Current through all regulations passed and filed through September 16, 2024
(A) In determining whether a person has the
character and general fitness to command the confidence of the public and
warrant the belief that the business will be operated honestly and fairly in
compliance with the purposes of Chapter 1322. of the Revised Code and the rules
adopted thereunder, the superintendent may consider, among other things,
whether the person or an owner, officer or director thereof, has:
(1) Been convicted of, or pled guilty or nolo
contendere in any court of competent jurisdiction to any felony;
(2) Been convicted of, or pled guilty or nolo
contendere in any court of competent jurisdiction to any misdemeanor within
seven years of the date of application;
(3) Been found liable in any court of
competent jurisdiction for acts or omissions relating to residential or
commercial mortgage lending services, real estate services, or any other
financial products or services;
(4)
Been refused or denied a professional registration or license by any state or
federal agency granted disciplinary or regulatory authority by state or federal
law;
(5) Had a professional license
or registration suspended or revoked by any state or federal agency granted
disciplinary or regulatory authority by state or federal law, including
being placed on the HUD
limited denials of participation list pursuant to 2 C.F.R. part 2424, as in
effect on January 12, 2014;
(6)
Been issued a cease and desist order or had a fine imposed by any court of
competent jurisdiction or by any state or federal agency granted disciplinary
or regulatory authority by state or federal law for conduct relating to a
professional license or registration;
(7) Violated any provision of Chapter 1321.,
1322., 4712., 4727., or 4728. of the Revised Code or sections
1315.21. to
1315.30,
1345.031, or
1349.25 to section
1349.35 of the Revised Code or
any rules promulgated thereto;
(8)
Engaged in any conduct which would reflect negatively on the honesty or
business repute of the person, including the failure to provide complete and accurate information
concerning the person's past; or
(9) A pattern of disregard of the laws of
this state, another state, or the United States.
(B) In determining whether a person has the
financial responsibility to command the confidence of the public and warrant
the belief that the business will be operated honestly and fairly in compliance
with the purposes of Chapter 1322. of the Revised Code and the rules adopted
thereunder, the superintendent may consider, among other things, whether the
person, or an owner, officer or director thereof, has:
(1) Any current outstanding civil or criminal
judgments for money, restitution, or damages of any kind;
(2) Any current outstanding tax liens or
other government liens;
(3) A
foreclosure filed within the past five years whether residential or
commercial;
(4) A bankruptcy filed
within the past five years;
(5) Any
current accounts that are past due, in collection, or charged off, and which in
the aggregate exceed five thousand dollars.
(C) In assessing financial responsibility
pursuant to paragraph (B) of this rule, the superintendent may consider
mitigating factors, including:
(1) Involuntary loss of job or
income;
(2) Divorce;
(3) Involuntary medical expenses incurred by
the person or the person's spouse or dependent;
(4) Certified copies of satisfactions of
judgments, tax liens or other government liens;
(5) Certified copies of bankruptcy discharge
orders, schedules, or dismissal documents;
(6) Written evidence of a repayment plan or
agreement with creditors; or
(7)
Any other information the superintendent believes reflects circumstances beyond
the control of the person.
