing law, presented by a nationally recognized 1828
appraisal organization, an institution of higher education, a 1829
career school registered by the state board of career colleges and 1830
schools, or any other organization that represents the interests 1831
of financial institutions or real estate brokers, appraisers, or 1832
agents, and that provides appraisal education that included at 1833
least fifteen classroom hours of instruction related to standards 1834
of professional practice and the requirements of this chapter and 1835
the rules adopted under this chapter. 1836

       (2) Each person who files an application for an initial 1837
certificate or license within one year of the date established by 1838
the board as the first date on which applications will be accepted 1839
under this section, which date shall be no later than September 1, 1840
1990, and who, at the time of filing that application, does not 1841
satisfy the educational requirements for the certification or 1842
licensure sought of either division (C)(1)(a) or (b) of this 1843
section is exempt from those educational requirements for the term 1844
of the initial certification or licensure. In applying for a 1845
renewal certificate or license pursuant to section 4763.06 of the 1846
Revised Code, a certificate holder or licensee who was exempted 1847
from the educational requirements of division (C)(1)(a) or (b) of 1848
this section when applying for the initial certificate or license 1849
shall present satisfactory evidence to the superintendent that the 1850
certificate holder or licensee has completed the educational 1851
requirements for the certification or licensure to be renewed of 1852
one of those divisions before the renewal certificate or license 1853
may be issued. 1854

       (D) An applicant for an initial general real estate appraiser 1855
or residential real estate appraiser certificate or residential 1856
real estate appraiser license shall take and successfully complete 1857
a written examination in order to qualify for the certificate or 1858
license. The examination shall require the applicant to 1859
demonstrate all of the following: 1860

       (1) Appropriate knowledge of technical terms commonly used in 1861
or related to real estate appraising, appraisal report writing, 1862
and the economic concepts applicable to real estate; 1863

       (2) Understanding of the principles of land economics, real 1864
estate appraisal processes, and problems likely to be encountered 1865
in gathering, interpreting, and processing of data in carrying out 1866
appraisal disciplines; 1867

       (3) Understanding of the standards for the development and 1868
communication of real estate appraisals as provided in this 1869
chapter and the rules adopted thereunder; 1870

       (4) Knowledge of theories of depreciation, cost estimating, 1871
methods of capitalization, direct sales comparison, and the 1872
mathematics of real estate appraisal that are appropriate for the 1873
certification or licensure for which the applicant has applied; 1874

       (5) Knowledge of other principles and procedures as 1875
appropriate for the certification or license; 1876

       (6) Basic understanding of real estate law; 1877

       (7) Understanding of the types of misconduct for which 1878
disciplinary proceedings may be initiated against a certificate 1879
holder and licensee. 1880

       (E)(1) A nonresident, natural person of this state who has 1881
complied with this section may obtain a certificate, registration, 1882
or license. The board shall adopt rules relating to the 1883
certification, registration, and licensure of a nonresident 1884
applicant whose state of residence the board determines to have 1885
certification, registration, or licensure requirements that are 1886
substantially similar to those set forth in this chapter and the 1887
rules adopted thereunder. 1888

       (2) The board shall recognize on a temporary basis a 1889
certification or license issued in another state and shall 1890
register on a temporary basis an appraiser who is certified or 1891
licensed in another state if all of the following apply: 1892

       (a) The temporary registration is to perform an appraisal 1893
assignment that is part of a federally related transaction;. 1894

       (b) The appraiser's business in this state is of a temporary 1895
nature;. 1896

       (c) The appraiser registers with the board pursuant to this 1897
division. 1898

       An appraiser who is certified or licensed in another state 1899
shall register with the board for temporary practice before 1900
performing an appraisal assignment in this state in connection 1901
with a federally related transaction. 1902

       The board shall adopt rules relating to registration for the 1903
temporary recognition of certification and licensure of appraisers 1904
from another state. The registration for temporary recognition of 1905
certified or licensed appraisers from another state shall not 1906
authorize completion of more than one appraisal assignment in this 1907
state. The board shall not issue more than two registrations for 1908
temporary practice to any one applicant in any calendar year. 1909

       (3) In addition to any other information required to be 1910
submitted with the nonresident applicant's or appraiser's 1911
application for a certificate, registration, license, or temporary 1912
recognition of a certificate or license, each nonresident 1913
applicant or appraiser shall submit a statement consenting to the 1914
service of process upon the nonresident applicant or appraiser by 1915
means of delivering that process to the secretary of state if, in 1916
an action against the applicant, certificate holder, registrant, 1917
or licensee arising from the applicant's, certificate holder's, 1918
registrant's, or licensee's activities as a certificate holder, 1919
registrant, or licensee, the plaintiff, in the exercise of due 1920
diligence, cannot effect personal service upon the applicant, 1921
certificate holder, registrant, or licensee. 1922

       (F) The superintendent shall not issue a certificate, 1923
registration, or license to, or recognize on a temporary basis an 1924
appraiser from another state that is a corporation, partnership, 1925
or association. This prohibition shall not be construed to prevent 1926
a certificate holder or licensee from signing an appraisal report 1927
on behalf of a corporation, partnership, or association. 1928

       (G) Every person licensed, registered, or certified under 1929
this chapter shall notify the superintendent, on a form provided 1930
by the superintendent, of a change in the address of the 1931
licensee's, registrant's, or certificate holder's principal place 1932
of business or residence within thirty days of the change. If a 1933
licensee's, registrant's, or certificate holder's license, 1934
registration, or certificate is revoked or not renewed, the 1935
licensee, registrant, or certificate holder immediately shall 1936
return the annual and any renewal certificate, registration, or 1937
license to the superintendent. 1938

       (H)(1) The superintendent shall not issue a certificate, 1939
registration, or license to any person, or recognize on a 1940
temporary basis an appraiser from another state, who does not meet 1941
applicable minimum criteria for state certification, registration, 1942
or licensure prescribed by federal law or rule. 1943

       (2) The superintendent shall not issue a general real estate 1944
appraiser certificate, residential real estate appraiser 1945
certificate, residential real estate appraiser license, or real 1946
estate appraiser assistant registration to any person who has been 1947
convicted of or pleaded guilty to any criminal offense described 1948
in division (A)(1)(b)(i) of this section, including a violation of 1949
an existing or former law of this state, any other state, or the 1950
United States that substantially is equivalent to a criminal 1951
offense described in that division. 1952

       Sec. 4763.06. (A) ASubject to division (C) of this section, 1953
a person licensed, registered, or certified under this chapter may 1954
obtain a renewal certificate, registration, or license by filing a 1955
renewal application with and paying the renewal fee set forth in 1956
section 4763.09 of the Revised Code and any amount assessed 1957
pursuant to division (A)(2) of section 4763.05 of the Revised Code 1958
to the superintendent of real estate. The certificate holder, 1959
registrant, or licensee shall file the renewal application at 1960
least thirty days, but no earlier than one hundred twenty days, 1961
prior to expiration of the certificate holder's, registrant's, or 1962
licensee's current certificate, registration, or license. A 1963
certificate holder or licensee who applies for a renewal 1964
certificate or license who, pursuant to division (C)(2) of section 1965
4763.05 of the Revised Code, was exempted from the educational 1966
requirements of division (C)(1) of that section during the term of 1967
the initial certificate or license, as a condition of renewal, 1968
also shall present satisfactory evidence of having completed the 1969
appropriate educational requirements of either division (C)(1)(a) 1970
or (b) of that section since the effective date of the initial 1971
certificate or license. 1972

       (B) A certificate holder, registrant, or licensee who fails 1973
to renew a certificate, registration, or license prior to its 1974
expiration is ineligible to obtain a renewal certificate, 1975
registration, or license and shall comply with section 4763.05 of 1976
the Revised Code in order to regain ~~his~~ certification or 1977
licensure, except that a certificate holder, registrant, or 1978
licensee may, within three months after the expiration of the 1979
certificate holder's, registrant's, or licensee's certificate, 1980
registration, or license, renew the certificate, registration, or 1981
license without having to comply with section 4763.05 of the 1982
Revised Code by payment of all fees for renewal and payment of the 1983
late filing fee set forth in section 4763.09 of the Revised Code. 1984
A certificate holder, registrant, or licensee who applies for late 1985
renewal of the certificate holder's, registrant's, or licensee's 1986
certificate, registration, or license may engage in all activities 1987
permitted by the certification, registration, or license being 1988
renewed for the three-month period following the certificate's, 1989
registration's, or license's normal expiration date. 1990

       (C)(1) Upon the filing of a renewal application and payment 1991
of the renewal fees, the superintendent of real estate shall 1992
investigate the applicant as follows: 1993

       (a) The superintendent shall request the superintendent of 1994
the bureau of criminal identification and investigation to conduct 1995
a criminal records check pursuant to section 109.572 of the 1996
Revised Code to determine whether the applicant has been convicted 1997
of or pleaded guilty to any criminal offense described in division 1998
(A)(1)(b)(i) of section 4763.05 of the Revised Code, including a 1999
violation of an existing or former law of this state, any other 2000
state, or the United States that substantially is equivalent to a 2001
criminal offense described in that division. 2002

       (b) The superintendent of real estate shall provide an 2003
applicant with a copy of the form prescribed pursuant to division 2004
(C)(1) of section 109.572 of the Revised Code and a standard 2005
impression sheet to obtain fingerprint impressions prescribed 2006
pursuant to division (C)(2) of section 109.572 of the Revised 2007
Code. Any person who is given a form and impression sheet shall 2008
complete the form and the fingerprint impressions, as requested, 2009
prior to the renewal of a certificate, license, or registration. 2010

       (c) The superintendent shall forward any completed form and 2011
impression sheet to the superintendent of the bureau of criminal 2012
identification and investigation at the time that the criminal 2013
records check is requested, along with any fees required pursuant 2014
to division (C)(3) of section 109.572 of the Revised Code. 2015

       (d) Notwithstanding division (J) of section 121.08 of the 2016
Revised Code, the superintendent of real estate shall request the 2017
superintendent of the bureau of criminal identification and 2018
investigation to obtain criminal record information from the 2019
federal bureau of investigation, as part of any criminal records 2020
check. 2021

       (2) The superintendent shall not renew a general real estate 2022
appraiser certificate, residential real estate appraiser 2023
certificate, residential real estate appraiser license, or real 2024
estate appraiser assistant registration issued under this chapter 2025
if the applicant has been convicted of or pleaded guilty to any 2026
criminal offense described in division (A)(1)(b)(i) of section 2027
4763.05 of the Revised Code, including a violation of an existing 2028
or former law of this state, any other state, or the United States 2029
that substantially is equivalent to a criminal offense described 2030
in that division. 2031

       Sec. 4763.12. (A) A person licensed or certified under this 2032
chapter may be retained or employed to act as a disinterested 2033
third party in rendering an unbiased valuation or analysis of real 2034
estate or to provide specialized services to facilitate the client 2035
or employer's objectives. An appraisal or appraisal report 2036
rendered by a certificate holder or licensee shall comply with 2037
this chapter. A certified appraisal or certified appraisal report 2038
represents to the public that it satisfies the standards set forth 2039
in this chapter. 2040

       (B) No certificate holder or licensee shall accept a fee for 2041
an appraisal assignment that is contingent, in whole or in part, 2042
upon the reporting of a predetermined estimate, analysis, or 2043
opinion or upon the opinion, conclusion, or valuation reached, or 2044
upon consequences resulting from the appraisal assignment. A 2045
certificate holder or licensee who enters into an agreement to 2046
provide specialized services may charge a fixed fee or a fee that 2047
is contingent upon the results achieved by the specialized 2048
services, provided that this fact is clearly stated in each oral 2049
report rendered pursuant to the agreement, and the existence of 2050
the contingent fee arrangement is clearly stated in a prominent 2051
place on each written report and in each letter of transmittal and 2052
certification statement made by the certificate holder or licensee 2053
within that report. 2054

       (C) Every written report rendered by a certificate holder or 2055
licensee in conjunction with an appraisal assignment or 2056
specialized service performed shall include the following 2057
information: 2058

       (1) The name of the certificate holder or licensee; 2059

       (2) The class of certification or licensure held by and the 2060
certification or licensure number of the certificate holder or 2061
licensee; 2062

       (3) Whether the appraisal or specialized service is performed 2063
within the scope of the certificate holder's or licensee's 2064
certification or licensure; 2065

       (4) Whether the appraisal or specialized service is provided 2066
by a certificate holder or licensee as a disinterested and 2067
unbiased third party or as a person on an interested and biased 2068
basis or as an interested third party on a contingent fee basis; 2069

       (5) The signature of the person preparing and reporting the 2070
appraisal or specialized service. 2071

       If the certificate holder or licensee provides an oral real 2072
estate appraisal or specialized service, the certificate holder or 2073
licensee shall send, within seven days of providing the oral 2074
report, a form to the client containing the appropriate 2075
information specified in this division and the rules adopted 2076
pursuant ~~thereto~~to this division. 2077

       (D) Nothing in this chapter shall be construed as requiring a 2078
certificate holder or licensee to provide a client with a copy of 2079
any writing prepared in support of an oral appraisal report except 2080
as provided in division (C) of this section or as agreed to 2081
between the certificate holder or licensee and the certificate 2082
holder's or licensee's client. 2083

       (E) No person, directly or indirectly, shall knowingly 2084
compensate, coerce, or intimidate a certificate holder or licensee 2085
for the purpose of corrupting or improperly influencing the 2086
independent judgment of the certificate holder or licensee with 2087
respect to the value of the dwelling offered as security for 2088
repayment of a mortgage loan. 2089

       Sec. 4763.13. (A) In engaging in appraisal activities, a 2090
person certified, registered, or licensed under this chapter shall 2091
comply with the applicable standards prescribed by the board of 2092
governors of the federal reserve system, the federal deposit 2093
insurance corporation, the comptroller of the currency, the office 2094
of thrift supervision, the national credit union administration, 2095
and the resolution trust corporation in connection with federally 2096
related transactions under the jurisdiction of the applicable 2097
agency or instrumentality. A certificate holder, registrant, and 2098
licensee also shall comply with the uniform standards of 2099
professional appraisal practice, as adopted by the appraisal 2100
standards board of the appraisal foundation and such other 2101
standards adopted by the real estate appraiser board, to the 2102
extent that those standards do not conflict with applicable 2103
federal standards in connection with a particular federally 2104
related transaction. 2105

       (B) The terms "state-licensed residential real estate 2106
appraiser," "state-certified residential real estate appraiser," 2107
"state-certified general real estate appraiser," and 2108
"state-registered real estate appraiser assistant" shall be used 2109
to refer only to those persons who have been issued the applicable 2110
certificate, registration, or license or renewal certificate, 2111
registration, or license pursuant to this chapter. None of these 2112
terms shall be used following or in connection with the name or 2113
signature of a partnership, corporation, or association or in a 2114
manner that could be interpreted as referring to a person other 2115
than the person to whom the certificate, registration, or license 2116
has been issued. No person shall fail to comply with this 2117
division. 2118

       (C) No person, other than a certificate holder, a registrant, 2119
or a licensee, shall assume or use a title, designation, or 2120
abbreviation that is likely to create the impression that the 2121
person possesses certification, registration, or licensure under 2122
this chapter, provided that professional designations containing 2123
the term "certified appraiser" and being used on or before July 2124
26, 1989, shall not be construed as being misleading under this 2125
division. No person other than a person certified or licensed 2126
under this chapter shall describe or refer to an appraisal or 2127
other evaluation of real estate located in this state as being 2128
certified. 2129

       (D) The terms "state-certified or state-licensed real estate 2130
appraisal report," "state-certified or state-licensed appraisal 2131
report," or "state-certified or state-licensed appraisal" shall be 2132
used to refer only to those real estate appraisals conducted by a 2133
certificate holder or licensee as a disinterested and unbiased 2134
third party provided that the certificate holder or licensee 2135
provides certification with the appraisal and provided further 2136
that if a licensee is providing the appraisal, such terms shall 2137
only be used if the licensee is acting within the scope of the 2138
licensee's license. No person shall fail to comply with this 2139
division. 2140

       (E) Nothing in this chapter shall preclude a partnership, 2141
corporation, or association which employs or retains the services 2142
of a certificate holder or licensee to advertise that the 2143
partnership, corporation, or association offers state-certified or 2144
state-licensed appraisals through a certificate holder or licensee 2145
if the advertisement clearly states such fact in accordance with 2146
guidelines for such advertisements established by rule of the real 2147
estate appraiser board. 2148

       ~~(F) Nothing in this chapter shall preclude a person who is~~ 2149
~~not licensed or certified under this chapter from appraising real~~ 2150
~~estate for compensation.~~ 2151

       Sec. 4763.19. (A) Subject to division (B) of this section, 2152
no person shall perform a real estate appraisal for any type of 2153
property for which the person is not licensed or certified under 2154
this chapter to do an appraisal. 2155

       (B) Division (A) of this section does not apply to any of the 2156
following: 2157

        (1) A real estate broker or real estate salesperson, licensed 2158
pursuant to Chapter 4735. of the Revised Code, who performs a 2159
market analysis or provides a price opinion for purposes of 2160
assisting a customer in determining the potential purchasing or 2161
listing price of a property or other valuation of a property, 2162
provided that if the market analysis or price opinion is in 2163
writing, it includes a disclaimer specifying that the market 2164
analysis or price opinion is not an appraisal and was not prepared 2165
by a person licensed or certified under this chapter. 2166

        (2) A federal, state, or local government official or the 2167
government official's designee performing a valuation for purposes 2168
of carrying out official duties, including imposing property 2169
taxes, evaluating a probate estate, or facilitating a sheriff's 2170
sale of the property. 2171

        (3) A lender using a market analysis or price opinion 2172
referred to in division (B)(1) of this section, an internal 2173
valuation analysis, or an automated valuation model or report 2174
based on an automated valuation model, and any person providing 2175
that report to the lender, in performing a valuation for purposes 2176
of a loan application, as long as the lender does both of the 2177
following: 2178

        (a) Gives the consumer loan applicant a copy of any written 2179
market analysis or price opinion or valuation report obtained from 2180
an automated valuation model; 2181

        (b) Includes a disclaimer on the copy described in division 2182
(B)(3)(a) of this section specifying that the valuation used for 2183
purposes of the application was obtained from a market analysis or 2184
price opinion or automated valuation model report and not from a 2185
person licensed or certified under this chapter. 2186

       Sec. 4763.99. (A) Whoever violates division (B) of section 2187
4763.12 or, division (B), (C), or (D) of section 4763.13, or 2188
section 4763.19 of the Revised Code is guilty of a misdemeanor of 2189
the first degree. 2190

       (B) Whoever violates division (E) of section 4763.12 of the 2191
Revised Code is guilty of a felony of the fifth degree. 2192

       Section 2. That existing sections 109.572, 1322.03, 1322.031, 2193
1322.04, 1322.041, 1322.051, 1322.06, 1322.061, 1322.062, 1322.07, 2194
1322.11, 1345.01, 1345.09, 1349.31, 4735.05, 4763.03, 4763.05, 2195
4763.06, 4763.12, 4763.13, and 4763.99 of the Revised Code are 2196
hereby repealed. 2197

       Section 3. Sections 4763.13 and 4763.19 of the Revised Code, 2198
as amended or enacted by this act, shall take effect six months 2199
after the effective date of this act. 2200

       Section 4. Section 109.572 of the Revised Code is presented 2201
in this act as a composite of the section as amended by both Am. 2202
Sub. H.B. 11 and Am. Sub. H.B. 117 of the 125th General Assembly 2203
and Am. Sub. H.B. 68 of the 126th General Assembly. The General 2204
Assembly, applying the principle stated in division (B) of section 2205
1.52 of the Revised Code that amendments are to be harmonized if 2206
reasonably capable of simultaneous operation, finds that the 2207
composite is the resulting version of the section in effect prior 2208
to the effective date of the section as presented in this act. 2209

Section 1. That sections 109.572, 1322.03, 1322.031, 1322.04,	22
1322.041, 1322.051, 1322.06, 1322.061, 1322.062, 1322.07, 1322.11,	23
1345.01, 1345.09, 1349.31, 4735.05, 4763.03, 4763.05, 4763.06,	24
4763.12, 4763.13, and 4763.99 be amended and sections 1321.541,	25
1322.063, 1322.064, 1322.074, 1322.075, 1322.081, 1349.41,	26
1349.43, 1349.44, and 4763.19 of the Revised Code be enacted to	27
read as follows:	28

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	29
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or	30
5153.111 of the Revised Code, a completed form prescribed pursuant	31
to division (C)(1) of this section, and a set of fingerprint	32
impressions obtained in the manner described in division (C)(2) of	33
this section, the superintendent of the bureau of criminal	34
identification and investigation shall conduct a criminal records	35
check in the manner described in division (B) of this section to	36
determine whether any information exists that indicates that the	37
person who is the subject of the request previously has been	38
convicted of or pleaded guilty to any of the following:	39

(a) A violation of section 2903.01, 2903.02, 2903.03,	40
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	41
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	42
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	43
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	44
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	45
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	46
2925.06, or 3716.11 of the Revised Code, felonious sexual	47
penetration in violation of former section 2907.12 of the Revised	48
Code, a violation of section 2905.04 of the Revised Code as it	49
existed prior to July 1, 1996, a violation of section 2919.23 of	50
the Revised Code that would have been a violation of section	51
2905.04 of the Revised Code as it existed prior to July 1, 1996,	52
had the violation been committed prior to that date, or a	53
violation of section 2925.11 of the Revised Code that is not a	54
minor drug possession offense;	55

(b) A violation of an existing or former law of this state,	56
any other state, or the United States that is substantially	57
equivalent to any of the offenses listed in division (A)(1)(a) of	58
this section.	59

(2) On receipt of a request pursuant to section 5123.081 of	60
the Revised Code with respect to an applicant for employment in	61
any position with the department of mental retardation and	62
developmental disabilities, pursuant to section 5126.28 of the	63
Revised Code with respect to an applicant for employment in any	64
position with a county board of mental retardation and	65
developmental disabilities, or pursuant to section 5126.281 of the	66
Revised Code with respect to an applicant for employment in a	67
direct services position with an entity contracting with a county	68
board for employment, a completed form prescribed pursuant to	69
division (C)(1) of this section, and a set of fingerprint	70
impressions obtained in the manner described in division (C)(2) of	71
this section, the superintendent of the bureau of criminal	72
identification and investigation shall conduct a criminal records	73
check. The superintendent shall conduct the criminal records check	74
in the manner described in division (B) of this section to	75
determine whether any information exists that indicates that the	76
person who is the subject of the request has been convicted of or	77
pleaded guilty to any of the following:	78

(a) A violation of section 2903.01, 2903.02, 2903.03,	79
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	80
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	81
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	82
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	83
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	84
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	85
2925.03, or 3716.11 of the Revised Code;	86

(b) An existing or former municipal ordinance or law of this	87
state, any other state, or the United States that is substantially	88
equivalent to any of the offenses listed in division (A)(2)(a) of	89
this section.	90

(3) On receipt of a request pursuant to section 173.41,	91
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	92
form prescribed pursuant to division (C)(1) of this section, and a	93
set of fingerprint impressions obtained in the manner described in	94
division (C)(2) of this section, the superintendent of the bureau	95
of criminal identification and investigation shall conduct a	96
criminal records check with respect to any person who has applied	97
for employment in a position that involves providing direct care	98
to an older adult. The superintendent shall conduct the criminal	99
records check in the manner described in division (B) of this	100
section to determine whether any information exists that indicates	101
that the person who is the subject of the request previously has	102
been convicted of or pleaded guilty to any of the following:	103

(a) A violation of section 2903.01, 2903.02, 2903.03,	104
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	105
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	106
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	107
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	108
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	109
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	110
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	111
2925.22, 2925.23, or 3716.11 of the Revised Code;	112

(b) An existing or former law of this state, any other state,	113
or the United States that is substantially equivalent to any of	114
the offenses listed in division (A)(3)(a) of this section.	115

(4) On receipt of a request pursuant to section 3701.881 of	116
the Revised Code with respect to an applicant for employment with	117
a home health agency as a person responsible for the care,	118
custody, or control of a child, a completed form prescribed	119
pursuant to division (C)(1) of this section, and a set of	120
fingerprint impressions obtained in the manner described in	121
division (C)(2) of this section, the superintendent of the bureau	122
of criminal identification and investigation shall conduct a	123
criminal records check. The superintendent shall conduct the	124
criminal records check in the manner described in division (B) of	125
this section to determine whether any information exists that	126
indicates that the person who is the subject of the request	127
previously has been convicted of or pleaded guilty to any of the	128
following:	129

(a) A violation of section 2903.01, 2903.02, 2903.03,	130
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	131
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	132
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	133
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	134
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	135
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	136
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	137
violation of section 2925.11 of the Revised Code that is not a	138
minor drug possession offense;	139

(b) An existing or former law of this state, any other state,	140
or the United States that is substantially equivalent to any of	141
the offenses listed in division (A)(4)(a) of this section.	142

(5) On receipt of a request pursuant to section 5111.95 or	143
5111.96 of the Revised Code with respect to an applicant for	144
employment with a waiver agency participating in a department of	145
job and family services administered home and community-based	146
waiver program or an independent provider participating in a	147
department administered home and community-based waiver program in	148
a position that involves providing home and community-based waiver	149
services to consumers with disabilities, a completed form	150
prescribed pursuant to division (C)(1) of this section, and a set	151
of fingerprint impressions obtained in the manner described in	152
division (C)(2) of this section, the superintendent of the bureau	153
of criminal identification and investigation shall conduct a	154
criminal records check. The superintendent shall conduct the	155
criminal records check in the manner described in division (B) of	156
this section to determine whether any information exists that	157
indicates that the person who is the subject of the request	158
previously has been convicted of or pleaded guilty to any of the	159
following:	160

(a) A violation of section 2903.01, 2903.02, 2903.03,	161
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	162
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	163
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	164
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	165
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	166
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	167
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	168
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	169
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	170
Revised Code, felonious sexual penetration in violation of former	171
section 2907.12 of the Revised Code, a violation of section	172
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	173
violation of section 2919.23 of the Revised Code that would have	174
been a violation of section 2905.04 of the Revised Code as it	175
existed prior to July 1, 1996, had the violation been committed	176
prior to that date;	177

(b) An existing or former law of this state, any other state,	178
or the United States that is substantially equivalent to any of	179
the offenses listed in division (A)(5)(a) of this section.	180

(6) On receipt of a request pursuant to section 3701.881 of	181
the Revised Code with respect to an applicant for employment with	182
a home health agency in a position that involves providing direct	183
care to an older adult, a completed form prescribed pursuant to	184
division (C)(1) of this section, and a set of fingerprint	185
impressions obtained in the manner described in division (C)(2) of	186
this section, the superintendent of the bureau of criminal	187
identification and investigation shall conduct a criminal records	188
check. The superintendent shall conduct the criminal records check	189
in the manner described in division (B) of this section to	190
determine whether any information exists that indicates that the	191
person who is the subject of the request previously has been	192
convicted of or pleaded guilty to any of the following:	193

(b) An existing or former law of this state, any other state,	203
or the United States that is substantially equivalent to any of	204
the offenses listed in division (A)(6)(a) of this section.	205

(7) When conducting a criminal records check upon a request	206
pursuant to section 3319.39 of the Revised Code for an applicant	207
who is a teacher, in addition to the determination made under	208
division (A)(1) of this section, the superintendent shall	209
determine whether any information exists that indicates that the	210
person who is the subject of the request previously has been	211
convicted of or pleaded guilty to any offense specified in section	212
3319.31 of the Revised Code.	213

(8) On a request pursuant to section 2151.86 of the Revised	214
Code, a completed form prescribed pursuant to division (C)(1) of	215
this section, and a set of fingerprint impressions obtained in the	216
manner described in division (C)(2) of this section, the	217
superintendent of the bureau of criminal identification and	218
investigation shall conduct a criminal records check in the manner	219
described in division (B) of this section to determine whether any	220
information exists that indicates that the person who is the	221
subject of the request previously has been convicted of or pleaded	222
guilty to any of the following:	223

(9) When conducting a criminal records check on a request	244
pursuant to section 5104.013 of the Revised Code for a person who	245
is an owner, licensee, or administrator of a child day-care center	246
or type A family day-care home or an authorized provider of a	247
certified type B family day-care home, the superintendent, in	248
addition to the determination made under division (A)(1) of this	249
section, shall determine whether any information exists that	250
indicates that the person has been convicted of or pleaded guilty	251
to any of the following:	252

(a) A violation of section 2913.02, 2913.03, 2913.04,	253
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	254
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	255
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	256
2921.13, or 2923.01 of the Revised Code, a violation of section	257
2923.02 or 2923.03 of the Revised Code that relates to a crime	258
specified in this division or division (A)(1)(a) of this section,	259
or a second violation of section 4511.19 of the Revised Code	260
within five years of the date of application for licensure or	261
certification.	262

(b) A violation of an existing or former law of this state,	263
any other state, or the United States that is substantially	264
equivalent to any of the offenses or violations described in	265
division (A)(9)(a) of this section.	266

(10) On receipt of a request for a criminal records check	267
from an individual pursuant to section 4749.03 or 4749.06 of the	268
Revised Code, accompanied by a completed copy of the form	269
prescribed in division (C)(1) of this section and a set of	270
fingerprint impressions obtained in a manner described in division	271
(C)(2) of this section, the superintendent of the bureau of	272
criminal identification and investigation shall conduct a criminal	273
records check in the manner described in division (B) of this	274
section to determine whether any information exists indicating	275
that the person who is the subject of the request has been	276
convicted of or pleaded guilty to a felony in this state or in any	277
other state. If the individual indicates that a firearm will be	278
carried in the course of business, the superintendent shall	279
require information from the federal bureau of investigation as	280
described in division (B)(2) of this section. The superintendent	281
shall report the findings of the criminal records check and any	282
information the federal bureau of investigation provides to the	283
director of public safety.	284

(11) On receipt of a request pursuant to section 1322.03,	285
1322.031, 4763.05, or 4763.06 of the Revised Code, a completed	286
form prescribed pursuant to division (C)(1) of this section, and a	287
set of fingerprint impressions obtained in the manner described in	288
division (C)(2) of this section, the superintendent of the bureau	289
of criminal identification and investigation shall conduct a	290
criminal records check with respect to any person who has applied	291
for a license, permit, or certification from the department of	292
commerce or a division in the department. The superintendent shall	293
conduct the criminal records check in the manner described in	294
division (B) of this section to determine whether any information	295
exists that indicates that the person who is the subject of the	296
request previously has been convicted of or pleaded guilty to any	297
of the following: a violation of section 2913.02, 2913.11,	298
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	299
criminal offense involving theft, receiving stolen property,	300
embezzlement, forgery, fraud, passing bad checks, money	301
laundering, or drug trafficking; or any criminal offense involving	302
money or securities, as set forth in Chapters 2909., 2911., 2913.,	303
2915., 2921., 2923., and 2925. of the Revised Code; or any	304
existing or former law of this state, any other state, or the	305
United States that is substantially equivalent to those offenses.	306

(12) Not later than thirty days after the date the	307
superintendent receives the request, completed form, and	308
fingerprint impressions, the superintendent shall send the person,	309
board, or entity that made the request any information, other than	310
information the dissemination of which is prohibited by federal	311
law, the superintendent determines exists with respect to the	312
person who is the subject of the request that indicates that the	313
person previously has been convicted of or pleaded guilty to any	314
offense listed or described in division (A)(1), (2), (3), (4),	315
(5), (6), (7), (8), (9), or (10), or (11) of this section, as	316
appropriate. The superintendent shall send the person, board, or	317
entity that made the request a copy of the list of offenses	318
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	319
(9), or (10), or (11) of this section, as appropriate. If the	320
request was made under section 3701.881 of the Revised Code with	321
regard to an applicant who may be both responsible for the care,	322
custody, or control of a child and involved in providing direct	323
care to an older adult, the superintendent shall provide a list of	324
the offenses specified in divisions (A)(4) and (6) of this	325
section.	326

(B) The superintendent shall conduct any criminal records	327
check requested under section 121.08, 173.41, 1322.03, 1322.031,	328
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	329
3722.151, 4749.03, 4749.06, 4763.05, 4763.06, 5104.012, 5104.013,	330
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	331
Revised Code as follows:	332

(1) The superintendent shall review or cause to be reviewed	333
any relevant information gathered and compiled by the bureau under	334
division (A) of section 109.57 of the Revised Code that relates to	335
the person who is the subject of the request, including any	336
relevant information contained in records that have been sealed	337
under section 2953.32 of the Revised Code;	338

(2) If the request received by the superintendent asks for	339
information from the federal bureau of investigation, the	340
superintendent shall request from the federal bureau of	341
investigation any information it has with respect to the person	342
who is the subject of the request and shall review or cause to be	343
reviewed any information the superintendent receives from that	344
bureau.	345

(3) The superintendent or the superintendent's designee may	346
request criminal history records from other states or the federal	347
government pursuant to the national crime prevention and privacy	348
compact set forth in section 109.571 of the Revised Code.	349