1301:5-1-05 Examinations.

(A) An applicant must take the real estate examination in accordance with the instructions provided by the testing vendor. The applicant shall have twelve months from the date the division notifies the testing vendor of the applicant's testing eligibility to pass both portions of the examination.

The applicant must notify the division of any change in application status, including a change of name or address, that occurs during the twelve month eligibility period or any change that would affect the fitness of the applicant to take the examination, including but not limited to, a felony conviction, or conviction for crime involving moral turpitude.

(B) The applicant for the real estate broker license shall submit a one hundred dollar application processing fee payable to the division with each application submitted. All applicants shall submit a separate examination fee payable to the testing vendor to be seated for the real estate broker examination.

(C) The applicant for the real estate sales license shall submit a sixty dollar application processing fee payable to the division with each application submitted. All applicants shall submit a separate examination fee payable to the testing vendor to be seated for the real estate sales examination.

(D) The content of the examination will be segmented into one portion on national law comprising two-thirds of the examination, and one portion on Ohio state law, comprising the remaining one-third of the examination. The broker license applicant must achieve a scaled score of at least seventy-five per cent on each portion of the examination in order to be considered as passing both portions. The salesperson license applicant must achieve a scaled score of at least seventy per cent on each portion of the examination in order to be considered as passing both portions.

If the applicant achieves a passing scaled score on one portion of the examination, but not both, then the applicant need only retake and pass the failed portion to achieve complete passage of the examination. To retake the failed portion(s), the applicant must reapply and remit a new application processing fee payable to the division. The applicant must also remit the examination fee payable to the testing vendor upon retaking the examination.

(E) Examinations fees shall be set forth in the agreement between the superintendent and the testing vendor.

(F) An applicant for licensure will have only the twelve month eligibility period to successfully pass both portions of the examination. If the applicant passes one portion and fails the other, the portion of the examination passed shall remain valid for the duration of the eligibility period. If the applicant fails to retake and/or pass any failed portion of the examination within the eligibility period, the portion previously passed shall be considered invalid and the applicant's file shall be closed. An applicant for licensure must then submit a new application together with a new application processing fee payable to the division and a new examination fee payable to the testing vendor. The applicant must also retake both portions of the examination.

(G) Each applicant shall bring to the examination one form of government issued photo identification and any other form of identification required by the testing vendor. No applicant shall be admitted to the examination unless such identification is submitted to the examiner prior to being seated for the examination.

(H) If the division receives any form of notice from the testing vendor of applicant misconduct prior to, during or subsequent to the examination, the superintendent shall deny such applicant's application for licensure and prohibit such applicant from taking the examination for a period of twelve months from the date of misconduct.

(I) Within thirty days of the examination date, any applicant who passes the broker examination shall either activate the broker license or shall place the broker license on deposit and may secure a sales license pursuant to division (E) of section 4735.13 of the Revised Code and rule 1301-5-1-07 of the Administrative Code. If a broker applicant fails to do so, the superintendent shall automatically place such license on deposit.

Effective: 01/01/2013
R.C. 119.032 review dates: 06/25/2012 and 06/30/2016
Promulgated Under: 119.03
Statutory Authority: 4735.10
Rule Amplifies: 4735.07 , 4735.09 , 4735.10
Prior Effective Dates: 10/16/1961, 12/4/1981, 4/8/1985, 8/3/1987, 12/15/1999, 9/24/2000, 11/22/2004, 1/20/2008, 02/02/2010