reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 1301:3 - Division of Industrial Compliance › Chapter 1301:3-10 - Issuance of Licenses and Government Certifications to Out-of-State Applicants › Section 1301:3-10-06 - Application fees for out-of-state applicants

Current through all regulations passed and filed through July 1, 2024
The application fee for a license or
				government certification issued to an out-of-state applicant under Chapter
				4796. of the Revised Code is the same as either the initial application fee or
				renewal fee for the license or government certification for in-state applicants
				under the applicable law for the license or government certification, whichever
				is greater.
Ohio Administrative Code › Title 1301:3 - Division of Industrial Compliance › Chapter 1301:3-10 - Issuance of Licenses and Government Certifications to Out-of-State Applicants › Section 1301:3-10-07 - Expiration and renewal of license or government certification issued to out-of-state applicants

Current through all regulations passed and filed through July 1, 2024
(A)
								A license or government certification issued pursuant
			 to section 4796.03 to
			 4796.05 of the Revised Code is
			 valid for the same period of time as a license or government certification that
			 was not issued under the chapter.
(B)
								A license or
			 government certification issued pursuant to sections
			 4796.03 to
			 4796.05 of the Revised Code
			 shall be renewed in the manner set forth under the law governing the
			 profession, occupation, or occupational activity for which the applicant was
			 issued a license or government certification.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-01 - Prescribing the procedure of the Ohio real estate commission, department of commerce, state of Ohio, in giving public notice, as required by law, of intention to consider adopting, amending or rescinding a rule or regulation

Current through all regulations passed and filed through July 1, 2024
(A) The commission,
			 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 commission 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) Ohio real estate commission
			 shall be authorized to give additional notice of such public hearing as it
			 deems necessary; however, the giving of such additional notice shall not be
			 mandatory and the failure to give notice by any means other than as specified
			 above (A) shall not in any way invalidate any action which may be taken by the
			 Ohio real estate commission.
R.C. 119.032 review dates:
				06/25/2012 and
				06/30/2016
Promulgated
				Under: 119.03
Statutory Authority: 4735.10
Rule
				Amplifies: 4735.10
Prior Effective Dates: 12/31/1975, 12/17/2001,
				01/20/2008
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-03 - Brokerage licenses

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with sections
			 4735.02 to
			 4735.99 of the Revised Code,
			 there shall be one only real estate broker's
			 license issued to an individual.
(B) If a
			 principal broker of a
			 brokerage as defined in division (BB) of section
			 4735.01 of the Revised
			 Code
								 desires to 
								serve as the principal broker for more
			 than one brokerage,
								 the principal broker must seek
			 approval from the superintendent by filing application form(s) as prescribed by
			 the division including, but not limited to, a name reservation application and
			 additional affiliation application.
								
								The superintendent may approve the applications to seek
			 approval to serve as a principal broker for more than one brokerage
			 provided:
(1)
									
			 There is commonality in the name of all brokerages with which the principal
			 broker seeks to affiliate;
(2)
									The principal
			 broker certifies and provides supporting documentation, when requested,
			 evidencing the following for each brokerage with which that principal broker
			 seeks to affiliate:
(a)
										If the brokerage is a corporation or limited liability
			 company, the principal broker is an officer or shareholder of the corporation
			 or a member of the limited liability company;
(b)
										If the brokerage
			 is a partnership or limited liability partnership, the principal broker must be
			 a general partner of the partnership or limited liability
			 partnership;
(c)
										If the brokerage is an association, the principal
			 broker is a member of the association.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-04 - Applications

Current through all regulations passed and filed through July 1, 2024
(A) The signature
			 on any application may be written by hand or be an electronic signature, as
			 defined by division (H) of section
			 1306.01 of the Revised
			 Code.
(B) Upon notice from the
			 division of real estate and professional
			 licensing that an application for initial licensure is incomplete or
			 incorrect as filed, the applicant shall within thirty days of the date of the
			  notice submit to the division a
			 corrected application or the additional information requested.
(C) Failure to timely submit
			 a
			 corrected application or additional information shall constitute just cause for
			 the superintendent to impose a forfeiture of the application fee pursuant to
			 section 4735.06 or
			 4735.09 of the Revised Code
			 and void the application.
(D) Any
			 
								principal broker who terminates sponsorship of an
			 applicant for initial licensure shall give the division and such applicant
			 notice  in writing.
(1)
									Failure to give
			 such notice to the division or applicant may be deemed to be evidence of
			 misconduct in violation of division (A)(6) of section
			 4735.18 of the Revised
			 Code.
(2)
									An applicant not yet approved by the division to sit
			 for the real estate salesperson examination shall within sixty days of the date
			 of notice submit to the division a corrected application with the sponsorship
			 of a new principal broker. Failure to timely submit a corrected application
			 shall constitute just cause for the superintendent to impose a forfeiture of
			 the application fee pursuant to section
			 4735.09 of the Revised
			 Code.
(3)
									An applicant approved by the division to sit for the
			 examination shall be permitted to take the examination. The division shall only
			 issue a new license when the applicant both passes the salesperson examination
			 and submits to the division the sponsorship of a new principal
			 broker.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-06 - Termination of brokerage affiliation

Current through all regulations passed and filed through July 1, 2024
(A) Any principal broker who
			 , for any
			 reason, other than the request of the superintendent, returns the license of
			 a a licensee affiliated with the
			 brokerage shall give the licensee notice
			  in writing by
			 
								hand
			 delivery, mail, facsimile or email within three business days of
			 returning the licensee's license to the division.
			 The principal broker must maintain proof of delivery of
			 the notice to the affiliated licensee and the principal broker shall copy the
			 division on the notice given to the licensee.
(1)
									The notice
			 of return of the salesperson's license shall
			 state that upon return of the licensee's license to the division,
			 the
			 license will be automatically placed in an inactive status and that the
			 superintendent may reactivate the license  pursuant to the reactivation requirements of rule
			 1301:5-1-19
			 of the Administrative Code. A salesperson's license may
			 remain in an inactive status indefinitely provided the salesperson complies
			 with section 4735.14 of the Revised
			 Code.
(2)
									
									The notice for return of a broker's license to the
			 division shall state that, upon return of the broker's license to the division,
			 the license will automatically be placed on deposit and that the superintendent
			 may reactivate the license pursuant to the reactivation requirements of rule
			 1301:5-1-19
			 of the Administrative Code. A broker's license may remain on deposit with the
			 division indefinitely provided the broker complies with paragraph (B) of rule
			 1301:5-1-07
			 of the Administrative Code.
(3)
									Failure to give
			 such notice to the licensee herein prescribed may be deemed to be evidence of
			 misconduct in violation of division (A)(6) of section
			 4735.18 of the Revised
			 Code.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-07 - Placing a brokers license on deposit

Current through all regulations passed and filed through July 1, 2024
(A) A real estate broker may at any time make
			 application, on a form prescribed by the superintendent, to place the broker's
			 license on deposit with the division.
(B) The broker's license may remain on
			 deposit with the division indefinitely, provided that:
(1) The broker complies with the
			 post-licensure education requirements of section
			 4735.07 of the Revised
			 Code;
			 and
(2) The broker complies with
			 the continuing education requirements of section
			 4735.141 of the Revised
			 Code;
			 and
(3) The broker renews the
			 broker's license in accordance with the provisions of section
			 4735.14 of the Revised Code and
			 rule
			 1301:5-1-20
			 of the Administrative Code.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-09 - Fees by rules

Current through all regulations passed and filed through July 1, 2024
Fees other than those established by Chapter 4735. of the
				Revised Code shall be as follows:
(A)
			 A twenty-five dollar fee for replacement of any
			 license where:
(1) The original license
			 issued by the commission has been lost or spoliated;
(2) The original license issued by the
			 commission, in the opinion of the licensee, lacks aesthetic value due to wear
			 and tear or obsolescence;
(3) The
			 broker requests the addition of a business name or change in a business name.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-12 - Open public meetings

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 by:
(1) Writing to the
			 following address - "Ohio Real Estate Commission, Division of Real Estate and
			 Professional Licensing, 77 South High Street, 20th floor, Columbus, Ohio
			 43215-6133";
(2) Calling the
			 following telephone number during normal business hours -614-466-4100;
			 or
(3) Accessing the division of
			 real estate and professional licensing web site.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-13 - Failure to comply with a subpoena as evidence of misconduct

Current through all regulations passed and filed through July 1, 2024
Evidence that a licensee has failed to obey a subpoena issued
				pursuant to section 4735.04
								or Chapter 119, of the Revised Code
				 shall constitute prima facie
				evidence of misconduct and shall constitute a violation of division (A)(6) of
				section 4735.18 of the Revised
				Code.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-14 - Use of name or license for benefit of others

Current through all regulations passed and filed through July 1, 2024
(A) No arrangement, direct or indirect, shall
			 be entered into by any licensee whereby an individual licensee lends
			 the
			 licensee's name or license for the benefit of another person, firm or
			 corporation, or whereby the provisions of the real estate license laws or
			 regulations are circumvented.
(B)
			 Lending a principal broker's license for the
			 benefit of another person, firm or corporation shall be construed as including
			 any arrangement whereby a principal broker fails
			 to personally oversee and direct the operations of the business of which
			 the
			 licensee is licensed as the principal broker. A principal
			 broker approved by the superintendent to be licensed with and act as the
			 principal broker for more than one brokerage does not violate this section
			 provided the principal broker personally directs and oversees the operations of
			 the brokerage and performs all other duties required by division (C) of section
			 4735.081 of the Revised
			 Code.
(C) Evidence that a
			 licensee has entered into an arrangement to lend the licensee's
name or license under the provisions of this rule shall
				constitute prima facie evidence of misconduct and shall constitute a violation
				of division (A)(6) of section
				4735.18 of the Revised
				Code.
(D)
								Evidence that a licensee has entered into an
			 arrangement with a principal broker to use the principal broker's name or
			 license under the provisions of this rule shall constitute prima facie evidence
			 of misconduct and shall constitute a violation of division (A) (6) of section
			 4735.18 of the Revised
			 Code.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-15 - Education requirements for brokers and salespersons

Current through all regulations passed and filed through July 1, 2024
(A) To establish an
			 individual's satisfactory completion of the educational requirements prescribed
			 in sections 4735.07 and
			 4735.09 of the Revised Code, the
			 individual shall present to the division of real estate and professional licensing a properly issued
			 certificate, transcript or similar documentation from the institution or entity
			 at which the course of education was completed.
(B) The post-licensure
			 education
			 requirements of  instruction
			 as prescribed in division (G)(1) of section
			 4735.07 of the Revised Code and
			 division (J) of section
			 4735.09 of the Revised Code may
			 be completed only after the issuance of the licensee's real estate broker's
			 license or real estate salesperson's license.
(C) An individual who has provided classroom
			 instruction of the pre-licensure educational requirements prescribed in
			 sections 4735.07 and
			 4735.09 of the Revised Code
			 within a ten-year period immediately preceding their current
			 application for licensure as a real estate broker or real estate salesperson
			 shall be considered to have successfully completed the unduplicated classroom
			 hours of each required course so instructed.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-16 - Effective date of licensure

Current through all regulations passed and filed through July 1, 2024
(A) No person nor entity shall engage in any
			 conduct for which a real estate license is required until an effective date of
			 licensure has been established by the division.
(B) For initial licensure, the effective date
			 of licensure will be the date that the license is issued, which will be
			 reflected on the license itself.
(C) For license changes, the effective date
			 of licensure will not be established until the division has all of the
			 information and fees necessary to process and issue a new license.
R.C. 119.032 review dates:
				06/25/2012 and
				06/30/2016
Promulgated
				Under: 119.03
Statutory Authority: 4735.10
Rule
				Amplifies: 4735.02, 4735.10
Prior Effective Dates: 8/3/1987,
				5/1/1990, 9/24/2000
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-17 - Stenographic record

Current through all regulations passed and filed through July 1, 2024
For purposes of section
				119.09 of the Revised Code, the
				record of an adjudication hearing before the Ohio division of real estate
				and professional licensing or Ohio real estate
				commission shall be provided by 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.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-18 - Disciplinary sanctions

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to division (I) of section
			 4735.051 of the Revised Code,
			 the following shall apply:
(1) The real estate
			 commission may include, at its sole discretion, any combination of sanctions in
			 its order;
(2) Where multiple
			 violations of the Revised Code are found in a single case, the real estate
			 commission's order shall specifically state the sanction(s) applicable to each
			 violation.
(3) Any final order of
			 the real estate commission no longer subject to appeal, may be publicly
			 disseminated using any of the following methods:
(a) Publication in the division of real
			 estate and
			 professional licensing's newsletter;
(b) Press release(s); and,
(c) Any other method deemed appropriate by
			 the real estate commission and/ or superintendent.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-19 - License reactivation and renewal

Current through all regulations passed and filed through July 1, 2024
(A) A licensee may reactivate:
(1) An inactive license or suspended license
			 upon submission of an application prescribed by the superintendent and the
			 reactivation fee, as required by section
			 4735.15 of the
			 Revised Code, provided that:
(a) The licensee
			 is in compliance with all continuing education requirements pursuant to section
			 4735.141 of
			 the Revised Code and post licensure education requirements pursuant to sections
			 4735.07
			 and
			 4735.09
			 of the Revised Code;
(b) The
			 license has been properly renewed as required in section
			 4735.14
			 of the Revised Code; and
(c) In the
			 case of a disciplinary suspension, the licensee has complied with all of the
			 conditions of the discipline as ordered by the commission.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-20 - Annual brokerage assessment

Current through all regulations passed and filed through July 1, 2024
(A) Licensed corporations, partnerships,
			 limited liability companies, limited liability partnerships,
			 sole-proprietorships or associations shall file the annual brokerage assessment
			 along with the requisite fee with the division on or before June thirtieth of
			 each year.
(B) The annual brokerage
			 assessment pursuant to section
			 4735.15 of the
			 Revised Code, shall be calculated based on the number of salespeople licensed
			 with the brokerage on April first of each year.
(C) The superintendent shall
			 send by regular or electronic mail the annual
			 brokerage assessment to the business address of the brokerage no later than
			 April thirtieth of each year.
(D)
			 Failure to file the annual brokerage assessment along with the requisite fee
			 with the division on or before June thirtieth of each year shall result in the
			 suspension of the license in accordance with division (C) of section
			 4735.14
			 of the Revised Code.
(E) The
			 superintendent shall provide notice to the licensee of the suspension of the
			 license for failure to pay the annual brokerage assessment and include in such
			 notice an outline of the procedure for reactivating the license.
(F) The superintendent may reduce the amount
			 of the brokerage assessment pursuant to section
			 4735.15 of the
			 Revised Code, in any year, based upon the date the payment is received by the
			 division. If the superintendent has reduced the fee, the superintendent may
			 later raise it to the amounts specified in section
			 4735.15 of the
			 Revised Code.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-21 - Team advertising

Current through all regulations passed and filed through July 1, 2024
(A)
								For purposes of
			 this rule, "team" includes any group of two or more associated real estate
			 licensees affiliated with the same brokerage and any other non-licensed
			 professionals, such as administrative assistants and other professionals
			 specializing in real estate related fields who advertise together in a group
			 with a group name and that name is not licensed pursuant to Chapter 4735. of
			 the Revised Code.
(B) Any
			 licensee who advertises as being part of a team shall:
(1) Include in the advertisement the name
			 as prescribed in rule
			 1301:5-1-02 of the
			 Administrative Code of at least one of the licensees. The licensee is not
			 required to include in the advertisement the names of every member of the
			 team;
(2) Include in the
			 advertisement the name of the 
			 brokerage under whom the licensee is licensed and displayed in equal
			 or greater prominence with the team name and with
			 the name of the salesperson in the advertisement;
(3) Identify as unlicensed any unlicensed team member whose name is
			 included in such advertising;
(4)
									Include the term "group" or "team" in the team
			 name;
(5)
									Not use the terms "realty" or "associates" in the team
			 name.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-22 - Three year renewal

Current through all regulations passed and filed through July 1, 2024
(A) All licenses issued
			  shall be renewed on a
			 three year renewal cycle in accordance with paragraph
			 (B) of
			 this rule.
(B)
								 All licenses
			 renewed on a timely basis shall be renewed for a three year period for a fee
			 that is three times the renewal fee for one year for that license and shall be
			 due on the licensee's birthday occurring immediately after the licensee's date
			 of initial licensure and on the licensee's birthday every three years
			 thereafter.
(C)
								 For the purposes of
			 this rule, "license" shall include real estate broker licenses issued in
			 accordance with section
			 4735.06 of the Revised Code, and
			 real estate salesperson licenses issued in accordance with section
			 4735.09 of the Revised Code.
Effective:
				1/1/2013
R.C. 119.032 review dates:
				06/25/2012 and
				06/30/2016
Promulgated
				Under: 119.03
Statutory Authority: 4735.10
Rule
				Amplifies: 4735.10, 4735.14
Prior Effective Dates: 11/13/2003,
				1/1/06
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-1 - Licensing › Section 1301:5-1-23 - Criminal records checks

Current through all regulations passed and filed through July 1, 2024
(A) Within ten days of the date of a request
			 from the superintendent, an applicant or licensee 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 (C)(4) of section
			 4735.05 of the Revised Code and
			 submit the results to the division of real estate and professional licensing
			 within thirty days of the date of the request. The applicant or licensee shall
			 pay any required fee and direct that the results to be transmitted to the
			 division of real estate and professional licensing.
(B) Failure to timely comply with the
			 superintendent's request may be considered prima facie evidence of a violation
			 by a licensee of division (A)(6) of section
			 4735.18 of the Revised Code or,
			 in the case of an applicant for licensure, may constitute just cause for the
			 superintendent to close the applicant's file and impose a forfeiture of any
			 application fee pursuant to division (B) of sections
			 4735.06 and
			 4735.09 of the Revised Code.
Replaces: 1301:5-1-23
R.C. 119.032 review dates:
				06/25/2012 and
				06/30/2016
Promulgated
				Under: 119.03
Statutory Authority: 4735.10
Rule
				Amplifies: 4735.05
Prior Effective Dates: 11/25/2004, 03/26/2007
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-3 - Broker Licensing › Section 1301:5-3-01 - Superintendent's report to the commission on division activities

Current through all regulations passed and filed through July 1, 2024
(A) The
			 superintendent shall submit to the commission, for its review, a monthly report
			 of the activities and decisions of the division which shall include but not be
			 limited to:
(1) The number of all applicants
			 who passed the real estate broker examination and the real estate salesperson
			 examination.
(2) A report of all
			 orders issued by the division pursuant to the authority granted the
			 superintendent through Chapter 4735. of the Revised Code.
(3) Financial reports of the present status
			 of the education and research fund and recovery fund, setting forth all
			 disbursements and a summary of all payments to the funds for the preceding
			 month.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-3 - Broker Licensing › Section 1301:5-3-02 - Recommendation and appointment of ancillary trustees

Current through all regulations passed and filed through July 1, 2024
(A) The recommendation or appointment of an
			 ancillary trustee by the superintendent in accordance with division (C)(3) of
			 section 4735.05 of the Revised Code
			 shall be made as soon as possible following the receipt of an application for
			 such recommendation or appointment.
(B) The appointment of an ancillary trustee
			 to conclude the business affairs of a deceased
								 or
			 revoked principal broker is subject to review by
			 the superintendent, but the authority of such trustee is not automatically
			 stayed pending such review.
(1) Efforts to conclude the business transactions of a
			 deceased
									or
			 revoked, principal broker shall be limited to the supervision
			 and completion of existing contracts and obligations of the
			 principal broker for whom the ancillary trustee
			 is named. Approval as an ancillary trustee by the superintendent shall not
			 authorize said trustee to initiate new ventures or obligations on behalf of the
			 deceased
									or
			 revoked, principal broker.
(2) Upon conclusion of
			 the business transactions of a deceasedor revoked,
			 principal broker the appointed ancillary trustee shall
			 prepare a report to the superintendent stating that all business transactions
			 are concluded and a withdrawal as ancillary trustee.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-3 - Broker Licensing › Section 1301:5-3-04 - Equivalent experience for broker licensing

Current through all regulations passed and filed through July 1, 2024
(A) For the purposes of division (B)(5)(a) of
			 section 4735.07 of the Revised Code,
			 "real estate transaction" shall be defined as follows:
(1) One consummated bona fide sale of a real
			 property and the improvements thereon for the account of another in which the
			 applicant received compensation and was the procuring or selling agent, shall
			 constitute one-half transaction.
(2) One consummated bona fide sale of a real
			 property and the improvements thereon for the account of another, in which the
			 applicant received compensation and was the listing agent, shall constitute
			 one-half transaction.
(3) One lease
			 of individual commercial or industrial property for a term of at least one
			 year, for the account of another in which the applicant received compensation
			 and was the procuring agent, shall constitute one-half transaction.
(4) One lease of individual commercial or
			 industrial property for a term of at least one year for the account of another
			 in which the applicant received compensation and was the listing agent, shall
			 constitute one-half transaction.
(5)
									One lease of residential property
			 for a term of at least one year for the account of another in which the
			 applicant received compensation and was the listing and/or procuring agent,
			 shall constitute one-half transaction.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-3 - Broker Licensing › Section 1301:5-3-07 - Educational loans to individuals

Current through all regulations passed and filed through July 1, 2024
(A) All applications for loans to defray the
			 costs of satisfying the prelicensure educational requirements of division
			 (F)(6)(a) of section 4735.09 of the Revised Code
			 shall be made in writing on a form provided by the superintendent which shall
			 include, although not to be limited to, the following information:
(1) A statement by the applicant that a loan
			 from the educational and research fund is necessary for the completion of
			 courses required for licensing;
(2)
			 The title or titles of the educational course or courses for which the loan is
			 sought;
(3) The full name and
			 address of the  institution or
			 institutions of higher education at which the
			 course or courses will be taken;
(4) The cost of tuition and required texts
			 for such course or courses;
(5) The
			 name of the principal broker sponsoring the
			 license and loan applicant who will serve as a guarantor
									 for the loan from the
			 education and research fund.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-3 - Broker Licensing › Section 1301:5-3-09 - Reciprocity agreements

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to division (E) of sections
			 4735.07 and
			 4735.09 of the Revised Code, the
			 commission, in its discretion, may enter into reciprocity agreements with
			 licensing bodies or agencies from other states where those states have similar
			 licensing requirements, and where similar recognition is extended to licensees
			 of this state.
(B) Such reciprocity
			 agreements shall provide that nonresident applicants for an Ohio real estate
			 salesperson license and nonresident applicants for an Ohio real estate broker
			 license who hold an active real estate license from the jurisdiction with which
			 Ohio has a reciprocity agreement may be licensed in Ohio upon:
(1) Submitting proof of completion of
			 pre-licensure education as defined in division (B)(6)(a)(ii) or (B)(6)(b)(ii)
			 of section 4735.07 of the Revised Code for
			 brokers and division (F)(6)(b)
									
			 of section 4735.09 of the Revised Code for
			 salespersons, and
(2) Receiving a
			 passing score on the Ohio portion of the real estate
			 examination.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-3 - Broker Licensing › Section 1301:5-3-13 - Company name reservation process

Current through all regulations passed and filed through July 1, 2024
(A) Any person who wishes to reserve a name
			 for a proposed new brokerage, or an
			 existing brokerage intending to change its
			 name, shall submit to the division of real estate
			 and professional licensing a written request for
			 the exclusive right to use a specified name as the name of the
			 brokerage.
(B)
								Any name proposed for use by a
			 brokerage shall be approved by the superintendent if it meets the following
			 requirements:
(1)
									The proposed name is not the same as, or is clearly
			 distinguishable from, a name reserved or licensed with the division of real
			 estate and professional licensing by any existing real estate brokerage except
			 that the superintendent may approve the use of a brokerage business name even
			 where the proposed name is not such as to distinguish it from any other
			 existing licensee where written consent from the licensee using the same or
			 similar name is filed with the division of real estate and professional
			 licensing; and
(2)
									The proposed name is not misleading or is likely to
			 mislead the public.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-3 - Broker Licensing › Section 1301:5-3-14 - Settlement agreements

Current through all regulations passed and filed through July 1, 2024
(A) Any real estate broker or real estate
			 salesperson 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
			 to determine whether a violation(s) of section
			 4735.18 of the Revised Code
			 occurred by such licensee 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 licensee committed;
(2) An admission by the licensee that the
			 licensee engaged in such conduct;
(3) An
			 acknowledgement by the licensee that such conduct admitted to constitutes a
			 violation of section 4735.18 of the Revised
			 Code;
(4) A
			 waiver by the licensee of the licensee's right to an administrative hearing
			 pursuant to Chapter 119. of the Revised Code;
(5) An acknowledgement by the licensee that
			 the licensee had the opportunity to review the settlement agreement with
			 the
			 licensee's legal counsel and understands said
			 ageement ;
(6) Recommendation of a sanction, if any,
			 which the superintendent believes should be imposed by the Ohio real estate
			 commission on the licensee for the admitted violation(s) of section
			 4735.18 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
			  commission;
(7)
			 An acknowledgement by the parties that the settlement agreement, if accepted
			 and adopted by the 
			 commission, will become a final order;
(8) A
			 waiver by the licensee of all appeals pursuant to section
			 119.12 of the Revised Code and
			 right to reconsideration pursuant to section
			 4735.19 of the Revised
			 Code; and
(9) Any other provision which the
			 superintendent deems to be appropriate.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-3 - Broker Licensing › Section 1301:5-3-15 - Educational instruction

Current through all regulations passed and filed through July 1, 2024
The 
				post-licensure  instruction as
				prescribed in division (G)(1) of section
				4735.07 and in division
				(J) of
				section 4735.09 of the Revised Code
				shall not be offered to a licensee in which the instruction exceeds eight
				 hours in any one calendar
				day.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-3 - Broker Licensing › Section 1301:5-3-16 - Education and research fund advisory committee

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of assisting in the
			 administration of the real estate education and research fund, as provided in
			 division (C) of section 
									4735.03
								 of the Revised
			 Code, the commission may appoint an education and research fund advisory
			 committee.
(B) The committee shall
			 consist of nine voting members with three year staggered terms.
			 Chairperson, vice-chairperson and members shall be appointed annually by the
			 commission, upon the qualification of the commission member appointed in such
			 year. The commission shall fill any vacancy within sixty days of such vacancy.
			 Committee members may not serve more than two consecutive full terms.
(C) Membership shall be comprised of one
			 agency representative, one representative of the Ohio
			  realtors, one representative
			 of the Ohio
			 realtist association, one member of the commission and
			 five
			 persons actively licensed as real estate brokers or salespersons, pursuant to Chapter 4735. of the Revised
			 Code. The commission may remove any member who misses two consecutive meetings
			 without an excused absence. A majority of the committee members shall
			 constitute a quorum.
(D) The
			 committee shall hold at least one meeting annually.
(E) The commission shall:
(1) Adopt a prescribed funding application
			 which, at a minimum, shall require disclosure of project manager, project
			 description and an itemized budget;
(2) Adopt factoring criteria which shall be
			 utilized by the commission and committee to provide a fair and impartial
			 evaluation of proposed programs and/or projects;
(3) Adopt standard granting conditions that,
			 at a minimum, meet those set forth in the "Federal Circulars and Common Rules
			 Subgrant Guidelines" (https://www.whitehouse.gov/omb/circulars/), to which
			 any grantee of education and research funds must agree and adhere. At a
			 minimum, the conditions must require periodic progress reporting for grants
			 requiring more than six months, staggered funding based on performance,
			 provisions for cancellation or termination of the grant, methods under which
			 the grantee may request an extension, disclosure of property rights and
			 delivery requirements;
(4) Adopt a
			 grant award letter which shall include special conditions as determined by the
			 commission which must be satisfied by the grantee as a stipulation of
			 funding;
(5) Recommend to the
			 committee education projects, research projects and/or programs of interest to
			 the real estate profession.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-5 - General Provisions for Licensees › Section 1301:5-5-01 - Statement to be displayed in brokerage office and included in information pamphlets

Current through all regulations passed and filed through July 1, 2024
Every real estate brokerage office shall prominently display a
				statement in the same immediate area as licenses are displayed which in effect
				states the following:
(A) The broker
			 and sales associates are licensed by the division of real estate, Ohio
			 department of commerce. It is illegal, pursuant to the Ohio fair housing law,
			 division (H) of section
			 4112.02
			 of the Revised Code, and the Federal Fair Housing Law,
			 42 U.S.C.A.
			 3601, (1988), to refuse to sell, transfer,
			 assign, rent, lease, sublease, or finance housing accommodations, refuse to
			 negotiate for the sale or rental of housing accommodations, or otherwise deny
			 or make unavailable housing accommodations because of race, color, religion,
			 sex, familial status as defined in section
			 4112.01
			 of the Revised Code, ancestry, military status as defined in that section,
			 disability as defined in that section, or national origin or to so discriminate
			 in advertising the sale or rental of housing; in the financing of housing, or
			 in the provision of real estate brokerage services, and that the practice of
			 blockbusting is also illegal. The division may be contacted for inquiries and
			 complaints and for information on the real estate recovery fund (section
			 4735.12
			 of the Revised Code) as a source of satisfaction of court judgments against
			 licensees of the division.
(B) The
			 statement shall be printed or electronically
			 displayed in bold type and shall be at least eight inches by ten inches
			 in size. It shall also include the address and telephone number of the offices
			 of the Ohio division of real estate and shall bear the equal housing logo of
			 the United States department of housing and urban development.
(C) The pamphlet required under section
			 4735.03
			 of the Revised Code may be electronic or printed. When
			 printed, it shall be at least four inches by eight inches in size and
			 shall contain, as well as information on housing and remedies available to
			 dissatisfied clients, the statement provided above, including on the front of
			 the pamphlet below the title the following:
"Provided By Ohio Real Estate Commission"
(D) The names of the commission members and
			 the address and telephone number of the division may change from time to time.
			 Pamphlets not reflecting the appropriate information may be used without
			 violating this rule and as new pamphlets are printed, the appropriate changes
			 shall be made. Displayed statements not reflecting the appropriate division
			 address or telephone number shall be replaced within a reasonable time after
			 the appropriate information is available.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-5 - General Provisions for Licensees › Section 1301:5-5-06 - Referral fees paid to persons licensed in other states or countries

Current through all regulations passed and filed through July 1, 2024
(A) A licensed real
			 estate broker of this state may pay a commission or referral fee to a licensed
			 real estate broker of another state or country
			 who refers clients or prospects to the Ohio real estate broker. Except as
			 provided in section 4735.022 of the Revised Code,
			 the out of state or out of country broker who
			 refers clients or prospects to an Ohio real estate broker may not perform any
			 of the other acts of a real estate broker with regard to property located in
			 Ohio unless they first obtain an Ohio real estate license.
(B) A licensed real estate broker of this
			 state may receive a commission or referral fee from a licensed real estate
			 broker of another state or country for the
			 referral of clients or prospects to the licensed real estate broker of another
			 state or country.
(C) As used within this rule, the term
			 "refer" or "referral" means the introduction or directing of a person by one
			 broker to another broker for real estate brokerage services.
Effective:
				1/1/2013
R.C. 119.032 review dates:
				06/25/2012 and
				06/30/2016
Promulgated
				Under: 119.03
Statutory Authority: 4735.10
Rule
				Amplifies: 4735.10, 4735.20
Prior Effective Dates: 5/1/1990,
				6/21/2002
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-5 - General Provisions for Licensees › Section 1301:5-5-07 - Licensure exemption; residential rental property

Current through all regulations passed and filed through July 1, 2024
(A) An individual working with residential
			 rental property who works under the supervision of a principal broker or management
			 level licensee and whose compensation for service is primarily on a
			 salaried or hourly basis, paid by and through the brokerage,
			 shall be exempt from licensure if the individual only performs the following
			 limited duties:
(1) Maintenance;
(2) Clerical or administrative
			 support;
(3) Collects or accepts
			 rents and/or security deposits which are made payable to the owner or real
			 estate brokerage;
(4) Exhibits or
			 shows residential rental units to prospective tenants;
(5) Furnishes published
			 information;
(6) Supplies
			 applications and leases;
(7)
			 Receives applications and leases for submission to the owner or brokerage for
			 approval.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-5 - General Provisions for Licensees › Section 1301:5-5-08 - Handling of trust account funds

Current through all regulations passed and filed through July 1, 2024
(A) No licensee shall accept any note,
			 nonnegotiable instrument or anything of value not readily negotiable in a real
			 estate transaction without the knowledge and written consent of the owner of
			 the real estate.
(B) Special or
			 trust bank accounts shall be designated by the depository in which the account
			 is located, and all deposit tickets and checks drawn on said account shall bear
			 the words "trust account" or "special account."
(C) A broker may maintain the broker's own
			 funds in the special or trust account only when they are clearly identified as
			 the broker's funds and only for the following purposes:
(1) If the financial institution in which the
			 account is maintained requires a special minimum balance that must be
			 maintained in order to keep the account open, the broker may maintain that
			 amount in the account designated as the broker's funds.
(2) If the financial institution in which the
			 account is maintained requires a service charge be paid for the account, the
			 broker may maintain a reasonable amount to cover the service charge in the
			 account in the broker's name.
Ohio Administrative Code › Title 1301:5 - Division of Real Estate › Chapter 1301:5-5 - General Provisions for Licensees › Section 1301:5-5-09 - Trust account records to be maintained

Current through all regulations passed and filed through July 1, 2024
(A) Every brokerage shall keep a record of
			 all trust funds received, including escrow funds, security deposits, and other
			 monies received by the brokerage in a fiduciary capacity. This record shall
			 include, but not be limited to, the following information
			 :
(1) Date funds received;
(2)
									Method of receipt
			 including:
(a)
										Cash and associated receipt number;
(b)
										Negotiable
			 instrument number;
(c)
										Money order number;
(d)
										Electronic funds
			 transfer number;
(e)
										Funds transfer number;
(f)
										Automated
			 clearing house (ACH) number;
(g)
										Credit or debit
			 card transaction number;
(3) Party from whom
			 funds are received and the purpose of the funds;
(4) Amount
			 received;
(5) Date funds are deposited in special or trust bank
			 account and account number;
(6)
									Date funds are
			 disbursed;
(7)
									Method of disbursement including:
(a)
										Cash and
			 associated receipt number;
(b)
										Negotiable
			 instrument number;
(c)
										Money order number;
(d)
										Electronic funds
			 transfer number;
(e)
										Funds transfer number;
(f)
										Automated
			 clearing house (ACH) number;
(g)
										Credit or debit
			 card transaction number;
(8)
									Amount of
			 disbursement;
(9) Party, and if applicable,
			 account to whom funds are disbursed and purpose of
			 disbursement;
(10) Any other documents necessary and sufficient to
			 verify and explain record entries and identify the current balance in the
			 special or trust bank account.