1301:13-3-01 Complaint procedure.

(A) The form of the complaint and accompanying instructions shall be as prescribed by the superintendent of the division of real estate and professional licensing, in consultation with the commission.

(B) Complaints may be filed with the division of real estate and professional licensing at “77 South High Street 20th Floor, Columbus, Ohio 43215-6133.”

(C) Written notice acknowledging the receipt of a complaint shall be sent by regular mail to the complainant not more than twenty days after receipt of the complaint. Written notice of the complaint, including a copy of it, shall be sent by regular mail within seven days of receipt to the respondent.

(D) The respondent shall have thirty days after the mailing of the notice to respond to the division with respect to the complaint. Upon receipt of a response from the respondent, or if no response is received, the division may proceed to investigate the complaint and, if appropriate, attempt to resolve the matter using informal techniques of mediation, conciliation and persuasion. Notice of any offers to resolve a dispute that is the subject of a complaint and any responses to such offers, when communicated to the commission or division, shall be given to the other parties in person, by telephone or by mail.

(E) The commission shall hear each complaint filed within one hundred eighty days after its filing with the division, unless it has been resolved by the parties to the complaint.

(F) The division shall submit, to the commission at each of its regularly scheduled meetings, a report identifying the status of complaints filed, any responses, and the results of any investigations or attempts to resolve a complaint. The commission, upon reviewing a complaint, may:

(1) Order further investigation or initiate additional attempts to resolve the complaint by using informal techniques of mediation, conciliation and persuasion;

(2) Order a hearing on the complaint at a time and place to be fixed by the chairman or vice-chairman; or

(3) Dismiss the complaint in accordance with division (C) of section 4767.08 of the Revised Code.

(G) Investigations authorized by section 4767.08 of the Revised Code and attempts to resolve complaints as set forth in paragraph (F)(1) of this rule may be conducted by the division or individual commission members, at the direction of the commission, in consultation with the superintendent.

(H) If, as a result of an investigation, the commission determines that there is not substantial evidence of a violation of section 1721.19, 1721.20, 1721.21, 1721.2211721.211, 4735.22, or 4767.02 of the Revised Code, and that further attempts to resolve the complaint by using informal techniques of mediation, conciliation and persuasion would not be beneficial, the commission shall close the investigation and take no further action with regard to the complaint. If the commission closes an investigation, it shall notify by regular mail the parties to the complaint within twenty days of reaching its decision.

Effective: 09/25/2008

R.C. 119.032 review dates: 07/11/2008 and 06/30/2012

Promulgated Under: 119.03

Statutory Authority: 4767.06

Rule Amplifies: 4767.06, 4767.07

Prior Effective Dates: 1/20/1994, 12/17/2001