reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 1301:9 - Division of Financial Institutions: Credit Unions › Chapter 1301:9-3 - Credit Union Share Guaranty Corporation › Section 1301:9-3-12 - Credit union share guaranty corporation payout on shares

Current through all regulations passed and filed through July 1, 2024
When the property and business of a participating credit union
				have been liquidated or are in the process of liquidation and the proceeds of
				liquidation are insufficient to pay the full guaranteed amount of each credit
				union share account, the credit union share guaranty corporation shall notify
				the superintendent of credit unions and the superintendent of insurance of the
				amount of the share deficiency upon verification of the share account balances
				and the date on which such deficiency has been paid.
Five Year Review (FYR) Dates:
				01/11/2016 and
				01/11/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 1761.04
Rule
				Amplifies: 1761.11
Prior
				Effective Dates: None
Ohio Administrative Code › Title 1301:9 - Division of Financial Institutions: Credit Unions › Chapter 1301:9-3 - Credit Union Share Guaranty Corporation › Section 1301:9-3-13 - Approval of investments

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in divisions (A)(1) to
			 (A)(8) of
			 section 1761.13 of the Revised Code, a
			 credit union share guaranty corporation shall not invest or deposit its funds
			 in any manner or make any investment in any company, related or unrelated,
			 without obtaining the prior written approval of the superintendent of credit
			 unions.
(B) As used in paragraph
			 (A) of this rule:
(1) "Company" means any
			 corporation, partnership, association, joint stock company or unincorporated
			 organization.
(2) "Investment"
			 means any equity interest, including, general partnership interests, limited
			 partnership interests in which liability is limited to the amount of the
			 investment, and any bonds, notes, debentures or other evidence of indebtedness
			 of any company.
(3) "Related" means
			 the business or activities of the company are similar to the business and
			 activities of the credit union share guaranty corporation with respect to
			 business, trade, products or services.
(4) "Unrelated" means the business or
			 activities of the company are not similar to the business and activities of the
			 credit union share guaranty corporation with respect to business, trade,
			 products or services.
Ohio Administrative Code › Title 1301:9 - Division of Financial Institutions: Credit Unions › Chapter 1301:9-3 - Credit Union Share Guaranty Corporation › Section 1301:9-3-15 - Actuarial study of capital adequacy and disclosure of examination reports

Current through all regulations passed and filed through July 1, 2024
(A) The audit
			 examination of the credit union share guaranty corporation by the
			 superintendent of credit unions, conducted not more
			 often than annually and not less than every three years, shall include an
			 actuarial study of the capital adequacy of the credit union share guaranty
			 corporation. The credit union share guaranty corporation will be assessed the
			 costs of the actuarial study.
(B)
			 The superintendent of credit unions shall determine when an actuarial study of
			 the capital adequacy of the credit union share guaranty corporation shall be
			 conducted in accordance with division (C) of section
			 1761.16 of the Revised Code and
			 shall approve in advance any proposal submitted by the share guaranty
			 corporation concerning the scope of, and the company to perform, such
			 study.
(C) The credit union share
			 guaranty corporation shall provide the superintendent of insurance with a copy
			 of the audit examination report upon completion of such examination.
(D) The credit union share guaranty
			 corporation shall provide the superintendent of credit unions with a copy of
			 the examination report prepared by the superintendent of insurance.
(E) The officers, employees, and agents of a
			 credit union share guaranty corporation shall not disclose the contents of the
			 audit examination report and any other special examination report prepared by
			 the superintendent of credit unions to any person other than to the
			 superintendent of insurance and to those officers, employees or agents of the
			 credit union share guaranty corporation and other state regulatory agencies who
			 have a need for such records in the performance of their duties, unless such
			 disclosure has been approved in advance by the superintendent of credit
			 unions.
Effective: 3/24/2016
Five Year
				Review (FYR) Dates: 01/08/2016 and
				03/24/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 1761.04
Rule
				Amplifies: 1761.16
Prior
				Effective Dates: 1/1/91
Ohio Administrative Code › Title 1301:9 - Division of Financial Institutions: Credit Unions › Chapter 1301:9-3 - Credit Union Share Guaranty Corporation › Section 1301:9-3-16 - Quarterly reporting

Current through all regulations passed and filed through July 1, 2024
The credit union share guaranty corporation shall submit a
				quarterly report to the superintendent of credit unions within thirty days
				after the close of the calendar quarter. The quarterly report shall include a
				financial statement, a guarantee fund report and any other information
				considered necessary by the superintendent of credit unions in order to assess
				the financial condition of the credit union share guaranty corporation.
Five Year Review (FYR) Dates:
				01/11/2016 and
				01/11/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 1761.04
Rule
				Amplifies: 1761.16
Prior
				Effective Dates: None
Ohio Administrative Code › Title 1301:9 - Division of Financial Institutions: Credit Unions › Chapter 1301:9-4 - Appraisal Requirements for Mortgages and Home Equity Loans › Section 1301:9-4-06 - First mortgage purchase money real estate loans

Current through all regulations passed and filed through July 1, 2024
(A) Notwithstanding
			 the requirements of paragraphs (C) and (J)(4) of rule
			 1301:9-2-21
			 of the Ohio Administrative Code, when making first mortgage purchase money real
			 estate loans on a one-to-four family dwelling that is the member's primary or
			 secondary residence, an appraisal is required for loans greater than one
			 hundred thousand dollars. The appraisal shall be made by a certified or
			 licensed independent appraiser who has satisfied the requirements of Chapter
			 4763. of the Revised Code and applicable rules or other comparable statute.
			 Appraisals for loans one hundred thousand dollars and under shall, as a
			 minimum, be made by qualified staff personnel who have been approved by the
			 board of directors and include a written report documenting the comparable
			 sales and exterior inspection. Appraisals must be in writing, dated and signed.
			 certified or licensed independent appraisers shall be paid the same fee whether
			 or not the loan is granted. Sales price and loan information shall be withheld
			 from the appraiser.
(B)
			 Notwithstanding the provisions of paragraph (E) of rule
			 1301:9-2-21
			 of the Ohio Administrative Code, a credit union may make first mortgage real
			 estate loans secured by liens not exceeding:
(1) The lesser amount of eighty per cent of
			 the appraised value or eighty per cent of the sale price, if such real estate
			 is unimproved or is improved by off-site improvements such as streets, sewers,
			 water, or other activities;
(2)
			 The lesser amount of eighty per cent of the appraised value or eighty per cent
			 of the sale price, if such real estate is in the process of being improved by a
			 one to four family dwelling; and
(3) The lesser amount of eighty per cent of
			 the appraised value or eighty per cent of the sale price, if such real estate
			 is improved by a one-to-four family dwelling.
Ohio Administrative Code › Title 1301:9 - Division of Financial Institutions: Credit Unions › Chapter 1301:9-4 - Appraisal Requirements for Mortgages and Home Equity Loans › Section 1301:9-4-07 - Home equity and second mortgage loans

Current through all regulations passed and filed through July 1, 2024
(A) Notwithstanding the provisions of
			 paragraph (D) of rule
			 1301:9-2-23
			 of the Ohio Administrative Code, when making a home equity loan or a second
			 mortgage loan, an appraisal is required for loans greater than one hundred
			 thousand dollars. The appraisal shall be made by a certified or licensed
			 independent appraiser who has satisfied the requirements of Chapter 4763. Of
			 the Revised Code and applicable rules or other comparable statute. Appraisals
			 for loans one hundred thousand dollars and under shall, as a minimum, be made
			 by qualified staff personnel who have been approved by the board of directors
			 and include a written report documenting the comparable sales and exterior
			 inspection. Appraisals must be in writing, dated and signed. Certified or
			 licensed independent appraisers shall be paid the same fee whether or not the
			 loan is granted. Sales price and loan information shall be withheld from the
			 appraiser.
(B) Notwithstanding the
			 provisions of paragraph (G) of rule
			 1301:9-2-23
			 of the Ohio Administrative Code, the payment schedules for home equity and
			 second mortgage loans should provide for monthly installments that include
			 amortization of the principal and interest within the terms of the loan
			 agreement, but shall provide that installments be made at least quarterly.
(C) If requested by a credit
			 union, the superintendent may approve a less restrictive real estate loan
			 policy than provided by rule
			 1301:9-2-21
			 of the Ohio Administrative Code. The request shall be made in writing and
			 include a copy of the proposed real estate loan policy and a certified copy of
			 the resolution of the board of directors adopting the policy. The credit union
			 must substantiate that it has the expertise, capital, management, and
			 experience to implement the proposed policy.
Ohio Administrative Code › Title 1301:10 - Division of Unclaimed Funds › Chapter 1301:10-1 - Definitions › Section 1301:10-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) "Intangible
			 property" means unclaimed funds as defined in division (B) of section
			 169.01 and section
			 169.02 of the Revised Code, or a
			 fixed and certain interest in intangible personal property, of every kind or
			 description, that is held, issued or owed in the course of a holder's business,
			 and all income or increments therefrom. The term "intangible property"
			 includes, but not by way of limitation, property that is referred to as or evidenced by:
(1) Monies, checks, drafts, deposits,
			 interest, dividends, and income;
(2) Credit balances, customer overpayments,
			 security deposits, refunds, credit memos, unpaid wages, and unused airline
			 tickets;
(3) Stocks and other
			 intangible ownership interests in business associations;
(4) Monies deposited to redeem stocks, bonds,
			 mutual funds, coupons and other securities or to make distributions;
(5) Amounts due and payable under the terms
			 of insurance policies;
(6)
			 Currency, coins, coin collections, precious metals, stamps and stamp
			 collections, both foreign and domestic; and
(7)
			 Amounts distributable from a trust or custodial fund established under a plan
			 to provide any health, welfare, pension, vacation, severance, retirement,
			 death, stock purchase, profit sharing, employee savings, supplemental
			 unemployment insurance or similar benefit.
Ohio Administrative Code › Title 1301:10 - Division of Unclaimed Funds › Chapter 1301:10-2 - Notice of Rules; Appeal › Section 1301:10-2-02 - Adjudication hearing; decision of director

Current through all regulations passed and filed through July 1, 2024
(A) Any person adversely affected by a
			 decision of the director may appeal such decision in the manner provided in
			 sections 119.01 to
			 119.13 of the Revised Code,
			 except any person appealing the disputed findings of an involuntary unclaimed
			 funds examination follows the procedure set forth in paragraph (K) of rule
			 1301:10-3-04 of the
			 Administrative Code.
(B) Upon
			 receipt of a written request for an adjudication hearing, the director
			 immediately sets the date, time, and place of such hearing and forthwith
			 notifies the party thereof in accordance with section
			 119.07 of the Revised Code. The
			 date set for such hearing is scheduled to occur within fifteen days, but not
			 earlier than seven days, after a party has requested a hearing, unless
			 otherwise agreed to by both the division and the party.
(C) Any person seeking an adjudication
			 hearing under paragraph (A) of this rule may do so by submitting a written
			 request for such hearing within thirty days of the date of mailing of the
			 notice of the adverse decision.
Ohio Administrative Code › Title 1301:10 - Division of Unclaimed Funds › Chapter 1301:10-2 - Notice of Rules; Appeal › Section 1301:10-2-03 - Public notice procedures

Current through all regulations passed and filed through July 1, 2024
The director of commerce shall follow the procedures set forth
				in Chapter 119. of the Revised Code in regard to public notice of the proposed
				adoption, amendment or rescission of any rule. The director of commerce shall
				follow the procedures set forth in Chapter 119. of the Revised Code in regard
				to public notice of all adjudication hearings.
R.C. 119.032 review dates:
				04/01/2014 and
				04/01/2019
Promulgated
				Under: 119.03
Statutory Authority: RC 119.03, 169.09
Rule
				Amplifies: RC 119.03
Prior Effective Dates:
				9/5/2002
Ohio Administrative Code › Title 1301:10 - Division of Unclaimed Funds › Chapter 1301:10-3 - General Provisions › Section 1301:10-3-01 - Search of records

Current through all regulations passed and filed through July 1, 2024
Any organization holding unclaimed funds shall make an
				examination of the records of its offices, including branch offices and various
				subdivisions, to insure that it has no documentation of the whereabouts of the
				owner, or that the owner has not transacted with regard to other matters with
				such organization.
R.C. 119.032 review dates:
				04/01/2014 and
				04/01/2019
Promulgated
				Under: 119.03
Statutory Authority: RC 119.03, 169.09
Rule
				Amplifies: RC 169.03
Prior Effective Dates: 12/20/1984,
				7/29/2002,
Ohio Administrative Code › Title 1301:10 - Division of Unclaimed Funds › Chapter 1301:10-3 - General Provisions › Section 1301:10-3-03 - Holder reports; enforcement

Current through all regulations passed and filed through July 1, 2024
(A) All information required to be reported
			 to the director of commerce shall be reported on such forms, and in such
			 manner, as prescribed by the director of commerce.
(B) If there are no unclaimed funds to report
			 for the current period, the holder is required to file with the director a
			 negative report, which must be certified by the holder, or an officer or agent
			 of the holder organization.
(C) It
			 will be permissible for holders to make copies of the standard forms provided
			 by the director of commerce, provided the reproduction of the form is of
			 substantially equal quality as the original. Computer printouts are also
			 acceptable, provided they are in the same format and spacing as the reporting
			 forms.
(D) If any person fails to
			 file any reports, files a report in gross error or refuses to deliver funds to
			 the director as required under Chapter 169. of the Revised Code, the director
			 may bring an action in a court of appropriate jurisdiction to require the
			 filing of the report and to recover the funds with interest and penalties due.
R.C. 119.032 review dates:
				04/01/2014 and
				04/01/2019
Promulgated
				Under: 119.03
Statutory Authority: RC 119.03, 169.09
Rule
				Amplifies: RC 169.03
Prior Effective Dates: 3/23/68, 12/20/84,
				8/16/97
Ohio Administrative Code › Title 1301:10 - Division of Unclaimed Funds › Chapter 1301:10-3 - General Provisions › Section 1301:10-3-07 - Lawful claims or charges by holder

Current through all regulations passed and filed through July 1, 2024
(A)
								 A holder may
			 deduct from unclaimed funds required to be reported pursuant to section
			 169.03 of the Revised Code a
			 charge imposed due to the owner's failure to claim the property within a
			 specified time only if a valid and enforceable written contract between the
			 holder and the owner imposes the charge or a holder that is a financial
			 organization properly discloses the charge to the owner in accordance with
			 applicable law or regulations, the holder regularly imposes the charge, the
			 charge is not regularly reversed or otherwise canceled, and the amount deducted
			 is not unconscionable or otherwise prohibited by law.
(B)
								 No holder may
			 impose a charge to avoid or contravene the reporting requirements of sections
			 169.02 and
			 169.03 of the Revised
			 Code.
Replaces: 1301:10-3-07
Effective:
				7/25/2014
R.C.
				119.032 review dates:
				07/25/2019
Promulgated
				Under: 119.03
Statutory
				Authority: RC 119.03,
				169.09
Rule
				Amplifies: RC 169.02
Prior
				Effective Dates: 12/20/1984
Ohio Administrative Code › Title 1301:10 - Division of Unclaimed Funds › Chapter 1301:10-3 - General Provisions › Section 1301:10-3-08 - Instruments representing ownership interest

Current through all regulations passed and filed through July 1, 2024
(A)
								An
								underlying share is a
			 security, certificate or other ownership interest as described in division (E)
			 of section 169.02 of the Revised Code,
			 which may or may not be in the possession of the shareholder/owner, issuer,
			 holder, transfer agent, broker or other person.
(B)
								An
			 underlying share, security or other
			 intangible instrument representing an ownership interest in a business
			 association, which is a registered security, is
			  unclaimed funds
			 if the owner has not within five years claimed a
			 dividend, distribution, or other sum payable, or
			 otherwise
								 initiated one
			 or more of the activities set forth under division (B)(1) of section
			 169.01 of the Revised Code.
(C) The
			 person, other
			 than the owner, which has possession, custody or control of the
			 underlying  share, security or other intangible instrument representing
			 an ownership interest in a business association is  the holder required to report the unclaimed
			 funds.
(D) At the time any
			 underlying share or security is
			  unclaimed funds
			 , any dividend,
			 distribution, or other sum then held or owing to the owner as a result of the
			 underlying share or security, and not previously
			 reported
			 as unclaimed funds, will be presumed to be
			 unclaimed funds, as well as all equity shares of
			 the business association registered to the owner, whether or not in the custody
			 of the holder.
(E) The five-year
			 dormancy period for any underlying share, security or other intangible instrument representing
			 an ownership interest which is non-dividend paying, or
			 subject to automatic reinvestment as stated in division (R)(1) of section
			 169.02 of the Revised
			 Code, commences from the date the second shareholder notification or communication
			 mailing to the owner of the funds is returned to the holder as undeliverable by
			 the United States postal service or other carrier, unless the owner has within
			 five years initiated one or more of the activities set forth under division
			 (B)(1) of section 169.01 of the Revised Code. The
			 notification or communication mailing by the holder shall be no less than
			 quarterly.
(F)
								 Bearer bonds and
			 original issue discount bonds are presumed to be unclaimed funds if not claimed
			 five years after the owner's right to demand the property or five years after
			 the obligation to pay or distribute the property arises, whichever comes
			 first.
Effective:
				9/1/2014
R.C.
				119.032 review dates:
				04/01/2014 and
				09/01/2019
Promulgated
				Under: 119.03
Statutory
				Authority: RC 169.09
Rule
				Amplifies: RC 169.02
Prior
				Effective Dates: 12/20/1984, 7/29/2002,
				4/30/08
Ohio Administrative Code › Title 1301:10 - Division of Unclaimed Funds › Chapter 1301:10-4 - Claims › Section 1301:10-4-01 - Claim

Current through all regulations passed and filed through July 1, 2024
(A) Any person who
			 claims a property interest in unclaimed funds paid or delivered to the director
			 of commerce may file a claim to the funds under section
			 169.08 of the Revised Code. The
			 claim will be on a form prescribed by the director and
			  signed by the claimant before a
			 notary 
								when determined necessary by the director.
(B) The director completes an
			 initial review of each claim within one hundred twenty days after it is
			 filed. The director considers matters relevant to any claim and is authorized
			 to subpoena witnesses and documents to effectuate proper payment of any claim.
			 The director may hold a hearing pursuant to division (B) of section
			 169.08 of the Revised Code to
			 receive evidence concerning any claim if the director considers such hearing
			 necessary, and  such hearing
			 will be held if requested by the
			 claimant.
(C) The director
			 will
			 give written notice to the claimant, stating the substance of any evidence
			 received and the reasons for disallowance of each claim denied in whole or in
			 part. The decision is a public
			 record.
(D) Such notice may be
			 given by mailing it to the address stated in the claim. No notice of denial
			 need be given if the claim fails to state the address of the
			 claimant.
(E) The director
			 certifies the amount of all claims
			 approved for payment to the office of budget and management for
			 payment.
Ohio Administrative Code › Title 1301:10 - Division of Unclaimed Funds › Chapter 1301:10-5 - Disposition of Unclaimed Funds › Section 1301:10-5-02 - Sale of property

Current through all regulations passed and filed through July 1, 2024
(A) All securities and other intangible
			 property transferred to the director of commerce pursuant to section
			 169.05 of the Revised Code shall
			 be sold by the director at such time and place and in such manner as deemed
			 reasonable. Neither the director nor any employee thereof shall in any way be
			 liable to any person for any claimed loss resulting from the sale of securities
			 or other intangible property.
(B)
			 All proceeds received from the sale of property under paragraph (A) of this
			 rule shall be credited to the account of the owner of the property.
R.C. 119.032 review dates:
				04/01/2014 and
				04/01/2019
Promulgated
				Under: 119.03
Statutory Authority: RC 119.03, 169.09
Rule
				Amplifies: RC 169.05
Prior Effective Dates: 12/20/1984, 10/14/1991,
				7/29/2002
Ohio Administrative Code › Title 1301:10 - Division of Unclaimed Funds › Chapter 1301:10-5 - Disposition of Unclaimed Funds › Section 1301:10-5-03 - Safe deposit box contents

Current through all regulations passed and filed through July 1, 2024
(A) Every holder maintaining safe deposit
			 boxes or other safekeeping repositories located in this state shall report to
			 the director, under section
			 169.03 of the Revised Code, with
			 an inventory of property in its possession which constitute unclaimed funds
			 under division (I) of section
			 169.02 of the Revised Code,
			 provided, however, that if the holder has sold such property, the holder shall
			 report to the director any amount arising from the sale under division (I) of
			 section 169.02 of the Revised
			 Code.
(B) Such report of an
			 inventory of property shall include a statement containing the following
			 information:
(1) The name,
									 last known
			 address, and social security number or federal tax
			 identification number, if available, of each owner whose lease or rental
			 period has expired;
(2) The
			 expiration date of the lease or rental agreement for such safe deposit box or
			 other safekeeping depository;
(3)
			 The date of opening of such safe deposit box or other safekeeping
			 repository;
(4) The number or
			 identifying description of the safe deposit box or other safekeeping
			 repository;
(5) A list describing
			 the items received; and
(6) The
			 name and address of the holder reporting the property.
The report shall contain such further identifying data and
				information as shall be required by the director.
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-1 - Real Estate Appraisers Board › Section 1301:11-1-01 - Public notice of intention to consider adopting, amending or rescinding rules

Current through all regulations passed and filed through July 1, 2024
(A)
			 The real estate appraiser board, in giving public notice as to the adoption,
			 amendment, or rescission of any rule required to be adopted under Chapter 119.
			 of the Revised Code, shall publish a notice, at least once, in the register of
			 Ohio and in such other publications as the board may determine from time to
			 time. The notice shall appear at least thirty days prior to the date set for
			 the hearing of the proposed action on any such rule. The notice shall meet the
			 requirements of division (A) of section
			 119.03 of Revised Code.
(B) The public notice shall
			 specify the date, time and place of the hearing and shall include:
(1) A statement of the intention to consider
			 adopting, amending or rescinding a rule and the purpose or reason therefor;
(2) A synopsis of the proposed
			 rule, amendment or rescission or a general statement as to the subject to which
			 it relates.
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-1 - Real Estate Appraisers Board › Section 1301:11-1-02 - Open public meeting

Current through all regulations passed and filed through July 1, 2024
(A) Any person may ascertain the time and
			 place of all regularly scheduled meetings and the time, place, and purpose of
			 all special meetings of the real estate appraiser board by:
(1) Writing to the following address - "Real
			 Estate Appraiser Board, Division of Real Estate and Professional Licensing, 77
			 South High Street, Columbus, Ohio 43215-6133," or
(2) Calling the following telephone number
			 during normal business hours - 614-466-4100, or
(3) Accessing the division of real estate and
			 professional licensing website.
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-1 - Real Estate Appraisers Board › Section 1301:11-1-05 - Reciprocity agreements

Current through all regulations passed and filed through July 1, 2024
(A) The real estate appraiser board, in its
			 discretion, may enter into reciprocity agreements providing for the waiver of
			 examination with the appraiser regulatory authority of other states where those
			 states have requirements that meet or exceed the requirements in this
			 state, and where similar recognition is extended to registration, license
			 or certificate holders in this state.
(B) The superintendent may waive the
			 requirement of an examination in the case of an application from a nonresident
			 licensed or certified real estate appraiser from a state which has executed a
			 reciprocity agreement duly authorized by the real estate appraiser
			 board.
(C) The real estate
			 appraiser board may cancel, without notice, any reciprocity agreement with any
			 state with licensing or certification requirements which the real estate
			 appraiser board determines that state's
			 requirements no longer meet or exceed the requirements in this
			 state.
Effective: 8/13/2015
Five Year
				Review (FYR) Dates: 05/27/2015 and
				06/30/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 4763.03,
				4763.05
Rule
				Amplifies: 4763.05
Prior
				Effective Dates: 12/1/1990, 2/6/1996, 12/17/2001,
				1/1/2007
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-1 - Real Estate Appraisers Board › Section 1301:11-1-08 - Licensed or certified appraisers from other states

Current through all regulations passed and filed through July 1, 2024
(A) A person, who has obtained a residential
			 real estate appraiser license from another state may obtain an Ohio residential
			 real estate appraiser license provided all of the following are satisfied:
(1) The state that issued the person a
			 residential real estate appraiser license has requirements that meet or exceed
			 the requirements for a residential real estate appraiser license in
			 Ohio;
(2) The person completes an
			 application form prescribed by the superintendent to be a licensed residential
			 real estate appraiser in Ohio;
(3)
			 Payment of appropriate fees required by rule
			 1301:11-1-03 of the
			 Administrative Code;
(4) The person
			 consents to service of process  found in paragraph
			 (E) of this rule.
(5) The
			 person successfully completes the criminal records check required by rule
			 1301:11-3-08
			 of the Administrative Code.
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-1 - Real Estate Appraisers Board › Section 1301:11-1-09 - Stenographic record

Current through all regulations passed and filed through July 1, 2024
For purposes of sections
				119.09,
				4763.10 and
				4763.11 of the Revised Code, the
				stenographic record of an adjudication hearing before the Ohio division of real
				estate or real estate appraiser board shall be provided by the division's use
				of audio or video teleconferencing electronic recording devices. Such recording
				shall serve as the official record of the proceeding and may serve as the basis
				for a transcript for furnishing to a court upon appellate review.
				A stenographic service other than the division's audio
				or video recording devices may be requested by one of the parties to the
				hearing. Advance written notice shall be provided to the division by the
				requesting party prior to the scheduled hearing date. All scheduling with the
				stenographic service shall be the responsibility of the party requesting the
				stenographic service. The testimony at the adjudication hearing shall be
				transcribed at the cost of the party requesting the stenographic service. Upon
				request, the stenographic service may provide a transcript of the adjudication
				hearing and the cost of the transcript shall be the responsibility of the party
				requesting the transcript. The division may use the transcript from the
				stenographic service as the official record of the proceeding.
Five Year Review (FYR) Dates:
				06/03/2016 and
				05/20/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 119.03,
				4763.03
Rule
				Amplifies: 119.09,
				4763.05,
				4763.10,
				4763.11
Prior
				Effective Dates: 11/15/1991, 1/1/2009,
				01/01/2012
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-1 - Real Estate Appraisers Board › Section 1301:11-1-10 - Settlement agreements

Current through all regulations passed and filed through July 1, 2024
(A) Any real estate appraiser who has been
			 notified by the superintendent of a hearing to be held by a hearing examiner
			 pursuant to Chapter 119. of the Revised Code for the purpose of determining
			 whether a violation of section
			 4763.11 of
			 the Revised Code occurred may enter into a settlement agreement with the
			 superintendent.
(B) The settlement
			 agreement shall contain the following information:
(1) A description of the conduct which the
			 superintendent alleges the appraiser committed;
(2) An admission by the appraiser that the
			 appraiser engaged in such conduct;
(3) An acknowledgement by the appraiser that
			 such conduct admitted to constitutes a violation of section
			 4763.11 of
			 the Revised Code;
(4) A waiver by
			 the appraiser to an administrative hearing pursuant to Chapter 119. of the
			 Revised Code;
(5) An
			 acknowledgement by the appraiser that the appraiser had the opportunity to
			 review the settlement agreement with the appraiser's legal counsel;
(6) Recommendation of a sanction, if any,
			 which the superintendent believes should be imposed by the Ohio real estate
			 appraiser board on the licensee for the admitted violations of section
			 4763.11 of
			 the Revised Code. However, the superintendent may choose not to make any
			 recommendation as to a sanction and leave that solely within the discretion of
			 the Ohio real estate appraiser board. Such sanctions may include any
			 combination of the following:
(a) A suspension
			 of the certificate, license or registration of the appraiser for a specified
			 period of time;
(b) A revocation or
			 surrender of the certificate, license or registration of the
			 appraiser;
(c) A requirement the
			 appraiser complete additional educational course work. Any education course
			 work imposed shall not count toward the continuing education requirement set
			 forth in section
			 4763.07 of
			 the Revised Code, or the education requirement for licensure or certification
			 set forth in section
			 4763.05
			 of the Revised Code;
(d) A
			 requirement the appraiser pay a fine, not exceeding two thousand five hundred
			 dollars per violation;
(e)
			 Reprimand of the certificate holder, registrant or licensee.
(7) An acknowledgement by the
			 parties that the settlement agreement, if accepted and adopted by the Ohio real
			 estate appraiser board, will become a final order;
(8) A waiver by the appraiser of all appeals
			 pursuant to section
			 119.12
			 of the Revised Code and any right of reconsideration; and
(9) Any other provision which the
			 superintendent deems to be appropriate.
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-3 - Certification/Licensing of Appraisers › Section 1301:11-3-01 - Definition

Current through all regulations passed and filed through July 1, 2024
"Nationally recognized appraisal organization" means an
				organization which:
(A) Offers
			 classroom instruction in subjects related to real estate appraisal as specified
			 in rule
			 1301:11-3-03
			 of the Administrative Code, that would be acceptable towards satisfying the
			 pre-license or pre-certification education requirement,
(B) Offers a designation to real estate
			 appraisers upon successful completion of appraisal education and attainment of
			 appraisal experience,
(C) Has
			 established standards of professional appraisal practice and a code of ethics
			 for organization members which are consistent with the standards adopted by the
			 real estate appraisal board, and
(D) Offers the classroom instruction
			 specified in paragraph (A) of this rule to all individuals and does not require
			 individuals to be a member of the organization to enroll and complete the
			 instruction.
Five Year Review (FYR) Dates:
				06/03/2016 and
				05/20/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4763.03
Rule
				Amplifies: 4763.05
Prior
				Effective Dates: 12/1/1990, 1/1/2009
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-3 - Certification/Licensing of Appraisers › Section 1301:11-3-05 - Examination requirements for licensing and certification applicants

Current through all regulations passed and filed through July 1, 2024
(A)
								An
			 applicant for a general real estate appraiser certificate or a residential real
			 estate appraiser license or certificate shall satisfy all fee, education,
			 experience and background requirements as are required by section
			 4763.05 of the Revised Code to
			 be eligible to take the examination.
(1) An
			 applicant for a residential real estate appraiser license shall achieve a
			 passing score on an examination authorized for residential real
			 estate appraiser license ;
(2) An
			 applicant for a residential real estate appraiser certificate shall achieve a
			 passing score on an examination authorized for residential real
			 estate appraiser certificate  and
(3) An applicant for a general real estate
			 appraiser certificate shall achieve a passing score on an examination
			 authorized for general real estate appraiser certificate
			 .
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-3 - Certification/Licensing of Appraisers › Section 1301:11-3-06 - Temporary practice registration

Current through all regulations passed and filed through July 1, 2024
(A) Each temporary appraiser registration
			 issued in accordance with division (E) of section
			 4763.05 of the Revised Code
			 shall expire six months after the issuance date or upon the completion of the
			 work required by the appraisal assignment or specialized service, whichever is
			 later.
(B) A temporary registration
			 issued shall be expressly limited to a grant of authority to perform the
			 appraisal assignment or specialized service required by the contract for
			 appraisal services.
(C) The
			 registration required in division (E) of section
			 4763.05 of the Revised Code
			 shall be on a form prescribed by the superintendent of real estate and shall be
			 accompanied by a fee specified in rule
			 1301:11-1-03 of the
			 Administrative Code. The registration form shall include, but not be limited
			 to, the following information:
(1) The
			 applicant's name, business address and such other information as may be
			 necessary to identify the applicant;
(2) A
			 statement by the applicant setting forth:
(a)
			 The type of license or certificate held by the applicants and the license or
			 certificate number;
(b) The dates
			 of licensure or certification and the expiration date of the applicant's
			 current license or certificate;
(c)
			 A complete record of any disciplinary actions taken, including any
			 complaints or disciplinary proceedings pending against the applicant.
(3) Consent to service of process
			 in Ohio;
(4) A
			 statement that the applicant has read and agrees to abide by all appraiser laws
			 and rules in this state and agrees to cooperate with any investigation
			 initiated by the division of real estate or the appraisal board including
			 supplying relevant documents and personally appearing before the board or the
			 division's investigators; and
(5)
			 Information sufficient to identify the appraisal assignment
			 or
			 specialized service to be performed under the temporary practice registration,
			 including the projected beginning and ending dates for performing such
			 appraisal assignment or specialized service, but shall not require the
			 applicant to divulge any information concerning the appraisal assignment which
			 would breach the applicant's duty of confidentiality to his client under the
			 provisions of the uniform standards of professional appraisal
			 practice.
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-3 - Certification/Licensing of Appraisers › Section 1301:11-3-07 - Conversion of real estate residential appraiser license to real estate residential appraiser certificate. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded eff 1-1-07
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-3 - Certification/Licensing of Appraisers › Section 1301:11-3-08 - Criminal records checks

Current through all regulations passed and filed through July 1, 2024
(A) Within ten days after the date of filing
			 an application for registration, licensure, or certification, an applicant
			 shall submit fingerprints to the Ohio bureau of criminal identification and
			 investigation [BCI&I] using a method authorized by BCI&I for a criminal
			 records check pursuant to division (A)(1)(b) of section
			 4763.05
			 of the Revised Code. BC&I submits the results to the division of real
			 estate and professional licensing . The applicant
			 shall pay any required fee for the criminal records check and direct that the
			 results be transmitted to the division of real estate and professional
			 licensing.
(B) Failure to timely
			 comply with the superintendent's request may constitute just cause for the
			 superintendent to close the applicant's file and impose a forfeiture of any
			 application fee.
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-4 - Registration of Appraiser Assistants › Section 1301:11-4-03 - Experience requirements for registration of a state-registered real estate appraiser assistant. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded eff 1-1-07
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-7 - Continuing Education › Section 1301:11-7-01 - Continuing education requirement

Current through all regulations passed and filed through July 1, 2024
(A)
			 A state registered, licensed or certified real estate appraiser shall submit to
			 the division of real estate, on a form prescribed by the superintendent, such
			 information as the superintendent or appraiser board may require concerning
			 continuing education instruction completed by the individual.
(B) Beginning January 1, 2003, at least once
			 in the succeeding two year education cycle and each two year education cycle
			 thereafter, seven hours of of continuing education shall be in the national
			 uniform standards of professional appraisal practice update course, or its
			 equivalent. Equivalency shall be determined through the appraisal
			 qualifications board course approval program or by an alternate method
			 established by the appraisal qualifications board (AQB).
(C)
			 The requirements of this rule must be satisfied through distance education as
			 defined in paragraph (A) of rule
			 1301:11-7-03 of the
			 Administrative Code or through classroom hours of instruction. For this rule,
			 "classroom hour" applies to instruction in a classroom setting or in a distance
			 education setting.
(D)
								
								An asynchronous distance education course is acceptable
			 to meet class hour requirements if:
(1)
			 The course provides interaction. Interaction is a reciprocal environment where
			 the student has verbal or written communication with the instructor;
			 and
(2)
									
									The course content is approved by:
			 the course approval program through the 
									AQB; the superintendent or the real estate
			 appraiser board; or an accredited college, community college or university that
			 offers distance education programs and is approved or accredited by the
			 commission on colleges, a regional or national accreditation association or by
			 an accrediting agency that is recognized by the U.S. secretary of education.
			 Non-academic credit college courses provided by a college must be approved by
			 the  AQB; and
(3)
									
									The course delivery mechanism
			 approval is obtained from one or more of the following sources:
(a)
										The
			 AQB;
(b)
										AQB approved organizations providing approval of course
			 design and delivery, including but not limited to, the appraisal foundation or
			 other independent approved entity;
(c)
										A college or
			 university that qualifies in paragraph (D)(2) of this rule that awards academic
			 credit for the distance education course; or
(d)
										A qualifying
			 college or university for content approval with a distance education delivery
			 program that approves the course design and delivery that incorporates the
			 interactivity.
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-7 - Continuing Education › Section 1301:11-7-02 - Continuing education course approvals

Current through all regulations passed and filed through July 1, 2024
(A)
			 Application for course approvals.
(1) An
			 applicant for initial course approval, additional course offerings of an
			 approved course or renewal of a course approval shall apply to the division of
			 real estate for approval of appraiser continuing education courses on a form
			 prescribed by the division along with the nonrefundable fee as specified in
			 paragraph (A)(2) of this rule. The application form and fee must be submitted
			 to the division of real estate at least thirty days prior to the proposed
			 initial date of the offering. Upon notice from the division of real estate that
			 an application is incomplete or incorrect as filed, the applicant shall, within
			 thirty days of the date of the last such notice, submit to the division the
			 additional requested information or the corrected application. Failure to
			 timely submit the additional requested information or the corrected application
			 shall constitute just cause for the superintendent to void the
			 application.
(2) A course provider
			 which proposes to offer a continuing education course to registered, licensed,
			 or certified appraisers shall remit to the division of real estate fees in
			 accordance with the following schedule:
(a)
			 For each application for initial approval of a continuing education course:
			 fifty dollars;
(b) For each
			 additional offering of an approved course within the same calendar year after
			 the initial course: ten dollars;
(c) For each continuing education course
			 renewal: fifty dollars; and
(d) For
			 amendment of an approved course offering: ten dollars.
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-7 - Continuing Education › Section 1301:11-7-03 - Distance education

Current through all regulations passed and filed through July 1, 2024
(A)
			 For purposes of this rule, the term "distance education"
			 
								means any education
			 process based on geographical separation of student and instructor. Components
			 of distance education includes synchronous, asynchronous and hybrid.
(1)
									In synchronous
			 education offerings, the instructor and students interact simultaneously
			 online, similar to a phone call, video chat or live webinar, or web-based
			 meeting. Synchronous courses provide for instruction and interaction
			 substantially the same as an on-site classroom setting. Synchronous courses
			 meet class hour requirements if the course meets the requirements found in
			 paragraph (C) of this rule.
(2)
									In asynchronous
			 education offerings, the instructor and student interaction is
			 non-simultaneous; the students progress at their own pace and follow a
			 structured course content and quiz/exam schedule. Asynchronous courses meet the
			 class hour requirements if the course meets the requirements found in paragraph
			 (C) of this rule and paragraph (D) of rule
			 1301:11-7-01 of the
			 Administrative Code.
(3)
									Hybrid courses, also known as blended courses, are
			 learning environments that allow for both in-person and online (synchronous or
			 asynchronous) interaction. In-person course settings, synchronous sessions, and
			 asynchronous sessions for hybrid courses must meet the requirements found in
			 paragraph (C) of this rule. Asynchronous sessions for hybrid courses must also
			 meet the requirements found in paragraph (D) of rule
			 1301:11-7-01 of the
			 Administrative Code.