H. B. No. 581 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 581

Representatives Slesnick, Grossman

A BILL

To amend sections 109.572, 121.08, 4763.01, 4763.02,

4763.03, 4763.05, 4763.07, 4763.08, 4763.11 to

4763.15, 4763.17, and 4763.19 and to enact

sections 4768.01 to 4768.15 and 4768.99 of the

Revised Code to change the definition of

"appraisal" for purposes of the Real Estate

Appraiser Licensing Law, to make changes to

certain procedures and the exceptions to licensure

under that law, to regulate appraisal management

companies, and to declare an emergency.

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

Section 1. That sections 109.572, 121.08, 4763.01, 4763.02,	11
4763.03, 4763.05, 4763.07, 4763.08, 4763.11, 4763.12, 4763.13,	12
4763.14, 4763.15, 4763.17, and 4763.19 be amended and sections	13
4768.01, 4768.02, 4768.03, 4768.04, 4768.05, 4768.06, 4768.07,	14
4768.08, 4768.09, 4768.10, 4768.11, 4768.12, 4768.13, 4768.14,	15
4768.15, and 4768.99 of the Revised Code be enacted to read as	16
follows:	17

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	18
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	19
a completed form prescribed pursuant to division (C)(1) of this	20
section, and a set of fingerprint impressions obtained in the	21
manner described in division (C)(2) of this section, the	22
superintendent of the bureau of criminal identification and	23
investigation shall conduct a criminal records check in the manner	24
described in division (B) of this section to determine whether any	25
information exists that indicates that the person who is the	26
subject of the request previously has been convicted of or pleaded	27
guilty to any of the following:	28

(a) A violation of section 2903.01, 2903.02, 2903.03,	29
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	30
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	31
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	32
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	33
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	34
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	35
2925.06, or 3716.11 of the Revised Code, felonious sexual	36
penetration in violation of former section 2907.12 of the Revised	37
Code, a violation of section 2905.04 of the Revised Code as it	38
existed prior to July 1, 1996, a violation of section 2919.23 of	39
the Revised Code that would have been a violation of section	40
2905.04 of the Revised Code as it existed prior to July 1, 1996,	41
had the violation been committed prior to that date, or a	42
violation of section 2925.11 of the Revised Code that is not a	43
minor drug possession offense;	44

(b) A violation of an existing or former law of this state,	45
any other state, or the United States that is substantially	46
equivalent to any of the offenses listed in division (A)(1)(a) of	47
this section;	48

(c) If the request is made pursuant to section 3319.39 of the	49
Revised Code for an applicant who is a teacher, any offense	50
specified in section 3319.31 of the Revised Code.	51

(2) On receipt of a request pursuant to section 3712.09 or	52
3721.121 of the Revised Code, a completed form prescribed pursuant	53
to division (C)(1) of this section, and a set of fingerprint	54
impressions obtained in the manner described in division (C)(2) of	55
this section, the superintendent of the bureau of criminal	56
identification and investigation shall conduct a criminal records	57
check with respect to any person who has applied for employment in	58
a position for which a criminal records check is required by those	59
sections. The superintendent shall conduct the criminal records	60
check in the manner described in division (B) of this section to	61
determine whether any information exists that indicates that the	62
person who is the subject of the request previously has been	63
convicted of or pleaded guilty to any of the following:	64

(a) A violation of section 2903.01, 2903.02, 2903.03,	65
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	66
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	67
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	68
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	69
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	70
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	71
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	72
2925.22, 2925.23, or 3716.11 of the Revised Code;	73

(b) An existing or former law of this state, any other state,	74
or the United States that is substantially equivalent to any of	75
the offenses listed in division (A)(2)(a) of this section.	76

(3) On receipt of a request pursuant to section 173.27,	77
173.38, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, or	78
5123.169 of the Revised Code, a completed form prescribed pursuant	79
to division (C)(1) of this section, and a set of fingerprint	80
impressions obtained in the manner described in division (C)(2) of	81
this section, the superintendent of the bureau of criminal	82
identification and investigation shall conduct a criminal records	83
check of the person for whom the request is made. The	84
superintendent shall conduct the criminal records check in the	85
manner described in division (B) of this section to determine	86
whether any information exists that indicates that the person who	87
is the subject of the request previously has been convicted of,	88
has pleaded guilty to, or (except in the case of a request	89
pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised	90
Code) has been found eligible for intervention in lieu of	91
conviction for any of the following, regardless of the date of the	92
conviction, the date of entry of the guilty plea, or (except in	93
the case of a request pursuant to section 5164.34, 5164.341, or	94
5164.342 of the Revised Code) the date the person was found	95
eligible for intervention in lieu of conviction:	96

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	97
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	98
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	99
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	100
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	101
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	102
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	103
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	104
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	105
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	106
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	107
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	108
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	109
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	110
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	111
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	112
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	113
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	114
2927.12, or 3716.11 of the Revised Code;	115

(b) Felonious sexual penetration in violation of former	116
section 2907.12 of the Revised Code;	117

(c) A violation of section 2905.04 of the Revised Code as it	118
existed prior to July 1, 1996;	119

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	120
the Revised Code when the underlying offense that is the object of	121
the conspiracy, attempt, or complicity is one of the offenses	122
listed in divisions (A)(3)(a) to (c) of this section;	123

(e) A violation of an existing or former municipal ordinance	124
or law of this state, any other state, or the United States that	125
is substantially equivalent to any of the offenses listed in	126
divisions (A)(3)(a) to (d) of this section.	127

(4) On receipt of a request pursuant to section 2151.86 of	128
the Revised Code, a completed form prescribed pursuant to division	129
(C)(1) of this section, and a set of fingerprint impressions	130
obtained in the manner described in division (C)(2) of this	131
section, the superintendent of the bureau of criminal	132
identification and investigation shall conduct a criminal records	133
check in the manner described in division (B) of this section to	134
determine whether any information exists that indicates that the	135
person who is the subject of the request previously has been	136
convicted of or pleaded guilty to any of the following:	137

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	138
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	139
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	140
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	141
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	142
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	143
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	144
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	145
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	146
of the Revised Code, a violation of section 2905.04 of the Revised	147
Code as it existed prior to July 1, 1996, a violation of section	148
2919.23 of the Revised Code that would have been a violation of	149
section 2905.04 of the Revised Code as it existed prior to July 1,	150
1996, had the violation been committed prior to that date, a	151
violation of section 2925.11 of the Revised Code that is not a	152
minor drug possession offense, two or more OVI or OVUAC violations	153
committed within the three years immediately preceding the	154
submission of the application or petition that is the basis of the	155
request, or felonious sexual penetration in violation of former	156
section 2907.12 of the Revised Code;	157

(b) A violation of an existing or former law of this state,	158
any other state, or the United States that is substantially	159
equivalent to any of the offenses listed in division (A)(4)(a) of	160
this section.	161

(5) Upon receipt of a request pursuant to section 5104.012 or	162
5104.013 of the Revised Code, a completed form prescribed pursuant	163
to division (C)(1) of this section, and a set of fingerprint	164
impressions obtained in the manner described in division (C)(2) of	165
this section, the superintendent of the bureau of criminal	166
identification and investigation shall conduct a criminal records	167
check in the manner described in division (B) of this section to	168
determine whether any information exists that indicates that the	169
person who is the subject of the request has been convicted of or	170
pleaded guilty to any of the following:	171

(a) A violation of section 2903.01, 2903.02, 2903.03,	172
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	173
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	174
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	175
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	176
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	177
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	178
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	179
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	180
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	181
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	182
3716.11 of the Revised Code, felonious sexual penetration in	183
violation of former section 2907.12 of the Revised Code, a	184
violation of section 2905.04 of the Revised Code as it existed	185
prior to July 1, 1996, a violation of section 2919.23 of the	186
Revised Code that would have been a violation of section 2905.04	187
of the Revised Code as it existed prior to July 1, 1996, had the	188
violation been committed prior to that date, a violation of	189
section 2925.11 of the Revised Code that is not a minor drug	190
possession offense, a violation of section 2923.02 or 2923.03 of	191
the Revised Code that relates to a crime specified in this	192
division, or a second violation of section 4511.19 of the Revised	193
Code within five years of the date of application for licensure or	194
certification.	195

(b) A violation of an existing or former law of this state,	196
any other state, or the United States that is substantially	197
equivalent to any of the offenses or violations described in	198
division (A)(5)(a) of this section.	199

(6) Upon receipt of a request pursuant to section 5153.111 of	200
the Revised Code, a completed form prescribed pursuant to division	201
(C)(1) of this section, and a set of fingerprint impressions	202
obtained in the manner described in division (C)(2) of this	203
section, the superintendent of the bureau of criminal	204
identification and investigation shall conduct a criminal records	205
check in the manner described in division (B) of this section to	206
determine whether any information exists that indicates that the	207
person who is the subject of the request previously has been	208
convicted of or pleaded guilty to any of the following:	209

(a) A violation of section 2903.01, 2903.02, 2903.03,	210
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	211
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	212
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	213
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	214
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	215
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	216
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	217
felonious sexual penetration in violation of former section	218
2907.12 of the Revised Code, a violation of section 2905.04 of the	219
Revised Code as it existed prior to July 1, 1996, a violation of	220
section 2919.23 of the Revised Code that would have been a	221
violation of section 2905.04 of the Revised Code as it existed	222
prior to July 1, 1996, had the violation been committed prior to	223
that date, or a violation of section 2925.11 of the Revised Code	224
that is not a minor drug possession offense;	225

(b) A violation of an existing or former law of this state,	226
any other state, or the United States that is substantially	227
equivalent to any of the offenses listed in division (A)(6)(a) of	228
this section.	229

(7) On receipt of a request for a criminal records check from	230
an individual pursuant to section 4749.03 or 4749.06 of the	231
Revised Code, accompanied by a completed copy of the form	232
prescribed in division (C)(1) of this section and a set of	233
fingerprint impressions obtained in a manner described in division	234
(C)(2) of this section, the superintendent of the bureau of	235
criminal identification and investigation shall conduct a criminal	236
records check in the manner described in division (B) of this	237
section to determine whether any information exists indicating	238
that the person who is the subject of the request has been	239
convicted of or pleaded guilty to a felony in this state or in any	240
other state. If the individual indicates that a firearm will be	241
carried in the course of business, the superintendent shall	242
require information from the federal bureau of investigation as	243
described in division (B)(2) of this section. Subject to division	244
(F) of this section, the superintendent shall report the findings	245
of the criminal records check and any information the federal	246
bureau of investigation provides to the director of public safety.	247

(8) On receipt of a request pursuant to section 1321.37,	248
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	249
Code, a completed form prescribed pursuant to division (C)(1) of	250
this section, and a set of fingerprint impressions obtained in the	251
manner described in division (C)(2) of this section, the	252
superintendent of the bureau of criminal identification and	253
investigation shall conduct a criminal records check with respect	254
to any person who has applied for a license, permit, or	255
certification from the department of commerce or a division in the	256
department. The superintendent shall conduct the criminal records	257
check in the manner described in division (B) of this section to	258
determine whether any information exists that indicates that the	259
person who is the subject of the request previously has been	260
convicted of or pleaded guilty to any of the following: a	261
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	262
2925.03 of the Revised Code; any other criminal offense involving	263
theft, receiving stolen property, embezzlement, forgery, fraud,	264
passing bad checks, money laundering, or drug trafficking, or any	265
criminal offense involving money or securities, as set forth in	266
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	267
the Revised Code; or any existing or former law of this state, any	268
other state, or the United States that is substantially equivalent	269
to those offenses.	270

(9) On receipt of a request for a criminal records check from	271
the treasurer of state under section 113.041 of the Revised Code	272
or from an individual under section 4701.08, 4715.101, 4717.061,	273
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	274
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	275
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	276
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	277
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code,	278
accompanied by a completed form prescribed under division (C)(1)	279
of this section and a set of fingerprint impressions obtained in	280
the manner described in division (C)(2) of this section, the	281
superintendent of the bureau of criminal identification and	282
investigation shall conduct a criminal records check in the manner	283
described in division (B) of this section to determine whether any	284
information exists that indicates that the person who is the	285
subject of the request has been convicted of or pleaded guilty to	286
any criminal offense in this state or any other state. Subject to	287
division (F) of this section, the superintendent shall send the	288
results of a check requested under section 113.041 of the Revised	289
Code to the treasurer of state and shall send the results of a	290
check requested under any of the other listed sections to the	291
licensing board specified by the individual in the request.	292

(10) On receipt of a request pursuant to section 1121.23,	293
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	294
Code, a completed form prescribed pursuant to division (C)(1) of	295
this section, and a set of fingerprint impressions obtained in the	296
manner described in division (C)(2) of this section, the	297
superintendent of the bureau of criminal identification and	298
investigation shall conduct a criminal records check in the manner	299
described in division (B) of this section to determine whether any	300
information exists that indicates that the person who is the	301
subject of the request previously has been convicted of or pleaded	302
guilty to any criminal offense under any existing or former law of	303
this state, any other state, or the United States.	304

(11) On receipt of a request for a criminal records check	305
from an appointing or licensing authority under section 3772.07 of	306
the Revised Code, a completed form prescribed under division	307
(C)(1) of this section, and a set of fingerprint impressions	308
obtained in the manner prescribed in division (C)(2) of this	309
section, the superintendent of the bureau of criminal	310
identification and investigation shall conduct a criminal records	311
check in the manner described in division (B) of this section to	312
determine whether any information exists that indicates that the	313
person who is the subject of the request previously has been	314
convicted of or pleaded guilty or no contest to any offense under	315
any existing or former law of this state, any other state, or the	316
United States that is a disqualifying offense as defined in	317
section 3772.07 of the Revised Code or substantially equivalent to	318
such an offense.	319

(12) On receipt of a request pursuant to section 2151.33 or	320
2151.412 of the Revised Code, a completed form prescribed pursuant	321
to division (C)(1) of this section, and a set of fingerprint	322
impressions obtained in the manner described in division (C)(2) of	323
this section, the superintendent of the bureau of criminal	324
identification and investigation shall conduct a criminal records	325
check with respect to any person for whom a criminal records check	326
is required by that section. The superintendent shall conduct the	327
criminal records check in the manner described in division (B) of	328
this section to determine whether any information exists that	329
indicates that the person who is the subject of the request	330
previously has been convicted of or pleaded guilty to any of the	331
following:	332

(a) A violation of section 2903.01, 2903.02, 2903.03,	333
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	334
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	335
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	336
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	337
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	338
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	339
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	340
2925.22, 2925.23, or 3716.11 of the Revised Code;	341

(b) An existing or former law of this state, any other state,	342
or the United States that is substantially equivalent to any of	343
the offenses listed in division (A)(12)(a) of this section.	344

(13) On receipt of a request pursuant to section 4768.06 of	345
the Revised Code, a completed form prescribed under division	346
(C)(1) of this section, and a set of fingerprint impressions	347
obtained in the manner described in division (C)(2) of this	348
section, the superintendent of the bureau of criminal	349
identification and investigation shall conduct a criminal records	350
check in the manner described in division (B) of this section to	351
determine whether any information exists indicating that the	352
person who is the subject of the request has been convicted of or	353
pleaded guilty to a felony in this state or in any other state.	354

(B) Subject to division (F) of this section, the	355
superintendent shall conduct any criminal records check to be	356
conducted under this section as follows:	357

(1) The superintendent shall review or cause to be reviewed	358
any relevant information gathered and compiled by the bureau under	359
division (A) of section 109.57 of the Revised Code that relates to	360
the person who is the subject of the criminal records check,	361
including, if the criminal records check was requested under	362
section 113.041, 121.08, 173.27, 173.38, 1121.23, 1155.03,	363
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	364
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	365
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 4768.06,	366
5104.012, 5104.013, 5164.34, 5164.341, 5164.342, 5123.081,	367
5123.169, or 5153.111 of the Revised Code, any relevant	368
information contained in records that have been sealed under	369
section 2953.32 of the Revised Code;	370

(2) If the request received by the superintendent asks for	371
information from the federal bureau of investigation, the	372
superintendent shall request from the federal bureau of	373
investigation any information it has with respect to the person	374
who is the subject of the criminal records check, including	375
fingerprint-based checks of national crime information databases	376
as described in 42 U.S.C. 671 if the request is made pursuant to	377
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	378
any other Revised Code section requires fingerprint-based checks	379
of that nature, and shall review or cause to be reviewed any	380
information the superintendent receives from that bureau. If a	381
request under section 3319.39 of the Revised Code asks only for	382
information from the federal bureau of investigation, the	383
superintendent shall not conduct the review prescribed by division	384
(B)(1) of this section.	385

(3) The superintendent or the superintendent's designee may	386
request criminal history records from other states or the federal	387
government pursuant to the national crime prevention and privacy	388
compact set forth in section 109.571 of the Revised Code.	389

(4) The superintendent shall include in the results of the	390
criminal records check a list or description of the offenses	391
listed or described in division (A)(1), (2), (3), (4), (5), (6),	392
(7), (8), (9), (10), (11), or (12), or (13) of this section,	393
whichever division requires the superintendent to conduct the	394
criminal records check. The superintendent shall exclude from the	395
results any information the dissemination of which is prohibited	396
by federal law.	397

(5) The superintendent shall send the results of the criminal	398
records check to the person to whom it is to be sent not later	399
than the following number of days after the date the	400
superintendent receives the request for the criminal records	401
check, the completed form prescribed under division (C)(1) of this	402
section, and the set of fingerprint impressions obtained in the	403
manner described in division (C)(2) of this section:	404

(a) If the superintendent is required by division (A) of this	405
section (other than division (A)(3) of this section) to conduct	406
the criminal records check, thirty;	407

(b) If the superintendent is required by division (A)(3) of	408
this section to conduct the criminal records check, sixty.	409

(C)(1) The superintendent shall prescribe a form to obtain	410
the information necessary to conduct a criminal records check from	411
any person for whom a criminal records check is to be conducted	412
under this section. The form that the superintendent prescribes	413
pursuant to this division may be in a tangible format, in an	414
electronic format, or in both tangible and electronic formats.	415

(2) The superintendent shall prescribe standard impression	416
sheets to obtain the fingerprint impressions of any person for	417
whom a criminal records check is to be conducted under this	418
section. Any person for whom a records check is to be conducted	419
under this section shall obtain the fingerprint impressions at a	420
county sheriff's office, municipal police department, or any other	421
entity with the ability to make fingerprint impressions on the	422
standard impression sheets prescribed by the superintendent. The	423
office, department, or entity may charge the person a reasonable	424
fee for making the impressions. The standard impression sheets the	425
superintendent prescribes pursuant to this division may be in a	426
tangible format, in an electronic format, or in both tangible and	427
electronic formats.	428

(3) Subject to division (D) of this section, the	429
superintendent shall prescribe and charge a reasonable fee for	430
providing a criminal records check under this section. The person	431
requesting the criminal records check shall pay the fee prescribed	432
pursuant to this division. In the case of a request under section	433
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	434
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in	435
the manner specified in that section.	436

(4) The superintendent of the bureau of criminal	437
identification and investigation may prescribe methods of	438
forwarding fingerprint impressions and information necessary to	439
conduct a criminal records check, which methods shall include, but	440
not be limited to, an electronic method.	441

(D) The results of a criminal records check conducted under	442
this section, other than a criminal records check specified in	443
division (A)(7) of this section, are valid for the person who is	444
the subject of the criminal records check for a period of one year	445
from the date upon which the superintendent completes the criminal	446
records check. If during that period the superintendent receives	447
another request for a criminal records check to be conducted under	448
this section for that person, the superintendent shall provide the	449
results from the previous criminal records check of the person at	450
a lower fee than the fee prescribed for the initial criminal	451
records check.	452

(E) When the superintendent receives a request for	453
information from a registered private provider, the superintendent	454
shall proceed as if the request was received from a school	455
district board of education under section 3319.39 of the Revised	456
Code. The superintendent shall apply division (A)(1)(c) of this	457
section to any such request for an applicant who is a teacher.	458

(F)(1) All information regarding the results of a criminal	459
records check conducted under this section that the superintendent	460
reports or sends under division (A)(7) or (9) of this section to	461
the director of public safety, the treasurer of state, or the	462
person, board, or entity that made the request for the criminal	463
records check shall relate to the conviction of the subject	464
person, or the subject person's plea of guilty to, a criminal	465
offense.	466

(2) Division (F)(1) of this section does not limit, restrict,	467
or preclude the superintendent's release of information that	468
relates to an adjudication of a child as a delinquent child, or	469
that relates to a criminal conviction of a person under eighteen	470
years of age if the person's case was transferred back to a	471
juvenile court under division (B)(2) or (3) of section 2152.121 of	472
the Revised Code and the juvenile court imposed a disposition or	473
serious youthful offender disposition upon the person under either	474
division, if either of the following applies with respect to the	475
adjudication or conviction:	476

(a) The adjudication or conviction was for a violation of	477
section 2903.01 or 2903.02 of the Revised Code.	478

(b) The adjudication or conviction was for a sexually	479
oriented offense, as defined in section 2950.01 of the Revised	480
Code, the juvenile court was required to classify the child a	481
juvenile offender registrant for that offense under section	482
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	483
classification has not been removed.	484

(G) As used in this section:

485

(1) "Criminal records check" means any criminal records check	486
conducted by the superintendent of the bureau of criminal	487
identification and investigation in accordance with division (B)	488
of this section.	489

(2) "Minor drug possession offense" has the same meaning as	490
in section 2925.01 of the Revised Code.	491

(3) "OVI or OVUAC violation" means a violation of section	492
4511.19 of the Revised Code or a violation of an existing or	493
former law of this state, any other state, or the United States	494
that is substantially equivalent to section 4511.19 of the Revised	495
Code.	496

(4) "Registered private provider" means a nonpublic school or	497
entity registered with the superintendent of public instruction	498
under section 3310.41 of the Revised Code to participate in the	499
autism scholarship program or section 3310.58 of the Revised Code	500
to participate in the Jon Peterson special needs scholarship	501
program.	502

Sec. 121.08. (A) There is hereby created in the department	503
of commerce the position of deputy director of administration.	504
This officer shall be appointed by the director of commerce, serve	505
under the director's direction, supervision, and control, perform	506
the duties the director prescribes, and hold office during the	507
director's pleasure. The director of commerce may designate an	508
assistant director of commerce to serve as the deputy director of	509
administration. The deputy director of administration shall	510
perform the duties prescribed by the director of commerce in	511
supervising the activities of the division of administration of	512
the department of commerce.	513

(B) Except as provided in section 121.07 of the Revised Code,	514
the department of commerce shall have all powers and perform all	515
duties vested in the deputy director of administration, the state	516
fire marshal, the superintendent of financial institutions, the	517
superintendent of real estate and professional licensing, the	518
superintendent of liquor control, the superintendent of industrial	519
compliance, the superintendent of unclaimed funds, and the	520
commissioner of securities, and shall have all powers and perform	521
all duties vested by law in all officers, deputies, and employees	522
of those offices. Except as provided in section 121.07 of the	523
Revised Code, wherever powers are conferred or duties imposed upon	524
any of those officers, the powers and duties shall be construed as	525
vested in the department of commerce.	526

(C)(1) There is hereby created in the department of commerce	527
a division of financial institutions, which shall have all powers	528
and perform all duties vested by law in the superintendent of	529
financial institutions. Wherever powers are conferred or duties	530
imposed upon the superintendent of financial institutions, those	531
powers and duties shall be construed as vested in the division of	532
financial institutions. The division of financial institutions	533
shall be administered by the superintendent of financial	534
institutions.	535

(2) All provisions of law governing the superintendent of	536
financial institutions shall apply to and govern the	537
superintendent of financial institutions provided for in this	538
section; all authority vested by law in the superintendent of	539
financial institutions with respect to the management of the	540
division of financial institutions shall be construed as vested in	541
the superintendent of financial institutions created by this	542
section with respect to the division of financial institutions	543
provided for in this section; and all rights, privileges, and	544
emoluments conferred by law upon the superintendent of financial	545
institutions shall be construed as conferred upon the	546
superintendent of financial institutions as head of the division	547
of financial institutions. The director of commerce shall not	548
transfer from the division of financial institutions any of the	549
functions specified in division (C)(2) of this section.	550

(D) There is hereby created in the department of commerce a	551
division of liquor control, which shall have all powers and	552
perform all duties vested by law in the superintendent of liquor	553
control. Wherever powers are conferred or duties are imposed upon	554
the superintendent of liquor control, those powers and duties	555
shall be construed as vested in the division of liquor control.	556
The division of liquor control shall be administered by the	557
superintendent of liquor control.	558

(E) The director of commerce shall not be interested,	559
directly or indirectly, in any firm or corporation which is a	560
dealer in securities as defined in sections 1707.01 and 1707.14 of	561
the Revised Code, or in any firm or corporation licensed under	562
sections 1321.01 to 1321.19 of the Revised Code.	563

(F) The director of commerce shall not have any official	564
connection with a savings and loan association, a savings bank, a	565
bank, a bank holding company, a savings and loan association	566
holding company, a consumer finance company, or a credit union	567
that is under the supervision of the division of financial	568
institutions, or a subsidiary of any of the preceding entities, or	569
be interested in the business thereof.	570

(G) There is hereby created in the state treasury the	571
division of administration fund. The fund shall receive	572
assessments on the operating funds of the department of commerce	573
in accordance with procedures prescribed by the director of	574
commerce and approved by the director of budget and management.	575
All operating expenses of the division of administration shall be	576
paid from the division of administration fund.	577

(H) There is hereby created in the department of commerce a	578
division of real estate and professional licensing, which shall be	579
under the control and supervision of the director of commerce. The	580
division of real estate and professional licensing shall be	581
administered by the superintendent of real estate and professional	582
licensing. The superintendent of real estate and professional	583
licensing shall exercise the powers and perform the functions and	584
duties delegated to the superintendent under Chapters 4735.,	585
4763., ~~and~~ 4767., and 4768. of the Revised Code.	586

(I) There is hereby created in the department of commerce a	587
division of industrial compliance, which shall have all powers and	588
perform all duties vested by law in the superintendent of	589
industrial compliance. Wherever powers are conferred or duties	590
imposed upon the superintendent of industrial compliance, those	591
powers and duties shall be construed as vested in the division of	592
industrial compliance. The division of industrial compliance shall	593
be under the control and supervision of the director of commerce	594
and be administered by the superintendent of industrial	595
compliance.	596

(J) There is hereby created in the department of commerce a	597
division of unclaimed funds, which shall have all powers and	598
perform all duties delegated to or vested by law in the	599
superintendent of unclaimed funds. Wherever powers are conferred	600
or duties imposed upon the superintendent of unclaimed funds,	601
those powers and duties shall be construed as vested in the	602
division of unclaimed funds. The division of unclaimed funds shall	603
be under the control and supervision of the director of commerce	604
and shall be administered by the superintendent of unclaimed	605
funds. The superintendent of unclaimed funds shall exercise the	606
powers and perform the functions and duties delegated to the	607
superintendent by the director of commerce under section 121.07	608
and Chapter 169. of the Revised Code, and as may otherwise be	609
provided by law.	610

(K) The department of commerce or a division of the	611
department created by the Revised Code that is acting with	612
authorization on the department's behalf may request from the	613
bureau of criminal identification and investigation pursuant to	614
section 109.572 of the Revised Code, or coordinate with	615
appropriate federal, state, and local government agencies to	616
accomplish, criminal records checks for the persons whose	617
identities are required to be disclosed by an applicant for the	618
issuance or transfer of a permit, license, certificate of	619
registration, or certification issued or transferred by the	620
department or division. At or before the time of making a request	621
for a criminal records check, the department or division may	622
require any person whose identity is required to be disclosed by	623
an applicant for the issuance or transfer of such a license,	624
permit, certificate of registration, or certification to submit to	625
the department or division valid fingerprint impressions in a	626
format and by any media or means acceptable to the bureau of	627
criminal identification and investigation and, when applicable,	628
the federal bureau of investigation. The department or division	629
may cause the bureau of criminal identification and investigation	630
to conduct a criminal records check through the federal bureau of	631
investigation only if the person for whom the criminal records	632
check would be conducted resides or works outside of this state or	633
has resided or worked outside of this state during the preceding	634
five years, or if a criminal records check conducted by the bureau	635
of criminal identification and investigation within this state	636
indicates that the person may have a criminal record outside of	637
this state.	638

In the case of a criminal records check under section 109.572	639
of the Revised Code, the department or division shall forward to	640
the bureau of criminal identification and investigation the	641
requisite form, fingerprint impressions, and fee described in	642
division (C) of that section. When requested by the department or	643
division in accordance with this section, the bureau of criminal	644
identification and investigation shall request from the federal	645
bureau of investigation any information it has with respect to the	646
person who is the subject of the requested criminal records check	647
and shall forward the requisite fingerprint impressions and	648
information to the federal bureau of investigation for that	649
criminal records check. After conducting a criminal records check	650
or receiving the results of a criminal records check from the	651
federal bureau of investigation, the bureau of criminal	652
identification and investigation shall provide the results to the	653
department or division.	654

The department or division may require any person about whom	655
a criminal records check is requested to pay to the department or	656
division the amount necessary to cover the fee charged to the	657
department or division by the bureau of criminal identification	658
and investigation under division (C)(3) of section 109.572 of the	659
Revised Code, including, when applicable, any fee for a criminal	660
records check conducted by the federal bureau of investigation.	661

Sec. 4763.01. As used in this chapter:

662

(A) "Real estate appraisal" or "appraisal" means ~~an analysis,~~	663
the act or process of developing an opinion~~, or conclusion~~	664
~~relating to the nature, quality, value, or utility of specified~~	665
~~interests in, or aspects of identified real estate that is~~	666
~~classified as either a valuation or an analysis~~of value of real	667
property in conformity with the uniform standards of professional	668
appraisal practice.	669

(B) "Valuation" means an estimate of the value of real	670
estate.	671

(C) "Analysis" means a study of real estate for purposes	672
other than valuation.	673

(D) "Appraisal report" means a written communication of a	674
real estate appraisal,or appraisal review~~, or appraisal~~	675
~~consulting service~~ or an oral communication of a real estate	676
appraisal,or appraisal review~~, or appraisal consulting service~~	677
that is documented by a writing that supports the oral	678
communication.	679

(E) "Appraisal assignment" means an engagement for which a	680
person licensed or certified under this chapter is employed,	681
retained, or engaged to act, or would be perceived by third	682
parties or the public as acting, as a disinterested third party in	683
rendering an unbiased real estate appraisal.	684

(F) "Specialized services" means all appraisal services,	685
other than appraisal assignments, including, but not limited to,	686
valuation and analysis given in connection with activities such as	687
real estate brokerage, mortgage banking, real estate counseling,	688
and real estate tax counseling, and specialized marketing,	689
financing, and feasibility studies.	690

(G) "Real estate" has the same meaning as in section 4735.01	691
of the Revised Code.	692

(H) "Appraisal foundation" means a nonprofit corporation	693
incorporated under the laws of the state of Illinois on November	694
30, 1987, for the purposes of establishing and improving uniform	695
appraisal standards by defining, issuing, and promoting those	696
standards; establishing appropriate criteria for the certification	697
and recertification of qualified appraisers by defining, issuing,	698
and promoting the qualification criteria and disseminating the	699
qualification criteria to others; and developing or assisting in	700
development of appropriate examinations for qualified appraisers.	701

(I) "Prepare" means to develop and communicate, whether	702
through a personal physical inspection or through the act or	703
process of critically studying a report prepared by another who	704
made the physical inspection, an appraisal~~, analysis, or opinion,~~	705
report or specialized service ~~and to~~ report ~~the results~~. If the	706
person who develops and communicates the appraisal or specialized	707
service report does not make the personal inspection, the name of	708
the person who does make the personal inspection shall be	709
identified on the appraisal or specialized service ~~reported~~	710
report.	711

(J) "Report" means any communication, written, oral, or by	712
any other means of transmission of information, of a real estate	713
appraisal, appraisal review, ~~appraisal consulting service,~~ or	714
specialized service that is transmitted to a client or employer	715
upon completion of the appraisal or service.	716

(K) "State-certified general real estate appraiser" means any	717
person who satisfies the certification requirements of this	718
chapter relating to the appraisal of all types of real property	719
and who holds a current and valid certificate or renewal	720
certificate issued to the person pursuant to this chapter.	721

(L) "State-certified residential real estate appraiser" means	722
any person who satisfies the certification requirements only	723
relating to the appraisal of one to four units of single-family	724
residential real estate without regard to transaction value or	725
complexity and who holds a current and valid certificate or	726
renewal certificate issued to the person pursuant to this chapter.	727

(M) "State-licensed residential real estate appraiser" means	728
any person who satisfies the licensure requirements of this	729
chapter relating to the appraisal of noncomplex one-to-four unit	730
single-family residential real estate having a transaction value	731
of less than one million dollars and complex one-to-four unit	732
single-family residential real estate having a transaction value	733
of less than two hundred fifty thousand dollars and who holds a	734
current and valid license or renewal license issued to the person	735
pursuant to this chapter.	736

(N) "Certified or licensed real estate appraisal report"	737
means an appraisal report prepared ~~and reported~~ by a certificate	738
holder or licensee under this chapter acting within the scope of	739
certification or licensure and as a disinterested third party.	740

(O) "State-registered real estate appraiser assistant" means	741
any person, other than a state-certified general real estate	742
appraiser, state-certified residential real estate appraiser, or a	743
state-licensed residential real estate appraiser, who satisfies	744
the registration requirements of this chapter for participating in	745
~~the development and preparation of~~ real estate appraisals and who	746
holds a current and valid registration or renewal registration	747
issued to the person pursuant to this chapter.	748

(P) "Institution of higher education" means a state	749
university or college, a private college or university located in	750
this state that possesses a certificate of authorization issued by	751
the Ohio board of regents pursuant to Chapter 1713. of the Revised	752
Code, or an accredited college or university located outside this	753
state that is accredited by an accrediting organization or	754
professional accrediting association recognized by the Ohio board	755
of regents.	756

(Q) "Division of real estate" may be used interchangeably	757
with, and for all purposes has the same meaning as, "division of	758
real estate and professional licensing."	759

(R) "Superintendent" or "superintendent of real estate" means	760
the superintendent of the division of real estate and professional	761
licensing of this state. Whenever the division or superintendent	762
of real estate is referred to or designated in any statute, rule,	763
contract, or other document, the reference or designation shall be	764
deemed to refer to the division or superintendent of real estate	765
and professional licensing, as the case may be.	766

(S) "Appraisal review" means the act or process of developing	767
and communicating an opinion about the quality of another	768
appraiser's work that was performed as part of an appraisal,or	769
appraisal review~~, or appraisal consulting assignment~~. "Appraisal	770
review" does not include an examination of an appraisal for	771
grammatical errors, typographical errors, or completeness,	772
provided the review for completeness does not require an opinion	773
about the quality of the work of an appraiser. The real estate	774
appraiser board may define, by rule, "review for completeness."	775

(T) ~~"Appraisal consulting" means the act or process of~~	776
~~developing an analysis, recommendation, or opinion to solve a~~	777
~~problem related to real estate.~~	778

~~(U)~~ "Work file" means documentation used during the	779
preparation of an appraisal report or necessary to support an	780
appraiser's analyses, opinions, or conclusions.	781

(U) "Automated valuation model" means a computer software	782
program that analyzes data using an automated process, such as	783
regression, adaptive estimation, neural network, expert reasoning,	784
or artificial intelligence programs, that produces an output that	785
may become a basis for appraisal or appraisal review if the	786
appraiser believes the output to be credible for use in a specific	787
assignment.	788

Sec. 4763.02. (A) There is hereby created the real estate	789
appraiser board, consisting of five members appointed by the	790
governor, with the advice and consent of the senate. Four members	791
shall be persons certified or licensed under this chapter, at	792
least two of whom shall hold a state-certified general real estate	793
appraiser certificate, and one of whom shall be an owner,	794
controlling person, or management-level employee of an appraisal	795
management company licensed and in good standing under Chapter	796
4768. of the Revised Code. One member shall represent the public	797
and shall not be engaged in the practice of ~~issuing~~performing	798
real estate appraisals, real estate brokerage or sales, or have	799
any financial interest in such practices. At least one of the	800
certificate holders or licensees members shall be a real estate	801
broker licensed pursuant to Chapter 4735. of the Revised Code	802
whose license is in good standing. For the purpose of appointment	803
to an eligibility for appointment to the board, the license of a	804
real estate broker may be on deposit with the division of real	805
estate of the department of commerce. No more than three members	806
shall be members of the same political party and no member of the	807
board concurrently may be a member of the board and the Ohio real	808
estate commission created pursuant to section 4735.03 of the	809
Revised Code. Of the initial appointments to the board, one is for	810
a term ending June 30, 1990, two are for terms ending June 30,	811
1991, and two are for terms ending June 30, 1992. Thereafter,	812
terms of office are for three years, commencing on the first day	813
of July and ending on the thirtieth day of June. Each member shall	814
hold office from the date of ~~his~~ appointment until the end of the	815
term for which ~~he is~~ appointed. Prior to entering upon ~~the~~	816
official duties ~~of his office~~, each member shall subscribe to, and	817
file with the secretary of state, the constitutional oath of	818
office. Vacancies that occur on the board shall be filled in the	819
manner prescribed for regular appointments to the board. A member	820
appointed to fill a vacancy occurring prior to the expiration of	821
the term for which ~~his~~the member's predecessor was appointed	822
shall hold office for the remainder of that term. A member shall	823
continue in office subsequent to the expiration date of ~~his~~the	824
member's term until ~~his~~the member's successor takes office or	825
until ~~sixty~~ninety days have elapsed, whichever occurs first. No	826
person shall serve as a member of the board for more than two	827
consecutive terms. The governor may remove a member pursuant to	828
section 3.04 of the Revised Code.	829

(B) Annually, upon the qualification of the members appointed	830
in that year, the board shall organize by selecting from its	831
members a ~~chairman~~chairperson and a vice-chairperson. The board	832
shall meet at least once each calendar quarter to conduct its	833
business with the place of future meetings to be decided by a vote	834
of its members. Each member shall be provided with written notice	835
of the time and place of each board meeting at least ten days	836
prior to the scheduled date of the meeting. A majority of the	837
members of the board constitutes a quorum to transact and vote on	838
all business coming before the board.	839

(C) Each member of the board shall receive an amount fixed	840
pursuant to division (J) of section 124.15 of the Revised Code for	841
each day employed in the discharge of ~~his~~ official duties, and ~~his~~	842
the member's actual and necessary expenses incurred in the	843
discharge of those duties.	844

(D) The board is part of the department of commerce for	845
administrative purposes. The director of commerce is ex officio	846
the executive officer of the board, or the director may designate	847
the superintendent of real estate and professional licensing to	848
act as executive officer of the board.	849

Sec. 4763.03. (A) In addition to any other duties imposed on	850
the real estate appraiser board under this chapter, the board	851
shall:	852

(1) Adopt rules, in accordance with Chapter 119. of the	853
Revised Code, in furtherance of this chapter, including, but not	854
limited to, all of the following:	855

(a) Defining, with respect to state-certified general real	856
estate appraisers, state-certified residential real estate	857
appraisers, and state-licensed residential real estate appraisers,	858
the type of educational experience, appraisal experience, and	859
other equivalent experience that satisfy the requirements of this	860
chapter. The rules shall require that all appraisal experience	861
performed after January ~~1, 1996~~30, 1989, meet the uniform	862
standards of professional practice established by the appraisal	863
foundation.	864

(b) Establishing the examination specifications for	865
state-certified general real estate appraisers, state-certified	866
residential real estate appraisers, and state-licensed residential	867
real estate appraisers;	868

(c) Relating to disciplinary proceedings conducted in	869
accordance with section 4763.11 of the Revised Code, including	870
rules governing the reinstatement of certificates, registrations,	871
and licenses that have been suspended pursuant to those	872
proceedings;	873

(d) Identifying any additional information to be included on	874
the forms specified in division (C) of section 4763.12 of the	875
Revised Code, provided that the rules shall not require any less	876
information than is required in that division;	877

(e) Establishing the fees set forth in section 4763.09 of the	878
Revised Code;	879

(f) Establishing the amount of the assessment required by	880
division (A)(2) of section 4763.05 of the Revised Code. The board	881
annually shall determine the amount due from each applicant for an	882
initial certificate, registration, and license in an amount that	883
will maintain the real estate appraiser recovery fund at the level	884
specified in division (A) of section 4763.16 of the Revised Code.	885
The board may, if the fund falls below that amount, require	886
current certificate holders, registrants, and licensees to pay an	887
additional assessment.	888

(g) Defining the educational requirements pursuant to	889
division (C) of section 4763.05 of the Revised Code;	890

(h) Establishing a real estate appraiser assistant program	891
for the registration of real estate appraiser assistants.	892

(2) Prescribe by rule the requirements for the examinations	893
required by division (D) of section 4763.05 of the Revised Code;	894

(3) Periodically review the standards for the development and	895
reporting of appraisal reports provided in this chapter and adopt	896
rules explaining and interpreting those standards;	897

(4) Hear appeals, pursuant to Chapter 119. of the Revised	898
Code, from decisions and orders the superintendent of real estate	899
issues pursuant to this chapter;	900

(5) Request the initiation by the superintendent of	901
investigations of violations of this chapter or the rules adopted	902
pursuant thereto, as the board determines appropriate;	903

(6) Determine the appropriate disciplinary actions to be	904
taken against certificate holders, registrants, and licensees	905
under this chapter as provided in section 4763.11 of the Revised	906
Code.	907

(B) In addition to any other duties imposed on the	908
superintendent of real estate under this chapter, the	909
superintendent shall:	910

(1) Prescribe the form and content of all applications	911
required by this chapter;	912

(2) Receive applications for certifications, registrations,	913
and licenses and renewal thereof under this chapter and establish	914
the procedures for processing, approving, and disapproving those	915
applications;	916

(3) Retain records and all application materials submitted to	917
the superintendent;	918

(4) Establish the time and place for conducting the	919
examinations required by division (D) of section 4763.05 of the	920
Revised Code;	921

(5) Issue certificates, registrations, and licenses and	922
maintain a register of the names and addresses of all persons	923
issued a certificate, registration, or license under this chapter;	924

(6) Perform any other functions and duties, including the	925
employment of staff, necessary to administer this chapter;	926

(7) Administer this chapter;

927

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

928

(9) Investigate complaints, upon the superintendent's own	929
motion or upon receipt of a complaint or upon a request of the	930
board, concerning any violation of this chapter or the rules	931
adopted pursuant thereto or the conduct of any person holding a	932
certificate, registration, or license issued pursuant to this	933
chapter;	934

(10) Establish and maintain an investigation and audit	935
section to investigate complaints and conduct inspections, audits,	936
and other inquiries as in the judgment of the superintendent are	937
appropriate to enforce this chapter. The investigators and	938
auditors have the right to review and audit the business records	939
of certificate holders, registrants, and licensees during normal	940
business hours. The superintendent may utilize the investigators	941
and auditors employed pursuant to division (B)(4) of section	942
4735.05 of the Revised Code or currently licensed certificate	943
holders or licensees to assist in performing the duties of this	944
division.	945

(11) Appoint a ~~referee or~~hearing examiner for any proceeding	946
involving the disciplinary action of a certificate holder,	947
licensee, or registrant under section 4763.11 of the Revised Code;	948

(12) Administer the real estate appraiser recovery fund;

949

(13) Conduct the examinations required by division (D) of	950
section 4763.05 of the Revised Code at least four times per year.	951

952

(1) In connection with hearings, investigations ~~and~~, or	953
audits under division (B) of this section, subpoena witnesses as	954
provided in section 4763.04 of the Revised Code;	955

(2) Apply to the appropriate court to enjoin any violation of	956
this chapter. Upon a showing by the superintendent that any person	957
has violated or is about to violate this chapter, the court shall	958
grant an injunction, restraining order, or other appropriate	959
relief, or any combination thereof.	960

(D) All information that is obtained by investigators and	961
auditors performing investigations or conducting inspections,	962
audits, and other inquiries pursuant to division (B)(10) of this	963
section, from certificate holders, registrants, licensees,	964
complainants, or other persons, and all reports, documents, and	965
other work products that arise from that information and that are	966
prepared by the investigators, auditors, or other personnel of the	967
department of commerce, shall be held in confidence by the	968
superintendent, the investigators and auditors, and other	969
personnel of the department.	970

(E) This section does not prevent the division of real estate	971
and professional licensing from releasing information relating to	972
certificate holders, registrants, and licensees to the	973
superintendent of financial institutions for purposes relating to	974
the administration of sections 1322.01 to 1322.12 of the Revised	975
Code, to the commissioner of securities for purposes relating to	976
Chapter 1707. of the Revised Code, to the superintendent of	977
insurance for purposes relating to the administration of Chapter	978
3953. of the Revised Code, to the attorney general, or to ~~local~~	979
law enforcement agencies and ~~local~~ prosecutors. Information	980
released by the division pursuant to this section remains	981
confidential.	982

(F) Any rule the board adopts shall ~~not~~meet or exceed the	983
requirements specified in federal law or regulations.	984

Sec. 4763.05. (A)(1)(a) A person shall make application for	985
an initial state-certified general real estate appraiser	986
certificate, an initial state-certified residential real estate	987
appraiser certificate, an initial state-licensed residential real	988
estate appraiser license, or an initial state-registered real	989
estate appraiser assistant registration in writing to the	990
superintendent of real estate on a form the superintendent	991
prescribes. The application shall include the address of the	992
applicant's principal place of business and all other addresses at	993
which the applicant currently engages in the business of ~~preparing~~	994
performing real estate appraisals and the address of the	995
applicant's current residence. The superintendent shall retain the	996
applicant's current residence address in a separate record which	997
does not constitute a public record for purposes of section 149.43	998
of the Revised Code. The application shall indicate whether the	999
applicant seeks certification as a general real estate appraiser	1000
or as a residential real estate appraiser, licensure as a	1001
residential real estate appraiser, or registration as a real	1002
estate appraiser assistant and be accompanied by the prescribed	1003
examination and certification, registration, or licensure fees set	1004
forth in section 4763.09 of the Revised Code. The application also	1005
shall include a pledge, signed by the applicant, that the	1006
applicant will comply with the standards set forth in this	1007
chapter; and a statement that the applicant understands the types	1008
of misconduct for which disciplinary proceedings may be initiated	1009
against the applicant pursuant to this chapter.	1010

(b) Upon the filing of an application and payment of any	1011
examination and certification, registration, or licensure fees,	1012
the superintendent of real estate shall request the superintendent	1013
of the bureau of criminal identification and investigation, or a	1014
vendor approved by the bureau, to conduct a criminal records check	1015
based on the applicant's fingerprints in accordance with section	1016
109.572 of the Revised Code. Notwithstanding division (K) of	1017
section 121.08 of the Revised Code, the superintendent of real	1018
estate shall request that criminal record information from the	1019
federal bureau of investigation be obtained as part of the	1020
criminal records check. Any fee required under division (C)(3) of	1021
section 109.572 of the Revised Code shall be paid by the	1022
applicant.	1023

(2) For purposes of providing funding for the real estate	1024
appraiser recovery fund established by section 4763.16 of the	1025
Revised Code, the real estate appraiser board shall levy an	1026
assessment against each person issued an initial certificate,	1027
registration, or license and against current licensees,	1028
registrants, and certificate holders, as required by board rule.	1029
The assessment is in addition to the application and examination	1030
fees for initial applicants required by division (A)(1) of this	1031
section and the renewal fees required for current certificate	1032
holders, registrants, and licensees. The superintendent of real	1033
estate shall deposit the assessment into the state treasury to the	1034
credit of the real estate appraiser recovery fund. The assessment	1035
for initial certificate holders, registrants, and licensees shall	1036
be paid prior to the issuance of a certificate, registration, or	1037
license, and for current certificate holders, registrants, and	1038
licensees, at the time of renewal.	1039

(B) An applicant for an initial general real estate appraiser	1040
certificate, residential real estate appraiser certificate, or	1041
residential real estate appraiser license shall possess experience	1042
in real estate appraisal as the board prescribes by rule. In	1043
addition to any other information required by the board, the	1044
applicant shall furnish, under oath, a detailed listing of the	1045
appraisal reports or file memoranda for each year for which	1046
experience is claimed and, upon request of the superintendent or	1047
the board, shall make available for examination a sample of the	1048
appraisal reports prepared by the applicant in the course of the	1049
applicant's practice.	1050

(C) An applicant for an initial certificate, registration, or	1051
license shall be at least eighteen years of age, honest, truthful,	1052
and of good reputation and shall present satisfactory evidence to	1053
the superintendent that the applicant has successfully completed	1054
any education requirements the board prescribes by rule.	1055

(D) An applicant for an initial general real estate appraiser	1056
or residential real estate appraiser certificate or residential	1057
real estate appraiser license shall take and successfully complete	1058
a written examination in order to qualify for the certificate or	1059
license.	1060

The board shall prescribe the examination requirements by	1061
rule.	1062

(E)(1) A ~~nonresident, natural~~ person ~~of this state~~ who has	1063
~~complied with this section may obtain~~obtained a residential real	1064
estate appraiser license, a residential real estate appraiser	1065
certificate, ~~registration,~~ or a general real estate appraiser	1066
certificate from another state may apply to obtain a license or	1067
certificate issued under this chapter provided the state that	1068
issued the license or certificate has requirements that meet or	1069
exceed the requirements found in this chapter. The board shall	1070
adopt rules relating to ~~the certification, registration, and~~	1071
~~licensure of a nonresident applicant whose state of residence the~~	1072
~~board determines to have certification, registration, or licensure~~	1073
~~requirements that are substantially similar to those set forth in~~	1074
this division. The application for obtaining a license or	1075
certificate under this division may include any of the following:	1076

(a) A pledge, signed by the applicant, that the applicant	1077
will comply with the standards set forth in this chapter;	1078

(b) A statement that the applicant understands the types of	1079
misconduct for which disciplinary proceedings may be initiated	1080
against the applicant pursuant to this chapter ~~and the rules~~	1081
~~adopted thereunder~~;	1082

1083

(2)(a) The board shall recognize on a temporary basis a	1084
certification or license issued in another state and shall	1085
register on a temporary basis an appraiser who is certified or	1086
licensed in another state if all of the following apply:	1087

~~(a)~~(i) The temporary registration is to perform an appraisal	1088
assignment that is part of a federally related transaction.	1089

~~(b)~~(ii) The appraiser's business in this state is of a	1090
temporary nature.	1091

~~(c)~~(iii) The appraiser registers with the board pursuant to	1092
this division.	1093

(b) An appraiser who is certified or licensed in another	1094
state shall register with the board for temporary practice before	1095
performing an appraisal assignment in this state in connection	1096
with a federally related transaction.	1097

(c) The board shall adopt rules relating to registration for	1098
the temporary recognition of certification and licensure of	1099
appraisers from another state. The registration for temporary	1100
recognition of certified or licensed appraisers from another state	1101
shall not authorize completion of more than one appraisal	1102
assignment in this state. The board shall not issue more than two	1103
registrations for temporary practice to any one applicant in any	1104
calendar year. The application for obtaining a registration under	1105
this division may include any of the following:	1106

(i) A pledge, signed by the applicant, that the applicant	1107
will comply with the standards set forth in this chapter;	1108

(ii) A statement that the applicant understands the types of	1109
misconduct for which disciplinary proceedings may be initiated	1110
against the applicant pursuant to this chapter;	1111

(iii) A consent to service of process.

1112

(3) ~~In addition to any other information required to be~~	1113
~~submitted with the nonresident applicant's or appraiser's~~	1114
~~application for a certificate, registration, license, or temporary~~	1115
~~recognition of a certificate or license, each nonresident~~	1116
~~applicant or appraiser shall submit a statement consenting to the~~	1117
~~service of process upon the nonresident applicant or appraiser by~~	1118
~~means of delivering that process to the secretary of state if, in~~	1119
~~an action against the applicant, certificate holder, registrant,~~	1120
~~or licensee arising from the applicant's, certificate holder's,~~	1121
~~registrant's, or licensee's activities as a certificate holder,~~	1122
~~registrant, or licensee, the plaintiff, in the exercise of due~~	1123
~~diligence, cannot effect personal service upon the applicant,~~	1124
~~certificate holder, registrant, or licensee~~The board may enter	1125
into reciprocal agreements with other states. The board shall	1126
prescribe reciprocal agreement requirements by rule.	1127

(F) The superintendent shall not issue a certificate,	1128
registration, or license to, or recognize on a temporary basis an	1129
appraiser from another state that is a corporation, partnership,	1130
or association. This prohibition shall not be construed to prevent	1131
a certificate holder or licensee from signing an appraisal report	1132
on behalf of a corporation, partnership, or association.	1133

(G) Every person licensed, registered, or certified under	1134
this chapter shall notify the superintendent, on a form provided	1135
by the superintendent, of a change in the address of the	1136
licensee's, registrant's, or certificate holder's principal place	1137
of business or residence within thirty days of the change. If a	1138
licensee's, registrant's, or certificate holder's license,	1139
registration, or certificate is revoked or not renewed, the	1140
licensee, registrant, or certificate holder immediately shall	1141
return the annual and any renewal certificate, registration, or	1142
license to the superintendent.	1143

(H)(1) The superintendent shall not issue a certificate,	1144
registration, or license to any person, or recognize on a	1145
temporary basis an appraiser from another state, who does not meet	1146
applicable minimum criteria for state certification, registration,	1147
or licensure prescribed by federal law or rule.	1148

(2) The superintendent shall not issue a general real estate	1149
appraiser certificate, residential real estate appraiser	1150
certificate, residential real estate appraiser license, or real	1151
estate appraiser assistant registration to any person who has been	1152
convicted of or pleaded guilty to any criminal offense involving	1153
theft, receiving stolen property, embezzlement, forgery, fraud,	1154
passing bad checks, money laundering, or drug trafficking, or any	1155
criminal offense involving money or securities, including a	1156
violation of an existing or former law of this state, any other	1157
state, or the United States that substantially is equivalent to	1158
such an offense. However, if the applicant has pleaded guilty to	1159
or been convicted of such an offense, the superintendent shall not	1160
consider the offense if the applicant has proven to the	1161
superintendent, by a preponderance of the evidence, that the	1162
applicant's activities and employment record since the conviction	1163
show that the applicant is honest, truthful, and of good	1164
reputation, and there is no basis in fact for believing that the	1165
applicant will commit such an offense again.	1166

Sec. 4763.07. (A) Every state-certified general real estate	1168
appraiser, state-certified residential real estate appraiser and	1169
state-licensed residential real estate appraiser shall submit	1170
proof of successfully completing a minimum of fourteen classroom	1171
hours of continuing education instruction in courses or seminars	1172
approved by the real estate appraiser board. The certificate	1173
holder and licensee shall have satisfied the fourteen-hour	1174
continuing education requirements within the one-year period	1175
immediately following the issuance of the initial certificate or	1176
license and shall satisfy those requirements annually thereafter.	1177
AIn accordance with federal law, each state-registered real	1178
estate appraiser assistant ~~who remains in this classification for~~	1179
~~more than two years~~ shall ~~satisfy in the third and successive~~	1180
~~years this section's requirements~~submit proof of successfully	1181
completing a minimum of fourteen classroom hours of continuing	1182
education instruction in courses or seminars approved by the real	1183
estate appraiser board. Each registrant shall satisfy the	1184
fourteen-hour continuing education requirements annually. This	1185
division does not apply to an appraiser with a certification or	1186
license from another state that is temporarily recognized in this	1187
state pursuant to division (E)(2) of section 4763.05 of the	1188
Revised Code. A certificate holder, licensee, or registrant who	1189
fails to submit proof to the superintendent of meeting these	1190
requirements is ineligible to obtain a renewal certificate,	1191
license, or registration and shall comply with section 4763.05 of	1192
the Revised Code in order to regain a certificate, license, or	1193
registration, except that the certificate holder, licensee, or	1194
registrant may submit proof to the superintendent of meeting these	1195
requirements within three months after the date of expiration of	1196
the certificate, license, or registration, or by obtaining a	1197
medical exception under division (E) of this section, without	1198
having to comply with section 4763.05 of the Revised Code. A	1199
certificate holder, licensee, or registrant may not engage in any	1200
activities permitted by the certificate, license, or registration	1201
during the three-month period following the certificate's,	1202
license's, or registration's normal expiration date or during the	1203
time period for which a medical exception applies.	1204

A certificate holder, licensee, or registrant may satisfy all	1205
or a portion of the required hours of classroom instruction in the	1206
following manner:	1207

(1) Completion of an educational program of study determined	1208
by the board to be equivalent, for continuing education purposes,	1209
to courses or seminars approved by the board;	1210

(2) Participation, other than as a student, in educational	1211
processes or programs approved by the board that relate to real	1212
estate appraisal theory, practices, or techniques.	1213

A certificate holder, licensee, or registrant shall present	1214
to the superintendent of real estate evidence of the manner in	1215
which the certificate holder, licensee, or registrant satisfied	1216
the requirements of division (A) of this section.	1217

(B) The board shall adopt rules for implementing a continuing	1218
education program for state-certified general real estate	1219
appraisers, state-certified residential real estate appraisers,	1220
state-licensed residential real estate appraisers, and	1221
state-registered real estate appraiser assistants for the purpose	1222
of assuring that certificate holders, licensees, and registrants	1223
have current knowledge of real estate appraisal theories,	1224
practices, and techniques that will provide a high degree of	1225
service and protection to members of the public. In addition to	1226
any other provisions the board considers appropriate, the rules	1227
adopted by the board shall prescribe the following:	1228

(1) Policies and procedures for obtaining board approval of	1229
courses of instruction and seminars;	1230

(2) Standards, policies, and procedures to be applied in	1231
evaluating the alternative methods of complying with continuing	1232
education requirements set forth in divisions (A)(1) and (2) of	1233
this section;	1234

(3) Standards, monitoring methods, and systems for recording	1235
attendance to be employed by course sponsors as a prerequisite to	1236
approval of courses for continuing education credit.	1237

(C) No amendment or rescission of a rule the board adopts	1238
pursuant to division (B) of this section shall operate to deprive	1239
a certificate holder or licensee of credit toward renewal of	1240
certification or licensure for any course of instruction completed	1241
by the certificate holder or licensee prior to the effective date	1242
of the amendment or rescission that would have qualified for	1243
credit under the rule as it existed prior to amendment or	1244
rescission.	1245

(D) The superintendent of real estate shall not issue a	1246
renewal certificate, registration, or license to any person who	1247
does not meet applicable minimum criteria for state certification,	1248
registration, or licensure prescribed by federal law or rule.	1249

(E) The superintendent may grant a medical exception upon	1250
application by a person certified, registered, or licensed under	1251
this chapter. To receive an exception, the certificate holder,	1252
registrant, or licensee shall submit a request to the	1253
superintendent with proof satisfactory that a medical exception is	1254
warranted. If the superintendent makes a determination that	1255
satisfactory proof has not been presented, within fifteen days of	1256
the date of the denial of the medical exception, the certificate	1257
holder, registrant, or licensee may file with the division of real	1258
estate a request that the real estate appraiser board review the	1259
determination. The board may adopt reasonable rules in accordance	1260
with Chapter 119. of the Revised Code to implement this division.	1261

Sec. 4763.08. On and after December 22, 1992, each	1262
certificate, registration, and license issued under this chapter,	1263
other than a temporary certificate or license issued under	1264
division (E)(2) of section 4763.05 of the Revised Code, is valid	1265
for a period of one year from its date of issuance. The	1266
superintendent of real estate shall provide renewal notices to	1267
certificate holders, registrants, and licensees no later than	1268
thirty days prior to the expiration of the certificate,	1269
registration, or license. The superintendent shall issue to each	1270
person initially certified, registered, or licensed under this	1271
chapter a certificate, registration, or license in the form and	1272
size the superintendent prescribes. The initial certificate,	1273
registration, and license shall indicate the name of the	1274
certificate holder, registrant, or licensee, bear the signatures	1275
of the members of the real estate appraiser board, be issued under	1276
the seal prescribed in section 121.20 of the Revised Code, and	1277
contain a certificate, registration, or license number assigned by	1278
the superintendent. The superintendent shall issue to each person	1279
who renews a certificate, registration, or license a renewal	1280
certificate, registration, or license in the size and form the	1281
superintendent prescribes. The renewal certificate, registration,	1282
or license shall contain the name ~~and principal address~~ of the	1283
certificate holder, registrant, or licensee and the expiration and	1284
number of the certificate, registration, or license. Each	1285
certificate holder and licensee shall place the certificate	1286
holder's or licensee's certificate or license number adjacent to	1287
the title "state-licensed residential real estate appraiser,"	1288
"state-certified residential real estate appraiser," or	1289
"state-certified general real estate appraiser," when issuing an	1290
appraisal report or in a contract or other instrument used in	1291
conducting real estate appraisal activities as required by section	1292
4763.12 of the Revised Code. If a state-registered real estate	1293
appraiser assistant participated in the ~~development of an~~	1294
appraisal or specialized service report, the certificate holder or	1295
licensee shall also place the registrant's name, registration	1296
number, and the title "state-registered real estate appraiser	1297
assistant" on the ~~appraisal or~~ report.	1298

Sec. 4763.11. (A) Within ten business days after a person	1299
files a written complaint against a person certified, registered,	1300
or licensed under this chapter with the division of real estate,	1301
the superintendent of real estate shall acknowledge receipt of the	1302
complaint by sending notice to the certificate holder, registrant,	1303
or licensee that includes a copy of the complaint. The	1304
acknowledgement to the complainant and the notice to the	1305
certificate holder, registrant, or licensee may state that an	1306
informal mediation meeting will be held with the complainant, the	1307
certificate holder, registrant, or licensee, and an investigator	1308
from the investigation and audit section of the division, if the	1309
complainant and certificate holder, registrant, or licensee both	1310
file a request for such a meeting within twenty calendar days	1311
after the acknowledgment and notice are mailed.	1312

(B) If the complainant and certificate holder, registrant, or	1313
licensee both file with the division requests for an informal	1314
mediation meeting, the superintendent shall notify the complainant	1315
and certificate holder, registrant, or licensee of the date of the	1316
meeting, by regular mail. If the complainant and certificate	1317
holder, registrant, or licensee reach an accommodation at an	1318
informal mediation meeting, the investigator shall report the	1319
accommodation to the superintendent, the complainant, and the	1320
certificate holder, registrant, or licensee and the complaint file	1321
shall be closed upon the superintendent receiving satisfactory	1322
notice that the accommodation has been fulfilled.	1323

(C) If the complainant and certificate holder, registrant, or	1324
licensee fail to agree to an informal mediation meeting or fail to	1325
reach an accommodation agreement, or fail to fulfill an	1326
accommodation agreement, the superintendent shall assign the	1327
complaint to an investigator for an investigation into the conduct	1328
of the certificate holder, registrant, or licensee against whom	1329
the complaint is filed.	1330

(D) Upon the conclusion of the investigation, the	1331
investigator shall file a written report of the results of the	1332
investigation with the superintendent. The superintendent shall	1333
review the report and determine whether there exists reasonable	1334
and substantial evidence of a violation of division (G) of this	1335
section by the certificate holder, registrant, or licensee.	1336

(1) If the superintendent finds ~~such~~ evidence exists showing	1337
a violation of division (G) of this section by a certificate	1338
holder, registrant, or licensee, the superintendent shall notify	1339
the complainant and certificate holder, registrant, or licensee of	1340
the determination. The certificate holder, registrant, or licensee	1341
may enter into a settlement agreement with the superintendent. The	1342
settlement agreement is subject to board approval, and the board	1343
shall prescribe requirements by rule for such settlement	1344
agreements. The certificate holder, registrant, or licensee may	1345
request a hearing pursuant to Chapter 119. of the Revised Code. If	1346
a formal hearing is conducted, the hearing examiner shall file a	1347
report ofthat contains findings of fact and conclusions of law	1348
with the division hearing administrator. The division hearing	1349
administrator shall serve the hearing examiner report on the	1350
superintendent, the assistant attorney general representing the	1351
superintendent in the matter, the board, the complainant and the	1352
certificate holder, licensee, or registrant ~~after the conclusion~~	1353
~~of the formal hearing~~and, if applicable, counsel representing the	1354
complainant, certificate holder, licensee, or registrant. Service	1355
of the hearing examiner report on the complainant and on the	1356
certificate holder, licensee, or registrant shall comply with	1357
division (K) of this section. Service of the hearing examiner's	1358
report on the superintendent, the assistant attorney general	1359
representing the superintendent in the matter, and the board shall	1360
be by either regular mail or electronic means. Service of the	1361
hearing examiner report on counsel representing the complainant,	1362
certificate holder, licensee, or registrant shall be by regular	1363
mail.	1364

Within ten calendar days of receipt by the assistant attorney	1365
general representing the superintendent of the copy of the hearing	1366
examiner's report served by the division hearing administrator,	1367
the assistant attorney general may file with the board written	1368
objections to the hearing examiner's report, which shall be	1369
considered by the board before approving, modifying, or rejecting	1370
the hearing examiner's report. Within ten calendar days of receipt	1371
by the certificate holder, licensee, or registrant of the copy of	1372
the hearing examiner's ~~finding of fact and conclusions of law~~	1373
report served by the division hearing administrator, the	1374
certificate holder, licensee, or registrant ~~or the division~~ may	1375
file with the board written objections to the hearing examiner's	1376
report, which shall be considered by the board before approving,	1377
modifying, or rejecting the hearing examiner's report. IfWithin	1378
ten calendar days of receipt by the superintendent of the copy of	1379
the hearing examiner's report served by the division hearing	1380
examiner, the superintendent may grant an extension of time to	1381
file written objections to the hearing examiner's report for good	1382
cause shown.	1383

(2) If the superintendent finds, following the conclusion of	1384
the investigation, that ~~such~~ evidence does not exist showing a	1385
violation of division (G) of this section by the certificate	1386
holder, registrant, or licensee, the superintendent shall notify	1387
the complainant and certificate holder, registrant, or licensee of	1388
that determination and the basis for the determination. Within	1389
fifteen business days after the superintendent notifies the	1390
complainant and certificate holder, registrant, or licensee that	1391
such evidence does not exist, the complainant may file with the	1392
division a request that the real estate appraiser board review the	1393
determination. If the complainant files such request, the board	1394
shall review the determination at the next regularly scheduled	1395
meeting held at least fifteen business days after the request is	1396
filed but no longer than six months after the request is filed.	1397
The board may hear the testimony of the complainant, certificate	1398
holder, registrant, or licensee at the meeting upon the request of	1399
that party. If the board affirms the determination of the	1400
superintendent, the superintendent shall notify the complainant	1401
and the certificate holder, registrant, or licensee within five	1402
business days thereafter. If the board reverses the determination	1403
of the superintendent, ~~a hearing before a hearing examiner shall~~	1404
~~be held and the complainant and certificate holder, registrant, or~~	1405
~~licensee notified as provided in this division~~the matter shall be	1406
returned to the superintendent for additional investigation or	1407
review.	1408

(E) The board shall review the ~~referee's or~~ hearing	1409
examiner's report and the evidence at the next regularly scheduled	1410
board meeting held at least fifteen business days after receipt of	1411
the ~~referee's or~~ examiner's report. The board may hear the	1412
testimony of the complainant, certificate holder, registrant, or	1413
licensee upon request. If the complainant is the Ohio civil rights	1414
commission, the board shall review the complaint.	1415

(F) If the board determines that a licensee, registrant, or	1416
certificate holder has violated this chapter for which	1417
disciplinary action may be taken under division (G) of this	1418
section, after review of the ~~referee's or~~hearing examiner's	1419
report and the evidence as provided in division (E) of this	1420
section, or after review of a settlement agreement entered into	1421
pursuant to division (D)(1) of this section, the board shall order	1422
the disciplinary action the board considers appropriate, which may	1423
include, but is not limited to, any of the following:	1424

(1) Reprimand of the certificate holder, registrant, or	1425
licensee;	1426

(2) Imposition of a fine, not exceeding, two thousand five	1427
hundred dollars per violation;	1428

(3) Requirement of the completion of additional education	1429
courses. Any course work imposed pursuant to this section shall	1430
not count toward continuing education requirements or prelicense	1431
or precertification requirements set forth in section 4763.05 of	1432
the Revised Code.	1433

(4) Suspension of the certificate, registration, or license	1434
for a specific period of time;	1435

(5) Revocation or surrender of the certificate, registration,	1436
or license.	1437

The decision and order of the board is final, except that	1438
following the review of the hearing examiner report and the	1439
evidence as provided in division (E) of this section, the decision	1440
and order of the board is subject to review in the manner provided	1441
for in Chapter 119. of the Revised Code and appeal to any court of	1442
common pleas. If the board orders a disciplinary action as	1443
provided in division (F)(2) or (3) of this section, the	1444
superintendent may grant an extension of time to satisfy the	1445
board-ordered disciplinary action for good cause shown.	1446

(G) The board shall take any disciplinary action authorized	1447
by this section against a certificate holder, registrant, or	1448
licensee or an applicant who obtains a certificate, registration,	1449
or license pursuant to this chapter who is found to have committed	1450
any of the following acts, omissions, or violations ~~during the~~	1451
~~appraiser's certification, registration, or licensure~~:	1452

(1) ~~Procuring~~As an applicant, procuring or attempting to	1453
procure a certificate, registration, or license pursuant to ~~this~~	1454
~~chapter~~section 4763.05, 4763.06, or 4763.07 of the Revised Code	1455
by knowingly making a false statement, submitting false	1456
information, refusing to provide complete information in response	1457
to a question in an application for certification, registration,	1458
or licensure, or by any means of fraud or misrepresentation;	1459

(2) Paying, or attempting to pay, anything of value, other	1460
than the fees or assessments required by this chapter, to any	1461
member or employee of the board for the purpose of procuring a	1462
certificate, registration, or license;	1463

(3) Being convicted in a criminal proceeding for a felony or;	1464
a crime involving moral turpitude; or a crime involving theft,	1465
receiving stolen property, embezzlement, forgery, fraud, passing	1466
bad checks, money laundering, drug trafficking, or any criminal	1467
offense involving money or securities, including a violation of an	1468
existing or former law of this state, any other state, or the	1469
United States that is substantially equivalent to such an offense;	1470

(4) Dishonesty, fraud, or misrepresentation, with the intent	1471
to either benefit the certificate holder, registrant, or licensee	1472
or another person or injure another person;	1473

(5) Violation of any of the standards for the development,	1474
preparation, communication, or reporting of an appraisal report	1475
set forth in this chapter and rules of the board;	1476

(6) Failure or refusal to exercise reasonable diligence in	1477
developing, preparing, or communicating an appraisal report;	1478

(7) Negligence or incompetence in developing, preparing,	1479
communicating, or reporting an appraisal report;	1480

(8) Violating ~~or willfully disregarding~~this chapter or the	1481
rules adopted thereunder;	1482

(9) Accepting an appraisal assignment where the employment is	1483
contingent upon the appraiser preparing or reporting a	1484
predetermined estimate, analysis, or opinion, or where the fee to	1485
be paid for the appraisal is contingent upon the opinion,	1486
conclusion, or valuation attained or upon the consequences	1487
resulting from the appraisal assignment;	1488

(10) Violating the confidential nature of governmental	1489
records to which the certificate holder, registrant, or licensee	1490
gained access through employment or engagement as an appraiser by	1491
a governmental agency;	1492

(11) Entry of final judgment against the certificate holder,	1493
registrant, or licensee on the grounds of fraud, deceit,	1494
misrepresentation, or gross negligence in ~~the making of~~performing	1495
any appraisal of real estate;	1496

(12) Violating any federal or state civil rights law;

1497

(13) Having published advertising, whether printed, radio,	1498
display, or of any other nature, which was misleading or	1499
inaccurate in any material particular, or in any way having	1500
misrepresented any appraisal or specialized service;	1501

(14) Failing to provide copies of records to the	1502
superintendent or failing to maintain records as required by	1503
section 4763.14 of the Revised Code. Failure of a certificate	1504
holder, licensee, or registrant to comply with a subpoena issued	1505
under division (C)(1) of section 4763.03 of the Revised Code is	1506
prima-facie evidence of a violation of division (G)(14) of section	1507
4763.11 of the Revised Code.	1508

(15) Failing to provide notice to the board as required in	1509
division (I) of this section;	1510

(16) In the case of a certificate holder acting as a	1511
supervisory appraiser, refusing to sign an appraiser experience	1512
log required by rule for a person making application for an	1513
initial state-certified general real estate appraiser certificate,	1514
state-certified residential real estate appraiser certificate, or	1515
state-licensed residential real estate appraiser license, unless	1516
there is reasonable and substantial evidence that there is false	1517
information contained within the log;	1518

(17) Being sanctioned or disciplined in another jurisdiction	1519
as a real estate appraiser;	1520

(18) Failing to provide assistance, whenever possible, to the	1521
members and staff of the board or to the division of real estate	1522
in the enforcement of this chapter and the rules adopted under it.	1523

(H) The board immediately shall notify the superintendent of	1524
real estate of any disciplinary action taken under this section	1525
against a certificate holder, registrant, or licensee who also is	1526
licensed under Chapter 4735. of the Revised Code, and also shall	1527
notify any other federal, state, or local agency and any other	1528
public or private association that the board determines is	1529
responsible for licensing or otherwise regulating the professional	1530
or business activity of the appraiser. Additionally, the board	1531
shall notify the complainant ~~and any other party who may have~~	1532
~~suffered financial loss because of the certificate holder's,~~	1533
~~registrant's, or licensee's violations,~~ that the complainant or	1534
~~other party~~ may sue for recovery under section 4763.16 of the	1535
Revised Code. The notice provided under this division shall	1536
specify the conduct for which the certificate holder, registrant,	1537
or licensee was disciplined and the disciplinary action taken by	1538
the board and the result of that conduct.	1539

(I) A certificate holder, registrant, or licensee shall	1540
notify the board within fifteen days of the agency's issuance of	1541
an order revoking or permanently surrendering any professional	1542
license, certificate, or registration by any public entity other	1543
than the division of real estate. A certificate holder,	1544
registrant, or licensee who is convicted of a ~~felony or~~ crime of	1545
~~moral turpitude~~ as described in division (G)(3) of this section	1546
shall notify the board of the conviction within fifteen days of	1547
the conviction.	1548

(J) If the board determines that a certificate holder,	1549
registrant, or licensee has violated this chapter for which	1550
disciplinary action may be taken under division (G) of this	1551
section as a result of an investigation conducted by the	1552
superintendent upon the superintendent's own motion or upon the	1553
request of the board, the superintendent shall notify the	1554
certificate holder, registrant, or licensee of the certificate	1555
holder's, registrant's, or licensee's right to a hearing pursuant	1556
to Chapter 119. of the Revised Code and, if applicable, to an	1557
appeal of a final determination of such administrative proceedings	1558
to any court of common pleas.	1559

(K) Notwithstanding section 119.07 of the Revised Code,	1560
acknowledgment of complaint notices issued under division (A) of	1561
this section and continuance notices associated with hearings	1562
conducted under this section may be sent by regular mail and a	1563
certificate of mailing shall be obtained for the notices. All	1564
other notices~~, written reports, and determinations~~ issued to a	1565
complainant and to a certificate holder, registrant, or licensee	1566
pursuant to this section shall be mailed via certified mail,	1567
return receipt requested. ~~If the certified~~When any notice is sent	1568
by certified mail, return receipt requested, and is returned	1569
~~because of failure of delivery or~~because the notice was	1570
unclaimed, ~~the~~then that notice~~, written reports, or~~	1571
~~determinations are~~is deemed served if the superintendent	1572
subsequently sends the notice~~, written reports, or determination~~	1573
~~via~~by regular mail and ~~obtains~~ a certificate of mailing ofis	1574
obtained for the notice~~, written reports, or determination~~. If a	1575
notice, whether sent by certified mail, return receipt requested,	1576
or by regular mail with a certificate of mailing, is returned for	1577
failure of delivery, then the superintendent shall make personal	1578
delivery of the notice by an employee or agent of the department	1579
of commerce or shall cause a summary of the substantive provisions	1580
of the notice to be published once a week for three consecutive	1581
weeks in a newspaper of general circulation in the county where	1582
the last known address of the party is located. When notice is	1583
given by publication, a proof of publication affidavit, with the	1584
first publication of the notice set forth in the affidavit, shall	1585
be mailed by regular mail to the party at the party's last known	1586
address. The notice shall be deemed received as of the date of the	1587
last publication of the summary. An employee or agent of the	1588
department of commerce may make personal delivery of the notice	1589
upon the party at any time. Refusal of delivery by personal	1590
service or by mail is not failure of delivery and service is	1591
deemed to be complete. Failure of delivery occurs only when a	1592
mailed notice is returned by the postal authorities marked	1593
undeliverable, address or addressee unknown, or forwarding address	1594
unknown or expired.	1595

Sec. 4763.12. (A) A person licensed or certified under this	1596
chapter may be retained or employed to act as a disinterested	1597
third party in rendering an unbiased valuation or analysis of real	1598
estate or to provide specialized services to facilitate the client	1599
or employer's objectives. An appraisal or appraisal report	1600
rendered by a certificate holder or licensee shall comply with	1601
this chapter. A certified appraisal or certified appraisal report	1602
represents to the public that it satisfies the standards set forth	1603
in this chapter.	1604

(B) No certificate holder or licensee shall accept a fee for	1605
an appraisal assignment that is contingent, in whole or in part,	1606
upon the reporting of a predetermined estimate, analysis, or	1607
opinion or upon the opinion, conclusion, or valuation reached, or	1608
upon consequences resulting from the appraisal assignment. A	1609
certificate holder or licensee who enters into an agreement to	1610
provide specialized services may charge a fixed fee or a fee that	1611
is contingent upon the results achieved by the specialized	1612
services, provided that this fact is clearly stated in each oral	1613
report rendered pursuant to the agreement, and the existence of	1614
the contingent fee arrangement is clearly stated in a prominent	1615
place on each written report and in each letter of transmittal and	1616
certification statement made by the certificate holder or licensee	1617
within that report.	1618

(C) Every written report rendered by a certificate holder or	1619
licensee in conjunction with an appraisal assignment or	1620
specialized service performed shall include the following	1621
information:	1622

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

1623

(2) The class of certification or licensure held by and the	1624
certification or licensure number of the certificate holder or	1625
licensee;	1626

(3) Whether the appraisal or specialized service is performed	1627
within the scope of the certificate holder's or licensee's	1628
certification or licensure;	1629

(4) Whether the appraisal or specialized service is provided	1630
by a certificate holder or licensee as a disinterested and	1631
unbiased third party or as a person on an interested and biased	1632
basis or as an interested third party on a contingent fee basis;	1633

(5) The signature of the person ~~preparing~~performing and	1634
reporting the appraisal or specialized service;	1635

(6) The license, certificate, or registration number of the	1636
appraisal management company that has engaged the appraiser for	1637
the assignment within the body of the appraisal report;	1638

(7) If an appraisal report is completed for an appraisal	1639
management company, one of the following:	1640

(a) The actual fees paid to the appraiser within the body of	1641
the appraisal report;	1642

(b) If the appraiser is employed by the appraisal management	1643
company on an employee and employer basis for the performance of	1644
appraisals, a statement of that fact and a statement that the	1645
appraiser was not paid a fee.	1646

If the certificate holder or licensee provides an oral real	1647
estate appraisal report or specialized service, the certificate	1648
holder or licensee shall send, within seven days of providing the	1649
oral report, a form to the client containing the appropriate	1650
information specified in this division and the rules adopted	1651
pursuant to this division.	1652

(D) Nothing in this chapter shall be construed as requiring a	1653
certificate holder or licensee to provide a client with a copy of	1654
any writing prepared in support of an oral appraisal report except	1655
as provided in division (C) of this section or as agreed to	1656
between the certificate holder or licensee and the certificate	1657
holder's or licensee's client.	1658

(E) No person, directly or indirectly, shall knowingly	1659
compensate, instruct, induce, coerce, or intimidate, or attempt to	1660
compensate, instruct, induce, coerce, or intimidate, a certificate	1661
holder or licensee for the purpose of corrupting or improperly	1662
influencing the independent judgment of the certificate holder or	1663
licensee with respect to the value of the dwelling offered as	1664
security for repayment of a mortgage loan.	1665

Sec. 4763.13. (A) In engaging in appraisal activities, a	1666
person certified, registered, or licensed under this chapter shall	1667
comply with the applicable standards prescribed by the board of	1668
governors of the federal reserve system, the federal deposit	1669
insurance corporation, the comptroller of the currency, the office	1670
of thrift supervision, the national credit union administration,	1671
and the resolution trust corporation in connection with federally	1672
related transactions under the jurisdiction of the applicable	1673
agency or instrumentality. A certificate holder, registrant, and	1674
licensee also shall comply with the uniform standards of	1675
professional appraisal practice, as adopted by the appraisal	1676
standards board of the appraisal foundation and such other	1677
standards adopted by the real estate appraiser board, to the	1678
extent that those standards do not conflict with applicable	1679
federal standards in connection with a particular federally	1680
related transaction.	1681

(B) The terms "state-licensed residential real estate	1682
appraiser," "state-certified residential real estate appraiser,"	1683
"state-certified general real estate appraiser," and	1684
"state-registered real estate appraiser assistant" shall be used	1685
to refer only to those persons who have been issued the applicable	1686
certificate, registration, or license or renewal certificate,	1687
registration, or license pursuant to this chapter. None of these	1688
terms shall be used following or in connection with the name or	1689
signature of a partnership, corporation, or association or in a	1690
manner that could be interpreted as referring to a person other	1691
than the person to whom the certificate, registration, or license	1692
has been issued. No person shall fail to comply with this	1693
division.	1694

(C) No person, other than a certificate holder, a registrant,	1695
or a licensee, shall assume or use a title, designation, or	1696
abbreviation that is likely to create the impression that the	1697
person possesses certification, registration, or licensure under	1698
this chapter, provided that professional designations containing	1699
the term "certified appraiser" and being used on or before July	1700
26, 1989, shall not be construed as being misleading under this	1701
division. No person other than a person certified or licensed	1702
under this chapter shall describe or refer to an appraisal or	1703
other evaluation of real estate located in this state as being	1704
certified.	1705

(D) The terms "state-certified or state-licensed real estate	1706
appraisal report," "state-certified or state-licensed appraisal	1707
report," or "state-certified or state-licensed appraisal" shall be	1708
used to refer only to those real estate appraisals conducted by a	1709
certificate holder or licensee as a disinterested and unbiased	1710
third party provided that the certificate holder or licensee	1711
provides certification with the appraisal report and provided	1712
further that if a licensee is providing the appraisal, such terms	1713
shall only be used if the licensee is acting within the scope of	1714
the licensee's license. No person shall fail to comply with this	1715
division.	1716

(E) Nothing in this chapter shall preclude a partnership,	1717
corporation, or association which employs, retains, or engages the	1718
services of a certificate holder or licensee to advertise that the	1719
partnership, corporation, or association offers state-certified or	1720
state-licensed appraisals through a certificate holder or licensee	1721
if the advertisement clearly states such fact in accordance with	1722
guidelines for such advertisements established by rule of the real	1723
estate appraiser board.	1724

(F) Except as otherwise provided in section 4763.19 of the	1725
Revised Code, nothing in this chapter shall preclude a person who	1726
is not licensed or certified under this chapter from appraising	1727
real estate for compensation.	1728

Sec. 4763.14. A person licensed, registered, or certified	1729
under this chapter shall retain for a period of five years the	1730
original or a true copy of each written contract for the person's	1731
services relating to real estate appraisal work, all appraisal	1732
reports, and all work file documentation and data assembled in	1733
preparing those reports. The retention period begins on the date	1734
the appraisal report is submitted to the client unless, prior to	1735
expiration of the retention period, the certificate holder,	1736
registrant, or licensee is notified that the appraisal or report	1737
is the subject of or is otherwise involved in pending litigation,	1738
in which case the retention period ~~begins on~~shall commence two	1739
years from the date of final disposition of the litigation.	1740

A certificate holder, registrant, and a licensee shall make	1741
available all records required to be maintained under this section	1742
for inspection and copying by the superintendent of real estate or	1743
the real estate appraiser board, or both, upon reasonable notice	1744
to the certificate holder, registrant, or licensee.	1745

Sec. 4763.15. Except for moneys required to be transferred	1746
into the real estate appraiser recovery fund pursuant to section	1747
4763.16 of the Revised Code or as required pursuant to this	1748
section, the superintendent of real estate may deposit all fees	1749
collected under this chapter into the state treasury to the credit	1750
of the real estate appraiser operating fund, which is hereby	1751
created. All operating expenses of the real estate appraiser board	1752
and the superintendent of real estate relating to the	1753
administration and enforcement of this chapter and Chapter 4768.	1754
of the Revised Code shall be paid from this fund. The fund shall	1755
be assessed a proportionate share of the administrative cost of	1756
the department of commerce in accordance with procedures	1757
prescribed by the director of commerce and approved by the	1758
director of budget and management and the assessment shall be paid	1759
from the operating fund to the division of administration fund.	1760

If, in any biennium, the director of commerce determines that	1761
moneys in the operating fund exceed those necessary to fund the	1762
activities of the board and of the superintendent of real estate	1763
that relate to this chapter and Chapter 4768. of the Revised Code,	1764
hethe director may pay the excess funds to the real estate	1765
appraiser recovery fund.	1766

Sec. 4763.17. Every partnership, corporation, or association	1767
which employs, retains, or engages the services of a person	1768
licensed, registered, or certified under this chapter, whether the	1769
certificate holder, registrant, or licensee is an independent	1770
contractor or under the supervision or control of the partnership,	1771
corporation, or association, is jointly and severally liable for	1772
any damages incurred by any person as a result of an act or	1773
omission concerning a state-certified or state-licensed real	1774
estate appraisal report prepared or facilitated in the preparation	1775
by a certificate holder, registrant, or licensee while employed,	1776
retained, or engaged by the partnership, corporation, or	1777
association.	1778

Sec. 4763.19. (A) Subject to division (B) of this section,	1779
no person shall perform or prepare a real estate appraisal,	1780
appraisal report, or real estate appraisal review for a mortgage	1781
loan if, unless the person is ~~not~~ licensed or certified under this	1782
chapter to do the appraisal.	1783

(B) Division (A) of this section does not apply to a lender	1784
using a market analysis or price opinion, an internal valuation	1785
analysis, or an automated valuation model or report based on an	1786
automated valuation model, and any person providing that report to	1787
the lender~~, in performing a valuation for purposes of a loan~~	1788
~~application, as long as the lender does both of the following:~~	1789

~~(1) Gives the consumer loan applicant a copy of any written~~	1790
~~market analysis or price opinion or valuation report based on an~~	1791
~~automated valuation model;~~	1792

~~(2) Includes a disclaimer on the consumer's copy specifying~~	1793
~~that the valuation used for purposes of the application was~~	1794
~~obtained from a market analysis or price opinion or automated~~	1795
~~valuation model report and not from a~~to validate or support the	1796
value conclusion provided by the person licensed or certified	1797
under this chapter to do the appraisal.	1798

Sec. 4768.01. As used in this chapter:

1799

(A) "Real estate appraisal" or "appraisal" means the act or	1800
process of developing an opinion of value of real property in	1801
conformity with the uniform standards of professional appraisal	1802
practice.	1803

(B) "Appraisal management company" means any person	1804
authorized either by a creditor of a consumer credit transaction	1805
secured by a consumer's principal dwelling, or by an underwriter	1806
of or other principal in the secondary mortgage markets, that	1807
performs appraisal management services in connection with valuing	1808
properties collateralizing mortgage loans or valuing properties	1809
collateralizing mortgages incorporated in a securitization.	1810

(C) "Appraisal management services" means to perform any of	1811
the following functions on behalf of a lender, financial	1812
institution, client, or any other person in conjunction with a	1813
consumer credit transaction that is secured by a consumer's	1814
primary dwelling:	1815

(1) Administer an appraiser panel;

1816

(2) Recruit, retain, or select appraisers;

1817

(3) Qualify, verify licensure or certification, and negotiate	1818
fees and service level expectations with persons who are part of	1819
an appraiser panel;	1820

(4) Contract with appraisers to perform appraisal	1821
assignments;	1822

(5) Receive an order for an appraisal from one person and	1823
deliver the order for the appraisal to an appraiser who is part of	1824
an appraiser panel for completion;	1825

(6) Manage the process of having an appraisal performed,	1826
including providing administrative duties, such as receiving	1827
appraisal orders and reports, submitting completed appraisal	1828
reports to creditors and underwriters, collecting fees from	1829
creditors and underwriters for services provided, and reimbursing	1830
appraisers for services performed;	1831

(7) Track and determine the status of orders for appraisals;

1832

(8) Conduct quality control of a completed appraisal prior to	1833
the delivery of the appraisal to the person that ordered the	1834
appraisal;	1835

(9) Provide a completed appraisal performed by an appraiser	1836
to one or more clients.	1837

(D) "Appraisal report" means a written communication of a	1838
real estate appraisal or appraisal review or an oral communication	1839
of a real estate appraisal or appraisal review that is documented	1840
by a writing that supports the oral communication.	1841

(E) "Appraisal review" means the act or process of developing	1842
and communicating an opinion about the quality of another	1843
appraiser's work that was performed as part of an appraisal or	1844
appraisal review. "Appraisal review" does not include an	1845
examination of an appraisal for grammatical errors, typographical	1846
errors, or completeness, provided the review for completeness does	1847
not require an opinion about the quality of the work of an	1848
appraiser. The real estate appraiser board may define, by rule,	1849
"review for completeness."	1850

(F) "Appraisal services" or "real estate appraisal services"	1851
means a real estate appraisal or appraisal review.	1852

(G) "Appraiser" means a person licensed or certified under	1853
Chapter 4763. of the Revised Code.	1854

(H) "Appraiser panel" means a network of appraisers who are	1855
independent contractors to the appraisal management company and	1856
who have been approved by the appraisal management company, after	1857
responding to an invitation or request from the appraisal	1858
management company, to perform appraisals for any client of the	1859
appraisal management company or for the appraisal management	1860
company directly, on a periodic basis, as assigned by the	1861
appraisal management company.	1862

(I) "Automated valuation model" means a computer software	1863
program that analyzes data using an automated process, such as	1864
regression, adaptive estimation, neural network, expert reasoning,	1865
or artificial intelligence programs, that produces an output that	1866
may become a basis for appraisal or appraisal review if the	1867
appraiser believes the output to be credible for use in a specific	1868
assignment.	1869

(J) "Client" means any person that contracts with, or	1870
otherwise enters into an agreement with, an appraisal management	1871
company for residential or commercial real estate appraisal	1872
services.	1873

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

1874

(1) An owner, officer, or director of a business entity	1875
seeking to offer appraisal management services in this state;	1876

(2) An individual employed, appointed, or authorized by an	1877
appraisal management company, who has the authority to enter into	1878
contractual relationships with clients for the performance of	1879
appraisal management services and the authority to enter into	1880
agreements with appraisers for the performance of residential or	1881
commercial real estate appraisal services;	1882

(3) An individual who possesses, directly or indirectly, the	1883
power to direct or cause the direction of the management or	1884
policies of an appraisal management company.	1885

(L) "Federally regulated appraisal management company" means	1886
an appraisal management company that is owned and controlled by an	1887
insured depository institution as defined in 12 U.S.C. 1813 or an	1888
insured credit union as defined in 12 U.S.C. 1752 and that is	1889
regulated by the office of the comptroller of the currency, the	1890
board of governors of the federal reserve system, the national	1891
credit union administration, or the federal deposit insurance	1892
corporation.	1893

(M) "Owner" means a person who owns or controls ten per cent	1894
or more of an appraisal management company.	1895

(N) "Person" means an individual, corporation, partnership,	1896
sole proprietorship, subsidiary, unit, or other business entity.	1897

(O) "Real estate" has the same meaning as in section 4735.01	1898
of the Revised Code.	1899

Sec. 4768.02. (A)(1) No person shall do any of the following	1900
without first obtaining a license under this chapter:	1901

(a) Directly or indirectly engage or attempt to engage in	1902
business as an appraisal management company;	1903

(b) Directly or indirectly engage in or attempt to perform	1904
appraisal management services;	1905

(c) Advertise or hold itself out as engaging in or conducting	1906
business as an appraisal management company.	1907

(2) A person that violates division (A)(1) of this section	1908
may be subject to sanctions under section 4768.14 of the Revised	1909
Code.	1910

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

1911

(1) An appraisal management company that is a federally	1912
regulated appraisal management company;	1913

(2) Any person that exclusively employs appraisers on an	1914
employer and employee basis for the performance of appraisals;	1915

(3) Any person engaged in appraisal services who, in the	1916
normal course of business, enters into an agreement, whether	1917
written or otherwise, with an independent appraiser for the	1918
performance of appraisal services that the hiring or contracting	1919
person is not completing for any reason, including competency,	1920
work load, schedule, or geographic location. Division (B)(3) of	1921
this section applies only to an appraiser and to that appraiser's	1922
business entity provided that entity is engaging in real estate	1923
appraisal services, not appraisal management services;	1924

(4) Any person engaged in appraisal services who, in the	1925
normal course of business, enters into an agreement, whether	1926
written or otherwise, with an independent contractor appraiser for	1927
the performance of appraisal services and, upon the completion of	1928
the appraisal, the report of the independent contractor appraiser	1929
performing the appraisal services is cosigned by the person who	1930
subcontracted with the independent contractor appraiser for the	1931
performance of the appraisal services. An appraisal management	1932
company shall not avoid the requirements of this division by	1933
requiring an employee of the appraisal management company, who is	1934
an appraiser, to sign the appraisal that has been completed by an	1935
appraiser that is part of the appraisal panel for the appraisal	1936
management company.	1937

Sec. 4768.03. The real estate appraiser board shall do all	1938
of the following:	1939

(A) Adopt rules, in accordance with Chapter 119. of the	1940
Revised Code in furtherance of this chapter, including, but not	1941
limited to, all of the following:	1942

(1) Procedures for criminal records checks that are required	1943
under section 4768.06 of the Revised Code, in accordance with	1944
division (K) of section 121.08 and division (C) of section 4768.06	1945
of the Revised Code;	1946

(2) The following nonrefundable fees:

1947

(a) The initial appraisal management company license fee,	1948
which shall not exceed two thousand dollars;	1949

(b) The annual renewal fee, which shall not exceed two	1950
thousand dollars;	1951

(c) The late filing fee, which shall not exceed one thousand	1952
dollars, for the renewal of a license under division (C) of	1953
section 4768.07 of the Revised Code.	1954

(3) Requirements for settlement agreements that the	1955
superintendent of real estate and professional licensing and an	1956
appraisal management company or other person may enter into under	1957
division (H) of section 4768.13 or division (C) of section 4768.14	1958
of the Revised Code;	1959

(4) Presumptions of compliance with regard to the customary	1960
and reasonable fees required under division (B) of section 4768.12	1961
of the Revised Code. In adopting rules under division (A)(4) of	1962
this section, the board shall consider presumptions of compliance	1963
promulgated for the same purpose under the federal "Truth in	1964
Lending Act," 82 Stat. 146, 15 U.S.C. 1631 et seq.;	1965

(5) Rules regarding consent to service of process for	1966
appraisal management companies in accordance with division (A)(6)	1967
of section 4768.06 of the Revised Code.	1968

(B) Determine the appropriate disciplinary actions to be	1969
taken against a person, including a licensee, under section	1970
4768.13 of the Revised Code;	1971

(C) Hear appeals, pursuant to Chapter 119. of the Revised	1972
Code, from decisions and orders that the superintendent issues	1973
pursuant to this chapter;	1974

(D) Request that the superintendent initiate an investigation	1975
of a violation of this chapter or the rules adopted under it, as	1976
the board determines appropriate.	1977

Sec. 4768.04. (A) The superintendent of real estate and	1978
professional licensing shall do all of the following:	1979

(1) Prescribe the form and content of all applications	1980
required by this chapter;	1981

(2) Receive applications for licenses and renewal thereof	1982
under this chapter and establish the procedures for processing,	1983
approving, and disapproving those applications;	1984

(3) Retain records and all application materials submitted to	1985
the superintendent;	1986

(4) Issue licenses and maintain a register of the names and	1987
addresses of all appraisal management companies issued a license	1988
under this chapter;	1989

(5) Perform any other functions and duties, including the	1990
employment of staff, necessary to administer this chapter;	1991

(6) Administer this chapter;

1992

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

1993

(8) Investigate complaints, upon the motion of the	1994
superintendent of real estate and professional licensing or upon	1995
receipt of a complaint, or at the request of the real estate	1996
appraiser board, concerning any violation of this chapter or the	1997
rules adopted pursuant thereto or the conduct of any person	1998
holding a license issued pursuant to this chapter;	1999

(9) Establish and maintain an investigation and audit section	2000
to investigate complaints and conduct inspections, audits, and	2001
other inquiries as, in the judgment of the superintendent of real	2002
estate and professional licensing, are appropriate to enforce this	2003
chapter. The investigators and auditors may review and audit the	2004
business records of licensees during normal business hours. The	2005
superintendent of real estate and professional licensing may	2006
utilize the investigators and auditors who are employed by the	2007
division of real estate and professional licensing for other	2008
related purposes.	2009

(10) Appoint a hearing examiner for any proceeding under	2010
section 4768.13 or 4768.14 of the Revised Code;	2011

(11) Make and transmit any reports, and collect and transmit	2012
any fees, that are required under section 1109(a) of the	2013
"Financial Institutions, Reform, Recovery, and Enforcement Act,"	2014
as amended, 12 U.S.C. 3338(a).	2015

(B) The superintendent of real estate and professional	2016
licensing may do any of the following:	2017

(1) In connection with investigations and audits under	2018
division (A)(8) of this section, subpoena witnesses as provided in	2019
section 4768.05 of the Revised Code;	2020

(2) Apply to the appropriate court to enjoin any violation of	2021
this chapter. Upon a showing by the superintendent of real estate	2022
and professional licensing that any person has violated or is	2023
about to violate this chapter, the court shall grant an	2024
injunction, restraining order, or other appropriate relief, or any	2025
combination thereof;	2026

(3) In conjunction with the enforcement of this chapter, when	2027
the superintendent of real estate and professional licensing has	2028
reasonable cause to believe that any owner or controlling person	2029
of a licensee has committed a criminal offense, the superintendent	2030
of real estate and professional licensing may request the	2031
superintendent of the bureau of criminal identification and	2032
investigation to conduct a criminal records check of the owner or	2033
controlling person. The superintendent of the bureau of criminal	2034
identification and investigation shall obtain information from the	2035
federal bureau of investigation as part of the criminal records	2036
check of the owner or controlling person. The superintendent of	2037
real estate and professional licensing may assess the licensee a	2038
fee equal to the fee assessed for the criminal records check.	2039

(C)(1) The following information and documents are	2040
confidential and not public records under section 149.43 of the	2041
Revised Code:	2042

(a) All information that is obtained by investigators and	2043
auditors performing investigations or conducting inspections,	2044
audits, and other inquiries pursuant to divisions (A)(8) and (9)	2045
of this section;	2046

(b) All reports, documents, and other work products that	2047
arise from the information described in division (C)(1)(a) of this	2048
section and that are prepared by the investigators, auditors, or	2049
other personnel of the department of commerce.	2050

(2) The superintendent of real estate and professional	2051
licensing, the investigators and auditors, and other personnel of	2052
the department shall hold in confidence the information, reports,	2053
documents, and other work products described in division (C)(1) of	2054
this section.	2055

(3) Divisions (C)(1) and (2) of this section do not prevent	2056
the division from releasing information relating to licensees to	2057
the superintendent of financial institutions for purposes relating	2058
to the administration of sections 1322.01 to 1322.12 of the	2059
Revised Code, to the commissioner of securities for purposes	2060
relating to Chapter 1707. of the Revised Code, to the	2061
superintendent of insurance for purposes relating to the	2062
administration of Chapter 3953. of the Revised Code, to the	2063
attorney general, or to law enforcement agencies and prosecutors.	2064
Information released by the division pursuant to division (C)(3)	2065
of this section remains confidential.	2066

Sec. 4768.05. The real estate appraiser board or the	2067
superintendent of real estate and professional licensing may	2068
compel, by order or subpoena, the attendance of witnesses to	2069
testify in relation to any matter over which the board or the	2070
superintendent has jurisdiction and that is the subject of the	2071
inquiry and investigation by the board or superintendent and may	2072
require the production of any book, paper, or document pertaining	2073
to such matter. For such purpose, the board or the superintendent	2074
has the same power as judges of county courts to administer oaths,	2075
compel the attendance of witnesses, and punish witnesses for	2076
refusal to testify. Service of the subpoena may be made by	2077
sheriffs or by certified mail, return receipt requested, and the	2078
subpoena shall be deemed served on the date delivery is made or	2079
the date the person refuses to accept delivery. Sheriffs or	2080
constables shall return such process and shall receive the same	2081
fees for doing so as are allowed for like service if service of	2082
the subpoena is made by sheriffs or constables. Witnesses shall	2083
receive, after their appearance before the board or the	2084
superintendent, the fees and mileage provided for under section	2085
119.094 of the Revised Code. If two or more witnesses travel	2086
together in the same vehicle, the mileage fee shall be paid to	2087
only one of those witnesses, but the witnesses may agree to divide	2088
the fee amongst themselves in any manner.	2089

If any person fails to file any statement or report, obey any	2090
subpoena, give testimony, answer questions, or produce books,	2091
records, or papers as required by the board or the superintendent	2092
under this chapter, the board or the superintendent may apply to	2093
the court of common pleas of any county in the state setting forth	2094
the failure. Upon receiving such an application, the court may	2095
make an order awarding process of subpoena or subpoena duces tecum	2096
for the person to appear and testify before the board or the	2097
superintendent; order any person to give testimony and answer	2098
questions; and order any person to produce books, records, or	2099
papers, as required by the board or the superintendent. Upon the	2100
filing of such an order in the office of the clerk of the court of	2101
common pleas, the clerk, under the seal of the court, shall issue	2102
process or subpoena each day until the examination of the person	2103
is completed. The subpoena may contain a direction that the	2104
witness bring to the examination any books, records, or papers	2105
described in the subpoena. The clerk also shall issue, under the	2106
seal of the court, such other orders, in reference to the	2107
examination, appearance, and production of books, records, or	2108
papers, as the court directs. If any person summoned by subpoena	2109
fails to obey the subpoena, to give testimony, to answer questions	2110
as required, or to obey an order of the court, the court, on	2111
motion supported by proof, may order an attachment for contempt to	2112
be issued against the person charged with disobedience of the	2113
order. If the person is brought before the court by virtue of the	2114
attachment, and if upon a hearing the disobedience appears, the	2115
court may order the offender to be committed and kept in close	2116
custody.	2117

Sec. 4768.06. (A) To obtain an appraisal management company	2118
license, each applicant shall submit all of the following to the	2119
superintendent of real estate and professional licensing:	2120

(1) A completed application on a form the superintendent	2121
provides;	2122

(2) The name of a controlling person who will be the main	2123
contact between the appraisal management company and the division	2124
of real estate and professional licensing and the real estate	2125
appraiser board;	2126

(3) Payment of the fee established for initial licensure	2127
under division (A)(2) of section 4768.03 of the Revised Code;	2128

(4) A list of all owners and controlling persons of the	2129
appraisal management company;	2130

(5) A statement that each owner and controlling person of the	2131
appraisal management company satisfies the requirements set forth	2132
in divisions (B)(1) to (4) of this section;	2133

(6) A completed consent to service of process in this state	2134
as prescribed by rule of the real estate appraiser board;	2135

(7) A statement that the applicant understands the grounds	2136
for any disciplinary action that may be initiated under this	2137
chapter;	2138

(8) The name of each state in which the appraisal management	2139
company holds an appraisal management company license,	2140
certificate, or registration and affirmation that the applicant is	2141
in good standing in each state where the applicant hold a license,	2142
certificate, or registration;	2143

(9) A statement that the applicant acknowledges that a system	2144
or process must be in place to verify that any appraiser added to	2145
the appraisal management company's appraiser panel for the purpose	2146
of performing real estate appraisal services in this state holds a	2147
license or certificate under Chapter 4763. of the Revised Code and	2148
is in good standing with this state;	2149

(10) A statement that the applicant acknowledges that a	2150
system or process must be in place to review the work of	2151
appraisers who are performing real estate appraisal services for	2152
compliance with the uniform standards of professional appraisal	2153
practice;	2154

(11) A statement that the applicant acknowledges that a	2155
system or process must be in place to verify that any employee of,	2156
or independent contractor to, the appraisal management company	2157
that performs an appraisal review shall be an appraiser licensed	2158
or certified pursuant to Chapter 4763. of the Revised Code,	2159
provided the property that is the subject of the appraisal is	2160
located in this state;	2161

(12) A statement that the applicant acknowledges that the	2162
controlling person who will be the main contact between the	2163
appraisal management company and the division of real estate and	2164
professional licensing and the real estate appraiser board	2165
described in division (A)(2) of this section has successfully	2166
completed fifteen hours of uniform standards of professional	2167
appraisal practice and thereafter must complete seven hours of	2168
instruction in uniform standards of professional appraisal	2169
practice at least once every two years;	2170

(13) A statement that the applicant acknowledges that a	2171
system or process must be in place to disclose to its client the	2172
actual fees paid to an appraiser for appraisal services separately	2173
from any other fees or charges for appraisal management services;	2174

(14) A statement that the applicant acknowledges that a	2175
system or process must be in place to disclose the license,	2176
certificate, or registration number of the appraisal management	2177
company on each engagement letter used in assigning an appraisal	2178
request for real estate appraisal assignments within the state;	2179

(15) A statement that the applicant acknowledges that it is	2180
required to report suspected violations of Chapter 4763. of the	2181
Revised Code by a person licensed, registered, or certified under	2182
that chapter;	2183

(16) A statement that the applicant acknowledges that the	2184
real estate appraiser board or the superintendent may require the	2185
applicant to submit to an audit, conducted by staff of the	2186
division of real estate and professional licensing, of the	2187
applicant's operations or books;	2188

(17) A statement that the applicant acknowledges that it is	2189
required to comply with section 129e of the "Truth in Lending	2190
Act," 82 Stat. 146, 15 U.S.C. 1639e.	2191

(B) Each owner and controlling person of an appraisal	2192
management company shall satisfy all of the following criteria:	2193

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

2194

(2) Have graduated the twelfth grade or received a	2195
certificate of high school equivalence as defined in section	2196
4109.06 of the Revised Code;	2197

(3) Be honest, truthful, and of good moral character;

2198

(4) Have not had a license, certificate, or registration to	2199
act as an appraiser that has been refused, denied, canceled,	2200
surrendered, or revoked in this state or in any other state;	2201

(5) Submit to a criminal records check in accordance with	2202
this section and any rule that the superintendent adopts under	2203
division (A)(1) of section 4768.03 of the Revised Code.	2204

(C) Upon receiving an application under this section, the	2205
superintendent shall request the superintendent of the bureau of	2206
criminal identification and investigation, or a vendor approved by	2207
the bureau, to conduct a criminal records check based on the	2208
fingerprint impressions of each owner and controlling person of	2209
the applicant in accordance with division (A)(15) of section	2210
109.572 of the Revised Code. Notwithstanding division (K) of	2211
section 121.08 of the Revised Code, the superintendent of real	2212
estate and professional licensing shall request that the	2213
superintendent of the bureau of criminal identification and	2214
investigation obtain criminal record information from the federal	2215
bureau of investigation be obtained as part of the criminal	2216
records check. Any fee required under division (C)(3) of section	2217
109.572 of the Revised Code shall be paid by the applicant.	2218

(D)(1) Subject to section 4768.08 of the Revised Code and	2219
except as provided in division (D)(2) of this section, the	2220
superintendent shall issue a license to the applicant if the	2221
applicant and each owner and controlling person of the applicant	2222
satisfies the requirements of this section.	2223

(2) The superintendent shall not issue a license to an	2224
applicant if any owner or controlling person of the applicant has	2225
been convicted of or pleaded guilty to a felony. However, if an	2226
owner or controlling person of the applicant has pleaded guilty to	2227
or been convicted of a felony, the superintendent shall not	2228
consider the conviction or plea if the person has proven to the	2229
superintendent, by a preponderance of the evidence, that the	2230
person's activities and employment record since the conviction or	2231
plea show that the person is honest, truthful, and of good moral	2232
character, and there is no basis in fact for believing that the	2233
person will commit a felony again.	2234

(E) A license issued under this section shall be valid for	2235
one year after the date of issue.	2236

Sec. 4768.07. (A) An appraisal management company licensed	2237
under this chapter may obtain a renewal license by filing an	2238
annual renewal application with the superintendent of real estate	2239
and professional licensing and paying the renewal fee established	2240
under division (A)(2) of section 4768.03 of the Revised Code. The	2241
renewal application shall include a statement, signed by the	2242
licensee's controlling person, that states all of the following:	2243

(1) The licensee has a system or process in place to verify	2244
that any appraiser added to the appraisal management company's	2245
appraiser panel for the purpose of performing real estate	2246
appraiser services in this state holds a license or certificate	2247
under Chapter 4763. of the Revised Code and is in good standing	2248
with this state.	2249

(2) The licensee has a system or process in place to review	2250
the work of appraisers who are performing real estate appraisal	2251
services for compliance with the uniform standards of professional	2252
appraisal practice.	2253

(3) The controlling person of the licensee who is the main	2254
contact between the appraisal management company and the division	2255
of real estate and professional licensing and the real estate	2256
appraiser board described in division (A)(2) of section 4768.06 of	2257
the Revised Code has successfully completed an initial fifteen	2258
hours of uniform standards of professional appraisal practice and	2259
thereafter completes seven hours of instruction in uniform	2260
standards of professional appraisal practice at least once every	2261
two years.	2262

(4) The licensee has a system or process in place to disclose	2263
to its client the actual fees paid to an appraiser for appraisal	2264
services separately from any other fees or charges for appraisal	2265
management services.	2266

(5) The licensee has a system or process in place to disclose	2267
the license, certificate, or registration number of the appraisal	2268
management company on each engagement letter used in assigning an	2269
appraisal request for real estate appraisal assignments within the	2270
state.	2271

(6) Each owner and controlling person of the licensee	2272
continues to satisfy the requirements provided for under divisions	2273
(B)(1) to (4) of section 4768.06 of the Revised Code;	2274

(7) The licensee acknowledges that it is required to report	2275
suspected violations of Chapter 4763. of the Revised Code by a	2276
person licensed, registered, or certified under that chapter;	2277

(8) The licensee acknowledges that the real estate appraiser	2278
board or the superintendent may require the licensee to submit to	2279
an audit, conducted by the staff of the division of real estate	2280
and professional licensing, of the applicant's operations or	2281
books;	2282

(9) The licensee acknowledges that it is required to comply	2283
with section 129e of the "Truth in Lending Act," 82 Stat. 146, 15	2284
U.S.C. 1639e.	2285

(B) The licensee shall file the renewal application at least	2286
thirty days, but not earlier than one hundred twenty days, prior	2287
to expiration of the license. Subject to section 4768.08 of the	2288
Revised Code, the superintendent shall renew the license if the	2289
applicant has complied with division (A) of this section. Each	2290
license renewed under this section shall expire one year after the	2291
date of renewal.	2292

(C) A licensee who fails to renew a license prior to its	2293
expiration is ineligible to obtain a renewal license and shall	2294
comply with section 4768.06 of the Revised Code to regain	2295
licensure, except that a licensee may, within three months after	2296
the expiration of the license, renew the license without having to	2297
comply with section 4768.06 of the Revised Code by paying all the	2298
renewal fees and the late filing fee established under division	2299
(A)(2) of section 4768.03 of the Revised Code. A licensee who	2300
applies for late renewal of the licensee's license shall not	2301
engage in any activities permitted by the license being renewed	2302
during the three-month period following the license's normal	2303
expiration date until all renewal fees and the late filing fee	2304
have been paid.	2305

Sec. 4768.08. The superintendent of real estate and	2306
professional licensing may refuse to issue a license to an	2307
applicant under this chapter based upon any act or omission for	2308
which a person, including a licensee, may be disciplined under	2309
division (K) of section 4768.13 of the Revised Code or may refuse	2310
to renew a license if the licensee has failed to comply with this	2311
chapter. If the superintendent refuses to issue or renew a license	2312
under this section, the superintendent shall notify the applicant	2313
or the licensee of the basis for the refusal. The notice shall	2314
comply with division (N) of section 4768.13 of the Revised Code,	2315
and the hearing shall be conducted in accordance with Chapter 119.	2316
of the Revised Code. An applicant or licensee may appeal the	2317
superintendent's decision to the real estate appraiser board,	2318
which shall provide the applicant or licensee with the opportunity	2319
to be heard in person or by counsel, or both. The decision and	2320
order of the board is final, subject to review in the manner	2321
provided in Chapter 119. of the Revised Code and appeal to the	2322
court of common pleas of Franklin county.	2323

Sec. 4768.09. (A) Except within the first thirty days after	2324
an appraiser is first added to the appraiser panel of an appraisal	2325
management company, an appraisal management company shall not	2326
remove the appraiser from its appraiser panel or otherwise refuse	2327
to assign requests for real estate appraisal services to the	2328
appraiser without first doing both of the following:	2329

(1) Notifying the appraiser in writing of the reasons the	2330
appraiser is being removed from the appraiser panel or is refused	2331
assignment requests for appraisal services;	2332

(2) Providing the appraiser with an opportunity to respond to	2333
that notification, in writing, within ten business days after the	2334
appraisal management company sends the removal notification.	2335

(B) The notice described in division (A)(1) of this section	2336
shall be sent by a delivery system that delivers letters,	2337
packages, and other materials in its ordinary course of business	2338
with traceable delivery and signature receipt. An appraisal	2339
management company that sends such notice shall keep a copy of the	2340
notice for at least five years from the date the notice is sent to	2341
the appraiser.	2342

(C) Nothing in this section prohibits an appraisal management	2343
company from suspending an appraiser from receiving assignment	2344
requests during the period described in division (A)(2) of this	2345
section.	2346

Sec. 4768.10. (A) Each appraisal management company licensed	2347
under this chapter shall maintain all of the following items for a	2348
period of at least five years from the date the appraisal report	2349
is submitted to the client:	2350

(1) The original or true copy of every request relating to	2351
the report that the appraisal management company receives from the	2352
client;	2353

(2) The original or true copy of each request sent to an	2354
appraiser who is considered for the assignment;	2355

(3) Copies of the appraisal report and all versions of that	2356
report.	2357

(B) An appraisal management company shall include all of the	2358
following information in each appraisal assignment file:	2359

(1) The name and contact information of both the appraisal	2360
management company and the individual from the appraisal	2361
management company involved in ordering the appraisal or, if the	2362
assignment is generated by an automated system, the name of that	2363
system;	2364

(2) The amount of any fee paid to the appraiser for each	2365
assignment included in the appraisal assignment file and the time	2366
and method of payment;	2367

(3) Details of all communications between the appraisal	2368
management company, the appraiser, and the client for each	2369
appraisal assignment included in the appraisal assignment file.	2370

Sec. 4768.11. (A) No employee, director, officer, or agent	2371
of an appraisal management company licensed under this chapter	2372
shall influence or attempt to influence the development,	2373
reporting, or review of an appraisal through coercion, extortion,	2374
collusion, compensation, instruction, inducement, intimidation,	2375
bribery, or in any other manner, including the following:	2376

(1) Withholding or threatening to withhold timely payment for	2377
appraisal services rendered when the appraisal report or services	2378
rendered are provided in accordance with a contract between the	2379
parties;	2380

(2) Withholding or threatening to withhold future business	2381
for an appraiser, or demoting or threatening to demote an	2382
appraiser, or terminating the relationship with or threatening to	2383
terminate the relationship with an appraiser;	2384

(3) Expressly or impliedly promising future business,	2385
promotions, or increased compensation for an appraiser;	2386

(4) Conditioning the assignment of an appraisal or the	2387
payment of an appraisal fee, salary, or bonus, on the opinion,	2388
conclusion, or valuation to be reached by, or on a preliminary	2389
estimate or opinion requested from, an appraiser;	2390

(5) Requesting that an appraiser provide an estimated,	2391
predetermined, or desired valuation in an appraisal report, or	2392
provide estimated values or comparable sales at any time prior to	2393
the appraiser's completion of an appraisal;	2394

(6) Providing to an appraiser an anticipated, estimated,	2395
encouraged, or desired value for a subject property or a proposed	2396
or target amount to be loaned to the borrower, except that the	2397
employee, director, officer, or agent of an appraisal management	2398
company may provide the appraiser with a copy of the sales	2399
contract for purchase transactions;	2400

(7) Providing stock or other financial or nonfinancial	2401
benefits to an appraiser or any person related to the appraiser;	2402

(8) Any other act or practice that impairs, or attempts to	2403
impair, an appraiser's independence, objectivity, or impartiality;	2404

(9) Obtaining, using, or paying for a second or subsequent	2405
appraisal or ordering an automated valuation model in connection	2406
with a mortgage financing transaction, unless any of the following	2407
are true:	2408

(a) There is a reasonable basis to believe that the initial	2409
appraisal was flawed or tainted and such basis is clearly and	2410
appropriately noted in the loan file.	2411

(b) The appraisal or automated valuation model is done	2412
pursuant to a bona fide pre- or post-funding appraisal review or	2413
quality control process.	2414

(c) A second appraisal is required under state or federal	2415
law.	2416

(10) Allowing the removal of an appraiser from the appraisal	2417
management company's appraiser panel without prior written notice	2418
as required under section 4768.09 of the Revised Code;	2419

(11) Requiring an appraiser to indemnify the appraisal	2420
management company against liability, damages, losses, or claims	2421
other than those liabilities, damages, losses, or claims arising	2422
out of the services performed by the appraiser, including	2423
performance or nonperformance of the appraiser's duties and	2424
obligation, whether as a result of negligence or willful	2425
misconduct;	2426

(12) Requiring an appraiser to perform an appraisal	2427
assignment if the appraiser declines the assignment and informs	2428
the appraisal management company that the appraiser is not	2429
competent to perform the appraisal assignment and the appraiser	2430
declines to acquire the necessary competency to perform the	2431
assignment;	2432

(13) Requiring an appraiser who has notified the appraisal	2433
management company and declined the assignment to prepare an	2434
appraisal under a time frame that the appraiser, in the	2435
appraiser's own professional judgment, believes does not afford	2436
the appraiser the ability to meet all the relevant legal and	2437
professional obligations.	2438

(B) Nothing in division (A) of this section shall be	2439
construed as prohibiting an appraisal management company from	2440
requesting that an appraiser do any of the following:	2441

(1) Consider additional, appropriate property information,	2442
including the consideration of additional comparable properties,	2443
to make or support an appraisal;	2444

(2) Provide further detail, substantiation, or explanation	2445
for the appraiser's value conclusion;	2446

(3) Correct objective factual errors in an appraisal report.

2447

(C) No appraisal management company shall alter, modify, or	2448
otherwise change a completed appraisal report submitted by an	2449
appraiser, except that the format of the appraisal report may be	2450
modified solely for the purpose of transmission.	2451

(D) Each appraisal management company shall require that	2452
appraisals be conducted independently and free from inappropriate	2453
influence and coercion pursuant to the appraisal independence	2454
standards established under section 129e of the "Truth in Lending	2455
Act," 82 Stat. 146, 15 U.S.C. 1639e.	2456

Sec. 4768.12. (A) An appraisal management company licensed	2457
under this chapter shall compensate an appraiser for the	2458
completion of an appraisal within sixty days of the date on which	2459
the appraiser transmits or otherwise provides the completed	2460
appraisal to the appraisal management company or its assignees,	2461
except in cases of breach of contract or substandard performance	2462
of services.	2463

(B)(1) An appraisal management company licensed under this	2464
chapter shall compensate each appraiser who performs appraisal	2465
services for the appraisal management company in accordance with	2466
the appraisal independence standards established under section	2467
129e of the "Truth in Lending Act," 82 Stat. 146, 15 U.S.C. 1639e.	2468

(2) In the case of an appraisal involving a complex	2469
assignment, the customary and reasonable fee may reflect the	2470
increased time, difficulty, and scope of the work required for the	2471
appraisal, and may include an amount over and above the customary	2472
and reasonable fee for noncomplex assignments.	2473

Sec. 4768.13. (A) Within ten business days after a person	2474
files with the division of real estate and professional licensing	2475
a written complaint against a person licensed under this chapter	2476
or any other person, the superintendent of real estate and	2477
professional licensing shall acknowledge receipt of the complaint	2478
by sending notice to the person against whom the complaint is	2479
filed that includes a copy of the complaint. That notice and the	2480
acknowledgment to the complainant may state that an informal	2481
mediation meeting will be held with the complainant, the person	2482
against whom the complaint is filed, and an investigator from the	2483
investigation and audit section of the division, if the	2484
complainant and person both file a request for such a meeting	2485
within twenty calendar days after the acknowledgment and notice	2486
are mailed.	2487

(B) If the complainant and the person against whom the	2488
complaint is filed both file with the division requests for an	2489
informal mediation meeting, the superintendent shall notify the	2490
complainant and the person of the date, time, and place of the	2491
meeting by regular mail. If the complainant and the person reach	2492
an accommodation at an informal mediation meeting, the	2493
investigator shall report the accommodation to the superintendent,	2494
the complainant, and the person against whom the complaint is	2495
filed and the file shall be closed upon the superintendent	2496
receiving satisfactory notice that the accommodation agreement has	2497
been fulfilled.	2498

(C) If the complainant and the person against whom the	2499
complaint is filed fail to agree to an informal mediation meeting,	2500
fail to reach an accommodation agreement, or fail to fulfill an	2501
accommodation agreement, the superintendent shall assign the	2502
complaint to an investigator for an investigation into the conduct	2503
of the person against whom the complaint is filed.	2504

(D) Upon the conclusion of the investigation, the	2505
investigator shall file a written report of the results of the	2506
investigation with the superintendent. The superintendent shall	2507
review the report and determine whether there exists reasonable	2508
and substantial evidence to justify disciplinary action against	2509
the person on a ground described in division (K) of this section.	2510

(E) If the superintendent finds that reasonable and	2511
substantial evidence to justify disciplinary action against the	2512
person on a ground described in division (K) of this section does	2513
not exist, the superintendent shall notify that person and the	2514
complainant of that determination and the basis for the	2515
determination. Within fifteen business days after the	2516
superintendent notifies the complainant and the person against	2517
whom the complaint is filed of that determination, the complainant	2518
may file with the division a request that the real estate	2519
appraiser board review the determination. If the complainant files	2520
such request, the board shall review the superintendent's	2521
determination at the next regularly scheduled meeting held at	2522
least fifteen business days after the request is filed but not	2523
longer than six months after the request is filed. The board may	2524
hear the testimony of the complainant or the person against whom	2525
the complaint is filed at the meeting upon the request of that	2526
party. If the board affirms the determination of the	2527
superintendent, the superintendent shall notify the complainant	2528
and the person against whom the complaint is filed within ten	2529
business days thereafter. If the board reverses the determination	2530
of the superintendent, a hearing before a hearing examiner shall	2531
be held, and the complainant and the person against whom the	2532
complaint is filed shall be notified as provided in division (N)	2533
of this section.	2534

(F) If the superintendent finds that reasonable and	2535
substantial evidence to justify disciplinary action against the	2536
person on a ground described in division (K) of this section does	2537
exist, the superintendent shall notify that person and the	2538
complainant of the determination. The person against whom the	2539
complaint is filed may request a hearing pursuant to Chapter 119.	2540
of the Revised Code. If a formal hearing is to be conducted, the	2541
superintendent shall appoint a hearing examiner to conduct the	2542
hearing in accordance with that chapter.	2543

(G) In accordance with section 119.09 of the Revised Code,	2544
after conducting a hearing, the hearing examiner shall submit a	2545
report of findings of fact and conclusions of law with the	2546
superintendent, the board, the complainant, and the person against	2547
whom the complaint is filed. Within ten calendar days of receipt	2548
of the copy of the hearing examiner's report, the person against	2549
whom the complaint is filed and the division may file with the	2550
board objections to the hearing examiner's report, which shall be	2551
considered by the board before approving, modifying, or rejecting	2552
the hearing examiner's report. The board may hear the testimony of	2553
the complainant and the person against whom the complaint is filed	2554
upon request of those parties.	2555

(H) At any time after the superintendent notifies a person	2556
against whom the complaint is filed of the superintendent's	2557
determination in accordance with division (F) of this section but	2558
before a hearing is held on the matter, the person may apply to	2559
the superintendent to enter into a settlement agreement regarding	2560
the alleged violation. The superintendent and the person shall	2561
comply with the requirements for settlement agreements established	2562
by rules adopted by the board under division (A)(3) of section	2563
4768.03 of the Revised Code. If the parties enter into the	2564
settlement agreement, the hearing before the hearing examiner	2565
shall be postponed, and the board shall review the settlement	2566
agreement at its next regularly scheduled meeting. If the board	2567
disapproves the settlement agreement, the hearing before the	2568
hearing examiner shall be rescheduled.	2569

(I) If, after review of the hearing examiner's report or the	2570
settlement agreement, the board determines that a ground for	2571
disciplinary action that is described in division (K) of this	2572
section exists against a person, the board shall order the	2573
disciplinary action the board considers appropriate, which may	2574
include any of the following:	2575

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

2576

(2) Imposition of a fine, not exceeding twenty-five thousand	2577
dollars per violation;	2578

(3) Suspension of a license issued under this chapter for a	2579
specific period of time;	2580

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

2581

If the board approved a settlement agreement entered into	2582
pursuant to division (H) of this section in relation to the ground	2583
for disciplinary action, the disciplinary action shall not be	2584
inconsistent with that settlement agreement.	2585

(J) The decision and order of the board is final, subject to	2586
review in the manner provided for in Chapter 119. of the Revised	2587
Code and appeal to the court of common pleas of Franklin county.	2588

(K) The board shall take any disciplinary action authorized	2589
by division (I) of this section against any person, including an	2590
appraisal management company licensed under this chapter, to which	2591
any of the following grounds apply:	2592

(1) The person procured or attempted to procure a license	2593
under this chapter by knowingly making a false statement,	2594
submitting false information, refusing to provide complete	2595
information in response to a question in an application for	2596
licensure, or by any means of fraud or misrepresentation.	2597

(2) The person paid, or attempted to pay, anything of value,	2598
other than the fees or assessments required by this chapter, to	2599
any member or employee of the board for the purpose of procuring a	2600
license under this chapter.	2601

(3) The person offered, performed, or otherwise provided	2602
appraisal management services, without a license issued under this	2603
chapter, under a business structure that was designed to	2604
circumvent the requirements and prohibitions of this chapter.	2605

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

2606

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

2607

(6) The person violated section 4768.12 of the Revised Code.

2608

(7) The person failed to provide copies of records to the	2609
superintendent as required under this chapter or failed to	2610
maintain records, or include certain information in the appraisal	2611
assignment file, as required under section 4768.10 of the Revised	2612
Code.	2613

(8) Entry of final judgment exists against a person licensed	2614
under this chapter on the grounds of fraud, deceit,	2615
misrepresentation, or coercion in the making of any appraisal of	2616
real estate.	2617

(9) The person failed to provide notice to the board as	2618
required in division (M) of this section.	2619

(10) The person failed to assist the superintendent in the	2620
investigation of complaints under division (A)(8) of section	2621
4768.04 of the Revised Code.	2622

(11) The license, certificate, or registration of the	2623
appraisal management company that was issued by another state was	2624
revoked or surrendered.	2625

(12) If the person is an appraisal management company	2626
licensed under this chapter, the person failed to provide written	2627
notice to the division within fifteen days of changing the	2628
controlling person who is designated as the appraisal management	2629
company's main contact under division (A)(2) of section 4768.06 of	2630
the Revised Code.	2631

(13) If the person is an appraisal management company	2632
licensed under this chapter, the person entered into a contract or	2633
an agreement with an appraiser who is not licensed or certified	2634
under Chapter 4763. of the Revised Code for the performance of	2635
real estate appraisal services.	2636

(14) If the person is an appraisal management company	2637
licensed under this chapter, the person failed to verify that an	2638
appraiser added to the appraisal management company's appraiser	2639
panel is a licensed or certified appraiser under Chapter 4763. of	2640
the Revised Code who is in good standing with this state.	2641

(15) If the person is an appraisal management company	2642
licensed under this chapter, the person failed to require that	2643
appraisals coordinated by the appraisal management company comply	2644
with the uniform standards of professional appraisal practice.	2645

(16) An owner or controlling person of an appraisal	2646
management company was convicted of or pleaded guilty to a felony.	2647

(L) Failure of a person, including a licensee under this	2648
chapter, to comply with a subpoena issued under division (B)(1) of	2649
section 4768.04 of the Revised Code is prima facie evidence of a	2650
violation of division (K)(7) of this section.	2651

(M) A licensee shall notify the board within fifteen days of	2652
any state agency's issuance of an order revoking or permanently	2653
surrendering any professional appraisal management company	2654
license, certificate, or registration issued by any public entity	2655
other than the division.	2656

(N) Except as otherwise provided, all notices, written	2657
reports, and determinations issued pursuant to this section shall	2658
be mailed via certified mail, return receipt requested. If the	2659
notice, written report, or determination is returned because of	2660
failure of delivery or was unclaimed, the notice, written report,	2661
or determination shall be deemed served if the superintendent	2662
sends the notice, written report, or determination via regular	2663
mail and obtains a certificate of mailing of the notice, written	2664
report, or determination. Refusal of delivery by personal service	2665
or by mail is not failure of delivery and service is deemed to be	2666
complete.	2667

Sec. 4768.14. (A) Upon receipt of a written complaint or	2668
upon the superintendent of real estate and professional	2669
licensing's own motion, the superintendent may investigate any	2670
person that allegedly violated division (A)(1) of section 4768.02	2671
of the Revised Code.	2672

(B) If, after investigation, the superintendent determines	2673
there exists reasonable evidence of a violation of division (A)(1)	2674
of section 4768.02 of the Revised Code, within fourteen business	2675
days after that determination, the superintendent shall send the	2676
party who is the subject of the investigation a written notice, by	2677
regular mail, that includes all of the following information:	2678

(1) A description of the activity in which the party	2679
allegedly is engaging or has engaged that is a violation of	2680
division (A)(1) of section 4768.02 of the Revised Code;	2681

(2) The applicable law allegedly violated;

2682

(3) A statement informing the party that a hearing concerning	2683
the alleged violation will be held before a hearing examiner, and	2684
a statement giving the date and place of that hearing;	2685

(4) A statement informing the party that the party or the	2686
party's attorney may appear in person at the hearing and present	2687
evidence and examine witnesses appearing for and against the	2688
party, or the party may submit written testimony stating any	2689
positions, arguments, or contentions.	2690

(C) At any time after the superintendent notifies a person of	2691
the superintendent's determination in accordance with division (B)	2692
of this section but before a hearing is held on the matter, the	2693
person may apply to the superintendent to enter into a settlement	2694
agreement regarding the alleged violation. The superintendent and	2695
the person shall comply with the requirements for settlement	2696
agreements established by rules adopted by the board under	2697
division (A)(3) of section 4768.03 of the Revised Code. If the	2698
parties enter into the settlement agreement, the hearing before	2699
the hearing examiner shall be postponed and the board shall review	2700
the settlement agreement at its next regularly scheduled meeting.	2701
If the board disapproves the settlement agreement, the hearing	2702
before the hearing examiner shall be rescheduled.	2703

(D) The hearing examiner shall hear the testimony of all	2704
parties present at the hearing and consider any written testimony	2705
submitted pursuant to division (B)(4) of this section. At the	2706
conclusion of the hearing, the hearing examiner shall determine if	2707
there has been a violation of division (A)(1) of section 4768.02	2708
of the Revised Code.	2709

(E) After the conclusion of formal hearings, the hearing	2710
examiner shall file with the superintendent, the real estate	2711
appraiser board, the complainant, and the parties a written report	2712
setting forth the examiner's findings of fact and conclusions of	2713
law and a recommendation of the action to be taken by the	2714
superintendent. Within ten days of receiving a copy of that	2715
report, the parties and the division of real estate and	2716
professional licensing may file with the board written objections	2717
to the report. The board shall consider the objections before	2718
approving, modifying, or disapproving the report.	2719

The board shall review the hearing examiner's report at the	2720
next regularly scheduled board meeting held at least fifteen	2721
business days after receipt of the hearing examiner's report. The	2722
board shall hear the testimony of the complainant or the parties.	2723

(F) After reviewing the hearing examiner's report pursuant to	2724
division (E) of this section, or after reviewing the settlement	2725
agreement pursuant to division (C) of this section, the board	2726
shall decide whether to impose sanctions upon a party for a	2727
violation of division (A)(1) of section 4768.02 of the Revised	2728
Code. The board may assess a civil penalty in an amount it	2729
determines, not to exceed one thousand dollars per violation. Each	2730
day a violation occurs or continues is a separate violation. The	2731
board shall determine the terms of payment. The board shall	2732
maintain a transcript of the proceedings of the hearing and issue	2733
a written opinion to all parties, citing its findings and grounds	2734
for any action taken. If the board approved a settlement agreement	2735
entered into pursuant to division (C) of this section in relation	2736
to the violation, the civil penalty shall not be inconsistent with	2737
that settlement agreement.	2738

(G) Civil penalties collected under this section shall be	2739
deposited in the real estate appraiser operating fund created	2740
under section 4763.15 of the Revised Code.	2741

(H) If a party fails to pay a civil penalty assessed pursuant	2742
to this section within the time prescribed by the board, the	2743
superintendent shall forward to the attorney general the name of	2744
the party and the amount of the civil penalty, for the purpose of	2745
collecting that civil penalty. The party shall pay any fee	2746
assessed by the attorney general for collection of the civil	2747
penalty in addition to the civil penalty assessed pursuant to this	2748
section.	2749

Sec. 4768.15. The superintendent of real estate and	2750
professional licensing shall deposit all moneys collected under	2751
this chapter into the state treasury to the credit of the real	2752
estate appraiser operating fund created under section 4763.15 of	2753
the Revised Code.	2754

Sec. 4768.99. (A) Whoever violates division (A)(1), (2),	2755
(3), (4), (5), (6), (7), (8), or (9) or division (C) of section	2756
4768.11 of the Revised Code is guilty of a felony of the fifth	2757
degree.	2758

(B) Whoever violates division (A)(10), (11), (12), or (13) of	2759
section 4768.11 of the Revised Code is guilty of a misdemeanor of	2760
the first degree.	2761

Section 2. That existing sections 109.572, 121.08, 4763.01,	2762
4763.02, 4763.03, 4763.05, 4763.07, 4763.08, 4763.11, 4763.12,	2763
4763.13, 4763.14, 4763.15, 4763.17, and 4763.19 of the Revised	2764
Code are hereby repealed.	2765

Section 3. Nothing in this act shall affect the term of any	2766
member of the Real Estate Appraiser Board serving on the effective	2767
date of this act.	2768

Section 4. Division (A)(11) of section 4768.11 of the Revised	2769
Code as enacted by this act, applies to contracts entered into on	2770
or after the effective date of this act.	2771

Section 5. Sections 109.572, 121.08, 4763.01, 4763.02,	2772
4763.03, 4763.05, 4763.08, 4763.11, 4763.12, 4763.13, 4763.14,	2773
4763.15, 4763.17, 4763.19, 4768.01, 4768.02, 4768.04, 4768.05,	2774
4768.06, 4768.07, 4768.08, 4768.09, 4768.10, 4768.11, 4768.12,	2775
4768.13, 4768.14, 4768.15, and 4768.99 of the Revised Code, as	2776
amended or enacted by this act, shall take effect six months after	2777
the effective date of this act.	2778

Section 6. This act is hereby declared to be an emergency	2779
measure necessary for the immediate preservation of the public	2780
peace, health, and safety. The reason for such necessity is that	2781
the act's requirements for appraisal management companies and	2782
appraisers will economically protect citizens of this state, as	2783
well as ensure confidence in the property appraisal procedure.	2784
Therefore, this act shall go into immediate effect.	2785