Chapter 1301:11-1 Real Estate Appraisers Board

1301:11-1-01 Public notice of intention to consider adopting, amending or rescinding rules.

(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. The notice shall meet the requirements of division (A) of section 119.03 of Revised Code.

(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) 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.

R.C. 119.032 review dates: 05/20/2011 and 05/20/2016
Promulgated Under: 119.03
Statutory Authority: 4763.03
Rule Amplifies: 4763.03
Prior Effective Dates: 7/13/90 (Emer), 10/17/1990 (Emer), 12/1/1990, 12/17/2001, 1/1/2009

1301:11-1-02 Open public meeting.

(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 may:

(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 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.

R.C. 119.032 review dates: 05/20/2011 and 05/20/2016
Promulgated Under: 119.03
Statutory Authority: 4763.03
Rule Amplifies: 4763.03
Prior Effective Dates: 7/13/1990 (Emer.), 10/17/1990 (Emer.), 12/1/1990, 12/17/2001, 6/21/2002, 1/1/2007, 1/1/2009

1301:11-1-03 Fees.

The fees assessed by the real estate appraiser board shall be as follows:

(A) A seventy-four 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 seventy-five dollar fee for initial certification as a general real estate appraiser or for initial certification or licensure as a residential real estate appraiser, which nonrefundable fee must be submitted with the application for certification or licensure.

(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 fifty 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) The fees assessed by the real estate appraiser board for state-registered appraiser assistants shall be as follows:

(1) A one hundred 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 fifty dollars shall be assessed against each person issued an initial registration as a state-registered real estate appraiser assistant.

(M) 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: 11/29/2010
R.C. 119.032 review dates: 09/14/2010 and 06/30/2015
Promulgated Under: 119.03
Statutory Authority: 4763.03
Rule Amplifies: 4763.03 , 4763.05 , 4763.09
Prior Effective Dates: 12/1/1990, 3/18/1993 (Emer.), 5/7/1993, 9/10/1996, 12/15/1999, 3/1/2005, 1/1/2007, 1/1/2009, 10/26/2009

1301:11-1-04 Method of payment of monies or fees. [Rescinded].

Rescinded eff 1-1-07

1301:11-1-05 Reciprocity agreements.

(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.

R.C. 119.032 review dates: 09/14/2010 and 06/30/2015
Promulgated Under: 119.03
Statutory Authority: 4763.03
Rule Amplifies: 4763.05
Prior Effective Dates: 12/1/1990, 2/6/1996, 12/17/2001, 1/1/2007

1301:11-1-07 Continuances. [Rescinded].

Rescinded eff 1-1-07

1301:11-1-08 Licensed or certified appraisers from other states.

(A) A person, who has obtained a residential real estate appraiser license from another state may obtain an Ohio residential real estate appraiser license provided all of the following are satisfied:

(1) The state that issued the person a residential real estate appraiser license has requirements that meet or exceed the requirements for a residential real estate appraiser license in Ohio;

(2) The person completes an application form prescribed by the superintendent to be a licensed residential real estate appraiser in Ohio;

(3) Payment of appropriate fees required by rule 1301:11-1-03 of the Administrative Code;

(4) The person consents to service of process by means of delivering that process to the person's last known address by registered mail, return receipt requested.

When any notice sent by registered mail is returned because the person fails to claim the notice, the agency shall send the notice by ordinary mail to the person at the person'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 agency either shall make personal delivery of the notice by an employee or agent of the agency 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 person 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 person's last known address is the mailing address of the person appearing in the records of the agency.

(5) The person provides to the division of real estate a statement of good standing from all states from which the person holds a real estate appraiser license or certificate; and

(6) The superintendent may waive the requirement of an examination only if the person provides to the division of real estate a copy of his or her current appraiser license.

(B) A person, who has obtained a residential real estate appraiser certificate from another state may obtain an Ohio residential real estate appraiser certificate provided all of the following are satisfied:

(1) The state that issued the person a residential real estate appraiser certificate has requirements that meet or exceed the requirements for a residential real estate appraiser certificate in Ohio;

(2) The person completes an application form prescribed by the superintendent to be a certified residential real estate appraiser in Ohio;

(3) Payment of appropriate fees required by rule 1301:11-1-03 of the Administrative Code;

(4) The person consents to service of process by means of delivering that process to the person's last known address by registered mail, return receipt requested.

When any notice sent by registered mail is returned because the person fails to claim the notice, the agency shall send the notice by ordinary mail to the person at the person'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 agency either shall make personal delivery of the notice by an employee or agent of the agency 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 person 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 person's last known address is the mailing address of the person appearing in the records of the agency.

(5) The person provides to the division of real estate a statement of good standing from all states from which the person holds a real estate appraiser license or certificate; and

(6) The superintendent may waive the requirement of an examination only if the person provides to the division of real estate a copy of his or her current residential appraiser certificate.

(C) A person, who has obtained a general real estate appraiser certificate from another state may obtain an Ohio general real estate appraiser certificate provided all of the following are satisfied:

(1) The state that issued the person a general real estate appraiser certificate has requirements that meet or exceed the requirements for a general real estate appraiser certificate in Ohio;

(2) The person completes an application form prescribed by the superintendent to be a certified general real estate appraiser in Ohio;

(3) Payment of appropriate fees required by rule 1301:11-1-03 of the Administrative Code;

(4) The person consents to service of process; by means of delivering that process to the person's last known address by registered mail, return receipt requested.

When any notice sent by registered mail is returned because the person fails to claim the notice, the agency shall send the notice by ordinary mail to the person at the person'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 agency either shall make personal delivery of the notice by an employee or agent of the agency 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 person 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 person's last known address is the mailing address of the person appearing in the records of the agency.

(5) The person provides to the division of real estate a statement of good standing from all states from which the person holds a real estate appraiser license or certificate; and

(6) The superintendent may waive the requirement of an examination only if the person provides to the division of real estate a copy of his or her current general appraiser certificate.

Effective: 06/30/2013
R.C. 119.032 review dates: 05/20/2016
Promulgated Under: 119.03
Statutory Authority: 4763.03 , 4763.05
Rule Amplifies: 4763.05 , 4763.09
Prior Effective Dates: 01/01/2009 , 11/16/2011

1301:11-1-09 Stenographic record.

For purposes of sections 119.09 , 4763.10 and 4763.11 of the Revised Code, the stenographic record of an adjudication hearing before the Ohio division of real estate or 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.

Effective: 01/01/2012
R.C. 119.032 review dates: 05/20/2011 and 05/20/2016
Promulgated Under: 119.03
Statutory Authority: 119.03 & 4763.03
Rule Amplifies: 119.09 , 4763.05 , 4763.10 & 4763.11
Prior Effective Dates: 11/15/1991, 1/1/2009

1301:11-1-10 Settlement agreements.

(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 or surrender 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, or the education requirement for licensure or certification set forth in section 4763.05 of the Revised Code,

(d) A requirement the appraiser pay a fine, not exceeding two thousand five hundred dollars per violation,

(e) Reprimand of the certificate holder, registrant or 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 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 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 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. 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 appraiser, then the original matter that gave rise to the investigation 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.

(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 that the appraiser will not apply for an Ohio appraisal certificate, license or registration in the future.

R.C. 119.032 review dates: 05/20/2011 and 05/20/2016
Promulgated Under: 119.03
Statutory Authority: 4763.03
Rule Amplifies: 4763.11
Prior Effective Dates: 3/1/2005, 1/1/2009