reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.171 | Auction Education Fund.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
There is hereby created in the state treasury the auction education fund. Seven dollars and fifty cents of each fee collected for an initial or renewed auction firm's license shall be credited to the auction education fund. In addition, seven dollars and fifty cents out of each one hundred dollars that is collected as a fee for an initial or renewed auctioneer's license shall be credited to the fund. All interest earned on moneys deposited in the state treasury to the credit of the auction education fund shall be credited to the fund.
The state auctioneers commission shall use any moneys from the auction education fund to advance and underwrite education and research in the auction field for the benefit of those licensed under this chapter and the auctioneering public and to cooperate with associations of auctioneers and other groups for the education of auctioneers and the advancement of the auction profession in this state.
Last updated July 7, 2022 at 2:14 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.18 | Collection of Service Fees for Nonpayment in Court.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
No person engaged in the business of, or acting in the capacity of, an auction firm or auctioneer shall bring or maintain any action in the courts of this state for the collection of compensation for any services performed as an auction firm or auctioneer without first alleging and proving that the person was a duly licensed auction firm or auctioneer at the time the alleged cause of action arose.
Last updated August 17, 2022 at 11:42 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.19 | Administrative Rules.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
(A) The director of agriculture may adopt reasonable rules necessary for the implementation of this chapter in accordance with Chapter 119. of the Revised Code. In addition, the director shall adopt rules in accordance with Chapter 119. of the Revised Code that establish the portion of license fees collected under this chapter that are to be deposited into the auction recovery fund under section 4707.25 of the Revised Code.
No person shall fail to comply with a rule adopted under this chapter.
(B) The director shall adopt rules that establish a schedule of civil penalties for violations of this chapter, rules adopted under it, or orders issued under it. The rules shall provide that the civil penalty for the first violation of this chapter, rule, or order shall not exceed five thousand dollars and the civil penalty for each subsequent offense shall not exceed ten thousand dollars. In addition, the director, in establishing the schedule of civil penalties in the rules, shall consider past violations of this chapter and rules adopted under it, the severity of a violation, and the amount of actual or potential damage to the public or the auction profession.
(C) The department of agriculture may hear testimony in matters relating to the duties imposed on it, and any person authorized by the director may administer oaths. The department may require other proof of the honesty and truthfulness of any person named in the application for an auction firm's or auctioneer's license before admitting the applicant to an examination or issuing a license.
Last updated January 13, 2023 at 12:40 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.20 | Written Contract or Agreement in Duplicate Required.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
(A) Except when conducting an auction under division (B)(5)(b) of section 4707.02 of the Revised Code, no person shall act as an auction firm or auctioneer until the person has first entered into a written contract or agreement in duplicate with the owner or consignee of any property to be sold, containing the terms and conditions upon which the licensee receives or accepts the property for sale at auction. The contracts or agreements shall, for a period of two years, be kept on file in the office of every person so licensed.
(B) On all contracts or agreements between an auction firm or auctioneer and the owner or consignee, there shall appear a prominent statement indicating that the auction firm or auctioneer is licensed by the department of agriculture, and either that the licensee is bonded in favor of the state or that an aggrieved person may initiate a claim against the auction recovery fund created in section 4707.25 of the Revised Code as a result of the licensee's actions, whichever is applicable.
(C) The auction firm or auctioneer who contracts with the owner is liable for the settlement of all money received, including the payment of all expenses incurred only by the licensee and the distribution of all funds, in connection with an auction.
(D) For purposes of this section, a contract or agreement shall specify all of the following:
(1) The owner of the property to be sold or the owner's agent or the consignee;
(2) The date of the auction or a termination date of the contract or agreement;
(3) The location of the auction;
(4) The terms and conditions of the auction;
(5) All of the fees to be charged by the auctioneer or the auction firm, which shall include commissions, rentals, advertising, and labor;
(6) An explanation of the settlement of the auction that includes the disbursement of interest money, if applicable;
(7) A statement establishing the responsibility for bad checks, debts, and unpaid auction items;
(8) A statement indicating whether the auction is a reserve auction or an absolute auction. In addition, the statement shall include the definition of reserve auction or absolute auction from section 4707.01 of the Revised Code, as applicable.
(9) A statement of the auctioneer's or auction firm's policy regarding absentee bidding;
(10) A brief description of the real or personal property to be sold;
(11) If the sale is of real or personal property at absolute auction, a statement affirming that the seller of the real or personal property has a bona fide intention to transfer ownership of the property to the highest bidder.
(12) If the sale is a multi-parcel auction, a statement between the owner or owners of the real or personal property and the auctioneer or auction firm attesting that the type of auction will be a multi-parcel auction.
Last updated July 7, 2022 at 2:16 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.21 | Records and Information.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
(A) No auction firm or auctioneer shall do any of the following:
(1) Willfully neglect or refuse to furnish the department of agriculture statistics or other information in the auction firm's or auctioneer's possession or under the auction firm's or auctioneer's control that the auction firm or auctioneer is authorized to collect;
(2) Neglect or refuse, for more than thirty days, to answer questions submitted on circulars;
(3) Knowingly answer any questions submitted on circulars specified in division (A)(2) of this section falsely;
(4) Refuse to obey subpoenas and give testimony.
(B) Licensees, as well as charitable, religious, or civic organizations and schools that sponsor an auction under division (B)(5)(b) of section 4707.02 of the Revised Code, shall keep records relative to any auction for at least two years from its date. These records shall include settlement sheets, written contracts, and copies of any advertising that lists the items for auction, as applicable.
Last updated July 7, 2022 at 2:16 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.23 | Effect of Child Support Default on License.

Effective:
October 1, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
On receipt of a notice pursuant to section 3123.43 of the Revised Code, the department of agriculture shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license issued pursuant to this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.24 | Provisions Inapplicable to One-Time Residential Auction.

Effective:
September 26, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
Except for the purposes of divisions (A) and (B) of section 4707.25 of the Revised Code, sections 4707.25 to 4707.31 of the Revised Code do not apply with respect to a license issued under section 4707.072 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.261 | Verified Application for Order Directing Payment Form Fund.

Effective:
July 1, 2003
Latest Legislation:
Senate Bill 262 - 124th General Assembly
A person who obtains a final judgment in a court of competent jurisdiction against a person licensed under this chapter, on the grounds of conduct by the licensee that is described in section 4707.15 of the Revised Code or that otherwise violates this chapter or rules adopted under it and that is associated with an act or transaction that only a licensee lawfully may perform, may file a verified application in a court of common pleas for an order directing payment from the auction recovery fund. The application shall be accompanied by the judgment entry and may seek payment in an amount that is equal to the portion of the judgment that remains unpaid.
The application shall specify the nature of the act or transaction on which the underlying judgment was based, the activities of the applicant in pursuit of remedies available under the law for the collection of judgments, and the actual and direct losses sustained by the applicant. The applicant shall attach to the application a copy of each pleading and order in the underlying court action. In addition, the application shall include proof of the applicant's actual and direct loss.
Whenever possible, the court shall require all applicants and prospective applicants whose claims to the fund arose from an underlying judgment against the same licensee to be joined in one action under this section so that the rights of all applicants may be equitably adjudicated and settled.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.262 | Determining Whether Recovery Should Be From Real Estate or Auction Recovery Fund.

Effective:
July 1, 2003
Latest Legislation:
Senate Bill 262 - 124th General Assembly
A person who has sustained actual and direct losses in the course of a real estate auction transaction and who believes that they may qualify to seek recovery for the losses from the real estate recovery fund in accordance with section 4735.12 of the Revised Code or from the auction recovery fund shall apply to a court of competent jurisdiction for a determination of the fund from which the person should seek recovery if either or both of the following apply:
(A) The transaction involves both of the following:
(1) A violation of Chapter 4735. of the Revised Code;
(2) A violation of this chapter or rules adopted under it or conduct that is described in section 4707.15 of the Revised Code.
(B) The person is unclear as to the fund from which recovery should be sought.
Upon receipt of an application under this section, the court shall determine whether it appears that conduct or a violation described in division (A) of this section occurred and also shall determine, in its discretion, the appropriate fund from which the person should seek recovery and notify the person of the determination.
In the event that the court determines the person is able to recover from both the real estate recovery fund and the auction recovery fund, the total aggregate amount that is paid to the person from both the funds shall not exceed the actual and direct losses sustained by the person. In addition, the total aggregate amount that is paid to the person from both the funds shall not exceed the dollar limitations established in section 4707.29 of the Revised Code, and the portion of that total aggregate amount that is paid from the real estate recovery fund shall not exceed the dollar limitations established in division (D) of section 4735.12 of the Revised Code.
For purposes of division (B)(4)(d) of section 4735.12 of the Revised Code, with respect to recovery from the real estate recovery fund, a person shall not be required first to seek recovery from the auction recovery fund in order to be considered to have diligently pursued the person's remedies.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.27 | Filing Notice of Application.

Effective:
July 1, 2003
Latest Legislation:
Senate Bill 262 - 124th General Assembly
A person who applies to a court of common pleas for an order directing payment from the auction recovery fund under section 4707.261 of the Revised Code shall file notice of the application with the director of agriculture. The director may defend any such action on behalf of the fund and shall have recourse to all appropriate means of defense and review, including examination of witnesses, verification of actual and direct losses, and challenges to the underlying judgment obtained from a court of competent jurisdiction to determine whether the underlying judgment is based on activity that only a person holding a valid license issued under this chapter is authorized to perform. The director may move the court of common pleas at any time to dismiss the application when it appears that there are no triable issues and the application is without merit, provided that the director shall give written notice to the applicant not fewer than ten days before the motion is made. The motion may be supported by affidavit of any person having knowledge of the facts and may be made on the basis that the application, including the underlying judgment referred to in it, does not form the basis for a meritorious recovery claim. Subject to court approval, the director may compromise a claim based on the application of the aggrieved party. The director shall not be bound by any prior compromise or stipulation of the licensee who is the judgment debtor.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.29 | Limitations on Recovery.

Effective:
July 1, 2003
Latest Legislation:
Senate Bill 262 - 124th General Assembly
The liability of the auction recovery fund shall not exceed fifty thousand dollars for losses involving violations committed by any one licensee, except that with respect to any one licensee who provides either an irrevocable letter of credit or a bond in order to maintain proof of financial responsibility under section 4707.11 of the Revised Code, the liability of the fund shall not exceed twenty-five thousand dollars for losses involving violations committed by the licensee. If a licensee's license is reactivated as provided in section 4707.30 of the Revised Code, the liability of the fund for the licensee shall again be fifty thousand dollars, or twenty-five thousand dollars if applicable, but only for transactions that occur subsequent to the time of reactivation.
If fifty thousand dollars, or twenty-five thousand dollars if applicable, are insufficient to pay the valid claims of all persons who have applied for payment from the fund with respect to losses involving violations committed by the same licensee, the money shall be distributed among the persons in the ratio that their respective claims bear to the aggregate of valid claims or in another manner that the court or, if all the claims involve applications filed under section 4707.26 or 4707.31 of the Revised Code, the director of agriculture determines to be equitable. Distribution of the money shall be among the persons entitled to share in it without regard to the order of priority in which their respective claims may have been decided or their applications for payment from the fund may have been filed.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.31 | Director's Discretion to Make Payment Without Order.

Effective:
July 1, 2003
Latest Legislation:
Senate Bill 262 - 124th General Assembly
Notwithstanding any other provision of this chapter to the contrary, the director of agriculture may, within the director's discretion, make a payment out of the auction recovery fund to a person without first requiring the person to obtain a prior order issued by the director or by a court of competent jurisdiction if all of the following apply:
(A) The person claims to have sustained total actual and direct losses in the amount of one thousand dollars or less.
(B) The losses are associated with an act or transaction that only a person licensed under this chapter lawfully may perform.
(C) The licensee allegedly has engaged in actions that are described in section 4707.15 of the Revised Code or that otherwise violate this chapter or rules adopted under it.
(D) The amount of the alleged loss is readily ascertainable rather than speculative in nature.
(E) The claimant filed a properly notarized complaint with supporting documentation to the department not later than one year following the date of the alleged wrongful actions of the licensee.
(F) The department, within its discretion, determines that, based upon the evidence presented, justice would be better served by allowing compensation to be paid without first requiring the aggrieved party to obtain a judgment from a court of competent jurisdiction or an order of the department.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.33 | Compliance With Law Regarding Sanctions for Human Trafficking.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
The department of agriculture shall comply with section 4776.20 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.99 | Penalty.

Effective:
May 6, 2005
Latest Legislation:
Senate Bill 209 - 125th General Assembly
(A) Whoever violates section 4707.02 of the Revised Code is guilty of a misdemeanor of the first degree on the first offense and a felony of the fifth degree on each subsequent offense.
(B) Whoever violates this chapter or any rule adopted by the department of agriculture in the administration of this chapter, for the violation of which no penalty is provided, is guilty of a misdemeanor of the first degree.
(C) Whoever violates section 4707.151 of the Revised Code is guilty of a felony of the fifth degree on the first offense and a felony of the fourth degree on each subsequent offense.
(D) Notwithstanding section 1901.31, 1907.20, or 2335.37 of the Revised Code, the clerk of the court shall transmit to the treasurer of state for deposit into the state treasury to the credit of the auction education fund created in section 4707.171 of the Revised Code fifty per cent of any fine imposed under this section.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4709 | Barbers › Section 4709.01 | Barber Definitions.

Effective:
September 29, 1999
Latest Legislation:
House Bill 283 - 123rd General Assembly
As used in this chapter:
(A)(1) Except as provided in division (A)(2) of this section, the practice of barbering means any one or more of the following when performed upon the head, neck, or face for cosmetic purposes and when performed upon the public for pay, free, or otherwise:
(a) Shaving the face, shaving around the vicinity of the ears and neckline, or trimming facial hair;
(b) Cutting or styling hair;
(c) Facials, skin care, or scalp massages;
(d) Shampooing, bleaching, coloring, straightening, or permanent waving hair;
(e) Cutting, fitting, or forming head caps for wigs or hair pieces.
(2) The practice of barbering does not include the practice of natural hair styling.
(B) Sanitary means free of infectious agents, disease, or infestation by insects or vermin and free of soil, dust, or foreign material.
(C) Barber means any person who engages in or attempts to engage in the practice of barbering.
(D) Barber school means any establishment that engages in or attempts to engage in the teaching of the practice of barbering.
(E) Barber teacher means any person who engages in or attempts to engage in the teaching of the practice of barbering.
(F) Assistant barber teacher means any person who assists a barber teacher in the teaching of the practice of barbering.
(G) Barber pole means a cylinder or pole with alternating stripes of any combination including red and white, and red, white, and blue, which run diagonally along the length of the cylinder or pole.
(H) The practice of natural hair styling means work done for a fee or other form of compensation, by any person, utilizing techniques performed by hand that result in tension on hair roots such as twisting, wrapping, weaving, extending, locking, or braiding of the hair, and which work does not include the application of dyes, reactive chemicals, or other preparations to alter the color or to straighten, curl, or alter the structure of the hair.
(I) Braiding means intertwining the hair in a systematic motion to create patterns in a three-dimensional form, inverting the hair against the scalp along part of a straight or curved row of intertwined hair, or twisting the hair in a systematic motion, and includes extending the hair with natural or synthetic hair fibers.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4709 | Barbers › Section 4709.02 | Prohibited Practices.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
Except as provided in this chapter, no person shall do any of the following:
(A) Engage in or attempt to engage in the practice of barbering, hold themselves out as a practicing barber, or advertise in a manner that indicates they are a barber, without a barber license issued pursuant to this chapter;
(B) Operate or attempt to operate a barber shop without a barber shop license issued pursuant to this chapter;
(C) Engage in or attempt to engage in the teaching of or assist in the teaching of the practice of barbering without a barber teacher or assistant barber teacher license issued pursuant to this chapter;
(D) Advertise barbering services unless the establishment and personnel employed therein are licensed pursuant to this chapter;
(E) Use or display a barber pole for the purpose of offering barber services to the consuming public without a barber shop license issued pursuant to this chapter;
(F) Operate or attempt to operate a barber school without a barber school license issued pursuant to this chapter;
(G) Teach or attempt to teach any phase of barbering for pay, free, or otherwise without approval from the state cosmetology and barber board;
(H) Being a barber, knowingly continue the practice of barbering, or being a student, knowingly continue as a student in any barber school, while such person has an infectious, contagious, or communicable disease;
(I) Obtain or attempt to obtain a license by fraudulent misrepresentation for money, other than the required fee, or any other thing of value;
(J) Practice or attempt to practice barbering by fraudulent misrepresentation;
(K) Employ another person to perform or himself perform the practice of barbering in a licensed barber shop unless that person is licensed as a barber under this chapter;
(L) Use any room or place for barbering which is also used for residential or other business purposes, unless it is separated by a substantial ceiling-high partition. This does not exclude hair care products used and sold in barber shops or the sale of clothing and related accessories as authorized by division (F) of section 4709.09 of the Revised Code.
(M) Violate any rule adopted by the board or department of health for barber shops or barber schools.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4709 | Barbers › Section 4709.03 | Exemptions.

Effective:
April 7, 2003
Latest Legislation:
House Bill 415 - 124th General Assembly
The following persons are exempt from this chapter while in the proper discharge of their professional duties:
(A) Persons licensed by this state to practice medicine and surgery;
(B) Commissioned medical or surgical officers of the United States army, navy, or marine hospital service;
(C) Nurses registered under Chapter 4723. of the Revised Code;
(D) Cosmetologists and hair designers licensed under Chapter 4713. of the Revised Code, insofar as their usual and ordinary vocation and profession is concerned as described in section 4713.01 of the Revised Code;
(E) Funeral directors, embalmers, and apprentices licensed or registered under Chapter 4717. of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4709 | Barbers › Section 4709.08 | Reciprocity.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
Any person who holds a current license or registration to practice as a barber in any other country whose requirements for licensure or registration of barbers are substantially equivalent to the requirements of this chapter and rules adopted under it and that extends similar reciprocity to persons licensed as barbers in this state may apply to the state cosmetology and barber board for a barber license. The board shall, without examination, unless the board determines to require an examination, issue a license to practice as a licensed barber in this state if the person meets the requirements of this section, is at least eighteen years of age, and pays the required fees. The board may waive any of the requirements of this section.
Last updated December 29, 2023 at 7:41 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4709 | Barbers › Section 4709.09 | Application for Barber Shop License - Related Businesses.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) Each person who desires to obtain a barber shop license shall apply to the state cosmetology and barber board, on forms provided by the board. The board shall issue a barber shop license to a person if the board determines that the person meets all of the requirements of division (B) of this section and pays the required license and inspection fees.
(B) In order for a person to qualify for a license to operate a barber shop, the barber shop shall meet all of the following requirements:
(1) Be in the charge and under the immediate supervision of a licensed barber;
(2) Be equipped to provide running hot and cold water and proper drainage;
(3) Sanitize and maintain in a sanitary condition, all instruments and supplies;
(4) Keep towels and linens clean and sanitary and in a dry, dust-proof container;
(5) Display the shop license and a copy of the board's sanitary rules in a conspicuous place in the working area.
(C) Any licensed barber who leases space in a licensed barber shop and engages in the practice of barbering independent and free from supervision of the owner or manager of the barber shop is considered to be engaged in the operation of a separate and distinct barber shop and shall obtain a license to operate a barber shop pursuant to this section.
(D) A shop license is not transferable from one owner to another and if an owner or operator of a barber shop permanently ceases offering barber services at the shop, the owner or operator shall return the barber shop license to the board within ten days of the cessation of services.
(E)(1) Manicurists licensed under Chapter 4713. of the Revised Code may practice manicuring in a barber shop.
(2) Tanning facilities issued a permit under section 4713.48 of the Revised Code may be operated in a barber shop.
(F) Clothing and related accessories may be sold at retail in a barber shop so long as these sales maintain the integrity of the facility as a barber shop.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4709 | Barbers › Section 4709.11 | License Renewal.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Every license issued pursuant to this chapter expires on the thirty-first day of August of each even-numbered year. Each licensee desiring to do so shall, on or before the first day of September of each even-numbered year, renew the licensee's license pursuant to the standard renewal procedure of Chapter 4745. of the Revised Code. Any holder of an expired license shall restore the holder's license before continuing the practice of barbering or the activity for which the holder is licensed under this chapter and pay the appropriate restoration fee. If the person fails to restore the person's license within six years, the person shall pay any required restoration fee and take any examination required for the license under this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4709 | Barbers › Section 4709.12 | Fees.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) The state cosmetology and barber board shall charge and collect the following fees:
(1) For the application to take the barber examination, ninety dollars;
(2) For an application to retake any part of the barber examination, forty-five dollars;
(3) For the initial issuance of a license to practice as a barber, thirty dollars;
(4) For the biennial renewal of the license to practice as a barber, one hundred ten dollars;
(5) For the restoration of an expired barber license, one hundred dollars, and seventy-five dollars for each lapsed year, provided that the total fee shall not exceed six hundred ninety dollars;
(6) For the issuance of a duplicate barber or shop license, forty-five dollars;
(7) For the inspection of a new barber shop, change of ownership, or reopening of premises or facilities formerly operated as a barber shop, and issuance of a shop license, one hundred ten dollars;
(8) For the biennial renewal of a barber shop license, seventy-five dollars;
(9) For the restoration of a barber shop license, one hundred ten dollars;
(10) For each inspection of premises for location of a new barber school, or each inspection of premises for relocation of a currently licensed barber school, seven hundred fifty dollars;
(11) For the initial barber school license, one thousand dollars, and one thousand dollars for the renewal of the license;
(12) For the restoration of a barber school license, one thousand dollars;
(13) For the issuance of a student registration, forty dollars;
(14) For the examination and issuance of a biennial teacher license, one hundred eighty-five dollars;
(15) For the renewal of a biennial teacher license, one hundred fifty dollars;
(16) For the restoration of an expired teacher license, two hundred twenty-five dollars, and sixty dollars for each lapsed year, provided that the total fee shall not exceed four hundred fifty dollars;
(17) For the issuance of a barber license by reciprocity pursuant to section 4709.08 of the Revised Code, three hundred dollars;
(18) For providing licensure information concerning an applicant, upon written request of the applicant, forty dollars.
(B) The board, subject to the approval of the controlling board, may establish fees in excess of the amounts provided in this section, provided that the fees do not exceed the amounts permitted by this section by more than fifty per cent.
(C) In addition to any other fee charged and collected under this section, the board shall ask each person renewing a license to practice as a barber whether the person wishes to make a two-dollar voluntary contribution to the Ed Jeffers barber museum. The board shall transmit any contributions to the treasurer of state for deposit into the occupational licensing fund.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4709 | Barbers › Section 4709.13 | Disciplinary Actions.

Effective:
October 9, 2021
Latest Legislation:
House Bill 263 - 133rd General Assembly
(A) The state cosmetology and barber board may refuse to issue or renew or may suspend or revoke or impose conditions upon any license issued pursuant to this chapter for any one or more of the following causes:
(1) Advertising by means of knowingly false or deceptive statements;
(2) Habitual drunkenness or possession of or addiction to the use of any controlled drug prohibited by state or federal law;
(3) Unprofessional conduct;
(4) Continuing to be employed in a barber shop wherein rules of the board or department of health are violated;
(5) Employing any person who does not have a current Ohio license to perform the practice of barbering;
(6) Owning, managing, operating, or controlling any barber school or portion thereof, wherein the practice of barbering is carried on, whether in the same building or not, without displaying a sign at all entrances to the places where the barbering is carried on, indicating that the work therein is done by students exclusively;
(7) Owning, managing, operating, or controlling any barber shop, unless it displays a recognizable sign or barber pole indicating that it is a barber shop, and the sign or pole is clearly visible at the main entrance to the shop;
(8) Violating any sanitary rules approved by the department of health or the board;
(9) Employing another person to perform or personally perform the practice of barbering in a licensed barber shop unless that person is licensed as a barber under this chapter;
(10) Gross incompetence.
(B)(1) The board may refuse to renew or may suspend or revoke or impose conditions upon any license issued pursuant to this chapter for conviction of or plea of guilty to a felony committed after the person has been issued a license under this chapter, shown by a certified copy of the record of the court in which the person was convicted or pleaded guilty.
(2) A conviction or plea of guilty to a felony committed prior to being issued a license under this chapter shall not disqualify a person from being issued an initial license under this chapter.
(C) Prior to taking any action under division (A) or (B) of this section, the board shall provide the person with a statement of the charges against the person and notice of the time and place of a hearing on the charges. The board shall conduct the hearing according to Chapter 119. of the Revised Code. Any person dissatisfied with a decision of the board may appeal the board's decision to the court of common pleas in Franklin county.
(D) The board may adopt rules in accordance with Chapter 119. of the Revised Code, specifying additional grounds upon which the board may take action under division (A) of this section.
Last updated October 9, 2021 at 5:46 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4709 | Barbers › Section 4709.14 | Injunctive Relief.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) If the state cosmetology and barber board determines that any person is violating or threatening to violate any provision of this chapter or the rules adopted pursuant thereto and such violation or threatened violation is a threat to the health or safety of persons who use barber services, the board may apply to a court of competent jurisdiction in the county in which the violation or threatened violation occurred or will occur for injunctive relief and such other relief to prevent further violations. The attorney general shall, at the board's request, represent the board in any such action.
(B) If the board determines, after a hearing conducted in accordance with Chapter 119. of the Revised Code, that any person has violated any provision of this chapter or the rules adopted pursuant thereto, the board may, in addition to any other action it may take or any other penalty imposed pursuant to this chapter, impose one or more fines upon the person. In no event, however, shall the fines imposed under this division exceed five hundred dollars for a first offense or one thousand dollars for each subsequent offense.
(C) A person who allegedly has violated a provision of this chapter for which the board proposes to impose a fine may pay the board the amount of the fine and waive the right to an adjudicatory hearing conducted under Chapter 119. of the Revised Code and described in division (B) of this section.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4709 | Barbers › Section 4709.23 | Approval From Board for Teaching.

Effective:
January 21, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
No phase of barbering shall be taught for pay, free, or otherwise, without approval from the state cosmetology and barber board.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4709 | Barbers › Section 4709.99 | Penalty.

Effective:
May 14, 1992
Latest Legislation:
House Bill 287 - 119th General Assembly
Whoever violates this chapter or any rule adopted pursuant thereto shall be fined not less than one hundred nor more than five hundred dollars for a first offense; for each subsequent violation of the same provision, the person shall be fined not less than five hundred nor more than one thousand dollars.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4710 | Debt Pooling Companies › Section 4710.01 | Debt Pooling Company Definitions.

Effective:
November 5, 2004
Latest Legislation:
House Bill 420 - 125th General Assembly
As used in this chapter:
(A) "Person" includes individuals, partnerships, associations, corporations, trusts, and other legal entities.
(B) "Debt adjusting" means doing business in debt adjusting, budget counseling, debt management, or debt pooling service, or holding oneself out, by words of similar import, as providing services to debtors in the management of their debts, to do either of the following:
(1) To effect the adjustment, compromise, or discharge of any account, note, or other indebtedness of the debtor;
(2) To receive from the debtor and disburse to the debtor's creditors any money or other thing of value.
(C) "Resides" means to live in a particular place on a temporary or a permanent basis.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4710 | Debt Pooling Companies › Section 4710.03 | Application of Chapter - Exclusions.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Nothing in this chapter applies to any of the following:
(A) The federal national mortgage association; the federal home loan mortgage corporation; a bank, bank holding company, trust company, savings and loan association, credit union, savings bank, or credit card bank, that is regulated by the office of the comptroller of currency, federal reserve, federal deposit insurance corporation, national credit union administration, or division of financial institutions; or to subsidiaries of any of these entities;
(B) Debt adjusting incurred in the practice of law in this state;
(C) A person that incidentally engages in debt adjusting to adjust the indebtedness owed to that person;
(D) A registrant as defined in section 1321.51 of the Revised Code;
(E) A registrant or licensee as both are defined in section 1322.01 of the Revised Code.
Last updated September 6, 2023 at 2:52 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4710 | Debt Pooling Companies › Section 4710.04 | Certain Violations Deemed Unfair or Deceptive Acts - Fine.

Effective:
November 5, 2004
Latest Legislation:
House Bill 420 - 125th General Assembly
(A) Any violation of division (F)(1) of section 4710.02 of the Revised Code is deemed an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. A person injured by a violation of that division has a cause of action and is entitled to the same relief available to a consumer under section 1345.09 of the Revised Code, and all the powers and remedies available to the attorney general to enforce sections 1345.01 to 1345.13 of the Revised Code are available to the attorney general to enforce division (F)(1) of section 4710.02 of the Revised Code.
(B) Any person who violates division (F)(2) of section 4710.02 of the Revised Code, in addition to the penalties imposed by section 4710.99 of the Revised Code, shall be fined not more than ten thousand dollars for each violation.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4710 | Debt Pooling Companies › Section 4710.99 | Penalty.

Effective:
November 5, 2004
Latest Legislation:
House Bill 420 - 125th General Assembly
Whoever violates division (F) of section 4710.02 of the Revised Code is guilty of a misdemeanor of the third degree for a first offense and a misdemeanor of the second degree for any subsequent offense.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4711 | Commission Merchants › Section 4711.01 | Itemized Statement of Sale.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All commission merchants, firms, companies, and corporations, and all other persons or consignees in this state, receiving fruits, vegetables, butter, eggs, poultry, cattle, horses, sheep, or any other product or property to be sold on commission shall, immediately upon the consummation of the sale, make and render an itemized statement of such sale to the consignor showing the gross amount of the sale, the freight and express charges, together with all other charges against the goods which consignee may reasonably incur, and the net proceeds of the sale.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4711 | Commission Merchants › Section 4711.02 | Record - What to Show.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All commission merchants, firms, companies, and corporations, doing business as provided in section 4711.01 of the Revised Code, shall keep a record of the gross amount of each sale, and all freight, express, and other charges against the goods which the consignee may reasonably incur, and the net proceeds of the sales; which record shall be open for inspection at any time upon request of any consignor or his authorized agent or attorney .
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4711 | Commission Merchants › Section 4711.03 | Prohibition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No commission merchant, firm, company, corporation, or persons shall violate sections 4711.01 and 4711.02 of the Revised Code, or shall willfully render any false itemized account provided for in such sections.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4711 | Commission Merchants › Section 4711.99 | Penalty.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
(A) Whoever violates section 4711.03 of the Revised Code shall be fined not less than ten nor more than two hundred dollars.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4712 | Ohio Credit Services Organization Act › Section 4712.03 | Suspension, Revocation or Refusal of Certificate of Registration.

Effective:
September 26, 1996
Latest Legislation:
Senate Bill 293 - 121st General Assembly
After notice and a hearing conducted in accordance with Chapter 119. of the Revised Code, the superintendent of financial institutions may suspend, revoke, or refuse to issue or renew a certificate of registration if any of the following conditions applies to the applicant for registration or registrant:
(A) The applicant or registrant obtained a certificate of registration through any false or fraudulent representation or made any substantial misrepresentation in any registration application.
(B) The applicant or registrant made false promises through advertising or other means or engaged in a continued course of misrepresentations.
(C) The applicant or registrant violated any provision of Chapter 1345. or sections 4712.01 to 4712.14 of the Revised Code or the rules adopted thereunder.
(D) The applicant or registrant was convicted, in a court of competent jurisdiction of this state or any other state, of a felony or any criminal offense involving fraud, or failed to notify the division of financial institutions of any such conviction.
(E) The applicant or registrant engaged in conduct that constituted improper, fraudulent, or dishonest dealings.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4712 | Ohio Credit Services Organization Act › Section 4712.06 | Surety Bond.

Effective:
September 26, 1996
Latest Legislation:
Senate Bill 293 - 121st General Assembly
(A) No credit services organization shall conduct business in this state unless the organization has obtained a surety bond issued by a surety company authorized to do business in this state and all of the following conditions are met:
(1) A copy of the bond is filed with the division of financial institutions.
(2) The bond is in favor of any person, and of the state for the benefit of any person, that is injured by any violation of sections 4712.01 to 4712.14 of the Revised Code.
(3) The bond is in the amount of fifty thousand dollars.
(4) The bond is maintained and in effect for at least two years after the date on which the credit services organization ceases to conduct business in this state.
(B) Any person claiming against the bond for a violation of sections 4712.01 to 4712.14 of the Revised Code may maintain an action at law against the credit services organization and against the surety company. However, the surety company is liable only for damages awarded under division (A)(2) of section 4712.10 of the Revised Code and not for punitive damages awarded under division (A)(3) of section 4712.10 of the Revised Code. The aggregate liability of the surety company to all persons injured by a credit services organization's violation of sections 4712.01 to 4712.14 of the Revised Code shall not exceed the amount of the bond.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4712 | Ohio Credit Services Organization Act › Section 4712.071 | Prohibited Extensions of Credit.

Effective:
October 29, 2018
Latest Legislation:
House Bill 123 - 132nd General Assembly
No credit services organization shall sell, provide, or perform any of the services authorized under division (C)(1) of section 4712.01 of the Revised Code in connection with an extension of credit that meets any of the following conditions:
(A) The amount of credit is less than five thousand dollars.
(B) The repayment term is one year or less.
(C) The annual percentage rate exceeds twenty-eight per cent. For purposes of this division, "annual percentage rate" has the same meaning as in the "Truth in Lending Act," 82 Stat. 149 (1980), 15 U.S.C. 1606, as implemented by regulations of the consumer financial protection bureau.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4712 | Ohio Credit Services Organization Act › Section 4712.08 | Prohibiting Fraudulent Activities.

Effective:
September 26, 1996
Latest Legislation:
Senate Bill 293 - 121st General Assembly
No credit services organization shall do any of the following:
(A) Obtain a certificate of registration through any false or fraudulent representation or make any substantial misrepresentation in any registration application;
(B) Make false promises through advertising or other means in the conduct of its business or engage in a continued course of misrepresentations in the conduct of its business;
(C) Engage in conduct that constitutes improper, fraudulent, or dishonest dealings in the conduct of its business;
(D) Fail to notify the division of financial institutions if the credit services organization is convicted, in a court of competent jurisdiction of this state or any other state, of a felony or any criminal offense involving fraud.