As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 546

Representatives Slesnick, McGregor 

Cosponsors: Representatives Antonio, Brenner, Murray, Stebelton 

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A BILL

To amend sections 109.572, 4763.01, 4763.02, 4763.05,

1

4763.08, 4763.11 to 4763.15, 4763.17, and 4763.19

2

and to enact sections 4768.01 to 4768.15 and

3

4768.99 of the Revised Code to change the

4

definition of "appraisal" for purposes of the Real

5

Estate Appraiser Licensing Law, to make changes to

6

the exceptions to licensure under that law, and to

7

regulate appraisal management companies.

8

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 109.572, 4763.01, 4763.02, 4763.05,	9
4763.08, 4763.11, 4763.12, 4763.13, 4763.14, 4763.15, 4763.17, and	10
4763.19 be amended and sections 4768.01, 4768.02, 4768.03,	11
4768.04, 4768.05, 4768.06, 4768.07, 4768.08, 4768.09, 4768.10,	12
4768.11, 4768.12, 4768.13, 4768.14, 4768.15, and 4768.99 of the	13
Revised Code be enacted to read as follows:	14

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	15
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	16
a completed form prescribed pursuant to division (C)(1) of this	17
section, and a set of fingerprint impressions obtained in the	18
manner described in division (C)(2) of this section, the	19
superintendent of the bureau of criminal identification and	20
investigation shall conduct a criminal records check in the manner	21
described in division (B) of this section to determine whether any	22
information exists that indicates that the person who is the	23
subject of the request previously has been convicted of or pleaded	24
guilty to any of the following:	25

(a) A violation of section 2903.01, 2903.02, 2903.03,	26
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	27
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	28
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	29
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	30
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	31
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	32
2925.06, or 3716.11 of the Revised Code, felonious sexual	33
penetration in violation of former section 2907.12 of the Revised	34
Code, a violation of section 2905.04 of the Revised Code as it	35
existed prior to July 1, 1996, a violation of section 2919.23 of	36
the Revised Code that would have been a violation of section	37
2905.04 of the Revised Code as it existed prior to July 1, 1996,	38
had the violation been committed prior to that date, or a	39
violation of section 2925.11 of the Revised Code that is not a	40
minor drug possession offense;	41

(b) A violation of an existing or former law of this state,	42
any other state, or the United States that is substantially	43
equivalent to any of the offenses listed in division (A)(1)(a) of	44
this section.	45

(2) On receipt of a request pursuant to section 5123.081 of	46
the Revised Code with respect to an applicant for employment in	47
any position with the department of developmental disabilities,	48
pursuant to section 5126.28 of the Revised Code with respect to an	49
applicant for employment in any position with a county board of	50
developmental disabilities, or pursuant to section 5126.281 of the	51
Revised Code with respect to an applicant for employment in a	52
direct services position with an entity contracting with a county	53
board for employment, a completed form prescribed pursuant to	54
division (C)(1) of this section, and a set of fingerprint	55
impressions obtained in the manner described in division (C)(2) of	56
this section, the superintendent of the bureau of criminal	57
identification and investigation shall conduct a criminal records	58
check. The superintendent shall conduct the criminal records check	59
in the manner described in division (B) of this section to	60
determine whether any information exists that indicates that the	61
person who is the subject of the request has been convicted of or	62
pleaded guilty to any of the following:	63

(a) A violation of section 2903.01, 2903.02, 2903.03,	64
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	65
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	66
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	67
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	68
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	69
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	70
2925.03, or 3716.11 of the Revised Code;	71

(b) An existing or former municipal ordinance or law of this	72
state, any other state, or the United States that is substantially	73
equivalent to any of the offenses listed in division (A)(2)(a) of	74
this section.	75

(3) On receipt of a request pursuant to section 173.27,	76
173.394, 3712.09, 3721.121, 5119.693, or 5119.85 of the Revised	77
Code, a completed form prescribed pursuant to division (C)(1) of	78
this section, and a set of fingerprint impressions obtained in the	79
manner described in division (C)(2) of this section, the	80
superintendent of the bureau of criminal identification and	81
investigation shall conduct a criminal records check with respect	82
to any person who has applied for employment in a position for	83
which a criminal records check is required by those sections. The	84
superintendent shall conduct the criminal records check in the	85
manner described in division (B) of this section to determine	86
whether any information exists that indicates that the person who	87
is the subject of the request previously has been convicted of or	88
pleaded guilty to any of the following:	89

(a) A violation of section 2903.01, 2903.02, 2903.03,	90
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	91
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	92
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	93
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	94
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	95
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	96
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	97
2925.22, 2925.23, or 3716.11 of the Revised Code;	98

(b) An existing or former law of this state, any other state,	99
or the United States that is substantially equivalent to any of	100
the offenses listed in division (A)(3)(a) of this section.	101

(4) On receipt of a request pursuant to section 3701.881 of	102
the Revised Code with respect to an applicant for employment with	103
a home health agency as a person responsible for the care,	104
custody, or control of a child, a completed form prescribed	105
pursuant to division (C)(1) of this section, and a set of	106
fingerprint impressions obtained in the manner described in	107
division (C)(2) of this section, the superintendent of the bureau	108
of criminal identification and investigation shall conduct a	109
criminal records check. The superintendent shall conduct the	110
criminal records check in the manner described in division (B) of	111
this section to determine whether any information exists that	112
indicates that the person who is the subject of the request	113
previously has been convicted of or pleaded guilty to any of the	114
following:	115

(a) A violation of section 2903.01, 2903.02, 2903.03,	116
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	117
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	118
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	119
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	120
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	121
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	122
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	123
violation of section 2925.11 of the Revised Code that is not a	124
minor drug possession offense;	125

(b) An existing or former law of this state, any other state,	126
or the United States that is substantially equivalent to any of	127
the offenses listed in division (A)(4)(a) of this section.	128

(5) On receipt of a request pursuant to section 5111.032,	129
5111.033, or 5111.034 of the Revised Code, a completed form	130
prescribed pursuant to division (C)(1) of this section, and a set	131
of fingerprint impressions obtained in the manner described in	132
division (C)(2) of this section, the superintendent of the bureau	133
of criminal identification and investigation shall conduct a	134
criminal records check. The superintendent shall conduct the	135
criminal records check in the manner described in division (B) of	136
this section to determine whether any information exists that	137
indicates that the person who is the subject of the request	138
previously has been convicted of, has pleaded guilty to, or has	139
been found eligible for intervention in lieu of conviction for any	140
of the following, regardless of the date of the conviction, the	141
date of entry of the guilty plea, or the date the person was found	142
eligible for intervention in lieu of conviction:	143

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	144
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	145
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	146
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	147
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	148
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	149
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	150
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	151
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	152
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	153
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	154
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	155
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	156
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	157
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	158
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	159
penetration in violation of former section 2907.12 of the Revised	160
Code, a violation of section 2905.04 of the Revised Code as it	161
existed prior to July 1, 1996, a violation of section 2919.23 of	162
the Revised Code that would have been a violation of section	163
2905.04 of the Revised Code as it existed prior to July 1, 1996,	164
had the violation been committed prior to that date;	165

(b) A violation of an existing or former municipal ordinance	166
or law of this state, any other state, or the United States that	167
is substantially equivalent to any of the offenses listed in	168
division (A)(5)(a) of this section.	169

(6) On receipt of a request pursuant to section 3701.881 of	170
the Revised Code with respect to an applicant for employment with	171
a home health agency in a position that involves providing direct	172
care to an older adult, a completed form prescribed pursuant to	173
division (C)(1) of this section, and a set of fingerprint	174
impressions obtained in the manner described in division (C)(2) of	175
this section, the superintendent of the bureau of criminal	176
identification and investigation shall conduct a criminal records	177
check. The superintendent shall conduct the criminal records check	178
in the manner described in division (B) of this section to	179
determine whether any information exists that indicates that the	180
person who is the subject of the request previously has been	181
convicted of or pleaded guilty to any of the following:	182

(a) A violation of section 2903.01, 2903.02, 2903.03,	183
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	184
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	185
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	186
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	187
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	188
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	189
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	190
2925.22, 2925.23, or 3716.11 of the Revised Code;	191

(b) An existing or former law of this state, any other state,	192
or the United States that is substantially equivalent to any of	193
the offenses listed in division (A)(6)(a) of this section.	194

(7) When conducting a criminal records check upon a request	195
pursuant to section 3319.39 of the Revised Code for an applicant	196
who is a teacher, in addition to the determination made under	197
division (A)(1) of this section, the superintendent shall	198
determine whether any information exists that indicates that the	199
person who is the subject of the request previously has been	200
convicted of or pleaded guilty to any offense specified in section	201
3319.31 of the Revised Code.	202

(8) On receipt of a request pursuant to section 2151.86 of	203
the Revised Code, a completed form prescribed pursuant to division	204
(C)(1) of this section, and a set of fingerprint impressions	205
obtained in the manner described in division (C)(2) of this	206
section, the superintendent of the bureau of criminal	207
identification and investigation shall conduct a criminal records	208
check in the manner described in division (B) of this section to	209
determine whether any information exists that indicates that the	210
person who is the subject of the request previously has been	211
convicted of or pleaded guilty to any of the following:	212

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	213
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	214
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	215
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	216
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	217
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	218
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	219
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	220
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	221
of the Revised Code, a violation of section 2905.04 of the Revised	222
Code as it existed prior to July 1, 1996, a violation of section	223
2919.23 of the Revised Code that would have been a violation of	224
section 2905.04 of the Revised Code as it existed prior to July 1,	225
1996, had the violation been committed prior to that date, a	226
violation of section 2925.11 of the Revised Code that is not a	227
minor drug possession offense, two or more OVI or OVUAC violations	228
committed within the three years immediately preceding the	229
submission of the application or petition that is the basis of the	230
request, or felonious sexual penetration in violation of former	231
section 2907.12 of the Revised Code;	232

(b) A violation of an existing or former law of this state,	233
any other state, or the United States that is substantially	234
equivalent to any of the offenses listed in division (A)(8)(a) of	235
this section.	236

(9) Upon receipt of a request pursuant to section 5104.012 or	237
5104.013 of the Revised Code, a completed form prescribed pursuant	238
to division (C)(1) of this section, and a set of fingerprint	239
impressions obtained in the manner described in division (C)(2) of	240
this section, the superintendent of the bureau of criminal	241
identification and investigation shall conduct a criminal records	242
check in the manner described in division (B) of this section to	243
determine whether any information exists that indicates that the	244
person who is the subject of the request has been convicted of or	245
pleaded guilty to any of the following:	246

(a) A violation of section 2903.01, 2903.02, 2903.03,	247
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	248
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	249
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	250
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	251
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	252
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	253
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	254
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	255
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	256
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	257
3716.11 of the Revised Code, felonious sexual penetration in	258
violation of former section 2907.12 of the Revised Code, a	259
violation of section 2905.04 of the Revised Code as it existed	260
prior to July 1, 1996, a violation of section 2919.23 of the	261
Revised Code that would have been a violation of section 2905.04	262
of the Revised Code as it existed prior to July 1, 1996, had the	263
violation been committed prior to that date, a violation of	264
section 2925.11 of the Revised Code that is not a minor drug	265
possession offense, a violation of section 2923.02 or 2923.03 of	266
the Revised Code that relates to a crime specified in this	267
division, or a second violation of section 4511.19 of the Revised	268
Code within five years of the date of application for licensure or	269
certification.	270

(b) A violation of an existing or former law of this state,	271
any other state, or the United States that is substantially	272
equivalent to any of the offenses or violations described in	273
division (A)(9)(a) of this section.	274

(10) Upon receipt of a request pursuant to section 5153.111	275
of the Revised Code, a completed form prescribed pursuant to	276
division (C)(1) of this section, and a set of fingerprint	277
impressions obtained in the manner described in division (C)(2) of	278
this section, the superintendent of the bureau of criminal	279
identification and investigation shall conduct a criminal records	280
check in the manner described in division (B) of this section to	281
determine whether any information exists that indicates that the	282
person who is the subject of the request previously has been	283
convicted of or pleaded guilty to any of the following:	284

(a) A violation of section 2903.01, 2903.02, 2903.03,	285
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	286
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	287
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	288
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	289
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	290
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	291
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	292
felonious sexual penetration in violation of former section	293
2907.12 of the Revised Code, a violation of section 2905.04 of the	294
Revised Code as it existed prior to July 1, 1996, a violation of	295
section 2919.23 of the Revised Code that would have been a	296
violation of section 2905.04 of the Revised Code as it existed	297
prior to July 1, 1996, had the violation been committed prior to	298
that date, or a violation of section 2925.11 of the Revised Code	299
that is not a minor drug possession offense;	300

(b) A violation of an existing or former law of this state,	301
any other state, or the United States that is substantially	302
equivalent to any of the offenses listed in division (A)(10)(a) of	303
this section.	304

(11) On receipt of a request for a criminal records check	305
from an individual pursuant to section 4749.03 or 4749.06 of the	306
Revised Code, accompanied by a completed copy of the form	307
prescribed in division (C)(1) of this section and a set of	308
fingerprint impressions obtained in a manner described in division	309
(C)(2) of this section, the superintendent of the bureau of	310
criminal identification and investigation shall conduct a criminal	311
records check in the manner described in division (B) of this	312
section to determine whether any information exists indicating	313
that the person who is the subject of the request has been	314
convicted of or pleaded guilty to a felony in this state or in any	315
other state. If the individual indicates that a firearm will be	316
carried in the course of business, the superintendent shall	317
require information from the federal bureau of investigation as	318
described in division (B)(2) of this section. The superintendent	319
shall report the findings of the criminal records check and any	320
information the federal bureau of investigation provides to the	321
director of public safety.	322

(12) On receipt of a request pursuant to section 1321.37,	323
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	324
Code, a completed form prescribed pursuant to division (C)(1) of	325
this section, and a set of fingerprint impressions obtained in the	326
manner described in division (C)(2) of this section, the	327
superintendent of the bureau of criminal identification and	328
investigation shall conduct a criminal records check with respect	329
to any person who has applied for a license, permit, or	330
certification from the department of commerce or a division in the	331
department. The superintendent shall conduct the criminal records	332
check in the manner described in division (B) of this section to	333
determine whether any information exists that indicates that the	334
person who is the subject of the request previously has been	335
convicted of or pleaded guilty to any of the following: a	336
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	337
2925.03 of the Revised Code; any other criminal offense involving	338
theft, receiving stolen property, embezzlement, forgery, fraud,	339
passing bad checks, money laundering, or drug trafficking, or any	340
criminal offense involving money or securities, as set forth in	341
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	342
the Revised Code; or any existing or former law of this state, any	343
other state, or the United States that is substantially equivalent	344
to those offenses.	345

(13) On receipt of a request for a criminal records check	346
from the treasurer of state under section 113.041 of the Revised	347
Code or from an individual under section 4701.08, 4715.101,	348
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	349
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	350
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	351
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	352
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	353
a completed form prescribed under division (C)(1) of this section	354
and a set of fingerprint impressions obtained in the manner	355
described in division (C)(2) of this section, the superintendent	356
of the bureau of criminal identification and investigation shall	357
conduct a criminal records check in the manner described in	358
division (B) of this section to determine whether any information	359
exists that indicates that the person who is the subject of the	360
request has been convicted of or pleaded guilty to any criminal	361
offense in this state or any other state. The superintendent shall	362
send the results of a check requested under section 113.041 of the	363
Revised Code to the treasurer of state and shall send the results	364
of a check requested under any of the other listed sections to the	365
licensing board specified by the individual in the request.	366

(14) On receipt of a request pursuant to section 1121.23,	367
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	368
Code, a completed form prescribed pursuant to division (C)(1) of	369
this section, and a set of fingerprint impressions obtained in the	370
manner described in division (C)(2) of this section, the	371
superintendent of the bureau of criminal identification and	372
investigation shall conduct a criminal records check in the manner	373
described in division (B) of this section to determine whether any	374
information exists that indicates that the person who is the	375
subject of the request previously has been convicted of or pleaded	376
guilty to any criminal offense under any existing or former law of	377
this state, any other state, or the United States.	378

(15) On receipt of a request for a criminal records check	379
from an appointing or licensing authority under section 3772.07 of	380
the Revised Code, a completed form prescribed under division	381
(C)(1) of this section, and a set of fingerprint impressions	382
obtained in the manner prescribed in division (C)(2) of this	383
section, the superintendent of the bureau of criminal	384
identification and investigation shall conduct a criminal records	385
check in the manner described in division (B) of this section to	386
determine whether any information exists that indicates that the	387
person who is the subject of the request previously has been	388
convicted of or pleaded guilty or no contest to any offense under	389
any existing or former law of this state, any other state, or the	390
United States that is a disqualifying offense as defined in	391
section 3772.07 of the Revised Code or substantially equivalent to	392
such an offense.	393

(16) On receipt of a request pursuant to section 4768.06 of	394
the Revised Code, a completed form prescribed under division	395
(C)(1) of this section, and a set of fingerprint impressions	396
obtained in the manner described in division (C)(2) of this	397
section, the superintendent of the bureau of criminal	398
identification and investigation shall conduct a criminal records	399
check in the manner described in division (B) of this section to	400
determine whether any information exists indicating that the	401
person who is the subject of the request has been convicted of or	402
pleaded guilty to a felony in this state or in any other state.	403

(17) Not later than thirty days after the date the	404
superintendent receives a request of a type described in division	405
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	406
(14), or (15), or (16) of this section, the completed form, and	407
the fingerprint impressions, the superintendent shall send the	408
person, board, or entity that made the request any information,	409
other than information the dissemination of which is prohibited by	410
federal law, the superintendent determines exists with respect to	411
the person who is the subject of the request that indicates that	412
the person previously has been convicted of or pleaded guilty to	413
any offense listed or described in division (A)(1), (2), (3), (4),	414
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15), or (16)	415
of this section, as appropriate. The superintendent shall send the	416
person, board, or entity that made the request a copy of the list	417
of offenses specified in division (A)(1), (2), (3), (4), (5), (6),	418
(7), (8), (9), (10), (11), (12), (14), or (15), or (16) of this	419
section, as appropriate. If the request was made under section	420
3701.881 of the Revised Code with regard to an applicant who may	421
be both responsible for the care, custody, or control of a child	422
and involved in providing direct care to an older adult, the	423
superintendent shall provide a list of the offenses specified in	424
divisions (A)(4) and (6) of this section.	425

Not later than thirty days after the superintendent receives	426
a request for a criminal records check pursuant to section 113.041	427
of the Revised Code, the completed form, and the fingerprint	428
impressions, the superintendent shall send the treasurer of state	429
any information, other than information the dissemination of which	430
is prohibited by federal law, the superintendent determines exist	431
with respect to the person who is the subject of the request that	432
indicates that the person previously has been convicted of or	433
pleaded guilty to any criminal offense in this state or any other	434
state.	435

(B) The superintendent shall conduct any criminal records	436
check requested under section 113.041, 121.08, 173.27, 173.394,	437
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	438
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	439
3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101, 4717.061,	440
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	441
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	442
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,	443
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	444
4762.031, 4762.06, 4763.05, 4768.06, 4779.091, 5104.012, 5104.013,	445
5111.032, 5111.033, 5111.034, 5119.693, 5119.85, 5123.081,	446
5126.28, 5126.281, or 5153.111 of the Revised Code as follows:	447

(1) The superintendent shall review or cause to be reviewed	448
any relevant information gathered and compiled by the bureau under	449
division (A) of section 109.57 of the Revised Code that relates to	450
the person who is the subject of the request, including, if the	451
criminal records check was requested under section 113.041,	452
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	453
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	454
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	455
3772.07, 4749.03, 4749.06, 4763.05, 4768.06, 5104.012, 5104.013,	456
5111.032, 5111.033, 5111.034, 5119.693, 5119.85, 5123.081,	457
5126.28, 5126.281, or 5153.111 of the Revised Code, any relevant	458
information contained in records that have been sealed under	459
section 2953.32 of the Revised Code;	460

(2) If the request received by the superintendent asks for	461
information from the federal bureau of investigation, the	462
superintendent shall request from the federal bureau of	463
investigation any information it has with respect to the person	464
who is the subject of the request, including fingerprint-based	465
checks of national crime information databases as described in 42	466
U.S.C. 671 if the request is made pursuant to section 2151.86,	467
5104.012, or 5104.013 of the Revised Code or if any other Revised	468
Code section requires fingerprint-based checks of that nature, and	469
shall review or cause to be reviewed any information the	470
superintendent receives from that bureau. If a request under	471
section 3319.39 of the Revised Code asks only for information from	472
the federal bureau of investigation, the superintendent shall not	473
conduct the review prescribed by division (B)(1) of this section.	474

(3) The superintendent or the superintendent's designee may	475
request criminal history records from other states or the federal	476
government pursuant to the national crime prevention and privacy	477
compact set forth in section 109.571 of the Revised Code.	478

(C)(1) The superintendent shall prescribe a form to obtain	479
the information necessary to conduct a criminal records check from	480
any person for whom a criminal records check is requested under	481
section 113.041 of the Revised Code or required by section 121.08,	482
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	483
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	484
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08,	485
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	486
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	487
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	488
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	489
4761.051, 4762.031, 4762.06, 4763.05, 4768.06, 4779.091, 5104.012,	490
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	491
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	492
form that the superintendent prescribes pursuant to this division	493
may be in a tangible format, in an electronic format, or in both	494
tangible and electronic formats.	495

(2) The superintendent shall prescribe standard impression	496
sheets to obtain the fingerprint impressions of any person for	497
whom a criminal records check is requested under section 113.041	498
of the Revised Code or required by section 121.08, 173.27,	499
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	500
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	501
3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101,	502
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	503
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	504
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	505
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	506
4761.051, 4762.031, 4762.06, 4763.05, 4768.06, 4779.091, 5104.012,	507
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	508
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any	509
person for whom a records check is requested under or required by	510
any of those sections shall obtain the fingerprint impressions at	511
a county sheriff's office, municipal police department, or any	512
other entity with the ability to make fingerprint impressions on	513
the standard impression sheets prescribed by the superintendent.	514
The office, department, or entity may charge the person a	515
reasonable fee for making the impressions. The standard impression	516
sheets the superintendent prescribes pursuant to this division may	517
be in a tangible format, in an electronic format, or in both	518
tangible and electronic formats.	519

(3) Subject to division (D) of this section, the	520
superintendent shall prescribe and charge a reasonable fee for	521
providing a criminal records check requested under section	522
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	523
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	524
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	525
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	526
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	527
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	528
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	529
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4768.06,	530
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	531
5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the	532
Revised Code. The person making a criminal records request under	533
any of those sections shall pay the fee prescribed pursuant to	534
this division. A person making a request under section 3701.881 of	535
the Revised Code for a criminal records check for an applicant who	536
may be both responsible for the care, custody, or control of a	537
child and involved in providing direct care to an older adult	538
shall pay one fee for the request. In the case of a request under	539
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or	540
5111.032 of the Revised Code, the fee shall be paid in the manner	541
specified in that section.	542

(4) The superintendent of the bureau of criminal	543
identification and investigation may prescribe methods of	544
forwarding fingerprint impressions and information necessary to	545
conduct a criminal records check, which methods shall include, but	546
not be limited to, an electronic method.	547

(D) A determination whether any information exists that	548
indicates that a person previously has been convicted of or	549
pleaded guilty to any offense listed or described in division	550
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	551
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	552
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15),	553
or (A)(16) of this section, or that indicates that a person	554
previously has been convicted of or pleaded guilty to any criminal	555
offense in this state or any other state regarding a criminal	556
records check of a type described in division (A)(13) of this	557
section, and that is made by the superintendent with respect to	558
information considered in a criminal records check in accordance	559
with this section is valid for the person who is the subject of	560
the criminal records check for a period of one year from the date	561
upon which the superintendent makes the determination. During the	562
period in which the determination in regard to a person is valid,	563
if another request under this section is made for a criminal	564
records check for that person, the superintendent shall provide	565
the information that is the basis for the superintendent's initial	566
determination at a lower fee than the fee prescribed for the	567
initial criminal records check.	568

(E) When the superintendent receives a request for	569
information from a registered private provider, the superintendent	570
shall proceed as if the request was received from a school	571
district board of education under section 3319.39 of the Revised	572
Code. The superintendent shall apply division (A)(7) of this	573
section to any such request for an applicant who is a teacher.	574

(F) As used in this section:

575

(1) "Criminal records check" means any criminal records check	576
conducted by the superintendent of the bureau of criminal	577
identification and investigation in accordance with division (B)	578
of this section.	579

(2) "Minor drug possession offense" has the same meaning as	580
in section 2925.01 of the Revised Code.	581

(3) "Older adult" means a person age sixty or older.

582

(4) "OVI or OVUAC violation" means a violation of section	583
4511.19 of the Revised Code or a violation of an existing or	584
former law of this state, any other state, or the United States	585
that is substantially equivalent to section 4511.19 of the Revised	586
Code.	587

(5) "Registered private provider" means a nonpublic school or	588
entity registered with the superintendent of public instruction	589
under section 3310.41 of the Revised Code to participate in the	590
autism scholarship program or section 3310.58 of the Revised Code	591
to participate in the Jon Peterson special needs scholarship	592
program.	593

Sec. 4763.01.  As used in this chapter:

594

(A) "Real estate appraisal" or "appraisal" means an analysis,	595
the act or process of developing an opinion, or conclusion	596
relating to the nature, quality, value, or utility of specified	597
interests in, or aspects of identified real estate that is	598
classified as either a valuation or an analysisof value of real	599
property in conformity with the uniform standards of professional	600
appraisal practice.	601

(B) "Valuation" means an estimate of the value of real	602
estate.	603

(C) "Analysis" means a study of real estate for purposes	604
other than valuation.	605

(D) "Appraisal report" means a written communication of a	606
real estate appraisal, appraisal review, or appraisal consulting	607
service or an oral communication of a real estate appraisal,	608
appraisal review, or appraisal consulting service that is	609
documented by a writing that supports the oral communication.	610

(E) "Appraisal assignment" means an engagement for which a	611
person licensed or certified under this chapter is employed,	612
retained, or engaged to act, or would be perceived by third	613
parties or the public as acting, as a disinterested third party in	614
rendering an unbiased real estate appraisal.	615

(F) "Specialized services" means all appraisal services,	616
other than appraisal assignments, including, but not limited to,	617
valuation and analysis given in connection with activities such as	618
real estate brokerage, mortgage banking, real estate counseling,	619
and real estate tax counseling, and specialized marketing,	620
financing, and feasibility studies.	621

(G) "Real estate" has the same meaning as in section 4735.01	622
of the Revised Code.	623

(H) "Appraisal foundation" means a nonprofit corporation	624
incorporated under the laws of the state of Illinois on November	625
30, 1987, for the purposes of establishing and improving uniform	626
appraisal standards by defining, issuing, and promoting those	627
standards; establishing appropriate criteria for the certification	628
and recertification of qualified appraisers by defining, issuing,	629
and promoting the qualification criteria and disseminating the	630
qualification criteria to others; and developing or assisting in	631
development of appropriate examinations for qualified appraisers.	632

(I) "Prepare" means to develop and communicate, whether	633
through a personal physical inspection or through the act or	634
process of critically studying a report prepared by another who	635
made the physical inspection, an appraisal, analysis, or opinion,	636
report or specialized service and to report the results. If the	637
person who develops and communicates the appraisal or specialized	638
service report does not make the personal inspection, the name of	639
the person who does make the personal inspection shall be	640
identified on the appraisal or specialized service reported	641
report.	642

(J) "Report" means any communication, written, oral, or by	643
any other means of transmission of information, of a real estate	644
appraisal, appraisal review, appraisal consulting service, or	645
specialized service that is transmitted to a client or employer	646
upon completion of the appraisal or service.	647

(K) "State-certified general real estate appraiser" means any	648
person who satisfies the certification requirements of this	649
chapter relating to the appraisal of all types of real property	650
and who holds a current and valid certificate or renewal	651
certificate issued to the person pursuant to this chapter.	652

(L) "State-certified residential real estate appraiser" means	653
any person who satisfies the certification requirements only	654
relating to the appraisal of one to four units of single-family	655
residential real estate without regard to transaction value or	656
complexity and who holds a current and valid certificate or	657
renewal certificate issued to the person pursuant to this chapter.	658

(M) "State-licensed residential real estate appraiser" means	659
any person who satisfies the licensure requirements of this	660
chapter relating to the appraisal of noncomplex one-to-four unit	661
single-family residential real estate having a transaction value	662
of less than one million dollars and complex one-to-four unit	663
single-family residential real estate having a transaction value	664
of less than two hundred fifty thousand dollars and who holds a	665
current and valid license or renewal license issued to the person	666
pursuant to this chapter.	667

(N) "Certified or licensed real estate appraisal report"	668
means an appraisal report prepared and reported by a certificate	669
holder or licensee under this chapter acting within the scope of	670
certification or licensure and as a disinterested third party.	671

(O) "State-registered real estate appraiser assistant" means	672
any person, other than a state-certified general real estate	673
appraiser, state-certified residential real estate appraiser, or a	674
state-licensed residential real estate appraiser, who satisfies	675
the registration requirements of this chapter for participating in	676
the development and preparation of real estate appraisals and who	677
holds a current and valid registration or renewal registration	678
issued to the person pursuant to this chapter.	679

(P) "Institution of higher education" means a state	680
university or college, a private college or university located in	681
this state that possesses a certificate of authorization issued by	682
the Ohio board of regents pursuant to Chapter 1713. of the Revised	683
Code, or an accredited college or university located outside this	684
state that is accredited by an accrediting organization or	685
professional accrediting association recognized by the Ohio board	686
of regents.	687

(Q) "Division of real estate" may be used interchangeably	688
with, and for all purposes has the same meaning as, "division of	689
real estate and professional licensing."	690

(R) "Superintendent" or "superintendent of real estate" means	691
the superintendent of the division of real estate and professional	692
licensing of this state. Whenever the division or superintendent	693
of real estate is referred to or designated in any statute, rule,	694
contract, or other document, the reference or designation shall be	695
deemed to refer to the division or superintendent of real estate	696
and professional licensing, as the case may be.	697

(S) "Appraisal review" means the act or process of developing	698
and communicating an opinion about the quality of another	699
appraiser's work that was performed as part of an appraisal,	700
appraisal review, or appraisal consulting assignment. "Appraisal	701
review" does not include an examination of an appraisal for	702
grammatical or typographical errors.	703

(T) "Appraisal consulting" means the act or process of	704
developing an analysis, recommendation, or opinion to solve a	705
problem related to real estate.	706

(U) "Work file" means documentation used during the	707
preparation of an appraisal report or necessary to support an	708
appraiser's analyses, opinions, or conclusions.	709

Sec. 4763.02.  (A) There is hereby created the real estate	710
appraiser board, consisting of five members appointed by the	711
governor, with the advice and consent of the senate. Four members	712
shall be persons certified or licensed under this chapter, at	713
least two of whom shall hold a state-certified general real estate	714
appraiser certificate, and one of whom shall be an owner or	715
controlling person of an appraisal management company licensed and	716
in good standing under Chapter 4768. of the Revised Code. One	717
member shall represent the public and shall not be engaged in the	718
practice of issuingperforming real estate appraisals, real estate	719
brokerage or sales, or have any financial interest in such	720
practices. At least one of the certificate holders or licensees	721
members shall be a real estate broker licensed pursuant to Chapter	722
4735. of the Revised Code whose license is in good standing. For	723
the purpose of appointment to an eligibility for appointment to	724
the board, the license of a real estate broker may be on deposit	725
with the division of real estate of the department of commerce. No	726
more than three members shall be members of the same political	727
party and no member of the board concurrently may be a member of	728
the board and the Ohio real estate commission created pursuant to	729
section 4735.03 of the Revised Code. Of the initial appointments	730
to the board, one is for a term ending June 30, 1990, two are for	731
terms ending June 30, 1991, and two are for terms ending June 30,	732
1992. Thereafter, terms of office are for three years, commencing	733
on the first day of July and ending on the thirtieth day of June.	734
Each member shall hold office from the date of his appointment	735
until the end of the term for which he is appointed. Prior to	736
entering upon theofficial duties of his office, each member	737
shall subscribe to, and file with the secretary of state, the	738
constitutional oath of office. Vacancies that occur on the board	739
shall be filled in the manner prescribed for regular appointments	740
to the board. A member appointed to fill a vacancy occurring prior	741
to the expiration of the term for which histhe member's	742
predecessor was appointed shall hold office for the remainder of	743
that term. A member shall continue in office subsequent to the	744
expiration date of histhe member's term until histhe member's	745
successor takes office or until sixtyninety days have elapsed,	746
whichever occurs first. No person shall serve as a member of the	747
board for more than two consecutive terms. The governor may remove	748
a member pursuant to section 3.04 of the Revised Code.	749

(B) Annually, upon the qualification of the members appointed	750
in that year, the board shall organize by selecting from its	751
members a chairmanchairperson. The board shall meet at least once	752
each calendar quarter to conduct its business with the place of	753
future meetings to be decided by a vote of its members. Each	754
member shall be provided with written notice of the time and place	755
of each board meeting at least ten days prior to the scheduled	756
date of the meeting. A majority of the members of the board	757
constitutes a quorum to transact and vote on all business coming	758
before the board.	759

(C) Each member of the board shall receive an amount fixed	760
pursuant to division (J) of section 124.15 of the Revised Code for	761
each day employed in the discharge of his official duties, and his	762
the member's actual and necessary expenses incurred in the	763
discharge of those duties.	764

(D) The board is part of the department of commerce for	765
administrative purposes.	766

Sec. 4763.05. (A)(1)(a) A person shall make application for	767
an initial state-certified general real estate appraiser	768
certificate, an initial state-certified residential real estate	769
appraiser certificate, an initial state-licensed residential real	770
estate appraiser license, or an initial state-registered real	771
estate appraiser assistant registration in writing to the	772
superintendent of real estate on a form the superintendent	773
prescribes. The application shall include the address of the	774
applicant's principal place of business and all other addresses at	775
which the applicant currently engages in the business of preparing	776
performing real estate appraisals and the address of the	777
applicant's current residence. The superintendent shall retain the	778
applicant's current residence address in a separate record which	779
shall not constitute a public record for purposes of section	780
149.03149.43 of the Revised Code. The application shall indicate	781
whether the applicant seeks certification as a general real estate	782
appraiser or as a residential real estate appraiser, licensure as	783
a residential real estate appraiser, or registration as a real	784
estate appraiser assistant and be accompanied by the prescribed	785
examination and certification, registration, or licensure fees set	786
forth in section 4763.09 of the Revised Code. The application also	787
shall include a pledge, signed by the applicant, that the	788
applicant will comply with the standards set forth in this	789
chapter; and a statement that the applicant understands the types	790
of misconduct for which disciplinary proceedings may be initiated	791
against the applicant pursuant to this chapter.	792

(b) Upon the filing of an application and payment of any	793
examination and certification, registration, or licensure fees,	794
the superintendent of real estate shall request the superintendent	795
of the bureau of criminal identification and investigation, or a	796
vendor approved by the bureau, to conduct a criminal records check	797
based on the applicant's fingerprints in accordance with division	798
(A)(11)(12) of section 109.572 of the Revised Code.	799
Notwithstanding division (K) of section 121.08 of the Revised	800
Code, the superintendent of real estate shall request that	801
criminal record information from the federal bureau of	802
investigation be obtained as part of the criminal records check.	803
Any fee required under division (C)(3) of section 109.572 of the	804
Revised Code shall be paid by the applicant.	805

(2) For purposes of providing funding for the real estate	806
appraiser recovery fund established by section 4763.16 of the	807
Revised Code, the real estate appraiser board shall levy an	808
assessment against each person issued an initial certificate,	809
registration, or license and against current licensees,	810
registrants, and certificate holders, as required by board rule.	811
The assessment is in addition to the application and examination	812
fees for initial applicants required by division (A)(1) of this	813
section and the renewal fees required for current certificate	814
holders, registrants, and licensees. The superintendent of real	815
estate shall deposit the assessment into the state treasury to the	816
credit of the real estate appraiser recovery fund. The assessment	817
for initial certificate holders, registrants, and licensees shall	818
be paid prior to the issuance of a certificate, registration, or	819
license, and for current certificate holders, registrants, and	820
licensees, at the time of renewal.	821

(B) An applicant for an initial general real estate appraiser	822
certificate, residential real estate appraiser certificate, or	823
residential real estate appraiser license shall possess experience	824
in real estate appraisal as the board prescribes by rule. In	825
addition to any other information required by the board, the	826
applicant shall furnish, under oath, a detailed listing of the	827
appraisal reports or file memoranda for each year for which	828
experience is claimed and, upon request of the superintendent or	829
the board, shall make available for examination a sample of the	830
appraisal reports prepared by the applicant in the course of the	831
applicant's practice.	832

(C) An applicant for an initial certificate, registration, or	833
license shall be at least eighteen years of age, honest, truthful,	834
and of good reputation and shall present satisfactory evidence to	835
the superintendent that the applicant has successfully completed	836
any education requirements the board prescribes by rule.	837

(D) An applicant for an initial general real estate appraiser	838
or residential real estate appraiser certificate or residential	839
real estate appraiser license shall take and successfully complete	840
a written examination in order to qualify for the certificate or	841
license.	842

The board shall prescribe the examination requirements by	843
rule.	844

(E)(1) A nonresident, natural person of this state who has	845
complied with this section may obtain a certificate, registration,	846
or license. The board shall adopt rules relating to the	847
certification, registration, and licensure of a nonresident	848
applicant whose state of residence the board determines to have	849
certification, registration, or licensure requirements that are	850
substantially similar to those set forth in this chapter and the	851
rules adopted thereunder.	852

(2) The board shall recognize on a temporary basis a	853
certification or license issued in another state and shall	854
register on a temporary basis an appraiser who is certified or	855
licensed in another state if all of the following apply:	856

(a) The temporary registration is to perform an appraisal	857
assignment that is part of a federally related transaction.	858

(b) The appraiser's business in this state is of a temporary	859
nature.	860

(c) The appraiser registers with the board pursuant to this	861
division.	862

An appraiser who is certified or licensed in another state	863
shall register with the board for temporary practice before	864
performing an appraisal assignment in this state in connection	865
with a federally related transaction.	866

The board shall adopt rules relating to registration for the	867
temporary recognition of certification and licensure of appraisers	868
from another state. The registration for temporary recognition of	869
certified or licensed appraisers from another state shall not	870
authorize completion of more than one appraisal assignment in this	871
state. The board shall not issue more than two registrations for	872
temporary practice to any one applicant in any calendar year.	873

(3) In addition to any other information required to be	874
submitted with the nonresident applicant's or appraiser's	875
application for a certificate, registration, license, or temporary	876
recognition of a certificate or license, each nonresident	877
applicant or appraiser shall submit a statement consenting to the	878
service of process upon the nonresident applicant or appraiser by	879
means of delivering that process to the secretary of state if, in	880
an action against the applicant, certificate holder, registrant,	881
or licensee arising from the applicant's, certificate holder's,	882
registrant's, or licensee's activities as a certificate holder,	883
registrant, or licensee, the plaintiff, in the exercise of due	884
diligence, cannot effect personal service upon the applicant,	885
certificate holder, registrant, or licensee.	886

(F) The superintendent shall not issue a certificate,	887
registration, or license to, or recognize on a temporary basis an	888
appraiser from another state that is a corporation, partnership,	889
or association. This prohibition shall not be construed to prevent	890
a certificate holder or licensee from signing an appraisal report	891
on behalf of a corporation, partnership, or association.	892

(G) Every person licensed, registered, or certified under	893
this chapter shall notify the superintendent, on a form provided	894
by the superintendent, of a change in the address of the	895
licensee's, registrant's, or certificate holder's principal place	896
of business or residence within thirty days of the change. If a	897
licensee's, registrant's, or certificate holder's license,	898
registration, or certificate is revoked or not renewed, the	899
licensee, registrant, or certificate holder immediately shall	900
return the annual and any renewal certificate, registration, or	901
license to the superintendent.	902

(H)(1) The superintendent shall not issue a certificate,	903
registration, or license to any person, or recognize on a	904
temporary basis an appraiser from another state, who does not meet	905
applicable minimum criteria for state certification, registration,	906
or licensure prescribed by federal law or rule.	907

(2) The superintendent shall not issue a general real estate	908
appraiser certificate, residential real estate appraiser	909
certificate, residential real estate appraiser license, or real	910
estate appraiser assistant registration to any person who has been	911
convicted of or pleaded guilty to any criminal offense involving	912
theft, receiving stolen property, embezzlement, forgery, fraud,	913
passing bad checks, money laundering, or drug trafficking, or any	914
criminal offense involving money or securities, including a	915
violation of an existing or former law of this state, any other	916
state, or the United States that substantially is equivalent to	917
such an offense. However, if the applicant has pleaded guilty to	918
or been convicted of such an offense, the superintendent shall not	919
consider the offense if the applicant has proven to the	920
superintendent, by a preponderance of the evidence, that the	921
applicant's activities and employment record since the conviction	922
show that the applicant is honest, truthful, and of good	923
reputation, and there is no basis in fact for believing that the	924
applicant will commit such an offense again.	925

Sec. 4763.08.  On and after December 22, 1992, each	926
certificate, registration, and license issued under this chapter,	927
other than a temporary certificate or license issued under	928
division (E)(2) of section 4763.05 of the Revised Code, is valid	929
for a period of one year from its date of issuance. The	930
superintendent of real estate shall provide renewal notices to	931
certificate holders, registrants, and licensees no later than	932
thirty days prior to the expiration of the certificate,	933
registration, or license. The superintendent shall issue to each	934
person initially certified, registered, or licensed under this	935
chapter a certificate, registration, or license in the form and	936
size the superintendent prescribes. The initial certificate,	937
registration, and license shall indicate the name of the	938
certificate holder, registrant, or licensee, bear the signatures	939
of the members of the real estate appraiser board, be issued under	940
the seal prescribed in section 121.20 of the Revised Code, and	941
contain a certificate, registration, or license number assigned by	942
the superintendent. The superintendent shall issue to each person	943
who renews a certificate, registration, or license a renewal	944
certificate, registration, or license in the size and form the	945
superintendent prescribes. The renewal certificate, registration,	946
or license shall contain the name and principal address of the	947
certificate holder, registrant, or licensee and the expiration and	948
number of the certificate, registration, or license. Each	949
certificate holder and licensee shall place the certificate	950
holder's or licensee's certificate or license number adjacent to	951
the title "state-licensed residential real estate appraiser,"	952
"state-certified residential real estate appraiser," or	953
"state-certified general real estate appraiser," when issuing an	954
appraisal report or in a contract or other instrument used in	955
conducting real estate appraisal activities as required by section	956
4763.12 of the Revised Code. If a state-registered real estate	957
appraiser assistant participated in the development of an	958
appraisal or specialized service report, the certificate holder or	959
licensee shall also place the registrant's name, registration	960
number, and the title "state-registered real estate appraiser	961
assistant" on the appraisal or report.	962

Sec. 4763.11.  (A) Within ten business days after a person	963
files a written complaint against a person certified, registered,	964
or licensed under this chapter with the division of real estate,	965
the superintendent of real estate shall acknowledge receipt of the	966
complaint by sending notice to the certificate holder, registrant,	967
or licensee that includes a copy of the complaint. The	968
acknowledgement to the complainant and the notice to the	969
certificate holder, registrant, or licensee may state that an	970
informal mediation meeting will be held with the complainant, the	971
certificate holder, registrant, or licensee, and an investigator	972
from the investigation and audit section of the division, if the	973
complainant and certificate holder, registrant, or licensee both	974
file a request for such a meeting within twenty calendar days	975
after the acknowledgment and notice are mailed.	976

(B) If the complainant and certificate holder, registrant, or	977
licensee both file with the division requests for an informal	978
mediation meeting, the superintendent shall notify the complainant	979
and certificate holder, registrant, or licensee of the date of the	980
meeting, by regular mail. If the complainant and certificate	981
holder, registrant, or licensee reach an accommodation at an	982
informal mediation meeting, the investigator shall report the	983
accommodation to the superintendent, the complainant, and the	984
certificate holder, registrant, or licensee and the complaint file	985
shall be closed upon the superintendent receiving satisfactory	986
notice that the accommodation has been fulfilled.	987

(C) If the complainant and certificate holder, registrant, or	988
licensee fail to agree to an informal mediation meeting or fail to	989
reach an accommodation agreement, or fail to fulfill an	990
accommodation agreement, the superintendent shall assign the	991
complaint to an investigator for an investigation into the conduct	992
of the certificate holder, registrant, or licensee against whom	993
the complaint is filed.	994

(D) Upon the conclusion of the investigation, the	995
investigator shall file a written report of the results of the	996
investigation with the superintendent. The superintendent shall	997
review the report and determine whether there exists reasonable	998
and substantial evidence of a violation of division (G) of this	999
section by the certificate holder, registrant, or licensee. If the	1000
superintendent finds such evidence exists, the superintendent	1001
shall notify the complainant and certificate holder, registrant,	1002
or licensee of the determination. The certificate holder,	1003
registrant, or licensee may request a hearing pursuant to Chapter	1004
119. of the Revised Code. If a formal hearing is conducted, the	1005
hearing examiner shall file a report of findings of fact and	1006
conclusions of law with the superintendent, the board, the	1007
complainant and the certificate holder, licensee, or registrant	1008
after the conclusion of the formal hearing. Within ten calendar	1009
days of receipt of the copy of the hearing examiner's finding of	1010
fact and conclusions of law, the certificate holder, licensee, or	1011
registrant or the division may file with the board written	1012
objections to the hearing examiner's report, which shall be	1013
considered by the board before approving, modifying, or rejecting	1014
the hearing examiner's report. If the superintendent finds that	1015
such evidence does not exist, the superintendent shall notify the	1016
complainant and certificate holder, registrant, or licensee of	1017
that determination and the basis for the determination. Within	1018
fifteen business days after the superintendent notifies the	1019
complainant and certificate holder, registrant, or licensee that	1020
such evidence does not exist, the complainant may file with the	1021
division a request that the real estate appraiser board review the	1022
determination. If the complainant files such request, the board	1023
shall review the determination at the next regularly scheduled	1024
meeting held at least fifteen business days after the request is	1025
filed but no longer than six months after the request is filed.	1026
The board may hear the testimony of the complainant, certificate	1027
holder, registrant, or licensee at the meeting upon the request of	1028
that party. If the board affirms the determination of the	1029
superintendent, the superintendent shall notify the complainant	1030
and the certificate holder, registrant, or licensee within five	1031
business days thereafter. If the board reverses the determination	1032
of the superintendent, a hearing before a hearing examiner shall	1033
be held and the complainant and certificate holder, registrant, or	1034
licensee notified as provided in this division.	1035

(E) The board shall review the referee's or hearing	1036
examiner's report and the evidence at the next regularly scheduled	1037
board meeting held at least fifteen business days after receipt of	1038
the referee's or examiner's report. The board may hear the	1039
testimony of the complainant, certificate holder, registrant, or	1040
licensee upon request. If the complainant is the Ohio civil rights	1041
commission, the board shall review the complaint.	1042

(F) If the board determines that a licensee, registrant, or	1043
certificate holder has violated this chapter for which	1044
disciplinary action may be taken under division (G) of this	1045
section, after review of the referee's or examiner's report and	1046
the evidence as provided in division (E) of this section, the	1047
board shall order the disciplinary action the board considers	1048
appropriate, which may include, but is not limited to, any of the	1049
following:	1050

(1) Reprimand of the certificate holder, registrant, or	1051
licensee;	1052

(2) Imposition of a fine, not exceeding, two thousand five	1053
hundred dollars per violation;	1054

(3) Requirement of the completion of additional education	1055
courses. Any course work imposed pursuant to this section shall	1056
not count toward continuing education requirements or prelicense	1057
or precertification requirements set forth in section 4763.05 of	1058
the Revised Code.	1059

(4) Suspension of the certificate, registration, or license	1060
for a specific period of time;	1061

(5) Revocation of the certificate, registration, or license.

1062

The decision and order of the board is final, subject to	1063
review in the manner provided for in Chapter 119. of the Revised	1064
Code and appeal to any court of common pleas.	1065

(G) The board shall take any disciplinary action authorized	1066
by this section against a certificate holder, registrant, or	1067
licensee who is found to have committed any of the following acts,	1068
omissions, or violations during the appraiser's certification,	1069
registration, or licensure:	1070

(1) Procuring or attempting to procure a certificate,	1071
registration, or license pursuant to this chapter by knowingly	1072
making a false statement, submitting false information, refusing	1073
to provide complete information in response to a question in an	1074
application for certification, registration, or licensure, or by	1075
any means of fraud or misrepresentation;	1076

(2) Paying, or attempting to pay, anything of value, other	1077
than the fees or assessments required by this chapter, to any	1078
member or employee of the board for the purpose of procuring a	1079
certificate, registration, or license;	1080

(3) Being convicted in a criminal proceeding for a felony or	1081
a crime involving moral turpitude;	1082

(4) Dishonesty, fraud, or misrepresentation, with the intent	1083
to either benefit the certificate holder, registrant, or licensee	1084
or another person or injure another person;	1085

(5) Violation of any of the standards for the development,	1086
preparation, communication, or reporting of an appraisal report	1087
set forth in this chapter and rules of the board;	1088

(6) Failure or refusal to exercise reasonable diligence in	1089
developing, preparing, or communicating an appraisal report;	1090

(7) Negligence or incompetence in developing, preparing,	1091
communicating, or reporting an appraisal report;	1092

(8) Violating or willfully disregarding this chapter or the	1093
rules adopted thereunder;	1094

(9) Accepting an appraisal assignment where the employment is	1095
contingent upon the appraiser preparing or reporting a	1096
predetermined estimate, analysis, or opinion, or where the fee to	1097
be paid for the appraisal is contingent upon the opinion,	1098
conclusion, or valuation attained or upon the consequences	1099
resulting from the appraisal assignment;	1100

(10) Violating the confidential nature of governmental	1101
records to which the certificate holder, registrant, or licensee	1102
gained access through employment or engagement as an appraiser by	1103
a governmental agency;	1104

(11) Entry of final judgment against the certificate holder,	1105
registrant, or licensee on the grounds of fraud, deceit,	1106
misrepresentation, or gross negligence in the making ofperforming	1107
any appraisal of real estate;	1108

(12) Violating any federal or state civil rights law;

1109

(13) Having published advertising, whether printed, radio,	1110
display, or of any other nature, which was misleading or	1111
inaccurate in any material particular, or in any way having	1112
misrepresented any appraisal or specialized service;	1113

(14) Failing to provide copies of records to the	1114
superintendent or failing to maintain records as required by	1115
section 4763.14 of the Revised Code. Failure of a certificate	1116
holder, licensee, or registrant to comply with a subpoena issued	1117
under division (C)(1) of section 4763.03 of the Revised Code is	1118
prima-facie evidence of a violation of division (G)(14) of section	1119
4763.11 of the Revised Code.	1120

(15) Failing to provide notice to the board as required in	1121
division (I) of this section.	1122

(H) The board immediately shall notify the superintendent of	1123
real estate of any disciplinary action taken under this section	1124
against a certificate holder, registrant, or licensee who also is	1125
licensed under Chapter 4735. of the Revised Code, and also shall	1126
notify any other federal, state, or local agency and any other	1127
public or private association that the board determines is	1128
responsible for licensing or otherwise regulating the professional	1129
or business activity of the appraiser. Additionally, the board	1130
shall notify the complainant and any other party who may have	1131
suffered financial loss because of the certificate holder's,	1132
registrant's, or licensee's violations, that the complainant or	1133
other party may sue for recovery under section 4763.16 of the	1134
Revised Code. The notice provided under this division shall	1135
specify the conduct for which the certificate holder, registrant,	1136
or licensee was disciplined and the disciplinary action taken by	1137
the board and the result of that conduct.	1138

(I) A certificate holder, registrant, or licensee shall	1139
notify the board within fifteen days of the agency's issuance of	1140
an order revoking or permanently surrendering any professional	1141
license, certificate, or registration by any public entity other	1142
than the division of real estate. A certificate holder,	1143
registrant, or licensee who is convicted of a felony or crime of	1144
moral turpitude as described in division (G)(3) of this section	1145
shall notify the board of the conviction within fifteen days of	1146
the conviction.	1147

(J) If the board determines that a certificate holder,	1148
registrant, or licensee has violated this chapter for which	1149
disciplinary action may be taken under division (G) of this	1150
section as a result of an investigation conducted by the	1151
superintendent upon the superintendent's own motion or upon the	1152
request of the board, the superintendent shall notify the	1153
certificate holder, registrant, or licensee of the certificate	1154
holder's, registrant's, or licensee's right to a hearing pursuant	1155
to Chapter 119. of the Revised Code and to an appeal of a final	1156
determination of such administrative proceedings to any court of	1157
common pleas.	1158

(K) All notices, written reports, and determinations issued	1159
pursuant to this section shall be mailed via certified mail,	1160
return receipt requested. If the certified notice is returned	1161
because of failure of delivery or was unclaimed, the notice,	1162
written reports, or determinations are deemed served if the	1163
superintendent sends the notice, written reports, or determination	1164
via regular mail and obtains a certificate of mailing of the	1165
notice, written reports, or determination. Refusal of delivery by	1166
personal service or by mail is not failure of delivery and service	1167
is deemed to be complete.	1168

Sec. 4763.12.  (A) A person licensed or certified under this	1169
chapter may be retained or employed to act as a disinterested	1170
third party in rendering an unbiased valuation or analysis of real	1171
estate or to provide specialized services to facilitate the client	1172
or employer's objectives. An appraisal or appraisal report	1173
rendered by a certificate holder or licensee shall comply with	1174
this chapter. A certified appraisal or certified appraisal report	1175
represents to the public that it satisfies the standards set forth	1176
in this chapter.	1177

(B) No certificate holder or licensee shall accept a fee for	1178
an appraisal assignment that is contingent, in whole or in part,	1179
upon the reporting of a predetermined estimate, analysis, or	1180
opinion or upon the opinion, conclusion, or valuation reached, or	1181
upon consequences resulting from the appraisal assignment. A	1182
certificate holder or licensee who enters into an agreement to	1183
provide specialized services may charge a fixed fee or a fee that	1184
is contingent upon the results achieved by the specialized	1185
services, provided that this fact is clearly stated in each oral	1186
report rendered pursuant to the agreement, and the existence of	1187
the contingent fee arrangement is clearly stated in a prominent	1188
place on each written report and in each letter of transmittal and	1189
certification statement made by the certificate holder or licensee	1190
within that report.	1191

(C) Every written report rendered by a certificate holder or	1192
licensee in conjunction with an appraisal assignment or	1193
specialized service performed shall include the following	1194
information:	1195

(1) The name of the certificate holder or licensee;

1196

(2) The class of certification or licensure held by and the	1197
certification or licensure number of the certificate holder or	1198
licensee;	1199

(3) Whether the appraisal or specialized service is performed	1200
within the scope of the certificate holder's or licensee's	1201
certification or licensure;	1202

(4) Whether the appraisal or specialized service is provided	1203
by a certificate holder or licensee as a disinterested and	1204
unbiased third party or as a person on an interested and biased	1205
basis or as an interested third party on a contingent fee basis;	1206

(5) The signature of the person preparingperforming and	1207
reporting the appraisal or specialized service;	1208

(6) The license, certificate, or registration number of the	1209
appraisal management company that has engaged the appraiser for	1210
the assignment within the body of the appraisal report;	1211

(7) The actual fees paid to the appraiser within the body of	1212
the appraisal report.	1213

If the certificate holder or licensee provides an oral real	1214
estate appraisal report or specialized service, the certificate	1215
holder or licensee shall send, within seven days of providing the	1216
oral report, a form to the client containing the appropriate	1217
information specified in this division and the rules adopted	1218
pursuant to this division.	1219

(D) Nothing in this chapter shall be construed as requiring a	1220
certificate holder or licensee to provide a client with a copy of	1221
any writing prepared in support of an oral appraisal report except	1222
as provided in division (C) of this section or as agreed to	1223
between the certificate holder or licensee and the certificate	1224
holder's or licensee's client.	1225

(E) No person, directly or indirectly, shall knowingly	1226
compensate, instruct, induce, coerce, or intimidate, or attempt to	1227
compensate, instruct, induce, coerce, or intimidate, a certificate	1228
holder or licensee for the purpose of corrupting or improperly	1229
influencing the independent judgment of the certificate holder or	1230
licensee with respect to the value of the dwelling offered as	1231
security for repayment of a mortgage loan.	1232

Sec. 4763.13.  (A) In engaging in appraisal activities, a	1233
person certified, registered, or licensed under this chapter shall	1234
comply with the applicable standards prescribed by the board of	1235
governors of the federal reserve system, the federal deposit	1236
insurance corporation, the comptroller of the currency, the office	1237
of thrift supervision, the national credit union administration,	1238
and the resolution trust corporation in connection with federally	1239
related transactions under the jurisdiction of the applicable	1240
agency or instrumentality. A certificate holder, registrant, and	1241
licensee also shall comply with the uniform standards of	1242
professional appraisal practice, as adopted by the appraisal	1243
standards board of the appraisal foundation and such other	1244
standards adopted by the real estate appraiser board, to the	1245
extent that those standards do not conflict with applicable	1246
federal standards in connection with a particular federally	1247
related transaction.	1248

(B) The terms "state-licensed residential real estate	1249
appraiser," "state-certified residential real estate appraiser,"	1250
"state-certified general real estate appraiser," and	1251
"state-registered real estate appraiser assistant" shall be used	1252
to refer only to those persons who have been issued the applicable	1253
certificate, registration, or license or renewal certificate,	1254
registration, or license pursuant to this chapter. None of these	1255
terms shall be used following or in connection with the name or	1256
signature of a partnership, corporation, or association or in a	1257
manner that could be interpreted as referring to a person other	1258
than the person to whom the certificate, registration, or license	1259
has been issued. No person shall fail to comply with this	1260
division.	1261

(C) No person, other than a certificate holder, a registrant,	1262
or a licensee, shall assume or use a title, designation, or	1263
abbreviation that is likely to create the impression that the	1264
person possesses certification, registration, or licensure under	1265
this chapter, provided that professional designations containing	1266
the term "certified appraiser" and being used on or before July	1267
26, 1989, shall not be construed as being misleading under this	1268
division. No person other than a person certified or licensed	1269
under this chapter shall describe or refer to an appraisal or	1270
other evaluation of real estate located in this state as being	1271
certified.	1272

(D) The terms "state-certified or state-licensed real estate	1273
appraisal report," "state-certified or state-licensed appraisal	1274
report," or "state-certified or state-licensed appraisal" shall be	1275
used to refer only to those real estate appraisals conducted by a	1276
certificate holder or licensee as a disinterested and unbiased	1277
third party provided that the certificate holder or licensee	1278
provides certification with the appraisal report and provided	1279
further that if a licensee is providing the appraisal, such terms	1280
shall only be used if the licensee is acting within the scope of	1281
the licensee's license. No person shall fail to comply with this	1282
division.	1283

(E) Nothing in this chapter shall preclude a partnership,	1284
corporation, or association which employs, retains, or engages the	1285
services of a certificate holder or licensee to advertise that the	1286
partnership, corporation, or association offers state-certified or	1287
state-licensed appraisals through a certificate holder or licensee	1288
if the advertisement clearly states such fact in accordance with	1289
guidelines for such advertisements established by rule of the real	1290
estate appraiser board.	1291

(F) Except as otherwise provided in section 4763.19 of the	1292
Revised Code, nothing in this chapter shall preclude a person who	1293
is not licensed or certified under this chapter from appraising	1294
real estate for compensation.	1295

Sec. 4763.14.  A person licensed, registered, or certified	1296
under this chapter shall retain for a period of five years the	1297
original or a true copy of each written contract for the person's	1298
services relating to real estate appraisal work, all appraisal	1299
reports, and all work file documentation and data assembled in	1300
preparing those reports. The retention period begins on the date	1301
the appraisal report is submitted to the client unless, prior to	1302
expiration of the retention period, the certificate holder,	1303
registrant, or licensee is notified that the appraisal or report	1304
is the subject of or is otherwise involved in pending litigation,	1305
in which case the retention period begins on the date of final	1306
disposition of the litigation.	1307

A certificate holder, registrant, and a licensee shall make	1308
available all records required to be maintained under this section	1309
for inspection and copying by the superintendent of real estate or	1310
the real estate appraiser board, or both, upon reasonable notice	1311
to the certificate holder, registrant, or licensee.	1312

Sec. 4763.15.  Except for moneys required to be transferred	1313
into the real estate appraiser recovery fund pursuant to section	1314
4763.16 of the Revised Code or as required pursuant to this	1315
section, the superintendent of real estate may deposit all fees	1316
collected under this chapter into the state treasury to the credit	1317
of the real estate appraiser operating fund, which is hereby	1318
created. All operating expenses of the real estate appraiser board	1319
and the superintendent of real estate relating to the	1320
administration and enforcement of this chapter and Chapter 4768.	1321
of the Revised Code shall be paid from this fund. The fund shall	1322
be assessed a proportionate share of the administrative cost of	1323
the department of commerce in accordance with procedures	1324
prescribed by the director of commerce and approved by the	1325
director of budget and management and the assessment shall be paid	1326
from the operating fund to the division of administration fund.	1327

If, in any biennium, the director of commerce determines that	1328
moneys in the operating fund exceed those necessary to fund the	1329
activities of the board and of the superintendent of real estate	1330
that relate to this chapter and Chapter 4768. of the Revised Code,	1331
hethe director may pay the excess funds to the real estate	1332
appraiser recovery fund.	1333

Sec. 4763.17.  Every partnership, corporation, or association	1334
which employs, retains, or engages the services of a person	1335
licensed, registered, or certified under this chapter, whether the	1336
certificate holder, registrant, or licensee is an independent	1337
contractor or under the supervision or control of the partnership,	1338
corporation, or association, is jointly and severally liable for	1339
any damages incurred by any person as a result of an act or	1340
omission concerning a state-certified or state-licensed real	1341
estate appraisal report prepared or facilitated in the preparation	1342
by a certificate holder, registrant, or licensee while employed,	1343
retained, or engaged by the partnership, corporation, or	1344
association.	1345

Sec. 4763.19.  (A) Subject to division (B) of this section,	1346
no person shall perform a real estate appraisal for a mortgage	1347
loan, or prepare an appraisal report for such an appraisal, if the	1348
person is not licensed or certified under this chapter to do the	1349
appraisal.	1350

(B) Division (A) of this section does not apply to aeither	1351
of the following persons:	1352

(1) A lender using a, or any person working on behalf of a	1353
lender, that is performing a valuation for purposes of validating	1354
or supporting an appraisal report that is provided by a person	1355
licensed or certified under this chapter, when the lender or the	1356
person working on behalf of the lender uses any of the following	1357
items:	1358

(a) A market analysis or price opinion, an;

1359

(b) An internal valuation analysis, or an;

1360

(c) An automated valuation model, or report based on an	1361
automated valuation model, and anythat is validated by an	1362
appraiser who is licensed or certified under this chapter.	1363

(2) Any person providing thatthe report described in	1364
division (B)(1)(c) of this section to the lender, in performing a	1365
valuation for purposes of a loan application, as long as the	1366
lender does both of the following	1367

(1) Gives the consumer loan applicant a copy of any written	1368
market analysis or price opinion or valuation report based on an	1369
automated valuation model;	1370

(2) Includes a disclaimer on the consumer's copy specifying	1371
that the valuation used for purposes of the application was	1372
obtained from a market analysis or price opinion or automated	1373
valuation model report and not from a person licensed or certified	1374
under this chapter.	1375

Sec. 4768.01.  As used in this chapter:

1376

(A) "Real estate appraisal" or "appraisal" means the act or	1377
process of developing an opinion of value of real property in	1378
conformity with the uniform standards of professional appraisal	1379
practice.	1380

(B) "Appraisal consulting" means the act or process of	1381
developing an analysis, recommendation, or opinion to solve a	1382
problem related to real estate.	1383

(C) "Appraisal management company" means any person who,	1384
directly or indirectly, performs appraisal management services,	1385
regardless of the use of the term "appraisal management company,"	1386
"lender processing services," "lender services," "loan processor,"	1387
"mortgage services," "mortgage technology provider," "real estate	1388
closing services provider," "settlement services provider,"	1389
"vendor management company," or any other term.	1390

(D) "Appraisal management services" means any of the	1391
following when done on behalf of a lender, financial institution,	1392
client, or any other person:	1393

(1) Administering an appraiser panel;

1394

(2) Recruiting, qualifying, verifying licensure or	1395
certification, and negotiating fees and service level expectations	1396
with persons who are part of an appraiser panel;	1397

(3) Receiving an order for an appraisal from one person and	1398
delivering that order to an appraiser who is part of an appraiser	1399
panel for completion;	1400

(4) Tracking and determining the status of orders for	1401
appraisals;	1402

(5) Conducting quality control of a completed appraisal prior	1403
to the delivery of the appraisal to the person that ordered the	1404
appraisal;	1405

(6) Providing a completed appraisal performed by an appraiser	1406
to one or more persons that have ordered an appraisal.	1407

(E) "Appraisal review" means the act or process of developing	1408
and communicating an opinion about the quality of another	1409
appraiser's work that was performed as part of an appraisal,	1410
appraisal review, or appraisal consulting assignment. "Appraisal	1411
review" does not include an examination of an appraisal for	1412
grammatical or typographical errors.	1413

(F) "Appraiser" means a person licensed or certified under	1414
Chapter 4763. of the Revised Code.	1415

(G) "Appraiser panel" means a network of appraisers who are	1416
independent contractors to the appraisal management company and	1417
who have been approved by the appraisal management company, after	1418
responding to an invitation or request from the appraisal	1419
management company, to perform appraisals for any client of the	1420
appraisal management company or for the appraisal management	1421
company directly, on a periodic basis, as assigned by the	1422
appraisal management company.	1423

(H) "Appraisal company" means an entity that employs	1424
appraisers, but is not an appraisal management company, and is	1425
regulated by the Ohio department of commerce.	1426

(I) "Client" means any person that contracts with, or	1427
otherwise enters into an agreement with, an appraisal management	1428
company for residential or commercial real estate appraisal	1429
services.	1430

(J) "Controlling person" means any of the following:

1431

(1) An owner, officer, or director of a business entity	1432
seeking to offer appraisal management services in this state;	1433

(2) An individual employed, appointed, or authorized by an	1434
appraisal management company, who has the authority to enter into	1435
contractual relationships with clients for the performance of	1436
appraisal management services and the authority to enter into	1437
agreements with appraisers for the performance of residential or	1438
commercial real estate appraisal services;	1439

(3) An individual who possesses, directly or indirectly, the	1440
power to direct or cause the direction of the management or	1441
policies of an appraisal management company.	1442

(K) "Person" means an individual, corporation, partnership,	1443
sole proprietorship, subsidiary, unit, or other business entity.	1444

(L) "Real estate" has the same meaning as in section 4735.01	1445
of the Revised Code.	1446

(M) "Real estate appraisal services" means a real estate	1447
appraisal, appraisal review, or appraisal consulting service.	1448

Sec. 4768.02.  (A)(1) No person shall do any of the following	1449
without first obtaining a license under this chapter:	1450

(a) Directly or indirectly engage or attempt to engage in	1451
business as an appraisal management company;	1452

(b) Directly or indirectly engage in or attempt to perform	1453
appraisal management services;	1454

(c) Advertise or hold itself out as engaging in or conducting	1455
business as an appraisal management company.	1456

(2) A person that violates division (A)(1) of this section	1457
may be subject to sanctions under section 4768.14 of the Revised	1458
Code.	1459

(B) This chapter shall not apply to any of the following:

1460

(1) Lending institutions that have "in-house" appraisal	1461
offices, business units, or departments;	1462

(2) An appraisal management company that is a subsidiary	1463
owned and controlled by a financial institution regulated by a	1464
federal financial institution regulatory agency;	1465

(3) An appraisal management company that orders not more than	1466
ten appraisals in this state within one calendar year;	1467

(4) An appraisal company.

1468

Sec. 4768.03.  The real estate appraiser board shall do all	1469
of the following:	1470

(A) Adopt rules, in accordance with Chapter 119. of the	1471
Revised Code, in furtherance of this chapter, including rules that	1472
establish all of the following:	1473

(1) Procedures for criminal records checks that are required	1474
under section 4768.06 of the Revised Code, in accordance with	1475
division (K) of section 121.08 and division (C) of section 4768.06	1476
of the Revised Code;	1477

(2) The following nonrefundable fees:

1478

(a) The initial appraisal management company license fee,	1479
which shall not exceed two thousand dollars;	1480

(b) The annual renewal fee, which shall not exceed two	1481
thousand dollars;	1482

(c) The late filing fee, which shall not exceed one thousand	1483
dollars, for the renewal of a license under division (C) of	1484
section 4768.07 of the Revised Code.	1485

(3) Requirements for settlement agreements that the	1486
superintendent of real estate and professional licensing and an	1487
appraisal management company or other person may enter into under	1488
division (H) of section 4768.13 or division (C) of section 4768.14	1489
of the Revised Code;	1490

(4) Presumptions of compliance with regard to the customary	1491
and reasonable fees required under division (B) of section 4768.12	1492
of the Revised Code. In adopting rules under division (A)(4) of	1493
this section, the board shall consider presumptions of compliance	1494
promulgated for the same purpose under the federal "Truth in	1495
Lending Act," 82 Stat. 146, 15 U.S.C. 1631 et seq.	1496

(B) Determine the appropriate disciplinary actions to be	1497
taken against a person, including a licensee, under section	1498
4768.13 of the Revised Code;	1499

(C) Hear appeals, pursuant to Chapter 119. of the Revised	1500
Code, from decisions and orders that the superintendent issues	1501
pursuant to this chapter;	1502

(D) Request that the superintendent initiate an investigation	1503
of a violation of this chapter or the rules adopted under it, as	1504
the board determines appropriate.	1505

Sec. 4768.04.  (A) The superintendent of real estate and	1506
professional licensing shall do all of the following:	1507

(1) Prescribe the form and content of all applications	1508
required by this chapter;	1509

(2) Receive applications for licenses and renewal thereof	1510
under this chapter and establish the procedures for processing,	1511
approving, and disapproving those applications;	1512

(3) Retain records and all application materials submitted to	1513
the superintendent;	1514

(4) Issue licenses and maintain a register of the names and	1515
addresses of all appraisal management companies issued a license	1516
under this chapter;	1517

(5) Perform any other functions and duties, including the	1518
employment of staff, necessary to administer this chapter;	1519

(6) Administer this chapter;

1520

(7) Issue all orders necessary to implement this chapter;

1521

(8) Investigate complaints, upon the motion of the	1522
superintendent of real estate and professional licensing or upon	1523
receipt of a complaint, or at the request of the real estate	1524
appraiser board, concerning any violation of this chapter or the	1525
rules adopted pursuant thereto or the conduct of any person	1526
holding a license issued pursuant to this chapter;	1527

(9) Establish and maintain an investigation and audit section	1528
to investigate complaints and conduct inspections, audits, and	1529
other inquiries as, in the judgment of the superintendent of real	1530
estate and professional licensing, are appropriate to enforce this	1531
chapter. The investigators and auditors may review and audit the	1532
business records of licensees during normal business hours. The	1533
superintendent of real estate and professional licensing may	1534
utilize the investigators and auditors who are employed by the	1535
division of real estate and professional licensing for other	1536
related purposes.	1537

(10) Appoint a hearing examiner for any proceeding under	1538
section 4768.13 or 4768.14 of the Revised Code;	1539

(11) Make and transmit any reports, and collect and transmit	1540
any fees, that are required under section 1109(a) of the	1541
"Financial Institutions, Reform, Recovery, and Enforcement Act,"	1542
as amended, 12 U.S.C. 3338(a).	1543

(B) The superintendent of real estate and professional	1544
licensing may do any of the following:	1545

(1) In connection with investigations and audits under	1546
division (A)(8) of this section, subpoena witnesses as provided in	1547
section 4768.05 of the Revised Code;	1548

(2) Apply to the appropriate court to enjoin any violation of	1549
this chapter. Upon a showing by the superintendent of real estate	1550
and professional licensing that any person has violated or is	1551
about to violate this chapter, the court shall grant an	1552
injunction, restraining order, or other appropriate relief, or any	1553
combination thereof;	1554

(3) In conjunction with the enforcement of this chapter, when	1555
the superintendent of real estate and professional licensing has	1556
reasonable cause to believe that a licensee has committed a	1557
criminal offense, the superintendent of real estate and	1558
professional licensing may request the superintendent of the	1559
bureau of criminal identification and investigation to conduct a	1560
criminal records check of the licensee. The superintendent of the	1561
bureau of criminal identification and investigation shall obtain	1562
information from the federal bureau of investigation as part of	1563
the criminal records check of the licensee. The superintendent of	1564
real estate and professional licensing may assess the licensee a	1565
fee equal to the fee assessed for the criminal records check.	1566

(C)(1) The following information and documents are	1567
confidential and not public records under section 149.43 of the	1568
Revised Code:	1569

(a) All information that is obtained by investigators and	1570
auditors performing investigations or conducting inspections,	1571
audits, and other inquiries pursuant to divisions (A)(8) and (9)	1572
of this section;	1573

(b) All reports, documents, and other work products that	1574
arise from the information described in division (C)(1)(a) of this	1575
section and that are prepared by the investigators, auditors, or	1576
other personnel of the department of commerce.	1577

(2) The superintendent of real estate and professional	1578
licensing, the investigators and auditors, and other personnel of	1579
the department shall hold in confidence the information, reports,	1580
documents, and other work products described in division (C)(1) of	1581
this section.	1582

(3) Divisions (C)(1) and (2) of this section do not prevent	1583
the division from releasing information relating to licensees to	1584
the superintendent of financial institutions for purposes relating	1585
to the administration of sections 1322.01 to 1322.12 of the	1586
Revised Code, to the superintendent of insurance for purposes	1587
relating to the administration of Chapter 3953. of the Revised	1588
Code, to the attorney general, or to local law enforcement	1589
agencies and local prosecutors. Information released by the	1590
division pursuant to division (C)(3) of this section remains	1591
confidential.	1592

Sec. 4768.05.  The real estate appraiser board or the	1593
superintendent of real estate and professional licensing may	1594
compel, by order or subpoena, the attendance of witnesses to	1595
testify in relation to any matter over which the board or the	1596
superintendent has jurisdiction and that is the subject of the	1597
inquiry and investigation by the board or superintendent and may	1598
require the production of any book, paper, or document pertaining	1599
to such matter. For such purpose, the board or the superintendent	1600
has the same power as judges of county courts to administer oaths,	1601
compel the attendance of witnesses, and punish witnesses for	1602
refusal to testify. Service of the subpoena may be made by	1603
sheriffs or by certified mail, return receipt requested, and the	1604
subpoena shall be deemed served on the date delivery is made or	1605
the date the person refuses to accept delivery. Sheriffs or	1606
constables shall return such process and shall receive the same	1607
fees for doing so as are allowed for like service if service of	1608
the subpoena is made by sheriffs or constables. Witnesses shall	1609
receive, after their appearance before the board or the	1610
superintendent, the fees and mileage provided for under section	1611
119.094 of the Revised Code. If two or more witnesses travel	1612
together in the same vehicle, the mileage fee shall be paid to	1613
only one of those witnesses, but the witnesses may agree to divide	1614
the fee amongst themselves in any manner.	1615

If any person fails to file any statement or report, obey any	1616
subpoena, give testimony, answer questions, or produce books,	1617
records, or papers as required by the board or the superintendent	1618
under this chapter, the board or the superintendent may apply to	1619
the court of common pleas of any county in the state setting forth	1620
the failure. Upon receiving such an application, the court may	1621
make an order awarding process of subpoena or subpoena duces tecum	1622
for the person to appear and testify before the board or the	1623
superintendent; order any person to give testimony and answer	1624
questions; and order any person to produce books, records, or	1625
papers, as required by the board or the superintendent. Upon the	1626
filing of such an order in the office of the clerk of the court of	1627
common pleas, the clerk, under the seal of the court, shall issue	1628
process or subpoena each day until the examination of the person	1629
is completed. The subpoena may contain a direction that the	1630
witness bring to the examination any books, records, or papers	1631
described in the subpoena. The clerk also shall issue, under the	1632
seal of the court, such other orders, in reference to the	1633
examination, appearance, and production of books, records, or	1634
papers, as the court directs. If any person summoned by subpoena	1635
fails to obey the subpoena, to give testimony, to answer questions	1636
as required, or to obey an order of the court, the court, on	1637
motion supported by proof, may order an attachment for contempt to	1638
be issued against the person charged with disobedience of the	1639
order. If the person is brought before the court by virtue of the	1640
attachment, and if upon a hearing the disobedience appears, the	1641
court may order the offender to be committed and kept in close	1642
custody.	1643

Sec. 4768.06.  (A) To obtain an appraisal management company	1644
license, each applicant shall submit all of the following to the	1645
superintendent of real estate and professional licensing:	1646

(1) A completed application on a form the superintendent	1647
provides;	1648

(2) The name of a controlling person who will be the main	1649
contact between the appraisal management company and the division	1650
of real estate and professional licensing and the real estate	1651
appraiser board;	1652

(3) Payment of the fee established for initial licensure	1653
under division (A)(2) of section 4768.03 of the Revised Code;	1654

(4) A list of all owners and controlling persons of the	1655
appraisal management company;	1656

(5) A statement that each owner and controlling person of the	1657
appraisal management company satisfies the requirements set forth	1658
in divisions (B)(1) to (4) of this section;	1659

(6) A completed consent to service of process in this state;

1660

(7) A statement that the applicant understands the grounds	1661
for any disciplinary action that may be initiated under this	1662
chapter;	1663

(8) A letter of good standing from each state in which the	1664
appraisal management company holds an appraisal management company	1665
license, certificate, or registration;	1666

(9) A statement that the applicant acknowledges that a system	1667
or process must be in place to verify that any appraiser added to	1668
the appraisal management company's appraiser panel for the purpose	1669
of performing real estate appraisal services in this state holds a	1670
license or certificate under Chapter 4763. of the Revised Code and	1671
is in good standing with this state;	1672

(10) A statement that the applicant acknowledges that a	1673
system or process must be in place to review the work of	1674
appraisers who are performing real estate appraisal services for	1675
compliance with the uniform standards of professional appraisal	1676
practice;	1677

(11) A statement that the applicant acknowledges that each	1678
controlling person of the appraisal management company has	1679
successfully completed fifteen hours of uniform standards of	1680
professional appraisal practice and thereafter must complete seven	1681
hours of instruction in uniform standards of professional	1682
appraisal practice at least once every two years;	1683

(12) A statement that the applicant acknowledges that a	1684
system or process must be in place to disclose to its client the	1685
actual fees paid to an appraiser for appraisal services separately	1686
from any other fees or charges for appraisal management services;	1687

(13) A statement that the applicant acknowledges that a	1688
system or process must be in place to disclose the license,	1689
certificate, or registration number of the appraisal management	1690
company on each engagement letter used in assigning an appraisal	1691
request for real estate appraisal assignments within the state.	1692

(B) Each owner and controlling person of an appraisal	1693
management company shall satisfy all of the following criteria:	1694

(1) Be an individual who is at least eighteen years of age;

1695

(2) Have graduated the twelfth grade or received a	1696
certificate of high school equivalence as defined in section	1697
4109.06 of the Revised Code;	1698

(3) Be honest, truthful, and of good moral character;

1699

(4) Have not had a license, certificate, or registration to	1700
act as an appraiser that has been refused, denied, canceled,	1701
surrendered, or revoked in this state or in any other state;	1702

(5) Submit to a criminal records check in accordance with	1703
this section and any rule that the superintendent adopts under	1704
division (A)(1) of section 4768.03 of the Revised Code.	1705

(C) Upon receiving an application under this section, the	1706
superintendent shall request the superintendent of the bureau of	1707
criminal identification and investigation, or a vendor approved by	1708
the bureau, to conduct a criminal records check based on the	1709
fingerprint impressions of each owner and controlling person of	1710
the applicant in accordance with division (A)(15) of section	1711
109.572 of the Revised Code. Notwithstanding division (K) of	1712
section 121.08 of the Revised Code, the superintendent of real	1713
estate and professional licensing shall request that the	1714
superintendent of the bureau of criminal identification and	1715
investigation obtain criminal record information from the federal	1716
bureau of investigation be obtained as part of the criminal	1717
records check. Any fee required under division (C)(3) of section	1718
109.572 of the Revised Code shall be paid by the applicant.	1719

(D)(1) Subject to section 4768.08 of the Revised Code and	1720
except as provided in division (D)(2) of this section, the	1721
superintendent shall issue a license to the applicant if the	1722
applicant and each owner and controlling person of the applicant	1723
satisfies the requirements of this section.	1724

(2) The superintendent shall not issue a license to an	1725
applicant if any owner or controlling person of the applicant has	1726
been convicted of or pleaded guilty to a felony. However, if an	1727
owner or controlling person of the applicant has pleaded guilty to	1728
or been convicted of a felony, the superintendent shall not	1729
consider the conviction or plea if the person has proven to the	1730
superintendent, by a preponderance of the evidence, that the	1731
person's activities and employment record since the conviction or	1732
plea show that the person is honest, truthful, and of good moral	1733
character, and there is no basis in fact for believing that the	1734
person will commit a felony again.	1735

(E) A license issued under this section shall be valid for	1736
one year after the date of issue.	1737

Sec. 4768.07.  (A) An appraisal management company licensed	1738
under this chapter may obtain a renewal license by filing an	1739
annual renewal application with the superintendent of real estate	1740
and professional licensing and paying the renewal fee established	1741
under division (A)(2) of section 4768.03 of the Revised Code. The	1742
renewal application shall include a statement, signed by the	1743
licensee's controlling person, that states all of the following:	1744

(1) The licensee has a system or process in place to verify	1745
that any appraiser added to the appraisal management company's	1746
appraiser panel for the purpose of performing real estate	1747
appraiser services in this state holds a license or certificate	1748
under Chapter 4763. of the Revised Code and is in good standing	1749
with this state.	1750

(2) The licensee has a system or process in place to review	1751
the work of appraisers who are performing real estate appraisal	1752
services for compliance with the uniform standards of professional	1753
appraisal practice.	1754

(3) Each controlling person of the licensee has successfully	1755
completed an initial fifteen hours of uniform standards of	1756
professional appraisal practice and thereafter completes seven	1757
hours of instruction in uniform standards of professional	1758
appraisal practice at least once every two years.	1759

(4) The licensee has a system or process in place to disclose	1760
to its client the actual fees paid to an appraiser for appraisal	1761
services separately from any other fees or charges for appraisal	1762
management services;	1763

(5) The licensee has a system or process in place to disclose	1764
the license, certificate, or registration number of the appraisal	1765
management company on each engagement letter used in assigning an	1766
appraisal request for real estate appraisal assignments within the	1767
state;	1768

(6) Each owner and controlling person of the licensee	1769
continues to satisfy the requirements provided for under divisions	1770
(B)(1) to (4) of section 4768.06 of the Revised Code.	1771

(B) The licensee shall file the renewal application at least	1772
thirty days, but not earlier than one hundred twenty days, prior	1773
to expiration of the license. Subject to section 4768.08 of the	1774
Revised Code, the superintendent shall renew the license if the	1775
applicant has complied with division (A) of this section. Each	1776
license renewed under this section shall expire one year after the	1777
date of renewal.	1778

(C) A licensee who fails to renew a license prior to its	1779
expiration is ineligible to obtain a renewal license and shall	1780
comply with section 4768.06 of the Revised Code to regain	1781
licensure, except that a licensee may, within three months after	1782
the expiration of the license, renew the license without having to	1783
comply with section 4768.06 of the Revised Code by paying all the	1784
renewal fees and the late filing fee established under division	1785
(A)(2) of section 4768.03 of the Revised Code. A licensee who	1786
applies for late renewal of the licensee's license shall not	1787
engage in any activities permitted by the license being renewed	1788
during the three-month period following the license's normal	1789
expiration date until all renewal fees and the late filing fee	1790
have been paid.	1791

Sec. 4768.08.  The superintendent of real estate and	1792
professional licensing may refuse to issue a license to an	1793
applicant under this chapter based upon any act or omission for	1794
which a person, including a licensee, may be disciplined under	1795
division (K) of section 4768.13 of the Revised Code or may refuse	1796
to renew a license if the licensee has failed to comply with this	1797
chapter. If the superintendent refuses to issue or renew a license	1798
under this section, the superintendent shall notify the applicant	1799
or the licensee of the basis for the refusal. The notice shall	1800
comply with division (N) of section 4768.13 of the Revised Code,	1801
and the hearing shall be conducted in accordance with Chapter 119.	1802
of the Revised Code. An applicant or licensee may appeal the	1803
superintendent's decision to the real estate appraiser board,	1804
which shall provide the applicant or licensee with the opportunity	1805
to be heard in person or by counsel, or both. The decision and	1806
order of the board is final, subject to review in the manner	1807
provided in Chapter 119. of the Revised Code and appeal to the	1808
court of common pleas of Franklin county.	1809

Sec. 4768.09.  Except within the first thirty days after an	1810
appraiser is first added to the appraiser panel of an appraisal	1811
management company, an appraisal management company shall not	1812
remove the appraiser from its appraiser panel or otherwise refuse	1813
to assign requests for real estate appraisal services to the	1814
appraiser without first doing both of the following:	1815

(A) Notifying the appraiser in writing, by certified mail,	1816
return receipt requested, of the reasons the appraiser is being	1817
removed from the appraiser panel;	1818

(B) Providing the appraiser with an opportunity to respond to	1819
that notification, in writing, within thirty days after the	1820
appraisal management company mails the removal notification.	1821

Sec. 4768.10. (A) Each appraisal management company licensed	1822
under this chapter shall maintain all of the following items for a	1823
period of at least five years from the date the appraisal report	1824
is submitted to the client:	1825

(1) The original or true copy of every request relating to	1826
the report that the appraisal management company receives from the	1827
client;	1828

(2) The original or true copy of each request sent to an	1829
appraiser who is considered for the assignment;	1830

(3) Copies of the appraisal report and all versions of that	1831
report.	1832

(B) An appraisal management company shall include all of the	1833
following information in each appraisal work file:	1834

(1) The name and contact information of both the appraisal	1835
management company and the individual from the appraisal	1836
management company involved in ordering the appraisal;	1837

(2) The amount of any fee paid to the appraiser for each	1838
assignment included in the work file and the time and method of	1839
payment;	1840

(3) Details of all communications between the appraisal	1841
management company, the appraiser, and the client for each	1842
appraisal assignment included in the work file.	1843

Sec. 4768.11.  (A) No employee, director, officer, or agent	1844
of an appraisal management company licensed under this chapter	1845
shall influence or attempt to influence the development,	1846
reporting, or review of an appraisal through coercion, extortion,	1847
collusion, compensation, instruction, inducement, intimidation,	1848
bribery, or in any other manner, including the following:	1849

(1) Withholding or threatening to withhold timely payment for	1850
appraisal services rendered when the appraisal report or services	1851
rendered are provided in accordance with a contract between the	1852
parties;	1853

(2) Withholding or threatening to withhold future business	1854
for an appraiser, or demoting or threatening to demote an	1855
appraiser, or terminating the relationship with or threatening to	1856
terminate the relationship with an appraiser;	1857

(3) Expressly or impliedly promising future business,	1858
promotions, or increased compensation for an appraiser;	1859

(4) Conditioning the assignment of an appraisal or the	1860
payment of an appraisal fee, salary, or bonus, on the opinion,	1861
conclusion, or valuation to be reached by, or on a preliminary	1862
estimate or opinion requested from, an appraiser;	1863

(5) Requesting that an appraiser provide an estimated,	1864
predetermined, or desired valuation in an appraisal report, or	1865
provide estimated values or comparable sales at any time prior to	1866
the appraiser's completion of an appraisal;	1867

(6) Providing to an appraiser an anticipated, estimated,	1868
encouraged, or desired value for a subject property or a proposed	1869
or target amount to be loaned to the borrower, except that the	1870
employee, director, officer, or agent of an appraisal management	1871
company may provide the appraiser with a copy of the sales	1872
contract for purchase transactions;	1873

(7) Providing stock or other financial or nonfinancial	1874
benefits to an appraiser or any person related to the appraiser;	1875

(8) Any other act or practice that impairs, or attempts to	1876
impair, an appraiser's independence, objectivity, or impartiality;	1877

(9) Obtaining, using, or paying for a second or subsequent	1878
appraisal or ordering an automated valuation model in connection	1879
with a mortgage financing transaction, unless any of the following	1880
are true:	1881

(a) There is a reasonable basis to believe that the initial	1882
appraisal was flawed or tainted and such basis is clearly and	1883
appropriately noted in the loan file.	1884

(b) The appraisal or automated valuation model is done	1885
pursuant to a bona fide pre- or post-funding appraisal review or	1886
quality control process.	1887

(c) A second appraisal is required under state or federal	1888
law.	1889

(10) Allowing the removal of an appraiser from the appraisal	1890
management company's appraiser panel without prior written notice	1891
as required under section 4768.09 of the Revised Code;	1892

(11) Requiring an appraiser to indemnify the appraisal	1893
management company against liability, damages, losses, or claims	1894
other than those liabilities, damages, losses, or claims arising	1895
out of the services performed by the appraiser, including	1896
performance or nonperformance of the appraiser's duties and	1897
obligation, whether as a result of negligence or willful	1898
misconduct;	1899

(12) Requiring an appraiser to prepare an appraisal report if	1900
the appraiser has indicated to the appraisal management company	1901
that the appraiser does not have the necessary expertise for the	1902
specific geographic area;	1903

(13) Requiring an appraiser who has notified the appraisal	1904
management company and declined the assignment to prepare an	1905
appraisal under a time frame that the appraiser, in the	1906
appraiser's own professional judgment, believes does not afford	1907
the appraiser the ability to meet all the relevant legal and	1908
professional obligations.	1909

(B) Nothing in division (A) of this section shall be	1910
construed as prohibiting an appraisal management company from	1911
requesting that an appraiser do any of the following:	1912

(1) Consider additional, appropriate property information,	1913
including the consideration of additional comparable properties,	1914
to make or support an appraisal;	1915

(2) Provide further detail, substantiation, or explanation	1916
for the appraiser's value conclusion;	1917

(3) Correct objective factual errors in an appraisal report.

1918

(C) No appraisal management company shall alter, modify, or	1919
otherwise change a completed appraisal report submitted by an	1920
appraiser.	1921

(D) Each appraisal management company shall require that	1922
appraisals be conducted independently and free from inappropriate	1923
influence and coercion pursuant to the appraisal independence	1924
standards established under section 1639e of the "Truth in Lending	1925
Act," 15 U.S.C. 1631 et seq.	1926

Sec. 4768.12.  (A) An appraisal management company licensed	1927
under this chapter shall pay an appraiser for the completion of an	1928
appraisal within sixty days of the date on which the appraiser	1929
transmits or otherwise provides the completed appraisal to the	1930
appraisal management company or its assignees, except in cases of	1931
breach of contract or substandard performance of services.	1932

(B)(1) An appraisal management company licensed under this	1933
chapter shall compensate each appraiser who performs appraisal	1934
services for the appraisal management company at a rate that is	1935
customary and reasonable for appraisal services performed in the	1936
market area of the property being appraised. Evidence for the	1937
customary and reasonable rate may be established by objective	1938
third-party information, including government agency fee	1939
schedules, academic studies, and independent private sector	1940
surveys. Fee studies shall exclude assignments ordered by known	1941
appraisal management companies.	1942

(2) In the case of an appraisal involving a complex	1943
assignment, the customary and reasonable fee may reflect the	1944
increased time, difficulty, and scope of the work required for the	1945
appraisal, and may include an amount over and above the customary	1946
and reasonable fee for noncomplex assignments.	1947

Sec. 4768.13. (A) Within ten business days after a person	1948
files with the division of real estate and professional licensing	1949
a written complaint against a person licensed under this chapter	1950
or any other person, the superintendent of real estate and	1951
professional licensing shall acknowledge receipt of the complaint	1952
by sending notice to the person against whom the complaint is	1953
filed that includes a copy of the complaint. That notice and the	1954
acknowledgment to the complainant may state that an informal	1955
mediation meeting will be held with the complainant, the person	1956
against whom the complaint is filed, and an investigator from the	1957
investigation and audit section of the division, if the	1958
complainant and person both file a request for such a meeting	1959
within twenty calendar days after the acknowledgment and notice	1960
are mailed.	1961

(B) If the complainant and the person against whom the	1962
complaint is filed both file with the division requests for an	1963
informal mediation meeting, the superintendent shall notify the	1964
complainant and the person of the date, time, and place of the	1965
meeting by regular mail. If the complainant and the person reach	1966
an accommodation at an informal mediation meeting, the	1967
investigator shall report the accommodation to the superintendent,	1968
the complainant, and the person against whom the complaint is	1969
filed and the file shall be closed upon the superintendent	1970
receiving satisfactory notice that the accommodation agreement has	1971
been fulfilled.	1972

(C) If the complainant and the person against whom the	1973
complaint is filed fail to agree to an informal mediation meeting,	1974
fail to reach an accommodation agreement, or fail to fulfill an	1975
accommodation agreement, the superintendent shall assign the	1976
complaint to an investigator for an investigation into the conduct	1977
of the person against whom the complaint is filed.	1978

(D) Upon the conclusion of the investigation, the	1979
investigator shall file a written report of the results of the	1980
investigation with the superintendent. The superintendent shall	1981
review the report and determine whether there exists reasonable	1982
and substantial evidence to justify disciplinary action against	1983
the person on a ground described in division (K) of this section.	1984

(E) If the superintendent finds that reasonable and	1985
substantial evidence to justify disciplinary action against the	1986
person on a ground described in division (K) of this section does	1987
not exist, the superintendent shall notify that person and the	1988
complainant of that determination and the basis for the	1989
determination. Within fifteen business days after the	1990
superintendent notifies the complainant and the person against	1991
whom the complaint is filed of that determination, the complainant	1992
may file with the division a request that the real estate	1993
appraiser board review the determination. If the complainant files	1994
such request, the board shall review the superintendent's	1995
determination at the next regularly scheduled meeting held at	1996
least fifteen business days after the request is filed but not	1997
longer than six months after the request is filed. The board may	1998
hear the testimony of the complainant or the person against whom	1999
the complaint is filed at the meeting upon the request of that	2000
party. If the board affirms the determination of the	2001
superintendent, the superintendent shall notify the complainant	2002
and the person against whom the complaint is filed within ten	2003
business days thereafter. If the board reverses the determination	2004
of the superintendent, a hearing before a hearing examiner shall	2005
be held, and the complainant and the person against whom the	2006
complaint is filed shall be notified as provided in division (N)	2007
of this section.	2008

(F) If the superintendent finds that reasonable and	2009
substantial evidence to justify disciplinary action against the	2010
person on a ground described in division (K) of this section does	2011
exist, the superintendent shall notify that person and the	2012
complainant of the determination. The person against whom the	2013
complaint is filed may request a hearing pursuant to Chapter 119.	2014
of the Revised Code. If a formal hearing is to be conducted, the	2015
superintendent shall appoint a hearing examiner to conduct the	2016
hearing in accordance with that chapter.	2017

(G) In accordance with section 119.09 of the Revised Code,	2018
after conducting a hearing, the hearing examiner shall submit a	2019
report of findings of fact and conclusions of law with the	2020
superintendent, the board, the complainant, and the person against	2021
whom the complaint is filed. Within ten calendar days of receipt	2022
of the copy of the hearing examiner's report, the person against	2023
whom the complaint is filed and the division may file with the	2024
board objections to the hearing examiner's report, which shall be	2025
considered by the board before approving, modifying, or rejecting	2026
the hearing examiner's report. The board may hear the testimony of	2027
the complainant and the person against whom the complaint is filed	2028
upon request of those parties.	2029

(H) At any time after the superintendent notifies a person	2030
against whom the complaint is filed of the superintendent's	2031
determination in accordance with division (F) of this section but	2032
before a hearing is held on the matter, the person may apply to	2033
the superintendent to enter into a settlement agreement regarding	2034
the alleged violation. The superintendent and the person shall	2035
comply with the requirements for settlement agreements established	2036
by rules adopted by the board under division (A)(3) of section	2037
4768.03 of the Revised Code. If the parties enter into the	2038
settlement agreement, the hearing before the hearing examiner	2039
shall be postponed, and the board shall review the settlement	2040
agreement at its next regularly scheduled meeting. If the board	2041
disapproves the settlement agreement, the hearing before the	2042
hearing examiner shall be rescheduled.	2043

(I) If, after review of the hearing examiner's report or the	2044
settlement agreement, the board determines that a ground for	2045
disciplinary action that is described in division (K) of this	2046
section exists against a person, the board shall order the	2047
disciplinary action the board considers appropriate, which may	2048
include any of the following:	2049

(1) Reprimand of the person, if licensed under this chapter;

2050

(2) Imposition of a fine, not exceeding twenty-five thousand	2051
dollars per violation;	2052

(3) Suspension of a license issued under this chapter for a	2053
specific period of time;	2054

(4) Revocation of a license issued under this chapter.

2055

If the board approved a settlement agreement entered into	2056
pursuant to division (H) of this section in relation to the ground	2057
for disciplinary action, the disciplinary action shall not be	2058
inconsistent with that settlement agreement.	2059

(J) The decision and order of the board is final, subject to	2060
review in the manner provided for in Chapter 119. of the Revised	2061
Code and appeal to the court of common pleas of Franklin county.	2062

(K) The board shall take any disciplinary action authorized	2063
by division (I) of this section against any person, including an	2064
appraisal management company licensed under this chapter, to which	2065
any of the following grounds apply:	2066

(1) The person procured or attempted to procure a license	2067
under this chapter by knowingly making a false statement,	2068
submitting false information, refusing to provide complete	2069
information in response to a question in an application for	2070
licensure, or by any means of fraud or misrepresentation.	2071

(2) The person paid, or attempted to pay, anything of value,	2072
other than the fees or assessments required by this chapter, to	2073
any member or employee of the board for the purpose of procuring a	2074
license under this chapter.	2075

(3) The person offered, performed, or otherwise provided	2076
appraisal management services, without a license issued under this	2077
chapter, under a business structure that was designed to	2078
circumvent the requirements and prohibitions of this chapter;	2079

(4) The person violated section 4768.09 of the Revised Code.

2080

(5) The person violated section 4768.11 of the Revised Code.

2081

(6) The person violated section 4768.12 of the Revised Code.

2082

(7) The person failed to provide copies of records to the	2083
superintendent as required under this chapter or failed to	2084
maintain records, or include certain information in the appraisal	2085
work file, as required under section 4768.10 of the Revised Code.	2086

(8) Entry of final judgment exists against a person licensed	2087
under this chapter on the grounds of fraud, deceit,	2088
misrepresentation, or coercion in the making of any appraisal of	2089
real estate.	2090

(9) The person failed to provide notice to the board as	2091
required in division (M) of this section.	2092

(10) The person failed to assist the superintendent in the	2093
investigation of complaints under division (A)(8) of section	2094
4768.04 of the Revised Code.	2095

(11) The license, certificate, or registration of the	2096
appraisal management company that was issued by another state was	2097
revoked or surrendered.	2098

(12) If the person is an appraisal management company	2099
licensed under this chapter, the person failed to provide written	2100
notice to the division within fifteen days of changing the	2101
controlling person who is designated as the appraisal management	2102
company's main contact under division (A)(2) of section 4768.06 of	2103
the Revised Code.	2104

(13) If the person is an appraisal management company	2105
licensed under this chapter, the person entered into a contract or	2106
an agreement with an appraiser who is not licensed or certified	2107
under Chapter 4763. of the Revised Code for the performance of	2108
real estate appraisal services.	2109

(14) If the person is an appraisal management company	2110
licensed under this chapter, the person failed to verify that an	2111
appraiser added to the appraisal management company's appraiser	2112
panel is a licensed or certified appraiser under Chapter 4763. of	2113
the Revised Code who is in good standing with this state.	2114

(15) If the person is an appraisal management company	2115
licensed under this chapter, the person failed to require that	2116
appraisals coordinated by the appraisal management company comply	2117
with the uniform standards of professional appraisal practice.	2118

(16) An owner or controlling person of an appraisal	2119
management company was convicted of or pleaded guilty to a felony.	2120

(L) Failure of a person, including a licensee under this	2121
chapter, to comply with a subpoena issued under division (B)(1) of	2122
section 4768.04 of the Revised Code is prima-facie evidence of a	2123
violation of division (K)(6) of this section.	2124

(M) A licensee shall notify the board within fifteen days of	2125
any state agency's issuance of an order revoking or permanently	2126
surrendering any professional appraisal management company	2127
license, certificate, or registration issued by any public entity	2128
other than the division.	2129

(N) Except as otherwise provided, all notices, written	2130
reports, and determinations issued pursuant to this section shall	2131
be mailed via certified mail, return receipt requested. If the	2132
notice, written report, or determination is returned because of	2133
failure of delivery or was unclaimed, the notice, written report,	2134
or determination shall be deemed served if the superintendent	2135
sends the notice, written report, or determination via regular	2136
mail and obtains a certificate of mailing of the notice, written	2137
report, or determination. Refusal of delivery by personal service	2138
or by mail is not failure of delivery and service is deemed to be	2139
complete.	2140

Sec. 4768.14.  (A) Upon receipt of a written complaint or	2141
upon the superintendent of real estate and professional	2142
licensing's own motion, the superintendent may investigate any	2143
person that allegedly violated division (A)(1) of section 4768.02	2144
of the Revised Code.	2145

(B) If, after investigation, the superintendent determines	2146
there exists reasonable evidence of a violation of division (A)(1)	2147
of section 4768.02 of the Revised Code, within fourteen business	2148
days after that determination, the superintendent shall send the	2149
party who is the subject of the investigation a written notice, by	2150
regular mail, that includes all of the following information:	2151

(1) A description of the activity in which the party	2152
allegedly is engaging or has engaged that is a violation of	2153
division (A)(1) of section 4768.02 of the Revised Code;	2154

(2) The applicable law allegedly violated;

2155

(3) A statement informing the party that a hearing concerning	2156
the alleged violation will be held before a hearing examiner, and	2157
a statement giving the date and place of that hearing;	2158

(4) A statement informing the party that the party or the	2159
party's attorney may appear in person at the hearing and present	2160
evidence and examine witnesses appearing for and against the	2161
party, or the party may submit written testimony stating any	2162
positions, arguments, or contentions.	2163

(C) At any time after the superintendent notifies a person of	2164
the superintendent's determination in accordance with division (B)	2165
of this section but before a hearing is held on the matter, the	2166
person may apply to the superintendent to enter into a settlement	2167
agreement regarding the alleged violation. The superintendent and	2168
the person shall comply with the requirements for settlement	2169
agreements established by rules adopted by the board under	2170
division (A)(3) of section 4768.03 of the Revised Code. If the	2171
parties enter into the settlement agreement, the hearing before	2172
the hearing examiner shall be postponed and the board shall review	2173
the settlement agreement at its next regularly scheduled meeting.	2174
If the board disapproves the settlement agreement, the hearing	2175
before the hearing examiner shall be rescheduled.	2176

(D) The hearing examiner shall hear the testimony of all	2177
parties present at the hearing and consider any written testimony	2178
submitted pursuant to division (B)(4) of this section. At the	2179
conclusion of the hearing, the hearing examiner shall determine if	2180
there has been a violation of division (A)(1) of section 4768.02	2181
of the Revised Code.	2182

(E) After the conclusion of formal hearings, the hearing	2183
examiner shall file with the superintendent, the real estate	2184
appraiser board, the complainant, and the parties a written report	2185
setting forth the examiner's findings of fact and conclusions of	2186
law and a recommendation of the action to be taken by the	2187
superintendent. Within ten days of receiving a copy of that	2188
report, the parties and the division of real estate and	2189
professional licensing may file with the board written objections	2190
to the report. The board shall consider the objections before	2191
approving, modifying, or disapproving the report.	2192

The board shall review the hearing examiner's report at the	2193
next regularly scheduled board meeting held at least fifteen	2194
business days after receipt of the hearing examiner's report. The	2195
board shall hear the testimony of the complainant or the parties.	2196

(F) After reviewing the hearing examiner's report pursuant to	2197
division (E) of this section, or after reviewing the settlement	2198
agreement pursuant to division (C) of this section, the board	2199
shall decide whether to impose sanctions upon a party for a	2200
violation of division (A)(1) of section 4768.02 of the Revised	2201
Code. The board may assess a civil penalty in an amount it	2202
determines, not to exceed one thousand dollars per violation. Each	2203
day a violation occurs or continues is a separate violation. The	2204
board shall determine the terms of payment. The board shall	2205
maintain a transcript of the proceedings of the hearing and issue	2206
a written opinion to all parties, citing its findings and grounds	2207
for any action taken. If the board approved a settlement agreement	2208
entered into pursuant to division (C) of this section in relation	2209
to the violation, the civil penalty shall not be inconsistent with	2210
that settlement agreement.	2211

(G) Civil penalties collected under this section shall be	2212
deposited in the real estate appraiser operating fund created	2213
under section 4763.15 of the Revised Code.	2214

(H) If a party fails to pay a civil penalty assessed pursuant	2215
to this section within the time prescribed by the board, the	2216
superintendent shall forward to the attorney general the name of	2217
the party and the amount of the civil penalty, for the purpose of	2218
collecting that civil penalty. The party shall pay any fee	2219
assessed by the attorney general for collection of the civil	2220
penalty in addition to the civil penalty assessed pursuant to this	2221
section.	2222

Sec. 4768.15.  The superintendent of real estate and	2223
professional licensing shall deposit all moneys collected under	2224
this chapter into the state treasury to the credit of the real	2225
estate appraiser operating fund created under section 4763.15 of	2226
the Revised Code.	2227

Sec. 4768.99.  (A) Whoever violates division (A)(1), (2),	2228
(3), (4), (5), (6), (7), (8), or (9) or division (C) of section	2229
4768.11 of the Revised Code is guilty of a felony of the fifth	2230
degree.	2231

(B) Whoever violates division (A)(10), (11), (12), or (13) of	2232
section 4768.11 of the Revised Code is guilty of a misdemeanor of	2233
the first degree.	2234

Section 2. That existing sections 109.572, 4763.01, 4763.02	2235
4763.05, 4763.08, 4763.11, 4763.12, 4763.13, 4763.14, 4763.15,	2236
4763.17, and 4763.19 of the Revised Code are hereby repealed.	2237

Section 3. Nothing in this act shall affect the term of any	2238
member of the Real Estate Appraiser Board serving on the effective	2239
date of this act.	2240

Section 4. Division (A) of section 4768.02 of the Revised	2241
Code, as enacted by this act, takes effect ninety days after the	2242
effective date of this act.	2243

Section 5. Division (A)(11) of section 4768.11 of the Revised	2244
Code as enacted by this act, applies to contracts entered into on or after the	2245
effective date of this act.	2246