reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4703 | Architects › Section 4703.544 | Satisfaction and Release of Landscape Architect Lien.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 49 - 134th General Assembly
(A) When a claim underlying a lien perfected pursuant to section 4703.542 of the Revised Code is satisfied, the landscape architect holding the lien shall record a written release of the landscape architect's lien in the county recorder's office of the county in which the lien was recorded.
(B) The landscape architect shall file the lien release for recording within thirty days after the underlying claim is satisfied.
(C) The county recorder shall record the release and charge and collect from the landscape architect the fees set forth in section 317.32 of the Revised Code for the recorder's services.
Last updated July 14, 2021 at 12:34 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4703 | Architects › Section 4703.545 | Landscape Architect Lien Release Affidavit.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 49 - 134th General Assembly
(A) When a claim underlying a lien established pursuant to section 4703.541 of the Revised Code is satisfied, regardless of whether or not the landscape architect holding the lien records a written release pursuant to section 4703.544 of the Revised Code, or when such a lien is extinguished pursuant to section 4703.543 of the Revised Code, any person with an interest in the commercial real estate that was the subject of the lien, or named in the affidavit recorded pursuant to section 4703.542 of the Revised Code, may record an affidavit stating that the underlying claim was satisfied or that the lien was released by operation of law in the county recorder's office of the county in which the commercial real estate is located.
(B) The county recorder shall record the affidavit and charge and collect from the person filing the affidavit the fees set forth in section 317.32 of the Revised Code for the recorder's services.
(C) The fact that a claim underlying a lien is satisfied or that a lien is extinguished by operation of law does not affect any other right or appropriate action, such as for breach of contract.
Last updated July 14, 2021 at 12:34 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4703 | Architects › Section 4703.546 | Substitution of Financial Security for Landscape Architect Lien.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 49 - 134th General Assembly
(A) Any person with an interest in commercial real estate on which a lien has been perfected pursuant to section 4703.542 of the Revised Code, or named in the affidavit required under that section, may apply to the common pleas court of the county in which the commercial real estate is located to substitute financial security for the lien.
(B) The substitute security shall be in the amount equal to the landscape architect's claim, and in a form such as an escrow account or surety bond held by the clerk of courts or other party as determined adequate by the court.
(C) The court, in its entry approving the substitute security, shall direct the release of the lien.
(D)(1) The person substituting the security shall file the entry and release for recording in the office of the county recorder of the county in which the commercial real estate is located.
(2) The county recorder shall record the entry and release and charge and collect from the person filing the entry and release for recording the fees set forth in section 317.32 of the Revised Code for the recorder's services.
Last updated July 14, 2021 at 12:35 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4703 | Architects › Section 4703.99 | Penalty.

Effective:
December 19, 2013
Latest Legislation:
Senate Bill 68 - 130th General Assembly
(A) Whoever violates division (A) of section 4703.18 or section 4703.411 of the Revised Code is guilty of a misdemeanor of the third degree; for each subsequent offense such person is guilty of a misdemeanor of the first degree.
(B) Whoever violates section 4703.32 of the Revised Code shall be fined not less than fifty nor more than two hundred dollars for the first offense; for each subsequent offense such person shall be fined not less than two hundred nor more than five hundred dollars.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4705 | Attorneys › Section 4705.01 | Practice of Law - Prohibited Acts.

Effective:
August 17, 2006
Latest Legislation:
House Bill 235 - 126th General Assembly
No person shall be permitted to practice as an attorney and counselor at law, or to commence, conduct, or defend any action or proceeding in which the person is not a party concerned, either by using or subscribing the person's own name, or the name of another person, unless the person has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules. Except as provided in section 4705.09 of the Revised Code or in rules adopted by the supreme court, admission to the bar shall entitle the person to practice before any court or administrative tribunal without further qualification or license.
No sheriff shall practice as an attorney at law in any court of this state, and no clerk of the supreme court or court of common pleas, or the deputy of either, shall practice in the particular court of which that person is clerk or deputy.
No coroner in a county with a population of one hundred seventy-five thousand one or more who elects not to engage in the private practice of medicine pursuant to section 325.15 of the Revised Code shall practice as an attorney at law during the period in which the coroner may not engage in the private practice of medicine.
No judge of any court of record in this state shall engage in the practice of law during the judge's term of office, either by appearing in court, by acting as advisory or consulting counsel for attorneys or others, by accepting employment or acting as an attorney, solicitor, collector, or legal advisor for any bank, corporation, or loan or trust company, or by otherwise engaging in the practice of law in this state, in or out of the courts, except as provided in section 1901.11 of the Revised Code.
A judge may complete any business undertaken by the judge in the United States district court, the United States circuit court of appeals, or the supreme court of the United States prior to the judge's election as judge.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4705 | Attorneys › Section 4705.02 | Suspension or Removal.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The supreme court, court of appeals, or court of common pleas may suspend or remove an attorney at law from office or may give private or public reprimand to him as the nature of the offense may warrant, for misconduct or unprofessional conduct in office involving moral turpitude, or for conviction of a crime involving moral turpitude. Such suspension or removal shall operate as a suspension or removal in all the courts of the state. The clerk of court upon such suspension or removal shall send a copy thereof to the supreme court, the court of appeals, and to the federal court of the district in which said attorney resided at the time of trial for such action as is warranted. Judges of such state courts are required to cause proceedings to be instituted against an attorney, when it comes to the knowledge of any judge or when brought to his knowledge by the bar association of the county in which such attorney practices that he may be guilty of any of the causes for suspension, removal, or reprimand.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4705 | Attorneys › Section 4705.021 | Effect of Child Support Default on License.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) As used in this section:
(1) "Disciplinary counsel" means the disciplinary counsel appointed by the board of commissioners on grievances and discipline of the supreme court under the Rules for the Government of the Bar of Ohio.
(2) "Certified grievance committee" means a duly constituted and organized committee of the Ohio state bar association or of one or more local bar associations of the state that complies with the criteria set forth in rule V, section 3 of the Rules for the Government of the Bar of Ohio.
(3) "Child support order" has the same meaning as in section 3119.01 of the Revised Code.
(B) If an individual who has been admitted to the bar by order of the supreme court in compliance with its published rules is determined pursuant to sections 3123.01 to 3123.07 of the Revised Code by a court or child support enforcement agency to be in default under a support order being administered or handled by a child support enforcement agency, that agency may send a notice listing the name and social security number or other identification number of the individual and a certified copy of the court or agency determination that the individual is in default to the secretary of the board of commissioners on grievances and discipline of the supreme court and to either the disciplinary counsel or the president, secretary, and chairperson of each certified grievance committee if both of the following are the case:
(1) At least ninety days have elapsed since the final and enforceable determination of default;
(2) In the preceding ninety days, the obligor has failed to pay at least fifty per cent of the total monthly obligation due through means other than those described in sections 3123.81 to 3123.85 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4705 | Attorneys › Section 4705.03 | Procedure for Suspension or Removal.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Before an attorney at law is suspended or removed, or publicly or privately reprimanded, written charges must be filed against him, stating distinctly the grounds of complaint, and a copy thereof, certified by the clerk, under the seal of the court, served upon him. After such service, such attorney shall be allowed a reasonable time to collect and present testimony in his own defense, and he shall be heard by himself or counsel.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4705 | Attorneys › Section 4705.04 | Appeals.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In case of suspension or removal of an attorney at law by the court of common pleas, an appeal on questions of law may be had to the court of appeals, and the sentence of either the court of common pleas or the court of appeals, may be reviewed on appeal on questions of law in the supreme court. If such suspended or removed attorney shall desire a modification of the decree of suspension or removal, he shall file a written motion therefor in the court which entered such decree.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4705 | Attorneys › Section 4705.05 | Costs and Expenses.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The court in which charges or written motion is filed in accordance with sections 4705.03 and 4705.04 of the Revised Code, shall allow to the persons appointed to file and prosecute the charges, or to resist the modification of any decrees, for their services in either case, a reasonable sum, not exceeding one hundred dollars, to each person, together with the costs and expenses incurred by him in such proceedings. The amounts allowed shall be paid from the county treasury of the county wherein such proceedings are had, upon the warrant of the county auditor. If such charges or motion is filed in the supreme court, such allowances shall be paid from the state treasury.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4705 | Attorneys › Section 4705.06 | Liability of Attorneys.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a suit is dismissed for the nonattendance of an attorney at law practicing in any court of record, it shall be at his costs, if he has not a just and reasonable excuse. He shall be liable for all damages his client sustains by such dismissal, or any other neglect of his duty, to be recovered in any court of record. Such attorney receiving money for his client, and refusing or neglecting to pay it when demanded, shall be proceeded against in a summary way, on motion, before any court of record, either in the county in which the judgment on which such money has been collected was rendered, or in the county in which such attorney resides, in the same manner and be liable to the same penalties as sheriffs and coroners are for money received on execution.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4705 | Attorneys › Section 4705.15 | Contingent Fee Agreements.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
(A) As used in this section:
(1) "Contingent fee agreement" means an agreement for the provision of legal services by an attorney under which the compensation of the attorney is contingent, in whole or in part, upon a judgment being rendered in favor of or a settlement being obtained for the client and is either a fixed amount or an amount to be determined by a specified formula, including, but not limited to, a percentage of any judgment rendered in favor of or settlement obtained for the client.
(2) "Tort action" means a civil action for damages for injury, death, or loss to person or property. "Tort action" includes a product liability claim that is subject to sections 2307.71 to 2307.80 of the Revised Code, but does not include a civil action for damages for a breach of contract or another agreement between persons.
(B) If an attorney and a client contract for the provision of legal services in connection with a claim that is or may become the basis of a tort action and if the contract includes a contingent fee agreement, that agreement shall be reduced to writing and signed by the attorney and the client. The attorney shall provide a copy of the signed writing to the client.
(C) If an attorney represents a client in connection with a claim as described in division (B) of this section, if their contract for the provision of legal services includes a contingent fee agreement, and if the attorney becomes entitled to compensation under that agreement, the attorney shall prepare a signed closing statement and shall provide the client with that statement at the time of or prior to the receipt of compensation under that agreement. The closing statement shall specify the manner in which the compensation of the attorney was determined under that agreement, any costs and expenses deducted by the attorney from the judgment or settlement involved, any proposed division of the attorney's fees, costs, and expenses with referring or associated counsel, and any other information that the attorney considers appropriate.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4705 | Attorneys › Section 4705.99 | Penalty.

Effective:
September 15, 2004
Latest Legislation:
House Bill 38 - 125th General Assembly
Whoever violates division (A)(1) or (2) of section 4705.07 of the Revised Code is guilty of a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.021 | Real Property Auctions.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
Only an auctioneer who is licensed under this chapter and who is licensed as a real estate broker or a real estate salesperson under Chapter 4735. of the Revised Code shall sign an auction contract for the sale of real property at auction. A real estate broker who is licensed under Chapter 4735. of the Revised Code, but who is not licensed as an auctioneer under this chapter shall not sign an auction contract or conduct an auction, but may contract for the sale of real property at auction only if either of the following applies:
(A) The auctioneer who signs the auction contract and who conducts the auction is a salesperson licensed under Chapter 4735. of the Revised Code and is associated with the real estate broker who contracts for the sale of real property.
(B) The real estate broker enters into a cooperative agreement with another real estate broker licensed under Chapter 4735. of the Revised Code with whom an auctioneer licensed under this chapter is associated and the auctioneer is solely responsible for signing the auction contract and conducting the auction.
Nothing in this section shall be construed to permit a business to contract for the sale of real property at auction through an individual who is not licensed under this chapter and Chapter 4735. of the Revised Code.
Last updated July 7, 2022 at 2:05 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.022 | Reserve Auction Presumed - Absentee Bidding - Agent of Owner or Consignee.

Effective:
May 6, 2005
Latest Legislation:
Senate Bill 209 - 125th General Assembly
(A) An auction shall be a reserve auction unless explicitly stated otherwise in the contract for the auction and in the terms and conditions governing the auction. For purposes of a reserve auction, there need not be an announcement or indication that the reserve is attained.
(B) A person licensed under this chapter shall not use absentee bidding unless the owner of the real or personal property being sold provides prior written permission to use absentee bidding.
(C) A person licensed under this chapter shall be an agent of the owner or consignee of the real or personal property for purposes of all aspects of the auction.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.024 | Deposit of Auction Proceeds in Escrow or Trust Account - Disbursement.

Effective:
May 6, 2005
Latest Legislation:
Senate Bill 209 - 125th General Assembly
(A) Not later than seventy-two hours after the end of an auction, a person licensed under this chapter shall deposit in one or more trust or escrow accounts all money received from the sale of an owner's or consignee's personal property at auction unless the licensee pays the money to the owner or consignee immediately after the end of the auction.
(B) For purposes of this section, a person licensed under this chapter shall designate a trust or escrow account that contains an owner's or consignee's money as "client trust account" or with words of similar meaning. In addition, a trust or escrow account only shall contain money received from the sale of personal property at auction that has not been disbursed and money for expenses regarding the auction, including commission and advertisement fees, that are specifically delineated in the auction contract.
(C) Except for the payment of money to the owner or consignee immediately after the end of the auction, a person licensed under this chapter shall pay the owner or consignee with money from the client's trust or escrow account. In addition, the licensee may pay expenses, including commission and advertisement fees, that are specifically delineated in the auction contract with money from the trust or escrow account. Money in the trust or escrow account shall not be disbursed for any purpose that is inconsistent with this section. In addition, the money shall not be commingled with the licensee's personal or business money. In administering the trust or escrow account, the licensee shall keep detailed records that show deposits, withdrawals, and interest accrued, if applicable.
Unless otherwise agreed to by the parties in the auction contract or by the direction of a court of law, all money deposited into a trust or escrow account shall be disbursed to the seller not later than fifteen days after the auction.
(D) Money from the sale of personal property at auction may be deposited in an interest bearing account if the parties to the auction contract specifically agree to such a deposit. Interest earned in the account shall be credited to the seller unless otherwise agreed to by the parties in the auction listing contract. The interest credited to the account may remain in the account for a period of sixty days after the seller receives the money from the account. The interest money then shall be disbursed according to the terms of the auction contract.
(E) All money received in connection with the sale of real property at auction shall be deposited in a broker's special or trust bank account in a depository located in this state that is described in division (A)(26) of section 4735.18 of the Revised Code.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.03 | State Auctioneers Commission.

Effective:
May 6, 2005
Latest Legislation:
Senate Bill 209 - 125th General Assembly
A state auctioneers commission shall be created within the department of agriculture as follows:
(A) The governor, with the advice and consent of the senate, shall appoint a commission consisting of five members, each of whom immediately prior to the date of appointment has been a resident of this state for at least five years. Four members shall have been an auctioneer for a period of at least five years prior to appointment. One member shall be a member of the public who represents the interests of consumers, is not licensed under this chapter, does not have any management responsibility in the auctioneering industry, does not formulate any policy of the auctioneering industry, does not have a financial interest in the auctioneering industry, and does not have any other connection with the auctioneering profession.
(B) Terms of office shall be for three years, commencing on the tenth day of October and ending on the ninth day of October. Of the two additional appointments made after the effective date of this amendment, one shall be for a term ending on the ninth day of October in the first year following the appointment, and one shall be for a term ending on the ninth day of October in the second year following the appointment. Thereafter, each term of office shall be for three years, commencing on the tenth day of October.
Each member shall hold office from the date of appointment until the end of the term for which appointed. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. A member appointed for a term commencing on or after October 10, 2005, shall not serve more than three consecutive terms.
(C) At no time shall there be more than three members of the same political party serving on the commission.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.04 | Organization of Commission; Standards for Courses of Study.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
(A) The state auctioneers commission shall, upon qualification of the member or members appointed in each year, select from its members a chairperson, and shall serve in an advisory capacity to the department of agriculture for the purpose of carrying out this chapter. The commission shall meet not less than four times annually.
(B)(1) The commission shall establish requirements and standards for both of the following:
(a) Courses of study in auctioneering;
(b) Courses of study for purposes of continuing education under section 4707.101 of the Revised Code.
(2) The commission triennially shall review the courses of study that are offered at institutions and continuing education providers in order to determine whether the courses comply with the requirements and standards established under division (B)(1) of this section. The commission shall approve institutions and continuing education providers that offer courses that comply with the requirements and standards. If an institution or continuing education provider is not approved, the institution or continuing education provider may reapply for approval within a year of the disapproval. If at that time the commission approves the institution or continuing education provider, the institution or continuing education provider shall be approved for the remainder of the triennial period. The commission, prior to the triennial review, may place on probationary status or revoke the approval of any institution or continuing education provider that provides a course of study if the institution or continuing education provider fails to comply with the requirements and standards established under division (B)(1) of this section.
(C) Each commissioner shall receive the commissioner's actual and necessary expenses incurred in the discharge of the commissioner's duties. Each commissioner also shall receive a per diem salary from the auctioneers fund created in section 4707.05 of the Revised Code for each meeting attended. The director of agriculture shall adopt rules in accordance with Chapter 119. of the Revised Code establishing the per diem salary.
(D) The commission may form subcommittees for purposes of research, education, and promotion of the auctioneering profession. If a majority of the members of the commission approves, the members of a subcommittee may be reimbursed from the auction education fund created in section 4707.171 of the Revised Code for the actual and necessary expenses incurred in the discharge of their duties.
(E) Serving as a member of the commission does not constitute holding a public office or position of employment under the laws of this state and does not constitute grounds for removal of public officers or employees from their offices or positions of employment.
(F) The commission may advise the director on actions of the director as required under this chapter.
Last updated August 17, 2022 at 10:17 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.05 | Auctioneers Fund.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
Except as otherwise provided in section 4707.25 of the Revised Code, all fees and charges collected by the department of agriculture pursuant to this chapter shall be paid into the state treasury to the credit of the auctioneers fund, which is hereby created. All expenses incurred by the department in administering this chapter shall be paid out of the fund. The total expenses incurred by the department in the administration of this chapter shall not exceed the total fees, charges, fines, and penalties imposed under sections 4707.08, 4707.10, and 4707.99 of the Revised Code and paid to the treasurer of state. The department may conduct education programs for the enlightenment and benefit of all auctioneers who have paid fees pursuant to sections 4707.08 and 4707.10 of the Revised Code.
Last updated July 7, 2022 at 2:06 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.06 | Record of Auctioneers.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
The department of agriculture shall maintain a record of the names and addresses of all auction firms and auctioneers licensed by the department. This record shall also include a list of all persons whose licenses have been suspended or revoked as well as any other information relative to the enforcement of this chapter that the department considers of interest to the public.
Last updated July 7, 2022 at 2:07 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.07 | Auctioneer License.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) The department of agriculture may grant an auctioneer's license to an individual who is determined to be qualified by the department. Each individual who applies for an auctioneer's license shall furnish to the department, on forms provided by the department, satisfactory proof that the applicant:
(1) Has attained the age of at least eighteen years;
(2) Has successfully completed a course of study in auctioneering at an institution that is approved by the state auctioneers commission.
(3) Has a general knowledge of the following:
(a) The requirements of the Revised Code relative to auctioneers;
(b) The auction profession;
(c) The principles involved in conducting an auction;
(d) Any local and federal laws regarding the profession of auctioneering.
(4) Has satisfied the financial responsibility requirements established under section 4707.11 of the Revised Code if applicable.
(B) If the department determines that an application is incomplete, the department shall notify the applicant that the application is incomplete and inform the applicant of the information that is missing from the application. An applicant shall submit the additional information within ninety days after being notified by the department that the application is incomplete. If an applicant fails to submit the required information within that ninety-day period, the department shall deny the application and the applicant shall forfeit the application fee to the department.
(C) A licensee may do business under more than one registered name, but not to exceed three registered names, provided that the names have been approved by the department. The department may reject the application of any person seeking licensure under this chapter if the name or names to be used by the applicant are likely to mislead the public, or if the name or names do not distinguish the applicant from the name or names of any existing person licensed under this chapter. If an applicant applies to the department to do business under three names, the department may charge a fee of ten dollars for the third name.
(D) The department shall issue an auctioneer's license in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds an auctioneer's license in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter as an auctioneer in a state that does not issue that license.
Last updated December 29, 2023 at 6:41 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.072 | Nonresident One-Auction License.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
The department of agriculture may grant one-auction licenses to any nonresident individual who is determined to be qualified by the department. Chapter 4796. of the Revised Code does not apply to one-auction licenses issued under this section.
Any individual who applies for a one-auction license shall attest, on forms provided by the department, and furnish to the department, satisfactory proof that the license applicant meets the following requirements:
(A) Has a good reputation;
(B) Is of trustworthy character;
(C) Has attained the age of at least eighteen years;
(D) Has a general knowledge of the requirements of the Revised Code relative to auctioneers, the auction profession, and the principles involved in conducting an auction;
(E) Has two years of professional auctioneering experience immediately preceding the date of application that includes the personal conduct by the applicant of at least twelve auction sales in any state;
(F) Has paid a fee of five hundred dollars;
(G) Has not applied for or previously obtained a license under this section;
(H) Has provided proof of financial responsibility in the form of either an irrevocable letter of credit or a cash bond or a surety bond in the amount of fifty thousand dollars. If the applicant gives a surety bond, the bond shall be executed by a surety company authorized to do business in this state. A bond shall be made to the department and shall be conditioned that the applicant shall comply with this chapter and rules adopted under it, including refraining from conduct described in section 4707.15 of the Revised Code. All bonds shall be on a form approved by the director of agriculture.
Last updated December 29, 2023 at 6:40 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.08 | Examinations.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
(A) The department of agriculture shall hold written examinations twelve times each year for obtaining a license under section 4707.07 of the Revised Code and for unlicensed auction firm managers as required under division (D) of section 4707.074 of the Revised Code. The written examination shall be held at the department or at an alternative location determined by the department. An examination shall not be required for the renewal of any license unless the license has been revoked or allowed to expire without renewal, in which case the applicant shall take and pass the appropriate examination offered by the department.
An examination fee of twenty-five dollars shall be collected from each person taking the auctioneer examination and fifteen dollars from each person taking the auction firm manager examination to defray expenses of holding the examinations.
(B) All applications and proofs shall be filed by each applicant before the scheduled date of examination, and shall be accompanied by proof of financial responsibility and a license fee. In order to be seated for an examination held under this section, an applicant shall have a complete application on file with the department not later than fourteen days prior to the examination date.
(C) If a court of competent jurisdiction or the department, at an administrative hearing, has found that an applicant conducted an auction, provided auction services, or acted as an auctioneer without a license issued under this chapter, the department may refuse to allow the applicant to take an examination under this section or may deny the issuance of a license to the applicant for a period of two years.
(D)(1) If an applicant for a license fails to pass the examination, the applicant may take the examination on the next scheduled date for the examination. If an applicant fails to pass the examination on the second consecutive attempt, the applicant shall not take the examination on the next scheduled date for the examination.
(2) If an applicant for a license fails to pass the examination on the third attempt, the applicant shall attend auction school a second time before the applicant may take the examination. If an applicant for a license fails to pass the examination on the fourth attempt, the applicant shall not take the examination for at least one year from the date of the last failed attempt.
(3) If an individual who is taking the examination for an auction firm manager fails to pass the examination on the third attempt, the individual shall not take the examination for one year from the date of the last failed attempt.
Last updated July 7, 2022 at 2:08 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.091 | Placement of License on Deposit - Reacquisition - Proof of Financial Responsibility.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
(A) Prior to the expiration of an auctioneer's license, an auctioneer may submit an application to the department of agriculture, on forms provided by the department, to place the license on deposit with the department for a period not to exceed two years. Not later than fourteen days after receipt of an application under this section, the department shall accept or deny the application.
(B) If the department accepts the application, an auctioneer who has a license on deposit with the department under this section shall not act as an auctioneer while the license is on deposit. In addition, such an auctioneer shall not be required to pay an assessment under section 4707.25 of the Revised Code.
(C) An auctioneer may reacquire a license on deposit from the department if the auctioneer does all of the following prior to reacquisition:
(1) Submits a written request to the department that contains the business address and telephone number of the auctioneer;
(2) Pays a reactivation fee for the license in the following amount:
(a) In the case of an auctioneer whose license is reacquired during the first half of the biennium according to the biennial schedule established in division (A) of section 4707.10 of the Revised Code, two hundred dollars;
(b) In the case of an auctioneer whose license is reacquired during the second half of the biennium according to that biennial schedule, one hundred dollars.
(3) Pays the assessment that is levied under section 4707.25 of the Revised Code for the current year, if applicable;
(4) Provides proof of financial responsibility as required in section 4707.11 of the Revised Code, if applicable;
(5) Complies with any other requirement established in rules adopted by the director under section 4707.19 of the Revised Code.
(D) If an auctioneer, at the time of placing the auctioneer's license on deposit, has not maintained proof of financial responsibility for the entire period of time required under section 4707.11 of the Revised Code, the auctioneer, beginning at the time of reacquisition, shall maintain proof of financial responsibility for the remainder of the time required under that section.
Last updated July 7, 2022 at 2:09 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.101 | Continuing Education for Auctioneers and Auction Firm Managers.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
(A) A licensed auctioneer shall complete eight hours of continuing education in accordance with this section prior to renewal of the license under section 4707.10 of the Revised Code. The auction firm manager of a licensed auction firm shall complete eight hours of continuing education in accordance with this section prior to the renewal of the auction firm license under section 4707.10 of the Revised Code.
(B)(1) Except as provided in division (B)(2) of this section, a licensed auctioneer and an auction firm manager shall complete the eight hours of continuing education as follows:
(a) Three of the hours shall include areas of instruction in any of the following areas: an overview of this chapter and rules adopted under it, including any recent amendments to that chapter or rules; contract law; the uniform commercial code; auction ethics; or trust or escrow accounts.
(b) Five of the hours shall include areas of instruction in any of the following areas: advertising and marketing; business math and accounting; insurance and liability; federal firearms law; business management; motor vehicle auctions; real estate auctions; or personal property auctions.
(2) If a licensed auctioneer has been issued a license with a period of validity of twelve months or less, the auctioneer shall complete four hours of continuing education as follows:
(a) One hour in the areas of instruction described in division (B)(1)(a) of this section;
(b) Three hours in the areas of instruction described in division (B)(1)(b) of this section.
(C) A licensed auctioneer or an auction firm manager of a licensed auction firm may complete an area of instruction for continuing education hours in another state if both of the following apply:
(1) The area of instruction has been approved by the appropriate state governing body in the other state.
(2) The Ohio auctioneers commission approves the completion of the area of instruction by the auctioneer or an auction firm manager in the other state.
Last updated August 17, 2022 at 11:38 AM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.11 | Proof of Financial Responsibility.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
(A) Except as provided in division (B) of this section, each application for a license issued under this chapter shall be accompanied by proof of financial responsibility in the form of either an irrevocable letter of credit or a cash bond or a surety bond in the amount of twenty-five thousand dollars. If the applicant gives a surety bond, the bond shall be executed by a surety company authorized to do business in this state.
A bond shall be made payable to the department of agriculture and shall include a condition that requires the applicant to comply with this chapter and rules adopted under it, including a requirement that the person refrain from conduct described in section 4707.15 of the Revised Code. All bonds shall be on a form approved by the director of agriculture.
A licensee shall maintain proof of financial responsibility for three years following the date of initial licensure. After the three-year period, a licensee who has not engaged in conduct described in section 4707.15 of the Revised Code and has not otherwise violated this chapter or rules adopted under it during that period shall no longer be required to maintain proof of financial responsibility except as otherwise provided in this section.
A licensee whose license expires without being renewed under section 4707.10 of the Revised Code or is suspended under section 4707.15 or 4707.30 of the Revised Code shall give proof of financial responsibility in accordance with this section in order to obtain reinstatement or reactivation of the license.
(B) Division (A) of this section does not apply to either of the following:
(1) A licensee whose license was issued prior to July 1, 2003, provided that the license continues to be renewed under section 4707.10 of the Revised Code and is not suspended under section 4707.15 or 4707.30 of the Revised Code;
(2) An auction firm license that is issued under section 4707.074 of the Revised Code.
Last updated July 7, 2022 at 2:10 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.111 | State Is Sole Regulator of Auctions.

Effective:
May 6, 2005
Latest Legislation:
Senate Bill 209 - 125th General Assembly
The state, through the department of agriculture and in accordance with this chapter, shall solely regulate auctioneers, auction firms, and the conduct of auction sales.
By enactment of this chapter, it is the intent of the general assembly to preempt municipal corporations and other political subdivisions from the regulation and licensing of auctioneers, auction firms, and auction sales.
At least twenty-four hours prior to an auction, the person licensed under this chapter to conduct the auction shall notify, via telephone, mail, or personal delivery, the chief of police of the municipal corporation in which the auction site is located or, if the site is in the unincorporated area of a county, the county sheriff as to the location and time of the auction and give to that officer a general description of the items offered for sale. A licensee who conducts regular auction sales on a fixed day at the same location is required to provide such notice to the chief of police or county sheriff only once. However, the licensee shall notify the chief of police or county sheriff if the auctions subsequently are discontinued or are conducted on a different day or at a different location.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.13 | Consent to Service by Nonresidents.

Effective:
October 1, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
Any nonresident who applies for permission to operate as an auctioneer within this state shall file an irrevocable consent with the department of agriculture that suits and actions may be commenced against such applicant in any court of competent jurisdiction within this state by service of process upon the secretary of state. Said consent shall agree that the service of such process shall be held in all courts to be valid and binding as if service had been made upon the applicant within this state.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.14 | Definite Place of Business.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
(A) Each person licensed under this chapter shall have a definite place of business in this state.
(B) If a licensee is a nonresident, it is not necessary for the licensee to maintain an active place of business within this state if the licensee maintains such a place of business in the state where the licensee is a resident.
Last updated July 7, 2022 at 2:12 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.151 | Bid Rigging Prohibition.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
(A) No person shall engage in bid rigging.
(B) As used in this section, "bid rigging" means a conspiracy between auctioneers, any participants in an auction, or any other persons who agree not to bid against each other at an auction or who otherwise conspire to decrease or increase the number or amounts of bids offered at auction.
Last updated July 7, 2022 at 2:13 PM
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.152 | Written Reprimand for Violations.

Effective:
October 1, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
In lieu of suspending or revoking a license under section 4707.15 of the Revised Code, the department of agriculture may issue a written reprimand to any licensee who violates any provision of this chapter.
2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4707 | Auctioneers › Section 4707.153 | Suspension for Failure to Complete Continuing Education.

Effective:
September 13, 2022
Latest Legislation:
House Bill 321 - 134th General Assembly
(A) An auctioneer license or auction firm license is automatically suspended if the following apply, as applicable:
(1) The director of agriculture determines that a licensed auctioneer has failed to complete the continuing education requirements established under section 4707.101 of the Revised Code.
(2) The director determines the auction firm manager of a licensed auction firm has failed to complete the continuing education requirements established under section 4707.101 of the Revised Code.
A license is automatically suspended on the date on which the director makes a determination under division (A)(1) or (2) of this section. The director shall provide the offending licensee with an opportunity for an administrative hearing on the suspension in accordance with Chapter 119. of the Revised Code.
(B) If an auctioneer's or auction firm's license is suspended under division (A) of this section, the auctioneer or auction firm manager of the auction firm shall provide proof of completion of the continuing education requirements not later than one hundred eighty days after the date that the suspension is issued. If such an auctioneer or auction firm manager fails to submit the proof of completion of the continuing education requirements within that time period, the license is automatically revoked. The director shall provide the former licensee an opportunity for an administrative hearing on the revocation in accordance with Chapter 119. of the Revised Code.
(C) If an auctioneer or auction firm license is revoked under this section, the former licensee shall not apply for a new license under this chapter earlier than one year after the revocation. The applicant shall comply with all requirements under section 4707.07 or 4707.074 of the Revised Code, as applicable.
Last updated August 17, 2022 at 11:39 AM