1301:5-6-01 Management level licensee.

(A) A licensee will be found to be a management level licensee under division (K) of section 4735.51 of the Revised Code if both of the following apply:

(1) The licensee has been assigned management duties that involve oversight responsibilities for the brokerage's main office, a branch office, or a division within that brokerage; and,

(2) Those management duties include the supervision of affiliated licensees whose agency duties to their clients may conflict with those of other licensees affiliated with the brokerage.

(B) Unless a licensee meets the requirements of paragraph (A) of this rule, the following are not considered to be management level licensees:

(1) Any licensee who has an ownership interest in the brokerage with which the licensee is affiliated, unless acting in a manner that is calculated to influence or have an effect on a real estate transaction, other than a transaction in which the licensee is a direct participant.

(2) Any licensee who is an officer of the brokerage with which the licensee is affiliated, unless acting in a manner that is calculated to influence or have an effect on a real estate transaction, other than a transaction in which the licensee is a direct participant.

(3) A licensee who voluntarily provides advice and/or assistance to other licensees affiliated with the brokerage but who does not do so as an assigned duty, unless compensated for such advice and/or assistance.

(C) Supervision shall include, but, not be limited to, the general oversight of, or the direction of, activities conducted by other real estate licensees affiliated with the brokerage.

(D) The assignment of supervisory duties to management level licensees does not relieve the brokerage and its brokers from their responsibility to actively oversee and direct the operations of the business conducted on behalf of the brokerage.

R.C. 119.032 review dates: 06/25/2012 and 06/30/2016
Promulgated Under: 119.03
Statutory Authority: 4735.10
Rule Amplifies: 4735.51(K)
Prior Effective Dates: 1/1/1997