As Passed by the House

126th General Assembly
Regular Session
2005-2006
Am. Sub. S. B. No. 223


Senators Niehaus, Schuring, Spada, Mumper, Jacobson, Clancy, Armbruster, Coughlin, Hagan, Harris, Kearney, Miller, D., Roberts, Fedor, Zurz, Miller, R. 

Representatives Combs, Collier, Widener, McGregor, J., Cassell, Book, Calvert, Chandler, Domenick, Evans, C., Flowers, Gibbs, Gilb, Hoops, Hughes, Luckie, Patton, T., Perry, Reidelbach, Smith, G., Stewart, D., Yuko 

A BILL
To amend sections 121.04, 121.08, 169.01, 169.13,1
169.99, 1322.03, 1322.031, and 4763.05 and to 2
enact sections 169.14, 169.16, and 169.17 of the 3
Revised Code to statutorily recognize the Division 4
of Unclaimed Funds and the Office of5
Superintendent of Unclaimed Funds in the 6
Department of Commerce and to require the 7
registration of persons who, for compensation, 8
agree to locate or recover the unclaimed funds of 9
another.10


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

       Section 1. That sections 121.04, 121.08, 169.01, 169.13,11
169.99, 1322.03, 1322.031, and 4763.05 be amended and sections 12
169.14, 169.16, and 169.17 of the Revised Code be enacted to read 13
as follows:14

       Sec. 121.04.  Offices are created within the several15
departments as follows:16

       In the department of commerce:17

Commissioner of securities; 18
Superintendent of real estate and professional licensing; 19
Superintendent of financial institutions; 20
Fire marshal; 21
Superintendent of labor and worker safety; 22
Beginning on July 1, 1997, 23
Superintendent of liquor control; 24
Superintendent of industrial compliance; 25
Superintendent of unclaimed funds. 26

       In the department of administrative services:27

State architect and engineer; 28
Equal employment opportunity coordinator. 29

       In the department of agriculture:30

       Chiefs of divisions as follows:31

Administration; 32
Animal industry; 33
Dairy; 34
Food safety; 35
Plant industry; 36
Markets; 37
Meat inspection; 38
Consumer analytical laboratory; 39
Amusement ride safety; 40
Enforcement; 41
Weights and measures. 42

       In the department of natural resources:43

       Chiefs of divisions as follows:44

Water; 45
Mineral resources management; 46
Forestry; 47
Natural areas and preserves; 48
Wildlife; 49
Geological survey; 50
Parks and recreation; 51
Watercraft; 52
Recycling and litter prevention; 53
Soil and water conservation; 54
Real estate and land management; 55
Engineering. 56

       In the department of insurance:57

Deputy superintendent of insurance; 58
Assistant superintendent of insurance, technical; 59
Assistant superintendent of insurance, administrative; 60
Assistant superintendent of insurance, research. 61

       Sec. 121.08.  (A) There is hereby created in the department62
of commerce the position of deputy director of administration.63
This officer shall be appointed by the director of commerce, serve64
under the director's direction, supervision, and control, perform 65
the duties the director prescribes, and hold office during the66
director's pleasure. The director of commerce may designate an67
assistant director of commerce to serve as the deputy director of68
administration. The deputy director of administration shall69
perform the duties prescribed by the director of commerce in 70
supervising the activities of the division of administration of71
the department of commerce.72

       (B) Except as provided in section 121.07 of the Revised Code,73
the department of commerce shall have all powers and perform all74
duties vested in the deputy director of administration, the state 75
fire marshal, the superintendent of financial institutions, the 76
superintendent of real estate and professional licensing, the77
superintendent of liquor control, the superintendent of the78
division of industrial compliance, the superintendent of labor and79
worker safety, the superintendent of unclaimed funds, and the 80
commissioner of securities, and shall have all powers and perform 81
all duties vested by law in all officers, deputies, and employees 82
of those offices. Except as provided in section 121.07 of the 83
Revised Code, wherever powers are conferred or duties imposed upon 84
any of those officers, the powers and duties shall be construed as85
vested in the department of commerce.86

       (C)(1) There is hereby created in the department of commerce87
a division of financial institutions, which shall have all powers88
and perform all duties vested by law in the superintendent of89
financial institutions. Wherever powers are conferred or duties90
imposed upon the superintendent of financial institutions, those91
powers and duties shall be construed as vested in the division of92
financial institutions. The division of financial institutions93
shall be administered by athe superintendent of financial94
institutions.95

       (2) All provisions of law governing the superintendent of96
financial institutions shall apply to and govern the97
superintendent of financial institutions provided for in this98
section; all authority vested by law in the superintendent of99
financial institutions with respect to the management of the100
division of financial institutions shall be construed as vested in101
the superintendent of financial institutions created by this102
section with respect to the division of financial institutions103
provided for in this section; and all rights, privileges, and104
emoluments conferred by law upon the superintendent of financial105
institutions shall be construed as conferred upon the106
superintendent of financial institutions as head of the division107
of financial institutions. The director of commerce shall not108
transfer from the division of financial institutions any of the109
functions specified in division (C)(2) of this section.110

       (D) There is hereby created in the department of commerce a 111
division of liquor control, which shall have all powers and 112
perform all duties vested by law in the superintendent of liquor113
control. Wherever powers are conferred or duties are imposed upon 114
the superintendent of liquor control, those powers and duties 115
shall be construed as vested in the division of liquor control. 116
The division of liquor control shall be administered by athe117
superintendent of liquor control.118

       (E) The director of commerce shall not be interested,119
directly or indirectly, in any firm or corporation which is a120
dealer in securities as defined in sections 1707.01 and 1707.14 of121
the Revised Code, or in any firm or corporation licensed under122
sections 1321.01 to 1321.19 of the Revised Code.123

       (F) The director of commerce shall not have any official124
connection with a savings and loan association, a savings bank, a125
bank, a bank holding company, a savings and loan association126
holding company, a consumer finance company, or a credit union127
that is under the supervision of the division of financial128
institutions, or a subsidiary of any of the preceding entities, or129
be interested in the business thereof.130

       (G) There is hereby created in the state treasury the131
division of administration fund. The fund shall receive132
assessments on the operating funds of the department of commerce133
in accordance with procedures prescribed by the director of134
commerce and approved by the director of budget and management.135
All operating expenses of the division of administration shall be136
paid from the division of administration fund.137

       (H) There is hereby created in the department of commerce a138
division of real estate and professional licensing, which shall be139
under the control and supervision of the director of commerce. The 140
division of real estate and professional licensing shall be141
administered by athe superintendent of real estate and 142
professional licensing. The superintendent of real estate and143
professional licensing shall exercise the powers and perform the 144
functions and duties delegated to the superintendent under 145
Chapters 4735., 4763., and 4767. of the Revised Code.146

       (I) There is hereby created in the department of commerce a147
division of labor and worker safety, which shall have all powers148
and perform all duties vested by law in the superintendent of149
labor and worker safety. Wherever powers are conferred or duties150
imposed upon the superintendent of labor and worker safety, those151
powers and duties shall be construed as vested in the division of152
labor and worker safety. The division of labor and worker safety 153
shall be under the control and supervision of the director of 154
commerce and be administered by athe superintendent of labor and 155
worker safety. The superintendent of labor and worker safety shall 156
exercise the powers and perform the duties delegated to the 157
superintendent by the director under Chapters 4109., 4111., and 158
4115. of the Revised Code.159

       (J) There is hereby created in the department of commerce a160
division of unclaimed funds, which shall have all powers and161
perform all duties delegated to or vested by law in the162
superintendent of unclaimed funds. Wherever powers are conferred163
or duties imposed upon the superintendent of unclaimed funds,164
those powers and duties shall be construed as vested in the165
division of unclaimed funds. The division of unclaimed funds shall 166
be under the control and supervision of the director of commerce 167
and shall be administered by the superintendent of unclaimed 168
funds. The superintendent of unclaimed funds shall exercise the 169
powers and perform the functions and duties delegated to the 170
superintendent by the director of commerce under section 121.07 171
and Chapter 169. of the Revised Code, and as may otherwise be 172
provided by law.173

       (K) The department of commerce or a division of the 174
department created by the Revised Code that is acting with 175
authorization on the department's behalf may request from the 176
bureau of criminal identification and investigation pursuant to 177
section 109.572 of the Revised Code, or coordinate with 178
appropriate federal, state, and local government agencies to 179
accomplish, criminal records checks for the persons whose 180
identities are required to be disclosed by an applicant for the 181
issuance or transfer of a permit, license, certificate of 182
registration, or certification issued or transferred by the 183
department or division. At or before the time of making a request 184
for a criminal records check, the department or division may 185
require any person whose identity is required to be disclosed by 186
an applicant for the issuance or transfer of such a license, 187
permit, certificate of registration, or certification to submit to188
the department or division valid fingerprint impressions in a 189
format and by any media or means acceptable to the bureau of 190
criminal identification and investigation and, when applicable, 191
the federal bureau of investigation. The department or division 192
may cause the bureau of criminal identification and investigation 193
to conduct a criminal records check through the federal bureau of194
investigation only if the person for whom the criminal records195
check would be conducted resides or works outside of this state or196
has resided or worked outside of this state during the preceding197
five years, or if a criminal records check conducted by the bureau198
of criminal identification and investigation within this state199
indicates that the person may have a criminal record outside of200
this state.201

        In the case of a criminal records check under section 109.572 202
of the Revised Code, the department or division shall forward to 203
the bureau of criminal identification and investigation the 204
requisite form, fingerprint impressions, and fee described in 205
division (C) of that section. When requested by the department or 206
division in accordance with this section, the bureau of criminal 207
identification and investigation shall request from the federal 208
bureau of investigation any information it has with respect to the 209
person who is the subject of the requested criminal records check 210
and shall forward the requisite fingerprint impressions and211
information to the federal bureau of investigation for that212
criminal records check. After conducting a criminal records check213
or receiving the results of a criminal records check from the214
federal bureau of investigation, the bureau of criminal215
identification and investigation shall provide the results to the216
department or division.217

        The department or division may require any person about whom 218
a criminal records check is requested to pay to the department or 219
division the amount necessary to cover the fee charged to the 220
department or division by the bureau of criminal identification 221
and investigation under division (C)(3) of section 109.572 of the 222
Revised Code, including, when applicable, any fee for a criminal 223
records check conducted by the federal bureau of investigation.224

       Sec. 169.01.  As used in this chapter, unless the context225
otherwise requires:226

       (A) "Financial organization" means any bank, trust company,227
savings bank, safe deposit company, mutual savings bank without228
mutual stock, savings and loan association, credit union, or229
investment company.230

       (B)(1) "Unclaimed funds" means any moneys, rights to moneys,231
or intangible property, described in section 169.02 of the Revised232
Code, when, as shown by the records of the holder, the owner has233
not, within the times provided in section 169.02 of the Revised234
Code, done any of the following:235

       (a) Increased, decreased, or adjusted the amount of such236
funds;237

       (b) Assigned, paid premiums, or encumbered such funds;238

       (c) Presented an appropriate record for the crediting of such 239
funds or received payment of such funds by check, draft, or240
otherwise;241

       (d) Corresponded with the holder concerning such funds;242

       (e) Otherwise indicated an interest in or knowledge of such243
funds;244

       (f) Transacted business with the holder.245

       (2) "Unclaimed funds" does not include any of the following:246

       (a) Money received or collected under section 9.39 of the247
Revised Code;248

       (b) Any payment or credit due to a business association from249
a business association representing sums payable to suppliers, or250
payment for services rendered, in the course of business,251
including, but not limited to, checks or memoranda, overpayments,252
unidentified remittances, nonrefunded overcharges, discounts,253
refunds, and rebates;254

       (c) Any payment or credit received by a business association255
from a business association for tangible goods sold, or services256
performed, in the course of business, including, but not limited257
to, checks or memoranda, overpayments, unidentified remittances,258
nonrefunded overcharges, discounts, refunds, and rebates;259

       (d) Any credit due a retail customer that is represented by a260
gift certificate, gift card, merchandise credit, or merchandise261
credit card, redeemable only for merchandise.262

       For purposes of divisions (B)(2)(b) and (c) of this section,263
"business association" means any corporation, joint venture,264
business trust, limited liability company, partnership,265
association, or other business entity composed of one or more266
individuals, whether or not the entity is for profit.267

       (C) "Owner" means any person, or the person's legal268
representative, entitled to receive or having a legal or equitable269
interest in or claim against moneys, rights to moneys, or other270
intangible property, subject to this chapter.271

       (D)(1) "Holder" means any person that has possession,272
custody, or control of moneys, rights to moneys, or other273
intangible property, or that is indebted to another, if any of the274
following applies:275

       (a) Such person resides in this state;276

       (b) Such person is formed under the laws of this state;277

       (c) Such person is formed under the laws of the United States 278
and has an office or principal place of business in this state;279

       (d) The records of such person indicate that the last known280
address of the owner of such moneys, rights to moneys, or other281
intangible property is in this state;282

       (e) The records of such person do not indicate the last known 283
address of the owner of the moneys, rights to moneys, or other 284
intangible property and the entity originating or issuing the 285
moneys, rights to moneys, or other intangible property is this286
state or any political subdivision of this state, or is287
incorporated, organized, created, or otherwise located in this288
state. Division (D)(1)(e) of this section applies to all moneys,289
rights to moneys, or other intangible property that is in the290
possession, custody, or control of such person on or after July291
22, 1994, whether the moneys, rights to moneys, or other292
intangible property becomes unclaimed funds prior to or on or293
after that date.294

       (2) "Holder" does not mean any hospital granted tax-exempt295
status under section 501(c)(3) of the Internal Revenue Code or any296
hospital owned or operated by the state or by any political297
subdivision. Any entity in order to be exempt from the definition298
of "holder" pursuant to this division shall make a reasonable,299
good-faith effort to contact the owner of the unclaimed funds.300

       (E) "Person" includes a natural person; corporation, whether301
for profit or not for profit; copartnership; unincorporated302
association or organization; public authority; estate; trust; two303
or more persons having a joint or common interest; eleemosynary304
organization; fraternal or cooperative association; other legal or305
community entity; the United States government, including any306
district, territory, possession, officer, agency, department,307
authority, instrumentality, board, bureau, or court; or any state308
or political subdivision thereof, including any officer, agency,309
board, bureau, commission, division, department, authority, court,310
or instrumentality.311

       (F) "Mortgage funds" means the mortgage insurance fund312
created by section 122.561 of the Revised Code, and the housing313
guarantee fund created by division (D) of section 128.11 of the314
Revised Code.315

       (G) "Lawful claims" means any vested right a holder of316
unclaimed funds has against the owner of such unclaimed funds.317

       (H) "Public utility" means any entity defined as such by318
division (A) of section 745.01 or by section 4905.02 of the319
Revised Code.320

       (I) "Deposit" means to place money in the custody of a321
financial organization for the purpose of establishing an322
income-bearing account by purchase or otherwise.323

       (J) "Income-bearing account" means a time or savings account, 324
whether or not evidenced by a certificate of deposit, or an 325
investment account through which investments are made solely in326
obligations of the United States or its agencies or327
instrumentalities or guaranteed as to principal and interest by328
the United States or its agencies or instrumentalities, debt329
securities rated as investment grade by at least two nationally330
recognized rating services, debt securities which the director of331
commerce has determined to have been issued for the safety and332
welfare of the residents of this state, and equity interests in333
mutual funds that invest solely in some or all of the above-listed334
securities and involve no general liability, without regard to335
whether income earned on such accounts, securities, or interests336
is paid periodically or at the end of a term.337

       (K) "Director of commerce" may be read as the "division of338
unclaimed funds" or the "superintendent of unclaimed funds."339

       Sec. 169.13.  (A)(1) All agreements to pay a fee,340
compensation, commission, or other remuneration to locate,341
deliver, recover, or assist in the recovery of unclaimed funds342
reported under section 169.03 of the Revised Code, entered into343
within two years immediately after the date a report is filed344
under division (C) of section 169.03 of the Revised Code, are345
invalid.346

       (2) A person interested in entering into an agreement to 347
locate, deliver, recover, or assist in the recovery of unclaimed 348
funds for remuneration shall not initiate any contact with an 349
owner during the two-year period immediately after the date a 350
report is filed under division (C) of section 169.03 of the 351
Revised Code. Failure to comply with this requirement is grounds 352
for the invalidation of any such agreement between the person and 353
the owner.354

       (B) An agreement entered into any time after such two-year355
period is valid only if bothall of the following conditions are 356
met:357

       (1) The aggregate fee, compensation, commission, or other358
remuneration agreed upon, paid directly or indirectly, is not in359
excess of ten per cent of the amount recovered and paid to the360
owner by the auditor of state;361

       (2) The agreement is in writing, signed by the owner, and 362
notarized and discloses all of the following items:363

       (a) The name, address, and telephone number of the owner, as 364
shown by the records of the person or entity in possession of the 365
unclaimed funds or contents of a safe deposit box;366

       (b) The name, address, and telephone number of the owner if 367
the owner's name, address, or telephone number are different from 368
the name, address, or telephone number of the owner as shown by 369
the records of the person or entity in possession of the unclaimed 370
funds or contents of a safe deposit box;371

       (c) The nature and value of the propertyunclaimed funds or 372
contents of a safe deposit box;373

       (b)(d) The amount the owner will receive after the fee or374
compensation has been subtracted;375

       (c)(e) The name and address of the person or entity in376
possession of the propertyunclaimed funds or contents of a safe 377
deposit box;378

       (f) That the auditor of state will pay the unclaimed funds 379
directly to the owner or the director shall deliver the contents 380
of a safe deposit box directly to the owner;381

        (g) That the person agreeing to locate, deliver, recover, or382
assist in the recovery of the unclaimed funds or contents of a 383
safe deposit box is not an employee or agent of the director of 384
commerce;385

        (h) That the director is not a party to the agreement;386

        (i) That the person agreeing to locate, deliver, recover, or 387
assist in the recovery of the unclaimed funds or contents of a 388
safe deposit box holds a valid certificate of registration issued 389
by the director under section 169.16 of the Revised Code;390

        (j) The number designated on that certificate of registration 391
and the date the certificate of registration expires.392

       (3) No agreement described in division (B)(2) of this section 393
shall include a power of attorney for the payment of the unclaimed 394
funds or delivery of the contents of a safe deposit box to any 395
person other than the owner of the unclaimed funds or contents of 396
a safe deposit box.397

        (4) If the agreement involves recovery of the contents of a 398
safe deposit box, the agreement stipulates that the person 399
receiving any fee, compensation, commission, or other remuneration 400
for engaging in any activity for the purpose of locating, 401
delivering, recovering, or assisting in the recovery of unclaimed 402
funds or other items stored in a safe deposit box on behalf of any 403
other person shall do all of the following:404

        (a) Make arrangements to have an appraiser and the director 405
of commerce view the contents of the safe deposit box together, at 406
a time mutually agreeable to the appraiser and director;407

       (b) State that the value of the property in the safe deposit 408
box is the amount established by the appraiser who viewed the safe 409
deposit box contents;410

        (c) Base the fee, compensation, commission, or other 411
remuneration for locating, delivering, recovering, or assisting in 412
the recovery of unclaimed funds or other items stored in a safe 413
deposit box on the appraised value established by the appraiser 414
who viewed the safe deposit box contents.415

       (C) No person shall receive a fee, compensation, commission,416
or other remuneration, or engage in any activity for the purpose417
of locating, delivering, recovering, or assisting in the recovery418
of unclaimed funds or contents of a safe deposit box, under an 419
agreement that is invalid under this section.420

       (D) Whoever violates division (C) of this section is guilty421
of a misdemeanor of the first degree for a first offense and of a422
felony of the fifth degree for each subsequent offenseA person 423
who receives any fee, compensation, commission, or other 424
remuneration for engaging in any activity for the purpose of 425
locating, delivering, recovering, or assisting in the recovery of 426
unclaimed funds or other items stored in a safe deposit box on 427
behalf of any other person cannot function as an appraiser of the 428
contents of the safe deposit box for purposes of division (B)(4) 429
of this section.430

       (E) The director shall not recognize or make any delivery and 431
the auditor of state shall not make any payment pursuant to any 432
power of attorney between an owner of the unclaimed funds or 433
contents of a safe deposit box and the person with whom the owner 434
entered into an agreement pursuant to division (B)(2) of this 435
section to locate, deliver, recover, or assist in the recovery of 436
the unclaimed funds or contents of a safe deposit box if that 437
power of attorney is entered into on or after the effective date 438
of this amendment and that power of attorney specifically provides 439
for the payment of unclaimed funds or delivery of the contents of 440
a safe deposit box to any person other than the owner of the 441
unclaimed funds or contents of a safe deposit box. Nothing in this 442
section shall be construed as prohibiting the payment of unclaimed 443
funds or delivery of the contents of a safe deposit box to the 444
legal representative of the owner of the unclaimed funds or 445
contents of the safe deposit box. Notwithstanding the definition 446
of "owner" specified in division (C) of section 169.01 of the 447
Revised Code, for purposes of the payment of unclaimed funds or 448
delivery of the contents of the safe deposit box, a person with 449
whom an owner entered into an agreement under division (B)(2) of 450
this section is not a legal representative.451

       Sec. 169.14. (A) Each person that files a claim with the452
director of commerce, pursuant to an agreement entered into under453
section 169.13 of the Revised Code, shall include with that claim454
the number designated on the certificate of registration that is455
issued to the person under section 169.16 of the Revised Code.456

        (B) The division of unclaimed funds shall not process any457
claim described in division (A) of this section that does not458
include the required certificate of registration number.459

       Sec. 169.16. (A) No person, on behalf of any other person,460
shall engage in any activity for the purpose of locating,461
delivering, recovering, or assisting in the recovery of unclaimed462
funds or contents of a safe deposit box, and receive a fee, 463
compensation, commission, or other remuneration for such activity, 464
without first having obtained a certificate of registration from 465
the director of commerce in accordance with this section.466

        (B) An application for a certificate of registration shall be 467
in writing and in the form prescribed by the director. The468
application shall be accompanied by a recent full-face color469
photograph of the applicant and notarized character reference470
letters from two reputable character witnesses. The application471
shall, at a minimum, provide all of the following:472

        (1) The applicant's full name, home address, and work473
address;474

        (2) The name, address, and telephone number of the two475
character witnesses who have provided the character reference476
letters;477

        (3) A statement that the applicant has not, during the478
ten-year period immediately preceding the submission of the479
application, violated division (A) of this section on or after the 480
effective date of this section, or division (C) of section 169.13 481
of the Revised Code, or been convicted of, or pleaded guilty to, 482
any felony or any offense involving moral turpitude, including 483
theft, attempted theft, falsification, tampering with records, 484
securing writings by deception, fraud, forgery, and perjury;485

        (4) The notarized signature of the applicant immediately486
following an acknowledgment that any false or perjured statement487
subjects the applicant to criminal liability under section 2921.13488
of the Revised Code.489

        (C) Upon the filing of the application with the division of490
unclaimed funds, the division may investigate the applicant to491
verify the information provided in the application and to492
determine the applicant's eligibility for a certificate of493
registration under this section. False information on an494
application is grounds for the denial or revocation of the495
applicant's certificate of registration.496

        (D) The director shall issue a certificate of registration to 497
an applicant if the director finds that the following conditions 498
are met:499

        (1) The applicant has not, during the ten-year period500
immediately preceding the submission of the application, violated501
division (A) of this section on or after the effective date of 502
this section, or division (C) of section 169.13 of the Revised 503
Code, or been convicted of, or pleaded guilty to, any felony or 504
any offense involving moral turpitude, including theft, attempted 505
theft, falsification, tampering with records, securing writings by 506
deception, fraud, forgery, and perjury.507

        (2) The applicant's character and general fitness command the 508
confidence of the public and warrant the belief that the509
applicant's business will be conducted honestly and fairly.510

        (E) The certificate of registration issued pursuant to511
division (D) of this section may be renewed annually if the512
director finds that the following conditions are met:513

        (1) The applicant submits a renewal application form514
prescribed by the director.515

        (2) The applicant meets the conditions set forth in division 516
(D) of this section.517

        (3) The applicant's certificate of registration is not518
subject to an order of revocation by the director.519

       Sec. 169.17. (A) After notice and an opportunity for a520
hearing conducted in accordance with Chapter 119. of the Revised521
Code, the director of commerce shall revoke or refuse to issue or522
renew a certificate of registration if the director finds either 523
of the following:524

       (1) During the immediately preceding ten-year period, the 525
person violated division (A) of section 169.16 on or after the 526
effective date of this section, or division (C) of section 169.13 527
of the Revised Code, or has been convicted of, or pleaded guilty 528
to, any felony or any offense involving moral turpitude, including 529
theft, attempted theft, falsification, tampering with records, 530
securing writings by deception, fraud, forgery, and perjury.531

       (2) The person's character and general fitness do not command 532
the confidence of the public or warrant the belief that the 533
person's business will be conducted honestly and fairly.534

        (B) The director may investigate alleged violations of535
division (C) of section 169.13 or division (A) of section 169.16536
of the Revised Code or complaints concerning any such violation.537
The director may make application to the court of common pleas for538
an order enjoining any such violation and, upon a showing by the539
director that a person has committed or is about to commit such a540
violation, the court shall grant an injunction, restraining order,541
or other appropriate relief.542

        (C) In conducting any investigation pursuant to this section, 543
the director may compel, by subpoena, witnesses to testify in 544
relation to any matter over which the director has jurisdiction 545
and may require the production of any book, record, or other 546
document pertaining to that matter. If a person fails to file any 547
statement or report, obey any subpoena, give testimony, produce 548
any book, record, or other document as required by a subpoena, or 549
permit photocopying of any book, record, or other document 550
subpoenaed, the court of common pleas of any county in this state, 551
upon application made to it by the director, shall compel 552
obedience by attachment proceedings for contempt, as in the case 553
of disobedience of the requirements of a subpoena issued from the 554
court or a refusal to testify therein.555

        (D) If the director determines that a person is engaged in or 556
is believed to be engaged in activities that may constitute a557
violation of division (C) of section 169.13 or division (A) of558
section 169.16 of the Revised Code, the director, after notice and559
a hearing conducted in accordance with Chapter 119. of the Revised560
Code, may issue a cease and desist order. Such an order shall be561
enforceable in the court of common pleas.562

       Sec. 169.99. (A) Whoever violates section 169.10 of the563
Revised Code shall be fined not more than five hundred dollars.564
Each day of continuance of such violation is a separate offense.565

       (B) Whoever violates division (C) of section 169.13 or566
division (A) of section 169.16 of the Revised Code is guilty of a567
misdemeanor of the first degree for a first offense and of a568
felony of the fifth degree for any subsequent offense.569

       Sec. 1322.03.  (A) An application for a certificate of570
registration as a mortgage broker shall be in writing, under oath,571
and in the form prescribed by the superintendent of financial572
institutions. The application shall be accompanied by a573
nonrefundable application fee of three hundred fifty dollars for574
each location of an office to be maintained by the applicant in575
accordance with division (A) of section 1322.02 of the Revised576
Code; however, an applicant that is registered under sections577
1321.51 to 1321.60 of the Revised Code shall not be required to578
pay an application fee. The application shall provide all of the579
following:580

       (1) The location or locations where the business is to be581
transacted and whether any location is a residence. If any582
location where the business is to be transacted is a residence,583
the application shall be accompanied by a certified copy of a584
zoning permit authorizing the use of the residence for commercial585
purposes, or shall be accompanied by a written opinion or other586
document issued by the county or political subdivision where the587
residence is located certifying that the use of the residence to588
transact business as a mortgage broker is not prohibited by the589
county or political subdivision. The application also shall be590
accompanied by a photograph of each location at which the business591
will be transacted.592

       (2)(a) In the case of a sole proprietor, the name and address 593
of the sole proprietor;594

       (b) In the case of a partnership, the name and address of595
each partner;596

       (c) In the case of a corporation, the name and address of597
each shareholder owning five per cent or more of the corporation;598

       (d) In the case of any other entity, the name and address of599
any person that owns five per cent or more of the entity that will600
transact business as a mortgage broker.601

       (3) If the applicant is a partnership, corporation, limited602
liability company, or any other business entity or association,603
the applicant shall designate an employee or owner of the604
applicant as the applicant's operations manager. While acting as605
the operations manager, the employee or owner shall not be606
employed by any other mortgage broker.607

       (4) Evidence that the sole proprietor or the person608
designated on the application pursuant to division (A)(3) of this609
section, as applicable, possesses at least three years of610
experience in the mortgage and lending field, which experience may611
include employment with or as a mortgage broker or with a612
financial institution, mortgage lending institution, or other613
lending institution, or possesses at least three years of other614
experience related specifically to the business of mortgage loans615
that the superintendent determines meets the requirements of616
division (A)(4) of this section;617

       (5) On or after January 1, 2007, evidence that the sole 618
proprietor or the person designated on the application pursuant to 619
division (A)(3) of this section has successfully completed either 620
of the following:621

       (a) At least twenty-four hours of live classroom instruction 622
in a course or program of study approved by the superintendent 623
that consists of at least all of the following:624

       (i) Four hours of instruction concerning state and federal 625
mortgage lending laws, which shall include no less than two hours 626
on this chapter;627

       (ii) Four hours of instruction concerning the Ohio consumer 628
sales practices act, Chapter 1345. of the Revised Code, as it 629
applies to registrants and licensees;630

       (iii) Four hours of instruction concerning the loan 631
application process;632

       (iv) Two hours of instruction concerning the underwriting 633
process;634

       (v) Two hours of instruction concerning the secondary market 635
for mortgage loans;636

       (vi) Four hours of instruction concerning the loan closing 637
process;638

       (vii) Two hours of instruction covering basic mortgage 639
financing concepts and terms;640

       (viii) Two hours of instruction concerning the ethical 641
responsibilities of a registrant, including with respect to 642
confidentiality, consumer counseling, and the duties and standards 643
of care created in section 1322.081 of the Revised Code.644

       (b) Other post-secondary education related specifically to 645
the business of mortgage loans that the superintendent determines 646
meets the requirements of division (A)(5)(a) of this section.647

       Division (A)(5) of this section does not apply to any 648
applicant who has an application on file with the division of 649
financial institutions prior to January 1, 2007. 650

       The evidence submitted by the applicant pursuant to division 651
(A)(5) of this section may be in the form of transcripts or a 652
statement indicating that the applicant has, and will maintain, 653
transcripts at the applicant's place of business for a period of 654
five years for inspection by the superintendent at the 655
superintendent's request.656

       (6) Evidence of compliance with the surety bond requirements657
of section 1322.05 of the Revised Code and with sections 1322.01658
to 1322.12 of the Revised Code;659

       (7) In the case of a foreign business entity, evidence that660
it maintains a license or registration pursuant to Chapter 1703.,661
1705., 1775., 1777., 1782., or 1783. of the Revised Code to662
transact business in this state;663

       (8) A statement as to whether the applicant or, to the best664
of the applicant's knowledge, any shareholder, member, partner,665
operations manager, or employee of the applicant has been666
convicted of or pleaded guilty to any criminal offense involving667
theft, receiving stolen property, embezzlement, forgery, fraud,668
passing bad checks, money laundering, or drug trafficking, or any669
criminal offense involving money or securities;670

       (9) A statement as to whether the applicant or, to the best671
of the applicant's knowledge, any shareholder, member, partner,672
operations manager, or employee of the applicant has been subject673
to any adverse judgment for conversion, embezzlement,674
misappropriation of funds, fraud, misfeasance or malfeasance, or675
breach of fiduciary duty;676

       (10) Evidence that the applicant's operations manager has677
successfully completed the examination required under division (A)678
of section 1322.051 of the Revised Code;679

       (11) Any further information that the superintendent680
requires.681

       (B) Upon the filing of the application and payment of the682
application fee, the superintendent of financial institutions 683
shall investigate the applicant as set forth in division (B) of 684
this section.685

       (1) The superintendent shall request the superintendent of 686
the bureau of criminal identification and investigation, or a 687
vendor approved by the bureau, to conduct a criminal records check 688
based on the applicant's fingerprints in accordance with division 689
(A)(11) of section 109.572 of the Revised Code. Notwithstanding 690
division (J)(K) of section 121.08 of the Revised Code, the 691
superintendent of financial institutions shall request that 692
criminal record information from the federal bureau of 693
investigation be obtained as part of the criminal records check. 694
Any fee required under division (C)(3) of section 109.572 of the 695
Revised Code shall be paid by the applicant.696

       (2) The superintendent shall conduct a civil records check. 697

       (3) If, in order to issue a certificate of registration to an 698
applicant, additional investigation by the superintendent outside 699
this state is necessary, the superintendent may require the 700
applicant to advance sufficient funds to pay the actual expenses 701
of the investigation, if it appears that these expenses will 702
exceed three hundred fifty dollars. The superintendent shall703
provide the applicant with an itemized statement of the actual704
expenses that the applicant is required to pay.705

       (C) The superintendent shall pay all funds advanced and 706
application and renewal fees and penalties the superintendent 707
receives pursuant to this section and section 1322.04 of the 708
Revised Code to the treasurer of state to the credit of the709
consumer finance fund created in section 1321.21 of the Revised710
Code.711

       (D) If an application for a certificate of registration does712
not contain all of the information required under division (A) of713
this section, and if that information is not submitted to the714
superintendent within ninety days after the superintendent715
requests the information in writing, the superintendent may716
consider the application withdrawn.717

       (E) A certificate of registration and the authority granted718
under that certificate is not transferable or assignable and719
cannot be franchised by contract or any other means.720

       (F) The registration requirements of this chapter apply to 721
any person acting as a mortgage broker, and no person is exempt 722
from the requirements of this chapter on the basis of prior work 723
or employment as a mortgage broker.724

       Sec. 1322.031. (A) An application for a license as a loan725
officer shall be in writing, under oath, and in the form726
prescribed by the superintendent of financial institutions. The727
application shall be accompanied by a nonrefundable application728
fee of one hundred dollars and shall provide all of the following:729

       (1) The name and address of the applicant;730

       (2) A statement as to whether the applicant has been731
convicted of or pleaded guilty to any criminal offense involving732
theft, receiving stolen property, embezzlement, forgery, fraud,733
passing bad checks, money laundering, or drug trafficking, or any734
criminal offense involving money or securities;735

       (3) A statement as to whether the applicant has been subject736
to an adverse judgment for conversion, embezzlement,737
misappropriation of funds, fraud, misfeasance or malfeasance, or738
breach of fiduciary duty;739

       (4) For loan officer applications submitted on or after 740
January 1, 2007, proof, as determined by the superintendent, that 741
the applicant has successfully completed at least twenty-four 742
hours of live classroom instruction in a course or program of 743
study approved by the superintendent that consists of at least all 744
of the following:745

       (a) Four hours of instruction concerning state and federal 746
mortgage lending laws, which shall include no less than two hours 747
on this chapter;748

       (b) Four hours of instruction concerning the Ohio consumer 749
sales practices act, Chapter 1345. of the Revised Code, as it 750
applies to registrants and licensees;751

       (c) Four hours of instruction concerning the loan application 752
process;753

       (d) Two hours of instruction concerning the underwriting 754
process;755

       (e) Two hours of instruction concerning the secondary market 756
for mortgage loans;757

       (f) Four hours of instruction concerning the loan closing 758
process;759

       (g) Two hours of instruction covering basic mortgage 760
financing concepts and terms;761

       (h) Two hours of instruction concerning the ethical 762
responsibilities of a licensee, including with respect to 763
confidentiality, consumer counseling, and the duties and standards 764
of care created in section 1322.081 of the Revised Code.765

       Division (A)(4) of this section does not apply to any 766
applicant who has an application on file with the division of 767
financial institutions prior to January 1, 2007.768

       The proof submitted by the applicant pursuant to division 769
(A)(4) of this section may be in the form of transcripts or a 770
statement indicating that the applicant has, and will maintain, 771
transcripts at the applicant's place of business for a period of 772
five years for inspection by the superintendent at the 773
superintendent's request.774

       (5) Any further information that the superintendent requires.775

       (B) Upon the filing of the application and payment of the776
application fee, the superintendent of financial institutions 777
shall investigate the applicant as set forth in division (B) of 778
this section. 779

        (1) The superintendent shall request the superintendent of 780
the bureau of criminal identification and investigation, or a 781
vendor approved by the bureau, to conduct a criminal records check 782
based on the applicant's fingerprints in accordance with division 783
(A)(11) of section 109.572 of the Revised Code. Notwithstanding 784
division (J)(K) of section 121.08 of the Revised Code, the 785
superintendent of financial institutions shall request that 786
criminal record information from the federal bureau of 787
investigation be obtained as part of the criminal records check. 788
Any fee required under division (C)(3) of section 109.572 of the 789
Revised Code shall be paid by the applicant.790

       (2) The superintendent shall conduct a civil records check. 791

       (3) If, in order to issue a license to an applicant, 792
additional investigation by the superintendent outside this state 793
is necessary, the superintendent may require the applicant to 794
advance sufficient funds to pay the actual expenses of the 795
investigation, if it appears that these expenses will exceed one 796
hundred dollars. The superintendent shall provide the applicant 797
with an itemized statement of the actual expenses that the 798
applicant is required to pay.799

       (C) The superintendent shall pay all funds advanced and 800
application and renewal fees and penalties the superintendent 801
receives pursuant to this section and section 1322.041 of the 802
Revised Code to the treasurer of state to the credit of the803
consumer finance fund created in section 1321.21 of the Revised804
Code.805

       (D) If an application for a license does not contain all of806
the information required under division (A) of this section, and807
if that information is not submitted to the superintendent within808
ninety days after the superintendent requests the information in809
writing, the superintendent may consider the application810
withdrawn.811

       (E)(1) The business of a loan officer shall principally be812
transacted at an office of the employing mortgage broker, which813
office is registered in accordance with division (A) of section814
1322.02 of the Revised Code. Each original license shall be815
deposited with and maintained by the employing mortgage broker at816
the mortgage broker's main office. A copy of the license shall be817
maintained and displayed at the office where the loan officer818
principally transacts business.819

       (2) If a loan officer's employment is terminated, the820
mortgage broker shall return the original license to the821
superintendent within five business days after the termination.822
The licensee may request the transfer of the license to another823
mortgage broker by submitting a relocation application, along with824
a fifteen dollar fee, to the superintendent or may request the825
superintendent in writing to hold the license in escrow for a826
period not to exceed one year. Any licensee whose license is held827
in escrow shall cease activity as a loan officer.828

       A mortgage broker may employ a loan officer on a temporary829
basis pending the transfer of the loan officer's license to the830
mortgage broker, if the mortgage broker receives written831
confirmation from the superintendent that the loan officer is832
licensed under sections 1322.01 to 1322.12 of the Revised Code.833

       (F) A license, or the authority granted under that license,834
is not assignable and cannot be franchised by contract or any835
other means.836

       Sec. 4763.05. (A)(1)(a) A person shall make application for837
an initial state-certified general real estate appraiser838
certificate, an initial state-certified residential real estate 839
appraiser certificate, an initial state-licensed residential real 840
estate appraiser license, or an initial state-registered real 841
estate appraiser assistant registration in writing to the 842
superintendent of real estate on a form the superintendent 843
prescribes. The application shall include the address of the 844
applicant's principal place of business and all other addresses at 845
which the applicant currently engages in the business of preparing 846
real estate appraisals and the address of the applicant's current 847
residence. The superintendent shall retain the applicant's current 848
residence address in a separate record which shall not constitute 849
a public record for purposes of section 149.03 of the Revised 850
Code. The application shall indicate whether the applicant seeks851
certification as a general real estate appraiser or as a852
residential real estate appraiser, licensure as a residential real853
estate appraiser, or registration as a real estate appraiser854
assistant and be accompanied by the prescribed examination and855
certification, registration, or licensure fees set forth in856
section 4763.09 of the Revised Code. The application also shall857
include a fingerprint of the applicant; a pledge, signed by the 858
applicant, that the applicant will comply with the standards set 859
forth in this chapter; and a statement that the applicant860
understands the types of misconduct for which disciplinary 861
proceedings may be initiated against the applicant pursuant to 862
this chapter.863

       (b) Upon the filing of an application and payment of any 864
examination and certification, registration, or licensure fees, 865
the superintendent of real estate shall request the superintendent 866
of the bureau of criminal identification and investigation, or a 867
vendor approved by the bureau, to conduct a criminal records check 868
based on the applicant's fingerprints in accordance with division 869
(A)(11) of section 109.572 of the Revised Code. Notwithstanding 870
division (J)(K) of section 121.08 of the Revised Code, the 871
superintendent of real estate shall request that criminal record 872
information from the federal bureau of investigation be obtained 873
as part of the criminal records check. Any fee required under 874
division (C)(3) of section 109.572 of the Revised Code shall be 875
paid by the applicant.876

       (2) For purposes of providing funding for the real estate877
appraiser recovery fund established by section 4763.16 of the878
Revised Code, the real estate appraiser board shall levy an879
assessment against each person issued an initial certificate,880
registration, or license and against current licensees,881
registrants, and certificate holders, as required by board rule.882
The assessment is in addition to the application and examination883
fees for initial applicants required by division (A)(1) of this884
section and the renewal fees required for current certificate885
holders, registrants, and licensees. The superintendent of real 886
estate shall deposit the assessment into the state treasury to the 887
credit of the real estate appraiser recovery fund. The assessment 888
for initial certificate holders, registrants, and licensees shall 889
be paid prior to the issuance of a certificate, registration, or890
license, and for current certificate holders, registrants, and891
licensees, at the time of renewal.892

       (B) An applicant for an initial general real estate appraiser893
certificate shall possess at least thirty months of experience in 894
real estate appraisal, or any equivalent experience the board 895
prescribes. An applicant for a residential real estate appraiser 896
certificate or residential real estate appraiser license shall 897
possess at least two years of experience in real estate appraisal, 898
or any equivalent experience the board prescribes. In addition to 899
any other information required by the board, the applicant shall 900
furnish, under oath, a detailed listing of the appraisal reports 901
or file memoranda for each year for which experience is claimed 902
and, upon request of the superintendent or the board, shall make 903
available for examination a sample of the appraisal reports 904
prepared by the applicant in the course of the applicant's 905
practice.906

       (C)(1) Except as provided in division (C)(2) of this section, 907
an applicant for an initial certificate, registration, or license 908
shall be at least eighteen years of age, honest, truthful, and of 909
good reputation and shall present satisfactory evidence to the910
superintendent of the following, as appropriate:911

       (a) If the applicant is seeking a state-certified general912
real estate appraiser certificate, that the applicant has913
successfully completed at least one hundred sixty-five classroom914
hours of courses in subjects related to real estate appraisal,915
including at least one course devoted exclusively to federal,916
state, and municipal fair housing law, presented by a nationally917
recognized appraisal organization, an institution of higher918
education, a career school registered by the state board of career 919
colleges and schools, a state or federal commission or agency, or 920
any other organization that represents the interests of financial921
institutions or real estate brokers, appraisers, or agents and922
that provides appraisal education, plus fifteen classroom hours923
related to standards of professional practice and the provisions924
of this chapter;925

       (b) If the applicant is seeking a state-certified residential 926
real estate appraiser certificate, that the applicant has 927
successfully completed at least one hundred five classroom hours 928
of courses in subjects related to real estate appraisal, including 929
at least one course devoted exclusively to federal, state, and 930
municipal fair housing law, presented by a nationally recognized 931
appraisal organization, an institution of higher education, a 932
career school registered by the state board of career colleges and933
schools, or any other organization that represents the interests934
of financial institutions or real estate brokers, appraisers, or935
agents and that provides appraisal education, plus fifteen936
classroom hours related to standards of professional practice and937
the provisions of this chapter;938

       (c) If the applicant is seeking a state-licensed residential939
real estate appraiser license, that the applicant has successfully940
completed at least seventy-five classroom hours of courses in941
subjects related to real estate appraisal, including at least one942
course devoted exclusively to federal, state, and municipal fair943
housing law, presented by a nationally recognized appraisal944
organization, an institution of higher education, a career school 945
registered by the state board of career colleges and schools, a 946
state or federal commission or agency, or any other organization 947
that represents the interests of financial institutions or real 948
estate brokers, appraisers, or agents and that provides appraisal 949
education, plus fifteen classroom hours related to standards of 950
professional practice and the provisions of this chapter;951

       (d) If the applicant is seeking a state-registered real952
estate appraiser assistant registration, that the applicant has953
successfully completed at least seventy-five classroom hours of954
courses in subjects related to real estate appraisal, including at955
least one course devoted exclusively to federal, state, and956
municipal fair housing law, presented by a nationally recognized957
appraisal organization, an institution of higher education, a 958
career school registered by the state board of career colleges and 959
schools, or any other organization that represents the interests 960
of financial institutions or real estate brokers, appraisers, or 961
agents, and that provides appraisal education that included at 962
least fifteen classroom hours of instruction related to standards 963
of professional practice and the requirements of this chapter and 964
the rules adopted under this chapter.965

       (2) Each person who files an application for an initial966
certificate or license within one year of the date established by967
the board as the first date on which applications will be accepted968
under this section, which date shall be no later than September 1,969
1990, and who, at the time of filing that application, does not970
satisfy the educational requirements for the certification or971
licensure sought of either division (C)(1)(a) or (b) of this972
section is exempt from those educational requirements for the term973
of the initial certification or licensure. In applying for a974
renewal certificate or license pursuant to section 4763.06 of the975
Revised Code, a certificate holder or licensee who was exempted976
from the educational requirements of division (C)(1)(a) or (b) of977
this section when applying for the initial certificate or license978
shall present satisfactory evidence to the superintendent that the979
certificate holder or licensee has completed the educational980
requirements for the certification or licensure to be renewed of981
one of those divisions before the renewal certificate or license982
may be issued.983

       (D) An applicant for an initial general real estate appraiser 984
or residential real estate appraiser certificate or residential 985
real estate appraiser license shall take and successfully complete 986
a written examination in order to qualify for the certificate or 987
license. The examination shall require the applicant to 988
demonstrate all of the following:989

       (1) Appropriate knowledge of technical terms commonly used in 990
or related to real estate appraising, appraisal report writing,991
and the economic concepts applicable to real estate;992

       (2) Understanding of the principles of land economics, real993
estate appraisal processes, and problems likely to be encountered994
in gathering, interpreting, and processing of data in carrying out995
appraisal disciplines;996

       (3) Understanding of the standards for the development and997
communication of real estate appraisals as provided in this998
chapter and the rules adopted thereunder;999

       (4) Knowledge of theories of depreciation, cost estimating,1000
methods of capitalization, direct sales comparison, and the1001
mathematics of real estate appraisal that are appropriate for the1002
certification or licensure for which the applicant has applied;1003

       (5) Knowledge of other principles and procedures as1004
appropriate for the certification or license;1005

       (6) Basic understanding of real estate law;1006

       (7) Understanding of the types of misconduct for which1007
disciplinary proceedings may be initiated against a certificate1008
holder and licensee.1009

       (E)(1) A nonresident, natural person of this state who has1010
complied with this section may obtain a certificate, registration,1011
or license. The board shall adopt rules relating to the1012
certification, registration, and licensure of a nonresident1013
applicant whose state of residence the board determines to have1014
certification, registration, or licensure requirements that are1015
substantially similar to those set forth in this chapter and the1016
rules adopted thereunder.1017

       (2) The board shall recognize on a temporary basis a 1018
certification or license issued in another state and shall 1019
register on a temporary basis an appraiser who is certified or 1020
licensed in another state if all of the following apply:1021

       (a) The temporary registration is to perform an appraisal 1022
assignment that is part of a federally related transaction.1023

       (b) The appraiser's business in this state is of a temporary 1024
nature.1025

       (c) The appraiser registers with the board pursuant to this 1026
division.1027

       An appraiser who is certified or licensed in another state 1028
shall register with the board for temporary practice before 1029
performing an appraisal assignment in this state in connection 1030
with a federally related transaction.1031

       The board shall adopt rules relating to registration for the 1032
temporary recognition of certification and licensure of appraisers 1033
from another state. The registration for temporary recognition of 1034
certified or licensed appraisers from another state shall not 1035
authorize completion of more than one appraisal assignment in this 1036
state. The board shall not issue more than two registrations for 1037
temporary practice to any one applicant in any calendar year.1038

       (3) In addition to any other information required to be1039
submitted with the nonresident applicant's or appraiser's1040
application for a certificate, registration, license, or temporary 1041
recognition of a certificate or license, each nonresident 1042
applicant or appraiser shall submit a statement consenting to the 1043
service of process upon the nonresident applicant or appraiser by 1044
means of delivering that process to the secretary of state if, in 1045
an action against the applicant, certificate holder, registrant, 1046
or licensee arising from the applicant's, certificate holder's, 1047
registrant's, or licensee's activities as a certificate holder, 1048
registrant, or licensee, the plaintiff, in the exercise of due1049
diligence, cannot effect personal service upon the applicant,1050
certificate holder, registrant, or licensee.1051

       (F) The superintendent shall not issue a certificate,1052
registration, or license to, or recognize on a temporary basis an 1053
appraiser from another state that is a corporation, partnership, 1054
or association. This prohibition shall not be construed to prevent 1055
a certificate holder or licensee from signing an appraisal report 1056
on behalf of a corporation, partnership, or association.1057

       (G) Every person licensed, registered, or certified under1058
this chapter shall notify the superintendent, on a form provided1059
by the superintendent, of a change in the address of the1060
licensee's, registrant's, or certificate holder's principal place1061
of business or residence within thirty days of the change. If a1062
licensee's, registrant's, or certificate holder's license,1063
registration, or certificate is revoked or not renewed, the1064
licensee, registrant, or certificate holder immediately shall1065
return the annual and any renewal certificate, registration, or1066
license to the superintendent.1067

       (H)(1) The superintendent shall not issue a certificate,1068
registration, or license to any person, or recognize on a 1069
temporary basis an appraiser from another state, who does not meet 1070
applicable minimum criteria for state certification, registration, 1071
or licensure prescribed by federal law or rule.1072

       (2) The superintendent shall not issue a general real estate 1073
appraiser certificate, residential real estate appraiser 1074
certificate, residential real estate appraiser license, or real 1075
estate appraiser assistant registration to any person who has been 1076
convicted of or pleaded guilty to any criminal offense involving 1077
theft, receiving stolen property, embezzlement, forgery, fraud, 1078
passing bad checks, money laundering, or drug trafficking, or any 1079
criminal offense involving money or securities, including a 1080
violation of an existing or former law of this state, any other 1081
state, or the United States that substantially is equivalent to 1082
such an offense. However, if the applicant has pleaded guilty to 1083
or been convicted of such an offense, the superintendent shall not 1084
consider the offense if the applicant has proven to the 1085
superintendent, by a preponderance of the evidence, that the 1086
applicant's activities and employment record since the conviction 1087
show that the applicant is honest, truthful, and of good 1088
reputation, and there is no basis in fact for believing that the 1089
applicant will commit such an offense again.1090

       Section 2. That existing sections 121.04, 121.08, 169.01,1091
169.13, 169.99, 1322.03, 1322.031, and 4763.05 of the Revised Code 1092
are hereby repealed.1093

       Section 3. Sections 169.13 and 169.14 of the Revised Code, as1094
amended or enacted by this act, shall apply only to agreements1095
that are entered into on or after the effective date of this act.1096

       Section 4. All of the following provisions of this act shall 1097
take effect sixty days after the effective date of this act:1098

        (A) Division (B)(2)(i) and (j) of section 169.13 of the 1099
Revised Code;1100

        (B) Section 169.14 of the Revised Code;1101

        (C) Division (A) of section 169.16 of the Revised Code;1102

        (D) Division (B) of section 169.99 of the Revised Code.1103