reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4766 | State Board of Emergency Medical, Fire, and Transportation Services › Section 4766.08 | Revocation of License or Permit - Deficiencies.

Effective:
July 1, 2013
Latest Legislation:
House Bill 51 - 130th General Assembly
(A) The state board of emergency medical, fire, and transportation services, pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code, may suspend or revoke any license or permit or renewal thereof issued under this chapter for any one or combination of the following causes:
(1) Violation of this chapter or any rule adopted thereunder;
(2) Refusal to permit the board to inspect a vehicle or aircraft used under the terms of a permit or to inspect the records or physical facilities of a licensee;
(3) Failure to meet the ambulance, ambulette, rotorcraft air ambulance, fixed wing air ambulance, and nontransport vehicle requirements specified in this chapter or the rules adopted thereunder;
(4) Violation of an order issued by the board;
(5) Failure to comply with any of the terms of an agreement entered into with the board regarding the suspension or revocation of a license or permit or the imposition of a penalty under this section.
(B) If the board determines that the records, record-keeping procedures, or physical facilities of a licensee, or an ambulance, ambulette, rotorcraft air ambulance, fixed wing air ambulance, or nontransport vehicle for which a valid permit has been issued, do not meet the standards specified in this chapter and the rules adopted thereunder, the board shall notify the licensee of any deficiencies within thirty days of finding the deficiencies. If the board determines that the deficiencies exist and they remain uncorrected after thirty days, the board may suspend the license, vehicle permit, or aircraft permit. The licensee, notwithstanding the suspension under this division, may operate until all appeals have been exhausted.
(C) At the discretion of the board, a licensee whose license has been suspended or revoked under this section may be ineligible to be licensed under this chapter for a period of not more than three years from the date of the violation, provided that the board shall make no determination on a period of ineligibility until all the licensee's appeals relating to the suspension or revocation have been exhausted.
(D) The board may, in addition to any other action taken under this section and after a hearing conducted pursuant to Chapter 119. of the Revised Code, impose a penalty of not more than fifteen hundred dollars for any violation specified in this section. The attorney general shall institute a civil action for the collection of any such penalty imposed.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4766 | State Board of Emergency Medical, Fire, and Transportation Services › Section 4766.10 | Municipal Licensing Standards.

Effective:
July 1, 2013
Latest Legislation:
House Bill 51 - 130th General Assembly
This chapter does not invalidate any ordinance or resolution adopted by a municipal corporation that establishes standards for the licensure of emergency medical service organizations as basic life-support, intermediate life-support, or advanced life-support service organizations that have their principal places of business located within the limits of the municipal corporation, as long as the licensure standards meet or exceed the standards established in this chapter and the rules adopted thereunder.
Emergency medical service organizations licensed by a municipal corporation are subject to the jurisdiction of the state board of emergency medical, fire, and transportation services, but the fees they pay to the board for licenses, permits, and renewals thereof shall not exceed fifty per cent of the fee amounts established by the board pursuant to section 4766.03 of the Revised Code. The board may choose to waive the vehicle inspection requirements and inspection fees, but not the permit fees, for the vehicles of organizations licensed by a municipal corporation.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4766 | State Board of Emergency Medical, Fire, and Transportation Services › Section 4766.12 | County, Township, Joint Ambulance District, or Joint Emergency Medical Services Districts.

Effective:
July 1, 2013
Latest Legislation:
House Bill 51 - 130th General Assembly
If a county, township, joint ambulance district, or joint emergency medical services district chooses to have the state board of emergency medical, fire, and transportation services license its emergency medical service organizations and issue permits for its vehicles pursuant to this chapter, except as may be otherwise provided, all provisions of this chapter and all rules adopted by the board thereunder are fully applicable. However, a county, township, joint ambulance district, or joint emergency medical services district is not required to obtain any type of permit from the board for any of its nontransport vehicles.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4766 | State Board of Emergency Medical, Fire, and Transportation Services › Section 4766.13 | License and Vehicle Permits for Emergency Medical Service Organization Regulated by Another State.

Effective:
July 1, 2013
Latest Legislation:
House Bill 51 - 130th General Assembly
The state board of emergency medical, fire, and transportation services, by endorsement, may license and issue vehicle permits to an emergency medical service organization or a nonemergency medical service organization that is regulated by another state. To qualify for a license and vehicle permits by endorsement, an organization must submit evidence satisfactory to the board that it has met standards in another state that are equal to or more stringent than the standards established by this chapter and the rules adopted under it.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4766 | State Board of Emergency Medical, Fire, and Transportation Services › Section 4766.14 | Ambulette Service Provider Duties - Drivers.

Effective:
April 14, 2006
Latest Legislation:
Senate Bill 87 - 126th General Assembly
(A) An ambulette service provider described in division (M) or (N) of section 4766.09 of the Revised Code or the entity responsible for a vehicle described in division (O) of section 4766.09 of the Revised Code that provides ambulette services shall do all of the following:
(1) Make available to all its ambulette drivers while operating ambulette vehicles a means of two-way communication using either ambulette vehicle radios or cellular telephones;
(2) Equip every ambulette vehicle with one isolation and biohazard disposal kit that is permanently installed or secured in the vehicle's cabin;
(3) Before hiring an applicant for employment as an ambulette driver, obtain all of the following:
(a) A valid copy of a signed statement from a licensed physician acting within the scope of the physician's practice declaring that the applicant does not have a medical condition or physical condition, including vision impairment that cannot be corrected, that could interfere with safe driving, passenger assistance, and emergency treatment activity or could jeopardize the health and welfare of a client or the general public;
(b) All of the certificates and results required under divisions (A)(2), (3), and (4) of section 4766.15 of the Revised Code.
(B) No ambulette service provider described in division (M) or the (N) of section 4766.09 of the Revised Code or entity responsible for a vehicle described in division (O) of section 4766.09 of the Revised Code that provides ambulette services shall employ an applicant as an ambulette driver if the applicant has six or more points on the applicant's driving record pursuant to section 4510.036 of the Revised Code.
(C)(1) Except as provided in division (C)(2) of this section, the department of aging shall administer and enforce this section.
(2) The department of transportation shall administer and enforce this section as it applies to entities described in division (M) of section 4766.09 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4766 | State Board of Emergency Medical, Fire, and Transportation Services › Section 4766.15 | Requirements for Ambulette Drivers.

Effective:
July 1, 2013
Latest Legislation:
House Bill 51 - 130th General Assembly
(A) An applicant for employment as an ambulette driver with an organization licensed pursuant to this chapter shall submit proof to the organization of, or give consent to the employer to obtain, all of the following:
(1)(a) A valid driver's license issued pursuant to Chapter 4506. or 4507. of the Revised Code, or its equivalent, if the applicant is a resident of another state;
(b) A recent certified abstract of the applicant's record of convictions for violations of motor vehicle laws provided by the registrar of motor vehicles pursuant to section 4509.05 of the Revised Code, or its equivalent, if the applicant is a resident of another state.
(2)(a) A certificate of completion of a course in first aid techniques offered by the American red cross or an equivalent organization;
(b) A certificate of completion of a course in cardiopulmonary resuscitation, or its equivalent, offered by an organization approved by the state board of emergency medical, fire, and transportation services.
(3) The result of a chemical test or tests of the applicant's blood, breath, or urine conducted at a hospital or other institution approved by the board for the purpose of determining the alcohol, drug of abuse, controlled substance, or metabolite of a controlled substance content of the applicant's whole blood, blood serum or plasma, breath, or urine;
(4) The result of a criminal records check conducted by the bureau of criminal identification and investigation.
(B) An organization may employ an applicant on a temporary provisional basis pending the completion of all of the requirements of this section. The length of the provisional period shall be determined by the board.
(C) An organization licensed pursuant to this chapter shall use information received pursuant to this section to determine in accordance with rules adopted by the state board of emergency medical, fire, and transportation services under section 4766.03 of the Revised Code whether an applicant is disqualified for employment.
No applicant shall be accepted for permanent employment as an ambulette driver by an organization licensed pursuant to this chapter until all of the requirements of division (A) of this section have been met.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4766 | State Board of Emergency Medical, Fire, and Transportation Services › Section 4766.17 | Requirements for Air Medical Service Organization.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
An air medical service organization licensed under this chapter that uses a rotorcraft or fixed wing air ambulance shall do both of the following:
(A) Use at a minimum a physician who holds a current, valid license issued under Chapter 4731. of the Revised Code or registered nurse who holds a current, valid license issued under Chapter 4723. of the Revised Code, and a paramedic or one other person, designated by the medical director of the air medical service organization, who holds a current, valid certificate or license to practice a health care profession in this state;
(B) Employ as a medical director an individual who holds a current, valid license issued under Chapter 4731. of the Revised Code authorizing the practice of medicine and surgery or osteopathic medicine and surgery.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4766 | State Board of Emergency Medical, Fire, and Transportation Services › Section 4766.22 | Annual Report of State Board of Emergency Medical, Fire, and Transportation Services.

Effective:
July 1, 2013
Latest Legislation:
House Bill 51 - 130th General Assembly
(A) Not later than forty-five days after the end of each fiscal year, the state board of emergency medical, fire, and transportation services shall submit a report to the governor and general assembly that provides all of the following information for that fiscal year:
(1) The number of each of the following the board issued:
(a) Basic life-support organization licenses;
(b) Intermediate life-support organization licenses;
(c) Advanced life-support organization licenses;
(d) Mobile intensive care unit organization licenses;
(e) Ambulette service licenses;
(f) Air medical service organization licenses;
(g) Ambulance permits;
(h) Nontransport vehicle permits;
(i) Ambulette vehicle permits;
(j) Rotorcraft air ambulance permits;
(k) Fixed wing air ambulance permits.
(2) The amount of fees the board collected for issuing and renewing each type of license and permit specified in division (A)(1) of this section;
(3) The number of inspections the board or a third party on the board's behalf conducted in connection with each type of license and permit specified in division (A)(1) of this section and the amount of fees the board collected for the inspections;
(4) The number of complaints that were submitted to the board;
(5) The number of investigations the board conducted under section 4766.11 of the Revised Code;
(6) The number of adjudication hearings the board held and the outcomes of the adjudications;
(7) The amount of penalties the board imposed and collected under section 4766.08 of the Revised Code;
(8) Other information the board determines reflects the board's operations.
(B) The board shall post the annual report required by this section on its web site and make it available to the public on request.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4766 | State Board of Emergency Medical, Fire, and Transportation Services › Section 4766.23 | Compliance With Law Regarding Sanctions for Human Trafficking.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
The Ohio medical transportation board shall comply with section 4776.20 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4766 | State Board of Emergency Medical, Fire, and Transportation Services › Section 4766.99 | Penalty.

Effective:
November 12, 1992
Latest Legislation:
Senate Bill 98 - 119th General Assembly
Whoever violates division (A) of section 4766.04 of the Revised Code is guilty of a minor misdemeanor on a first offense; on each subsequent offense, such person is guilty of a misdemeanor of the fourth degree.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4767 | Cemetery Registration › Section 4767.01 | Cemetery Registration Definitions.

Effective:
October 29, 2018
Latest Legislation:
House Bill 168 - 132nd General Assembly
As used in sections 4767.01 to 4767.11 of the Revised Code:
(A) "Cemetery," "interment," "burial right," "entombment right," "columbarium right," and "human remains" have the same meanings as in section 1721.21 of the Revised Code.
(B) "Political subdivision" means one or more municipal corporations, townships, or other bodies corporate and politic authorized to operate and maintain a cemetery under the law of this state.
(C) "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."
(D) "Superintendent" or "superintendent of the division 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.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4767 | Cemetery Registration › Section 4767.031 | Registration of Persons Engaged to Sell Interment Rights.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) The owner or the person responsible for the operation of each cemetery required to register under section 4767.03 of the Revised Code shall provide the division of real estate in the department of commerce, on a form prescribed by the division, at the same time the owner or other person applies for registration or renewal of registration as required by section 4767.03 of the Revised Code, a list of the names and residence addresses of all persons employed or otherwise engaged by the cemetery to sell interment rights. The provision of this information constitutes the registration of these persons to sell interment rights.
In order for an independent contractor to sell interment rights for a cemetery, the cemetery shall sponsor and register the independent contractor with the division. More than one cemetery may sponsor and register the same independent contractor. The division shall register an independent contractor in accordance with Chapter 4796. of the Revised Code if either of the following applies:
(1) The individual is licensed or registered in another state.
(2) The individual has satisfactory work experience, a government certification, or a private certification as described in that chapter as an independent contractor selling interment rights for a cemetery in a state that does not issue that license or registration.
(B) The owner or the person responsible for the operation of each cemetery required to register under section 4767.03 of the Revised Code shall provide the division with a revised list of the names and residence addresses of all persons employed or otherwise engaged by the cemetery to sell interment rights within the calendar quarter immediately following the date of the termination of the cemetery's relationship with an existing salesperson or the commencement of a relationship with a new salesperson. As used in this division, "calendar quarter" means the three-month period that commences on the first day of each January, April, July, and October.
Last updated December 29, 2023 at 5:46 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4767 | Cemetery Registration › Section 4767.04 | Qualifications of Registrants.

Effective:
October 29, 2018
Latest Legislation:
House Bill 168 - 132nd General Assembly
(A) To qualify a cemetery for a certificate of registration, the applicant shall submit to the division of real estate the following information:
(1) The name of the cemetery;
(2) The street address, city, village, or township, and county where the cemetery is located, and the mailing address if different from the street address;
(3) The name and address of the person who owns the cemetery;
(4) The name and address of the person responsible for the operation and maintenance of the cemetery;
(5) A copy of the cemetery's financial statement, including account statements, for the previous fiscal year if required by the division of real estate pursuant to section 1721.211 of the Revised Code. If the cemetery is owned by a cemetery company or association, a copy of the financial statement, including account statements, for the previous fiscal year of all of the assets and investments of the endowment care trust of the company or association as prepared pursuant to division (J)(1) of section 1721.21 of the Revised Code shall be submitted to the division.
(6) A copy of the cemetery's current rules and regulations provided in written or electronic format;
(7) A copy of the cemetery's endowment care trust fund agreement required under section 1721.21 of the Revised Code and preneed cemetery merchandise and services trust fund agreement required under section 1721.211 of the Revised Code;
(8) If required under section 1721.21 or 1721.211 of the Revised Code, proof that trustees who are individuals are bonded or insured as required.
(B) If any of the information required in divisions (A) (1) to (A)(5) of this section changes at any time, the owner or the person responsible for the operation and maintenance of the cemetery shall submit written notification of the change to the division within thirty days of the change occurring. The owner or the person responsible for the operation and maintenance of the cemetery shall submit to the division annually with the cemetery's registration renewal any revised rules and regulations, revised trust agreements, or revised proof of bonding or insurance.
(C) In addition to satisfying the requirements set forth in divisions (A) and (B) of this section, if a political subdivision intends to acquire additional land to increase the size of an existing cemetery that it is operating and maintaining or intends to open a new cemetery, its governing body shall notify the division at least thirty days before the acquisition or opening to renew the registration of the existing cemetery or to register the new cemetery.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4767 | Cemetery Registration › Section 4767.07 | Complaints.

Effective:
October 29, 2018
Latest Legislation:
House Bill 168 - 132nd General Assembly
(A) Any person may file a complaint regarding the activity, practice, policy, or procedure of, or regarding an alleged violation of section 1721.19, 1721.20, 1721.21, 1721.211, 4735.02, 4767.02, or 4767.09 of the Revised Code by, any person operating or maintaining a cemetery registered, or a cemetery that is not registered but is required to be registered pursuant to section 4767.03 of the Revised Code that adversely affects or may adversely affect the interest of an owner or family member of the owner of a cemetery lot or burial, entombment, or columbarium right. All complaints shall be in writing and submitted to the division of real estate in the department of commerce on forms provided by the division.
(B) With respect to complaints filed pursuant to division (A) of this section, the division of real estate shall do all of the following:
(1) Acknowledge receipt of the complaint by sending written notice to the person who filed the complaint not more than twenty days after receipt of the complaint;
(2) Send written notice of the complaint within seven days after receipt of the complaint to the person responsible for the operation and maintenance of the cemetery that is the subject of the complaint;
(3) Before taking further action, allow the owner or the person responsible for the operation and maintenance of the cemetery that is the subject of a complaint thirty days after the date the division sends notice of the complaint to respond to the division with respect to the complaint.
(C) The cemetery dispute resolution commission shall hear each complaint filed pursuant to division (A) of this section within one hundred eighty days after its filing, unless it has been resolved by the parties to the complaint.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4767 | Cemetery Registration › Section 4767.08 | Conduct of Investigations.

Effective:
October 29, 2018
Latest Legislation:
House Bill 168 - 132nd General Assembly
(A) The superintendent of the division of real estate in the department of commerce or the Ohio cemetery dispute resolution commission, on the superintendent's or commission's own motion or as a result of a complaint received pursuant to section 4767.07 of the Revised Code and with good cause shown, shall investigate or cause to be investigated alleged violations of sections 1721.19, 1721.20, 1721.21, 1721.211, 4735.02, 4767.02, 4767.03, and 4767.09 of the Revised Code. If the commission or the superintendent believes that a violation has occurred, the commission or superintendent shall do all of the following:
(1) Review the financial records of the cemetery to ensure compliance with sections 1721.21 and 1721.211 of the Revised Code;
(2) Request the prosecuting attorney of the county in which the alleged violation occurred to initiate such proceedings as are appropriate.
(B) If, as a result of an investigation, the commission or the superintendent believes that a person has violated Chapter 1345. of the Revised Code, the commission or superintendent shall report the findings to the attorney general.
(C) The commission, at any time, may dismiss a complaint if it determines there is not good cause shown for the complaint. If the commission dismisses a complaint, it shall notify the person who filed the complaint within twenty days of reaching its decision and identify the reason why the complaint was dismissed.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4767 | Cemetery Registration › Section 4767.09 | Reasonable Maintenance.

Effective:
October 29, 2018
Latest Legislation:
House Bill 168 - 132nd General Assembly
(A) The owner or person responsible for the operation of a cemetery registered with the division of real estate in the department of commerce shall provide reasonable maintenance of the cemetery property and of all lots, graves, mausoleums, scattering grounds, and columbaria in the cemetery based on the type and size of the cemetery, topographic limitation, and contractual commitments with consumers.
(B) In determining whether the owner or person responsible for the operation of a cemetery registered with the division provides reasonable maintenance of the cemetery property, the division or the cemetery dispute resolution commission may consider all of the following:
(1) The size of the cemetery;
(2) The type of cemetery;
(3) The extent and use of available financial resources;
(4) The contractual obligations for care and maintenance of the owner or person responsible for the operation of the registered cemetery;
(5) The standard of maintenance of one or more similarly situated cemeteries. In determining whether a cemetery is similarly situated, the division shall consider the cemetery's size, type, location, topography, and financial resources.
(6) The suggested maintenance guidelines the commission publishes under division (H) of section 4767.06 of the Revised Code;
(7) Other sections of the Revised Code related to cemetery maintenance.
(C) The owner or person responsible for the operation of the cemetery registered with the division, in the course of providing reasonable maintenance, may not preclude the exercise of lawful rights by the owner of an interment, inurnment, or entombment right, or by the decedent's immediate family or other heirs in accordance with the rules and regulations of the cemetery or other agreement of the cemetery authority.
(D) In the case of a cemetery or any portion of a cemetery dedicated as a nature preserve, reasonable maintenance by the owner or person responsible for the operation of the cemetery shall be in accordance with the regulations of the cemetery or the master plan governing the cemetery.
(E) A cemetery shall maintain electronic or paper cemetery records pertaining to interment, entombment, or inurnment right owners and interment, entombment, or inurnment records indicating the deceased's name, place of death, and date and location of the interment, entombment, or inurnment in the cemetery's office. Records may be maintained in an electronic formation only if the electronic copies are true copies of the original documents.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4767 | Cemetery Registration › Section 4767.10 | Cemetery Grant Fund.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The division of real estate in the department of commerce shall use one dollar of each burial permit fee collected pursuant to section 3705.17 of the Revised Code and paid into the state treasury to the credit of the cemetery registration fund created under section 4767.03 of the Revised Code to advance grants to cemeteries registered with the division to defray the costs of exceptional cemetery maintenance or training cemetery personnel in the maintenance and operation of cemeteries. The division may not provide a grant to a corporation or association that operates a cemetery for profit. The division shall advance grants from the cemetery registration fund in accordance with rules adopted by the Ohio cemetery dispute resolution commission under Chapter 119. of the Revised Code.
(B) The director of commerce may increase, by rule adopted under Chapter 119. of the Revised Code, the amount of total grants the division may advance in a fiscal year if the director determines the total amount of funds generated exceeds the amount of funds the division needs to carry out its powers and duties under this section. If the director determines the increased amount depletes the amount of funds the division needs to carry out its powers and duties under this section, the director may decrease the amount not below the amount specified in division (A) of this section.
Last updated October 4, 2023 at 3:58 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4767 | Cemetery Registration › Section 4767.11 | Ceased Operations.

Effective:
October 29, 2018
Latest Legislation:
House Bill 168 - 132nd General Assembly
Upon receipt of information that the owner or person responsible for the operation of a registered cemetery or a cemetery that was required to be registered has ceased operation of that cemetery, the division of real estate in the department of commerce may investigate for purposes of determining the cemetery's current status.
If the division finds evidence that the cemetery has ceased operation and a municipal corporation or township has not assumed day-to-day management of the cemetery, the division may apply to the court of common pleas of the county in which the cemetery is located for appointment of a temporary receiver or trustee. The order appointing the temporary receiver or trustee shall order the trustee or trustees of the endowment care trust of the cemetery to make distributions to the receiver or trustee in accordance with section 1721.21 of the Revised Code.
The receiver shall only be paid from the income of interest and dividends in the endowment care trust being held pursuant to section 1721.21 of the Revised Code. The receiver may not invade the principal or capital gains of the trust.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4767 | Cemetery Registration › Section 4767.99 | Penalty.

Effective:
October 20, 1999
Latest Legislation:
House Bill 18 - 123rd General Assembly
Whoever violates division (A) of section 4767.02 of the Revised Code is guilty of a misdemeanor of the third degree.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4768 | Appraisal Management Companies › Section 4768.02 | Prohibited Acts.

Effective:
December 14, 2018
Latest Legislation:
House Bill 213 - 132nd General Assembly
(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) An appraisal management company that is a federally regulated appraisal management company;
(2) Any person that exclusively employs appraisers on an employer and employee basis for the performance of appraisals;
(3) Any person engaged in appraisal services who, in the n ormal course of business, enters into an agreement, whether written or otherwise, with an independent appraiser for the performance of appraisal services that the hiring or contracting person is not completing for any reason, including competency, work load, schedule, or geographic location. Division (B)(3) of this section applies only to an appraiser and to that appraiser's business entity provided that entity is engaging in real estate appraisal services, not appraisal management services;
(4) Any person engaged in appraisal services who, in the normal course of business, enters into an agreement, whether written or otherwise, with an independent contractor appraiser for the performance of appraisal services and, upon the completion of the appraisal, the report of the independent contractor appraiser performing the appraisal services is cosigned by the person who subcontracted with the independent contractor appraiser for the performance of the appraisal services. An appraisal management company shall not avoid the requirements of this division by requiring an employee of the appraisal management company, who is an appraiser, to sign the appraisal that has been completed by an appraiser that is part of the appraisal panel for the appraisal management company.
(5) Any appraiser engaged in mass appraisal services under the direction of the tax commissioner or a county auditor.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4768 | Appraisal Management Companies › Section 4768.03 | Duties of Real Estate Appraiser Board.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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, but not limited to, 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 (L) 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.;
(5) Rules regarding consent to service of process for appraisal management companies in accordance with division (A)(6) of section 4768.06 of the Revised Code.
(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.
Last updated October 4, 2023 at 3:58 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4768 | Appraisal Management Companies › Section 4768.08 | Grounds for Denial of License.

Effective:
December 14, 2018
Latest Legislation:
House Bill 213 - 132nd General Assembly
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 i n 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.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4768 | Appraisal Management Companies › Section 4768.09 | Removal of Appraiser From Appraiser Panel.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) 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:
(1) Notifying the appraiser in writing of the reasons the appraiser is being removed from the appraiser panel or is refused assignment requests for appraisal services;
(2) Providing the appraiser with an opportunity to respond to that notification, in writing, within ten business days after the appraisal management company sends the removal notification.
(B) The notice described in division (A)(1) of this section shall be sent by a delivery system that delivers letters, packages, and other materials in its ordinary course of business with traceable delivery and signature receipt. An appraisal management company that sends such notice shall keep a copy of the notice for at least five years from the date the notice is sent to the appraiser.
(C) Nothing in this section prohibits an appraisal management company from suspending an appraiser from receiving assignment requests during the period described in division (A)(2) of this section.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4768 | Appraisal Management Companies › Section 4768.10 | Recordkeeping.

Effective:
December 14, 2018
Latest Legislation:
House Bill 213 - 132nd General Assembly
(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 assignment 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 or, if the assignment is generated by an automated system, the name of that system;
(2) The amount of any fee paid to the appraiser for each assignment included in the appraisal assignment 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 appraisal assignment file.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4768 | Appraisal Management Companies › Section 4768.12 | Compensation of Appraisers.

Effective:
December 14, 2018
Latest Legislation:
House Bill 213 - 132nd General Assembly
(A) An appraisal management company licensed under this chapter shall compensate 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 in accordance with the appraisal independence standards established under section 129e of the "Truth in Lending Act," 82 Stat. 146, 15 U.S.C. 1639e.
(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.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4768 | Appraisal Management Companies › Section 4768.15 | Deposits to Real Estate Appraiser Operating Fund.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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 operating fund created under section 4735.211 of the Revised Code.
Last updated October 3, 2023 at 1:49 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4768 | Appraisal Management Companies › Section 4768.99 | Violations; Penalties.

Effective:
December 14, 2018
Latest Legislation:
House Bill 213 - 132nd General Assembly
(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.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4769 | Balance Billing of Medicare Beneficiaries › Section 4769.02 | Balance Billing for Supplies and Services.

Effective:
November 24, 1995
Latest Legislation:
Senate Bill 150 - 121st General Assembly
No health care practitioner, and no person that employs any health care practitioner, shall balance bill for any supplies or service provided to a medicare beneficiary.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4769 | Balance Billing of Medicare Beneficiaries › Section 4769.05 | Health Care Records.

Effective:
January 14, 1993
Latest Legislation:
House Bill 478 - 119th General Assembly
(A) Health care practitioners and their employers shall make available to the department of health to inspect and copy, medical, professional, financial, and business records that are reasonably related to determining whether the practitioner or employer has violated section 4769.02 of the Revised Code.
(B) No person shall fail to comply with division (A) of this section.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4769 | Balance Billing of Medicare Beneficiaries › Section 4769.06 | Powers of Department of Health.

Effective:
July 1, 2009
Latest Legislation:
House Bill 525 - 127th General Assembly
In investigating possible violations of section 4769.02 of the Revised Code or conducting hearings under section 4769.03 of the Revised Code, the department of health may administer oaths, order the taking of depositions, and issue subpoenas compelling attendance of witnesses or production of documents. The subpoenas shall be served in the same manner as subpoenas and subpoenas duces tecum issued for a trial of a civil action in a court of common pleas. The department shall pay each witness who appears before the department in obedience to a subpoena the fees and mileage provided under section 119.094 of the Revised Code.
If a person who is served a subpoena fails to attend a hearing or to produce documents, or refuses to be sworn or to answer any question put to the person, the department may apply to the court of common pleas of the county in which the person resides, or the county in which the hearing under division (B) of section 4769.03 of the Revised Code is conducted, for a contempt order, as in the case of a failure of a person who is served a subpoena issued by the court to attend or to produce documents or a refusal of such person to testify.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4769 | Balance Billing of Medicare Beneficiaries › Section 4769.07 | Confidential Information.

Effective:
November 24, 1995
Latest Legislation:
Senate Bill 150 - 121st General Assembly
The department of health shall conduct all investigations and hearings under section 4769.03 of the Revised Code in a manner that protects patient confidentiality. The department shall not make public the names or other identifying information about a patient unless the patient consents. Consent is not required for the release of the information if the department determines that it possesses reliable and substantial evidence that no bona fide health care practitioner-patient relationship exists.
When the department publicly reprimands a violator pursuant to division (C)(1) of section 4769.03 of the Revised Code, it shall not make public the name or any other identifying information about a patient.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4769 | Balance Billing of Medicare Beneficiaries › Section 4769.08 | Costs of Investigation and Adjudication.

Effective:
January 14, 1993
Latest Legislation:
House Bill 478 - 119th General Assembly
In the case of a violator of section 4769.02 of the Revised Code who elected a hearing under division (B) of section 4769.03 of the Revised Code, an adjudication order issued under division (C) or (D) of section 4769.03 of the Revised Code may, in addition to imposing the penalties specified in those divisions, require the violator to pay the reasonable costs, not exceeding twenty-five thousand dollars, of the investigation and adjudication conducted under division (B) of that section. If a health care practitioner or employer elected a hearing under division (B) of that section and was found not to have violated section 4769.02 of the Revised Code, the department of health may pay the health care practitioner's or employer's reasonable costs, not to exceed twenty-five thousand dollars, including attorneys' fees, associated with the conduct of the investigation and adjudication.
Notwithstanding section 119.12 of the Revised Code, the filing of a judicial appeal of an adjudication order issued under section 4769.03 of the Revised Code shall operate as a suspension of the adjudication order pending the outcome of the appeal.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4769 | Balance Billing of Medicare Beneficiaries › Section 4769.09 | Depositing Penalties and Costs.

Effective:
July 1, 1993
Latest Legislation:
House Bill 152 - 120th General Assembly
Unless a judicial appeal is pending, all monetary penalties imposed under division (C)(3) or (D) of section 4769.03 of the Revised Code and all costs ordered to be paid pursuant to section 4769.08 of the Revised Code shall be paid to the department of health not later than thirty days after the department issues the adjudication order imposing the penalties or ordering the payment of costs. The department shall deposit the penalties and recovered costs into the state treasury to the credit of the general operations fund created by section 3701.83 of the Revised Code. The penalties and recovered costs shall be used solely to administer and enforce this chapter.