As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 515

Representative Slesnick 

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A BILL

To amend sections 109.572, 4763.01, 4763.05, 4763.15,

1

and 4763.19 and to enact sections 4768.01 to

2

4768.14 and 4768.99 of the Revised Code to

3

regulate appraisal management companies.

4

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

Section 1. That sections 109.572, 4763.01, 4763.05, 4763.15,	5
and 4763.19 be amended and sections 4768.01, 4768.02, 4768.03,	6
4768.04, 4768.05, 4768.06, 4768.07, 4768.08, 4768.09, 4768.10,	7
4768.11, 4768.12, 4768.13, 4768.14, and 4768.99 of the Revised	8
Code be enacted to read as follows:	9

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	10
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	11
a completed form prescribed pursuant to division (C)(1) of this	12
section, and a set of fingerprint impressions obtained in the	13
manner described in division (C)(2) of this section, the	14
superintendent of the bureau of criminal identification and	15
investigation shall conduct a criminal records check in the manner	16
described in division (B) of this section to determine whether any	17
information exists that indicates that the person who is the	18
subject of the request previously has been convicted of or pleaded	19
guilty to any of the following:	20

(a) A violation of section 2903.01, 2903.02, 2903.03,	21
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	22
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	23
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	24
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	25
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	26
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	27
2925.06, or 3716.11 of the Revised Code, felonious sexual	28
penetration in violation of former section 2907.12 of the Revised	29
Code, a violation of section 2905.04 of the Revised Code as it	30
existed prior to July 1, 1996, a violation of section 2919.23 of	31
the Revised Code that would have been a violation of section	32
2905.04 of the Revised Code as it existed prior to July 1, 1996,	33
had the violation been committed prior to that date, or a	34
violation of section 2925.11 of the Revised Code that is not a	35
minor drug possession offense;	36

(b) A violation of an existing or former law of this state,	37
any other state, or the United States that is substantially	38
equivalent to any of the offenses listed in division (A)(1)(a) of	39
this section.	40

(2) On receipt of a request pursuant to section 5123.081 of	41
the Revised Code with respect to an applicant for employment in	42
any position with the department of developmental disabilities,	43
pursuant to section 5126.28 of the Revised Code with respect to an	44
applicant for employment in any position with a county board of	45
developmental disabilities, or pursuant to section 5126.281 of the	46
Revised Code with respect to an applicant for employment in a	47
direct services position with an entity contracting with a county	48
board for employment, a completed form prescribed pursuant to	49
division (C)(1) of this section, and a set of fingerprint	50
impressions obtained in the manner described in division (C)(2) of	51
this section, the superintendent of the bureau of criminal	52
identification and investigation shall conduct a criminal records	53
check. The superintendent shall conduct the criminal records check	54
in the manner described in division (B) of this section to	55
determine whether any information exists that indicates that the	56
person who is the subject of the request has been convicted of or	57
pleaded guilty to any of the following:	58

(a) A violation of section 2903.01, 2903.02, 2903.03,	59
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	60
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	61
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	62
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	63
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	64
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	65
2925.03, or 3716.11 of the Revised Code;	66

(b) An existing or former municipal ordinance or law of this	67
state, any other state, or the United States that is substantially	68
equivalent to any of the offenses listed in division (A)(2)(a) of	69
this section.	70

(3) On receipt of a request pursuant to section 173.27,	71
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	72
completed form prescribed pursuant to division (C)(1) of this	73
section, and a set of fingerprint impressions obtained in the	74
manner described in division (C)(2) of this section, the	75
superintendent of the bureau of criminal identification and	76
investigation shall conduct a criminal records check with respect	77
to any person who has applied for employment in a position for	78
which a criminal records check is required by those sections. The	79
superintendent shall conduct the criminal records check in the	80
manner described in division (B) of this section to determine	81
whether any information exists that indicates that the person who	82
is the subject of the request previously has been convicted of or	83
pleaded guilty to any of the following:	84

(a) A violation of section 2903.01, 2903.02, 2903.03,	85
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	86
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	87
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	88
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	89
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	90
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	91
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	92
2925.22, 2925.23, or 3716.11 of the Revised Code;	93

(b) An existing or former law of this state, any other state,	94
or the United States that is substantially equivalent to any of	95
the offenses listed in division (A)(3)(a) of this section.	96

(4) On receipt of a request pursuant to section 3701.881 of	97
the Revised Code with respect to an applicant for employment with	98
a home health agency as a person responsible for the care,	99
custody, or control of a child, a completed form prescribed	100
pursuant to division (C)(1) of this section, and a set of	101
fingerprint impressions obtained in the manner described in	102
division (C)(2) of this section, the superintendent of the bureau	103
of criminal identification and investigation shall conduct a	104
criminal records check. The superintendent shall conduct the	105
criminal records check in the manner described in division (B) of	106
this section to determine whether any information exists that	107
indicates that the person who is the subject of the request	108
previously has been convicted of or pleaded guilty to any of the	109
following:	110

(a) A violation of section 2903.01, 2903.02, 2903.03,	111
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	112
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	113
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	114
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	115
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	116
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	117
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	118
violation of section 2925.11 of the Revised Code that is not a	119
minor drug possession offense;	120

(b) An existing or former law of this state, any other state,	121
or the United States that is substantially equivalent to any of	122
the offenses listed in division (A)(4)(a) of this section.	123

(5) On receipt of a request pursuant to section 5111.032,	124
5111.033, or 5111.034 of the Revised Code, a completed form	125
prescribed pursuant to division (C)(1) of this section, and a set	126
of fingerprint impressions obtained in the manner described in	127
division (C)(2) of this section, the superintendent of the bureau	128
of criminal identification and investigation shall conduct a	129
criminal records check. The superintendent shall conduct the	130
criminal records check in the manner described in division (B) of	131
this section to determine whether any information exists that	132
indicates that the person who is the subject of the request	133
previously has been convicted of, has pleaded guilty to, or has	134
been found eligible for intervention in lieu of conviction for any	135
of the following, regardless of the date of the conviction, the	136
date of entry of the guilty plea, or the date the person was found	137
eligible for intervention in lieu of conviction:	138

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	139
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	140
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	141
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	142
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	143
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	144
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	145
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	146
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	147
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	148
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	149
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	150
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	151
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	152
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	153
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	154
penetration in violation of former section 2907.12 of the Revised	155
Code, a violation of section 2905.04 of the Revised Code as it	156
existed prior to July 1, 1996, a violation of section 2919.23 of	157
the Revised Code that would have been a violation of section	158
2905.04 of the Revised Code as it existed prior to July 1, 1996,	159
had the violation been committed prior to that date;	160

(b) A violation of an existing or former municipal ordinance	161
or law of this state, any other state, or the United States that	162
is substantially equivalent to any of the offenses listed in	163
division (A)(5)(a) of this section.	164

(6) On receipt of a request pursuant to section 3701.881 of	165
the Revised Code with respect to an applicant for employment with	166
a home health agency in a position that involves providing direct	167
care to an older adult, a completed form prescribed pursuant to	168
division (C)(1) of this section, and a set of fingerprint	169
impressions obtained in the manner described in division (C)(2) of	170
this section, the superintendent of the bureau of criminal	171
identification and investigation shall conduct a criminal records	172
check. The superintendent shall conduct the criminal records check	173
in the manner described in division (B) of this section to	174
determine whether any information exists that indicates that the	175
person who is the subject of the request previously has been	176
convicted of or pleaded guilty to any of the following:	177

(a) A violation of section 2903.01, 2903.02, 2903.03,	178
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	179
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	180
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	181
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	182
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	183
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	184
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	185
2925.22, 2925.23, or 3716.11 of the Revised Code;	186

(b) An existing or former law of this state, any other state,	187
or the United States that is substantially equivalent to any of	188
the offenses listed in division (A)(6)(a) of this section.	189

(7) When conducting a criminal records check upon a request	190
pursuant to section 3319.39 of the Revised Code for an applicant	191
who is a teacher, in addition to the determination made under	192
division (A)(1) of this section, the superintendent shall	193
determine whether any information exists that indicates that the	194
person who is the subject of the request previously has been	195
convicted of or pleaded guilty to any offense specified in section	196
3319.31 of the Revised Code.	197

(8) On receipt of a request pursuant to section 2151.86 of	198
the Revised Code, a completed form prescribed pursuant to division	199
(C)(1) of this section, and a set of fingerprint impressions	200
obtained in the manner described in division (C)(2) of this	201
section, the superintendent of the bureau of criminal	202
identification and investigation shall conduct a criminal records	203
check in the manner described in division (B) of this section to	204
determine whether any information exists that indicates that the	205
person who is the subject of the request previously has been	206
convicted of or pleaded guilty to any of the following:	207

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	208
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	209
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	210
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	211
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	212
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	213
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	214
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	215
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	216
of the Revised Code, a violation of section 2905.04 of the Revised	217
Code as it existed prior to July 1, 1996, a violation of section	218
2919.23 of the Revised Code that would have been a violation of	219
section 2905.04 of the Revised Code as it existed prior to July 1,	220
1996, had the violation been committed prior to that date, a	221
violation of section 2925.11 of the Revised Code that is not a	222
minor drug possession offense, two or more OVI or OVUAC violations	223
committed within the three years immediately preceding the	224
submission of the application or petition that is the basis of the	225
request, or felonious sexual penetration in violation of former	226
section 2907.12 of the Revised Code;	227

(b) A violation of an existing or former law of this state,	228
any other state, or the United States that is substantially	229
equivalent to any of the offenses listed in division (A)(8)(a) of	230
this section.	231

(9) Upon receipt of a request pursuant to section 5104.012 or	232
5104.013 of the Revised Code, a completed form prescribed pursuant	233
to division (C)(1) of this section, and a set of fingerprint	234
impressions obtained in the manner described in division (C)(2) of	235
this section, the superintendent of the bureau of criminal	236
identification and investigation shall conduct a criminal records	237
check in the manner described in division (B) of this section to	238
determine whether any information exists that indicates that the	239
person who is the subject of the request has been convicted of or	240
pleaded guilty to any of the following:	241

(a) A violation of section 2903.01, 2903.02, 2903.03,	242
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	243
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	244
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	245
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	246
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	247
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	248
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	249
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	250
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	251
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	252
3716.11 of the Revised Code, felonious sexual penetration in	253
violation of former section 2907.12 of the Revised Code, a	254
violation of section 2905.04 of the Revised Code as it existed	255
prior to July 1, 1996, a violation of section 2919.23 of the	256
Revised Code that would have been a violation of section 2905.04	257
of the Revised Code as it existed prior to July 1, 1996, had the	258
violation been committed prior to that date, a violation of	259
section 2925.11 of the Revised Code that is not a minor drug	260
possession offense, a violation of section 2923.02 or 2923.03 of	261
the Revised Code that relates to a crime specified in this	262
division, or a second violation of section 4511.19 of the Revised	263
Code within five years of the date of application for licensure or	264
certification.	265

(b) A violation of an existing or former law of this state,	266
any other state, or the United States that is substantially	267
equivalent to any of the offenses or violations described in	268
division (A)(9)(a) of this section.	269

(10) Upon receipt of a request pursuant to section 5153.111	270
of the Revised Code, a completed form prescribed pursuant to	271
division (C)(1) of this section, and a set of fingerprint	272
impressions obtained in the manner described in division (C)(2) of	273
this section, the superintendent of the bureau of criminal	274
identification and investigation shall conduct a criminal records	275
check in the manner described in division (B) of this section to	276
determine whether any information exists that indicates that the	277
person who is the subject of the request previously has been	278
convicted of or pleaded guilty to any of the following:	279

(a) A violation of section 2903.01, 2903.02, 2903.03,	280
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	281
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	282
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	283
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	284
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	285
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	286
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	287
felonious sexual penetration in violation of former section	288
2907.12 of the Revised Code, a violation of section 2905.04 of the	289
Revised Code as it existed prior to July 1, 1996, a violation of	290
section 2919.23 of the Revised Code that would have been a	291
violation of section 2905.04 of the Revised Code as it existed	292
prior to July 1, 1996, had the violation been committed prior to	293
that date, or a violation of section 2925.11 of the Revised Code	294
that is not a minor drug possession offense;	295

(b) A violation of an existing or former law of this state,	296
any other state, or the United States that is substantially	297
equivalent to any of the offenses listed in division (A)(10)(a) of	298
this section.	299

(11) On receipt of a request for a criminal records check	300
from an individual pursuant to section 4749.03 or 4749.06 of the	301
Revised Code, accompanied by a completed copy of the form	302
prescribed in division (C)(1) of this section and a set of	303
fingerprint impressions obtained in a manner described in division	304
(C)(2) of this section, the superintendent of the bureau of	305
criminal identification and investigation shall conduct a criminal	306
records check in the manner described in division (B) of this	307
section to determine whether any information exists indicating	308
that the person who is the subject of the request has been	309
convicted of or pleaded guilty to a felony in this state or in any	310
other state. If the individual indicates that a firearm will be	311
carried in the course of business, the superintendent shall	312
require information from the federal bureau of investigation as	313
described in division (B)(2) of this section. The superintendent	314
shall report the findings of the criminal records check and any	315
information the federal bureau of investigation provides to the	316
director of public safety.	317

(12) On receipt of a request pursuant to section 1321.37,	318
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	319
Code, a completed form prescribed pursuant to division (C)(1) of	320
this section, and a set of fingerprint impressions obtained in the	321
manner described in division (C)(2) of this section, the	322
superintendent of the bureau of criminal identification and	323
investigation shall conduct a criminal records check with respect	324
to any person who has applied for a license, permit, or	325
certification from the department of commerce or a division in the	326
department. The superintendent shall conduct the criminal records	327
check in the manner described in division (B) of this section to	328
determine whether any information exists that indicates that the	329
person who is the subject of the request previously has been	330
convicted of or pleaded guilty to any of the following: a	331
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	332
2925.03 of the Revised Code; any other criminal offense involving	333
theft, receiving stolen property, embezzlement, forgery, fraud,	334
passing bad checks, money laundering, or drug trafficking, or any	335
criminal offense involving money or securities, as set forth in	336
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	337
the Revised Code; or any existing or former law of this state, any	338
other state, or the United States that is substantially equivalent	339
to those offenses.	340

(13) On receipt of a request for a criminal records check	341
from the treasurer of state under section 113.041 of the Revised	342
Code or from an individual under section 4701.08, 4715.101,	343
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	344
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	345
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	346
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	347
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	348
a completed form prescribed under division (C)(1) of this section	349
and a set of fingerprint impressions obtained in the manner	350
described in division (C)(2) of this section, the superintendent	351
of the bureau of criminal identification and investigation shall	352
conduct a criminal records check in the manner described in	353
division (B) of this section to determine whether any information	354
exists that indicates that the person who is the subject of the	355
request has been convicted of or pleaded guilty to any criminal	356
offense in this state or any other state. The superintendent shall	357
send the results of a check requested under section 113.041 of the	358
Revised Code to the treasurer of state and shall send the results	359
of a check requested under any of the other listed sections to the	360
licensing board specified by the individual in the request.	361

(14) On receipt of a request pursuant to section 1121.23,	362
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	363
Code, a completed form prescribed pursuant to division (C)(1) of	364
this section, and a set of fingerprint impressions obtained in the	365
manner described in division (C)(2) of this section, the	366
superintendent of the bureau of criminal identification and	367
investigation shall conduct a criminal records check in the manner	368
described in division (B) of this section to determine whether any	369
information exists that indicates that the person who is the	370
subject of the request previously has been convicted of or pleaded	371
guilty to any criminal offense under any existing or former law of	372
this state, any other state, or the United States.	373

(15) On receipt of a request pursuant to section 4768.06 of	374
the Revised Code, a completed form prescribed under division	375
(C)(1) of this section, and a set of fingerprint impressions	376
obtained in the manner described in division (C)(2) of this	377
section, the superintendent of the bureau of criminal	378
identification and investigation shall conduct a criminal records	379
check in the manner described in division (B) of this section to	380
determine whether any information exists indicating that the	381
person who is the subject of the request has been convicted of or	382
pleaded guilty to a felony in this state or in any other state.	383

(16) Not later than thirty days after the date the	384
superintendent receives a request of a type described in division	385
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	386
or (14), or (15) of this section, the completed form, and the	387
fingerprint impressions, the superintendent shall send the person,	388
board, or entity that made the request any information, other than	389
information the dissemination of which is prohibited by federal	390
law, the superintendent determines exists with respect to the	391
person who is the subject of the request that indicates that the	392
person previously has been convicted of or pleaded guilty to any	393
offense listed or described in division (A)(1), (2), (3), (4),	394
(5), (6), (7), (8), (9), (10), (11), (12), or (14), or (15) of	395
this section, as appropriate. The superintendent shall send the	396
person, board, or entity that made the request a copy of the list	397
of offenses specified in division (A)(1), (2), (3), (4), (5), (6),	398
(7), (8), (9), (10), (11), (12), or (14), or (15) of this section,	399
as appropriate. If the request was made under section 3701.881 of	400
the Revised Code with regard to an applicant who may be both	401
responsible for the care, custody, or control of a child and	402
involved in providing direct care to an older adult, the	403
superintendent shall provide a list of the offenses specified in	404
divisions (A)(4) and (6) of this section.	405

Not later than thirty days after the superintendent receives	406
a request for a criminal records check pursuant to section 113.041	407
of the Revised Code, the completed form, and the fingerprint	408
impressions, the superintendent shall send the treasurer of state	409
any information, other than information the dissemination of which	410
is prohibited by federal law, the superintendent determines exist	411
with respect to the person who is the subject of the request that	412
indicates that the person previously has been convicted of or	413
pleaded guilty to any criminal offense in this state or any other	414
state.	415

(B) The superintendent shall conduct any criminal records	416
check requested under section 113.041, 121.08, 173.27, 173.394,	417
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	418
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	419
3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101,	420
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	421
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	422
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	423
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	424
4761.051, 4762.031, 4762.06, 4763.05, 4768.06, 4779.091, 5104.012,	425
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	426
5126.281, or 5153.111 of the Revised Code as follows:	427

(1) The superintendent shall review or cause to be reviewed	428
any relevant information gathered and compiled by the bureau under	429
division (A) of section 109.57 of the Revised Code that relates to	430
the person who is the subject of the request, including, if the	431
criminal records check was requested under section 113.041,	432
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	433
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	434
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	435
3722.151, 4749.03, 4749.06, 4763.05, 4768.06, 5104.012, 5104.013,	436
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	437
5153.111 of the Revised Code, any relevant information contained	438
in records that have been sealed under section 2953.32 of the	439
Revised Code;	440

(2) If the request received by the superintendent asks for	441
information from the federal bureau of investigation, the	442
superintendent shall request from the federal bureau of	443
investigation any information it has with respect to the person	444
who is the subject of the request, including fingerprint-based	445
checks of national crime information databases as described in 42	446
U.S.C. 671 if the request is made pursuant to section 2151.86,	447
5104.012, or 5104.013 of the Revised Code or if any other Revised	448
Code section requires fingerprint-based checks of that nature, and	449
shall review or cause to be reviewed any information the	450
superintendent receives from that bureau. If a request under	451
section 3319.39 of the Revised Code asks only for information from	452
the federal bureau of investigation, the superintendent shall not	453
conduct the review prescribed by division (B)(1) of this section.	454

(3) The superintendent or the superintendent's designee may	455
request criminal history records from other states or the federal	456
government pursuant to the national crime prevention and privacy	457
compact set forth in section 109.571 of the Revised Code.	458

(C)(1) The superintendent shall prescribe a form to obtain	459
the information necessary to conduct a criminal records check from	460
any person for whom a criminal records check is requested under	461
section 113.041 of the Revised Code or required by section 121.08,	462
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	463
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	464
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08,	465
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	466
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	467
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	468
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	469
4761.051, 4762.031, 4762.06, 4763.05, 4768.06, 4779.091, 5104.012,	470
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	471
5126.281, or 5153.111 of the Revised Code. The form that the	472
superintendent prescribes pursuant to this division may be in a	473
tangible format, in an electronic format, or in both tangible and	474
electronic formats.	475

(2) The superintendent shall prescribe standard impression	476
sheets to obtain the fingerprint impressions of any person for	477
whom a criminal records check is requested under section 113.041	478
of the Revised Code or required by section 121.08, 173.27,	479
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	480
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	481
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101,	482
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	483
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	484
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	485
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	486
4761.051, 4762.031, 4762.06, 4763.05, 4768.06, 4779.091, 5104.012,	487
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	488
5126.281, or 5153.111 of the Revised Code. Any person for whom a	489
records check is requested under or required by any of those	490
sections shall obtain the fingerprint impressions at a county	491
sheriff's office, municipal police department, or any other entity	492
with the ability to make fingerprint impressions on the standard	493
impression sheets prescribed by the superintendent. The office,	494
department, or entity may charge the person a reasonable fee for	495
making the impressions. The standard impression sheets the	496
superintendent prescribes pursuant to this division may be in a	497
tangible format, in an electronic format, or in both tangible and	498
electronic formats.	499

(3) Subject to division (D) of this section, the	500
superintendent shall prescribe and charge a reasonable fee for	501
providing a criminal records check requested under section	502
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	503
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	504
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	505
3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	506
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	507
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	508
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	509
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4768.06,	510
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	511
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	512
person making a criminal records request under any of those	513
sections shall pay the fee prescribed pursuant to this division. A	514
person making a request under section 3701.881 of the Revised Code	515
for a criminal records check for an applicant who may be both	516
responsible for the care, custody, or control of a child and	517
involved in providing direct care to an older adult shall pay one	518
fee for the request. In the case of a request under section	519
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032	520
of the Revised Code, the fee shall be paid in the manner specified	521
in that section.	522

(4) The superintendent of the bureau of criminal	523
identification and investigation may prescribe methods of	524
forwarding fingerprint impressions and information necessary to	525
conduct a criminal records check, which methods shall include, but	526
not be limited to, an electronic method.	527

(D) A determination whether any information exists that	528
indicates that a person previously has been convicted of or	529
pleaded guilty to any offense listed or described in division	530
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	531
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	532
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14), or	533
(A)(15) of this section, or that indicates that a person	534
previously has been convicted of or pleaded guilty to any criminal	535
offense in this state or any other state regarding a criminal	536
records check of a type described in division (A)(13) of this	537
section, and that is made by the superintendent with respect to	538
information considered in a criminal records check in accordance	539
with this section is valid for the person who is the subject of	540
the criminal records check for a period of one year from the date	541
upon which the superintendent makes the determination. During the	542
period in which the determination in regard to a person is valid,	543
if another request under this section is made for a criminal	544
records check for that person, the superintendent shall provide	545
the information that is the basis for the superintendent's initial	546
determination at a lower fee than the fee prescribed for the	547
initial criminal records check.	548

(E) As used in this section:

549

(1) "Criminal records check" means any criminal records check	550
conducted by the superintendent of the bureau of criminal	551
identification and investigation in accordance with division (B)	552
of this section.	553

(2) "Minor drug possession offense" has the same meaning as	554
in section 2925.01 of the Revised Code.	555

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

556

(4) "OVI or OVUAC violation" means a violation of section	557
4511.19 of the Revised Code or a violation of an existing or	558
former law of this state, any other state, or the United States	559
that is substantially equivalent to section 4511.19 of the Revised	560
Code.	561

Sec. 4763.01.  As used in this chapter:

562

(A) "Real estate appraisal" or "appraisal" means an analysis,	563
the act or process of developing an opinion, or conclusion	564
relating to the nature, quality, value, or utility of specified	565
interests in, or aspects of identified real estate that is	566
classified as either a valuation or an analysisof value of real	567
property in conformity with the uniform standards of professional	568
appraisal practice or, when the context requires it, the opinion	569
formed from that act or process.	570

(B) "Valuation" means an estimate of the value of real	571
estate.	572

(C) "Analysis" means a study of real estate for purposes	573
other than valuation.	574

(D) "Appraisal report" means a written communication of a	575
real estate appraisal, appraisal review, or appraisal consulting	576
service or an oral communication of a real estate appraisal,	577
appraisal review, or appraisal consulting service that is	578
documented by a writing that supports the oral communication.	579

(E) "Appraisal assignment" means an engagement for which a	580
person licensed or certified under this chapter is employed,	581
retained, or engaged to act, or would be perceived by third	582
parties or the public as acting, as a disinterested third party in	583
rendering an unbiased real estate appraisal.	584

(F) "Specialized services" means all appraisal services,	585
other than appraisal assignments, including, but not limited to,	586
valuation and analysis given in connection with activities such as	587
real estate brokerage, mortgage banking, real estate counseling,	588
and real estate tax counseling, and specialized marketing,	589
financing, and feasibility studies.	590

(G) "Real estate" has the same meaning as in section 4735.01	591
of the Revised Code.	592

(H) "Appraisal foundation" means a nonprofit corporation	593
incorporated under the laws of the state of Illinois on November	594
30, 1987, for the purposes of establishing and improving uniform	595
appraisal standards by defining, issuing, and promoting those	596
standards; establishing appropriate criteria for the certification	597
and recertification of qualified appraisers by defining, issuing,	598
and promoting the qualification criteria and disseminating the	599
qualification criteria to others; and developing or assisting in	600
development of appropriate examinations for qualified appraisers.	601

(I) "Prepare" means to develop and communicate, whether	602
through a personal physical inspection or through the act or	603
process of critically studying a report prepared by another who	604
made the physical inspection, an appraisal, analysis, or opinion,	605
or specialized service and to report the results. If the person	606
who develops and communicates the appraisal or specialized service	607
does not make the personal inspection, the name of the person who	608
does make the personal inspection shall be identified on the	609
appraisal or specialized service reported.	610

(J) "Report" means any communication, written, oral, or by	611
any other means of transmission of information, of a real estate	612
appraisal, appraisal review, appraisal consulting service, or	613
specialized service that is transmitted to a client or employer	614
upon completion of the appraisal or service.	615

(K) "State-certified general real estate appraiser" means any	616
person who satisfies the certification requirements of this	617
chapter relating to the appraisal of all types of real property	618
and who holds a current and valid certificate or renewal	619
certificate issued to the person pursuant to this chapter.	620

(L) "State-certified residential real estate appraiser" means	621
any person who satisfies the certification requirements only	622
relating to the appraisal of one to four units of single-family	623
residential real estate without regard to transaction value or	624
complexity and who holds a current and valid certificate or	625
renewal certificate issued to the person pursuant to this chapter.	626

(M) "State-licensed residential real estate appraiser" means	627
any person who satisfies the licensure requirements of this	628
chapter relating to the appraisal of noncomplex one-to-four unit	629
single-family residential real estate having a transaction value	630
of less than one million dollars and complex one-to-four unit	631
single-family residential real estate having a transaction value	632
of less than two hundred fifty thousand dollars and who holds a	633
current and valid license or renewal license issued to the person	634
pursuant to this chapter.	635

(N) "Certified or licensed real estate appraisal" means an	636
appraisal prepared and reported by a certificate holder or	637
licensee under this chapter acting within the scope of	638
certification or licensure and as a disinterested third party.	639

(O) "State-registered real estate appraiser assistant" means	640
any person, other than a state-certified general real estate	641
appraiser, state-certified residential real estate appraiser, or a	642
state-licensed residential real estate appraiser, who satisfies	643
the registration requirements of this chapter for participating in	644
the development and preparation of real estate appraisals and who	645
holds a current and valid registration or renewal registration	646
issued to the person pursuant to this chapter.	647

(P) "Institution of higher education" means a state	648
university or college, a private college or university located in	649
this state that possesses a certificate of authorization issued by	650
the Ohio board of regents pursuant to Chapter 1713. of the Revised	651
Code, or an accredited college or university located outside this	652
state that is accredited by an accrediting organization or	653
professional accrediting association recognized by the Ohio board	654
of regents.	655

(Q) "Division of real estate" may be used interchangeably	656
with, and for all purposes has the same meaning as, "division of	657
real estate and professional licensing."	658

(R) "Superintendent" or "superintendent of real estate" means	659
the superintendent of the division of real estate and professional	660
licensing of this state. Whenever the division or superintendent	661
of real estate is referred to or designated in any statute, rule,	662
contract, or other document, the reference or designation shall be	663
deemed to refer to the division or superintendent of real estate	664
and professional licensing, as the case may be.	665

(S) "Appraisal review" means the act or process of developing	666
and communicating an opinion about the quality of another	667
appraiser's work that was performed as part of an appraisal,	668
appraisal review, or appraisal consulting assignment.	669

(T) "Appraisal consulting" means the act or process of	670
developing an analysis, recommendation, or opinion to solve a	671
problem related to real estate.	672

(U) "Work file" means documentation used during the	673
preparation of an appraisal report or necessary to support an	674
appraiser's analyses, opinions, or conclusions.	675

Sec. 4763.05. (A)(1)(a) A person shall make application for	676
an initial state-certified general real estate appraiser	677
certificate, an initial state-certified residential real estate	678
appraiser certificate, an initial state-licensed residential real	679
estate appraiser license, or an initial state-registered real	680
estate appraiser assistant registration in writing to the	681
superintendent of real estate on a form the superintendent	682
prescribes. The application shall include the address of the	683
applicant's principal place of business and all other addresses at	684
which the applicant currently engages in the business of preparing	685
real estate appraisals and the address of the applicant's current	686
residence. The superintendent shall retain the applicant's current	687
residence address in a separate record which shall not constitute	688
a public record for purposes of section 149.03 of the Revised	689
Code. The application shall indicate whether the applicant seeks	690
certification as a general real estate appraiser or as a	691
residential real estate appraiser, licensure as a residential real	692
estate appraiser, or registration as a real estate appraiser	693
assistant and be accompanied by the prescribed examination and	694
certification, registration, or licensure fees set forth in	695
section 4763.09 of the Revised Code. The application also shall	696
include a pledge, signed by the applicant, that the applicant will	697
comply with the standards set forth in this chapter; and a	698
statement that the applicant understands the types of misconduct	699
for which disciplinary proceedings may be initiated against the	700
applicant pursuant to this chapter.	701

(b) Upon the filing of an application and payment of any	702
examination and certification, registration, or licensure fees,	703
the superintendent of real estate shall request the superintendent	704
of the bureau of criminal identification and investigation, or a	705
vendor approved by the bureau, to conduct a criminal records check	706
based on the applicant's fingerprints in accordance with division	707
(A)(11)(12) of section 109.572 of the Revised Code.	708
Notwithstanding division (K) of section 121.08 of the Revised	709
Code, the superintendent of real estate shall request that	710
criminal record information from the federal bureau of	711
investigation be obtained as part of the criminal records check.	712
Any fee required under division (C)(3) of section 109.572 of the	713
Revised Code shall be paid by the applicant.	714

(2) For purposes of providing funding for the real estate	715
appraiser recovery fund established by section 4763.16 of the	716
Revised Code, the real estate appraiser board shall levy an	717
assessment against each person issued an initial certificate,	718
registration, or license and against current licensees,	719
registrants, and certificate holders, as required by board rule.	720
The assessment is in addition to the application and examination	721
fees for initial applicants required by division (A)(1) of this	722
section and the renewal fees required for current certificate	723
holders, registrants, and licensees. The superintendent of real	724
estate shall deposit the assessment into the state treasury to the	725
credit of the real estate appraiser recovery fund. The assessment	726
for initial certificate holders, registrants, and licensees shall	727
be paid prior to the issuance of a certificate, registration, or	728
license, and for current certificate holders, registrants, and	729
licensees, at the time of renewal.	730

(B) An applicant for an initial general real estate appraiser	731
certificate, residential real estate appraiser certificate, or	732
residential real estate appraiser license shall possess experience	733
in real estate appraisal as the board prescribes by rule. In	734
addition to any other information required by the board, the	735
applicant shall furnish, under oath, a detailed listing of the	736
appraisal reports or file memoranda for each year for which	737
experience is claimed and, upon request of the superintendent or	738
the board, shall make available for examination a sample of the	739
appraisal reports prepared by the applicant in the course of the	740
applicant's practice.	741

(C) An applicant for an initial certificate, registration, or	742
license shall be at least eighteen years of age, honest, truthful,	743
and of good reputation and shall present satisfactory evidence to	744
the superintendent that the applicant has successfully completed	745
any education requirements the board prescribes by rule.	746

(D) An applicant for an initial general real estate appraiser	747
or residential real estate appraiser certificate or residential	748
real estate appraiser license shall take and successfully complete	749
a written examination in order to qualify for the certificate or	750
license.	751

The board shall prescribe the examination requirements by	752
rule.	753

(E)(1) A nonresident, natural person of this state who has	754
complied with this section may obtain a certificate, registration,	755
or license. The board shall adopt rules relating to the	756
certification, registration, and licensure of a nonresident	757
applicant whose state of residence the board determines to have	758
certification, registration, or licensure requirements that are	759
substantially similar to those set forth in this chapter and the	760
rules adopted thereunder.	761

(2) The board shall recognize on a temporary basis a	762
certification or license issued in another state and shall	763
register on a temporary basis an appraiser who is certified or	764
licensed in another state if all of the following apply:	765

(a) The temporary registration is to perform an appraisal	766
assignment that is part of a federally related transaction.	767

(b) The appraiser's business in this state is of a temporary	768
nature.	769

(c) The appraiser registers with the board pursuant to this	770
division.	771

An appraiser who is certified or licensed in another state	772
shall register with the board for temporary practice before	773
performing an appraisal assignment in this state in connection	774
with a federally related transaction.	775

The board shall adopt rules relating to registration for the	776
temporary recognition of certification and licensure of appraisers	777
from another state. The registration for temporary recognition of	778
certified or licensed appraisers from another state shall not	779
authorize completion of more than one appraisal assignment in this	780
state. The board shall not issue more than two registrations for	781
temporary practice to any one applicant in any calendar year.	782

(3) In addition to any other information required to be	783
submitted with the nonresident applicant's or appraiser's	784
application for a certificate, registration, license, or temporary	785
recognition of a certificate or license, each nonresident	786
applicant or appraiser shall submit a statement consenting to the	787
service of process upon the nonresident applicant or appraiser by	788
means of delivering that process to the secretary of state if, in	789
an action against the applicant, certificate holder, registrant,	790
or licensee arising from the applicant's, certificate holder's,	791
registrant's, or licensee's activities as a certificate holder,	792
registrant, or licensee, the plaintiff, in the exercise of due	793
diligence, cannot effect personal service upon the applicant,	794
certificate holder, registrant, or licensee.	795

(F) The superintendent shall not issue a certificate,	796
registration, or license to, or recognize on a temporary basis an	797
appraiser from another state that is a corporation, partnership,	798
or association. This prohibition shall not be construed to prevent	799
a certificate holder or licensee from signing an appraisal report	800
on behalf of a corporation, partnership, or association.	801

(G) Every person licensed, registered, or certified under	802
this chapter shall notify the superintendent, on a form provided	803
by the superintendent, of a change in the address of the	804
licensee's, registrant's, or certificate holder's principal place	805
of business or residence within thirty days of the change. If a	806
licensee's, registrant's, or certificate holder's license,	807
registration, or certificate is revoked or not renewed, the	808
licensee, registrant, or certificate holder immediately shall	809
return the annual and any renewal certificate, registration, or	810
license to the superintendent.	811

(H)(1) The superintendent shall not issue a certificate,	812
registration, or license to any person, or recognize on a	813
temporary basis an appraiser from another state, who does not meet	814
applicable minimum criteria for state certification, registration,	815
or licensure prescribed by federal law or rule.	816

(2) The superintendent shall not issue a general real estate	817
appraiser certificate, residential real estate appraiser	818
certificate, residential real estate appraiser license, or real	819
estate appraiser assistant registration to any person who has been	820
convicted of or pleaded guilty to any criminal offense involving	821
theft, receiving stolen property, embezzlement, forgery, fraud,	822
passing bad checks, money laundering, or drug trafficking, or any	823
criminal offense involving money or securities, including a	824
violation of an existing or former law of this state, any other	825
state, or the United States that substantially is equivalent to	826
such an offense. However, if the applicant has pleaded guilty to	827
or been convicted of such an offense, the superintendent shall not	828
consider the offense if the applicant has proven to the	829
superintendent, by a preponderance of the evidence, that the	830
applicant's activities and employment record since the conviction	831
show that the applicant is honest, truthful, and of good	832
reputation, and there is no basis in fact for believing that the	833
applicant will commit such an offense again.	834

Sec. 4763.15.  Except for moneys required to be transferred	835
into the real estate appraiser recovery fund pursuant to section	836
4763.16 of the Revised Code or as required pursuant to this	837
section, the superintendent of real estate may deposit all fees	838
collected under this chapter into the state treasury to the credit	839
of the real estate appraiser operating fund, which is hereby	840
created. All operating expenses of the real estate appraiser board	841
and the superintendent of real estate relating to the	842
administration and enforcement of this chapter and Chapter 4768.	843
of the Revised Code shall be paid from this fund. The fund shall	844
be assessed a proportionate share of the administrative cost of	845
the department of commerce in accordance with procedures	846
prescribed by the director of commerce and approved by the	847
director of budget and management and the assessment shall be paid	848
from the operating fund to the division of administration fund.	849

If, in any biennium, the director of commerce determines that	850
moneys in the operating fund exceed those necessary to fund the	851
activities of the board and of the superintendent of real estate	852
that relate to this chapter and Chapter 4768. of the Revised Code,	853
hethe director may pay the excess funds to the real estate	854
appraiser recovery fund.	855

Sec. 4763.19.  (A) Subject to division (B) of this section,	856
no person shall perform a real estate appraisal for a mortgage	857
loan if the person is not licensed or certified under this chapter	858
to do the appraisal.	859

(B) Division (A) of this section does not apply to aeither	860
of the following persons:	861

(1) A lender using aany of the following items in performing	862
a valuation for purposes of validating or supporting an appraisal	863
report that is provided by a person licensed or certified under	864
this chapter:	865

(a) A market analysis or price opinion, an;

866

(b) An internal valuation analysis, or an;

867

(c) An automated valuation model, or report based on an	868
automated valuation model, and anythat is validated by an	869
appraiser who is licensed or certified under this chapter.	870

(2) Any person providing thatthe report described in	871
division (B)(1)(c) of this section to the lender, in performing a	872
valuation for purposes of a loan application, as long as the	873
lender does both of the following:	874

(1) Gives the consumer loan applicant a copy of any written	875
market analysis or price opinion or valuation report based on an	876
automated valuation model;	877

(2) Includes a disclaimer on the consumer's copy specifying	878
that the valuation used for purposes of the application was	879
obtained from a market analysis or price opinion or automated	880
valuation model report and not from a person licensed or certified	881
under this chapter.	882

Sec. 4768.01.  As used in this chapter:

883

(A) "Appraisal" or "real estate appraisal" means the act or	884
process of developing an opinion of value of real property in	885
conformity with the uniform standards of professional appraisal	886
practice.	887

(B) "Appraisal consulting" means the act or process of	888
developing an analysis, recommendation, or opinion to solve a	889
problem related to real estate.	890

(C) "Appraisal management company" means any person who,	891
directly or indirectly, performs appraisal management services,	892
regardless of the use of the term "appraisal management company,"	893
"lender processing services," "lender services," "loan processor,"	894
"mortgage services," "mortgage technology provider," "real estate	895
closing services provider," "settlement services provider,"	896
"vendor management company," or any other term.	897

(D) "Appraisal management services" means any of the	898
following when done on behalf of a lender, financial institution,	899
client, or any other person:	900

(1) Administering an appraiser panel;

901

(2) Recruiting, qualifying, verifying licensure or	902
certification, and negotiating fees and service level expectations	903
with persons who are part of an appraiser panel;	904

(3) Receiving an order for an appraisal from one person and	905
delivering that order to an appraiser who is part of an appraiser	906
panel for completion;	907

(4) Tracking and determining the status of orders for	908
appraisals;	909

(5) Conducting quality control of a completed appraisal prior	910
to the delivery of the appraisal to the person that ordered the	911
appraisal;	912

(6) Providing a completed appraisal performed by an appraiser	913
to one or more persons that have ordered an appraisal.	914

(E) "Appraisal review" means the act or process of developing	915
and communicating an opinion about the quality of another	916
appraiser's work that was performed as part of an appraisal,	917
appraisal review, or appraisal consulting assignment.	918

(F) "Appraiser" means a person licensed or certified under	919
Chapter 4763. of the Revised Code.	920

(G) "Appraiser fee schedule" means a list of the various real	921
estate appraisal services requested by an appraisal management	922
company in this state from independent appraisers and the amount	923
that the appraisal management company is willing to pay to an	924
independent appraiser for the performance of each of the listed	925
services.	926

(H) "Appraiser panel" means a network of appraisers who are	927
independent contractors to the appraisal management company who	928
have been approved by the appraisal management company, after	929
responding to an invitation or request from the appraisal	930
management company, to perform appraisals for any client of the	931
appraisal management company or for the company directly, on a	932
periodic basis, as assigned by the company.	933

(I) "Client" means any person that contracts with, or	934
otherwise enters into an agreement with, an appraisal management	935
company for residential or commercial real estate appraisal	936
services.	937

(J) "Controlling person" means any of the following:

938

(1) An owner, officer, or director of a business entity	939
seeking to offer appraisal management services in this state;	940

(2) An individual employed, appointed, or authorized by an	941
appraisal management company, who has the authority to enter into	942
contractual relationships with clients for the performance of	943
appraisal management services and the authority to enter into	944
agreements with independent appraisers for the performance of	945
residential or commercial real estate appraisal services;	946

(3) An individual who possesses, directly or indirectly, the	947
power to direct or cause the direction of the management or	948
policies of an appraisal management company.	949

(K) "Person" means an individual, corporation, partnership,	950
sole proprietorship, subsidiary, unit, or other business entity.	951

(L) "Real estate" has the same meaning as in section 4735.01	952
of the Revised Code.	953

(M) "Real estate appraisal services" means a written	954
communication, or oral communication if documented by a writing	955
that supports the communication, of a real estate appraisal,	956
appraisal review, or appraisal consulting service.	957

Sec. 4768.02.  (A)(1) No person shall do any of the following	958
without first obtaining a license under this chapter:	959

(a) Directly or indirectly engage or attempt to engage in	960
business as an appraisal management company;	961

(b) Directly or indirectly engage in or attempt to perform	962
appraisal management services;	963

(c) Advertise or hold itself out as engaging in or conducting	964
business as an appraisal management company.	965

(2) A person that violates division (A)(1) of this section	966
may be subject to sanctions under section 4768.13 of the Revised	967
Code.	968

(B) This chapter shall not apply to any of the following:

969

(1) Lending institutions that have "in-house" appraisal	970
offices, business units, or departments;	971

(2) Appraisers who contract with other appraisers for the	972
performance of individual appraisals on a limited basis;	973

(3) Appraisers who contract with other appraisers for the	974
performance of individual appraisals and who co-sign the appraisal	975
report at the completion of the appraisal;	976

(4) An appraisal management company that orders not more than	977
ten appraisals in this state within one calendar year;	978

(5) Any federal, state, county, or municipal agency.

979

Sec. 4768.03.  In addition to any other duties imposed on the	980
real estate appraiser board under this chapter and Chapter 4763.	981
of the Revised Code, the board shall do all of the following:	982

(A) Adopt rules, in accordance with Chapter 119. of the	983
Revised Code, in furtherance of this chapter, including rules that	984
establish all of the following:	985

(1) Procedures for criminal records checks that are required	986
under section 4768.06 of the Revised Code, in accordance with	987
division (K) of section 121.08 and division (C) of section 4768.06	988
of the Revised Code;	989

(2) The following nonrefundable fees:

990

(a) The initial appraisal management company license fee,	991
which shall not exceed five hundred dollars;	992

(b) The annual renewal fee, which shall not exceed five	993
hundred dollars;	994

(c) The late filing fee, which shall not exceed two hundred	995
fifty dollars, for the renewal of a license under division (C) of	996
section 4768.07 of the Revised Code.	997

(3) Requirements for settlement agreements that the	998
superintendent of real estate and professional licensing and an	999
appraisal management company or other person may enter into under	1000
division (H) of section 4768.12 or division (C) of section 4768.13	1001
of the Revised Code.	1002

(B) Determine the appropriate disciplinary actions to be	1003
taken against a person, including a licensee, under section	1004
4768.12 of the Revised Code;	1005

(C) Hear appeals, pursuant to Chapter 119. of the Revised	1006
Code, from decisions and orders that the superintendent issues	1007
pursuant to this chapter;	1008

(D) Request that the superintendent initiate an investigation	1009
of a violation of this chapter or the rules adopted under it, as	1010
the board determines appropriate.	1011

Sec. 4768.04.  (A) In addition to any other duties imposed on	1012
the superintendent of real estate and professional licensing under	1013
this chapter and Chapter 4763. of the Revised Code, the	1014
superintendent shall do all of the following:	1015

(1) Prescribe the form and content of all applications	1016
required by this chapter;	1017

(2) Receive applications for licenses and renewal thereof	1018
under this chapter and establish the procedures for processing,	1019
approving, and disapproving those applications;	1020

(3) Retain records and all application materials submitted to	1021
the superintendent;	1022

(4) Issue licenses and maintain a register of the names and	1023
addresses of all appraisal management companies issued a license	1024
under this chapter;	1025

(5) Perform any other functions and duties, including the	1026
employment of staff, necessary to administer this chapter;	1027

(6) Administer this chapter;

1028

(7) Issue all orders necessary to implement this chapter;

1029

(8) Investigate complaints, upon the superintendent's own	1030
motion or upon receipt of a complaint, or at the request of the	1031
real estate appraiser board, concerning any violation of this	1032
chapter or the rules adopted pursuant thereto or the conduct of	1033
any person holding a license issued pursuant to this chapter;	1034

(9) Establish and maintain an investigation and audit section	1035
to investigate complaints and conduct inspections, audits, and	1036
other inquiries as, in the judgment of the superintendent, are	1037
appropriate to enforce this chapter. The investigators and	1038
auditors may review and audit the business records of licensees	1039
during normal business hours. The superintendent may utilize the	1040
investigators and auditors who are employed by the division of	1041
real estate and professional licensing for other related purposes.	1042

(10) Appoint a hearing examiner for any proceeding under	1043
section 4768.12 or 4768.13 of the Revised Code.	1044

(B) The superintendent may do both of the following:

1045

(1) In connection with investigations and audits under	1046
division (A)(8) of this section, subpoena witnesses as provided in	1047
section 4768.05 of the Revised Code;	1048

(2) Apply to the appropriate court to enjoin any violation of	1049
this chapter. Upon a showing by the superintendent that any person	1050
has violated or is about to violate this chapter, the court shall	1051
grant an injunction, restraining order, or other appropriate	1052
relief, or any combination thereof.	1053

(C)(1) The following information and documents are	1054
confidential and not public records under section 149.43 of the	1055
Revised Code:	1056

(a) All information that is obtained by investigators and	1057
auditors performing investigations or conducting inspections,	1058
audits, and other inquiries pursuant to divisions (A)(8) and (9)	1059
of this section;	1060

(b) All reports, documents, and other work products that	1061
arise from the information described in division (C)(1)(a) of this	1062
section and that are prepared by the investigators, auditors, or	1063
other personnel of the department of commerce.	1064

(2) The superintendent, the investigators and auditors, and	1065
other personnel of the department shall hold in confidence the	1066
information, reports, documents, and other work products described	1067
in division (C)(1) of this section.	1068

(3) Divisions (C)(1) and (2) of this section do not prevent	1069
the division from releasing information relating to licensees to	1070
the superintendent of financial institutions for purposes relating	1071
to the administration of sections 1322.01 to 1322.12 of the	1072
Revised Code, to the superintendent of insurance for purposes	1073
relating to the administration of Chapter 3953. of the Revised	1074
Code, to the attorney general, or to local law enforcement	1075
agencies and local prosecutors. Information released by the	1076
division pursuant to division (C)(3) of this section remains	1077
confidential.	1078

Sec. 4768.05.  The real estate appraiser board or the	1079
superintendent of real estate and professional licensing may	1080
compel, by order or subpoena, the attendance of witnesses to	1081
testify in relation to any matter over which the board or the	1082
superintendent has jurisdiction and that is the subject of the	1083
inquiry and investigation by the board or superintendent and may	1084
require the production of any book, paper, or document pertaining	1085
to such matter. For such purpose, the board or the superintendent	1086
has the same power as judges of county courts to administer oaths,	1087
compel the attendance of witnesses, and punish witnesses for	1088
refusal to testify. Service of the subpoena may be made by	1089
sheriffs or by certified mail, return receipt requested, and the	1090
subpoena shall be deemed served on the date delivery is made or	1091
the date the person refuses to accept delivery. Sheriffs or	1092
constables shall return such process and shall receive the same	1093
fees for doing so as are allowed for like service if service of	1094
the subpoena is made by sheriffs or constables. Witnesses shall	1095
receive, after their appearance before the board or the	1096
superintendent, the fees and mileage provided for under section	1097
119.094 of the Revised Code. If two or more witnesses travel	1098
together in the same vehicle, the mileage fee shall be paid to	1099
only one of those witnesses, but the witnesses may agree to divide	1100
the fee amongst themselves in any manner.	1101

If any person fails to file any statement or report, obey any	1102
subpoena, give testimony, answer questions, or produce books,	1103
records, or papers as required by the board or the superintendent	1104
under this chapter, the board or the superintendent may apply to	1105
the court of common pleas of any county in the state setting forth	1106
the failure. Upon receiving such an application, the court may	1107
make an order awarding process of subpoena or subpoena duces tecum	1108
for the person to appear and testify before the board or the	1109
superintendent; order any person to give testimony and answer	1110
questions; and order any person to produce books, records, or	1111
papers, as required by the board or the superintendent. Upon the	1112
filing of such an order in the office of the clerk of the court of	1113
common pleas, the clerk, under the seal of the court, shall issue	1114
process or subpoena each day until the examination of the person	1115
is completed. The subpoena may contain a direction that the	1116
witness bring to the examination any books, records, or papers	1117
described in the subpoena. The clerk also shall issue, under the	1118
seal of the court, such other orders, in reference to the	1119
examination, appearance, and production of books, records, or	1120
papers, as the court directs. If any person summoned by subpoena	1121
fails to obey the subpoena, to give testimony, to answer questions	1122
as required, or to obey an order of the court, the court, on	1123
motion supported by proof, may order an attachment for contempt to	1124
be issued against the person charged with disobedience of the	1125
order. If the person is brought before the court by virtue of the	1126
attachment, and if upon a hearing the disobedience appears, the	1127
court may order the offender to be committed and kept in close	1128
custody.	1129

Sec. 4768.06.  (A) To obtain an appraisal management company	1130
license, each applicant shall submit all of the following to the	1131
superintendent of real estate and professional licensing:	1132

(1) A completed application on a form the superintendent	1133
provides;	1134

(2) The name of a controlling person who will be the main	1135
contact between the appraisal management company and the division	1136
of real estate and professional licensing and the real estate	1137
appraiser board;	1138

(3) Payment of the fee established for initial licensure	1139
under division (A)(2) of section 4768.03 of the Revised Code;	1140

(4) A list of all owners and controlling persons of the	1141
appraisal management company;	1142

(5) Proof that each owner and controlling person of the	1143
appraisal management company satisfies the requirements set forth	1144
in divisions (B)(1) and (2) of this section;	1145

(6) A completed consent to service of process in this state;

1146

(7) A statement that the applicant understands the grounds	1147
for any disciplinary action that may be initiated under this	1148
chapter;	1149

(8) A letter of good standing from each state in which the	1150
appraisal management company holds an appraisal management company	1151
license, certificate, or registration;	1152

(9) A statement that the applicant acknowledges that a system	1153
or process must be in place to verify that any appraiser added to	1154
the appraisal management company's appraiser panel holds a license	1155
or certificate under Chapter 4763. of the Revised Code and is in	1156
good standing with this state;	1157

(10) A statement that the applicant acknowledges that a	1158
system or process must be in place to periodically review the work	1159
of appraisers that are performing real estate appraisal services	1160
for compliance with the uniform standards of professional	1161
appraisal practice;	1162

(11) A statement that the applicant acknowledges that each	1163
controlling person of the appraisal management company has	1164
successfully completed fourteen hours of uniform standards of	1165
professional appraisal practice and thereafter must complete seven	1166
hours of instruction in uniform standards of professional	1167
appraisal practice at least once every two years.	1168

(B) Each owner and controlling person of an appraisal	1169
management company shall satisfy all of the following criteria:	1170

(1) Be an individual who is at least eighteen years of age;

1171

(2) Have graduated the twelfth grade or received a	1172
certificate of high school equivalence as defined in section	1173
4109.06 of the Revised Code;	1174

(3) Be honest, truthful, and of good reputation;

1175

(4) Submit to a criminal records check in accordance with	1176
this section and any rule that the superintendent adopts under	1177
division (A)(1) of section 4768.03 of the Revised Code;	1178

(5) Have not had a license, certificate, or registration to	1179
act as an appraiser that has been refused, denied, canceled,	1180
surrendered, or revoked in this state or in any other state.	1181

(C) Upon receiving an application under this section, the	1182
superintendent shall request the superintendent of the bureau of	1183
criminal identification and investigation, or a vendor approved by	1184
the bureau, to conduct a criminal records check based on the	1185
fingerprint impressions of each owner and controlling person of	1186
the applicant in accordance with division (A)(15) of section	1187
109.572 of the Revised Code. Notwithstanding division (K) of	1188
section 121.08 of the Revised Code, the superintendent of real	1189
estate and professional licensing shall request that criminal	1190
record information from the federal bureau of investigation be	1191
obtained as part of the criminal records check. Any fee required	1192
under division (C)(3) of section 109.572 of the Revised Code shall	1193
be paid by the applicant.	1194

(D)(1) Subject to section 4768.08 of the Revised Code and	1195
except as provided in division (D)(2) of this section, the	1196
superintendent shall issue a license to the applicant if the	1197
applicant and each owner and controlling person of the applicant	1198
satisfies the requirements of this section.	1199

(2) The superintendent shall not issue a license to an	1200
applicant if any owner or controlling person of the applicant has	1201
been convicted of or pleaded guilty to a felony. However, if an	1202
owner or controlling person of the applicant has pleaded guilty to	1203
or been convicted of a felony, the superintendent shall not	1204
consider the conviction or plea if the person has proven to the	1205
superintendent, by a preponderance of the evidence, that the	1206
person's activities and employment record since the conviction or	1207
plea show that the person is honest, truthful, and of good	1208
reputation, and there is no basis in fact for believing that the	1209
person will commit a felony again.	1210

(E) A license issued under this section shall be valid for	1211
one year after the date of issue.	1212

Sec. 4768.07.  (A) An appraisal management company licensed	1213
under this chapter may obtain a renewal license by filing an	1214
annual renewal application with the superintendent of real estate	1215
and professional licensing and paying the renewal fee established	1216
under division (A)(2) of section 4768.03 of the Revised Code. The	1217
renewal application shall include a statement, signed by the	1218
licensee's controlling person, that states all of the following:	1219

(1) The licensee has a system or process in place to verify	1220
that any appraiser added to the appraisal management company's	1221
appraiser panel holds a license or certificate under Chapter 4763.	1222
of the Revised Code and is in good standing with this state.	1223

(2) The licensee has a system or process in place to	1224
periodically review the work of appraisers who are performing real	1225
estate appraisal services for compliance with the uniform	1226
standards of professional appraisal practice.	1227

(3) Each controlling person of the licensee has successfully	1228
completed an initial fourteen hours of uniform standards of	1229
professional appraisal practice and thereafter completes seven	1230
hours of instruction in uniform standards of professional	1231
appraisal practice at least once every two years.	1232

(4) Each owner and controlling person of the licensee	1233
continues to satisfy the requirements provided for under division	1234
(B) of section 4768.06 of the Revised Code.	1235

(B) The licensee shall file the renewal application at least	1236
thirty days, but not earlier than one hundred twenty days, prior	1237
to expiration of the license. Subject to section 4768.08 of the	1238
Revised Code, the superintendent shall renew the license if the	1239
applicant has complied with division (A) of this section. Each	1240
license renewed under this section shall expire one year after the	1241
date of renewal.	1242

(C) A licensee who fails to renew a license prior to its	1243
expiration is ineligible to obtain a renewal license and shall	1244
comply with section 4768.06 of the Revised Code to regain	1245
licensure, except that a licensee may, within three months after	1246
the expiration of the license, renew the license without having to	1247
comply with section 4768.06 of the Revised Code by paying all the	1248
renewal fees and the late filing fee established under division	1249
(A)(2) of section 4768.03 of the Revised Code. A licensee who	1250
applies for late renewal of the licensee's license shall not	1251
engage in any activities permitted by the license being renewed	1252
during the three-month period following the license's normal	1253
expiration date until all renewal fees and the late filing fee	1254
have been paid.	1255

Sec. 4768.08.  The superintendent of real estate and	1256
professional licensing may refuse to issue a license to an	1257
applicant under this chapter based upon any act or omission for	1258
which a person, including a licensee, may be disciplined under	1259
division (K) of section 4768.12 of the Revised Code or may refuse	1260
to renew a license if the licensee has failed to comply with this	1261
chapter. If the superintendent refuses to issue or renew a license	1262
under this section, the superintendent shall notify the applicant	1263
or the licensee of the basis for the refusal. The notice shall	1264
comply with division (N) of section 4768.12 of the Revised Code,	1265
and the hearing shall be conducted in accordance with Chapter 119.	1266
of the Revised Code. An applicant or licensee may appeal the	1267
superintendent's decision to the real estate appraiser board,	1268
which shall provide the applicant or licensee with the opportunity	1269
to be heard in person or by counsel, or both. The decision and	1270
order of the board is final, subject to review in the manner	1271
provided in Chapter 119. of the Revised Code and appeal to the	1272
court of common pleas of Franklin county.	1273

Sec. 4768.09.  Except within the first thirty days after an	1274
independent appraiser is first added to the appraiser panel of an	1275
appraisal management company, an appraisal management company	1276
shall not remove the appraiser from its appraiser panel or	1277
otherwise refuse to assign requests for real estate appraisal	1278
services to the independent appraiser without first doing both of	1279
the following:	1280

(A) Notifying the appraiser in writing, by certified mail,	1281
return receipt requested, of the reasons the appraiser is being	1282
removed from the appraiser panel;	1283

(B) Providing the appraiser with an opportunity to respond to	1284
that notification, in writing, within thirty days after the	1285
appraisal management company mails the removal notification.	1286

Sec. 4768.10. (A) Each appraisal management company licensed	1287
under this chapter shall maintain all of the following items for a	1288
period of at least five years from the date the appraisal report	1289
is submitted to the client:	1290

(1) The original or true copy of every request relating to	1291
the report that the appraisal management company receives from the	1292
client;	1293

(2) The original or true copy of each request sent to an	1294
appraiser who is considered for the assignment;	1295

(3) Copies of the appraisal report and all versions of that	1296
report.	1297

(B) An appraisal management company shall include all of the	1298
following information in each appraisal work file:	1299

(1) The name and contact information of both the appraisal	1300
management company and the individual from the appraisal	1301
management company involved in ordering the appraisal;	1302

(2) The amount of any fee paid to the appraiser for each	1303
assignment included in the work file and the time and method of	1304
payment;	1305

(3) Details of all communications between the appraisal	1306
management company, the appraiser, and the client for each	1307
appraisal assignment included in the work file.	1308

Sec. 4768.11.  (A) No employee, director, officer, or agent	1309
of an appraisal management company licensed under this chapter	1310
shall influence or attempt to influence the development,	1311
reporting, or review of an appraisal through coercion, extortion,	1312
collusion, compensation, instruction, inducement, intimidation,	1313
bribery, or in any other manner, including the following:	1314

(1) Withholding or threatening to withhold timely payment for	1315
an appraisal;	1316

(2) Withholding or threatening to withhold future business	1317
for an independent appraiser, or demoting or terminating, or	1318
threatening to demote or terminate, an independent appraiser;	1319

(3) Expressly or impliedly promising future business,	1320
promotions, or increased compensation for an independent	1321
appraiser;	1322

(4) Conditioning the assignment of an appraisal or the	1323
payment of an appraisal fee, salary, or bonus, on the opinion,	1324
conclusion, or valuation to be reached by, or on a preliminary	1325
estimate or opinion requested from, an independent appraiser;	1326

(5) Requesting that an independent appraiser provide an	1327
estimated, predetermined, or desired valuation in an appraisal	1328
report, or provide estimated values or comparable sales at any	1329
time prior to the independent appraiser's completion of an	1330
appraisal;	1331

(6) Providing to an independent appraiser an anticipated,	1332
estimated, encouraged, or desired value for a subject property or	1333
a proposed or target amount to be loaned to the borrower, except	1334
that the employee, director, officer, or agent of an appraisal	1335
management company may provide the independent appraiser with a	1336
copy of the sales contract for purchase transactions;	1337

(7) Providing stock or other financial or nonfinancial	1338
benefits to an independent appraiser or any person related to the	1339
appraiser;	1340

(8) Any other act or practice that impairs, or attempts to	1341
impair, an appraiser's independence, objectivity, or impartiality;	1342

(9) Obtaining, using, or paying for a second or subsequent	1343
appraisal or ordering an automated valuation model in connection	1344
with a mortgage financing transaction, unless either of the	1345
following are true:	1346

(a) There is a reasonable basis to believe that the initial	1347
appraisal was flawed or tainted and such basis is clearly and	1348
appropriately noted in the loan file.	1349

(b) The appraisal or automated valuation model is done	1350
pursuant to a bona fide pre- or post-funding appraisal review or	1351
quality control process.	1352

(10) Allowing the removal of an independent appraiser from	1353
the appraisal management company's appraiser panel without prior	1354
written notice as required under section 4768.09 of the Revised	1355
Code.	1356

(B) Nothing in division (A) of this section shall be	1357
construed as prohibiting an appraisal management company from	1358
requesting that an independent appraiser provide additional	1359
information about the basis for a valuation or that the appraiser	1360
correct objective factual errors in an appraisal report.	1361

(C) No appraisal management company shall alter, modify, or	1362
otherwise change a completed appraisal report submitted by an	1363
independent appraiser.	1364

Sec. 4768.12.  (A) Within ten business days after a person	1365
files with the division of real estate and professional licensing	1366
a written complaint against a person licensed under this chapter	1367
or any other person, the superintendent of real estate and	1368
professional licensing shall acknowledge receipt of the complaint	1369
by sending notice to the person against whom the complaint is	1370
filed that includes a copy of the complaint. That notice and the	1371
acknowledgment to the complainant may state that an informal	1372
mediation meeting will be held with the complainant, the person	1373
against whom the complaint is filed, and an investigator from the	1374
investigation and audit section of the division, if the	1375
complainant and person both file a request for such a meeting	1376
within twenty calendar days after the acknowledgment and notice	1377
are mailed.	1378

(B) If the complainant and the person against whom the	1379
complaint is filed both file with the division requests for an	1380
informal mediation meeting, the superintendent shall notify the	1381
complainant and the person of the date, time, and place of the	1382
meeting by regular mail. If the complainant and the person reach	1383
an accommodation at an informal mediation meeting, the	1384
investigator shall report the accommodation to the superintendent,	1385
the complainant, and the person against whom the complaint is	1386
filed and the file shall be closed upon the superintendent	1387
receiving satisfactory notice that the accommodation agreement has	1388
been fulfilled.	1389

(C) If the complainant and the person against whom the	1390
complaint is filed fail to agree to an informal mediation meeting,	1391
fail to reach an accommodation agreement, or fail to fulfill an	1392
accommodation agreement, the superintendent shall assign the	1393
complaint to an investigator for an investigation into the conduct	1394
of the person against whom the complaint is filed.	1395

(D) Upon the conclusion of the investigation, the	1396
investigator shall file a written report of the results of the	1397
investigation with the superintendent. The superintendent shall	1398
review the report and determine whether there exists reasonable	1399
and substantial evidence to justify disciplinary action against	1400
the person on a ground described in division (K) of this section.	1401

(E) If the superintendent finds that reasonable and	1402
substantial evidence to justify disciplinary action against the	1403
person on a ground described in division (K) of this section does	1404
not exist, the superintendent shall notify that person and the	1405
complainant of that determination and the basis for the	1406
determination. Within fifteen business days after the	1407
superintendent notifies the complainant and the person against	1408
whom the complaint is filed of that determination, the complainant	1409
may file with the division a request that the real estate	1410
appraiser board review the determination. If the complainant files	1411
such request, the board shall review the superintendent's	1412
determination at the next regularly scheduled meeting held at	1413
least fifteen business days after the request is filed but not	1414
longer than six months after the request is filed. The board may	1415
hear the testimony of the complainant or the person against whom	1416
the complaint is filed at the meeting upon the request of that	1417
party. If the board affirms the determination of the	1418
superintendent, the superintendent shall notify the complainant	1419
and the person against whom the complaint is filed within ten	1420
business days thereafter. If the board reverses the determination	1421
of the superintendent, a hearing before a hearing examiner shall	1422
be held, and the complainant and the person against whom the	1423
complaint is filed shall be notified as provided in division (N)	1424
of this section.	1425

(F) If the superintendent finds that reasonable and	1426
substantial evidence to justify disciplinary action against the	1427
person on a ground described in division (K) of this section does	1428
exist, the superintendent shall notify that person and the	1429
complainant of the determination. The person against whom the	1430
complaint is filed may request a hearing pursuant to Chapter 119.	1431
of the Revised Code. If a formal hearing is to be conducted, the	1432
superintendent shall appoint a hearing examiner to conduct the	1433
hearing in accordance with that chapter.	1434

(G) In accordance with section 119.09 of the Revised Code,	1435
after conducting a hearing, the hearing examiner shall submit a	1436
report of findings of fact and conclusions of law with the	1437
superintendent, the board, the complainant, and the person against	1438
whom the complaint is filed. Within ten calendar days of receipt	1439
of the copy of the hearing examiner's report, the person against	1440
whom the complaint is filed and the division may file with the	1441
board objections to the hearing examiner's report, which shall be	1442
considered by the board before approving, modifying, or rejecting	1443
the hearing examiner's report. The board may hear the testimony of	1444
the complainant and the person against whom the complaint is filed	1445
upon request of those parties.	1446

(H) At any time after the superintendent notifies a person	1447
against whom the complaint is filed of the superintendent's	1448
determination in accordance with division (F) of this section but	1449
before a hearing is held on the matter, the person may apply to	1450
the superintendent to enter into a settlement agreement regarding	1451
the alleged violation. The superintendent and the person shall	1452
comply with the requirements for settlement agreements established	1453
by rules adopted by the board under division (A)(3) of section	1454
4768.03 of the Revised Code. If the parties enter into the	1455
settlement agreement, the hearing before the hearing examiner	1456
shall be postponed and the board shall review the settlement	1457
agreement at its next regularly scheduled meeting. If the board	1458
disapproves the settlement agreement, the hearing before the	1459
hearing examiner shall be rescheduled.	1460

(I) If, after review of the hearing examiner's report or the	1461
settlement agreement, the board determines that a ground for	1462
disciplinary action that is described in division (K) of this	1463
section exists against a person, the board shall order the	1464
disciplinary action the board considers appropriate, which may	1465
include any of the following:	1466

(1) Reprimand of the person, if licensed under this chapter;

1467

(2) Imposition of a fine, not exceeding twenty-five thousand	1468
dollars per violation;	1469

(3) Suspension of a license issued under this chapter for a	1470
specific period of time;	1471

(4) Revocation of a license issued under this chapter.

1472

If the board approved a settlement agreement entered into	1473
pursuant to division (H) of this section in relation to the ground	1474
for disciplinary action, the disciplinary action shall not be	1475
inconsistent with that settlement agreement.	1476

(J) The decision and order of the board is final, subject to	1477
review in the manner provided for in Chapter 119. of the Revised	1478
Code and appeal to the court of common pleas of Franklin county.	1479

(K) The board shall take any disciplinary action authorized	1480
by division (I) of this section against any person, including an	1481
appraisal management company licensed under this chapter, to which	1482
any of the following grounds apply:	1483

(1) The person procured or attempted to procure a license	1484
under this chapter by knowingly making a false statement,	1485
submitting false information, refusing to provide complete	1486
information in response to a question in an application for	1487
licensure, or by any means of fraud or misrepresentation.	1488

(2) The person paid, or attempted to pay, anything of value,	1489
other than the fees or assessments required by this chapter, to	1490
any member or employee of the board for the purpose of procuring a	1491
license under this chapter.	1492

(3) The person violated section 4768.09 of the Revised Code.

1493

(4) The person violated section 4768.11 of the Revised Code.

1494

(5) The person failed to provide copies of records to the	1495
superintendent as required under this chapter or failed to	1496
maintain records, or include certain information in the appraisal	1497
work file, as required under section 4768.10 of the Revised Code.	1498

(6) Entry of final judgment exists against a person licensed	1499
under this chapter on the grounds of fraud, deceit,	1500
misrepresentation, or coercion in the making of any appraisal of	1501
real estate.	1502

(7) The person failed to provide notice to the board as	1503
required in division (M) of this section.	1504

(8) The person failed to assist the superintendent in the	1505
investigation of complaints under division (A)(8) of section	1506
4768.04 of the Revised Code.	1507

(9) The license, certificate, or registration of the	1508
appraisal management company that was issued by another state was	1509
revoked or surrendered.	1510

(10) If the person is an appraisal management company	1511
licensed under this chapter, the person failed to provide written	1512
notice to the division within fifteen days of changing the	1513
controlling person who is designated as the appraisal management	1514
company's main contact under division (A)(2) of section 4768.06 of	1515
the Revised Code.	1516

(11) If the person is an appraisal management company	1517
licensed under this chapter, the person entered into contracts or	1518
agreements with an independent appraiser who is not licensed or	1519
certified under Chapter 4763. of the Revised Code for the	1520
performance of real estate appraisal services.	1521

(12) If the person is an appraisal management company	1522
licensed under this chapter, the person failed to utilize surveys,	1523
methodologies, techniques, or reliable data sources, including	1524
representative samples of independent fee appraisers, in	1525
establishing appraiser fee schedules.	1526

(13) If the person is an appraisal management company	1527
licensed under this chapter, the person failed to pay an	1528
independent appraiser for the completion of an appraisal within	1529
sixty days of the date on which the independent appraiser	1530
transmits or otherwise provides the completed appraisal to the	1531
appraisal management company or its assignees, except in cases of	1532
breach of contract or substandard performance of services.	1533

(14) An owner or controlling person of an appraisal	1534
management company was convicted of or pleaded guilty to a felony.	1535

(L) Failure of a person, including a licensee under this	1536
chapter, to comply with a subpoena issued under division (B)(1) of	1537
section 4768.04 of the Revised Code is prima-facie evidence of a	1538
violation of division (K)(5) of this section.	1539

(M) A licensee shall notify the board within fifteen days of	1540
any state agency's issuance of an order revoking or permanently	1541
surrendering any professional appraisal management company	1542
license, certificate, or registration issued by any public entity	1543
other than the division.	1544

(N) Except as otherwise provided, all notices, written	1545
reports, and determinations issued pursuant to this section shall	1546
be mailed via certified mail, return receipt requested. If the	1547
notice, written report, or determination is returned because of	1548
failure of delivery or was unclaimed, the notice, written report,	1549
or determination shall be deemed served if the superintendent	1550
sends the notice, written report, or determination via regular	1551
mail and obtains a certificate of mailing of the notice, written	1552
report, or determination. Refusal of delivery by personal service	1553
or by mail is not failure of delivery and service is deemed to be	1554
complete.	1555

Sec. 4768.13.  (A) Upon receipt of a written complaint or	1556
upon the superintendent of real estate and professional	1557
licensing's own motion, the superintendent may investigate any	1558
person that allegedly violated division (A)(1) of section 4768.02	1559
of the Revised Code.	1560

(B) If, after investigation, the superintendent determines	1561
there exists reasonable evidence of a violation of division (A)(1)	1562
of section 4768.02 of the Revised Code, within fourteen business	1563
days after that determination, the superintendent shall send the	1564
party who is the subject of the investigation a written notice, by	1565
regular mail, that includes all of the following information:	1566

(1) A description of the activity in which the party	1567
allegedly is engaging or has engaged that is a violation of	1568
division (A)(1) of section 4768.02 of the Revised Code;	1569

(2) The applicable law allegedly violated;

1570

(3) A statement informing the party that a hearing concerning	1571
the alleged violation will be held before a hearing examiner, and	1572
a statement giving the date and place of that hearing;	1573

(4) A statement informing the party that the party or the	1574
party's attorney may appear in person at the hearing and present	1575
evidence and examine witnesses appearing for and against the	1576
party, or the party may submit written testimony stating any	1577
positions, arguments, or contentions.	1578

(C) At any time after the superintendent notifies a person of	1579
the superintendent's determination in accordance with division (B)	1580
of this section but before a hearing is held on the matter, the	1581
person may apply to the superintendent to enter into a settlement	1582
agreement regarding the alleged violation. The superintendent and	1583
the person shall comply with the requirements for settlement	1584
agreements established by rules adopted by the board under	1585
division (A)(3) of section 4768.03 of the Revised Code. If the	1586
parties enter into the settlement agreement, the hearing before	1587
the hearing examiner shall be postponed and the board shall review	1588
the settlement agreement at its next regularly scheduled meeting.	1589
If the board disapproves the settlement agreement, the hearing	1590
before the hearing examiner shall be rescheduled.	1591

(D) The hearing examiner shall hear the testimony of all	1592
parties present at the hearing and consider any written testimony	1593
submitted pursuant to division (B)(4) of this section. At the	1594
conclusion of the hearing, the hearing examiner shall determine if	1595
there has been a violation of division (A)(1) of section 4768.02	1596
of the Revised Code.	1597

(E) After the conclusion of formal hearings, the hearing	1598
examiner shall file with the superintendent, the real estate	1599
appraiser board, the complainant, and the parties a written report	1600
setting forth the examiner's findings of fact and conclusions of	1601
law and a recommendation of the action to be taken by the	1602
superintendent. Within ten days of receiving a copy of that	1603
report, the parties and the division of real estate and	1604
professional licensing may file with the board written objections	1605
to the report. The board shall consider the objections before	1606
approving, modifying, or disapproving the report.	1607

The board shall review the hearing examiner's report at the	1608
next regularly scheduled board meeting held at least fifteen	1609
business days after receipt of the hearing examiner's report. The	1610
board shall hear the testimony of the complainant or the parties.	1611

(F) After reviewing the hearing examiner's report pursuant to	1612
division (E) of this section, or after reviewing the settlement	1613
agreement pursuant to division (C) of this section, the board	1614
shall decide whether to impose sanctions upon a party for a	1615
violation of division (A)(1) of section 4768.02 of the Revised	1616
Code. The board may assess a civil penalty in an amount it	1617
determines, not to exceed one thousand dollars per violation. Each	1618
day a violation occurs or continues is a separate violation. The	1619
board shall determine the terms of payment. The board shall	1620
maintain a transcript of the proceedings of the hearing and issue	1621
a written opinion to all parties, citing its findings and grounds	1622
for any action taken. If the board approved a settlement agreement	1623
entered into pursuant to division (C) of this section in relation	1624
to the violation, the civil penalty shall not be inconsistent with	1625
that settlement agreement.	1626

(G) Civil penalties collected under this section shall be	1627
deposited in the real estate appraiser operating fund created	1628
under section 4763.15 of the Revised Code.	1629

(H) If a party fails to pay a civil penalty assessed pursuant	1630
to this section within the time prescribed by the board, the	1631
superintendent shall forward to the attorney general the name of	1632
the party and the amount of the civil penalty, for the purpose of	1633
collecting that civil penalty. The party shall pay any fee	1634
assessed by the attorney general for collection of the civil	1635
penalty in addition to the civil penalty assessed pursuant to this	1636
section.	1637

Sec. 4768.14.  The superintendent of real estate and	1638
professional licensing shall deposit all moneys collected under	1639
this chapter into the state treasury to the credit of the real	1640
estate appraiser operating fund created under section 4763.15 of	1641
the Revised Code.	1642

Sec. 4768.99.  (A) Whoever violates division (A)(1), (2),	1643
(3), (4), (5), (6), (7), (8), or (9) or division (C) of section	1644
4768.11 of the Revised Code is guilty of a felony of the fifth	1645
degree.	1646

(B) Whoever violates division (A)(10) of section 4768.11 of	1647
the Revised Code is guilty of a misdemeanor of the first degree.	1648

Section 2. That existing sections 109.572, 4763.01, 4763.05,	1649
4763.15, and 4763.19 of the Revised Code are hereby repealed.	1650

Section 3.  Section 109.572 of the Revised Code is presented	1651
in this act as a composite of the section as amended by both Am.	1652
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The	1653
General Assembly, applying the principle stated in division (B) of	1654
section 1.52 of the Revised Code that amendments are to be	1655
harmonized if reasonably capable of simultaneous operation, finds	1656
that the composite is the resulting version of the section in	1657
effect prior to the effective date of the section as presented in	1658
this act.	1659