Ohio Administrative Code
Title 1301:11 - Real Estate Appraiser Board
Chapter 1301:11-1 - Real Estate Appraisers Board
Section 1301:11-1-10 - Settlement agreements
Current through all regulations passed and filed through March 18, 2024
(A) Any real estate appraiser who has been notified by the superintendent of a hearing to be held by a hearing examiner pursuant to Chapter 119. of the Revised Code for the purpose of determining whether a violation of section 4763.11 of the Revised Code occurred may enter into a settlement agreement with the superintendent.
(B) The settlement agreement shall contain the following information:
(C) If a settlement agreement is entered, the formal hearing shall be postponed pending the presentation of the settlement agreement terms to the Ohio real estate appraiser board at its next regularly scheduled meeting. All settlement agreements are contingent on the approval of the Ohio real estate appraiser board. If the Ohio real estate appraiser board approves the settlement agreement, then the formal hearing shall be cancelled.
(D) The superintendent shall not enter into any settlement agreements with an appraiser if the superintendent knows it is not the appraiser's free and voluntary act to enter into such an agreement.
(E) Upon reviewing a proposed settlement agreement, the Ohio real estate appraiser board may accept, modify or reject said proposal. No modifications to such an agreement may become a final order without the agreement and consent of the appraiser. If the Ohio real estate appraiser board rejects the proposed settlement agreement terms, or it modifies the settlement agreement terms and the modification is not agreed to by the appraiser, then the matter shall be returned to the division of real estate for additional investigation or shall be set for hearing. For purposes of this rule, a reduction of the proposed sanction in the settlement agreement by the Ohio real estate appraiser board does not constitute a modification of the agreement.
(F) During the course of an investigation, pursuant to section 4763.11 of the Revised Code, the appraiser may voluntarily surrender the appraiser's certificate, license or registration, provided the appraiser affirms under oath: that the appraiser will cease and desist all activity for which a certificate, license or registration is required, and that the appraiser will not apply for an Ohio appraiser certificate, license or registration or an Ohio appraisal management company license in the future.