reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 1301:11 - Real Estate Appraiser Board › Chapter 1301:11-7 - Continuing Education › Section 1301:11-7-04 - Medical exception

Current through all regulations passed and filed through July 1, 2024
(A) The superintendent may grant a medical
			 exception to any state registered, licensed or certified real estate appraiser
			 for the requirements in sections
			 4763.06
			 and
			 4763.07 of
			 the Revised Code provided all of the following are satisfied:
(1) The real estate appraiser registration,
			 license or certificate has been cancelled by the division for failure to
			 satisfy the annual renewal requirements in sections
			 4763.06
			 and
			 4763.07 of
			 the Revised Code;
(2) A written
			 request for a medical exception is filed with the division along with proof
			 satisfactory that a medical exception is warranted. Proof shall include, but is
			 not limited to:
(a) A signed statement by the
			 attending physician, advanced practice registered nurse, or
			 doctoral credentialed clinical psychologist for registrant, licensee or
			 certificate holder describing the disability;
(b) A statement from the
			 
										attending
			 physician, advanced practice registered nurse, or doctoral credentialed
			 clinical psychologist that the disability is of such a nature as to
			 prevent the registrant, licensee or certificate holder from attending any
			 continuing education instruction;
(c) Description of the beginning date and the
			 duration of the disability; and
(d)
			 The initial request for the medical exception is filed with the division within
			 thirty days after the conclusion of the disability as described by the
			 attending physician, advanced practice registered nurse, or
			 doctoral credentialed clinical psychologist.
Ohio Administrative Code › Title 1301:13 - Cemetery Dispute Resolution Commission › Chapter 1301:13-1 - General Provisions › Section 1301:13-1-01 - Public notice of intention to consider adopting, amending or rescinding rules

Current through all regulations passed and filed through July 1, 2024
(A) The cemetery dispute resolution
			 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 the 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
			 therefore;
(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 1301:13 - Cemetery Dispute Resolution Commission › Chapter 1301:13-1 - General Provisions › Section 1301:13-1-02 - Public meetings

Current through all regulations passed and filed through July 1, 2024
(A) Meetings of the cemetery dispute
			 resolution commission shall be held quarterly.
Additional meetings may be held at the call of the
				chairperson, or the vice-chairperson when the chairperson
				is unavailable, or a majority of the members of the commission.
(B) 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 commission by:
(1)
			 Writing to: "The Ohio Cemetery Dispute Resolution Commission, 77 South
			 HighStreet 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 website.
Ohio Administrative Code › Title 1301:13 - Cemetery Dispute Resolution Commission › Chapter 1301:13-1 - General Provisions › Section 1301:13-1-03 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A) "Cemetery," "interment," "burial right,"
			 "entombment right," and "columbarium right" shall have the same meanings as in
			 section 1721.21 of the Revised
			 Code.
(B) "Commission" means the
			 Ohio cemetery dispute resolution commission created by division (A) of section
			 4767.05 of the Revised
			 Code.
(C) "Complainant" means the
			 person or persons that have filed a complaint.
(D) "Complaint" means a signed, written
			 document filed with the division on a form provided by the division regarding
			 the activity, practice, policy, or procedure of, or regarding an alleged
			 violation of section 1721.19,
			 1721.20,
			 1721.21,
			 1721.211,
			 
								4767.02
								or
			 4767.09
								 of the Revised
			 Code, by, any person operating or maintaining a cemetery registered, or a cemetery that is not registered but is required to be
			 registered, pursuant to section
			 4767.03 of the Revised Code,
			 that adversely affects or may adversely affect the interest of an owner or
			 family member of the owner of a cemetery lot or burial, entombment, or
			 columbarium right.
(E) "Division"
			 means the division of real estate and professional licensing in the Ohio
			 department of commerce.
(F)
			 "Parties" include the complainant and respondent.
(G) "Respondent" means the person shown by
			 the cemetery registration records of the division as being the owner or the
			 person responsible for the operation and/or maintenance of a cemetery, as
			 defined in section 1721.21 of the Revised Code,
			 that is the subject of the complaint.
(H) "Superintendent" means the superintendent
			 of the division of real estate and professional licensing in the department of
			 commerce.
Effective: 6/7/2019
Five Year Review
				(FYR) Dates: 6/22/2022
Promulgated Under:
				119.03
Statutory
				Authority: 4767.06
Rule
				Amplifies: 4767.06
Prior
				Effective Dates: 01/20/1994, 12/17/2001, 09/25/2008,
				02/04/2013
Ohio Administrative Code › Title 1301:13 - Cemetery Dispute Resolution Commission › Chapter 1301:13-3 - Complaint Procedure › Section 1301:13-3-01 - Complaint procedure

Current through all regulations passed and filed through July 1, 2024
(A)
								When a signed
			 written complaint against a cemetery is filed, the registration status of the
			 cemetery will be determined by the division:
(1)
									If it is
			 determined that the cemetery is not registered because it is exempt from
			 cemetery registration, the superintendent will return the complaint with a
			 letter explaining that the division has no jurisdiction over a cemetery that is
			 not required to be registered;
(2)
									If it is
			 determined that the cemetery is not registered but is required to be
			 registered, the superintendent will, within fourteen days, after a person files
			 a signed written complaint acknowledge receipt of the complaint and shall send
			 written notice of the complaint to the respondent, including a copy of the
			 complaint. The division will also send a cemetery registration application to
			 the cemetery operator. The operator shall have thirty days after the mailing of
			 the registration application to respond to the division.
(3)
									If it is
			 determined that the cemetery is registered, the superintendent will, within
			 seven days, after a person files a signed written complaint acknowledge receipt
			 of the complaint and shall send written notice of the complaint to the
			 respondent, including a copy of the complaint.
Ohio Administrative Code › Title 1301:13 - Cemetery Dispute Resolution Commission › Chapter 1301:13-3 - Complaint Procedure › Section 1301:13-3-03 - Reports

Current through all regulations passed and filed through July 1, 2024
(A) The division
			 shall submit to the cemetery dispute resolution
			 commission, for its review, a quarterly report of its activities related to the
			 administration of Chapter 4767. of the Revised Code which shall include but not
			 be limited to:
(1) The number of written
			 complaints received during the quarter and the action taken with regard to the
			 complaints;
(2) The number and
			 nature of written and verbal inquiries received by the division during the
			 quarter relating to the application of section
			 1721.19,
			 1721.20,
			 1721.21,
			 1721.211, or
			 4767.02 of the Revised Code and
			 the duties and functions of the commission.
Ohio Administrative Code › Title 1301:13 - Cemetery Dispute Resolution Commission › Chapter 1301:13-5 - Cemetery Registration › Section 1301:13-5-01 - Sale or transfer of cemetery assets

Current through all regulations passed and filed through July 1, 2024
(A) A cemetery owner or operator intending to
			 purchase cemetery assets, management rights, or
			 stock from another cemetery owner or operator and intending to register
			 the cemetery with this division, must provide the division with an audited
			 financial statement to be reviewed by the
			 commission, completed in compliance with generally accepted accounting
			 principles, certifying either that the funds required to be maintained by
			 sections 1721.21 and
			 1721.211 of the Revised Code are
			 funded in accordance with the law or identifying any deficiency. In the case of
			 a deficiency, the commission must approve a plan
			 agreed to by the parties to properly correct any deficiencies and, if
			 necessary, may conduct a mediation between the buyer and seller to reach an
			 agreed plan which will cause the funds to be funded in accordance with the law.
			 A registration shall not be issued to the purchaser until the commission is
			 satisfied that all current funds required to be deposited and maintained
			 pursuant to sections 1721.21 and
			 1721.211 of the Revised Code
			 have been deposited and maintained.
(B) Upon receipt and review of the audit, if
			 the division concludes that all registration requirements have been met, and
			 the commission is satisfied that all current funds required to be deposited and
			 maintained pursuant to sections
			 1721.21 and
			 1721.211 of the Revised Code
			 have been deposited and maintained, the division shall issue registration in
			 the name of the new owner or operator.
Effective: 6/7/2019
Five Year Review
				(FYR) Dates: 6/22/2022
Promulgated Under:
				119.03
Statutory
				Authority: 4767.06
Rule
				Amplifies: 4767.02
Prior
				Effective Dates: 01/01/2000, 09/25/2008, 02/04/2013,
				09/07/2017
Ohio Administrative Code › Title 1301:13 - Cemetery Dispute Resolution Commission › Chapter 1301:13-5 - Cemetery Registration › Section 1301:13-5-02 - Revocation of registration

Current through all regulations passed and filed through July 1, 2024
(A) If a cemetery owner or operator is found
			 by a court of law to be in violation of section
			 1721.21 or
			 1721.211 of the Revised Code,
			 then upon receipt of notice of the violation, the division shall immediately
			 revoke said cemetery's registration and give notice to the cemetery of such
			 action by certified mail.
(B) The
			 owner or operator of a cemetery shall complete and submit in a form prescribed
			 by the superintendent, an application to regain registered status; an audited financial
			 statement, completed in compliance with generally accepted accounting
			 principles, certifying that the funds required to be maintained by sections
			 1721.21 and
			 1721.211 of the Revised Code are
			 funded in accordance with the law; and prove to the satisfaction of the superintendent that the owner or operator is
			 honest, truthful and of good reputation.
Five Year Review (FYR) Dates:
				06/22/2017 and
				06/22/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4767.02
Rule
				Amplifies: 4767.02
Prior
				Effective Dates: 1/1/2000, 09/25/2008,
				02/04/2013
Ohio Administrative Code › Title 1301:13 - Cemetery Dispute Resolution Commission › Chapter 1301:13-5 - Cemetery Registration › Section 1301:13-5-03 - Compliance

Current through all regulations passed and filed through July 1, 2024
(A)
								For a five-year
			 compliance audit conducted pursuant to division (B)(11) of section
			 4767.02 of the Revised Code or
			 if the superintendent or cemetery dispute resolution commission
			 determines that an audit is necessary or appropriate pursuant to division
			 (A)(1) of section 4767.08 of the Revised Code,
			 division personnel shall review financial records of the cemetery to insure
			 compliance with sections
			 1721.21 and
			 1721.211 of the Revised Code.
(B) All cemeteries not otherwise
			 exempt under section 1721.21 or
			 1721.211 of the Revised Code
			 shall be required to keep distinct records for the sale of burial lots, burial
			 rights, entombment rights, or columbarium rights covered under section
			 1721.21 of the Revised Code and
			 merchandise and services covered under section
			 1721.211 of the Revised Code and
			 records for deposit of sales proceeds into trust accounts.
(C) Upon completion of an audit, results
			 shall then be presented to the commission. The commission may refer results to
			 the county prosecutor in the county in which the cemetery is located and/or the
			 attorney general, for further action as may be appropriate.
Effective: 6/7/2019
Five Year Review
				(FYR) Dates: 6/22/2022
Promulgated Under:
				119.03
Statutory
				Authority: 4767.06
Rule
				Amplifies: 4767.02
Prior
				Effective Dates: 01/01/2000, 09/25/2008, 02/04/2013,
				09/07/2017
Ohio Administrative Code › Title 1301:13 - Cemetery Dispute Resolution Commission › Chapter 1301:13-7 - Eligibility for Grants › Section 1301:13-7-01 - Criteria for eligibility

Current through all regulations passed and filed through July 1, 2024
Grants shall only be approved for applicants who are eligible
				to be grantees pursuant to section
				4767.10 of
				the Revised Code and this chapter.
(A)
			 Applicants shall be cemetery operators properly registered pursuant to section
			 4767.02
			 of the Revised Code. Registered cemetery operators that are for-profit
			 companies do not qualify. Grant applicants must provide to the division
			 documentation of eligibility in accordance with the grant guidelines and grant
			 application form.
(B) Any cemetery
			 required to establish and maintain an endowment care trust pursuant to section
			 1721.21
			 of the Revised Code and/or a preneed cemetery merchandise and services trust
			 pursuant to section
			 1721.211
			 of the Revised Code must be in compliance with those sections to be eligible
			 for a grant.
(C) An eligible
			 applicant may apply every other year for one grant of up to
			 two
			 thousand, five hundred dollars. Operators
			 of five or more cemeteries registered with the division may apply each year for
			 up to two
			 thousand, five hundred dollars.
Ohio Administrative Code › Title 1301:13 - Cemetery Dispute Resolution Commission › Chapter 1301:13-7 - Eligibility for Grants › Section 1301:13-7-02 - General provisions

Current through all regulations passed and filed through July 1, 2024
(A)
								A grant cycle
			 shall be the state fiscal year and the division shall distribute grant cycle
			 announcements and guidelines via the division's website (
https://www.com.ohio.gov/real/
)
			 and any other means of distribution deemed appropriate by the division and to
			 those persons or organizations that file a request with the division to be
			 notified of such announcements.
(B)
								The grant
			 announcement and guidelines in any grant cycle shall clearly delineate the
			 following:
(1)
									Available funding during the grant period;
(2)
									Limitations on
			 utilization of resources or activities; and
(3)
									The application
			 review process and the criteria utilized for funding decisions.
Ohio Administrative Code › Title 1301:13 - Cemetery Dispute Resolution Commission › Chapter 1301:13-7 - Eligibility for Grants › Section 1301:13-7-03 - Grant applications

Current through all regulations passed and filed through July 1, 2024
(A)
								Grant
			 applications shall be submitted on forms prescribed by the division and shall
			 bear the original signature of the principal administrative officer or
			 financial officer of the applicant.
(B)
								All grant
			 applications shall include, at a minimum, the following documents and
			 information:
(1)
									Federal tax identification number;
(2)
									Internal revenue
			 service tax exempt certificate, if applicable;
(3)
									Contact
			 information for the fiscal representative of the applicant;
(4)
									Contact
			 information for the programmatic representative of the applicant, if different
			 than fiscal representative;
(5)
									The acreage of
			 the cemetery, how much acreage is fully developed and at capacity and how much
			 acreage has inventory of available interment spaces;
(6)
									Number of
			 interments made in the two previous years;
(7)
									The operating
			 budget of the cemetery;
(8)
									Designation of the percentage of the estimated total
			 cost of the project for which the grant will provide funding;
(9)
									Description of
			 how the applicant will provide the remainder of the estimated total cost of the
			 project, if applicable;
(10)
									Project description and purpose along with the goals of
			 the project;
(11)
									Description of training, including agenda, syllabus or
			 other content material, how the training relates to the maintenance and
			 operations of cemeteries, name and contact information of the provider, if
			 applicable;
(12)
									How grant funds will be accounted for separately from
			 other sources of funding, if applicable;
(13)
									Additional
			 information as required by the division as set forth in its grant
			 guidelines.
Ohio Administrative Code › Title 1301:13 - Cemetery Dispute Resolution Commission › Chapter 1301:13-7 - Eligibility for Grants › Section 1301:13-7-04 - Grant restrictions and requirements

Current through all regulations passed and filed through July 1, 2024
(A) Grant funds shall not be used for
			 activities or purchases related to an approved grant project prior to formal
			 approval of the grant application by the superintendent and
			 receipt by the division of the original, signed grant
			 agreement from the awardee.
(B) Grant funds shall only be expended by the
			 grantee to whom the grant was awarded and all grant funds must be expended or
			 obligated by a grantee within the grant cycle for which they were awarded. Any
			 grant funds not expended or obligated by the date contained in the grant
			 conditions shall be remitted to the division within thirty days following the
			 end of the grant cycle.
(C) A final
			 report accounting for all grant funds by a grantee shall be submitted to the
			 division not later than thirty days after the end of the grant cycle. All
			 expenditures and disbursements of grant funds by a grantee shall be subject to
			 generally accepted accounting principles. Any equipment purchased with grant
			 funds shall be retained by the grantee and used in accordance with the terms of
			 the grant award for the useful life of the equipment.
(D) At any time during the grant funding
			 cycle or after a final report has been submitted by the grantee, the division
			 may require that the grantee undergo an audit of the project administration and
			 implementation. Within ten days after a request by the division, a grantee
			 shall supply original or verifiable copies of all receipts and other
			 appropriate documentation related to disposition of the grant funds and make
			 available for onsite inspection by the division any and all records, books,
			 documents and financial reports upon reasonable notice. These materials must be
			 held for two years from the acceptance of the project final report in the
			 offices of the grantee.
(E) Failure
			 to comply with any paragraphs of this rule may be considered a misappropriation
			 of funds and shall be investigated by the division. A misappropriation or
			 failure to properly administer grant funds shall result in forfeiture of
			 unexpended grant funds. The grantee shall repay any funds determined by the
			 division to have been inappropriately expended and the grantee may be
			 considered ineligible for funding in future grant cycles.
(F) If, as a result of an investigation, the
			 superintendent believes that a grantee committed a criminal violation, the
			 superintendent shall report the findings to the appropriate
			 authorities.
Ohio Administrative Code › Title 1301:13 - Cemetery Dispute Resolution Commission › Chapter 1301:13-7 - Eligibility for Grants › Section 1301:13-7-05 - Cemetery grant advisory committee

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of assisting in the
			 administration of the cemetery grant fund, as provided in section
			 4767.10 of
			 the Revised Code, the Ohio cemetery dispute resolution commission may appoint a
			 grant advisory committee.
(B) The
			 committee shall consist of seven voting members with three-year staggered
			 terms. A chairperson and vice-chairperson may be appointed
			 annually by the commission, upon the qualification of the commission member(s)
			 appointed in such year. The commission shall fill any committee vacancy within
			 one hundred twenty days of such vacancy.
(C) Membership shall be comprised of the
			 superintendent or the superintendent's designee, one representative of the Ohio
			 township association, one representative of the Ohio municipal league, one
			 representative of the Ohio cemetery association, one representative of the
			 catholic conference of Ohio, one public member of the commission and one person
			 actively involved in the operations of a cemetery registered with the division.
			 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 committee may:
(1)
									Suggest methods
			 of
									advertising funding availability
			 ;
(2) Review and score grant applications of
			 eligible grantees in accordance with the established grant guidelines and
			 standard conditions;
(3) Recommend
			 to the superintendent whether special circumstances of the
			 application fall within exceptional maintenance as set forth in section
			 4767.10 of
			 the Revised Code and this chapter;
(4) Recommend to the superintendent grant
			 applications for funding.
Ohio Administrative Code › Title 1301:13 - Cemetery Dispute Resolution Commission › Chapter 1301:13-7 - Eligibility for Grants › Section 1301:13-7-06 - Distribution of grant funds

Current through all regulations passed and filed through July 1, 2024
(A) The superintendent shall review the
			 recommendations of the cemetery grant advisory committee.
(B) Except as otherwise provided in law or
			 regulation, the superintendent may approve or deny any, all, or a portion of a
			 grant application.
(C) A grant
			 award agreement, including any special conditions or requested revisions, will
			 be signed by the superintendent and will be sent to all successful applicants
			 to activate the grant award process.
(D) A successful applicant has
			 forty-five days from the date of the grant award
			 notice to sign and return the grant award agreement. If the division does not
			 receive the signed grant award agreement within forty-five
			 days, or other agreed upon reasonable time after notification, the grant award
			 may be rescinded by the division with a written notice to the applicant. After
			 a successful applicant has timely returned the signed grant award agreement,
			 the grant funds will be processed and disbursed in the name of the successful
			 applicant.
(E) The division will
			 send written notice to all unsuccessful applicants.
Ohio Administrative Code › Title 1301:15 - Mass Appraisal › Chapter 1301:15-1 - Mass Appraisal Education › Section 1301:15-1-01 - Form and manner by which persons may apply to the superintendent to offer a thirty hour course in mass appraisal

Current through all regulations passed and filed through July 1, 2024
(A)
								 A course
			 provider, which proposes to offer a thirty hour course in mass appraisal in
			 satisfaction of the requirements found in division (A)(2)(a) of section
			  5713.012  of the Revised Code,
			 shall satisfy all of the following:
(1)
									 Completes an application for approval to offer the
			 thirty hour course on a form the Superintendent prescribes;
(2)
									 The application
			 shall be signed by an administrator for the course provider. 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;
(3)
									 Provides a copy of course materials, including course
			 examination questions, demonstrating the course and the examination complies
			 with division (A)(2)(a) of section
			  5713.012  of the Revised
			 Code;
(4)
									 Provides a copy of materials demonstrating the course
			 instructor meets the requirements found in rule 1301:15-1-04 of  the Administrative Code; and
(5)
									 Submits a nonrefundable fee of fifty
			 dollars;
Ohio Administrative Code › Title 1301:15 - Mass Appraisal › Chapter 1301:15-1 - Mass Appraisal Education › Section 1301:15-1-02 - Form and manner by which persons may apply to the superintendent to offer a continuing education course in mass appraisal

Current through all regulations passed and filed through July 1, 2024
(A)
								 A course
			 provider, which proposes to offer a continuing education course in mass
			 appraisal in satisfaction of the requirements found in section
			  5713.012  of the Revised Code,
			 shall satisfy all of the following:
(1)
									 Completes an application for approval to offer a
			 continuing education course on a form the superintendent
			 prescribes;
(2)
									 The application shall be signed by an administrator
			 for the course provider. 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;
(3)
									 Provides a copy of course materials demonstrating the
			 course complies with the course topics found in division (A)(2)(a) of section
			  5713.012  of the Revised
			 Code;
(4)
									 Provides a copy of materials demonstrating the course
			 instructor meets the requirements found in rule 1301:15-1-04 of  the Administrative Code; and
(5)
									 Submits a nonrefundable fee of fifty
			 dollars;
Ohio Administrative Code › Title 1301:15 - Mass Appraisal › Chapter 1301:15-1 - Mass Appraisal Education › Section 1301:15-1-03 - Instructor qualifications to offer the thirty hour course or a continuing education course in mass appraisal

Current through all regulations passed and filed through July 1, 2024
An instructor, that proposes to
				instruct the thirty hour course or a continuing education course in mass
				appraisal in satisfaction of the requirements found in section
				 5713.012  of the Revised Code,
				must meet at least one of the following qualifications:
(A)
								 Possession of a
			 bachelor's degree in a related field to that in which the person is to teach,
			 from a school listed as an institution of higher learning by the United States
			 department of education or from a comparable school of a foreign country;
(B)
								
			 Possession of a valid teaching credential or certificate from Ohio or another
			 state authorizing the holder to teach in the field of instruction which the
			 person is to teach;
(C)
								 Five years full-time experience in a profession, trade
			 or technical occupation in the applicable field;
(D)
								 Any combination
			 of five years of full-time experience relevant to the applicable field and
			 college level education; or
(E)
								 Possession of a
			 professional designation relating to mass appraisal.
Effective:
				6/1/2015
Five Year Review (FYR) Dates:
				06/01/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  5713.012
Rule
				Amplifies:  5713.012
Ohio Administrative Code › Title 1301:15 - Mass Appraisal › Chapter 1301:15-1 - Mass Appraisal Education › Section 1301:15-1-04 - Record keeping requirements

Current through all regulations passed and filed through July 1, 2024
A course provider shall maintain for
				five years, from the date of the superintendent's approval, a record of
				attendance of each student successfully completing a thirty hour course in mass
				appraisal, including the course examination or a continuing education course in
				mass appraisal. A record may be maintained in writing or in an electronic
				format. A record shall constitute:
(A)
									 The name of the course;
(B)
									 The name of the
				instructor who instructed the course;
(C)
									 The names of the
				students who successfully completed the course;
(D)
									 The names of the
				students who successfully passed the course examination;
(E)
									 The addresses of
				the students who successfully completed the course;
(F)
									 The course
				certification number provided by the Superintendent; and
(G)
									 The dates the
				course and the course examination were successfully completed by the
				student.
Effective:
				6/1/2015
Five Year Review (FYR) Dates:
				06/01/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  5713.012
Rule
				Amplifies:  5713.012
Ohio Administrative Code › Title 1301:16 - Real Estate Appraiser Board › Chapter 1301:16-1 - Meetings and Notifications › Section 1301:16-1-01 - 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.
(B)
								The notice shall
			 meet the requirements of division (A) of section
			 119.03 of the Revised Code. 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 1301:16 - Real Estate Appraiser Board › Chapter 1301:16-1 - Meetings and Notifications › Section 1301:16-1-02 - 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,
			 6606 Tussing Road, P.O. Box 4008, Reynoldsburg, Ohio
			 43068;
									 or
(2)
			 Calling the following telephone number during normal business hours -
			 614-466-4100; or
(3) Emailing
			  mailto:
			 webreal@com.ohio.gov or such other address as may from time to time be
			 published on the division's website; or
(4) Accessing the division of real estate and
			 professional licensing website.
Ohio Administrative Code › Title 1301:16 - Real Estate Appraiser Board › Chapter 1301:16-1 - Meetings and Notifications › Section 1301:16-1-03 - 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 licensure, each owner and controlling person of the
			 applicant shall submit fingerprints to the Ohio bureau of criminal
			 identification [BCI] using a method authorized by BCI for a criminal record
			 check pursuant to division (C) of section
			 4768.06 of the Revised Code.
			 When the owner and the controlling person are the same individual, only one set
			 of fingerprints shall be submitted. BCI submits the results to the division of
			 real estate and professional licensing within thirty days of BCI's receipt of
			 the fingerprints. Each owner and controlling person 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 application and impose a forfeiture of any application fee.
Ohio Administrative Code › Title 1301:16 - Real Estate Appraiser Board › Chapter 1301:16-1 - Meetings and Notifications › Section 1301:16-1-04 - Fees

Current through all regulations passed and filed through July 1, 2024
The applicable nonrefundable fees shall
				be assessed by the real estate appraiser board as follows:
(A)
								A one
			 thousand-dollar fee for licensure as an appraisal management
			 company.
(B)
								A seven hundred fifty-dollar fee for the annual renewal
			 of an appraisal management company license must be submitted with the renewal
			 application for licensure.
(C)
								A two hundred
			 fifty-dollar late filing fee for an applicant of an annual renewal of appraisal
			 management company license who filed their renewal within three months after
			 the expiration of their license. The late filing fee must be submitted with the
			 renewal application for licensure.
(D)
								In accordance
			 with section 1109(a) of the "Financial Institutions Reform, Recovery and
			 Enforcement Act" as amended,
			 12
			 U.S.C. 3338(a), an initial
			 federal registry fee shall be assessed to each appraisal management company
			 licensed as an Ohio appraisal management company on January 1, 2020, and
			 thereafter, a federal registry fee shall be assessed when an appraisal
			 management company license is initially issued or at the time of renewal. The
			 assessment shall be paid to the division at the time of initial application or
			 renewal of the license. Any change in the federal registry fee authorized by
			 the appraisal subcommittee pursuant to section 1109(a) of the "Financial
			 Institutions Reform, Recovery and Enforcement Act" as amended,
			 12
			 U.S.C. 3338(a), shall be
			 assessed, upon notice, for all initial and current Ohio appraisal management
			 company licenses.
(E)
								A twenty-five dollar fee must be submitted to the
			 division for any of the following: a letter of good standing; a replacement
			 license resulting from a change in the licensee's company name, business
			 address or controlling person; or replacement license must be issued due to the
			 original license has been lost or spoliated.
(F)
								The
			 superintendent of real estate may require that fees be paid by credit card,
			 debit card, personal check, cashier's check, certified check or money
			 order.
Effective: 2/1/2019
Five Year Review
				(FYR) Dates: 10/31/2023
Promulgated Under:
				119.03
Statutory
				Authority: 4768.03
Rule
				Amplifies: 4768.03
Ohio Administrative Code › Title 1301:16 - Real Estate Appraiser Board › Chapter 1301:16-1 - Meetings and Notifications › Section 1301:16-1-05 - Stenographic record

Current through all regulations passed and filed through July 1, 2024
For purposes of sections
				119.09,
				4768.08,
				4768.13 and
				4768.14 of the Revised Code, the
				stenographic record of an adjudication hearing before the Ohio division of real
				estate and professional licensing or Ohio 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.
Effective: 2/1/2019
Five Year Review
				(FYR) Dates: 10/31/2023
Promulgated Under:
				119.03
Statutory
				Authority: 4768.03
Rule
				Amplifies: 4768.13,
				4768.14
Ohio Administrative Code › Title 1301:16 - Real Estate Appraiser Board › Chapter 1301:16-1 - Meetings and Notifications › Section 1301:16-1-06 - Applications for appraisal management company license

Current through all regulations passed and filed through July 1, 2024
(A)
								An applicant for an initial or a renewal of an Ohio
			 appraisal management company license may obtain an Ohio appraisal management
			 company license provided the following, including but not limited to, are
			 satisfied:
(1)
									The applicant completes an application form prescribed by
			 the superintendent to be a licensed appraisal management company in
			 Ohio;
(2)
									Payment of appropriate fees required by rule
			 1301:16-1-04 of the
			 Administrative Code; and
(3)
									On behalf of the appraisal management company, the
			 applicant consents to service of process by means of delivering that process to
			 the company's last known address with the division of real estate and
			 professional licensing by registered mail, return receipt requested. A copy of
			 the service of process shall be delivered to the company's controlling person
			 by registered mail, return receipt requested.
Ohio Administrative Code › Title 1301:16 - Real Estate Appraiser Board › Chapter 1301:16-1 - Meetings and Notifications › Section 1301:16-1-07 - Failure to comply with a subpoena

Current through all regulations passed and filed through July 1, 2024
Failure by a licensee to obey a
				subpoena issued pursuant to section
				4768.05 of the Revised Code
				pertaining to an inquiry or investigation conducted by the board or
				superintendent shall constitute prima facie evidence of a violation of division
				(K)(10) of section 4768.13 of the Revised
				Code.
Effective: 2/1/2019
Five Year Review
				(FYR) Dates: 10/31/2023
Promulgated Under:
				119.03
Statutory
				Authority: 4768.03
Rule
				Amplifies: 4768.05,
				4768.13
Ohio Administrative Code › Title 1301:16 - Real Estate Appraiser Board › Chapter 1301:16-1 - Meetings and Notifications › Section 1301:16-1-08 - Settlement agreements

Current through all regulations passed and filed through July 1, 2024
(A) Any appraisal management company licensee
			 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 purposes
			 of determining whether a violation of section
			 4768.13 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 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
			 4768.13 of the Revised
			 Code;
(4) A waiver by the licensee
			 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;
(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
			 4768.13 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 license for a
			 specified period of time;
(b) A
			 revocation or surrender of the license;
(c) A requirement the licensee pay a fine,
			 not exceeding twenty-five thousand dollars per violation;
(d) Reprimand of the 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 licensee of all appeals
			 pursuant to section 119.12 of the Revised Code and
			 any right of reconsideration;
(9)
			 An acknowledgment by the parties that a 
									licensee's
			 failure to pay any fine ordered by the Ohio real estate appraiser board in a
			 timely manner shall result in the automatic suspension of the Ohio appraisal
			 management company license; and
(10) Any other provision which the
			 superintendent deems to be appropriate.
Ohio Administrative Code › Title 1301:16 - Real Estate Appraiser Board › Chapter 1301:16-1 - Meetings and Notifications › Section 1301:16-1-09 - Informal mediation meeting accommodations

Current through all regulations passed and filed through July 1, 2024
(A) An informal mediation meeting, in
			 accordance with section
			 4768.13 of the Revised Code, may
			 be held for the purpose of facilitating an accommodation between the
			 complainant and licensee. Any party who participates in the informal mediation
			 meeting may be accompanied by legal counsel, whose role shall be limited to
			 representing his/her client. "Mediation" is defined by division (A) in section
			 2710.01 of the Revised
			 Code.
(B) Except as provided in
			 Chapter 2710. of the Revised Code, nothing said or done during the informal
			 mediation meeting shall be disclosed by the mediator or division staff or be
			 used as evidence in any subsequent hearing, investigation, or other proceeding.
(C) If an accommodation is reached at the
			 informal mediation meeting, the mediator shall prepare an accommodation
			 agreement. The accommodation agreement shall be signed by the persons to be
			 bound by the agreement and the division's
			 mediator on behalf of the superintendent.
(D)
								The accommodation agreement shall be held in
			 confidence by the superintendent, the mediators,
			 and other personnel of the department.
(E) If the superintendent finds the licensee
			 has failed, without good cause shown, to comply with the terms set forth in the
			 accommodation agreement, the following shall
			 apply:
(1) The accommodation agreement will be
			 considered null and void;
(2) The
			 superintendent may proceed with the formal investigation based on the original
			 complaint; and
(3) The licensee's
			 failure to comply with the accommodation agreement shall constitute prima facie
			 evidence of misconduct and shall constitute a violation of division (K)(10) of
			 section 4768.13 of the Revised
			 Code.
Ohio Administrative Code › Title 1301:16 - Real Estate Appraiser Board › Chapter 1301:16-1 - Meetings and Notifications › Section 1301:16-1-10 - Presumptions of compliance rule

Current through all regulations passed and filed through July 1, 2024
An Ohio appraisal management company
				licensee shall compensate appraisers in compliance with the federal "Truth in
				Lending Act," (
				15 U.S.C. Section
				1601 et seq.) and regulations promulgated
				thereunder.
Effective: 2/1/2019
Five Year Review
				(FYR) Dates: 10/31/2023
Promulgated Under:
				119.03
Statutory
				Authority: 4768.03
Rule
				Amplifies: 4768.12
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-01 - Public notice

Current through all regulations passed and filed through July 1, 2024
(A)
								The home
			 inspector 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 the 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 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-02 - 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 home inspector board
			 by:
(1)
									Writing
			 to the following address - "Home Inspector 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 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-04 - Out of state applicants

Current through all regulations passed and filed through July 1, 2024
(A)
								An applicant for
			 an initial Ohio home inspector license may obtain a license pursuant to section
			 4764.10
			 of the Revised Code provided the following, including but not limited to, are
			 satisfied:
(1)
									The applicant completes an application prescribed by the
			 superintendent;
(2)
									The applicant submits to criminal background check as
			 found in division (B) of section
			 4764.07
			 of the Revised Code;
(3)
									The applicant satisfies all the requirements of section
			 4764.10
			 of the Revised Code; and
(4)
									Payment of appropriate fees required by division (A) of
			 rule
			 1301:17-1-03
												 of the Administrative Code.
Ohio Administrative Code › Title 1301:17 - Home Inspector › Chapter 1301:17-1 - Home Inspector Board › Section 1301:17-1-05 - Applications

Current through all regulations passed and filed through July 1, 2024
(A)
								An applicant for an initial or a renewal of an Ohio
			 home inspector license may obtain a license provided the following, including
			 but not limited to, are satisfied:
(1)
									The applicant completes an application form prescribed
			 by the superintendent satisfying the requirements to be an Ohio licensed home
			 inspector; and
(2)
									Payment of appropriate fees required by rule
			 1301:17-1-03 of the Administrative Code.