1301:8-7-21 Character, general fitness, and financial responsibility.

In determining "character and general fitness" as those terms are used in division (A)(10) of section 1322.04 of the Revised Code and division (A)(6) of section 1322.04 1 of the Revised Code, the superintendent of the division of financial institutions shall consider, inter alia, whether the applicant, registrant or licensee:

(A) Has been found guilty in any court of competent jurisdiction of any felony;

(B) Has been found guilty in any court of competent jurisdiction of any misdemeanor involving any theft offense, deception, moral turpitude, or any offense listed in division (A)(8) of section 1322.03 and division (A)(2) of section 1322.031 ;

(C) Has been found liable in any court of competent jurisdiction for conduct constituting incompetence, misconduct or fraud in the origination of a residential mortgage loan, or in providing any financial, mortgage lending or real estate services;

(D) Has been refused or denied registration or licensing by any state or federal agency granted disciplinary or regulatory authority by state or federal law;

(E) Has been the subject of any suspension, expulsion, revocation, fine, censure or any other disciplinary action by any state or federal agency granted disciplinary or regulatory authority by state or federal law;

(F) Has knowingly violated any provision of Chapter 1322. of the Revised Code or any rule of Chapter 1301:8-7 of the Administrative Code, or has aided or abetted any person in violating any such provision;

(G) Has engaged in any conduct which would reflect on the reputation for honesty, integrity or competence in business and personal dealings of the applicant, registrant or licensee, including but not limited to the failure to provide complete and accurate information concerning the applicant's, registrant's or licensee's past;

(H) Has failed to fully satisfy any judgment or award issued by any court of competent jurisdiction, or any administrative fine imposed by any state or federal regulatory body;

(I) Has a record or pattern of disregard of the laws of this state, another state, or the United States;

(J) Has knowingly aided or abetted an unlicensed or unregistered person in violating any provision of Chapter 1322. of the Revised Code and the rules promulgated thereunder.

Effective: 06/11/2007
R.C. 119.032 review dates: 11/15/2009
Promulgated Under: 119.03
Statutory Authority: 1322.12
Rule Amplifies: 1322.03 , 1322.031 , 1322.04 , 1322.041
Prior Effective Dates: 9-1-06