2006 Ohio Revised Code - [4735.05.2] 4735.052.Civil penalty for operating without license.

[§ 4735.05.2] § 4735.052. Civil penalty for operating without license.
 

(A)  Upon receipt of a written complaint or upon the superintendent's own motion, the superintendent may investigate any person that has allegedly violated section 4735.02 or 4735.25 of the Revised Code, except that the superintendent shall not initiate an investigation, pursuant to this section, of any person who held a valid license under this chapter any time during the twelve months preceding the date of the alleged violation. 

(B)  If, after investigation, the superintendent determines there exists reasonable evidence of a violation of section 4735.02 or 4735.25 of the Revised Code, within seven business days after that determination, the superintendent shall send the party who is the subject of the investigation, a written notice, by regular mail, that includes all of the following information: 

(1) A description of the activity in which the party allegedly is engaging or has engaged that is a violation of section 4735.02 or 4735.25 of the Revised Code; 

(2) The applicable law allegedly violated; 

(3) A statement informing the party that a hearing concerning the alleged violation will be held at the next regularly scheduled meeting of the Ohio real estate commission, and a statement giving the date and place of that meeting; 

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

(C)  The commission shall hear the testimony of all parties present at the hearing and consider any written testimony submitted pursuant to division (B)(4) of this section, and determine if there has been a violation of section 4735.02 or 4735.25 of the Revised Code. If the commission finds that a violation has occurred, the commission may assess a civil penalty, in an amount it determines, not to exceed one thousand dollars per violation. Each day a violation occurs or continues is a separate violation. The commission shall determine the terms of payment. The commission shall maintain a transcript of the proceedings of the hearing and issue a written opinion to all parties, citing its findings and grounds for any action taken. 

(D)  Civil penalties collected under this section shall be deposited in the real estate recovery fund, which is created in the state treasury under section 4735.12 of the Revised Code. 

(E)  If a party fails to pay a civil penalty assessed pursuant to this section within the time prescribed by the commission, the superintendent shall forward to the attorney general the name of the party and the amount of the civil penalty, for the purpose of collecting that civil penalty. In addition to the civil penalty assessed pursuant to this section, the party also shall pay any fee assessed by the attorney general for collection of the civil penalty. 
 

HISTORY: 149 v H 272. Eff 4-5-2002.