Chapter 1301:16-1 Meetings and Notifications
(A) The real estate appraiser board, in giving public notice as to the adoption, amendment, or rescission of any rule required to be adopted under Chapter 119. of the Revised Code, shall publish a notice, at least once, in the register of Ohio and in such other publications as the board may determine from time to time. The notice shall appear at least thirty days prior to the date set for the hearing of the proposed action on any such rule.
(B) The notice shall meet the requirements of division (A) of section 119.03 of the Revised Code. 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) The real estate appraiser board may give additional notice of such public hearing as it deems necessary; however, the giving of such additional notice shall not be mandatory and the failure to give notice by any means other than as specified in paragraph (A) of this rule shall not in any way invalidate any action which may be taken by the real estate appraiser board.
(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 ofReal 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) Emailing email@example.com or such other address as may from time to time be published on the division's website; or
(4) 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 may:
(1) Be given in writing to the mailing address given in paragraph (A)(1) of this rule or to the electronic address provided in paragraph (A)(3) of this rule or to such other address as may from time to time be published on the division's website.
(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 the person 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 division (F) of section 121.22 of the Revised Code.
(D) Fees shall be assessed in conformity with the Ohio department of commerce public records request policy and division (B) of section 149.43 of the Revised Code.
(A) Within ten days after the date of filing an application for licensure, each owner and controlling person of the applicant shall submit fingerprints to the Ohio bureau of criminal identification and investigation [BCI&I] using a method authorized by BCI&I for a criminal record check pursuant to division (C) of section 4768.06 of the Revised Code. When the owner and the controlling person are the same individual, only one set of fingerprints shall be submitted. BCI&I submits the results to the division of real estate and professional licensing within thirty days of BCI&I's receipt of the fingerprints. Each owner and controlling person shall pay any required fee for the criminal records check and direct that the results be transmitted to the division of real estate and professional licensing.
(B) Failure to timely comply with the superintendent's request may constitute just cause for the superintendent to close the application and impose a forfeiture of any application fee.
The applicable nonrefundable fees shall be assessed by the real estate appraiser board as follows:
(A) A one thousand-dollar fee for licensure as an appraisal management company.
(B) A seven hundred fifty-dollar fee for the annual renewal of an appraisal management company license must be submitted with the renewal application for licensure.
(C) A two hundred fifty-dollar late filing fee for an applicant of an annual renewal of appraisal management company license who filed their renewal within three months after the expiration of their license. The late filing fee must be submitted with the renewal application for licensure.
(D) In accordance with section 1109(a) of the "Financial Institutions Reform, Recovery and Enforcement Act" as amended, 12 U.S.C. 3338(a), an initial federal registry fee shall be assessed to each appraisal management company licensed as an Ohio appraisal management company on January 1, 2020, and thereafter, a federal registry fee shall be assessed when an appraisal management company license is initially issued or at the time of renewal. The assessment shall be paid to the division at the time of initial application or renewal of the license. Any change in the federal registry fee authorized by the appraisal subcommittee pursuant to section 1109(a) of the "Financial Institutions Reform, Recovery and Enforcement Act" as amended, 12 U.S.C. 3338(a), shall be assessed, upon notice, for all initial and current Ohio appraisal management company licenses.
(E) A twenty-five dollar fee must be submitted to the division for any of the following: a letter of good standing; a replacement license resulting from a change in the licensee's company name, business address or controlling person; or replacement license must be issued due to the original license has been lost or spoliated.
(F) The superintendent of real estate may require that fees be paid by credit card, debit card, personal check, cashier's check, certified check or money order.
For purposes of sections 119.09, 4768.08, 4768.13 and 4768.14 of the Revised Code, the stenographic record of an adjudication hearing before the Ohio division of real estate and professional licensing or Ohio real estate appraiser board shall be provided by the division's use of audio or video teleconferencing electronic recording devices. Such recording shall serve as the official record of the proceeding and may serve as the basis for a transcript for furnishing to a court upon appellate review. A stenographic service other than the division's audio or video recording devices may be requested by one of the parties to the hearing. Advance written notice shall be provided to the division by the requesting party prior to the scheduled hearing date. All scheduling with the stenographic service shall be the responsibility of the party requesting the stenographic service. The testimony at the adjudication hearing shall be transcribed at the cost of the party requesting the stenographic service. Upon request, the stenographic service may provide a transcript of the adjudication hearing and the cost of the transcript shall be the responsibility of the party requesting the transcript. The division may use the transcript from the stenographic service as the official record of the proceeding.
(A) An applicant for an initial or a renewal of an Ohio appraisal management company license may obtain an Ohio appraisal management company license provided the following, including but not limited to, are satisfied:
(1) The applicant completes an application form prescribed by the superintendent to be a licensed appraisal management company in Ohio;
(2) Payment of appropriate fees required by rule 1301:16-1-04 of the Administrative Code; and
(3) On behalf of the appraisal management company, the applicant consents to service of process by means of delivering that process to the company's last known address with the division of real estate and professional licensing by registered mail, return receipt requested. A copy of the service of process shall be delivered to the company's controlling person by registered mail, return receipt requested.
(B) When any notice sent by registered mail is returned because the person fails to claim the notice, the division shall send the notice by ordinary mail to the person at the company's last known address and shall obtain a certificate of mailing. Service by ordinary mail is complete when the certificate of mailing is obtained unless the notice is returned showing failure of delivery.
If any notice sent by registered or ordinary mail is returned for failure of delivery, the division shall either make personal delivery of the notice by an employee or agent of the division or shall cause a summary of the substantive provisions of the notice to be published once a week for three consecutive weeks in a newspaper of general circulation in the county where the last known address of the company is located. When notice is given by publication, a proof of publication affidavit, with the first publication of the notice set forth in the affidavit, shall be mailed by ordinary mail to the person at the person's last known address and the notice shall be deemed received as of the date of the last publication. An employee or agent of the agency may make personal delivery of the notice upon a person at any time.
Refusal of delivery by personal service or by mail is not failure of delivery and service is deemed to be complete. Failure of delivery occurs only when a mailed notice is returned by the postal authorities marked undeliverable, address or addressee unknown, or forwarding address unknown or expired. A company's last known address is the mailing address of the person appearing in the records of the division.
(C) The signature on any application may be written by hand or be an electronic signature, as defined by division (H) of section 1306.01 of the Revised Code.
(D) Upon notice from the division that an application for initial licensure is incomplete or incorrect as filed, the applicant shall within thirty days of the date of the last such notice submit to the division a corrected application or the additional information requested. Failure to timely submit such corrected application or additional information shall constitute just cause for the superintendent to impose a forfeiture of the application fee pursuant to section 4768.06 of the Revised Code.
(E) If the application fee check or draft instrument remitted by an applicant for licensure is returned to the division unpaid for any reason, that application shall be automatically rejected or approval withdrawn.
Failure by a licensee to obey a subpoena issued pursuant to section 4768.05 of the Revised Code pertaining to an inquiry or investigation conducted by the board or superintendent shall constitute prima facie evidence of a violation of division (K)(10) of section 4768.13 of the Revised Code.
(A) Any appraisal management company licensee 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 purposes of determining whether a violation of section 4768.13 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 licensee committed;
(2) An admission by the licensee that the licensee engaged in such conduct;
(3) An acknowledgement by the licensee that such conduct admitted to constitutes a violation of section 4768.13 of the Revised Code;
(4) A waiver by the licensee to an administrative hearing pursuant to Chapter 119. of the Revised Code;
(5) An acknowledgement by the licensee that the licensee had the opportunity to review the settlement agreement with the licensee'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 4768.13 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 license for a specified period of time;
(b) A revocation or surrender of the license;
(c) A requirement the licensee pay a fine, not exceeding twenty-five thousand dollars per violation;
(d) Reprimand of the licensee.
(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 licensee of all appeals pursuant to section 119.12 of the Revised Code and any right of reconsideration;
(9) An acknowledgment by the parties that a licensee's failure to pay any fine ordered by the Ohio real estate appraiser board in a timely manner shall result in the automatic suspension of the Ohio appraisal management company license; and
(10) Any other provision which the superintendent deems to be appropriate.
(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 a licensee if the superintendent knows it is not the licensee'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 licensee. 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 licensee, then the matter shall be returned to the division of real estate and professional licensing 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.
The board may hear the testimony of the parties to the settlement agreement and the complainant upon request. The testimony shall relate only to mitigation of the settlement agreement or the board's acceptance, reduction of sanction, or rejection of the settlement agreement. The board shall not hear the testimony of any additional witnesses and shall not admit any exhibits.
(F) During the course of an investigation, pursuant to section 4768.13 of the Revised Code, the licensee may voluntarily surrender the license, provided the licensee affirms under oath: that the licensee will cease and desist all activity for which an appraisal management company license is required, and that the licensee will not apply for an Ohio appraisal management company license in the future.
(A) An informal mediation meeting, in accordance with section 4768.13 of the Revised Code, may be held for the purpose of facilitating an accommodation between the complainant and licensee. Any party who participates in the informal mediation meeting may be accompanied by legal counsel, whose role shall be limited to representing his/her client. "Mediation" is defined by division (A) in section 2710.01 of the Revised Code.
(B) Except as provided in Chapter 2710. of the Revised Code, nothing said or done during the informal mediation meeting shall be disclosed by the mediator or division staff or be used as evidence in any subsequent hearing, investigation or other proceeding.
(C) If an accommodation is reached at the informal mediation meeting, the mediator shall prepare an accommodation agreement. The accommodation agreement shall be signed by the persons to be bound by the agreement and the division's mediator on behalf of the superintendent.
(D) In accordance with division (D) of section 4735.05 of the Revised Code, the accommodation agreement shall be held in confidence by the superintendent, the mediators and other personnel of the department.
(E) If the superintendent finds the licensee has failed, without good cause shown, to comply with the terms set forth in the accommodation agreement the following shall apply:
(1) The accommodation agreement will be considered null and void;
(2) The superintendent may proceed with the formal investigation based on the original complaint; and
(3) The licensee's failure to comply with the accommodation agreement shall constitute prima facie evidence of misconduct and shall constitute a violation of division (K)(10) of section 4768.13 of the Revised Code.
(F) If an accommodation is reached at the informal mediation meeting and the terms of the accommodation agreement satisfied, the complaint file shall be closed. If an accommodation is not reached at the informal mediation meeting, an investigator shall proceed with an investigation as provided in section 4768.13 of the Revised Code.
An Ohio appraisal management company licensee shall compensate appraisers in compliance with the federal "Truth in Lending Act," ( 15 U.S.C. Section 1601 et seq.) and regulations promulgated thereunder.