Current through all regulations passed and filed through September 16, 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.
(B) Pursuant to division (I)(3) of
section 4735.051 of the Revised Code,
when the real estate commission imposes a monetary fine as a sanction for
violation of any provision of Chapter 4735. of the Revised Code, the payment of
the fine by the licensee shall be subject to the following conditions:
(1) In all cases except those qualifying
under paragraph (B)(2) of this rule, payment of any fine shall be received by
the division of real estate and professional
licensing within thirty days of the date of the commission's finding and
order imposing the fine;
(2) The
superintendent may extend the payment of any fine. The terms of the extended
payment period may include a schedule for specified interim payments;
(3) Any fine or payment not received by the
division as specified in the real estate commission's order or pursuant to
paragraph (B)(2) of this rule shall result in the automatic suspension of the
licensee's real estate license;
(4)
Reactivation of a license suspended pursuant to paragraph (B)(3) of this rule
must be within twelve months of the date of license suspension and shall only
occur upon all of the following:
(a) Payment in full to the division of real
estate and professional licensing of all fines
imposed;
(b) Filing of a
reactivation application; and
(c) Payment of the reactivation fee, as required by section
4735.15 of the Revised Code.
(d) If the licensee's renewal
deadline passed during the period of license suspension,
renewal
of the license
including payment of the renewal fee plus a penalty fee of fifty per cent
of the renewal fee, as required by section
4735.14 of the Revised
Code.
(e) If the licensee's
continuing education, pursuant to section
4735.141 of the Revised Code,
and/or post-licensure education, pursuant to section
4735.07 or
4735.09 of the Revised Code,
deadline passed during the period of license suspension, the licensee shall
submit proof of completion of the required education.
(5) A licensee's license is revoked
automatically, without the taking of any action by the superintendent, when the
licensee fails to properly reactivate the license under paragraph (B)(4) of
this rule within twelve months of the date of the license suspension.
(C) Pursuant to division (I)(5) of
section 4735.051 of the Revised Code,
when the real estate commission imposes education course(s) as a sanction for a
violation of any provision of Chapter 4735. of the Revised Code, the completion
of the course(s) by the licensee shall be subject to the following conditions:
(1) The real estate commission's order
imposing the education sanction
shall specify the specific course content, the number of hours to be completed,
date by which the course(s) is to be completed, and the method by which
satisfaction of the order is to be reported to the division of real estate
and professional licensing;
(2) No education course(s) ordered by the real
estate commission as sanction for violation of any provision of section
4735.18 of the Revised Code
shall be credited towards the licensee's continuing education requirements as
addressed in section 4735.141 of the Revised
Code;
(3) Only courses pre-approved
by the division of real estate and professional
licensing shall be accepted for purposes of fulfilling a
education sanction as order by
the real estate commission;
(4)
Any licensee ordered to complete additional education as a sanction, may in advance
of completing such course work, request written verification from the division
of real estate and professional licensing that
the proposed course(s) will satisfy the criteria set forth in the real estate
commission's order;
(5) The
superintendent shall have
the discretion to extend the time
for completion and/or modify the course(s) content parameters of the real
estate commission order imposing
education course(s) upon good cause shown;
(6) Any education course(s) not satisfactorily
completed and reported to the division of real estate and professional licensing, as specified in the real
estate commission's order, shall result in the automatic suspension of the
licensee's real estate license;
(7)
Reactivation of a license suspended pursuant to paragraph (C)(6) of this rule
must be within twelve months of the date of license suspension and shall only
occur upon all of the following:
(a) Satisfactory verification of the
completion of the ordered
education course(s);
(b) Filing of
a reactivation application; and
(c) Payment of an reactivation fee, as required by section
4735.15 of the Revised
Code.
(d) If the licensee's renewal
deadline passed during the period of license suspension,
renewal
of the
license including payment of the renewal fee plus a penalty fee of fifty
per cent of the renewal fee, as required by section
4735.14 of the Revised
Code.
(e) If the licensee's
continuing education, pursuant to section
4735.141 of the Revised Code,
and/or post-licensure education, pursuant to section
4735.07 or
4735.09 of the Revised Code,
deadline passed during the period of license suspension, submission of proof of
completion of the required education.
(8) A licensee's license is revoked
automatically, without the taking of any action by the superintendent, when the
licensee fails to properly reactivate the license under paragraph (B)(7) of
this rule within twelve months of the date of the license suspension.
(D) Pursuant to division (I)(2) of
section 4735.051 of the Revised Code,
when the real estate commission imposes a license suspension as a sanction for
a violation of any provision of Chapter 4735. of the Revised Code, the license
will be automatically reactivated by the superintendent
after the suspension period, unless the licensee's
renewal, continuing education or post-licensure education deadline passed
during the period of license suspension, in which case the license suspension
is continued and the licensee is subject to the appropriate reactivation
requirements of rule
1301:5-1-19
of the Administrative Code.
(E)
Pursuant to division (C)(5) of section
4735.16 of the Revised Code and
section 4735.181 of the Revised Code, if
the superintendent imposes a license suspension for failure to remit the fine
contained in a final citation, the license reactivation must be within twelve
months of the date of license suspension, and shall only occur upon
all of the following:
(1) Payment in full to the division of real
estate and professional licensing all fines
imposed, and
(2) Filing of a
reactivation application;
(3)
Payment of the reactivation fee, as provided in section
4735.15 of the Revised
Code;
(4) If the licensee's renewal,
continuing education or post-licensure education deadline passed during the
period of license suspension, the licensee is also subject to the appropriate
reactivation requirements of rule
1301:5-1-19
of the Administrative Code; and
(5) A licensee's license is revoked
automatically, without the taking of any action by the superintendent, when the
licensee fails to properly reactivate the license under this paragraph within
twelve months of the date of the license suspension.
(F) Pursuant to section
4735.182 of the Revised Code, if
a license is suspended for failure to remit payment on an unpaid
negotiable
instrument for insufficient funds or the penalty fee, the license
reactivation must be within twelve months of the date of license suspension,
and shall only occur upon all of the following:
(1) Payment by cashier's check, certified
check or money order, all fees due and fines imposed;
(2) Filing of an reactivation application;
(3) Payment of the reactivation fee, as
provided in section 4735.15 of the Revised
Code;
(4) If the licensee's renewal,
continuing education or post-licensure education deadline passed during the
period of license suspension, the licensee is also subject to the appropriate
requirements of rule
1301:5-1-19
of the Administrative Code; and
(5) A licensee's license is revoked
automatically, without the taking of any action by the superintendent, when the
licensee fails to properly reactivate the license under this section within
twelve months of the date of the license suspension.