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Ohio Laws and Rules
(A) Public notice of the intention of the real estate appraiser board, department of commerce, state of Ohio, to consider adopting, amending or rescinding a rule shall be published at least once, in the English language, at least thirty days prior to the date set for a public hearing to consider adopting, amending or rescinding said rule,
(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.
(C) A copy of the public notice shall be provided by the board to any person who requests a copy and pays the cost of copying and mailing.
(D) The real estate appraiser board may give additional notice of such public hearing as it deems necessary.
HISTORY: Eff 10-17-90 (Emer.); 12-1-90; 12-17-01
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 4763.03
Rule amplifies: RC 4763.03
RC 119.032 review dates: 6-3-2001, 6-30-2006
(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, 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.
(B) Any person may receive notice of all meetings of the real estate appraiser board. The superintendent shall cause a mailing list to be maintained of all persons who have requested notification. Any person wishing to receive notification shall notify the superintendent that they wish to be included on the mailing list for such notices. Requests shall:
(1) Be given in writing to the address given in paragraph (A)(1) of this rule or by electronic mail sent to REPLD@com.state.oh.us or such other address as may from time to time be published on the division’s web site.
(2) State that the requestor wishes to be notified of all public meetings of the board or those at which specific topics stated by the requestor are to be discussed.
(3) Indicate if the requestor wishes to be notified by electronic mail, fax. or printed notice.
(4) Provide the requestor’s electronic mail address, mailing address or fax number.
(5) State if the requestor is a media representative who wishes to be notified of special meetings pursuant to division (F) of section 121.22 of the Revised Code. If a media representative requests notice of special meetings the media representative shall also provide no more than two telephone numbers at which they may be reached.
(C) The superintendent shall cause a notice to be distributed to all persons on the mailing list at least five calendar days before each regularly scheduled meeting of the Board. The superintendent shall cause all reasonable effort to be made to provide notice of all special meetings in compliance with Section 121.22(F) of the Ohio Revised Code.
(D) No fee shall be assessed to persons requesting to be notified by electronic mail. The superintendent may from time to time assess a reasonable fee on all persons requesting printed notices or fax transmission of notices of meetings. Such fee shall not exceed the cost of producing and mailing or transmitting the notices. The superintendent may request that such fees be paid in advance.
Replaces: Replaces 1301:11-1-02
Effective: 01/01/2007
R.C. 119.032 review dates: 06/30/2011
Promulgated Under: 119.03
Statutory Authority: 121.22 and 4763.03
Rule Amplifies: 121.22 and 4763.03
Prior Effective Dates: 7-13-1990 (Emer.), 10/17/1990 (Emer.), 12-1-1990, 12-17-2001, 6/21/2002
The fees assessed by the real estate appraiser board shall be as follows:
(A) A seventy-five dollar examination fee for certification as a general real estate appraiser or for certification or licensure as a residential real estate appraiser payable directly to the testing vendor.
(B) A one hundred twenty-five dollar fee for initial certification as a general real estate appraiser or for certification or licensure as a residential real estate appraiser, which nonrefundable fee must be submitted with the application for certification or licensure. For purpose of this rule, initial certification as a residential real estate appraiser shall mean any applicant for certification as a residential real estate appraiser except applicants who qualify for license conversion pursuant to rule 1301:11-3-07 of the Administrative Code.
(C) A one hundred twenty-five dollar fee for the annual renewal of a general real estate appraiser certificate or a residential real estate appraiser certification or license, which nonrefundable fee must be submitted with the application for certification or licensure.
(D) A sixty-two dollar and fifty cent late filing fee for state certified or state licensed real estate appraisers who file their renewal within three months after the expiration of their certificate or license.
(E) In accordance with division (A)(1)(f) of section 4763.03 of the Revised Code, a fee of one hundred dollars shall be assessed against each person issued an initial state-certified real estate appraiser certificate and initial state-licensed real estate appraiser license. The assessment must be paid to the division prior to the actual issuance of the initial certificate or license.
(F) In accordance with division (A)(1)(f) of section 4763.03 of the Revised Code, a fee of fifty dollars shall be assessed against each person issued a temporary registration. The assessment must be paid to the division prior to the actual issuance of the temporary certificate or license.
(G) In accordance with division (A)(1)(f) of section 4763.03 of the Revised Code, at the first meeting of the board following the first day of October of each year the board shall determine the amount due from each applicant and each currently certified and licensed real estate appraiser. If the board determines that a change in fees is necessary the board shall adopt rules necessary to reflect the fee change.
(H) In accordance with section 1109 of the “Financial Institutions Reform, Recovery and Enforcement Act” of 1989, 103 Stat. 513, 12 U.S.C. 3338, in effect on August 9, 1989, a federal registry fee in an amount not to exceed one hundred dollars shall be assessed against each person issued an initial state-certified general real estate appraiser certificate an initial state-certified residential real estate appraiser certificate issued pursuant to division (H) of section 4763.05 of the Revised Code or state-licensed residential real estate appraiser license and against each current state-certified and state-licensed real estate appraiser at the time of renewal of their certificate or license. The assessment must be paid to the division prior to the actual issuance of the initial and renewal certificate or license. Any increase in the federal registry fee authorized by the appraisal subcommittee pursuant to section 1109 of the “Financial Institutions Reform, Recovery and Enforcement Act” of 1989, 102 Stat. 513, 12 U.S.C. 3338, shall be assessed, upon notice against all initial and current state-certified and state-licensed real estate appraisers.
(I) A fifty dollar fee for the issuance of a temporary practice registration;
(J) A twenty dollar fee for certificate/licensure certification of an individual.
(K) A twenty dollar fee for replacement of a certificate or license where:
(1) A certificate holder or licensee changes their name;
(2) A certificate holder or license changes their business address;
(3) The original certificate or license issued has been lost or spoliated.
(L) A non-refundable processing fee of fifty dollars for conversion of a real estate residential appraiser license to a real estate residential appraiser certificate, pursuant to rule 1301:11-3-07 of the Administrative Code.
(M) The fees assessed by the real estate appraiser board for state-registered appraiser assistants shall be as follows:
(1) A fifty dollar fee for initial registration as a state-registered real estate appraiser assistant, which nonrefundable fee must be submitted with the application for registration;
(2) A fifty dollar fee for annual renewal of a state-registered real estate appraiser assistant, which nonrefundable fee must be submitted with the application for renewal of registration;
(3) A twenty-five dollar late filing fee for state-registered real estate appraiser assistants who file their renewal within three months after the expiration of their registration;
(4) In accordance with division(A)(1)(f) of section 4763.03 of the Revised Code, a fee of one hundred dollars shall be assessed against each person issued an initial registration as a state-registered real estate appraiser assistant.
(N) The superintendent of real estate may require that fees be paid by credit card, debit card, cashier’s check, certified check or money order.
Effective: 01/01/2007
R.C. 119.032 review dates: 06/30/2010
Promulgated Under: 119.03
Statutory Authority: 4763.03
Rule Amplifies: 4763.03 and 4763.09
Prior Effective Dates: 12/1/1990, 3/18/1993 (Emer.), 5/7/1993, 9/10/1996, 12/15/1999, 3/1/2005
Rescinded eff 1-1-07
(A) The real estate appraiser board, in its discretion, may enter into reciprocity agreements providing for the waiver of examination with the appraiser regulatory authority of other states where those states have substantially similar regulatory, licensing or certification requirements, and where similar recognition is extended to registration, license or certificate holders in this state.
(B) The superintendent may waive the requirement of examination in the case of an application from a nonresident licensed or certified real estate appraiser from a state which has executed a reciprocity agreement duly authorized by the real estate appraiser board.
(C) The real estate appraiser board may cancel, without notice, any reciprocity agreement with any state with licensing or certification requirements which the real estate appraiser board determines are not substantially similar to those of Ohio.
Effective: 01/01/2007
R.C. 119.032 review dates: 06/30/2010
Promulgated Under: 119.03
Statutory Authority: 4763.03
Rule Amplifies: 4763.05
Prior Effective Dates: 12/1/1990, 2/6/1996, 12/17/2001
Rescinded eff 1-1-07
For purposes of section 119.09 of the Revised Code, the record of an adjudication hearing before the Ohio division of real estate or real estate appraiser board shall be provided by use of audio electronic recording devices, unless a stenographic record is requested by one of the parties to the hearing. A request for a stenographic record must be made in writing upon the Ohio division of real estate at least fifteen days prior to the scheduled hearing date.
R.C. 119.032 review dates: 06/29/2001, 06/29/2006
Effective: November 15, 1991
Promulgated under: RC Chapter 119.
Authorized by: RC 119.03, 4763.03
Rule amplifies: RC 4763.05
(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:
(1) A description of the conduct which the superintendent alleges the appraiser committed,
(2) An admission by the appraiser that the appraiser engaged in such conduct,
(3) An acknowledgement by the appraiser that such conduct admitted to constitutes a violation of section 4763.11 of the Revised Code,
(4) A waiver by the appraiser to an administrative hearing pursuant to Chapter 119 of the Revised Code,
(5) An acknowledgement by the appraiser that the appraiser had the opportunity to review the settlement agreement with the appraiser’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 4763.11 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 certificate, license or registration of the appraiser for a specified period of time,
(b) A revocation of the certificate, license or registration of the appraiser,
(c) A requirement the appraiser complete additional educational course work. Any education course work imposed shall not count toward the continuing education requirement set forth in section 4763.07 of the Revised Code,
(d) A requirement the appraiser pay a fine, not exceeding two thousand five hundred dollars per violation,
(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 appraiser of all appeals pursuant to section 119.12 of the Revised Code and any right of reconsideration, and
(9) Any other provision which the superintendent deems to be appropriate.
(C) If a settlement agreement is entered, the formal hearing shall be cancelled and the terms of the settlement agreement shall be presented to the Ohio real estate appraiser board at their next regularly scheduled meeting. All settlement agreements are contingent on the approval of the Ohio real estate appraiser board.
(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.
(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 the appraiser will not apply for an Ohio appraisal certificate, license or registration in the future.
Effective: 03/01/2005
R.C. 119.032 review dates: 06/26/2006
CERTIFIED ELECTRONICALLY
Certification Date 01/24/2005
Promulgated Under: 119.03
Statutory Authority: 4763.03
Rule Amplifies: 4763.11