Sub. S. B. No. 185 As Passed by the Senate

Senators Padgett, Schuring, Roberts, Carey, Amstutz, Armbruster, Brady, Dann, Fedor, Fingerhut, Grendell, Hagan, Harris, Jacobson, Miller, Prentiss, Spada, Zurz, Mumper, Clancy

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, 1322.10, 1322.11, 1322.99, 3
1345.01, 1345.09, 1349.31, 4735.05, 4763.03, 4
4763.05, 4763.06, 4763.12, 4763.13, and 4763.99 5
and to enact sections 1321.541, 1322.063, 6
1322.064, 1322.074, 1322.075, 1322.081, 1345.091, 7
1349.41, 1349.43, 1349.44, and 4763.19 of the 8
Revised Code to modify the application of, and 9
damages available under, the Consumer Sales 10
Practices Act; to generally prohibit the appraisal 11
of real estate for a mortgage loan without state 12
certification or licensure; to require that a 13
national criminal background check be conducted on 14
all applicants for a mortgage broker certificate 15
of registration, loan officer license, or real 16
estate appraiser certificate or license; to modify 17
the Mortgage Broker/Loan Officer Law with respect 18
to disclosure of information, fiduciary duties, 19
prohibited acts, record keeping, and pre-licensure 20
examination; and to make other changes relative to 21
mortgage lending. 22

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

       Section 1. That sections 109.572, 1322.03, 1322.031, 1322.04, 23
1322.041, 1322.051, 1322.06, 1322.061, 1322.062, 1322.07, 1322.10, 24
1322.11, 1322.99, 1345.01, 1345.09, 1349.31, 4735.05, 4763.03, 25
4763.05, 4763.06, 4763.12, 4763.13, and 4763.99 be amended and 26
sections 1321.541, 1322.063, 1322.064, 1322.074, 1322.075, 27
1322.081, 1345.091, 1349.41, 1349.43, 1349.44, and 4763.19 of the 28
Revised Code be enacted to read as follows: 29

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 30
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or 31
5153.111 of the Revised Code, a completed form prescribed pursuant 32
to division (C)(1) of this section, and a set of fingerprint 33
impressions obtained in the manner described in division (C)(2) of 34
this section, the superintendent of the bureau of criminal 35
identification and investigation shall conduct a criminal records 36
check in the manner described in division (B) of this section to 37
determine whether any information exists that indicates that the 38
person who is the subject of the request previously has been 39
convicted of or pleaded guilty to any of the following: 40

       (a) A violation of section 2903.01, 2903.02, 2903.03, 41
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 42
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 43
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 44
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 45
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 46
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 47
2925.06, or 3716.11 of the Revised Code, felonious sexual 48
penetration in violation of former section 2907.12 of the Revised 49
Code, a violation of section 2905.04 of the Revised Code as it 50
existed prior to July 1, 1996, a violation of section 2919.23 of 51
the Revised Code that would have been a violation of section 52
2905.04 of the Revised Code as it existed prior to July 1, 1996, 53
had the violation been committed prior to that date, or a 54
violation of section 2925.11 of the Revised Code that is not a 55
minor drug possession offense; 56

       (b) A violation of an existing or former law of this state, 57
any other state, or the United States that is substantially 58
equivalent to any of the offenses listed in division (A)(1)(a) of 59
this section. 60

       (2) On receipt of a request pursuant to section 5123.081 of 61
the Revised Code with respect to an applicant for employment in 62
any position with the department of mental retardation and 63
developmental disabilities, pursuant to section 5126.28 of the 64
Revised Code with respect to an applicant for employment in any 65
position with a county board of mental retardation and 66
developmental disabilities, or pursuant to section 5126.281 of the 67
Revised Code with respect to an applicant for employment in a 68
direct services position with an entity contracting with a county 69
board for employment, a completed form prescribed pursuant to 70
division (C)(1) of this section, and a set of fingerprint 71
impressions obtained in the manner described in division (C)(2) of 72
this section, the superintendent of the bureau of criminal 73
identification and investigation shall conduct a criminal records 74
check. The superintendent shall conduct the criminal records check 75
in the manner described in division (B) of this section to 76
determine whether any information exists that indicates that the 77
person who is the subject of the request has been convicted of or 78
pleaded guilty to any of the following: 79

       (a) A violation of section 2903.01, 2903.02, 2903.03, 80
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 81
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 82
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 83
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 84
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 85
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 86
2925.03, or 3716.11 of the Revised Code; 87

       (b) An existing or former municipal ordinance or law of this 88
state, any other state, or the United States that is substantially 89
equivalent to any of the offenses listed in division (A)(2)(a) of 90
this section. 91

       (3) On receipt of a request pursuant to section 173.41, 92
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed 93
form prescribed pursuant to division (C)(1) of this section, and a 94
set of fingerprint impressions obtained in the manner described in 95
division (C)(2) of this section, the superintendent of the bureau 96
of criminal identification and investigation shall conduct a 97
criminal records check with respect to any person who has applied 98
for employment in a position that involves providing direct care 99
to an older adult. The superintendent shall conduct the criminal 100
records check in the manner described in division (B) of this 101
section to determine whether any information exists that indicates 102
that the person who is the subject of the request previously has 103
been convicted of or pleaded guilty to any of the following: 104

       (a) A violation of section 2903.01, 2903.02, 2903.03, 105
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 106
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 107
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 108
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 109
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 110
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 111
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 112
2925.22, 2925.23, or 3716.11 of the Revised Code; 113

       (b) An existing or former law of this state, any other state, 114
or the United States that is substantially equivalent to any of 115
the offenses listed in division (A)(3)(a) of this section. 116

       (4) On receipt of a request pursuant to section 3701.881 of 117
the Revised Code with respect to an applicant for employment with 118
a home health agency as a person responsible for the care, 119
custody, or control of a child, a completed form prescribed 120
pursuant to division (C)(1) of this section, and a set of 121
fingerprint impressions obtained in the manner described in 122
division (C)(2) of this section, the superintendent of the bureau 123
of criminal identification and investigation shall conduct a 124
criminal records check. The superintendent shall conduct the 125
criminal records check in the manner described in division (B) of 126
this section to determine whether any information exists that 127
indicates that the person who is the subject of the request 128
previously has been convicted of or pleaded guilty to any of the 129
following: 130

       (a) A violation of section 2903.01, 2903.02, 2903.03, 131
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 132
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 133
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 134
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 135
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 136
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 137
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 138
violation of section 2925.11 of the Revised Code that is not a 139
minor drug possession offense; 140

       (b) An existing or former law of this state, any other state, 141
or the United States that is substantially equivalent to any of 142
the offenses listed in division (A)(4)(a) of this section. 143

       (5) On receipt of a request pursuant to section 5111.95 or 144
5111.96 of the Revised Code with respect to an applicant for 145
employment with a waiver agency participating in a department of 146
job and family services administered home and community-based 147
waiver program or an independent provider participating in a 148
department administered home and community-based waiver program in 149
a position that involves providing home and community-based waiver 150
services to consumers with disabilities, a completed form 151
prescribed pursuant to division (C)(1) of this section, and a set 152
of fingerprint impressions obtained in the manner described in 153
division (C)(2) of this section, the superintendent of the bureau 154
of criminal identification and investigation shall conduct a 155
criminal records check. The superintendent shall conduct the 156
criminal records check in the manner described in division (B) of 157
this section to determine whether any information exists that 158
indicates that the person who is the subject of the request 159
previously has been convicted of or pleaded guilty to any of the 160
following: 161

       (a) A violation of section 2903.01, 2903.02, 2903.03, 162
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 163
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 164
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 165
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 166
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 167
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 168
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 169
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 170
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the 171
Revised Code, felonious sexual penetration in violation of former 172
section 2907.12 of the Revised Code, a violation of section 173
2905.04 of the Revised Code as it existed prior to July 1, 1996, a 174
violation of section 2919.23 of the Revised Code that would have 175
been a violation of section 2905.04 of the Revised Code as it 176
existed prior to July 1, 1996, had the violation been committed 177
prior to that date; 178

       (b) An existing or former law of this state, any other state, 179
or the United States that is substantially equivalent to any of 180
the offenses listed in division (A)(5)(a) of this section. 181

       (6) On receipt of a request pursuant to section 3701.881 of 182
the Revised Code with respect to an applicant for employment with 183
a home health agency in a position that involves providing direct 184
care to an older adult, a completed form prescribed pursuant to 185
division (C)(1) of this section, and a set of fingerprint 186
impressions obtained in the manner described in division (C)(2) of 187
this section, the superintendent of the bureau of criminal 188
identification and investigation shall conduct a criminal records 189
check. The superintendent shall conduct the criminal records check 190
in the manner described in division (B) of this section to 191
determine whether any information exists that indicates that the 192
person who is the subject of the request previously has been 193
convicted of or pleaded guilty to any of the following: 194

       (a) A violation of section 2903.01, 2903.02, 2903.03, 195
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 196
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 197
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 198
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 199
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 200
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 201
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 202
2925.22, 2925.23, or 3716.11 of the Revised Code; 203

       (b) An existing or former law of this state, any other state, 204
or the United States that is substantially equivalent to any of 205
the offenses listed in division (A)(6)(a) of this section. 206

       (7) When conducting a criminal records check upon a request 207
pursuant to section 3319.39 of the Revised Code for an applicant 208
who is a teacher, in addition to the determination made under 209
division (A)(1) of this section, the superintendent shall 210
determine whether any information exists that indicates that the 211
person who is the subject of the request previously has been 212
convicted of or pleaded guilty to any offense specified in section 213
3319.31 of the Revised Code. 214

       (8) On a request pursuant to section 2151.86 of the Revised 215
Code, a completed form prescribed pursuant to division (C)(1) of 216
this section, and a set of fingerprint impressions obtained in the 217
manner described in division (C)(2) of this section, the 218
superintendent of the bureau of criminal identification and 219
investigation shall conduct a criminal records check in the manner 220
described in division (B) of this section to determine whether any 221
information exists that indicates that the person who is the 222
subject of the request previously has been convicted of or pleaded 223
guilty to any of the following: 224

       (a) A violation of section 2903.01, 2903.02, 2903.03, 225
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 226
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 227
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 228
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 229
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 230
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 231
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a 232
violation of section 2905.04 of the Revised Code as it existed 233
prior to July 1, 1996, a violation of section 2919.23 of the 234
Revised Code that would have been a violation of section 2905.04 235
of the Revised Code as it existed prior to July 1, 1996, had the 236
violation been committed prior to that date, a violation of 237
section 2925.11 of the Revised Code that is not a minor drug 238
possession offense, or felonious sexual penetration in violation 239
of former section 2907.12 of the Revised Code; 240

       (b) A violation of an existing or former law of this state, 241
any other state, or the United States that is substantially 242
equivalent to any of the offenses listed in division (A)(8)(a) of 243
this section. 244

       (9) When conducting a criminal records check on a request 245
pursuant to section 5104.013 of the Revised Code for a person who 246
is an owner, licensee, or administrator of a child day-care center 247
or type A family day-care home or an authorized provider of a 248
certified type B family day-care home, the superintendent, in 249
addition to the determination made under division (A)(1) of this 250
section, shall determine whether any information exists that 251
indicates that the person has been convicted of or pleaded guilty 252
to any of the following: 253

       (a) A violation of section 2913.02, 2913.03, 2913.04, 254
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 255
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 256
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 257
2921.13, or 2923.01 of the Revised Code, a violation of section 258
2923.02 or 2923.03 of the Revised Code that relates to a crime 259
specified in this division or division (A)(1)(a) of this section, 260
or a second violation of section 4511.19 of the Revised Code 261
within five years of the date of application for licensure or 262
certification. 263

       (b) A violation of an existing or former law of this state, 264
any other state, or the United States that is substantially 265
equivalent to any of the offenses or violations described in 266
division (A)(9)(a) of this section. 267

       (10) On receipt of a request for a criminal records check 268
from an individual pursuant to section 4749.03 or 4749.06 of the 269
Revised Code, accompanied by a completed copy of the form 270
prescribed in division (C)(1) of this section and a set of 271
fingerprint impressions obtained in a manner described in division 272
(C)(2) of this section, the superintendent of the bureau of 273
criminal identification and investigation shall conduct a criminal 274
records check in the manner described in division (B) of this 275
section to determine whether any information exists indicating 276
that the person who is the subject of the request has been 277
convicted of or pleaded guilty to a felony in this state or in any 278
other state. If the individual indicates that a firearm will be 279
carried in the course of business, the superintendent shall 280
require information from the federal bureau of investigation as 281
described in division (B)(2) of this section. The superintendent 282
shall report the findings of the criminal records check and any 283
information the federal bureau of investigation provides to the 284
director of public safety. 285

       (11) On receipt of a request pursuant to section 1322.03, 286
1322.031, or 4763.05 of the Revised Code, a completed form 287
prescribed pursuant to division (C)(1) of this section, and a set 288
of fingerprint impressions obtained in the manner described in 289
division (C)(2) of this section, the superintendent of the bureau 290
of criminal identification and investigation shall conduct a 291
criminal records check with respect to any person who has applied 292
for a license, permit, or certification from the department of 293
commerce or a division in the department. The superintendent shall 294
conduct the criminal records check in the manner described in 295
division (B) of this section to determine whether any information 296
exists that indicates that the person who is the subject of the 297
request previously has been convicted of or pleaded guilty to any 298
of the following: a violation of section 2913.02, 2913.11, 299
2913.31, 2913.51, or 2925.03 of the Revised Code; any other 300
criminal offense involving theft, receiving stolen property, 301
embezzlement, forgery, fraud, passing bad checks, money 302
laundering, or drug trafficking, or any criminal offense involving 303
money or securities, as set forth in Chapters 2909., 2911., 2913., 304
2915., 2921., 2923., and 2925. of the Revised Code; or any 305
existing or former law of this state, any other state, or the 306
United States that is substantially equivalent to those offenses. 307

       (12) Not later than thirty days after the date the 308
superintendent receives the request, completed form, and 309
fingerprint impressions, the superintendent shall send the person, 310
board, or entity that made the request any information, other than 311
information the dissemination of which is prohibited by federal 312
law, the superintendent determines exists with respect to the 313
person who is the subject of the request that indicates that the 314
person previously has been convicted of or pleaded guilty to any 315
offense listed or described in division (A)(1), (2), (3), (4), 316
(5), (6), (7), (8), (9), or (10), or (11) of this section, as 317
appropriate. The superintendent shall send the person, board, or 318
entity that made the request a copy of the list of offenses 319
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8), 320
(9), or (10), or (11) of this section, as appropriate. If the 321
request was made under section 3701.881 of the Revised Code with 322
regard to an applicant who may be both responsible for the care, 323
custody, or control of a child and involved in providing direct 324
care to an older adult, the superintendent shall provide a list of 325
the offenses specified in divisions (A)(4) and (6) of this 326
section. 327

       (B) The superintendent shall conduct any criminal records 328
check requested under section 121.08, 173.41, 1322.03, 1322.031, 329
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 330
3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 331
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 332
Code as follows: 333

       (1) The superintendent shall review or cause to be reviewed 334
any relevant information gathered and compiled by the bureau under 335
division (A) of section 109.57 of the Revised Code that relates to 336
the person who is the subject of the request, including any 337
relevant information contained in records that have been sealed 338
under section 2953.32 of the Revised Code; 339

       (2) If the request received by the superintendent asks for 340
information from the federal bureau of investigation, the 341
superintendent shall request from the federal bureau of 342
investigation any information it has with respect to the person 343
who is the subject of the request and shall review or cause to be 344
reviewed any information the superintendent receives from that 345
bureau. 346

        (3) The superintendent or the superintendent's designee may 347
request criminal history records from other states or the federal 348
government pursuant to the national crime prevention and privacy 349
compact set forth in section 109.571 of the Revised Code. 350

       (C)(1) The superintendent shall prescribe a form to obtain 351
the information necessary to conduct a criminal records check from 352
any person for whom a criminal records check is required by 353
section 121.08, 173.41, 1322.03, 1322.031, 2151.86, 3301.32, 354
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 355
4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 356
5126.28, 5126.281, or 5153.111 of the Revised Code. The form that 357
the superintendent prescribes pursuant to this division may be in 358
a tangible format, in an electronic format, or in both tangible 359
and electronic formats. 360

       (2) The superintendent shall prescribe standard impression 361
sheets to obtain the fingerprint impressions of any person for 362
whom a criminal records check is required by section 121.08, 363
173.41, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 364
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 365
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, 366
or 5153.111 of the Revised Code. Any person for whom a records 367
check is required by any of those sections shall obtain the 368
fingerprint impressions at a county sheriff's office, municipal 369
police department, or any other entity with the ability to make 370
fingerprint impressions on the standard impression sheets 371
prescribed by the superintendent. The office, department, or 372
entity may charge the person a reasonable fee for making the 373
impressions. The standard impression sheets the superintendent 374
prescribes pursuant to this division may be in a tangible format, 375
in an electronic format, or in both tangible and electronic 376
formats. 377

       (3) Subject to division (D) of this section, the 378
superintendent shall prescribe and charge a reasonable fee for 379
providing a criminal records check requested under section 121.08, 380
173.41, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 381
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 382
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, 383
or 5153.111 of the Revised Code. The person making a criminal 384
records request under section 121.08, 173.41, 1322.03, 1322.031, 385
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 386
3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95, 387
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 388
Code shall pay the fee prescribed pursuant to this division. A 389
person making a request under section 3701.881 of the Revised Code 390
for a criminal records check for an applicant who may be both 391
responsible for the care, custody, or control of a child and 392
involved in providing direct care to an older adult shall pay one 393
fee for the request. 394

       (4) The superintendent of the bureau of criminal 395
identification and investigation may prescribe methods of 396
forwarding fingerprint impressions and information necessary to 397
conduct a criminal records check, which methods shall include, but 398
not be limited to, an electronic method. 399

       (D) A determination whether any information exists that 400
indicates that a person previously has been convicted of or 401
pleaded guilty to any offense listed or described in division 402
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 403
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7)~~(a) or (b)~~, 404
(A)(8)(a) or (b), or (A)(9)(a) or (b), or (A)(11) of this section 405
that is made by the superintendent with respect to information 406
considered in a criminal records check in accordance with this 407
section is valid for the person who is the subject of the criminal 408
records check for a period of one year from the date upon which 409
the superintendent makes the determination. During the period in 410
which the determination in regard to a person is valid, if another 411
request under this section is made for a criminal records check 412
for that person, the superintendent shall provide the information 413
that is the basis for the superintendent's initial determination 414
at a lower fee than the fee prescribed for the initial criminal 415
records check. 416

       (E) As used in this section: 417

       (1) "Criminal records check" means any criminal records check 418
conducted by the superintendent of the bureau of criminal 419
identification and investigation in accordance with division (B) 420
of this section. 421

       (2) "Home and community-based waiver services" and "waiver 422
agency" have the same meanings as in section 5111.95 of the 423
Revised Code. 424

       (3) "Independent provider" has the same meaning as in section 425
5111.96 of the Revised Code. 426

       (4) "Minor drug possession offense" has the same meaning as 427
in section 2925.01 of the Revised Code. 428

       (5) "Older adult" means a person age sixty or older. 429

       Sec. 1321.541. (A) The attorney general may directly bring 430
an action to enjoin a violation of sections 1321.51 to 1321.60 of 431
the Revised Code with the same rights, privileges, and powers as 432
those described in section 1345.06 of the Revised Code. The 433
prosecuting attorney of the county in which the action may be 434
brought may bring an action to enjoin a violation of sections 435
1321.51 to 1321.60 of the Revised Code only if the prosecuting 436
attorney first presents any evidence of the violation to the 437
attorney general and, within a reasonable period of time, the 438
attorney general has not agreed to bring the action. 439

       (B)(1) The prosecuting attorney of the county in which an 440
alleged offense may be prosecuted may initiate criminal 441
proceedings under sections 1321.51 to 1321.60 of the Revised Code. 442

       (2) In order to initiate criminal proceedings under sections 443
1321.51 to 1321.60 of the Revised Code, the attorney general shall 444
first present any evidence of criminal violations to the 445
prosecuting attorney of the county in which the alleged offense 446
may be prosecuted. If, within a reasonable period of time, the 447
prosecuting attorney has not agreed to prosecute the violations, 448
the attorney general may proceed in the prosecution with all the 449
rights, privileges, and powers conferred by law on prosecuting 450
attorneys, including the power to appear before grand juries and 451
to interrogate witnesses before such grand juries. 452

       (C) These powers of the attorney general shall be in addition 453
to any other applicable powers of the attorney general. 454

       Sec. 1322.03. (A) An application for a certificate of 455
registration as a mortgage broker shall be in writing, under oath, 456
and in the form prescribed by the superintendent of financial 457
institutions. The application shall be accompanied by a 458
nonrefundable application fee of three hundred fifty dollars for 459
each location of an office to be maintained by the applicant in 460
accordance with division (A) of section 1322.02 of the Revised 461
Code; however, an applicant that is registered under sections 462
1321.51 to 1321.60 of the Revised Code shall not be required to 463
pay an application fee. The application shall provide all of the 464
following: 465

       (1) The location or locations where the business is to be 466
transacted and whether any location is a residence. If any 467
location where the business is to be transacted is a residence, 468
the application shall be accompanied by a certified copy of a 469
zoning permit authorizing the use of the residence for commercial 470
purposes, or shall be accompanied by a written opinion or other 471
document issued by the county or political subdivision where the 472
residence is located certifying that the use of the residence to 473
transact business as a mortgage broker is not prohibited by the 474
county or political subdivision. The application also shall be 475
accompanied by a photograph of each location at which the business 476
will be transacted. 477

       (2)(a) In the case of a sole proprietor, the name and address 478
of the sole proprietor; 479

       (b) In the case of a partnership, the name and address of 480
each partner; 481

       (c) In the case of a corporation, the name and address of 482
each shareholder owning five per cent or more of the corporation; 483

       (d) In the case of any other entity, the name and address of 484
any person that owns five per cent or more of the entity that will 485
transact business as a mortgage broker. 486

       (3) If the applicant is a partnership, corporation, limited 487
liability company, or any other business entity or association, 488
the applicant shall designate an employee or owner of the 489
applicant as the applicant's operations manager. While acting as 490
the operations manager, the employee or owner shall not be 491
employed by any other mortgage broker. 492

       (4) Evidence that the sole proprietor or the person 493
designated on the application pursuant to division (A)(3) of this 494
section, as applicable, possesses at least three years of 495
experience in the mortgage and lending field, which experience may 496
include employment with or as a mortgage broker or with a 497
financial institution, mortgage lending institution, or other 498
lending institution, or possesses at least three years of other 499
experience related specifically to the business of mortgage loans 500
that the superintendent determines meets the requirements of 501
division (A)(4) of this section; 502

       (5) Evidence of compliance with the surety bond requirements 503
of section 1322.05 of the Revised Code and with sections 1322.01 504
to 1322.12 of the Revised Code; 505

       (6) In the case of a foreign business entity, evidence that 506
it maintains a license or registration pursuant to Chapter 1703., 507
1705., 1775., 1777., 1782., or 1783. of the Revised Code to 508
transact business in this state; 509

       (7) A statement as to whether the applicant or, to the best 510
of the applicant's knowledge, any shareholder, member, partner, 511
operations manager, or employee of the applicant has been 512
convicted of or pleaded guilty to any criminal offense involving 513
theft, receiving stolen property, embezzlement, forgery, fraud, 514
passing bad checks, money laundering, or drug trafficking, or any 515
criminal offense involving money or securities; 516

       (8) A statement as to whether the applicant or, to the best 517
of the applicant's knowledge, any shareholder, member, partner, 518
operations manager, or employee of the applicant has been subject 519
to any adverse judgment for conversion, embezzlement, 520
misappropriation of funds, fraud, misfeasance or malfeasance, or 521
breach of fiduciary duty; 522

       (9) Evidence that the applicant's operations manager has 523
successfully completed the examination required under division (A) 524
of section 1322.051 of the Revised Code; 525

       (10) Any further information that the superintendent 526
requires. 527

       (B) Upon the filing of the application and payment of the 528
application fee, the superintendent of financial institutions 529
shall investigate the applicant as set forth in this division. ~~The~~ 530
~~investigation shall include~~ 531

       (1) The superintendent shall request the superintendent of 532
the bureau of criminal identification and investigation, or a 533
vendor approved by the bureau, to conduct a criminal records check 534
based on the applicant's fingerprints ~~of the applicant and~~in 535
accordance with division (A)(11) of section 109.572 of the Revised 536
Code. Notwithstanding division (J) of section 121.08 of the 537
Revised Code, the superintendent of financial institutions shall 538
request that criminal record information from the federal bureau 539
of investigation be obtained as part of the criminal records 540
check. Any fee required under division (C)(3) of section 109.572 541
of the Revised Code shall be paid by the applicant. 542

       (2) The superintendent shall conduct a civil records check. 543
~~If,~~ 544

       (3) If, in order to issue a certificate of registration to an 545
applicant, additional investigation by the superintendent outside 546
this state is necessary, the superintendent may require the 547
applicant to advance sufficient funds to pay the actual expenses 548
of the investigation, if it appears that these expenses will 549
exceed three hundred fifty dollars. The superintendent shall 550
provide the applicant with an itemized statement of the actual 551
expenses that the applicant is required to pay. 552

       (C) ~~All~~The superintendent shall pay all funds advanced and 553
application and renewal fees and penalties ~~paid to~~ the 554
superintendent ~~under~~receives pursuant to this section and section 555
1322.04 of the Revised Code ~~shall be paid by the superintendent~~ to 556
the treasurer of state to the credit of the consumer finance fund 557
created in section 1321.21 of the Revised Code. 558

       (D) If an application for a certificate of registration does 559
not contain all of the information required under division (A) of 560
this section, and if that information is not submitted to the 561
superintendent within ninety days after the superintendent 562
requests the information in writing, the superintendent may 563
consider the application withdrawn. 564

       (E) A certificate of registration~~, or~~and the authority 565
granted under ~~such a~~that certificate, is not transferable or 566
assignable and cannot be franchised by contract or any other 567
means. 568

       Sec. 1322.031. (A) An application for a license as a loan 569
officer shall be in writing, under oath, and in the form 570
prescribed by the superintendent of financial institutions. The 571
application shall be accompanied by a nonrefundable application 572
fee of one hundred dollars and shall provide all of the following: 573

       (1) The name and address of the applicant; 574

       (2) A statement as to whether the applicant has been 575
convicted of or pleaded guilty to any criminal offense involving 576
theft, receiving stolen property, embezzlement, forgery, fraud, 577
passing bad checks, money laundering, or drug trafficking, or any 578
criminal offense involving money or securities; 579

       (3) A statement as to whether the applicant has been subject 580
to an adverse judgment for conversion, embezzlement, 581
misappropriation of funds, fraud, misfeasance or malfeasance, or 582
breach of fiduciary duty; 583

       (4) Any further information that the superintendent requires. 584

       (B) Upon the filing of the application and payment of the 585
application fee, the superintendent of financial institutions 586
shall investigate the applicant as set forth in this division. ~~The~~ 587
~~investigation shall include~~ 588

       (1) The superintendent shall request the superintendent of 589
the bureau of criminal identification and investigation, or a 590
vendor approved by the bureau, to conduct a criminal records check 591
based on the applicant's fingerprints ~~of the applicant and~~in 592
accordance with division (A)(11) of section 109.572 of the Revised 593
Code. Notwithstanding division (J) of section 121.08 of the 594
Revised Code, the superintendent of financial institutions shall 595
request that criminal record information from the federal bureau 596
of investigation be obtained as part of the criminal records 597
check. Any fee required under division (C)(3) of section 109.572 598
of the Revised Code shall be paid by the applicant. 599

       (2) The superintendent shall conduct a civil records check. 600
~~If,~~ 601

       (3) If, in order to issue a license to an applicant, 602
additional investigation by the superintendent outside this state 603
is necessary, the superintendent may require the applicant to 604
advance sufficient funds to pay the actual expenses of the 605
investigation, if it appears that these expenses will exceed one 606
hundred dollars. The superintendent shall provide the applicant 607
with an itemized statement of the actual expenses that the 608
applicant is required to pay. 609

       (C) ~~All~~The superintendent shall pay all funds advanced and 610
application and renewal fees and penalties ~~paid to~~ the 611
superintendent ~~under~~receives pursuant to this section and section 612
1322.041 of the Revised Code ~~shall be paid by the superintendent~~ 613
to the treasurer of state to the credit of the consumer finance 614
fund created in section 1321.21 of the Revised Code. 615

       (D) If an application for a license does not contain all of 616
the information required under division (A) of this section, and 617
if that information is not submitted to the superintendent within 618
ninety days after the superintendent requests the information in 619
writing, the superintendent may consider the application 620
withdrawn. 621

       (E)(1) The business of a loan officer shall principally be 622
transacted at an office of the employing mortgage broker, which 623
office is registered in accordance with division (A) of section 624
1322.02 of the Revised Code. Each original license shall be 625
deposited with and maintained by the employing mortgage broker at 626
the mortgage broker's main office. A copy of the license shall be 627
maintained and displayed at the office where the loan officer 628
principally transacts business. 629

       (2) If a loan officer's employment is terminated, the 630
mortgage broker shall return the original license to the 631
superintendent within five business days after the termination. 632
The licensee may request the transfer of the license to another 633
mortgage broker by submitting a relocation application, along with 634
a fifteen dollar fee, to the superintendent or may request the 635
superintendent in writing to hold the license in escrow for a 636
period not to exceed one year. Any licensee whose license is held 637
in escrow shall cease activity as a loan officer. 638

       A mortgage broker may employ a loan officer on a temporary 639
basis pending the transfer of the loan officer's license to the 640
mortgage broker, if the mortgage broker receives written 641
confirmation from the superintendent that the loan officer is 642
licensed under sections 1322.01 to 1322.12 of the Revised Code. 643

       (F) A license, or the authority granted under ~~such a~~that 644
license, is not assignable and cannot be franchised by contract or 645
any other means. 646

       Sec. 1322.04. (A) Upon the conclusion of the investigation 647
required under division (B) of section 1322.03 of the Revised 648
Code, the superintendent of financial institutions shall issue a 649
certificate of registration to the applicant if the superintendent 650
finds that the following conditions are met: 651

       (1) Except as otherwise provided in division (A) of section 652
1322.03 of the ~~Revise~~Revised Code, the application is accompanied 653
by the application fee. If a check or other draft instrument is 654
returned to the superintendent for insufficient funds, the 655
superintendent shall notify the registrant by certified mail, 656
return receipt requested, that the certificate of registration 657
issued in reliance on the check or other draft instrument will be 658
canceled unless the registrant, within thirty days after receipt 659
of the notice, submits the application fee and a 660
one-hundred-dollar penalty to the superintendent. If the 661
registrant does not submit the application fee and penalty within 662
that time period, or if any check or other draft instrument used 663
to pay the fee or penalty is returned to the superintendent for 664
insufficient funds, the certificate of registration shall be 665
canceled immediately without a hearing, and the registrant shall 666
cease activity as a mortgage broker. 667

       (2) If the application is for a location that is a residence, 668
that the applicant has obtained a valid zoning permit authorizing 669
the use of the residence for commercial purposes, or has obtained 670
a valid written opinion or other document issued by the county or 671
political subdivision where the residence is located certifying 672
that the use of the residence to transact business as a mortgage 673
broker is not prohibited by the county or political subdivision. 674
The application also is accompanied by a photograph of each 675
location at which the mortgage broker's business will be 676
transacted. 677

       (3) The sole proprietor or the person designated on the 678
application pursuant to division (A)(3) of section 1322.03 of the 679
Revised Code, as applicable, meets the experience requirements 680
provided in division (A)(4) of section 1322.03 of the Revised 681
Code. 682

       (4) The applicant maintains all licenses and registrations 683
required by the secretary of state. 684

       (5) The applicant complies with the surety bond requirements 685
of section 1322.05 of the Revised Code. 686

       (6) The applicant complies with sections 1322.01 to 1322.12 687
of the Revised Code. 688

       (7) Neither the applicant nor any shareholder, member, 689
partner, operations manager, or employee of the applicant has 690
pleaded guilty to or been convicted of any criminal offense 691
described in division (A)(7) of section 1322.03 of the Revised 692
Code, or any violation of an existing or former law of this state, 693
any other state, or the United States that substantially is 694
equivalent to a criminal offense described in that division. 695
However, if the applicant or any of those other persons has 696
pleaded guilty to or been convicted of such an offense, the 697
superintendent shall not consider the offense if the applicant has 698
proven to the superintendent, by a preponderance of the evidence, 699
that the applicant's or other person's activities and employment 700
record since the conviction show that the applicant or other 701
person is honest, truthful, and of good reputation, and there is 702
no basis in fact for believing that the applicant or other person 703
will commit such an offense again. 704

       (8) Neither the applicant nor any shareholder, member, 705
partner, operations manager, or employee of the applicant has been 706
subject to any adverse judgment for conversion, embezzlement, 707
misappropriation of funds, fraud, misfeasance or malfeasance, or 708
breach of fiduciary duty, or, if the applicant or any of those 709
other persons has been subject to such a judgment, the applicant 710
has proven to the superintendent, by a preponderance of the 711
evidence, that the applicant's or other person's activities and 712
employment record since the judgment show that the applicant or 713
other person is honest, truthful, and of good reputation, and 714
there is no basis in fact for believing that the applicant or 715
other person will be subject to such a judgment again. 716

       (9) The applicant's operations manager successfully completed 717
the examination required under division (A) of section 1322.051 of 718
the Revised Code. 719

       (10) The applicant's financial responsibility, experience, 720
character, and general fitness command the confidence of the 721
public and warrant the belief that the business will be operated 722
honestly and fairly in compliance with the purposes of sections 723
1322.01 to 1322.12 of the Revised Code. 724

       For purposes of determining whether an applicant that is a 725
partnership, corporation, or other business entity or association 726
has met the conditions set forth in divisions (A)(7), (A)(8), and 727
(A)(10) of this section, the superintendent shall determine which 728
partners, shareholders, or persons named in the application 729
pursuant to division (A)(2) of section 1322.03 of the Revised Code 730
must meet the conditions set forth in divisions (A)(7), (A)(8), 731
and (A)(10) of this section. This determination shall be based on 732
the extent and nature of the partner's, shareholder's, or person's 733
ownership interest in the partnership, corporation, or other 734
business entity or association that is the applicant. 735

       (B) The certificate of registration issued pursuant to 736
division (A) of this section may be renewed annually on or before 737
the thirtieth day of April if the superintendent finds that all of 738
the following conditions are met: 739

       (1) The renewal application is accompanied by a nonrefundable 740
renewal fee of three hundred fifty dollars for each location of an 741
office to be maintained by the applicant in accordance with 742
division (A) of section 1322.02 of the Revised Code; however, an 743
applicant that is registered under sections 1321.51 to 1321.60 of 744
the Revised Code shall not be required to pay a renewal fee. If a 745
check or other draft instrument is returned to the superintendent 746
for insufficient funds, the superintendent shall notify the 747
registrant by certified mail, return receipt requested, that the 748
certificate of registration renewed in reliance on the check or 749
other draft instrument will be canceled unless the registrant, 750
within thirty days after receipt of the notice, submits the 751
renewal fee and a one-hundred-dollar penalty to the 752
superintendent. If the registrant does not submit the renewal fee 753
and penalty within that time period, or if any check or other 754
draft instrument used to pay the fee or penalty is returned to the 755
superintendent for insufficient funds, the certificate of 756
registration shall be canceled immediately without a hearing and 757
the registrant shall cease activity as a mortgage broker. 758

       (2) On and after January 1, 2003, the operations manager 759
designated under division (A)(3) of section 1322.03 of the Revised 760
Code has completed, during the immediately preceding calendar 761
year, at least six hours of continuing education as required under 762
section 1322.052 of the Revised Code. 763

       (3) The applicant meets the conditions set forth in divisions 764
(A)(2) to (10) of this section. 765

       (4) The applicant's certificate of registration is not 766
subject to an order of suspension or revocation by the 767
superintendent. 768

       (C)(1) Subject to division (C)(2) of this section, if a 769
renewal fee is received by the superintendent after the thirtieth 770
day of April, the certificate of registration shall not be 771
considered renewed, and the applicant shall cease activity as a 772
mortgage broker and apply for a certificate of registration as a 773
mortgage broker. 774

       (2) Division (C)(1) of this section shall not apply if the 775
applicant, no later than the thirty-first day of May, submits the 776
renewal fee and a one-hundred-dollar penalty to the 777
superintendent. 778

       (D) If the person designated as the operations manager 779
pursuant to division (A)(3) of section 1322.03 of the Revised Code 780
is no longer the operations manager, the registrant shall do all 781
of the following: 782

       (1) Designate another person as the operations manager; 783

       (2) Within ten days after the designation described in 784
division (D)(1) of this section, notify the superintendent in 785
writing of the designation; 786

       (3) Submit any additional information that the superintendent 787
requires to establish that the newly designated operations manager 788
complies with the experience requirements set forth in division 789
(A)(4) of section 1322.03 of the Revised Code. 790

       Sec. 1322.041. (A) Upon the conclusion of the investigation 791
required under division (B) of section 1322.031 of the Revised 792
Code, the superintendent of financial institutions shall issue a 793
loan officer license to the applicant if the superintendent finds 794
that the following conditions are met: 795

       (1) The application is accompanied by the application fee. If 796
a check or other draft instrument is returned to the 797
superintendent for insufficient funds, the superintendent shall 798
notify the licensee by certified mail, return receipt requested, 799
that the license issued in reliance on the check or other draft 800
instrument will be canceled unless the licensee, within thirty 801
days after receipt of the notice, submits the application fee and 802
a one-hundred-dollar penalty to the superintendent. If the 803
licensee does not submit the application fee and penalty within 804
that time period, or if any check or other draft instrument used 805
to pay the fee or penalty is returned to the superintendent for 806
insufficient funds, the license shall be canceled immediately 807
without a hearing, and the licensee shall cease activity as a loan 808
officer. 809

       (2) The applicant complies with sections 1322.01 to 1322.12 810
of the Revised Code. 811

       (3) The applicant has not been convicted of or pleaded guilty 812
to any criminal offense described in division (A)(2) of section 813
1322.031 of the Revised Code~~, or~~and the applicant has not pleaded 814
guilty to or been convicted of a violation of an existing or 815
former law of this state, any other state, or the United States 816
that substantially is equivalent to a criminal offense described 817
in that division. However, if the applicant has been convicted of 818
or pleaded guilty to such an offense, the superintendent shall not 819
consider the offense if the applicant has proven to the 820
superintendent, by a preponderance of the evidence, that the 821
applicant's activities and employment record since the conviction 822
show that the applicant is honest, truthful, and of good 823
reputation, and there is no basis in fact for believing that the 824
applicant will commit such an offense again. 825

       (4) The applicant has not been subject to an adverse judgment 826
for conversion, embezzlement, misappropriation of funds, fraud, 827
misfeasance or malfeasance, or breach of fiduciary duty, or, if 828
the applicant has been subject to such a judgment, the applicant 829
has proven to the superintendent, by a preponderance of the 830
evidence, that the applicant's activities and employment record 831
since the judgment show that the applicant is honest, truthful, 832
and of good reputation, and there is no basis in fact for 833
believing that the applicant will be subject to such a judgment 834
again. 835

       (5) The applicant successfully completed the examination 836
required under division (B) of section 1322.051 of the Revised 837
Code. 838

       (6) The applicant's character and general fitness command the 839
confidence of the public and warrant the belief that the business 840
will be operated honestly and fairly in compliance with the 841
purposes of sections 1322.01 to 1322.12 of the Revised Code. 842

       (B) The license issued under division (A) of this section may 843
be renewed annually on or before the thirtieth day of April if the 844
superintendent finds that all of the following conditions are met: 845

       (1) The renewal application is accompanied by a nonrefundable 846
renewal fee of one hundred dollars. If a check or other draft 847
instrument is returned to the superintendent for insufficient 848
funds, the superintendent shall notify the licensee by certified 849
mail, return receipt requested, that the license renewed in 850
reliance on the check or other draft instrument will be canceled 851
unless the licensee, within thirty days after receipt of the 852
notice, submits the renewal fee and a one-hundred-dollar penalty 853
to the superintendent. If the licensee does not submit the renewal 854
fee and penalty within that time period, or if any check or other 855
draft instrument used to pay the fee or penalty is returned to the 856
superintendent for insufficient funds, the license shall be 857
canceled immediately without a hearing, and the licensee shall 858
cease activity as a loan officer. 859

       (2) On and after January 1, 2003, the loan officer has 860
completed, during the immediately preceding calendar year, at 861
least six hours of continuing education as required under section 862
1322.052 of the Revised Code. 863

       (3) The applicant meets the conditions set forth in divisions 864
(A)(2) to ~~(5)~~(6) of this section. 865

       (4) The applicant's license is not subject to an order of 866
suspension or revocation by the superintendent. 867

       (C)(1) Subject to division (C)(2) of this section, if a 868
license renewal application or renewal fee is received by the 869
superintendent after the thirtieth day of April, the license shall 870
not be considered renewed, and the applicant shall cease activity 871
as a loan officer. 872

       (2) Division (C)(1) of this section shall not apply if the 873
applicant, no later than the thirty-first day of May, submits the 874
renewal application and fee and a one-hundred-dollar penalty to 875
the superintendent. 876

       Sec. 1322.051. (A) Each person designated under division 877
(A)(3) of section 1322.03 of the Revised Code to act as operations 878
manager for a mortgage broker business shall submit to an 879
examination approved by the superintendent of financial 880
institutions. 881

       (B) Each ~~licensee, within ninety days after the original~~ 882
~~issuance of the~~applicant for a loan officer license, shall 883
~~successfully complete~~submit to an examination approved by the 884
superintendent. ~~Failure to comply with this division results in~~ 885
~~the termination of the license by operation of law.~~ 886

       Sec. 1322.06. (A) As often as the superintendent of 887
financial institutions considers it necessary, the superintendent 888
may examine the registrant's records pertaining to business 889
transacted pursuant to sections 1322.01 to 1322.12 of the Revised 890
Code. 891

       (B) A registrant shall maintain records pertaining to 892
business transacted pursuant to sections 1322.01 to 1322.12 of the 893
Revised Code, including copies of all mortgage loan origination 894
disclosure statements prepared in accordance with section 1322.062 895
of the Revised Code, for four years. No registrant shall fail to 896
comply with this division. 897

       Sec. 1322.061. (A)(1) The following information is privileged 898
and confidential: 899

       (a) Examination information, and any information leading to 900
or arising from an examination; 901

       (b) Investigation information, and any information arising 902
from or leading to an investigation. 903

       (2) The information described in division (A)(1) of this 904
section shall remain privileged and confidential for all purposes 905
except when it is necessary for the superintendent of financial 906
institutions to take official action regarding the affairs of a 907
registrant or licensee, or in connection with criminal 908
proceedings. This information may also be introduced into evidence 909
or disclosed when and in the manner authorized by section 1181.25 910
of the Revised Code. 911

       (B) All application information, except social security 912
numbers, employer identification numbers, financial account 913
numbers, the identity of the institution where financial accounts 914
are maintained, personal financial information, fingerprint cards 915
and the information contained on such cards, and criminal 916
background information, is a public record as defined in section 917
149.43 of the Revised Code. 918

       (C) This section does not prevent the division of financial 919
institutions from releasing to or exchanging with other financial 920
institution regulatory authorities information relating to 921
registrants and licensees. For this purpose, a "financial 922
institution regulatory authority" includes a regulator of a 923
business activity in which a registrant or licensee is engaged, or 924
has applied to engage in, to the extent that the regulator has 925
jurisdiction over a registrant or licensee engaged in that 926
business activity. A registrant or licensee is engaged in a 927
business activity, and a regulator of that business activity has 928
jurisdiction over the registrant or licensee, whether the 929
registrant or licensee conducts the activity directly or a 930
subsidiary or affiliate of the registrant or licensee conducts the 931
activity. 932

       (D) This section does not prevent the division from releasing 933
information relating to registrants and licensees to the attorney 934
general ~~for purposes relating to the attorney general's~~ 935
~~administration of Chapter 1345. of the Revised Code~~, to the 936
superintendent of real estate and professional licensing for 937
purposes relating to the administration of Chapters 4735. and 938
4763. of the Revised Code, to the superintendent of insurance for 939
purposes relating to the administration of Chapter 3953. of the 940
Revised Code, or to local law enforcement agencies and local 941
prosecutors. Information the division releases ~~to the attorney~~ 942
~~general~~ pursuant to this section remains ~~privileged and~~ 943
confidential~~, and the attorney general may not disclose the~~ 944
~~information or introduce the information into evidence unless the~~ 945
~~superintendent authorizes the disclosure or introduction into~~ 946
~~evidence in connection with the attorney general's administration~~ 947
~~of Chapter 1345. of the Revised Code~~. 948

       Sec. 1322.062. (A)(1) Within three business days after taking 949
an application for a loan from a buyer, a registrant shall deliver 950
to the buyer a mortgage loan origination disclosure statement that 951
contains all of the following: 952

       (a) The name, address, and telephone number of the buyer; 953

       (b) The typewritten name of the loan officer and the number 954
designated on the loan officer's license; 955

       (c) The street address, telephone number, and facsimile 956
number of the registrant and the number designated on the 957
registrant's certificate of registration; 958

       (d) The signature of the loan officer or registrant; 959

       (e) A statement indicating whether the buyer is to pay for 960
the services of a bona fide third party if the registrant is 961
unable to assist the buyer in obtaining a mortgage; 962

       (f) A statement that describes the method by which the fee to 963
be paid by the buyer to the registrant will be calculated and a 964
good faith estimate of the total amount of that fee; 965

       (g) A statement that the lender may pay compensation to the 966
registrant; 967

       (h) A description of all the services the registrant has 968
agreed to perform for the buyer; 969

       (i) A statement that the buyer has not entered into an 970
exclusive agreement for brokerage services; 971

       (j) If the loan applied for will exceed ninety per cent of 972
the value of the real property, a statement, printed in boldface 973
type of the minimum size of sixteen points, as follows: "You are 974
applying for a loan that is more than 90% of your home's value. It 975
will be hard for you to refinance this loan. If you sell your 976
home, you might owe more money on the loan than you get from the 977
sale." 978

       (k) To acknowledge receipt, the signature of the buyer. 979

       (2) If the loan is a covered loan as defined in section 980
1349.25 of the Revised Code, the registrant shall also deliver a 981
copy of the mortgage loan origination disclosure statement to the 982
lender. 983

       (B)(1) If there is any change in the information provided 984
under division (A)(1)~~(f) or (h)~~ of this section, the registrant 985
shall provide the buyer with the revised mortgage loan origination 986
disclosure statement and a written explanation of why the change 987
occurred no later than ~~three days~~twenty-four hours after the 988
change occurs, or ~~the date~~twenty-four hours before the loan is 989
closed, whichever is earlier. 990

       (2) If an increase in the total amount of the fee to be paid 991
by the buyer to the registrant is not disclosed in accordance with 992
division (B)(1) of this section, the registrant shall refund to 993
the buyer the amount by which the fee exceeds the amount 994
previously estimated under division (A)(1)(f) of this section. If 995
the fee is financed into the loan, the registrant shall also 996
refund to the buyer the interest that would accrue over the term 997
of the loan on that excess amount. 998

       (C) No registrant shall fail to comply with this section. 999

       Sec. 1322.063. (A) In addition to the disclosures required 1000
under section 1322.062 of the Revised Code, a registrant shall, 1001
not later than twenty-four hours before a loan is closed, deliver 1002
to the buyer a written disclosure that includes the following: 1003

       (1) A statement indicating whether property taxes will be 1004
escrowed; 1005

       (2) A description of what is covered by the regular monthly 1006
payment, including principal, interest, taxes, and insurance, as 1007
applicable. 1008

       (B) No registrant shall fail to comply with this section. 1009

       Sec. 1322.064. (A) No registrant or licensee shall fail to do 1010
either of the following: 1011

       (1) Timely inform the buyer of any material change in the 1012
terms of the loan. For purposes of division (A)(1) of this 1013
section, "material change" means the following: 1014

       (a) A change in the type of loan being offered, such as a 1015
fixed or variable rate loan or a loan with a balloon payment; 1016

       (b) A change in the term of the loan, as reflected in the 1017
number of monthly payments due before a final payment is scheduled 1018
to be made; 1019

       (c) A change in the interest rate of more than 0.15%; 1020

       (d) A change in the regular monthly payment of principal and 1021
interest of more than five per cent; 1022

       (e) A change regarding the escrow of taxes or insurance; 1023

       (f) A change regarding the payment of private mortgage 1024
insurance. 1025

       (2) Timely inform the buyer if the estimated cash out 1026
available to the buyer changes by more than ten per cent. 1027

       (B) The disclosures required by this section shall be deemed 1028
timely if the registrant provides the buyer with the revised 1029
information not later than twenty-four hours after the change 1030
occurs, or twenty-four hours before the loan is closed, whichever 1031
is earlier. 1032

       Sec. 1322.07. No mortgage broker, registrant, licensee, or 1033
applicant for a certificate of registration or license under 1034
sections 1322.01 to 1322.12 of the Revised Code shall do any of 1035
the following: 1036

       (A) Obtain a certificate of registration or license through 1037
any false or fraudulent representation of a material fact or any 1038
omission of a material fact required by state law, or make any 1039
substantial misrepresentation in any registration or license 1040
application; 1041

       (B) Make false or misleading statements of a material fact, 1042
omissions of statements required by state law, or false promises 1043
regarding a material fact, through advertising or other means, or 1044
engage in a continued course of misrepresentations; 1045

       (C) Engage in conduct that constitutes improper, fraudulent, 1046
or dishonest dealings; 1047

       (D) Fail to notify the division of financial institutions 1048
within thirty days after the registrant, licensee, or applicant, 1049
in a court of competent jurisdiction of this state or any other 1050
state, is convicted of or pleads guilty to any criminal offense 1051
involving theft, receiving stolen property, embezzlement, forgery, 1052
fraud, passing bad checks, money laundering, or drug trafficking, 1053
or any criminal offense involving money or securities; 1054

       (E) Knowingly make, propose, or solicit fraudulent, false, or 1055
misleading statements on any mortgage document or on any document 1056
related to a mortgage, including a mortgage application, real 1057
estate appraisal, or real estate settlement or closing document. 1058
For purposes of this division, "fraudulent, false, or misleading 1059
statements" does not include mathematical errors, inadvertent 1060
transposition of numbers, typographical errors, or any other bona 1061
fide error. 1062

       (F) Knowingly instruct, solicit, propose, or otherwise cause 1063
a buyer to sign in blank a mortgage related document; 1064

       (G) Knowingly compensate, instruct, induce, coerce, or 1065
intimidate, or attempt to compensate, instruct, induce, coerce, or 1066
intimidate, a person licensed or certified under Chapter 4763. of 1067
the Revised Code for the purpose of corrupting or improperly 1068
influencing the independent judgment of the person with respect to 1069
the value of the dwelling offered as security for repayment of a 1070
mortgage loan; 1071

       (H) Promise to refinance a loan in the future at a lower 1072
interest rate or with more favorable terms, unless the promise is 1073
set forth in writing and is initialed by the buyer. 1074

       Sec. 1322.074. (A) As used in this section and section 1075
1322.075 of the Revised Code: 1076

       (1) "Appraisal company" means a sole proprietorship, 1077
partnership, corporation, limited liability company, or any other 1078
business entity or association, that employs or retains the 1079
services of a person licensed or certified under Chapter 4763. of 1080
the Revised Code for purposes of performing residential real 1081
estate appraisals for mortgage loans. 1082

       (2) "Immediate family" means a spouse residing in the 1083
person's household and any dependent child. 1084

       (3) "Title insurance," "the business of title insurance," 1085
"title insurance company," and "title insurance agent" have the 1086
same meanings as in section 3953.01 of the Revised Code. 1087

       (B) Except as otherwise provided in division (C) of this 1088
section, no registrant, or any member of the registrant's 1089
immediate family, shall own or control a majority interest in a 1090
title insurance company or an appraisal company. 1091

       (C) Division (B) of this section shall not apply to any 1092
registrant, or any member of the registrant's immediate family, 1093
who, on the effective date of this section, owns or controls a 1094
majority interest in a title insurance company or an appraisal 1095
company. However, such ownership or control is subject to the 1096
following conditions: 1097

       (1) The registrant and members of the registrant's immediate 1098
family shall not increase their interest in the company. 1099

       (2) The interest is not transferable to a member of the 1100
registrant's immediate family. 1101

       (3) If the registrant is convicted of or pleads guilty to a 1102
criminal violation of sections 1322.01 to 1322.12 of the Revised 1103
Code or any criminal offense described in division (A)(1)(b) of 1104
section 1322.10 of the Revised Code, the superintendent of 1105
financial institutions may, as an alternative to any of the 1106
actions authorized under section 1322.10 of the Revised Code, 1107
order the registrant or members of the registrant's immediate 1108
family to divest their interest in the company. 1109

       Sec. 1322.075. (A) No registrant or licensee shall refer a 1110
buyer to a title insurance company or title insurance agent for 1111
title insurance, the business of title insurance, or other title 1112
insurance services or products, or to an appraisal company, if the 1113
registrant or licensee, or a member of the registrant's or 1114
licensee's immediate family, has either of the following financial 1115
relationships with the title insurance company, title insurance 1116
agent, or appraisal company: 1117

       (1) An ownership or investment interest in the company or 1118
agent, whether through debt, equity, or other means; 1119

       (2) Any compensation arrangement involving any remuneration, 1120
directly or indirectly, overtly or covertly, in cash or in kind. 1121

       (B) No registrant or licensee shall knowingly enter into an 1122
arrangement or scheme, including a cross-referral arrangement, 1123
that has a principal purpose of assuring referrals by a registrant 1124
or licensee to a particular title insurance company, title 1125
insurance agent, or appraisal company that would violate division 1126
(A) of this section. 1127

       Sec. 1322.081. (A) With respect to a mortgage loan 1128
transaction, both the registrant and the licensee shall be a 1129
fiduciary of the buyer and shall use their best efforts to further 1130
the interest of the buyer, including complying with the reasonable 1131
and lawful instructions of the buyer and acting with reasonable 1132
care, skill, and diligence on behalf of the buyer. 1133

       (B) The duty created by this section shall not be waived or 1134
modified. 1135

       Sec. 1322.10. (A) After notice and opportunity for a hearing 1136
conducted in accordance with Chapter 119. of the Revised Code, the 1137
superintendent of financial institutions may do the following: 1138

       (1) Suspend, revoke, or refuse to issue or renew a 1139
certificate of registration or license if the superintendent finds 1140
either of the following: 1141

       (a) A violation of or failure to comply with any provision of 1142
sections 1322.01 to 1322.12 of the Revised Code or the rules 1143
adopted under those sections or any other law applicable to the 1144
business conducted under a certificate of registration; 1145

       (b) A conviction of or guilty plea to any criminal offense 1146
involving theft, receiving stolen property, embezzlement, forgery, 1147
fraud, passing bad checks, money laundering, or drug trafficking, 1148
or any criminal offense involving money or securities. 1149

       (2) Impose a fine of not more than one thousand dollars, for 1150
each day a violation of a law or rule is committed, repeated, or 1151
continued. If the registrant or licensee engages in a pattern of 1152
repeated violations of a law or rule, the superintendent may 1153
impose a fine of not more than two thousand dollars for each day 1154
the violation is committed, repeated, or continued. All fines 1155
collected pursuant to this division shall be paid to the treasurer 1156
of state to the credit of the consumer finance fund created in 1157
section 1321.21 of the Revised Code. In determining the amount of 1158
a fine to be imposed pursuant to this division, the superintendent 1159
shall consider all of the following: 1160

       (a) The seriousness of the violation; 1161

       (b) The registrant's or licensee's good faith efforts to 1162
prevent the violation; 1163

       (c) The registrant's or licensee's history regarding 1164
violations and compliance with division orders; 1165

       (d) The registrant's or licensee's financial resources; 1166

       (e) Any other matters the superintendent considers 1167
appropriate in enforcing sections 1322.01 to 1322.12 of the 1168
Revised Code. 1169

       (B) The superintendent may investigate alleged violations of 1170
sections 1322.01 to 1322.12 of the Revised Code or the rules 1171
adopted under those sections or complaints concerning any such 1172
violation. The superintendent may make application to the court 1173
of common pleas for an order enjoining any such violation, and, 1174
upon a showing by the superintendent that a person has committed 1175
or is about to commit such a violation, the court shall grant an 1176
injunction, restraining order, or other appropriate relief. 1177

       (C) In conducting any investigation pursuant to this section, 1178
the superintendent may compel, by subpoena, witnesses to testify 1179
in relation to any matter over which the superintendent has 1180
jurisdiction and may require the production of any book, record, 1181
or other document pertaining to that matter. If a person fails to 1182
file any statement or report, obey any subpoena, give testimony, 1183
produce any book, record, or other document as required by a 1184
subpoena, or permit photocopying of any book, record, or other 1185
document subpoenaed, the court of common pleas of any county in 1186
this state, upon application made to it by the superintendent, 1187
shall compel obedience by attachment proceedings for contempt, as 1188
in the case of disobedience of the requirements of a subpoena 1189
issued from the court or a refusal to testify therein. 1190

       (D) If the superintendent determines that a person is engaged 1191
in or is believed to be engaged in activities that may constitute 1192
a violation of sections 1322.01 to 1322.12 of the Revised Code, 1193
the superintendent, after notice and a hearing conducted in 1194
accordance with Chapter 119. of the Revised Code, may issue a 1195
cease and desist order. Such an order shall be enforceable in the 1196
court of common pleas. 1197

       (E) If the superintendent revokes the certificate of 1198
registration or license of a registrant or licensee who is 1199
convicted of or pleads guilty to a criminal violation of any 1200
provision of sections 1322.01 to 1322.12 of the Revised Code or 1201
any criminal offense described in division (A)(1)(b) of this 1202
section, the revocation shall be permanent. 1203

       (F)(1) To protect the public interest, the superintendent 1204
may, without a prior hearing, do either of the following: 1205

       (a) Suspend the certificate of registration or license of a 1206
registrant or licensee who is convicted of or pleads guilty to a 1207
criminal violation of any provision of sections 1322.01 to 1322.12 1208
of the Revised Code or any criminal offense described in division 1209
(A)(1)(b) of this section; 1210

       (b) Suspend the certificate of registration of a registrant 1211
who violates division (F) of section 1322.05 of the Revised Code. 1212

       (2) The superintendent may, in accordance with Chapter 119. 1213
of the Revised Code, subsequently revoke any registration or 1214
license suspended under division (F)(1) of this section. 1215

       Sec. 1322.11. (A)(1) A buyer injured by a violation of 1216
section 1322.02, 1322.062, 1322.063, 1322.064, 1322.07, 1322.071, 1217
1322.08, or 1322.09 of the Revised Code may bring an action for 1218
recovery of damages. 1219

       (2) Damages awarded under division (A)(1) of this section 1220
shall not be less than the amount paid by the buyer to the 1221
mortgage broker, plus reasonable attorney's fees and court costs. 1222

       (3) The buyer may be awarded punitive damages. 1223

       (B)(1) The superintendent of financial institutions~~, the~~ 1224
~~attorney general,~~ or a buyer may directly bring an action to 1225
enjoin a violation of sections 1322.01 to 1322.12 of the Revised 1226
Code. The attorney general may directly bring an action to enjoin 1227
a violation of sections 1322.01 to 1322.12 of the Revised Code 1228
with the same rights, privileges, and powers as those described in 1229
section 1345.06 of the Revised Code. The prosecuting attorney of 1230
the county in which the action may be brought may bring an action 1231
to enjoin a violation of sections 1322.01 to 1322.12 of the 1232
Revised Code only if the prosecuting attorney first presents any 1233
evidence of the violation to the attorney general and, within a 1234
reasonable period of time, the attorney general has not agreed to 1235
bring the action. 1236

       (2) The superintendent may initiate criminal proceedings 1237
under sections 1322.01 to 1322.12 of the Revised Code by 1238
presenting any evidence of criminal violation to the prosecuting 1239
attorney of the county in which the offense may be prosecuted. If 1240
the prosecuting attorney does not prosecute the violations, or at 1241
the request of the prosecuting attorney, the superintendent shall 1242
present any evidence of criminal violations to the attorney 1243
general, who may proceed in the prosecution with all the rights, 1244
privileges, and powers conferred by law on prosecuting attorneys, 1245
including the power to appear before grand juries and to 1246
interrogate witnesses before such grand juries. These powers of 1247
the attorney general shall be in addition to any other applicable 1248
powers of the attorney general. 1249

       (3) The prosecuting attorney of the county in which an 1250
alleged offense may be prosecuted may initiate criminal 1251
proceedings under sections 1322.01 to 1322.12 of the Revised Code. 1252

       (4) In order to initiate criminal proceedings under sections 1253
1322.01 to 1322.12 of the Revised Code, the attorney general shall 1254
first present any evidence of criminal violations to the 1255
prosecuting attorney of the county in which the alleged offense 1256
may be prosecuted. If, within a reasonable period of time, the 1257
prosecuting attorney has not agreed to prosecute the violations, 1258
the attorney general may proceed in the prosecution with all the 1259
rights, privileges, and powers described in division (B)(2) of 1260
this section. 1261

       (5) When a judgment under this section becomes final, the 1262
clerk of court shall mail a copy of the judgment, including 1263
supporting opinions, to the superintendent. 1264

       (C) The remedies provided by this section are in addition to 1265
any other remedy provided by law. 1266

       (D) In any proceeding or action brought under sections 1267
1322.01 to 1322.12 of the Revised Code, the burden of proving an 1268
exemption under those sections is on the person claiming the 1269
benefit of the exemption. 1270

       (E) No person shall be deemed to violate sections 1322.01 to 1271
1322.12 of the Revised Code with respect to any act taken or 1272
omission made in reliance on a written notice, written 1273
interpretation, or written report from the superintendent, unless 1274
there is a subsequent amendment to those sections, or rules 1275
promulgated thereunder, that affects the superintendent's notice, 1276
interpretation, or report. 1277

       (F) Upon disbursement of mortgage loan proceeds to or on 1278
behalf of the buyer, the registrant that assisted the buyer to 1279
obtain the mortgage loan is deemed to have completed the 1280
performance of the registrant's services for the buyer and owes no 1281
additional duties or obligations to the buyer with respect to the 1282
mortgage loan. However, nothing in this division shall be 1283
construed to limit or preclude the civil or criminal liability of 1284
a registrant for failing to comply with sections 1322.01 to 1285
1322.12 of the Revised Code or any rule adopted under those 1286
sections, for failing to comply with any provision of or duty 1287
arising under an agreement with a buyer or lender under sections 1288
1322.01 to 1322.12 of the Revised Code, or for violating any other 1289
provision of state or federal law. 1290

       Sec. 1322.99. (A) Whoever violates division (A)(1) or (2) of 1291
section 1322.02, division (E) or, (F), or (G) of section 1322.07, 1292
division (B)(1) or (2) of section 1322.071, or section 1322.08 of 1293
the Revised Code is guilty of a felony of the fifth degree. 1294

       (B) Whoever violates division (B)(3) of section 1322.071 of 1295
the Revised Code is guilty of a felony of the fourth degree. 1296

       (C) Whoever violates division (B) of section 1322.02 of the 1297
Revised Code is guilty of a misdemeanor of the first degree. 1298

       Sec. 1345.01. As used in sections 1345.01 to 1345.13 of the 1299
Revised Code: 1300

       (A) "Consumer transaction" means a sale, lease, assignment, 1301
award by chance, or other transfer of an item of goods, a service, 1302
a franchise, or an intangible, to an individual for purposes that 1303
are primarily personal, family, or household, or solicitation to 1304
supply any of these things. "Consumer transaction" does not 1305
include transactions between persons, defined in sections 4905.03 1306
and 5725.01 of the Revised Code, and their customers, other than 1307
transactions between loan officers, mortgage brokers, or nonbank 1308
mortgage lenders and their customers; transactions between 1309
certified public accountants or public accountants and their 1310
clients; transactions between attorneys, physicians, or dentists 1311
and their clients or patients; and transactions between 1312
veterinarians and their patients that pertain to medical treatment 1313
but not ancillary services. 1314

       (B) "Person" includes an individual, corporation, government, 1315
governmental subdivision or agency, business trust, estate, trust, 1316
partnership, association, cooperative, or other legal entity. 1317

       (C) "Supplier" means a seller, lessor, assignor, franchisor, 1318
or other person engaged in the business of effecting or soliciting 1319
consumer transactions, whether or not the person deals directly 1320
with the consumer. 1321

       (D) "Consumer" means a person who engages in a consumer 1322
transaction with a supplier. 1323

       (E) "Knowledge" means actual awareness, but such actual 1324
awareness may be inferred where objective manifestations indicate 1325
that the individual involved acted with such awareness. 1326

       (F) "Natural gas service" means the sale of natural gas, 1327
exclusive of any distribution or ancillary service. 1328

       (G) "Public telecommunications service" means the 1329
transmission by electromagnetic or other means, other than by a 1330
telephone company as defined in section 4927.01 of the Revised 1331
Code, of signs, signals, writings, images, sounds, messages, or 1332
data originating in this state regardless of actual call routing. 1333
"Public telecommunications service" excludes a system, including 1334
its construction, maintenance, or operation, for the provision of 1335
telecommunications service, or any portion of such service, by any 1336
entity for the sole and exclusive use of that entity, its parent, 1337
a subsidiary, or an affiliated entity, and not for resale, 1338
directly or indirectly; the provision of terminal equipment used 1339
to originate telecommunications service; broadcast transmission by 1340
radio, television, or satellite broadcast stations regulated by 1341
the federal government; or cable television service. 1342

       (H) "Loan officer" has the same meaning as in section 1322.01 1343
of the Revised Code, except that it does not include an employee 1344
of a bank, savings bank, savings and loan association, credit 1345
union, or credit union service organization organized under the 1346
laws of this state, another state, or the United States; an 1347
employee of a subsidiary of such a bank, savings bank, savings and 1348
loan association, or credit union; or an employee of an affiliate 1349
that (1) controls, is controlled by, or is under common control 1350
with, such a bank, savings bank, savings and loan association, or 1351
credit union and (2) is subject to examination, supervision, and 1352
regulation, including with respect to the affiliate's compliance 1353
with applicable consumer protection requirements, by the board of 1354
governors of the federal reserve system, the comptroller of the 1355
currency, the office of thrift supervision, the federal deposit 1356
insurance corporation, or the national credit union 1357
administration. 1358

       (I) "Mortgage" means any indebtedness secured by a deed of 1359
trust, security deed, or other lien on real property. 1360

       (J) "Mortgage broker" has the same meaning as in section 1361
1322.01 of the Revised Code, except that it does not include a 1362
bank, savings bank, savings and loan association, credit union, or 1363
credit union service organization organized under the laws of this 1364
state, another state, or the United States; a subsidiary of such a 1365
bank, savings bank, savings and loan association, or credit union; 1366
an affiliate that (1) controls, is controlled by, or is under 1367
common control with, such a bank, savings bank, savings and loan 1368
association, or credit union and (2) is subject to examination, 1369
supervision, and regulation, including with respect to the 1370
affiliate's compliance with applicable consumer protection 1371
requirements, by the board of governors of the federal reserve 1372
system, the comptroller of the currency, the office of thrift 1373
supervision, the federal deposit insurance corporation, or the 1374
national credit union administration; or an employee of any such 1375
entity. 1376

       (K) "Nonbank mortgage lender" means any person that engages 1377
in a mortgage loan transaction with a consumer, except for a bank, 1378
savings bank, savings and loan association, credit union, or 1379
credit union service organization organized under the laws of this 1380
state, another state, or the United States; a subsidiary of such a 1381
bank, savings bank, savings and loan association, or credit union; 1382
or an affiliate that (1) controls, is controlled by, or is under 1383
common control with, such a bank, savings bank, savings and loan 1384
association, or credit union and (2) is subject to examination, 1385
supervision, and regulation, including with respect to the 1386
affiliate's compliance with applicable consumer protection 1387
requirements, by the board of governors of the federal reserve 1388
system, the comptroller of the currency, the office of thrift 1389
supervision, the federal deposit insurance corporation, or the 1390
national credit union administration. 1391

       (L) For purposes of divisions (H), (J), and (K) of this 1392
section: 1393

       (1) "Control" of another entity means ownership, control, or 1394
power to vote twenty-five per cent or more of the outstanding 1395
shares of any class of voting securities of the other entity, 1396
directly or indirectly or acting through one or more other 1397
persons. 1398

       (2) "Credit union service organization" means a CUSO as 1399
defined in 12 C.F.R. 702.2. 1400

       Sec. 1345.09. For a violation of Chapter 1345. of the 1401
Revised Code, a consumer has a cause of action and is entitled to 1402
relief as follows: 1403

       (A) Where the violation was an act prohibited by section 1404
1345.02 or 1345.03 of the Revised Code, the consumer may, in an 1405
individual action, rescind the transaction or recover ~~his~~the 1406
consumer's actual damages. 1407

       (B) Where the violation was an act or practice declared to be 1408
deceptive or unconscionable by rule adopted under division (B) (2) 1409
of section 1345.05 of the Revised Code before the consumer 1410
transaction on which the action is based, or an act or practice 1411
determined by a court of this state to violate section 1345.02 or 1412
1345.03 of the Revised Code and committed after the decision 1413
containing the determination has been made available for public 1414
inspection under division (A)(3) of section 1345.05 of the Revised 1415
Code, the consumer may rescind the transaction or recover, but not 1416
in a class action, three times the amount of ~~his~~the consumer's 1417
actual damages or two hundred dollars, whichever is greater, or 1418
recover the consumer's actual damages or other appropriate relief 1419
in a class action under Civil Rule 23, as amended. 1420

       (C) In(1) Except as otherwise provided in division (C)(2) of 1421
this section, in any action for rescission, revocation of the 1422
consumer transaction must occur within a reasonable time after the 1423
consumer discovers or should have discovered the ground for it and 1424
before any substantial change in condition of the subject of the 1425
consumer transaction. 1426

       (2) If the consumer transaction is secured by a mortgage 1427
loan, revocation of the consumer transaction in any action for 1428
rescission under this chapter shall only be available to a 1429
consumer, in an individual action, and shall occur not later than 1430
the time limit within which the right of rescission under section 1431
125(f) of the "Truth in Lending Act," 82 Stat. 146 (1968), 15 1432
U.S.C. 1635(f), as amended, expires. 1433

       (D) Any consumer may seek a declaratory judgment, an 1434
injunction, or other appropriate relief against an act or practice 1435
that violates this chapter. 1436

       (E) When a consumer commences an individual action for a 1437
declaratory judgment or an injunction or a class action under this 1438
section, the clerk of court shall immediately mail a copy of the 1439
complaint to the attorney general. Upon timely application, the 1440
attorney general may be permitted to intervene in any private 1441
action or appeal pending under this section. When a judgment under 1442
this section becomes final, the clerk of court shall mail a copy 1443
of the judgment including supporting opinions to the attorney 1444
general for inclusion in the public file maintained under division 1445
(A)(3) of section 1345.05 of the Revised Code. 1446

       (F)(1) The court ~~may~~shall award to the prevailing party a 1447
reasonable attorney's fee limited to the work reasonably 1448
performed, if ~~either of~~ the ~~following apply:~~ 1449

       ~~(1) The~~ consumer complaining of the act or practice that 1450
violated this chapter has brought or maintained an action that is 1451
groundless, and the consumer filed or maintained the action in bad 1452
faith;. 1453

       (2) The court may award to the prevailing party a reasonable 1454
attorney's fee limited to the work reasonably performed, if the 1455
supplier has knowingly committed an act or practice that violates 1456
this chapter. 1457

       Sec. 1345.091. (A) For purposes of this section, a loan is 1458
considered to be in default if it is at least thirty days past 1459
due. 1460

       (B) Notwithstanding any other provision of this chapter, and 1461
except as otherwise provided in 16 C.F.R. 433.2, as amended, or 1462
section 1317.031 or 1317.032 of the Revised Code, no claim or 1463
defense under this chapter, except a claim or defense of 1464
rescission by a consumer as provided in division (C)(2) of section 1465
1345.09 of the Revised Code, may be asserted by the attorney 1466
general or any consumer against an assignee or purchaser of a 1467
mortgage loan for value if any of the following applies: 1468

       (1) The violation was not committed by the assignee or 1469
purchaser after such assignment or purchase. 1470

       (2) The assignee or purchaser is not affiliated by common 1471
control with the seller of the loan at the time of such assignment 1472
or purchase and the loan was not in default at the time of such 1473
assignment or purchase. 1474

       (3) The assignee or purchaser is a bank, savings bank, 1475
savings and loan association, credit union, or credit union 1476
service organization organized under the laws of this state, 1477
another state, or the United States; a subsidiary of such a bank, 1478
savings bank, savings and loan association, or credit union; or an 1479
affiliate that (a) controls, is controlled by, or is under common 1480
control with, such a bank, savings bank, savings and loan 1481
association, or credit union and (b) is subject to examination, 1482
supervision, and regulation, including with respect to the 1483
affiliate's compliance with applicable consumer protection 1484
requirements, by the board of governors of the federal reserve 1485
system, the comptroller of the currency, the office of thrift 1486
supervision, the federal deposit insurance corporation, or the 1487
national credit union administration. 1488

       Sec. 1349.31. (A)(1) No creditor shall willfully and 1489
knowingly fail to comply with section 1349.26 or 1349.27 of the 1490
Revised Code. For purposes of division (A)(1) of this section, 1491
"willfully and knowingly" has the same meaning as in section 112 1492
of the "Truth in Lending Act," 82 Stat. 146 (1968), 15 U.S.C.A. 1493
1611, as amended. 1494

       (2) Whoever violates division (A)(1) of this section is 1495
guilty of a felony of the fifth degree. 1496

       (B) The superintendent of financial institutions may directly 1497
bring an action to enjoin a violation of this section. The 1498
attorney general may directly bring an action to enjoin a 1499
violation of this section with the same rights, privileges, and 1500
powers as those described in section 1345.06 of the Revised Code. 1501
The prosecuting attorney of the county in which the action may be 1502
brought may bring an action to enjoin a violation of this section 1503
only if the prosecuting attorney first presents any evidence of 1504
the violation to the attorney general and, within a reasonable 1505
period of time, the attorney general has not agreed to bring the 1506
action. 1507

       (C)(1) The superintendent of financial institutions may 1508
initiate criminal proceedings under this section by presenting any 1509
evidence of criminal violations to the prosecuting attorney of the 1510
county in which the offense may be prosecuted. If the prosecuting 1511
attorney does not prosecute the violations, or at the request of 1512
the prosecuting attorney, the superintendent shall present any 1513
evidence of criminal violations to the attorney general, who may 1514
proceed in the prosecution with all the rights, privileges, and 1515
powers conferred by law on prosecuting attorneys, including the 1516
power to appear before grand juries and to interrogate witnesses 1517
before such grand juries. These powers of the attorney general 1518
shall be in addition to any other applicable powers of the 1519
attorney general. 1520

       (2) The prosecuting attorney of the county in which an 1521
alleged offense may be prosecuted may initiate criminal 1522
proceedings under this section. 1523

       (3) In order to initiate criminal proceedings under this 1524
section, the attorney general shall first present any evidence of 1525
criminal violations to the prosecuting attorney of the county in 1526
which the alleged offense may be prosecuted. If, within a 1527
reasonable period of time, the prosecuting attorney has not agreed 1528
to prosecute the violations, the attorney general may proceed in 1529
the prosecution with all the rights, privileges, and powers 1530
described in division (C)(1) of this section. 1531

       Sec. 1349.41. (A) As used in this section: 1532

       (1) "Consumer" means an individual to whom credit is offered 1533
or extended primarily for personal, family, or household purposes. 1534

       (2) "Lender" means a nonbank mortgage lender as defined in 1535
section 1345.01 of the Revised Code. "Lender" does not include a 1536
person that purchases or is assigned a loan or that functions 1537
solely as the servicer of a loan. 1538

       (3) "Mortgage" and "registrant" have the same meanings as in 1539
section 1322.01 of the Revised Code. 1540

       (4) "Net worth" means the net worth of an individual, as 1541
defined by common lending practices, with the following assets 1542
excluded: 1543

       (a) The value of the home that is the subject of the mortgage 1544
loan transaction; 1545

       (b) Any social security or pension payments or assets; 1546

       (c) Any life insurance assets. 1547

       (B) With respect to a mortgage loan transaction with a 1548
consumer who has less than twenty-five thousand dollars of net 1549
worth, the lender shall be a fiduciary of the consumer and shall 1550
use the lender's best efforts to further the interest of the 1551
consumer, including complying with the reasonable and lawful 1552
instructions of the consumer and acting with reasonable care, 1553
skill, and diligence on behalf of the consumer, if the transaction 1554
does not involve a registrant or the registrant does not have a 1555
material role in the transaction. 1556

       (C) The duty created by this section shall not be waived or 1557
modified. 1558

       (D) This section shall not be construed as obligating a 1559
lender to seek loan terms more favorable to the consumer from, or 1560
to make referrals to, any non-affiliated lending institution. 1561

       Sec. 1349.43. (A) As used in this section, "loan officer," 1562
"mortgage broker," and "nonbank mortgage lender" have the same 1563
meanings as in section 1345.01 of the Revised Code. 1564

       (B) The department of commerce shall establish and maintain 1565
an electronic database accessible through the internet that 1566
contains information on all of the following: 1567

       (1) The enforcement actions taken by the superintendent of 1568
financial institutions for each violation of or failure to comply 1569
with any provision of sections 1322.01 to 1322.12 of the Revised 1570
Code, upon final disposition of the action; 1571

       (2) The enforcement actions taken by the attorney general 1572
under Chapter 1345. of the Revised Code against loan officers, 1573
mortgage brokers, and nonbank mortgage lenders, upon final 1574
disposition of each action; 1575

       (3) All judgments by courts of this state, concerning which 1576
appellate remedies have been exhausted or lost by the expiration 1577
of the time for appeal, finding either of the following: 1578

       (a) A violation of any provision of sections 1322.01 to 1579
1322.12 of the Revised Code; 1580

       (b) That specific acts or practices by a loan officer, 1581
mortgage broker, or nonbank mortgage lender violate section 1582
1345.02 or 1345.03 of the Revised Code. 1583

       (C) The attorney general shall submit to the department, on 1584
the first day of each January, April, July, and October, a list of 1585
all enforcement actions and judgments described in divisions 1586
(B)(2) and (3)(b) of this section. 1587

       (D) The department may adopt rules in accordance with Chapter 1588
119. of the Revised Code that are necessary to implement this 1589
section. 1590

       Sec. 1349.44. (A) The superintendent of financial 1591
institutions shall report semi-annually to the governor and the 1592
general assembly on the operations of the division of financial 1593
institutions with respect to the following: 1594

       (1) Enforcement actions instituted by the superintendent for 1595
a violation of or failure to comply with any provision of sections 1596
1322.01 to 1322.12 of the Revised Code, and their final 1597
dispositions; 1598

       (2) Suspensions, revocations, or refusals to issue or renew 1599
certificates of registration and licenses under sections 1322.01 1600
to 1322.12 of the Revised Code; 1601

       (3) Outreach efforts of the office of consumer affairs to 1602
provide education regarding predatory lending, borrowing, and 1603
related financial topics. 1604

       (B) The information required under divisions (A)(1) and (2) 1605
of this section does not include information that, pursuant to 1606
section 1322.061 of the Revised Code, is privileged and 1607
confidential. 1608

       Sec. 4735.05. (A) The Ohio real estate commission is a part 1609
of the department of commerce for administrative purposes. The 1610
director of commerce is ex officio the executive officer of the 1611
commission, or the director may designate any employee of the 1612
department as superintendent of real estate and professional 1613
licensing to act as executive officer of the commission. 1614

       The commission and the real estate appraiser board created 1615
pursuant to section 4763.02 of the Revised Code shall each submit 1616
to the director a list of three persons whom the commission and 1617
the board consider qualified to be superintendent within sixty 1618
days after the office of superintendent becomes vacant. The 1619
director shall appoint a superintendent from the lists submitted 1620
by the commission and the board, and the superintendent shall 1621
serve at the pleasure of the director. 1622

       (B) The superintendent, except as otherwise provided, shall 1623
do all of the following in regard to this chapter: 1624

       (1) Administer this chapter; 1625

       (2) Issue all orders necessary to implement this chapter; 1626

       (3) Investigate complaints concerning the violation of this 1627
chapter or the conduct of any licensee; 1628

       (4) Establish and maintain an investigation and audit section 1629
to investigate complaints and conduct inspections, audits, and 1630
other inquiries as in the judgment of the superintendent are 1631
appropriate to enforce this chapter. The investigators or auditors 1632
have the right to review and audit the business records of 1633
licensees and continuing education course providers during normal 1634
business hours. 1635

       (5) Appoint a hearing examiner for any proceeding involving 1636
disciplinary action under section 3123.47 or 4735.18 of the 1637
Revised Code; 1638

       (6) Administer the real estate recovery fund. 1639

       (C) The superintendent may do all of the following: 1640

       (1) In connection with investigations and audits under 1641
division (B) of this section, subpoena witnesses as provided in 1642
section 4735.04 of the Revised Code; 1643

       (2) Apply to the appropriate court to enjoin any violation of 1644
this chapter. Upon a showing by the superintendent that any person 1645
has violated or is about to violate any provision of this chapter, 1646
the court shall grant an injunction, restraining order, or other 1647
appropriate order. 1648

       (3) Upon the death of a licensed broker or the revocation or 1649
suspension of the broker's license, if there is no other licensed 1650
broker within the business entity of the broker, appoint upon 1651
application by any interested party, or, in the case of a deceased 1652
broker, subject to the approval by the appropriate probate court, 1653
recommend the appointment of, an ancillary trustee who is 1654
qualified as determined by the superintendent to conclude the 1655
business transactions of the deceased, revoked, or suspended 1656
broker; 1657

       (4) In conjunction with the enforcement of this chapter, when 1658
the superintendent of real estate has reasonable cause to believe 1659
that an applicant or licensee has committed a criminal offense, 1660
the superintendent of real estate may request the superintendent 1661
of the bureau of criminal identification and investigation to 1662
conduct a criminal records check of the applicant or licensee. The 1663
superintendent of the bureau of criminal identification and 1664
investigation shall obtain information from the federal bureau of 1665
investigation as part of the criminal records check of the 1666
applicant or licensee. The superintendent of real estate may 1667
assess the applicant or licensee a fee equal to the fee assessed 1668
for the criminal records check. 1669

       (D) All information that is obtained by investigators and 1670
auditors performing investigations or conducting inspections, 1671
audits, and other inquiries pursuant to division (B)(4) of this 1672
section, from licensees, complainants, or other persons, and all 1673
reports, documents, and other work products that arise from that 1674
information and that are prepared by the investigators, auditors, 1675
or other personnel of the department, shall be held in confidence 1676
by the superintendent, the investigators and auditors, and other 1677
personnel of the department. Notwithstanding division (D) of 1678
section 2317.023 of the Revised Code, all information obtained by 1679
investigators or auditors from an informal mediation meeting held 1680
pursuant to section 4735.051 of the Revised Code, including but 1681
not limited to the agreement to mediate and the accommodation 1682
agreement, shall be held in confidence by the superintendent, 1683
investigators, auditors, and other personnel of the department. 1684

       (E) This section does not prevent the division of real estate 1685
and professional licensing from releasing information relating to 1686
licensees to the superintendent of financial institutions for 1687
purposes relating to the administration of sections 1322.01 to 1688
1322.12 of the Revised Code, to the superintendent of insurance 1689
for purposes relating to the administration of Chapter 3953. of 1690
the Revised Code, to the attorney general, or to local law 1691
enforcement agencies and local prosecutors. Information released 1692
by the division pursuant to this section remains confidential. 1693

       Sec. 4763.03. (A) In addition to any other duties imposed on 1694
the real estate appraiser board under this chapter, the board 1695
shall: 1696

       (1) Adopt rules, in accordance with Chapter 119. of the 1697
Revised Code, in furtherance of this chapter, including, but not 1698
limited to, all of the following: 1699

       (a) Defining, with respect to state-certified general real 1700
estate appraisers, state-certified residential real estate 1701
appraisers, and state-licensed residential real estate appraisers, 1702
the type of educational experience, appraisal experience, and 1703
other equivalent experience that satisfy the requirements of this 1704
chapter. The rules shall require that all appraisal experience 1705
performed after January 1, 1996, meet the uniform standards of 1706
professional practice established by the appraisal foundation. 1707

       (b) Establishing the examination specifications for 1708
state-certified general real estate appraisers, state-certified 1709
residential real estate appraisers, and state-licensed residential 1710
real estate appraisers; 1711

       (c) Relating to disciplinary proceedings conducted in 1712
accordance with section 4763.11 of the Revised Code, including 1713
rules governing the reinstatement of certificates, registrations, 1714
and licenses that have been suspended pursuant to those 1715
proceedings; 1716

       (d) Identifying any additional information to be included on 1717
the forms specified in division (C) of section 4763.12 of the 1718
Revised Code, provided that the rules shall not require any less 1719
information than is required in that division; 1720

       (e) Establishing the fees set forth in section 4763.09 of the 1721
Revised Code; 1722

       (f) Establishing the amount of the assessment required by 1723
division (A)(2) of section 4763.05 of the Revised Code. The board 1724
annually shall determine the amount due from each applicant for an 1725
initial certificate, registration, and license in an amount that 1726
will maintain the real estate appraiser recovery fund at the level 1727
specified in division (A) of section 4763.16 of the Revised Code. 1728
The board may, if the fund falls below that amount, require 1729
current certificate holders, registrants, and licensees to pay an 1730
additional assessment. 1731

       (g) Defining, with respect to state-registered real estate 1732
appraiser assistants, the educational and experience requirements 1733
of division (C)(1)(d) of section 4763.05 of the Revised Code; 1734

       (h) Establishing a real estate appraiser assistant program 1735
for the registration of real estate appraiser assistants. 1736

       (2) Provide or procure appropriate examination questions and 1737
answers for the examinations required by division (D) of section 1738
4763.05 of the Revised Code, and establish the criteria for 1739
successful completion of those examinations; 1740

       (3) Periodically review the standards for preparation and 1741
reporting of real estate appraisals provided in this chapter and 1742
adopt rules explaining and interpreting those standards; 1743

       (4) Hear appeals, pursuant to Chapter 119. of the Revised 1744
Code, from decisions and orders the superintendent of real estate 1745
issues pursuant to this chapter; 1746

       (5) Request the initiation by the superintendent of 1747
investigations of violations of this chapter or the rules adopted 1748
pursuant thereto, as the board determines appropriate; 1749

       (6) Determine the appropriate disciplinary actions to be 1750
taken against certificate holders, registrants, and licensees 1751
under this chapter as provided in section 4763.11 of the Revised 1752
Code. 1753

       (B) In addition to any other duties imposed on the 1754
superintendent of real estate under this chapter, the 1755
superintendent shall: 1756

       (1) Prescribe the form and content of all applications 1757
required by this chapter; 1758

       (2) Receive applications for certifications, registrations, 1759
and licenses and renewal thereof under this chapter and establish 1760
the procedures for processing, approving, and disapproving those 1761
applications; 1762

       (3) Retain records and all application materials submitted to 1763
the superintendent; 1764

       (4) Establish the time and place for conducting the 1765
examinations required by division (D) of section 4763.05 of the 1766
Revised Code; 1767

       (5) Issue certificates, registrations, and licenses and 1768
maintain a register of the names and addresses of all persons 1769
issued a certificate, registration, or license under this chapter; 1770

       (6) Perform any other functions and duties, including the 1771
employment of staff, necessary to administer this chapter; 1772

       (7) Administer this chapter; 1773

       (8) Issue all orders necessary to implement this chapter; 1774

       (9) Investigate complaints, upon the superintendent's own 1775
motion or upon receipt of a complaint or upon a request of the 1776
board, concerning any violation of this chapter or the rules 1777
adopted pursuant thereto or the conduct of any person holding a 1778
certificate, registration, or license issued pursuant to this 1779
chapter; 1780

       (10) Establish and maintain an investigation and audit 1781
section to investigate complaints and conduct inspections, audits, 1782
and other inquiries as in the judgment of the superintendent are 1783
appropriate to enforce this chapter. The investigators and 1784
auditors have the right to review and audit the business records 1785
of certificate holders, registrants, and licensees during normal 1786
business hours. The superintendent may utilize the investigators 1787
and auditors employed pursuant to division (B)(4) of section 1788
4735.05 of the Revised Code or currently licensed certificate 1789
holders or licensees to assist in performing the duties of this 1790
division. 1791

       (11) Appoint a referee or examiner for any proceeding 1792
involving the revocation or suspension of a certificate, 1793
registration, or license under section 3123.47 or 4763.11 of the 1794
Revised Code; 1795

       (12) Administer the real estate appraiser recovery fund; 1796

       (13) Conduct the examinations required by division (D) of 1797
section 4763.05 of the Revised Code at least four times per year. 1798

       (C) The superintendent may do all of the following: 1799

       (1) In connection with investigations and audits under 1800
division (B) of this section, subpoena witnesses as provided in 1801
section 4763.04 of the Revised Code; 1802

       (2) Apply to the appropriate court to enjoin any violation of 1803
this chapter. Upon a showing by the superintendent that any person 1804
has violated or is about to violate this chapter, the court shall 1805
grant an injunction, restraining order, or other appropriate 1806
relief, or any combination thereof. 1807

       (D) All information that is obtained by investigators and 1808
auditors performing investigations or conducting inspections, 1809
audits, and other inquiries pursuant to division (B)(10) of this 1810
section, from certificate holders, registrants, licensees, 1811
complainants, or other persons, and all reports, documents, and 1812
other work products that arise from that information and that are 1813
prepared by the investigators, auditors, or other personnel of the 1814
department of commerce, shall be held in confidence by the 1815
superintendent, the investigators and auditors, and other 1816
personnel of the department. 1817

       (E) This section does not prevent the division of real estate 1818
and professional licensing from releasing information relating to 1819
certificate holders, registrants, and licensees to the 1820
superintendent of financial institutions for purposes relating to 1821
the administration of sections 1322.01 to 1322.12 of the Revised 1822
Code, to the superintendent of insurance for purposes relating to 1823
the administration of Chapter 3953. of the Revised Code, to the 1824
attorney general, or to local law enforcement agencies and local 1825
prosecutors. Information released by the division pursuant to this 1826
section remains confidential. 1827

       Sec. 4763.05. (A)(1)(a) A person shall make application for 1828
an initial state-certified general real estate appraiser 1829
certificate, an initial state-certified residential real estate 1830
appraiser certificate, an initial state-licensed residential real 1831
estate appraiser license, or an initial state-registered real 1832
estate appraiser assistant registration in writing to the 1833
superintendent of real estate on a form the superintendent 1834
prescribes. The application shall include the address of the 1835
applicant's principal place of business and all other addresses at 1836
which the applicant currently engages in the business of preparing 1837
real estate appraisals and the address of the applicant's current 1838
residence. The superintendent shall retain the applicant's current 1839
residence address in a separate record which shall not constitute 1840
a public record for purposes of section 149.03 of the Revised 1841
Code. The application shall indicate whether the applicant seeks 1842
certification as a general real estate appraiser or as a 1843
residential real estate appraiser, licensure as a residential real 1844
estate appraiser, or registration as a real estate appraiser 1845
assistant and be accompanied by the prescribed examination and 1846
certification, registration, or licensure fees set forth in 1847
section 4763.09 of the Revised Code. The application also shall 1848
include a fingerprint of the applicant; a pledge, signed by the 1849
applicant, that the applicant will comply with the standards set 1850
forth in this chapter; and a statement that the applicant 1851
understands the types of misconduct for which disciplinary 1852
proceedings may be initiated against the applicant pursuant to 1853
this chapter. 1854

       (b) Upon the filing of an application and payment of any 1855
examination and certification, registration, or licensure fees, 1856
the superintendent of real estate shall request the superintendent 1857
of the bureau of criminal identification and investigation, or a 1858
vendor approved by the bureau, to conduct a criminal records check 1859
based on the applicant's fingerprints in accordance with division 1860
(A)(11) of section 109.572 of the Revised Code. Notwithstanding 1861
division (J) of section 121.08 of the Revised Code, the 1862
superintendent of real estate shall request that criminal record 1863
information from the federal bureau of investigation be obtained 1864
as part of the criminal records check. Any fee required under 1865
division (C)(3) of section 109.572 of the Revised Code shall be 1866
paid by the applicant. 1867

       (2) For purposes of providing funding for the real estate 1868
appraiser recovery fund established by section 4763.16 of the 1869
Revised Code, the real estate appraiser board shall levy an 1870
assessment against each person issued an initial certificate, 1871
registration, or license and against current licensees, 1872
registrants, and certificate holders, as required by board rule. 1873
The assessment is in addition to the application and examination 1874
fees for initial applicants required by division (A)(1) of this 1875
section and the renewal fees required for current certificate 1876
holders, registrants, and licensees. The superintendent of real 1877
estate shall deposit the assessment into the state treasury to the 1878
credit of the real estate appraiser recovery fund. The assessment 1879
for initial certificate holders, registrants, and licensees shall 1880
be paid prior to the issuance of a certificate, registration, or 1881
license, and for current certificate holders, registrants, and 1882
licensees, at the time of renewal. 1883

       (B) An applicant for an initial general real estate appraiser 1884
certificate shall possess at least thirty months of experience in 1885
real estate appraisal, or any equivalent experience the board 1886
prescribes. An applicant for a residential real estate appraiser 1887
certificate or residential real estate appraiser license shall 1888
possess at least two years of experience in real estate appraisal, 1889
or any equivalent experience the board prescribes. In addition to 1890
any other information required by the board, the applicant shall 1891
furnish, under oath, a detailed listing of the appraisal reports 1892
or file memoranda for each year for which experience is claimed 1893
and, upon request of the superintendent or the board, shall make 1894
available for examination a sample of the appraisal reports 1895
prepared by the applicant in the course of the applicant's 1896
practice. 1897

       (C)(1) Except as provided in division (C)(2) of this section, 1898
an applicant for an initial certificate, registration, or license 1899
shall be at least eighteen years of age, honest, truthful, and of 1900
good reputation and shall present satisfactory evidence to the 1901
superintendent of the following, as appropriate: 1902

       (a) If the applicant is seeking a state-certified general 1903
real estate appraiser certificate, that the applicant has 1904
successfully completed at least one hundred sixty-five classroom 1905
hours of courses in subjects related to real estate appraisal, 1906
including at least one course devoted exclusively to federal, 1907
state, and municipal fair housing law, presented by a nationally 1908
recognized appraisal organization, an institution of higher 1909
education, a career school registered by the state board of career 1910
colleges and schools, a state or federal commission or agency, or 1911
any other organization that represents the interests of financial 1912
institutions or real estate brokers, appraisers, or agents and 1913
that provides appraisal education, plus fifteen classroom hours 1914
related to standards of professional practice and the provisions 1915
of this chapter; 1916

       (b) If the applicant is seeking a state-certified residential 1917
real estate appraiser certificate, that the applicant has 1918
successfully completed at least one hundred five classroom hours 1919
of courses in subjects related to real estate appraisal, including 1920
at least one course devoted exclusively to federal, state, and 1921
municipal fair housing law, presented by a nationally recognized 1922
appraisal organization, an institution of higher education, a 1923
career school registered by the state board of career colleges and 1924
schools, or any other organization that represents the interests 1925
of financial institutions or real estate brokers, appraisers, or 1926
agents and that provides appraisal education, plus fifteen 1927
classroom hours related to standards of professional practice and 1928
the provisions of this chapter; 1929

       (c) If the applicant is seeking a state-licensed residential 1930
real estate appraiser license, that the applicant has successfully 1931
completed at least seventy-five classroom hours of courses in 1932
subjects related to real estate appraisal, including at least one 1933
course devoted exclusively to federal, state, and municipal fair 1934
housing law, presented by a nationally recognized appraisal 1935
organization, an institution of higher education, a career school 1936
registered by the state board of career colleges and schools, a 1937
state or federal commission or agency, or any other organization 1938
that represents the interests of financial institutions or real 1939
estate brokers, appraisers, or agents and that provides appraisal 1940
education, plus fifteen classroom hours related to standards of 1941
professional practice and the provisions of this chapter; 1942

       (d) If the applicant is seeking a state-registered real 1943
estate appraiser assistant registration, that the applicant has 1944
successfully completed at least seventy-five classroom hours of 1945
courses in subjects related to real estate appraisal, including at 1946
least one course devoted exclusively to federal, state, and 1947
municipal fair housing law, presented by a nationally recognized 1948
appraisal organization, an institution of higher education, a 1949
career school registered by the state board of career colleges and 1950
schools, or any other organization that represents the interests 1951
of financial institutions or real estate brokers, appraisers, or 1952
agents, and that provides appraisal education that included at 1953
least fifteen classroom hours of instruction related to standards 1954
of professional practice and the requirements of this chapter and 1955
the rules adopted under this chapter. 1956

       (2) Each person who files an application for an initial 1957
certificate or license within one year of the date established by 1958
the board as the first date on which applications will be accepted 1959
under this section, which date shall be no later than September 1, 1960
1990, and who, at the time of filing that application, does not 1961
satisfy the educational requirements for the certification or 1962
licensure sought of either division (C)(1)(a) or (b) of this 1963
section is exempt from those educational requirements for the term 1964
of the initial certification or licensure. In applying for a 1965
renewal certificate or license pursuant to section 4763.06 of the 1966
Revised Code, a certificate holder or licensee who was exempted 1967
from the educational requirements of division (C)(1)(a) or (b) of 1968
this section when applying for the initial certificate or license 1969
shall present satisfactory evidence to the superintendent that the 1970
certificate holder or licensee has completed the educational 1971
requirements for the certification or licensure to be renewed of 1972
one of those divisions before the renewal certificate or license 1973
may be issued. 1974

       (D) An applicant for an initial general real estate appraiser 1975
or residential real estate appraiser certificate or residential 1976
real estate appraiser license shall take and successfully complete 1977
a written examination in order to qualify for the certificate or 1978
license. The examination shall require the applicant to 1979
demonstrate all of the following: 1980

       (1) Appropriate knowledge of technical terms commonly used in 1981
or related to real estate appraising, appraisal report writing, 1982
and the economic concepts applicable to real estate; 1983

       (2) Understanding of the principles of land economics, real 1984
estate appraisal processes, and problems likely to be encountered 1985
in gathering, interpreting, and processing of data in carrying out 1986
appraisal disciplines; 1987

       (3) Understanding of the standards for the development and 1988
communication of real estate appraisals as provided in this 1989
chapter and the rules adopted thereunder; 1990

       (4) Knowledge of theories of depreciation, cost estimating, 1991
methods of capitalization, direct sales comparison, and the 1992
mathematics of real estate appraisal that are appropriate for the 1993
certification or licensure for which the applicant has applied; 1994

       (5) Knowledge of other principles and procedures as 1995
appropriate for the certification or license; 1996

       (6) Basic understanding of real estate law; 1997

       (7) Understanding of the types of misconduct for which 1998
disciplinary proceedings may be initiated against a certificate 1999
holder and licensee. 2000

       (E)(1) A nonresident, natural person of this state who has 2001
complied with this section may obtain a certificate, registration, 2002
or license. The board shall adopt rules relating to the 2003
certification, registration, and licensure of a nonresident 2004
applicant whose state of residence the board determines to have 2005
certification, registration, or licensure requirements that are 2006
substantially similar to those set forth in this chapter and the 2007
rules adopted thereunder. 2008

       (2) The board shall recognize on a temporary basis a 2009
certification or license issued in another state and shall 2010
register on a temporary basis an appraiser who is certified or 2011
licensed in another state if all of the following apply: 2012

       (a) The temporary registration is to perform an appraisal 2013
assignment that is part of a federally related transaction;. 2014

       (b) The appraiser's business in this state is of a temporary 2015
nature;. 2016

       (c) The appraiser registers with the board pursuant to this 2017
division. 2018

       An appraiser who is certified or licensed in another state 2019
shall register with the board for temporary practice before 2020
performing an appraisal assignment in this state in connection 2021
with a federally related transaction. 2022

       The board shall adopt rules relating to registration for the 2023
temporary recognition of certification and licensure of appraisers 2024
from another state. The registration for temporary recognition of 2025
certified or licensed appraisers from another state shall not 2026
authorize completion of more than one appraisal assignment in this 2027
state. The board shall not issue more than two registrations for 2028
temporary practice to any one applicant in any calendar year. 2029

       (3) In addition to any other information required to be 2030
submitted with the nonresident applicant's or appraiser's 2031
application for a certificate, registration, license, or temporary 2032
recognition of a certificate or license, each nonresident 2033
applicant or appraiser shall submit a statement consenting to the 2034
service of process upon the nonresident applicant or appraiser by 2035
means of delivering that process to the secretary of state if, in 2036
an action against the applicant, certificate holder, registrant, 2037
or licensee arising from the applicant's, certificate holder's, 2038
registrant's, or licensee's activities as a certificate holder, 2039
registrant, or licensee, the plaintiff, in the exercise of due 2040
diligence, cannot effect personal service upon the applicant, 2041
certificate holder, registrant, or licensee. 2042

       (F) The superintendent shall not issue a certificate, 2043
registration, or license to, or recognize on a temporary basis an 2044
appraiser from another state that is a corporation, partnership, 2045
or association. This prohibition shall not be construed to prevent 2046
a certificate holder or licensee from signing an appraisal report 2047
on behalf of a corporation, partnership, or association. 2048

       (G) Every person licensed, registered, or certified under 2049
this chapter shall notify the superintendent, on a form provided 2050
by the superintendent, of a change in the address of the 2051
licensee's, registrant's, or certificate holder's principal place 2052
of business or residence within thirty days of the change. If a 2053
licensee's, registrant's, or certificate holder's license, 2054
registration, or certificate is revoked or not renewed, the 2055
licensee, registrant, or certificate holder immediately shall 2056
return the annual and any renewal certificate, registration, or 2057
license to the superintendent. 2058

       (H)(1) The superintendent shall not issue a certificate, 2059
registration, or license to any person, or recognize on a 2060
temporary basis an appraiser from another state, who does not meet 2061
applicable minimum criteria for state certification, registration, 2062
or licensure prescribed by federal law or rule. 2063

       (2) The superintendent shall not issue a general real estate 2064
appraiser certificate, residential real estate appraiser 2065
certificate, residential real estate appraiser license, or real 2066
estate appraiser assistant registration to any person who has been 2067
convicted of or pleaded guilty to any criminal offense involving 2068
theft, receiving stolen property, embezzlement, forgery, fraud, 2069
passing bad checks, money laundering, or drug trafficking, or any 2070
criminal offense involving money or securities, including a 2071
violation of an existing or former law of this state, any other 2072
state, or the United States that substantially is equivalent to 2073
such an offense. However, if the applicant has pleaded guilty to 2074
or been convicted of such an offense, the superintendent shall not 2075
consider the offense if the applicant has proven to the 2076
superintendent, by a preponderance of the evidence, that the 2077
applicant's activities and employment record since the conviction 2078
show that the applicant is honest, truthful, and of good 2079
reputation, and there is no basis in fact for believing that the 2080
applicant will commit such an offense again. 2081

       Sec. 4763.06. (A) A person licensed, registered, or 2082
certified under this chapter may obtain a renewal certificate, 2083
registration, or license by filing a renewal application with and 2084
paying the renewal fee set forth in section 4763.09 of the Revised 2085
Code and any amount assessed pursuant to division (A)(2) of 2086
section 4763.05 of the Revised Code to the superintendent of real 2087
estate. The renewal application shall include a statement, signed 2088
by the certificate holder, registrant, or licensee, that the 2089
certificate holder, registrant, or licensee has not, during the 2090
immediately preceding twelve-month period, been convicted of or 2091
pleaded guilty to any criminal offense described in division 2092
(H)(2) of section 4763.05 of the Revised Code. The certificate 2093
holder, registrant, or licensee shall file the renewal application 2094
at least thirty days, but no earlier than one hundred twenty days, 2095
prior to expiration of the certificate holder's, registrant's, or 2096
licensee's current certificate, registration, or license. A 2097
certificate holder or licensee who applies for a renewal 2098
certificate or license who, pursuant to division (C)(2) of section 2099
4763.05 of the Revised Code, was exempted from the educational 2100
requirements of division (C)(1) of that section during the term of 2101
the initial certificate or license, as a condition of renewal, 2102
also shall present satisfactory evidence of having completed the 2103
appropriate educational requirements of either division (C)(1)(a) 2104
or (b) of that section since the effective date of the initial 2105
certificate or license. 2106

       (B) A certificate holder, registrant, or licensee who fails 2107
to renew a certificate, registration, or license prior to its 2108
expiration is ineligible to obtain a renewal certificate, 2109
registration, or license and shall comply with section 4763.05 of 2110
the Revised Code in order to regain ~~his~~ certification or 2111
licensure, except that a certificate holder, registrant, or 2112
licensee may, within three months after the expiration of the 2113
certificate holder's, registrant's, or licensee's certificate, 2114
registration, or license, renew the certificate, registration, or 2115
license without having to comply with section 4763.05 of the 2116
Revised Code by payment of all fees for renewal and payment of the 2117
late filing fee set forth in section 4763.09 of the Revised Code. 2118
A certificate holder, registrant, or licensee who applies for late 2119
renewal of the certificate holder's, registrant's, or licensee's 2120
certificate, registration, or license may engage in all activities 2121
permitted by the certification, registration, or license being 2122
renewed for the three-month period following the certificate's, 2123
registration's, or license's normal expiration date. 2124

       Sec. 4763.12. (A) A person licensed or certified under this 2125
chapter may be retained or employed to act as a disinterested 2126
third party in rendering an unbiased valuation or analysis of real 2127
estate or to provide specialized services to facilitate the client 2128
or employer's objectives. An appraisal or appraisal report 2129
rendered by a certificate holder or licensee shall comply with 2130
this chapter. A certified appraisal or certified appraisal report 2131
represents to the public that it satisfies the standards set forth 2132
in this chapter. 2133

       (B) No certificate holder or licensee shall accept a fee for 2134
an appraisal assignment that is contingent, in whole or in part, 2135
upon the reporting of a predetermined estimate, analysis, or 2136
opinion or upon the opinion, conclusion, or valuation reached, or 2137
upon consequences resulting from the appraisal assignment. A 2138
certificate holder or licensee who enters into an agreement to 2139
provide specialized services may charge a fixed fee or a fee that 2140
is contingent upon the results achieved by the specialized 2141
services, provided that this fact is clearly stated in each oral 2142
report rendered pursuant to the agreement, and the existence of 2143
the contingent fee arrangement is clearly stated in a prominent 2144
place on each written report and in each letter of transmittal and 2145
certification statement made by the certificate holder or licensee 2146
within that report. 2147

       (C) Every written report rendered by a certificate holder or 2148
licensee in conjunction with an appraisal assignment or 2149
specialized service performed shall include the following 2150
information: 2151

       (1) The name of the certificate holder or licensee; 2152

       (2) The class of certification or licensure held by and the 2153
certification or licensure number of the certificate holder or 2154
licensee; 2155

       (3) Whether the appraisal or specialized service is performed 2156
within the scope of the certificate holder's or licensee's 2157
certification or licensure; 2158

       (4) Whether the appraisal or specialized service is provided 2159
by a certificate holder or licensee as a disinterested and 2160
unbiased third party or as a person on an interested and biased 2161
basis or as an interested third party on a contingent fee basis; 2162

       (5) The signature of the person preparing and reporting the 2163
appraisal or specialized service. 2164

       If the certificate holder or licensee provides an oral real 2165
estate appraisal or specialized service, the certificate holder or 2166
licensee shall send, within seven days of providing the oral 2167
report, a form to the client containing the appropriate 2168
information specified in this division and the rules adopted 2169
pursuant ~~thereto~~to this division. 2170

       (D) Nothing in this chapter shall be construed as requiring a 2171
certificate holder or licensee to provide a client with a copy of 2172
any writing prepared in support of an oral appraisal report except 2173
as provided in division (C) of this section or as agreed to 2174
between the certificate holder or licensee and the certificate 2175
holder's or licensee's client. 2176

       (E) No person, directly or indirectly, shall knowingly 2177
compensate, instruct, induce, coerce, or intimidate, or attempt to 2178
compensate, instruct, induce, coerce, or intimidate, a certificate 2179
holder or licensee for the purpose of corrupting or improperly 2180
influencing the independent judgment of the certificate holder or 2181
licensee with respect to the value of the dwelling offered as 2182
security for repayment of a mortgage loan. 2183

       Sec. 4763.13. (A) In engaging in appraisal activities, a 2184
person certified, registered, or licensed under this chapter shall 2185
comply with the applicable standards prescribed by the board of 2186
governors of the federal reserve system, the federal deposit 2187
insurance corporation, the comptroller of the currency, the office 2188
of thrift supervision, the national credit union administration, 2189
and the resolution trust corporation in connection with federally 2190
related transactions under the jurisdiction of the applicable 2191
agency or instrumentality. A certificate holder, registrant, and 2192
licensee also shall comply with the uniform standards of 2193
professional appraisal practice, as adopted by the appraisal 2194
standards board of the appraisal foundation and such other 2195
standards adopted by the real estate appraiser board, to the 2196
extent that those standards do not conflict with applicable 2197
federal standards in connection with a particular federally 2198
related transaction. 2199

       (B) The terms "state-licensed residential real estate 2200
appraiser," "state-certified residential real estate appraiser," 2201
"state-certified general real estate appraiser," and 2202
"state-registered real estate appraiser assistant" shall be used 2203
to refer only to those persons who have been issued the applicable 2204
certificate, registration, or license or renewal certificate, 2205
registration, or license pursuant to this chapter. None of these 2206
terms shall be used following or in connection with the name or 2207
signature of a partnership, corporation, or association or in a 2208
manner that could be interpreted as referring to a person other 2209
than the person to whom the certificate, registration, or license 2210
has been issued. No person shall fail to comply with this 2211
division. 2212

       (C) No person, other than a certificate holder, a registrant, 2213
or a licensee, shall assume or use a title, designation, or 2214
abbreviation that is likely to create the impression that the 2215
person possesses certification, registration, or licensure under 2216
this chapter, provided that professional designations containing 2217
the term "certified appraiser" and being used on or before July 2218
26, 1989, shall not be construed as being misleading under this 2219
division. No person other than a person certified or licensed 2220
under this chapter shall describe or refer to an appraisal or 2221
other evaluation of real estate located in this state as being 2222
certified. 2223

       (D) The terms "state-certified or state-licensed real estate 2224
appraisal report," "state-certified or state-licensed appraisal 2225
report," or "state-certified or state-licensed appraisal" shall be 2226
used to refer only to those real estate appraisals conducted by a 2227
certificate holder or licensee as a disinterested and unbiased 2228
third party provided that the certificate holder or licensee 2229
provides certification with the appraisal and provided further 2230
that if a licensee is providing the appraisal, such terms shall 2231
only be used if the licensee is acting within the scope of the 2232
licensee's license. No person shall fail to comply with this 2233
division. 2234

       (E) Nothing in this chapter shall preclude a partnership, 2235
corporation, or association which employs or retains the services 2236
of a certificate holder or licensee to advertise that the 2237
partnership, corporation, or association offers state-certified or 2238
state-licensed appraisals through a certificate holder or licensee 2239
if the advertisement clearly states such fact in accordance with 2240
guidelines for such advertisements established by rule of the real 2241
estate appraiser board. 2242

       (F) ~~Nothing~~Except as otherwise provided in section 4763.19 2243
of the Revised Code, nothing in this chapter shall preclude a 2244
person who is not licensed or certified under this chapter from 2245
appraising real estate for compensation. 2246

       Sec. 4763.19. (A) Subject to division (B) of this section, 2247
no person shall perform a real estate appraisal for a mortgage 2248
loan if the person is not licensed or certified under this chapter 2249
to do the appraisal. 2250

       (B) Division (A) of this section does not apply to a lender 2251
using a market analysis or price opinion, an internal valuation 2252
analysis, or an automated valuation model or report based on an 2253
automated valuation model, and any person providing that report to 2254
the lender, in performing a valuation for purposes of a loan 2255
application, as long as the lender does both of the following: 2256

        (1) Gives the consumer loan applicant a copy of any written 2257
market analysis or price opinion or valuation report based on an 2258
automated valuation model; 2259

        (2) Includes a disclaimer on the consumer's copy specifying 2260
that the valuation used for purposes of the application was 2261
obtained from a market analysis or price opinion or automated 2262
valuation model report and not from a person licensed or certified 2263
under this chapter. 2264

       Sec. 4763.99. (A) Whoever violates division (B) of section 2265
4763.12 or, division (B), (C), or (D) of section 4763.13, or 2266
section 4763.19 of the Revised Code is guilty of a misdemeanor of 2267
the first degree. 2268

       (B) Whoever violates division (E) of section 4763.12 of the 2269
Revised Code is guilty of a felony of the fifth degree. 2270

       Section 2. That existing sections 109.572, 1322.03, 1322.031, 2271
1322.04, 1322.041, 1322.051, 1322.06, 1322.061, 1322.062, 1322.07, 2272
1322.10, 1322.11, 1322.99, 1345.01, 1345.09, 1349.31, 4735.05, 2273
4763.03, 4763.05, 4763.06, 4763.12, 4763.13, and 4763.99 of the 2274
Revised Code are hereby repealed. 2275

       Section 3. Sections 4763.13 and 4763.19 of the Revised Code, 2276
as amended or enacted by this act, shall take effect six months 2277
after the effective date of this act. 2278

       Section 4. Section 109.572 of the Revised Code is presented 2279
in this act as a composite of the section as amended by both Am. 2280
Sub. H.B. 11 and Am. Sub. H.B. 117 of the 125th General Assembly 2281
and Am. Sub. H.B. 68 of the 126th General Assembly. The General 2282
Assembly, applying the principle stated in division (B) of section 2283
1.52 of the Revised Code that amendments are to be harmonized if 2284
reasonably capable of simultaneous operation, finds that the 2285
composite is the resulting version of the section in effect prior 2286
to the effective date of the section as presented in this act. 2287

Section 1. That sections 109.572, 1322.03, 1322.031, 1322.04,	23
1322.041, 1322.051, 1322.06, 1322.061, 1322.062, 1322.07, 1322.10,	24
1322.11, 1322.99, 1345.01, 1345.09, 1349.31, 4735.05, 4763.03,	25
4763.05, 4763.06, 4763.12, 4763.13, and 4763.99 be amended and	26
sections 1321.541, 1322.063, 1322.064, 1322.074, 1322.075,	27
1322.081, 1345.091, 1349.41, 1349.43, 1349.44, and 4763.19 of the	28
Revised Code be enacted to read as follows:	29

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	30
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or	31
5153.111 of the Revised Code, a completed form prescribed pursuant	32
to division (C)(1) of this section, and a set of fingerprint	33
impressions obtained in the manner described in division (C)(2) of	34
this section, the superintendent of the bureau of criminal	35
identification and investigation shall conduct a criminal records	36
check in the manner described in division (B) of this section to	37
determine whether any information exists that indicates that the	38
person who is the subject of the request previously has been	39
convicted of or pleaded guilty to any of the following:	40

(a) A violation of section 2903.01, 2903.02, 2903.03,	41
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	42
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	43
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	44
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	45
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	46
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	47
2925.06, or 3716.11 of the Revised Code, felonious sexual	48
penetration in violation of former section 2907.12 of the Revised	49
Code, a violation of section 2905.04 of the Revised Code as it	50
existed prior to July 1, 1996, a violation of section 2919.23 of	51
the Revised Code that would have been a violation of section	52
2905.04 of the Revised Code as it existed prior to July 1, 1996,	53
had the violation been committed prior to that date, or a	54
violation of section 2925.11 of the Revised Code that is not a	55
minor drug possession offense;	56

(b) A violation of an existing or former law of this state,	57
any other state, or the United States that is substantially	58
equivalent to any of the offenses listed in division (A)(1)(a) of	59
this section.	60

(2) On receipt of a request pursuant to section 5123.081 of	61
the Revised Code with respect to an applicant for employment in	62
any position with the department of mental retardation and	63
developmental disabilities, pursuant to section 5126.28 of the	64
Revised Code with respect to an applicant for employment in any	65
position with a county board of mental retardation and	66
developmental disabilities, or pursuant to section 5126.281 of the	67
Revised Code with respect to an applicant for employment in a	68
direct services position with an entity contracting with a county	69
board for employment, a completed form prescribed pursuant to	70
division (C)(1) of this section, and a set of fingerprint	71
impressions obtained in the manner described in division (C)(2) of	72
this section, the superintendent of the bureau of criminal	73
identification and investigation shall conduct a criminal records	74
check. The superintendent shall conduct the criminal records check	75
in the manner described in division (B) of this section to	76
determine whether any information exists that indicates that the	77
person who is the subject of the request has been convicted of or	78
pleaded guilty to any of the following:	79

(a) A violation of section 2903.01, 2903.02, 2903.03,	80
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	81
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	82
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	83
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	84
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	85
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	86
2925.03, or 3716.11 of the Revised Code;	87

(b) An existing or former municipal ordinance or law of this	88
state, any other state, or the United States that is substantially	89
equivalent to any of the offenses listed in division (A)(2)(a) of	90
this section.	91

(3) On receipt of a request pursuant to section 173.41,	92
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	93
form prescribed pursuant to division (C)(1) of this section, and a	94
set of fingerprint impressions obtained in the manner described in	95
division (C)(2) of this section, the superintendent of the bureau	96
of criminal identification and investigation shall conduct a	97
criminal records check with respect to any person who has applied	98
for employment in a position that involves providing direct care	99
to an older adult. The superintendent shall conduct the criminal	100
records check in the manner described in division (B) of this	101
section to determine whether any information exists that indicates	102
that the person who is the subject of the request previously has	103
been convicted of or pleaded guilty to any of the following:	104

(a) A violation of section 2903.01, 2903.02, 2903.03,	105
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	106
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	107
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	108
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	109
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	110
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	111
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	112
2925.22, 2925.23, or 3716.11 of the Revised Code;	113

(b) An existing or former law of this state, any other state,	114
or the United States that is substantially equivalent to any of	115
the offenses listed in division (A)(3)(a) of this section.	116

(4) On receipt of a request pursuant to section 3701.881 of	117
the Revised Code with respect to an applicant for employment with	118
a home health agency as a person responsible for the care,	119
custody, or control of a child, a completed form prescribed	120
pursuant to division (C)(1) of this section, and a set of	121
fingerprint impressions obtained in the manner described in	122
division (C)(2) of this section, the superintendent of the bureau	123
of criminal identification and investigation shall conduct a	124
criminal records check. The superintendent shall conduct the	125
criminal records check in the manner described in division (B) of	126
this section to determine whether any information exists that	127
indicates that the person who is the subject of the request	128
previously has been convicted of or pleaded guilty to any of the	129
following:	130

(a) A violation of section 2903.01, 2903.02, 2903.03,	131
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	132
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	133
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	134
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	135
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	136
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	137
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	138
violation of section 2925.11 of the Revised Code that is not a	139
minor drug possession offense;	140

(b) An existing or former law of this state, any other state,	141
or the United States that is substantially equivalent to any of	142
the offenses listed in division (A)(4)(a) of this section.	143

(5) On receipt of a request pursuant to section 5111.95 or	144
5111.96 of the Revised Code with respect to an applicant for	145
employment with a waiver agency participating in a department of	146
job and family services administered home and community-based	147
waiver program or an independent provider participating in a	148
department administered home and community-based waiver program in	149
a position that involves providing home and community-based waiver	150
services to consumers with disabilities, a completed form	151
prescribed pursuant to division (C)(1) of this section, and a set	152
of fingerprint impressions obtained in the manner described in	153
division (C)(2) of this section, the superintendent of the bureau	154
of criminal identification and investigation shall conduct a	155
criminal records check. The superintendent shall conduct the	156
criminal records check in the manner described in division (B) of	157
this section to determine whether any information exists that	158
indicates that the person who is the subject of the request	159
previously has been convicted of or pleaded guilty to any of the	160
following:	161

(a) A violation of section 2903.01, 2903.02, 2903.03,	162
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	163
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	164
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	165
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	166
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	167
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	168
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	169
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	170
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	171
Revised Code, felonious sexual penetration in violation of former	172
section 2907.12 of the Revised Code, a violation of section	173
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	174
violation of section 2919.23 of the Revised Code that would have	175
been a violation of section 2905.04 of the Revised Code as it	176
existed prior to July 1, 1996, had the violation been committed	177
prior to that date;	178

(b) An existing or former law of this state, any other state,	179
or the United States that is substantially equivalent to any of	180
the offenses listed in division (A)(5)(a) of this section.	181

(6) On receipt of a request pursuant to section 3701.881 of	182
the Revised Code with respect to an applicant for employment with	183
a home health agency in a position that involves providing direct	184
care to an older adult, a completed form prescribed pursuant to	185
division (C)(1) of this section, and a set of fingerprint	186
impressions obtained in the manner described in division (C)(2) of	187
this section, the superintendent of the bureau of criminal	188
identification and investigation shall conduct a criminal records	189
check. The superintendent shall conduct the criminal records check	190
in the manner described in division (B) of this section to	191
determine whether any information exists that indicates that the	192
person who is the subject of the request previously has been	193
convicted of or pleaded guilty to any of the following:	194

(b) An existing or former law of this state, any other state,	204
or the United States that is substantially equivalent to any of	205
the offenses listed in division (A)(6)(a) of this section.	206

(7) When conducting a criminal records check upon a request	207
pursuant to section 3319.39 of the Revised Code for an applicant	208
who is a teacher, in addition to the determination made under	209
division (A)(1) of this section, the superintendent shall	210
determine whether any information exists that indicates that the	211
person who is the subject of the request previously has been	212
convicted of or pleaded guilty to any offense specified in section	213
3319.31 of the Revised Code.	214

(8) On a request pursuant to section 2151.86 of the Revised	215
Code, a completed form prescribed pursuant to division (C)(1) of	216
this section, and a set of fingerprint impressions obtained in the	217
manner described in division (C)(2) of this section, the	218
superintendent of the bureau of criminal identification and	219
investigation shall conduct a criminal records check in the manner	220
described in division (B) of this section to determine whether any	221
information exists that indicates that the person who is the	222
subject of the request previously has been convicted of or pleaded	223
guilty to any of the following:	224

(9) When conducting a criminal records check on a request	245
pursuant to section 5104.013 of the Revised Code for a person who	246
is an owner, licensee, or administrator of a child day-care center	247
or type A family day-care home or an authorized provider of a	248
certified type B family day-care home, the superintendent, in	249
addition to the determination made under division (A)(1) of this	250
section, shall determine whether any information exists that	251
indicates that the person has been convicted of or pleaded guilty	252
to any of the following:	253

(a) A violation of section 2913.02, 2913.03, 2913.04,	254
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	255
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	256
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	257
2921.13, or 2923.01 of the Revised Code, a violation of section	258
2923.02 or 2923.03 of the Revised Code that relates to a crime	259
specified in this division or division (A)(1)(a) of this section,	260
or a second violation of section 4511.19 of the Revised Code	261
within five years of the date of application for licensure or	262
certification.	263

(b) A violation of an existing or former law of this state,	264
any other state, or the United States that is substantially	265
equivalent to any of the offenses or violations described in	266
division (A)(9)(a) of this section.	267

(10) On receipt of a request for a criminal records check	268
from an individual pursuant to section 4749.03 or 4749.06 of the	269
Revised Code, accompanied by a completed copy of the form	270
prescribed in division (C)(1) of this section and a set of	271
fingerprint impressions obtained in a manner described in division	272
(C)(2) of this section, the superintendent of the bureau of	273
criminal identification and investigation shall conduct a criminal	274
records check in the manner described in division (B) of this	275
section to determine whether any information exists indicating	276
that the person who is the subject of the request has been	277
convicted of or pleaded guilty to a felony in this state or in any	278
other state. If the individual indicates that a firearm will be	279
carried in the course of business, the superintendent shall	280
require information from the federal bureau of investigation as	281
described in division (B)(2) of this section. The superintendent	282
shall report the findings of the criminal records check and any	283
information the federal bureau of investigation provides to the	284
director of public safety.	285

(11) On receipt of a request pursuant to section 1322.03,	286
1322.031, or 4763.05 of the Revised Code, a completed form	287
prescribed pursuant to division (C)(1) of this section, and a set	288
of fingerprint impressions obtained in the manner described in	289
division (C)(2) of this section, the superintendent of the bureau	290
of criminal identification and investigation shall conduct a	291
criminal records check with respect to any person who has applied	292
for a license, permit, or certification from the department of	293
commerce or a division in the department. The superintendent shall	294
conduct the criminal records check in the manner described in	295
division (B) of this section to determine whether any information	296
exists that indicates that the person who is the subject of the	297
request previously has been convicted of or pleaded guilty to any	298
of the following: a violation of section 2913.02, 2913.11,	299
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	300
criminal offense involving theft, receiving stolen property,	301
embezzlement, forgery, fraud, passing bad checks, money	302
laundering, or drug trafficking, or any criminal offense involving	303
money or securities, as set forth in Chapters 2909., 2911., 2913.,	304
2915., 2921., 2923., and 2925. of the Revised Code; or any	305
existing or former law of this state, any other state, or the	306
United States that is substantially equivalent to those offenses.	307

(12) Not later than thirty days after the date the	308
superintendent receives the request, completed form, and	309
fingerprint impressions, the superintendent shall send the person,	310
board, or entity that made the request any information, other than	311
information the dissemination of which is prohibited by federal	312
law, the superintendent determines exists with respect to the	313
person who is the subject of the request that indicates that the	314
person previously has been convicted of or pleaded guilty to any	315
offense listed or described in division (A)(1), (2), (3), (4),	316
(5), (6), (7), (8), (9), or (10), or (11) of this section, as	317
appropriate. The superintendent shall send the person, board, or	318
entity that made the request a copy of the list of offenses	319
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	320
(9), or (10), or (11) of this section, as appropriate. If the	321
request was made under section 3701.881 of the Revised Code with	322
regard to an applicant who may be both responsible for the care,	323
custody, or control of a child and involved in providing direct	324
care to an older adult, the superintendent shall provide a list of	325
the offenses specified in divisions (A)(4) and (6) of this	326
section.	327

(B) The superintendent shall conduct any criminal records	328
check requested under section 121.08, 173.41, 1322.03, 1322.031,	329
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	330
3722.151, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.95,	331
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	332
Code as follows:	333

(1) The superintendent shall review or cause to be reviewed	334
any relevant information gathered and compiled by the bureau under	335
division (A) of section 109.57 of the Revised Code that relates to	336
the person who is the subject of the request, including any	337
relevant information contained in records that have been sealed	338
under section 2953.32 of the Revised Code;	339

(2) If the request received by the superintendent asks for	340
information from the federal bureau of investigation, the	341
superintendent shall request from the federal bureau of	342
investigation any information it has with respect to the person	343
who is the subject of the request and shall review or cause to be	344
reviewed any information the superintendent receives from that	345
bureau.	346

(3) The superintendent or the superintendent's designee may	347
request criminal history records from other states or the federal	348
government pursuant to the national crime prevention and privacy	349
compact set forth in section 109.571 of the Revised Code.	350