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H. B. No. 546 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Slesnick, McGregor
Cosponsors:
Representatives Antonio, Brenner, Murray, Stebelton
A BILL
To amend sections 109.572, 4763.01, 4763.02, 4763.05,
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
the exceptions to licensure under that law, and to
regulate appraisal management companies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.572, 4763.01, 4763.02, 4763.05,
4763.08, 4763.11, 4763.12, 4763.13, 4763.14, 4763.15, 4763.17, and
4763.19 be amended and sections 4768.01, 4768.02, 4768.03,
4768.04, 4768.05, 4768.06, 4768.07, 4768.08, 4768.09, 4768.10,
4768.11, 4768.12, 4768.13, 4768.14, 4768.15, and 4768.99 of the
Revised Code be enacted to read as follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,
a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of developmental disabilities,
pursuant to section 5126.28 of the Revised Code with respect to an
applicant for employment in any position with a county board of
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, 5119.693, or 5119.85 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.032,
5111.033, or 5111.034 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set
of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of, has pleaded guilty to, or has
been found eligible for intervention in lieu of conviction for any
of the following, regardless of the date of the conviction, the
date of entry of the guilty plea, or the date the person was found
eligible for intervention in lieu of conviction:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date;
(b) A violation of an existing or former municipal ordinance
or law of this state, any other state, or the United States that
is substantially equivalent to any of the offenses listed in
division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On receipt of a request pursuant to section 2151.86 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11
of the Revised Code, a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, a violation of section
2919.23 of the Revised Code that would have been a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, had the violation been committed prior to that date, a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense, two or more OVI or OVUAC violations
committed within the three years immediately preceding the
submission of the application or petition that is the basis of the
request, or felonious sexual penetration in violation of former
section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(8)(a) of
this section.
(9) Upon receipt of a request pursuant to section 5104.012 or
5104.013 of the Revised Code, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, a violation of section 2923.02 or 2923.03 of
the Revised Code that relates to a crime specified in this
division, or a second violation of section 4511.19 of the Revised
Code within five years of the date of application for licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The superintendent
shall report the findings of the criminal records check and any
information the federal bureau of investigation provides to the
director of public safety.
(12) On receipt of a request pursuant to section 1321.37,
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for a license, permit, or
certification from the department of commerce or a division in the
department. The superintendent shall conduct the criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following: a
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or
2925.03 of the Revised Code; any other criminal offense involving
theft, receiving stolen property, embezzlement, forgery, fraud,
passing bad checks, money laundering, or drug trafficking, or any
criminal offense involving money or securities, as set forth in
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of
the Revised Code; or any existing or former law of this state, any
other state, or the United States that is substantially equivalent
to those offenses.
(13) On receipt of a request for a criminal records check
from the treasurer of state under section 113.041 of the Revised
Code or from an individual under section 4701.08, 4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by
a completed form prescribed under division (C)(1) of this section
and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent
of the bureau of criminal identification and investigation shall
conduct a criminal records check in the manner described in
division (B) of this section to determine whether any information
exists that indicates that the person who is the subject of the
request has been convicted of or pleaded guilty to any criminal
offense in this state or any other state. The superintendent shall
send the results of a check requested under section 113.041 of the
Revised Code to the treasurer of state and shall send the results
of a check requested under any of the other listed sections to the
licensing board specified by the individual in the request.
(14) On receipt of a request pursuant to section 1121.23,
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any criminal offense under any existing or former law of
this state, any other state, or the United States.
(15) On receipt of a request for a criminal records check
from an appointing or licensing authority under section 3772.07 of
the Revised Code, a completed form prescribed under division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner prescribed in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty or no contest to any offense under
any existing or former law of this state, any other state, or the
United States that is a disqualifying offense as defined in
section 3772.07 of the Revised Code or substantially equivalent to
such an offense.
(16) On receipt of a request pursuant to section 4768.06 of
the Revised Code, a completed form prescribed under division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists indicating that the
person who is the subject of the request has been convicted of or
pleaded guilty to a felony in this state or in any other state.
(17) Not later than thirty days after the date the
superintendent receives a request of a type described in division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),
(14), or (15), or (16) of this section, the completed form, and
the fingerprint impressions, the superintendent shall send the
person, board, or entity that made the request any information,
other than information the dissemination of which is prohibited by
federal law, the superintendent determines exists with respect to
the person who is the subject of the request that indicates that
the person previously has been convicted of or pleaded guilty to
any offense listed or described in division (A)(1), (2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15), or (16)
of this section, as appropriate. The superintendent shall send the
person, board, or entity that made the request a copy of the list
of offenses specified in division (A)(1), (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (14), or (15), or (16) of this
section, as appropriate. If the request was made under section
3701.881 of the Revised Code with regard to an applicant who may
be both responsible for the care, custody, or control of a child
and involved in providing direct care to an older adult, the
superintendent shall provide a list of the offenses specified in
divisions (A)(4) and (6) of this section.
Not later than thirty days after the superintendent receives
a request for a criminal records check pursuant to section 113.041
of the Revised Code, the completed form, and the fingerprint
impressions, the superintendent shall send the treasurer of state
any information, other than information the dissemination of which
is prohibited by federal law, the superintendent determines exist
with respect to the person who is the subject of the request that
indicates that the person previously has been convicted of or
pleaded guilty to any criminal offense in this state or any other
state.
(B) The superintendent shall conduct any criminal records
check requested under section 113.041, 121.08, 173.27, 173.394,
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,
3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101, 4717.061,
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,
4762.031, 4762.06, 4763.05, 4768.06, 4779.091, 5104.012, 5104.013,
5111.032, 5111.033, 5111.034, 5119.693, 5119.85, 5123.081,
5126.28, 5126.281, or 5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including, if the
criminal records check was requested under section 113.041,
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,
3772.07, 4749.03, 4749.06, 4763.05, 4768.06, 5104.012, 5104.013,
5111.032, 5111.033, 5111.034, 5119.693, 5119.85, 5123.081,
5126.28, 5126.281, or 5153.111 of the Revised Code, any relevant
information contained in records that have been sealed under
section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request, including fingerprint-based
checks of national crime information databases as described in 42
U.S.C. 671 if the request is made pursuant to section 2151.86,
5104.012, or 5104.013 of the Revised Code or if any other Revised
Code section requires fingerprint-based checks of that nature, and
shall review or cause to be reviewed any information the
superintendent receives from that bureau. If a request under
section 3319.39 of the Revised Code asks only for information from
the federal bureau of investigation, the superintendent shall not
conduct the review prescribed by division (B)(1) of this section.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested under
section 113.041 of the Revised Code or required by section 121.08,
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08,
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4768.06, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The
form that the superintendent prescribes pursuant to this division
may be in a tangible format, in an electronic format, or in both
tangible and electronic formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested under section 113.041
of the Revised Code or required by section 121.08, 173.27,
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4768.06, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any
person for whom a records check is requested under or required by
any of those sections shall obtain the fingerprint impressions at
a county sheriff's office, municipal police department, or any
other entity with the ability to make fingerprint impressions on
the standard impression sheets prescribed by the superintendent.
The office, department, or entity may charge the person a
reasonable fee for making the impressions. The standard impression
sheets the superintendent prescribes pursuant to this division may
be in a tangible format, in an electronic format, or in both
tangible and electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4768.06,
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,
5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the
Revised Code. The person making a criminal records request under
any of those sections shall pay the fee prescribed pursuant to
this division. A person making a request under section 3701.881 of
the Revised Code for a criminal records check for an applicant who
may be both responsible for the care, custody, or control of a
child and involved in providing direct care to an older adult
shall pay one fee for the request. In the case of a request under
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or
5111.032 of the Revised Code, the fee shall be paid in the manner
specified in that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15),
or (A)(16) of this section, or that indicates that a person
previously has been convicted of or pleaded guilty to any criminal
offense in this state or any other state regarding a criminal
records check of a type described in division (A)(13) of this
section, and that is made by the superintendent with respect to
information considered in a criminal records check in accordance
with this section is valid for the person who is the subject of
the criminal records check for a period of one year from the date
upon which the superintendent makes the determination. During the
period in which the determination in regard to a person is valid,
if another request under this section is made for a criminal
records check for that person, the superintendent shall provide
the information that is the basis for the superintendent's initial
determination at a lower fee than the fee prescribed for the
initial criminal records check.
(E) When the superintendent receives a request for
information from a registered private provider, the superintendent
shall proceed as if the request was received from a school
district board of education under section 3319.39 of the Revised
Code. The superintendent shall apply division (A)(7) of this
section to any such request for an applicant who is a teacher.
(F) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in section 2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
(4) "OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to section 4511.19 of the Revised
Code.
(5) "Registered private provider" means a nonpublic school or
entity registered with the superintendent of public instruction
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code
to participate in the Jon Peterson special needs scholarship
program.
Sec. 4763.01. As used in this chapter:
(A) "Real estate appraisal" or "appraisal" means an analysis,
the act or process of developing an opinion, or conclusion
relating to the nature, quality, value, or utility of specified
interests in, or aspects of identified real estate that is
classified as either a valuation or an analysis of value of real
property in conformity with the uniform standards of professional
appraisal practice.
(B) "Valuation" means an estimate of the value of real
estate.
(C) "Analysis" means a study of real estate for purposes
other than valuation.
(D) "Appraisal report" means a written communication of a
real estate appraisal, appraisal review, or appraisal consulting
service or an oral communication of a real estate appraisal,
appraisal review, or appraisal consulting service that is
documented by a writing that supports the oral communication.
(E) "Appraisal assignment" means an engagement for which a
person licensed or certified under this chapter is employed,
retained, or engaged to act, or would be perceived by third
parties or the public as acting, as a disinterested third party in
rendering an unbiased real estate appraisal.
(F) "Specialized services" means all appraisal services,
other than appraisal assignments, including, but not limited to,
valuation and analysis given in connection with activities such as
real estate brokerage, mortgage banking, real estate counseling,
and real estate tax counseling, and specialized marketing,
financing, and feasibility studies.
(G) "Real estate" has the same meaning as in section 4735.01
of the Revised Code.
(H) "Appraisal foundation" means a nonprofit corporation
incorporated under the laws of the state of Illinois on November
30, 1987, for the purposes of establishing and improving uniform
appraisal standards by defining, issuing, and promoting those
standards; establishing appropriate criteria for the certification
and recertification of qualified appraisers by defining, issuing,
and promoting the qualification criteria and disseminating the
qualification criteria to others; and developing or assisting in
development of appropriate examinations for qualified appraisers.
(I) "Prepare" means to develop and communicate, whether
through a personal physical inspection or through the act or
process of critically studying a report prepared by another who
made the physical inspection, an appraisal, analysis, or opinion,
report or specialized service and to report the results. If the
person who develops and communicates the appraisal or specialized
service report does not make the personal inspection, the name of
the person who does make the personal inspection shall be
identified on the appraisal or specialized service reported
report.
(J) "Report" means any communication, written, oral, or by
any other means of transmission of information, of a real estate
appraisal, appraisal review, appraisal consulting service, or
specialized service that is transmitted to a client or employer
upon completion of the appraisal or service.
(K) "State-certified general real estate appraiser" means any
person who satisfies the certification requirements of this
chapter relating to the appraisal of all types of real property
and who holds a current and valid certificate or renewal
certificate issued to the person pursuant to this chapter.
(L) "State-certified residential real estate appraiser" means
any person who satisfies the certification requirements only
relating to the appraisal of one to four units of single-family
residential real estate without regard to transaction value or
complexity and who holds a current and valid certificate or
renewal certificate issued to the person pursuant to this chapter.
(M) "State-licensed residential real estate appraiser" means
any person who satisfies the licensure requirements of this
chapter relating to the appraisal of noncomplex one-to-four unit
single-family residential real estate having a transaction value
of less than one million dollars and complex one-to-four unit
single-family residential real estate having a transaction value
of less than two hundred fifty thousand dollars and who holds a
current and valid license or renewal license issued to the person
pursuant to this chapter.
(N) "Certified or licensed real estate appraisal report"
means an appraisal report prepared and reported by a certificate
holder or licensee under this chapter acting within the scope of
certification or licensure and as a disinterested third party.
(O) "State-registered real estate appraiser assistant" means
any person, other than a state-certified general real estate
appraiser, state-certified residential real estate appraiser, or a
state-licensed residential real estate appraiser, who satisfies
the registration requirements of this chapter for participating in
the development and preparation of real estate appraisals and who
holds a current and valid registration or renewal registration
issued to the person pursuant to this chapter.
(P) "Institution of higher education" means a state
university or college, a private college or university located in
this state that possesses a certificate of authorization issued by
the Ohio board of regents pursuant to Chapter 1713. of the Revised
Code, or an accredited college or university located outside this
state that is accredited by an accrediting organization or
professional accrediting association recognized by the Ohio board
of regents.
(Q) "Division of real estate" may be used interchangeably
with, and for all purposes has the same meaning as, "division of
real estate and professional licensing."
(R) "Superintendent" or "superintendent of real estate" means
the superintendent of the division of real estate and professional
licensing of this state. Whenever the division or superintendent
of real estate is referred to or designated in any statute, rule,
contract, or other document, the reference or designation shall be
deemed to refer to the division or superintendent of real estate
and professional licensing, as the case may be.
(S) "Appraisal review" means the act or process of developing
and communicating an opinion about the quality of another
appraiser's work that was performed as part of an appraisal,
appraisal review, or appraisal consulting assignment. "Appraisal
review" does not include an examination of an appraisal for
grammatical or typographical errors.
(T) "Appraisal consulting" means the act or process of
developing an analysis, recommendation, or opinion to solve a
problem related to real estate.
(U) "Work file" means documentation used during the
preparation of an appraisal report or necessary to support an
appraiser's analyses, opinions, or conclusions.
Sec. 4763.02. (A) There is hereby created the real estate
appraiser board, consisting of five members appointed by the
governor, with the advice and consent of the senate. Four members
shall be persons certified or licensed under this chapter, at
least two of whom shall hold a state-certified general real estate
appraiser certificate, and one of whom shall be an owner or
controlling person of an appraisal management company licensed and
in good standing under Chapter 4768. of the Revised Code. One
member shall represent the public and shall not be engaged in the
practice of
issuing performing real estate appraisals, real estate
brokerage or sales, or have any financial interest in such
practices. At least one of the certificate holders or licensees
members shall be a real estate broker licensed pursuant to Chapter
4735. of the Revised Code whose license is in good standing. For
the purpose of appointment to an eligibility for appointment to
the board, the license of a real estate broker may be on deposit
with the division of real estate of the department of commerce. No
more than three members shall be members of the same political
party and no member of the board concurrently may be a member of
the board and the Ohio real estate commission created pursuant to
section 4735.03 of the Revised Code. Of the initial appointments
to the board, one is for a term ending June 30, 1990, two are for
terms ending June 30, 1991, and two are for terms ending June 30,
1992. Thereafter, terms of office are for three years, commencing
on the first day of July and ending on the thirtieth day of June.
Each member shall hold office from the date of his appointment
until the end of the term for which he is appointed. Prior to
entering upon the
official duties of his office, each member
shall subscribe to, and file with the secretary of state, the
constitutional oath of office. Vacancies that occur on the board
shall be filled in the manner prescribed for regular appointments
to the board. A member appointed to fill a vacancy occurring prior
to the expiration of the term for which his the member's
predecessor was appointed shall hold office for the remainder of
that term. A member shall continue in office subsequent to the
expiration date of his the member's term until his the member's
successor takes office or until sixty ninety days have elapsed,
whichever occurs first. No person shall serve as a member of the
board for more than two consecutive terms. The governor may remove
a member pursuant to section 3.04 of the Revised Code.
(B) Annually, upon the qualification of the members appointed
in that year, the board shall organize by selecting from its
members a chairman chairperson. The board shall meet at least once
each calendar quarter to conduct its business with the place of
future meetings to be decided by a vote of its members. Each
member shall be provided with written notice of the time and place
of each board meeting at least ten days prior to the scheduled
date of the meeting. A majority of the members of the board
constitutes a quorum to transact and vote on all business coming
before the board.
(C) Each member of the board shall receive an amount fixed
pursuant to division (J) of section 124.15 of the Revised Code for
each day employed in the discharge of his official duties, and his
the member's actual and necessary expenses incurred in the
discharge of those duties.
(D) The board is part of the department of commerce for
administrative purposes.
Sec. 4763.05. (A)(1)(a) A person shall make application for
an initial state-certified general real estate appraiser
certificate, an initial state-certified residential real estate
appraiser certificate, an initial state-licensed residential real
estate appraiser license, or an initial state-registered real
estate appraiser assistant registration in writing to the
superintendent of real estate on a form the superintendent
prescribes. The application shall include the address of the
applicant's principal place of business and all other addresses at
which the applicant currently engages in the business of preparing
performing real estate appraisals and the address of the
applicant's current residence. The superintendent shall retain the
applicant's current residence address in a separate record which
shall not constitute a public record for purposes of section
149.03 149.43 of the Revised Code. The application shall indicate
whether the applicant seeks certification as a general real estate
appraiser or as a residential real estate appraiser, licensure as
a residential real estate appraiser, or registration as a real
estate appraiser assistant and be accompanied by the prescribed
examination and certification, registration, or licensure fees set
forth in section 4763.09 of the Revised Code. The application also
shall include a pledge, signed by the applicant, that the
applicant will comply with the standards set forth in this
chapter; and a statement that the applicant understands the types
of misconduct for which disciplinary proceedings may be initiated
against the applicant pursuant to this chapter.
(b) Upon the filing of an application and payment of any
examination and certification, registration, or licensure fees,
the superintendent of real estate shall request the superintendent
of the bureau of criminal identification and investigation, or a
vendor approved by the bureau, to conduct a criminal records check
based on the applicant's fingerprints in accordance with division
(A)(11)(12) of section 109.572 of the Revised Code.
Notwithstanding division (K) of section 121.08 of the Revised
Code, the superintendent of real estate shall request that
criminal record information from the federal bureau of
investigation be obtained as part of the criminal records check.
Any fee required under division (C)(3) of section 109.572 of the
Revised Code shall be paid by the applicant.
(2) For purposes of providing funding for the real estate
appraiser recovery fund established by section 4763.16 of the
Revised Code, the real estate appraiser board shall levy an
assessment against each person issued an initial certificate,
registration, or license and against current licensees,
registrants, and certificate holders, as required by board rule.
The assessment is in addition to the application and examination
fees for initial applicants required by division (A)(1) of this
section and the renewal fees required for current certificate
holders, registrants, and licensees. The superintendent of real
estate shall deposit the assessment into the state treasury to the
credit of the real estate appraiser recovery fund. The assessment
for initial certificate holders, registrants, and licensees shall
be paid prior to the issuance of a certificate, registration, or
license, and for current certificate holders, registrants, and
licensees, at the time of renewal.
(B) An applicant for an initial general real estate appraiser
certificate, residential real estate appraiser certificate, or
residential real estate appraiser license shall possess experience
in real estate appraisal as the board prescribes by rule. In
addition to any other information required by the board, the
applicant shall furnish, under oath, a detailed listing of the
appraisal reports or file memoranda for each year for which
experience is claimed and, upon request of the superintendent or
the board, shall make available for examination a sample of the
appraisal reports prepared by the applicant in the course of the
applicant's practice.
(C) An applicant for an initial certificate, registration, or
license shall be at least eighteen years of age, honest, truthful,
and of good reputation and shall present satisfactory evidence to
the superintendent that the applicant has successfully completed
any education requirements the board prescribes by rule.
(D) An applicant for an initial general real estate appraiser
or residential real estate appraiser certificate or residential
real estate appraiser license shall take and successfully complete
a written examination in order to qualify for the certificate or
license.
The board shall prescribe the examination requirements by
rule.
(E)(1) A nonresident, natural person of this state who has
complied with this section may obtain a certificate, registration,
or license. The board shall adopt rules relating to the
certification, registration, and licensure of a nonresident
applicant whose state of residence the board determines to have
certification, registration, or licensure requirements that are
substantially similar to those set forth in this chapter and the
rules adopted thereunder.
(2) The board shall recognize on a temporary basis a
certification or license issued in another state and shall
register on a temporary basis an appraiser who is certified or
licensed in another state if all of the following apply:
(a) The temporary registration is to perform an appraisal
assignment that is part of a federally related transaction.
(b) The appraiser's business in this state is of a temporary
nature.
(c) The appraiser registers with the board pursuant to this
division.
An appraiser who is certified or licensed in another state
shall register with the board for temporary practice before
performing an appraisal assignment in this state in connection
with a federally related transaction.
The board shall adopt rules relating to registration for the
temporary recognition of certification and licensure of appraisers
from another state. The registration for temporary recognition of
certified or licensed appraisers from another state shall not
authorize completion of more than one appraisal assignment in this
state. The board shall not issue more than two registrations for
temporary practice to any one applicant in any calendar year.
(3) In addition to any other information required to be
submitted with the nonresident applicant's or appraiser's
application for a certificate, registration, license, or temporary
recognition of a certificate or license, each nonresident
applicant or appraiser shall submit a statement consenting to the
service of process upon the nonresident applicant or appraiser by
means of delivering that process to the secretary of state if, in
an action against the applicant, certificate holder, registrant,
or licensee arising from the applicant's, certificate holder's,
registrant's, or licensee's activities as a certificate holder,
registrant, or licensee, the plaintiff, in the exercise of due
diligence, cannot effect personal service upon the applicant,
certificate holder, registrant, or licensee.
(F) The superintendent shall not issue a certificate,
registration, or license to, or recognize on a temporary basis an
appraiser from another state that is a corporation, partnership,
or association. This prohibition shall not be construed to prevent
a certificate holder or licensee from signing an appraisal report
on behalf of a corporation, partnership, or association.
(G) Every person licensed, registered, or certified under
this chapter shall notify the superintendent, on a form provided
by the superintendent, of a change in the address of the
licensee's, registrant's, or certificate holder's principal place
of business or residence within thirty days of the change. If a
licensee's, registrant's, or certificate holder's license,
registration, or certificate is revoked or not renewed, the
licensee, registrant, or certificate holder immediately shall
return the annual and any renewal certificate, registration, or
license to the superintendent.
(H)(1) The superintendent shall not issue a certificate,
registration, or license to any person, or recognize on a
temporary basis an appraiser from another state, who does not meet
applicable minimum criteria for state certification, registration,
or licensure prescribed by federal law or rule.
(2) The superintendent shall not issue a general real estate
appraiser certificate, residential real estate appraiser
certificate, residential real estate appraiser license, or real
estate appraiser assistant registration to any person who has been
convicted of or pleaded guilty to any criminal offense involving
theft, receiving stolen property, embezzlement, forgery, fraud,
passing bad checks, money laundering, or drug trafficking, or any
criminal offense involving money or securities, including a
violation of an existing or former law of this state, any other
state, or the United States that substantially is equivalent to
such an offense. However, if the applicant has pleaded guilty to
or been convicted of such an offense, the superintendent shall not
consider the offense if the applicant has proven to the
superintendent, by a preponderance of the evidence, that the
applicant's activities and employment record since the conviction
show that the applicant is honest, truthful, and of good
reputation, and there is no basis in fact for believing that the
applicant will commit such an offense again.
Sec. 4763.08. On and after December 22, 1992, each
certificate, registration, and license issued under this chapter,
other than a temporary certificate or license issued under
division (E)(2) of section 4763.05 of the Revised Code, is valid
for a period of one year from its date of issuance. The
superintendent of real estate shall provide renewal notices to
certificate holders, registrants, and licensees no later than
thirty days prior to the expiration of the certificate,
registration, or license. The superintendent shall issue to each
person initially certified, registered, or licensed under this
chapter a certificate, registration, or license in the form and
size the superintendent prescribes. The initial certificate,
registration, and license shall indicate the name of the
certificate holder, registrant, or licensee, bear the signatures
of the members of the real estate appraiser board, be issued under
the seal prescribed in section 121.20 of the Revised Code, and
contain a certificate, registration, or license number assigned by
the superintendent. The superintendent shall issue to each person
who renews a certificate, registration, or license a renewal
certificate, registration, or license in the size and form the
superintendent prescribes. The renewal certificate, registration,
or license shall contain the name and principal address of the
certificate holder, registrant, or licensee and the expiration and
number of the certificate, registration, or license. Each
certificate holder and licensee shall place the certificate
holder's or licensee's certificate or license number adjacent to
the title "state-licensed residential real estate appraiser,"
"state-certified residential real estate appraiser," or
"state-certified general real estate appraiser," when issuing an
appraisal report or in a contract or other instrument used in
conducting real estate appraisal activities as required by section
4763.12 of the Revised Code. If a state-registered real estate
appraiser assistant participated in the
development of an
appraisal or specialized service report, the certificate holder or
licensee shall also place the registrant's name, registration
number, and the title "state-registered real estate appraiser
assistant" on the appraisal or report.
Sec. 4763.11. (A) Within ten business days after a person
files a written complaint against a person certified, registered,
or licensed under this chapter with the division of real estate,
the superintendent of real estate shall acknowledge receipt of the
complaint by sending notice to the certificate holder, registrant,
or licensee that includes a copy of the complaint. The
acknowledgement to the complainant and the notice to the
certificate holder, registrant, or licensee may state that an
informal mediation meeting will be held with the complainant, the
certificate holder, registrant, or licensee, and an investigator
from the investigation and audit section of the division, if the
complainant and certificate holder, registrant, or licensee both
file a request for such a meeting within twenty calendar days
after the acknowledgment and notice are mailed.
(B) If the complainant and certificate holder, registrant, or
licensee both file with the division requests for an informal
mediation meeting, the superintendent shall notify the complainant
and certificate holder, registrant, or licensee of the date of the
meeting, by regular mail. If the complainant and certificate
holder, registrant, or licensee reach an accommodation at an
informal mediation meeting, the investigator shall report the
accommodation to the superintendent, the complainant, and the
certificate holder, registrant, or licensee and the complaint file
shall be closed upon the superintendent receiving satisfactory
notice that the accommodation has been fulfilled.
(C) If the complainant and certificate holder, registrant, or
licensee fail to agree to an informal mediation meeting or fail to
reach an accommodation agreement, or fail to fulfill an
accommodation agreement, the superintendent shall assign the
complaint to an investigator for an investigation into the conduct
of the certificate holder, registrant, or licensee against whom
the complaint is filed.
(D) Upon the conclusion of the investigation, the
investigator shall file a written report of the results of the
investigation with the superintendent. The superintendent shall
review the report and determine whether there exists reasonable
and substantial evidence of a violation of division (G) of this
section by the certificate holder, registrant, or licensee. If the
superintendent finds such evidence exists, the superintendent
shall notify the complainant and certificate holder, registrant,
or licensee of the determination. The certificate holder,
registrant, or licensee may request a hearing pursuant to Chapter
119. of the Revised Code. If a formal hearing is conducted, the
hearing examiner shall file a report of findings of fact and
conclusions of law with the superintendent, the board, the
complainant and the certificate holder, licensee, or registrant
after the conclusion of the formal hearing. Within ten calendar
days of receipt of the copy of the hearing examiner's finding of
fact and conclusions of law, the certificate holder, licensee, or
registrant or the division may file with the board written
objections to the hearing examiner's report, which shall be
considered by the board before approving, modifying, or rejecting
the hearing examiner's report. If the superintendent finds that
such evidence does not exist, the superintendent shall notify the
complainant and certificate holder, registrant, or licensee of
that determination and the basis for the determination. Within
fifteen business days after the superintendent notifies the
complainant and certificate holder, registrant, or licensee that
such evidence does not exist, the complainant may file with the
division a request that the real estate appraiser board review the
determination. If the complainant files such request, the board
shall review the determination at the next regularly scheduled
meeting held at least fifteen business days after the request is
filed but no longer than six months after the request is filed.
The board may hear the testimony of the complainant, certificate
holder, registrant, or licensee at the meeting upon the request of
that party. If the board affirms the determination of the
superintendent, the superintendent shall notify the complainant
and the certificate holder, registrant, or licensee within five
business days thereafter. If the board reverses the determination
of the superintendent, a hearing before a hearing examiner shall
be held and the complainant and certificate holder, registrant, or
licensee notified as provided in this division.
(E) The board shall review the referee's or hearing
examiner's report and the evidence at the next regularly scheduled
board meeting held at least fifteen business days after receipt of
the referee's or examiner's report. The board may hear the
testimony of the complainant, certificate holder, registrant, or
licensee upon request. If the complainant is the Ohio civil rights
commission, the board shall review the complaint.
(F) If the board determines that a licensee, registrant, or
certificate holder has violated this chapter for which
disciplinary action may be taken under division (G) of this
section, after review of the referee's or examiner's report and
the evidence as provided in division (E) of this section, the
board shall order the disciplinary action the board considers
appropriate, which may include, but is not limited to, any of the
following:
(1) Reprimand of the certificate holder, registrant, or
licensee;
(2) Imposition of a fine, not exceeding, two thousand five
hundred dollars per violation;
(3) Requirement of the completion of additional education
courses. Any course work imposed pursuant to this section shall
not count toward continuing education requirements or prelicense
or precertification requirements set forth in section 4763.05 of
the Revised Code.
(4) Suspension of the certificate, registration, or license
for a specific period of time;
(5) Revocation of the certificate, registration, or license.
The decision and order of the board is final, subject to
review in the manner provided for in Chapter 119. of the Revised
Code and appeal to any court of common pleas.
(G) The board shall take any disciplinary action authorized
by this section against a certificate holder, registrant, or
licensee who is found to have committed any of the following acts,
omissions, or violations during the appraiser's certification,
registration, or licensure:
(1) Procuring or attempting to procure a certificate,
registration, or license pursuant to this chapter by knowingly
making a false statement, submitting false information, refusing
to provide complete information in response to a question in an
application for certification, registration, or licensure, or by
any means of fraud or misrepresentation;
(2) Paying, or attempting to pay, anything of value, other
than the fees or assessments required by this chapter, to any
member or employee of the board for the purpose of procuring a
certificate, registration, or license;
(3) Being convicted in a criminal proceeding for a felony or
a crime involving moral turpitude;
(4) Dishonesty, fraud, or misrepresentation, with the intent
to either benefit the certificate holder, registrant, or licensee
or another person or injure another person;
(5) Violation of any of the standards for the development,
preparation, communication, or reporting of an appraisal report
set forth in this chapter and rules of the board;
(6) Failure or refusal to exercise reasonable diligence in
developing, preparing, or communicating an appraisal report;
(7) Negligence or incompetence in developing, preparing,
communicating, or reporting an appraisal report;
(8) Violating or willfully disregarding this chapter or the
rules adopted thereunder;
(9) Accepting an appraisal assignment where the employment is
contingent upon the appraiser preparing or reporting a
predetermined estimate, analysis, or opinion, or where the fee to
be paid for the appraisal is contingent upon the opinion,
conclusion, or valuation attained or upon the consequences
resulting from the appraisal assignment;
(10) Violating the confidential nature of governmental
records to which the certificate holder, registrant, or licensee
gained access through employment or engagement as an appraiser by
a governmental agency;
(11) Entry of final judgment against the certificate holder,
registrant, or licensee on the grounds of fraud, deceit,
misrepresentation, or gross negligence in the making of performing
any appraisal of real estate;
(12) Violating any federal or state civil rights law;
(13) Having published advertising, whether printed, radio,
display, or of any other nature, which was misleading or
inaccurate in any material particular, or in any way having
misrepresented any appraisal or specialized service;
(14) Failing to provide copies of records to the
superintendent or failing to maintain records as required by
section 4763.14 of the Revised Code. Failure of a certificate
holder, licensee, or registrant to comply with a subpoena issued
under division (C)(1) of section 4763.03 of the Revised Code is
prima-facie evidence of a violation of division (G)(14) of section
4763.11 of the Revised Code.
(15) Failing to provide notice to the board as required in
division (I) of this section.
(H) The board immediately shall notify the superintendent of
real estate of any disciplinary action taken under this section
against a certificate holder, registrant, or licensee who also is
licensed under Chapter 4735. of the Revised Code, and also shall
notify any other federal, state, or local agency and any other
public or private association that the board determines is
responsible for licensing or otherwise regulating the professional
or business activity of the appraiser. Additionally, the board
shall notify the complainant and any other party who may have
suffered financial loss because of the certificate holder's,
registrant's, or licensee's violations, that the complainant or
other party may sue for recovery under section 4763.16 of the
Revised Code. The notice provided under this division shall
specify the conduct for which the certificate holder, registrant,
or licensee was disciplined and the disciplinary action taken by
the board and the result of that conduct.
(I) A certificate holder, registrant, or licensee shall
notify the board within fifteen days of the agency's issuance of
an order revoking or permanently surrendering any professional
license, certificate, or registration by any public entity other
than the division of real estate. A certificate holder,
registrant, or licensee who is convicted of a felony or crime of
moral turpitude as described in division (G)(3) of this section
shall notify the board of the conviction within fifteen days of
the conviction.
(J) If the board determines that a certificate holder,
registrant, or licensee has violated this chapter for which
disciplinary action may be taken under division (G) of this
section as a result of an investigation conducted by the
superintendent upon the superintendent's own motion or upon the
request of the board, the superintendent shall notify the
certificate holder, registrant, or licensee of the certificate
holder's, registrant's, or licensee's right to a hearing pursuant
to Chapter 119. of the Revised Code and to an appeal of a final
determination of such administrative proceedings to any court of
common pleas.
(K) All notices, written reports, and determinations issued
pursuant to this section shall be mailed via certified mail,
return receipt requested. If the certified notice is returned
because of failure of delivery or was unclaimed, the notice,
written reports, or determinations are deemed served if the
superintendent sends the notice, written reports, or determination
via regular mail and obtains a certificate of mailing of the
notice, written reports, or determination. Refusal of delivery by
personal service or by mail is not failure of delivery and service
is deemed to be complete.
Sec. 4763.12. (A) A person licensed or certified under this
chapter may be retained or employed to act as a disinterested
third party in rendering an unbiased valuation or analysis of real
estate or to provide specialized services to facilitate the client
or employer's objectives. An appraisal or appraisal report
rendered by a certificate holder or licensee shall comply with
this chapter. A certified appraisal or certified appraisal report
represents to the public that it satisfies the standards set forth
in this chapter.
(B) No certificate holder or licensee shall accept a fee for
an appraisal assignment that is contingent, in whole or in part,
upon the reporting of a predetermined estimate, analysis, or
opinion or upon the opinion, conclusion, or valuation reached, or
upon consequences resulting from the appraisal assignment. A
certificate holder or licensee who enters into an agreement to
provide specialized services may charge a fixed fee or a fee that
is contingent upon the results achieved by the specialized
services, provided that this fact is clearly stated in each oral
report rendered pursuant to the agreement, and the existence of
the contingent fee arrangement is clearly stated in a prominent
place on each written report and in each letter of transmittal and
certification statement made by the certificate holder or licensee
within that report.
(C) Every written report rendered by a certificate holder or
licensee in conjunction with an appraisal assignment or
specialized service performed shall include the following
information:
(1) The name of the certificate holder or licensee;
(2) The class of certification or licensure held by and the
certification or licensure number of the certificate holder or
licensee;
(3) Whether the appraisal or specialized service is performed
within the scope of the certificate holder's or licensee's
certification or licensure;
(4) Whether the appraisal or specialized service is provided
by a certificate holder or licensee as a disinterested and
unbiased third party or as a person on an interested and biased
basis or as an interested third party on a contingent fee basis;
(5) The signature of the person preparing performing and
reporting the appraisal or specialized service;
(6) The license, certificate, or registration number of the
appraisal management company that has engaged the appraiser for
the assignment within the body of the appraisal report;
(7) The actual fees paid to the appraiser within the body of
the appraisal report.
If the certificate holder or licensee provides an oral real
estate appraisal report or specialized service, the certificate
holder or licensee shall send, within seven days of providing the
oral report, a form to the client containing the appropriate
information specified in this division and the rules adopted
pursuant to this division.
(D) Nothing in this chapter shall be construed as requiring a
certificate holder or licensee to provide a client with a copy of
any writing prepared in support of an oral appraisal report except
as provided in division (C) of this section or as agreed to
between the certificate holder or licensee and the certificate
holder's or licensee's client.
(E) No person, directly or indirectly, shall knowingly
compensate, instruct, induce, coerce, or intimidate, or attempt to
compensate, instruct, induce, coerce, or intimidate, a certificate
holder or licensee for the purpose of corrupting or improperly
influencing the independent judgment of the certificate holder or
licensee with respect to the value of the dwelling offered as
security for repayment of a mortgage loan.
Sec. 4763.13. (A) In engaging in appraisal activities, a
person certified, registered, or licensed under this chapter shall
comply with the applicable standards prescribed by the board of
governors of the federal reserve system, the federal deposit
insurance corporation, the comptroller of the currency, the office
of thrift supervision, the national credit union administration,
and the resolution trust corporation in connection with federally
related transactions under the jurisdiction of the applicable
agency or instrumentality. A certificate holder, registrant, and
licensee also shall comply with the uniform standards of
professional appraisal practice, as adopted by the appraisal
standards board of the appraisal foundation and such other
standards adopted by the real estate appraiser board, to the
extent that those standards do not conflict with applicable
federal standards in connection with a particular federally
related transaction.
(B) The terms "state-licensed residential real estate
appraiser," "state-certified residential real estate appraiser,"
"state-certified general real estate appraiser," and
"state-registered real estate appraiser assistant" shall be used
to refer only to those persons who have been issued the applicable
certificate, registration, or license or renewal certificate,
registration, or license pursuant to this chapter. None of these
terms shall be used following or in connection with the name or
signature of a partnership, corporation, or association or in a
manner that could be interpreted as referring to a person other
than the person to whom the certificate, registration, or license
has been issued. No person shall fail to comply with this
division.
(C) No person, other than a certificate holder, a registrant,
or a licensee, shall assume or use a title, designation, or
abbreviation that is likely to create the impression that the
person possesses certification, registration, or licensure under
this chapter, provided that professional designations containing
the term "certified appraiser" and being used on or before July
26, 1989, shall not be construed as being misleading under this
division. No person other than a person certified or licensed
under this chapter shall describe or refer to an appraisal or
other evaluation of real estate located in this state as being
certified.
(D) The terms "state-certified or state-licensed real estate
appraisal report," "state-certified or state-licensed appraisal
report," or "state-certified or state-licensed appraisal" shall be
used to refer only to those real estate appraisals conducted by a
certificate holder or licensee as a disinterested and unbiased
third party provided that the certificate holder or licensee
provides certification with the appraisal report and provided
further that if a licensee is providing the appraisal, such terms
shall only be used if the licensee is acting within the scope of
the licensee's license. No person shall fail to comply with this
division.
(E) Nothing in this chapter shall preclude a partnership,
corporation, or association which employs, retains, or engages the
services of a certificate holder or licensee to advertise that the
partnership, corporation, or association offers state-certified or
state-licensed appraisals through a certificate holder or licensee
if the advertisement clearly states such fact in accordance with
guidelines for such advertisements established by rule of the real
estate appraiser board.
(F) Except as otherwise provided in section 4763.19 of the
Revised Code, nothing in this chapter shall preclude a person who
is not licensed or certified under this chapter from appraising
real estate for compensation.
Sec. 4763.14. A person licensed, registered, or certified
under this chapter shall retain for a period of five years the
original or a true copy of each written contract for the person's
services relating to real estate appraisal work, all appraisal
reports, and all work file documentation and data assembled in
preparing those reports. The retention period begins on the date
the appraisal report is submitted to the client unless, prior to
expiration of the retention period, the certificate holder,
registrant, or licensee is notified that the appraisal or report
is the subject of or is otherwise involved in pending litigation,
in which case the retention period begins on the date of final
disposition of the litigation.
A certificate holder, registrant, and a licensee shall make
available all records required to be maintained under this section
for inspection and copying by the superintendent of real estate or
the real estate appraiser board, or both, upon reasonable notice
to the certificate holder, registrant, or licensee.
Sec. 4763.15. Except for moneys required to be transferred
into the real estate appraiser recovery fund pursuant to section
4763.16 of the Revised Code or as required pursuant to this
section, the superintendent of real estate may deposit all fees
collected under this chapter into the state treasury to the credit
of the real estate appraiser operating fund, which is hereby
created. All operating expenses of the real estate appraiser board
and the superintendent of real estate relating to the
administration and enforcement of this chapter and Chapter 4768.
of the Revised Code shall be paid from this fund. The fund shall
be assessed a proportionate share of the administrative cost of
the department of commerce in accordance with procedures
prescribed by the director of commerce and approved by the
director of budget and management and the assessment shall be paid
from the operating fund to the division of administration fund.
If, in any biennium, the director of commerce determines that
moneys in the operating fund exceed those necessary to fund the
activities of the board and of the superintendent of real estate
that relate to this chapter and Chapter 4768. of the Revised Code,
he the director may pay the excess funds to the real estate
appraiser recovery fund.
Sec. 4763.17. Every partnership, corporation, or association
which employs, retains, or engages the services of a person
licensed, registered, or certified under this chapter, whether the
certificate holder, registrant, or licensee is an independent
contractor or under the supervision or control of the partnership,
corporation, or association, is jointly and severally liable for
any damages incurred by any person as a result of an act or
omission concerning a state-certified or state-licensed real
estate appraisal report prepared or facilitated in the preparation
by a certificate holder, registrant, or licensee while employed,
retained, or engaged by the partnership, corporation, or
association.
Sec. 4763.19. (A) Subject to division (B) of this section,
no person shall perform a real estate appraisal for a mortgage
loan, or prepare an appraisal report for such an appraisal, if the
person is not licensed or certified under this chapter to do the
appraisal.
(B) Division (A) of this section does not apply to a either
of the following persons:
(1) A lender using a, or any person working on behalf of a
lender, that is performing a valuation for purposes of validating
or supporting an appraisal report that is provided by a person
licensed or certified under this chapter, when the lender or the
person working on behalf of the lender uses any of the following
items:
(a) A market analysis or price opinion, an;
(b) An internal valuation analysis, or an;
(c) An automated valuation model, or report based on an
automated valuation model, and any that is validated by an
appraiser who is licensed or certified under this chapter.
(2) Any person providing that the report described in
division (B)(1)(c) of this section to the lender, in performing a
valuation for purposes of a loan application, as long as the
lender does both of the following
(1) Gives the consumer loan applicant a copy of any written
market analysis or price opinion or valuation report based on an
automated valuation model;
(2) Includes a disclaimer on the consumer's copy specifying
that the valuation used for purposes of the application was
obtained from a market analysis or price opinion or automated
valuation model report and not from a person licensed or certified
under this chapter.
Sec. 4768.01. As used in this chapter:
(A) "Real estate appraisal" or "appraisal" means the act or
process of developing an opinion of value of real property in
conformity with the uniform standards of professional appraisal
practice.
(B) "Appraisal consulting" means the act or process of
developing an analysis, recommendation, or opinion to solve a
problem related to real estate.
(C) "Appraisal management company" means any person who,
directly or indirectly, performs appraisal management services,
regardless of the use of the term "appraisal management company,"
"lender processing services," "lender services," "loan processor,"
"mortgage services," "mortgage technology provider," "real estate
closing services provider," "settlement services provider,"
"vendor management company," or any other term.
(D) "Appraisal management services" means any of the
following when done on behalf of a lender, financial institution,
client, or any other person:
(1) Administering an appraiser panel;
(2) Recruiting, qualifying, verifying licensure or
certification, and negotiating fees and service level expectations
with persons who are part of an appraiser panel;
(3) Receiving an order for an appraisal from one person and
delivering that order to an appraiser who is part of an appraiser
panel for completion;
(4) Tracking and determining the status of orders for
appraisals;
(5) Conducting quality control of a completed appraisal prior
to the delivery of the appraisal to the person that ordered the
appraisal;
(6) Providing a completed appraisal performed by an appraiser
to one or more persons that have ordered an appraisal.
(E) "Appraisal review" means the act or process of developing
and communicating an opinion about the quality of another
appraiser's work that was performed as part of an appraisal,
appraisal review, or appraisal consulting assignment. "Appraisal
review" does not include an examination of an appraisal for
grammatical or typographical errors.
(F) "Appraiser" means a person licensed or certified under
Chapter 4763. of the Revised Code.
(G) "Appraiser panel" means a network of appraisers who are
independent contractors to the appraisal management company and
who have been approved by the appraisal management company, after
responding to an invitation or request from the appraisal
management company, to perform appraisals for any client of the
appraisal management company or for the appraisal management
company directly, on a periodic basis, as assigned by the
appraisal management company.
(H) "Appraisal company" means an entity that employs
appraisers, but is not an appraisal management company, and is
regulated by the Ohio department of commerce.
(I) "Client" means any person that contracts with, or
otherwise enters into an agreement with, an appraisal management
company for residential or commercial real estate appraisal
services.
(J) "Controlling person" means any of the following:
(1) An owner, officer, or director of a business entity
seeking to offer appraisal management services in this state;
(2) An individual employed, appointed, or authorized by an
appraisal management company, who has the authority to enter into
contractual relationships with clients for the performance of
appraisal management services and the authority to enter into
agreements with appraisers for the performance of residential or
commercial real estate appraisal services;
(3) An individual who possesses, directly or indirectly, the
power to direct or cause the direction of the management or
policies of an appraisal management company.
(K) "Person" means an individual, corporation, partnership,
sole proprietorship, subsidiary, unit, or other business entity.
(L) "Real estate" has the same meaning as in section 4735.01
of the Revised Code.
(M) "Real estate appraisal services" means a real estate
appraisal, appraisal review, or appraisal consulting service.
Sec. 4768.02. (A)(1) No person shall do any of the following
without first obtaining a license under this chapter:
(a) Directly or indirectly engage or attempt to engage in
business as an appraisal management company;
(b) Directly or indirectly engage in or attempt to perform
appraisal management services;
(c) Advertise or hold itself out as engaging in or conducting
business as an appraisal management company.
(2) A person that violates division (A)(1) of this section
may be subject to sanctions under section 4768.14 of the Revised
Code.
(B) This chapter shall not apply to any of the following:
(1) Lending institutions that have "in-house" appraisal
offices, business units, or departments;
(2) An appraisal management company that is a subsidiary
owned and controlled by a financial institution regulated by a
federal financial institution regulatory agency;
(3) An appraisal management company that orders not more than
ten appraisals in this state within one calendar year;
(4) An appraisal company.
Sec. 4768.03. The real estate appraiser board shall do all
of the following:
(A) Adopt rules, in accordance with Chapter 119. of the
Revised Code, in furtherance of this chapter, including rules that
establish all of the following:
(1) Procedures for criminal records checks that are required
under section 4768.06 of the Revised Code, in accordance with
division (K) of section 121.08 and division (C) of section 4768.06
of the Revised Code;
(2) The following nonrefundable fees:
(a) The initial appraisal management company license fee,
which shall not exceed two thousand dollars;
(b) The annual renewal fee, which shall not exceed two
thousand dollars;
(c) The late filing fee, which shall not exceed one thousand
dollars, for the renewal of a license under division (C) of
section 4768.07 of the Revised Code.
(3) Requirements for settlement agreements that the
superintendent of real estate and professional licensing and an
appraisal management company or other person may enter into under
division (H) of section 4768.13 or division (C) of section 4768.14
of the Revised Code;
(4) Presumptions of compliance with regard to the customary
and reasonable fees required under division (B) of section 4768.12
of the Revised Code. In adopting rules under division (A)(4) of
this section, the board shall consider presumptions of compliance
promulgated for the same purpose under the federal "Truth in
Lending Act," 82 Stat. 146, 15 U.S.C. 1631 et seq.
(B) Determine the appropriate disciplinary actions to be
taken against a person, including a licensee, under section
4768.13 of the Revised Code;
(C) Hear appeals, pursuant to Chapter 119. of the Revised
Code, from decisions and orders that the superintendent issues
pursuant to this chapter;
(D) Request that the superintendent initiate an investigation
of a violation of this chapter or the rules adopted under it, as
the board determines appropriate.
Sec. 4768.04. (A) The superintendent of real estate and
professional licensing shall do all of the following:
(1) Prescribe the form and content of all applications
required by this chapter;
(2) Receive applications for licenses and renewal thereof
under this chapter and establish the procedures for processing,
approving, and disapproving those applications;
(3) Retain records and all application materials submitted to
the superintendent;
(4) Issue licenses and maintain a register of the names and
addresses of all appraisal management companies issued a license
under this chapter;
(5) Perform any other functions and duties, including the
employment of staff, necessary to administer this chapter;
(6) Administer this chapter;
(7) Issue all orders necessary to implement this chapter;
(8) Investigate complaints, upon the motion of the
superintendent of real estate and professional licensing or upon
receipt of a complaint, or at the request of the real estate
appraiser board, concerning any violation of this chapter or the
rules adopted pursuant thereto or the conduct of any person
holding a license issued pursuant to this chapter;
(9) Establish and maintain an investigation and audit section
to investigate complaints and conduct inspections, audits, and
other inquiries as, in the judgment of the superintendent of real
estate and professional licensing, are appropriate to enforce this
chapter. The investigators and auditors may review and audit the
business records of licensees during normal business hours. The
superintendent of real estate and professional licensing may
utilize the investigators and auditors who are employed by the
division of real estate and professional licensing for other
related purposes.
(10) Appoint a hearing examiner for any proceeding under
section 4768.13 or 4768.14 of the Revised Code;
(11) Make and transmit any reports, and collect and transmit
any fees, that are required under section 1109(a) of the
"Financial Institutions, Reform, Recovery, and Enforcement Act,"
as amended, 12 U.S.C. 3338(a).
(B) The superintendent of real estate and professional
licensing may do any of the following:
(1) In connection with investigations and audits under
division (A)(8) of this section, subpoena witnesses as provided in
section 4768.05 of the Revised Code;
(2) Apply to the appropriate court to enjoin any violation of
this chapter. Upon a showing by the superintendent of real estate
and professional licensing that any person has violated or is
about to violate this chapter, the court shall grant an
injunction, restraining order, or other appropriate relief, or any
combination thereof;
(3) In conjunction with the enforcement of this chapter, when
the superintendent of real estate and professional licensing has
reasonable cause to believe that a licensee has committed a
criminal offense, the superintendent of real estate and
professional licensing may request the superintendent of the
bureau of criminal identification and investigation to conduct a
criminal records check of the licensee. The superintendent of the
bureau of criminal identification and investigation shall obtain
information from the federal bureau of investigation as part of
the criminal records check of the licensee. The superintendent of
real estate and professional licensing may assess the licensee a
fee equal to the fee assessed for the criminal records check.
(C)(1) The following information and documents are
confidential and not public records under section 149.43 of the
Revised Code:
(a) All information that is obtained by investigators and
auditors performing investigations or conducting inspections,
audits, and other inquiries pursuant to divisions (A)(8) and (9)
of this section;
(b) All reports, documents, and other work products that
arise from the information described in division (C)(1)(a) of this
section and that are prepared by the investigators, auditors, or
other personnel of the department of commerce.
(2) The superintendent of real estate and professional
licensing, the investigators and auditors, and other personnel of
the department shall hold in confidence the information, reports,
documents, and other work products described in division (C)(1) of
this section.
(3) Divisions (C)(1) and (2) of this section do not prevent
the division from releasing information relating to licensees to
the superintendent of financial institutions for purposes relating
to the administration of sections 1322.01 to 1322.12 of the
Revised Code, to the superintendent of insurance for purposes
relating to the administration of Chapter 3953. of the Revised
Code, to the attorney general, or to local law enforcement
agencies and local prosecutors. Information released by the
division pursuant to division (C)(3) of this section remains
confidential.
Sec. 4768.05. The real estate appraiser board or the
superintendent of real estate and professional licensing may
compel, by order or subpoena, the attendance of witnesses to
testify in relation to any matter over which the board or the
superintendent has jurisdiction and that is the subject of the
inquiry and investigation by the board or superintendent and may
require the production of any book, paper, or document pertaining
to such matter. For such purpose, the board or the superintendent
has the same power as judges of county courts to administer oaths,
compel the attendance of witnesses, and punish witnesses for
refusal to testify. Service of the subpoena may be made by
sheriffs or by certified mail, return receipt requested, and the
subpoena shall be deemed served on the date delivery is made or
the date the person refuses to accept delivery. Sheriffs or
constables shall return such process and shall receive the same
fees for doing so as are allowed for like service if service of
the subpoena is made by sheriffs or constables. Witnesses shall
receive, after their appearance before the board or the
superintendent, the fees and mileage provided for under section
119.094 of the Revised Code. If two or more witnesses travel
together in the same vehicle, the mileage fee shall be paid to
only one of those witnesses, but the witnesses may agree to divide
the fee amongst themselves in any manner.
If any person fails to file any statement or report, obey any
subpoena, give testimony, answer questions, or produce books,
records, or papers as required by the board or the superintendent
under this chapter, the board or the superintendent may apply to
the court of common pleas of any county in the state setting forth
the failure. Upon receiving such an application, the court may
make an order awarding process of subpoena or subpoena duces tecum
for the person to appear and testify before the board or the
superintendent; order any person to give testimony and answer
questions; and order any person to produce books, records, or
papers, as required by the board or the superintendent. Upon the
filing of such an order in the office of the clerk of the court of
common pleas, the clerk, under the seal of the court, shall issue
process or subpoena each day until the examination of the person
is completed. The subpoena may contain a direction that the
witness bring to the examination any books, records, or papers
described in the subpoena. The clerk also shall issue, under the
seal of the court, such other orders, in reference to the
examination, appearance, and production of books, records, or
papers, as the court directs. If any person summoned by subpoena
fails to obey the subpoena, to give testimony, to answer questions
as required, or to obey an order of the court, the court, on
motion supported by proof, may order an attachment for contempt to
be issued against the person charged with disobedience of the
order. If the person is brought before the court by virtue of the
attachment, and if upon a hearing the disobedience appears, the
court may order the offender to be committed and kept in close
custody.
Sec. 4768.06. (A) To obtain an appraisal management company
license, each applicant shall submit all of the following to the
superintendent of real estate and professional licensing:
(1) A completed application on a form the superintendent
provides;
(2) The name of a controlling person who will be the main
contact between the appraisal management company and the division
of real estate and professional licensing and the real estate
appraiser board;
(3) Payment of the fee established for initial licensure
under division (A)(2) of section 4768.03 of the Revised Code;
(4) A list of all owners and controlling persons of the
appraisal management company;
(5) A statement that each owner and controlling person of the
appraisal management company satisfies the requirements set forth
in divisions (B)(1) to (4) of this section;
(6) A completed consent to service of process in this state;
(7) A statement that the applicant understands the grounds
for any disciplinary action that may be initiated under this
chapter;
(8) A letter of good standing from each state in which the
appraisal management company holds an appraisal management company
license, certificate, or registration;
(9) A statement that the applicant acknowledges that a system
or process must be in place to verify that any appraiser added to
the appraisal management company's appraiser panel for the purpose
of performing real estate appraisal services in this state holds a
license or certificate under Chapter 4763. of the Revised Code and
is in good standing with this state;
(10) A statement that the applicant acknowledges that a
system or process must be in place to review the work of
appraisers who are performing real estate appraisal services for
compliance with the uniform standards of professional appraisal
practice;
(11) A statement that the applicant acknowledges that each
controlling person of the appraisal management company has
successfully completed fifteen hours of uniform standards of
professional appraisal practice and thereafter must complete seven
hours of instruction in uniform standards of professional
appraisal practice at least once every two years;
(12) A statement that the applicant acknowledges that a
system or process must be in place to disclose to its client the
actual fees paid to an appraiser for appraisal services separately
from any other fees or charges for appraisal management services;
(13) A statement that the applicant acknowledges that a
system or process must be in place to disclose the license,
certificate, or registration number of the appraisal management
company on each engagement letter used in assigning an appraisal
request for real estate appraisal assignments within the state.
(B) Each owner and controlling person of an appraisal
management company shall satisfy all of the following criteria:
(1) Be an individual who is at least eighteen years of age;
(2) Have graduated the twelfth grade or received a
certificate of high school equivalence as defined in section
4109.06 of the Revised Code;
(3) Be honest, truthful, and of good moral character;
(4) Have not had a license, certificate, or registration to
act as an appraiser that has been refused, denied, canceled,
surrendered, or revoked in this state or in any other state;
(5) Submit to a criminal records check in accordance with
this section and any rule that the superintendent adopts under
division (A)(1) of section 4768.03 of the Revised Code.
(C) Upon receiving an application under this section, the
superintendent shall request the superintendent of the bureau of
criminal identification and investigation, or a vendor approved by
the bureau, to conduct a criminal records check based on the
fingerprint impressions of each owner and controlling person of
the applicant in accordance with division (A)(15) of section
109.572 of the Revised Code. Notwithstanding division (K) of
section 121.08 of the Revised Code, the superintendent of real
estate and professional licensing shall request that the
superintendent of the bureau of criminal identification and
investigation obtain criminal record information from the federal
bureau of investigation be obtained as part of the criminal
records check. Any fee required under division (C)(3) of section
109.572 of the Revised Code shall be paid by the applicant.
(D)(1) Subject to section 4768.08 of the Revised Code and
except as provided in division (D)(2) of this section, the
superintendent shall issue a license to the applicant if the
applicant and each owner and controlling person of the applicant
satisfies the requirements of this section.
(2) The superintendent shall not issue a license to an
applicant if any owner or controlling person of the applicant has
been convicted of or pleaded guilty to a felony. However, if an
owner or controlling person of the applicant has pleaded guilty to
or been convicted of a felony, the superintendent shall not
consider the conviction or plea if the person has proven to the
superintendent, by a preponderance of the evidence, that the
person's activities and employment record since the conviction or
plea show that the person is honest, truthful, and of good moral
character, and there is no basis in fact for believing that the
person will commit a felony again.
(E) A license issued under this section shall be valid for
one year after the date of issue.
Sec. 4768.07. (A) An appraisal management company licensed
under this chapter may obtain a renewal license by filing an
annual renewal application with the superintendent of real estate
and professional licensing and paying the renewal fee established
under division (A)(2) of section 4768.03 of the Revised Code. The
renewal application shall include a statement, signed by the
licensee's controlling person, that states all of the following:
(1) The licensee has a system or process in place to verify
that any appraiser added to the appraisal management company's
appraiser panel for the purpose of performing real estate
appraiser services in this state holds a license or certificate
under Chapter 4763. of the Revised Code and is in good standing
with this state.
(2) The licensee has a system or process in place to review
the work of appraisers who are performing real estate appraisal
services for compliance with the uniform standards of professional
appraisal practice.
(3) Each controlling person of the licensee has successfully
completed an initial fifteen hours of uniform standards of
professional appraisal practice and thereafter completes seven
hours of instruction in uniform standards of professional
appraisal practice at least once every two years.
(4) The licensee has a system or process in place to disclose
to its client the actual fees paid to an appraiser for appraisal
services separately from any other fees or charges for appraisal
management services;
(5) The licensee has a system or process in place to disclose
the license, certificate, or registration number of the appraisal
management company on each engagement letter used in assigning an
appraisal request for real estate appraisal assignments within the
state;
(6) Each owner and controlling person of the licensee
continues to satisfy the requirements provided for under divisions
(B)(1) to (4) of section 4768.06 of the Revised Code.
(B) The licensee shall file the renewal application at least
thirty days, but not earlier than one hundred twenty days, prior
to expiration of the license. Subject to section 4768.08 of the
Revised Code, the superintendent shall renew the license if the
applicant has complied with division (A) of this section. Each
license renewed under this section shall expire one year after the
date of renewal.
(C) A licensee who fails to renew a license prior to its
expiration is ineligible to obtain a renewal license and shall
comply with section 4768.06 of the Revised Code to regain
licensure, except that a licensee may, within three months after
the expiration of the license, renew the license without having to
comply with section 4768.06 of the Revised Code by paying all the
renewal fees and the late filing fee established under division
(A)(2) of section 4768.03 of the Revised Code. A licensee who
applies for late renewal of the licensee's license shall not
engage in any activities permitted by the license being renewed
during the three-month period following the license's normal
expiration date until all renewal fees and the late filing fee
have been paid.
Sec. 4768.08. The superintendent of real estate and
professional licensing may refuse to issue a license to an
applicant under this chapter based upon any act or omission for
which a person, including a licensee, may be disciplined under
division (K) of section 4768.13 of the Revised Code or may refuse
to renew a license if the licensee has failed to comply with this
chapter. If the superintendent refuses to issue or renew a license
under this section, the superintendent shall notify the applicant
or the licensee of the basis for the refusal. The notice shall
comply with division (N) of section 4768.13 of the Revised Code,
and the hearing shall be conducted in accordance with Chapter 119.
of the Revised Code. An applicant or licensee may appeal the
superintendent's decision to the real estate appraiser board,
which shall provide the applicant or licensee with the opportunity
to be heard in person or by counsel, or both. The decision and
order of the board is final, subject to review in the manner
provided in Chapter 119. of the Revised Code and appeal to the
court of common pleas of Franklin county.
Sec. 4768.09. Except within the first thirty days after an
appraiser is first added to the appraiser panel of an appraisal
management company, an appraisal management company shall not
remove the appraiser from its appraiser panel or otherwise refuse
to assign requests for real estate appraisal services to the
appraiser without first doing both of the following:
(A) Notifying the appraiser in writing, by certified mail,
return receipt requested, of the reasons the appraiser is being
removed from the appraiser panel;
(B) Providing the appraiser with an opportunity to respond to
that notification, in writing, within thirty days after the
appraisal management company mails the removal notification.
Sec. 4768.10. (A) Each appraisal management company licensed
under this chapter shall maintain all of the following items for a
period of at least five years from the date the appraisal report
is submitted to the client:
(1) The original or true copy of every request relating to
the report that the appraisal management company receives from the
client;
(2) The original or true copy of each request sent to an
appraiser who is considered for the assignment;
(3) Copies of the appraisal report and all versions of that
report.
(B) An appraisal management company shall include all of the
following information in each appraisal work file:
(1) The name and contact information of both the appraisal
management company and the individual from the appraisal
management company involved in ordering the appraisal;
(2) The amount of any fee paid to the appraiser for each
assignment included in the work file and the time and method of
payment;
(3) Details of all communications between the appraisal
management company, the appraiser, and the client for each
appraisal assignment included in the work file.
Sec. 4768.11. (A) No employee, director, officer, or agent
of an appraisal management company licensed under this chapter
shall influence or attempt to influence the development,
reporting, or review of an appraisal through coercion, extortion,
collusion, compensation, instruction, inducement, intimidation,
bribery, or in any other manner, including the following:
(1) Withholding or threatening to withhold timely payment for
appraisal services rendered when the appraisal report or services
rendered are provided in accordance with a contract between the
parties;
(2) Withholding or threatening to withhold future business
for an appraiser, or demoting or threatening to demote an
appraiser, or terminating the relationship with or threatening to
terminate the relationship with an appraiser;
(3) Expressly or impliedly promising future business,
promotions, or increased compensation for an appraiser;
(4) Conditioning the assignment of an appraisal or the
payment of an appraisal fee, salary, or bonus, on the opinion,
conclusion, or valuation to be reached by, or on a preliminary
estimate or opinion requested from, an appraiser;
(5) Requesting that an appraiser provide an estimated,
predetermined, or desired valuation in an appraisal report, or
provide estimated values or comparable sales at any time prior to
the appraiser's completion of an appraisal;
(6) Providing to an appraiser an anticipated, estimated,
encouraged, or desired value for a subject property or a proposed
or target amount to be loaned to the borrower, except that the
employee, director, officer, or agent of an appraisal management
company may provide the appraiser with a copy of the sales
contract for purchase transactions;
(7) Providing stock or other financial or nonfinancial
benefits to an appraiser or any person related to the appraiser;
(8) Any other act or practice that impairs, or attempts to
impair, an appraiser's independence, objectivity, or impartiality;
(9) Obtaining, using, or paying for a second or subsequent
appraisal or ordering an automated valuation model in connection
with a mortgage financing transaction, unless any of the following
are true:
(a) There is a reasonable basis to believe that the initial
appraisal was flawed or tainted and such basis is clearly and
appropriately noted in the loan file.
(b) The appraisal or automated valuation model is done
pursuant to a bona fide pre- or post-funding appraisal review or
quality control process.
(c) A second appraisal is required under state or federal
law.
(10) Allowing the removal of an appraiser from the appraisal
management company's appraiser panel without prior written notice
as required under section 4768.09 of the Revised Code;
(11) Requiring an appraiser to indemnify the appraisal
management company against liability, damages, losses, or claims
other than those liabilities, damages, losses, or claims arising
out of the services performed by the appraiser, including
performance or nonperformance of the appraiser's duties and
obligation, whether as a result of negligence or willful
misconduct;
(12) Requiring an appraiser to prepare an appraisal report if
the appraiser has indicated to the appraisal management company
that the appraiser does not have the necessary expertise for the
specific geographic area;
(13) Requiring an appraiser who has notified the appraisal
management company and declined the assignment to prepare an
appraisal under a time frame that the appraiser, in the
appraiser's own professional judgment, believes does not afford
the appraiser the ability to meet all the relevant legal and
professional obligations.
(B) Nothing in division (A) of this section shall be
construed as prohibiting an appraisal management company from
requesting that an appraiser do any of the following:
(1) Consider additional, appropriate property information,
including the consideration of additional comparable properties,
to make or support an appraisal;
(2) Provide further detail, substantiation, or explanation
for the appraiser's value conclusion;
(3) Correct objective factual errors in an appraisal report.
(C) No appraisal management company shall alter, modify, or
otherwise change a completed appraisal report submitted by an
appraiser.
(D) Each appraisal management company shall require that
appraisals be conducted independently and free from inappropriate
influence and coercion pursuant to the appraisal independence
standards established under section 1639e of the "Truth in Lending
Act," 15 U.S.C. 1631 et seq.
Sec. 4768.12. (A) An appraisal management company licensed
under this chapter shall pay an appraiser for the completion of an
appraisal within sixty days of the date on which the appraiser
transmits or otherwise provides the completed appraisal to the
appraisal management company or its assignees, except in cases of
breach of contract or substandard performance of services.
(B)(1) An appraisal management company licensed under this
chapter shall compensate each appraiser who performs appraisal
services for the appraisal management company at a rate that is
customary and reasonable for appraisal services performed in the
market area of the property being appraised. Evidence for the
customary and reasonable rate may be established by objective
third-party information, including government agency fee
schedules, academic studies, and independent private sector
surveys. Fee studies shall exclude assignments ordered by known
appraisal management companies.
(2) In the case of an appraisal involving a complex
assignment, the customary and reasonable fee may reflect the
increased time, difficulty, and scope of the work required for the
appraisal, and may include an amount over and above the customary
and reasonable fee for noncomplex assignments.
Sec. 4768.13. (A) Within ten business days after a person
files with the division of real estate and professional licensing
a written complaint against a person licensed under this chapter
or any other person, the superintendent of real estate and
professional licensing shall acknowledge receipt of the complaint
by sending notice to the person against whom the complaint is
filed that includes a copy of the complaint. That notice and the
acknowledgment to the complainant may state that an informal
mediation meeting will be held with the complainant, the person
against whom the complaint is filed, and an investigator from the
investigation and audit section of the division, if the
complainant and person both file a request for such a meeting
within twenty calendar days after the acknowledgment and notice
are mailed.
(B) If the complainant and the person against whom the
complaint is filed both file with the division requests for an
informal mediation meeting, the superintendent shall notify the
complainant and the person of the date, time, and place of the
meeting by regular mail. If the complainant and the person reach
an accommodation at an informal mediation meeting, the
investigator shall report the accommodation to the superintendent,
the complainant, and the person against whom the complaint is
filed and the file shall be closed upon the superintendent
receiving satisfactory notice that the accommodation agreement has
been fulfilled.
(C) If the complainant and the person against whom the
complaint is filed fail to agree to an informal mediation meeting,
fail to reach an accommodation agreement, or fail to fulfill an
accommodation agreement, the superintendent shall assign the
complaint to an investigator for an investigation into the conduct
of the person against whom the complaint is filed.
(D) Upon the conclusion of the investigation, the
investigator shall file a written report of the results of the
investigation with the superintendent. The superintendent shall
review the report and determine whether there exists reasonable
and substantial evidence to justify disciplinary action against
the person on a ground described in division (K) of this section.
(E) If the superintendent finds that reasonable and
substantial evidence to justify disciplinary action against the
person on a ground described in division (K) of this section does
not exist, the superintendent shall notify that person and the
complainant of that determination and the basis for the
determination. Within fifteen business days after the
superintendent notifies the complainant and the person against
whom the complaint is filed of that determination, the complainant
may file with the division a request that the real estate
appraiser board review the determination. If the complainant files
such request, the board shall review the superintendent's
determination at the next regularly scheduled meeting held at
least fifteen business days after the request is filed but not
longer than six months after the request is filed. The board may
hear the testimony of the complainant or the person against whom
the complaint is filed at the meeting upon the request of that
party. If the board affirms the determination of the
superintendent, the superintendent shall notify the complainant
and the person against whom the complaint is filed within ten
business days thereafter. If the board reverses the determination
of the superintendent, a hearing before a hearing examiner shall
be held, and the complainant and the person against whom the
complaint is filed shall be notified as provided in division (N)
of this section.
(F) If the superintendent finds that reasonable and
substantial evidence to justify disciplinary action against the
person on a ground described in division (K) of this section does
exist, the superintendent shall notify that person and the
complainant of the determination. The person against whom the
complaint is filed may request a hearing pursuant to Chapter 119.
of the Revised Code. If a formal hearing is to be conducted, the
superintendent shall appoint a hearing examiner to conduct the
hearing in accordance with that chapter.
(G) In accordance with section 119.09 of the Revised Code,
after conducting a hearing, the hearing examiner shall submit a
report of findings of fact and conclusions of law with the
superintendent, the board, the complainant, and the person against
whom the complaint is filed. Within ten calendar days of receipt
of the copy of the hearing examiner's report, the person against
whom the complaint is filed and the division may file with the
board objections to the hearing examiner's report, which shall be
considered by the board before approving, modifying, or rejecting
the hearing examiner's report. The board may hear the testimony of
the complainant and the person against whom the complaint is filed
upon request of those parties.
(H) At any time after the superintendent notifies a person
against whom the complaint is filed of the superintendent's
determination in accordance with division (F) of this section but
before a hearing is held on the matter, the person may apply to
the superintendent to enter into a settlement agreement regarding
the alleged violation. The superintendent and the person shall
comply with the requirements for settlement agreements established
by rules adopted by the board under division (A)(3) of section
4768.03 of the Revised Code. If the parties enter into the
settlement agreement, the hearing before the hearing examiner
shall be postponed, and the board shall review the settlement
agreement at its next regularly scheduled meeting. If the board
disapproves the settlement agreement, the hearing before the
hearing examiner shall be rescheduled.
(I) If, after review of the hearing examiner's report or the
settlement agreement, the board determines that a ground for
disciplinary action that is described in division (K) of this
section exists against a person, the board shall order the
disciplinary action the board considers appropriate, which may
include any of the following:
(1) Reprimand of the person, if licensed under this chapter;
(2) Imposition of a fine, not exceeding twenty-five thousand
dollars per violation;
(3) Suspension of a license issued under this chapter for a
specific period of time;
(4) Revocation of a license issued under this chapter.
If the board approved a settlement agreement entered into
pursuant to division (H) of this section in relation to the ground
for disciplinary action, the disciplinary action shall not be
inconsistent with that settlement agreement.
(J) The decision and order of the board is final, subject to
review in the manner provided for in Chapter 119. of the Revised
Code and appeal to the court of common pleas of Franklin county.
(K) The board shall take any disciplinary action authorized
by division (I) of this section against any person, including an
appraisal management company licensed under this chapter, to which
any of the following grounds apply:
(1) The person procured or attempted to procure a license
under this chapter by knowingly making a false statement,
submitting false information, refusing to provide complete
information in response to a question in an application for
licensure, or by any means of fraud or misrepresentation.
(2) The person paid, or attempted to pay, anything of value,
other than the fees or assessments required by this chapter, to
any member or employee of the board for the purpose of procuring a
license under this chapter.
(3) The person offered, performed, or otherwise provided
appraisal management services, without a license issued under this
chapter, under a business structure that was designed to
circumvent the requirements and prohibitions of this chapter;
(4) The person violated section 4768.09 of the Revised Code.
(5) The person violated section 4768.11 of the Revised Code.
(6) The person violated section 4768.12 of the Revised Code.
(7) The person failed to provide copies of records to the
superintendent as required under this chapter or failed to
maintain records, or include certain information in the appraisal
work file, as required under section 4768.10 of the Revised Code.
(8) Entry of final judgment exists against a person licensed
under this chapter on the grounds of fraud, deceit,
misrepresentation, or coercion in the making of any appraisal of
real estate.
(9) The person failed to provide notice to the board as
required in division (M) of this section.
(10) The person failed to assist the superintendent in the
investigation of complaints under division (A)(8) of section
4768.04 of the Revised Code.
(11) The license, certificate, or registration of the
appraisal management company that was issued by another state was
revoked or surrendered.
(12) If the person is an appraisal management company
licensed under this chapter, the person failed to provide written
notice to the division within fifteen days of changing the
controlling person who is designated as the appraisal management
company's main contact under division (A)(2) of section 4768.06 of
the Revised Code.
(13) If the person is an appraisal management company
licensed under this chapter, the person entered into a contract or
an agreement with an appraiser who is not licensed or certified
under Chapter 4763. of the Revised Code for the performance of
real estate appraisal services.
(14) If the person is an appraisal management company
licensed under this chapter, the person failed to verify that an
appraiser added to the appraisal management company's appraiser
panel is a licensed or certified appraiser under Chapter 4763. of
the Revised Code who is in good standing with this state.
(15) If the person is an appraisal management company
licensed under this chapter, the person failed to require that
appraisals coordinated by the appraisal management company comply
with the uniform standards of professional appraisal practice.
(16) An owner or controlling person of an appraisal
management company was convicted of or pleaded guilty to a felony.
(L) Failure of a person, including a licensee under this
chapter, to comply with a subpoena issued under division (B)(1) of
section 4768.04 of the Revised Code is prima-facie evidence of a
violation of division (K)(6) of this section.
(M) A licensee shall notify the board within fifteen days of
any state agency's issuance of an order revoking or permanently
surrendering any professional appraisal management company
license, certificate, or registration issued by any public entity
other than the division.
(N) Except as otherwise provided, all notices, written
reports, and determinations issued pursuant to this section shall
be mailed via certified mail, return receipt requested. If the
notice, written report, or determination is returned because of
failure of delivery or was unclaimed, the notice, written report,
or determination shall be deemed served if the superintendent
sends the notice, written report, or determination via regular
mail and obtains a certificate of mailing of the notice, written
report, or determination. Refusal of delivery by personal service
or by mail is not failure of delivery and service is deemed to be
complete.
Sec. 4768.14. (A) Upon receipt of a written complaint or
upon the superintendent of real estate and professional
licensing's own motion, the superintendent may investigate any
person that allegedly violated division (A)(1) of section 4768.02
of the Revised Code.
(B) If, after investigation, the superintendent determines
there exists reasonable evidence of a violation of division (A)(1)
of section 4768.02 of the Revised Code, within fourteen business
days after that determination, the superintendent shall send the
party who is the subject of the investigation a written notice, by
regular mail, that includes all of the following information:
(1) A description of the activity in which the party
allegedly is engaging or has engaged that is a violation of
division (A)(1) of section 4768.02 of the Revised Code;
(2) The applicable law allegedly violated;
(3) A statement informing the party that a hearing concerning
the alleged violation will be held before a hearing examiner, and
a statement giving the date and place of that hearing;
(4) A statement informing the party that the party or the
party's attorney may appear in person at the hearing and present
evidence and examine witnesses appearing for and against the
party, or the party may submit written testimony stating any
positions, arguments, or contentions.
(C) At any time after the superintendent notifies a person of
the superintendent's determination in accordance with division (B)
of this section but before a hearing is held on the matter, the
person may apply to the superintendent to enter into a settlement
agreement regarding the alleged violation. The superintendent and
the person shall comply with the requirements for settlement
agreements established by rules adopted by the board under
division (A)(3) of section 4768.03 of the Revised Code. If the
parties enter into the settlement agreement, the hearing before
the hearing examiner shall be postponed and the board shall review
the settlement agreement at its next regularly scheduled meeting.
If the board disapproves the settlement agreement, the hearing
before the hearing examiner shall be rescheduled.
(D) The hearing examiner shall hear the testimony of all
parties present at the hearing and consider any written testimony
submitted pursuant to division (B)(4) of this section. At the
conclusion of the hearing, the hearing examiner shall determine if
there has been a violation of division (A)(1) of section 4768.02
of the Revised Code.
(E) After the conclusion of formal hearings, the hearing
examiner shall file with the superintendent, the real estate
appraiser board, the complainant, and the parties a written report
setting forth the examiner's findings of fact and conclusions of
law and a recommendation of the action to be taken by the
superintendent. Within ten days of receiving a copy of that
report, the parties and the division of real estate and
professional licensing may file with the board written objections
to the report. The board shall consider the objections before
approving, modifying, or disapproving the report.
The board shall review the hearing examiner's report at the
next regularly scheduled board meeting held at least fifteen
business days after receipt of the hearing examiner's report. The
board shall hear the testimony of the complainant or the parties.
(F) After reviewing the hearing examiner's report pursuant to
division (E) of this section, or after reviewing the settlement
agreement pursuant to division (C) of this section, the board
shall decide whether to impose sanctions upon a party for a
violation of division (A)(1) of section 4768.02 of the Revised
Code. The board may assess a civil penalty in an amount it
determines, not to exceed one thousand dollars per violation. Each
day a violation occurs or continues is a separate violation. The
board shall determine the terms of payment. The board shall
maintain a transcript of the proceedings of the hearing and issue
a written opinion to all parties, citing its findings and grounds
for any action taken. If the board approved a settlement agreement
entered into pursuant to division (C) of this section in relation
to the violation, the civil penalty shall not be inconsistent with
that settlement agreement.
(G) Civil penalties collected under this section shall be
deposited in the real estate appraiser operating fund created
under section 4763.15 of the Revised Code.
(H) If a party fails to pay a civil penalty assessed pursuant
to this section within the time prescribed by the board, the
superintendent shall forward to the attorney general the name of
the party and the amount of the civil penalty, for the purpose of
collecting that civil penalty. The party shall pay any fee
assessed by the attorney general for collection of the civil
penalty in addition to the civil penalty assessed pursuant to this
section.
Sec. 4768.15. The superintendent of real estate and
professional licensing shall deposit all moneys collected under
this chapter into the state treasury to the credit of the real
estate appraiser operating fund created under section 4763.15 of
the Revised Code.
Sec. 4768.99. (A) Whoever violates division (A)(1), (2),
(3), (4), (5), (6), (7), (8), or (9) or division (C) of section
4768.11 of the Revised Code is guilty of a felony of the fifth
degree.
(B) Whoever violates division (A)(10), (11), (12), or (13) of
section 4768.11 of the Revised Code is guilty of a misdemeanor of
the first degree.
Section 2. That existing sections 109.572, 4763.01, 4763.02
4763.05, 4763.08, 4763.11, 4763.12, 4763.13, 4763.14, 4763.15,
4763.17, and 4763.19 of the Revised Code are hereby repealed.
Section 3. Nothing in this act shall affect the term of any
member of the Real Estate Appraiser Board serving on the effective
date of this act.
Section 4. Division (A) of section 4768.02 of the Revised
Code, as enacted by this act, takes effect ninety days after the
effective date of this act.
Section 5. Division (A)(11) of section 4768.11 of the Revised
Code as enacted by this act, applies to contracts entered into on or after the
effective date of this act.
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