Ohio Revised Code Search
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Section 4768.01 | Definitions.
... As used in this chapter: (A) "Real estate appraisal" or "appraisal" means the act or process of developing an opinion of value of real property in conformity with the uniform standards of professional appraisal practice. (B) "Appraisal management company" means any person authorized either by a creditor of a consumer credit transaction secured by a consumer's principal dwelling, or by an underwriter o f or oth... |
Section 4768.02 | Prohibited acts.
... (A)(1) No person shall do any of the following without first obtaining a license under this chapter: (a) Directly or indirectly engage or attempt to engage in business as an appraisal management company; (b) Directly or indirectly engage in or attempt to perform appraisal management services; (c) Advertise or hold itself out as engaging in or conducting business as an appraisal management company. (2) A per... |
Section 4768.03 | Duties of real estate appraiser board.
... The real estate appraiser board shall do all of the following: (A) Adopt rules, in accordance with Chapter 119. of the Revised Code in furtherance of this chapter, including, but not limited to, all of the following: (1) Procedures for criminal records checks that are required under section 4768.06 of the Revised Code, in accordance with division (L) of section 121.08 and division (C) of section 4768.06 of the... |
Section 4768.04 | Duties of superintendent.
... (A) The superintendent of real estate and professional licensing shall do all of the following: (1) Prescribe the form and content of all applications required by this chapter; (2) Receive applications for licenses and renewal thereof under this chapter and establish the procedures for processing, approving, and disapproving those applications; (3) Retain records and all application materials submitted to the... |
Section 4768.05 | Authority to subpoena witnesses and to compel production of documents.
... The real estate appraiser board or the superintendent of real estate and professional licensing may compel, by order or subpoena, the attendance of witnesses to testify in relation to any matter over which the board or the superintendent has jurisdiction and that is the subject of the inquiry and investigation by the board or superintendent and may require the production of any book, paper, or document pertaining t... |
Section 4768.06 | Applicants for appraisal management company license.
... (A) To obtain an appraisal management company license, each applicant shall submit all of the following to the superintendent of real estate and professional licensing: (1) A completed application on a form the superintendent provides; (2) The name of a controlling person who will be the main contact between the appraisal management company and the division of real estate and professional licensing and the rea... |
Section 4768.07 | Renewal license.
... (A) An appraisal management company licensed under this chapter may obtain a renewal license by filing an annual renewal application with the superintendent of real estate and professional licensing and paying the renewal fee established under division (A)(2) of section 4768.03 of the Revised Code. The renewal application shall include a statement, signed by the licensee's controlling person, that states all of the... |
Section 4768.08 | Grounds for denial of license.
... The superintendent of real estate and professional licensing may refuse to issue a license to an applicant under this chapter based upon any act or omission for which a person, including a licensee, may be disciplined under division (K) of section 4768.13 of the Revised Code or may refuse to renew a license if the licensee has failed to comply with this chapter. If the superintendent refuses to issue or renew a lic... |
Section 4768.09 | Removal of appraiser from appraiser panel.
...(A) An appraisal management company shall not remove the appraiser from its appraiser panel or otherwise refuse to assign requests for real estate appraisal services to the appraiser without first doing both of the following: (1) Notifying the appraiser in writing of the reasons the appraiser is being removed from the appraiser panel or is refused assignment requests for appraisal services; (2) Providing the appr... |
Section 4768.10 | Recordkeeping.
... (A) Each appraisal management company licensed under this chapter shall maintain all of the following items for a period of at least five years from the date the appraisal report is submitted to the client: (1) The original or true copy of every request relating to the report that the appraisal management company receives from the client; (2) The original or true copy of each request sent to an appraiser who is... |
Section 4768.11 | Improper influence; prohibited acts.
... (A) No employee, director, officer, or agent of an appraisal management company licensed under this chapter shall recklessly influence or attempt to influence the development, reporting, or review of an appraisal through coercion, extortion, collusion, compensation, instruction, inducement, intimidation, bribery, or in any other manner, including the following: (1) Withholding or threatening to withhold timely pa... |
Section 4768.12 | Compensation of appraisers.
... (A) An appraisal management company licensed under this chapter shall compensate an appraiser for the completion of an appraisal within sixty days of the date on which the appraiser transmits or otherwise provides the completed appraisal to the appraisal management company or its assignees, except in cases of breach of contract or substandard performance of services. (B)(1) An appraisal management company license... |
Section 4768.13 | Disciplinary actions.
... (A) Within ten business days after a person files with the division of real estate and professional licensing a written complaint against a person licensed under this chapter or any other person, the superintendent of real estate and professional licensing shall acknowledge receipt of the complaint by sending notice to the person against whom the complaint is filed that includes a copy of the complaint. That notice... |
Section 4768.14 | Investigations.
... (A) Upon receipt of a written complaint or upon the superintendent of real estate and professional licensing's own motion, the superintendent may investigate any person that allegedly violated division (A)(1) of section 4768.02 of the Revised Code. (B) If, after investigation, the superintendent determines there exists reasonable evidence of a violation of division (A)(1) of section 4768.02 of the Revised Code, w... |
Section 4768.15 | Deposits to real estate appraiser operating fund.
... The superintendent of real estate and professional licensing shall deposit all moneys collected under this chapter into the state treasury to the credit of the real estate operating fund created under section 4735.211 of the Revised Code. |
Section 4768.99 | Violations; penalties.
... (A) Whoever violates division (A)(1), (2), (3), (4), (5), (6), (7), (8), or (9) or division (C) of section 4768.11 of the Revised Code is guilty of a felony of the fifth degree. (B) Whoever violates division (A)(10), (11), (12), or (13) of section 4768.11 of the Revised Code is guilty of a misdemeanor of the first degree. |
Section 4769.01 | Balance billing of medicare beneficiary definitions.
... As used in this chapter: (A) "Medicare" means the program established by Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. (B) "Balance billing" means charging or collecting from a medicare beneficiary an amount in excess of the medicare reimbursement rate for medicare-covered services or supplies provided to a medicare beneficiary, except when medicare is the secondary... |
Section 4769.02 | Balance billing for supplies and services.
...No health care practitioner, and no person that employs any health care practitioner, shall balance bill for any supplies or service provided to a medicare beneficiary. |
Section 4769.03 | Disciplinary actions.
...(A) The department of health shall receive complaints alleging violations of section 4769.02 of the Revised Code. (B) The department shall make findings regarding complaints of alleged violations of section 4769.02 of the Revised Code. The department shall not make findings until after doing all of the following: (1) Investigating the complaint and determining that there is a reasonable basis for it; (2) Giving no... |
Section 4769.05 | Health care records.
...(A) Health care practitioners and their employers shall make available to the department of health to inspect and copy, medical, professional, financial, and business records that are reasonably related to determining whether the practitioner or employer has violated section 4769.02 of the Revised Code. (B) No person shall fail to comply with division (A) of this section. |
Section 4769.06 | Powers of department of health.
...In investigating possible violations of section 4769.02 of the Revised Code or conducting hearings under section 4769.03 of the Revised Code, the department of health may administer oaths, order the taking of depositions, and issue subpoenas compelling attendance of witnesses or production of documents. The subpoenas shall be served in the same manner as subpoenas and subpoenas duces tecum issued for a trial of a civ... |
Section 4769.07 | Confidential information.
...The department of health shall conduct all investigations and hearings under section 4769.03 of the Revised Code in a manner that protects patient confidentiality. The department shall not make public the names or other identifying information about a patient unless the patient consents. Consent is not required for the release of the information if the department determines that it possesses reliable and substantial ... |
Section 4769.08 | Costs of investigation and adjudication.
...In the case of a violator of section 4769.02 of the Revised Code who elected a hearing under division (B) of section 4769.03 of the Revised Code, an adjudication order issued under division (C) or (D) of section 4769.03 of the Revised Code may, in addition to imposing the penalties specified in those divisions, require the violator to pay the reasonable costs, not exceeding twenty-five thousand dollars, of the invest... |
Section 4769.09 | Depositing penalties and costs.
...Unless a judicial appeal is pending, all monetary penalties imposed under division (C)(3) or (D) of section 4769.03 of the Revised Code and all costs ordered to be paid pursuant to section 4769.08 of the Revised Code shall be paid to the department of health not later than thirty days after the department issues the adjudication order imposing the penalties or ordering the payment of costs. The department shall depos... |
Section 4769.10 | Enforcing repayment order - collection.
...The department of health shall notify the attorney general if any person fails to comply with a repayment order issued under division (C)(2) of section 4769.03 of the Revised Code. On receipt of the notice, the attorney general may, on behalf of the medicare beneficiary the person was ordered to repay, commence a civil action in the court of common pleas of Franklin county, the county in which the person resides, or ... |