2006 Ohio Revised Code - 4735.09. Application for salesperson\'s license; fee; examination; qualifications.

§ 4735.09. Application for salesperson's license; fee; examination; qualifications.
 

(A)  Application for a license as a real estate salesperson shall be made to the superintendent of real estate on forms furnished by the superintendent and signed by the applicant. The application shall be in the form prescribed by the superintendent and shall contain such information as is required by this chapter and the rules of the Ohio real estate commission. The application shall be accompanied by the recommendation of the real estate broker with whom the applicant is associated or with whom the applicant intends to be associated, certifying that the applicant is honest, truthful, and of good reputation, has not been convicted of a felony or a crime involving moral turpitude, and has not been finally adjudged by a court to have violated any municipal, state, or federal civil rights laws relevant to the protection of purchasers or sellers of real estate, which conviction or adjudication the applicant has not disclosed to the superintendent, and recommending that the applicant be admitted to the real estate salesperson examination. 

(B)  A fee of forty-nine dollars shall accompany the application, which fee includes the fee for the initial year of the licensing period, if a license is issued. The application fee shall be retained by the superintendent if the applicant is admitted to the examination for the license or the examination requirement is waived, but, if an applicant is not so admitted and a waiver is not involved, one-half of the fee shall be retained by the superintendent to cover the expenses of processing the application and the other one-half shall be returned to the applicant. A fee of forty-nine dollars shall be charged by the superintendent for each successive application made by the applicant. Four dollars of each application fee shall be credited to the real estate education and research fund. 

(C)  There shall be no limit placed on the number of times an applicant may retake the examination. 

(D)  The superintendent, with the consent of the commission, may enter into an agreement with a recognized national testing service to administer the real estate salesperson's examination under the superintendent's supervision and control, consistent with the requirements of this chapter as to the contents of the examination. 
 

If the superintendent, with the consent of the commission, enters into an agreement with a national testing service to administer the real estate salesperson's examination, the superintendent may require an applicant to pay the testing service's examination fee directly to the testing service. If the superintendent requires the payment of the examination fee directly to the testing service, each applicant shall submit to the superintendent a processing fee in an amount determined by the Ohio real estate commission pursuant to division (A)(1) of section 4735.10 of the Revised Code. 

(E)  The superintendent shall issue a real estate salesperson's license when satisfied that the applicant has received a passing score on each portion of the salesperson's examination as determined by rule by the real estate commission, except that the superintendent may waive one or more of the requirements of this section in the case of an applicant who is a licensed real estate salesperson in another state pursuant to a reciprocity agreement with the licensing authority of the state from which the applicant holds a valid real estate salesperson's license. 

(F)  No applicant for a salesperson's license shall take the salesperson's examination who has not established to the satisfaction of the superintendent that the applicant: 

(1) Is honest, truthful, and of good reputation; 

(2) (a) Has not been convicted of a felony or crime of moral turpitude or, if the applicant has been so convicted, the superintendent has disregarded the conviction because the applicant has proven to the superintendent, by a preponderance of the evidence, that the applicant's activities and employment record since the conviction show that the applicant is honest, truthful, and of good reputation, and there is no basis in fact for believing that the applicant again will violate the laws involved; 

(b) Has not been finally adjudged by a court to have violated any municipal, state, or federal civil rights laws relevant to the protection of purchasers or sellers of real estate or, if the applicant has been so adjudged, at least two years have passed since the court decision and the superintendent has disregarded the adjudication because the applicant has proven, by a preponderance of the evidence, that the applicant is honest, truthful, and of good reputation, and there is no basis in fact for believing that the applicant again will violate the laws involved. 

(3) Has not, during any period in which the applicant was licensed under this chapter, violated any provision of, or any rule adopted pursuant to this chapter, or, if the applicant has violated such provision or rule, has established to the satisfaction of the superintendent that the applicant will not again violate such provision or rule; 

(4) Is at least eighteen years of age; 

(5) If born after the year 1950, has a high school diploma or its equivalent as recognized by the state department of education; 

(6) (a) If beginning instruction prior to August 1, 2001, has successfully completed at an institution of higher education all of the following: 

(i) Thirty hours of classroom instruction in real estate practice; 

(ii) Thirty hours of classroom instruction that includes the subjects of Ohio real estate law, municipal, state, and federal civil rights law, new case law on housing discrimination, desegregation issues, and methods of eliminating the effects of prior discrimination. If feasible, the classroom instruction in Ohio real estate law shall be taught by a member of the faculty of an accredited law school. If feasible, the classroom instruction in municipal, state, and federal civil rights law, new case law on housing discrimination, desegregation issues, and methods of eliminating the effects of prior discrimination shall be taught by a staff member of the Ohio civil rights commission who is knowledgeable with respect to those subjects. The requirements of this division do not apply to an applicant who is admitted to practice before the supreme court. 

(iii) Thirty hours of classroom instruction in real estate appraisal; 

(iv) Thirty hours of classroom instruction in real estate finance. 

(b) Any person who has not been licensed as a real estate salesperson or broker within a four-year period immediately preceding the person's current application for the salesperson's examination shall have successfully completed the classroom instruction required by division (F)(6)(a) of this section within a ten-year period immediately preceding the person's current application for the salesperson's examination. 

(7) If beginning instruction, as determined by the superintendent, on or after August 1, 2001, has successfully completed at an institution of higher education all of the following: 

(a) Forty hours of classroom instruction in real estate practice; 

(b) Forty hours of classroom instruction that includes the subjects of Ohio real estate law, municipal, state, and federal civil rights law, new case law on housing discrimination, desegregation issues, and methods of eliminating the effects of prior discrimination. If feasible, the classroom instruction in Ohio real estate law shall be taught by a member of the faculty of an accredited law school. If feasible, the classroom instruction in municipal, state, and federal civil rights law, new case law on housing discrimination, desegregation issues, and methods of eliminating the effects of prior discrimination shall be taught by a staff member of the Ohio civil rights commission who is knowledgeable with respect to those subjects. The requirements of this division do not apply to an applicant who is admitted to practice before the supreme court. 

(c) Twenty hours of classroom instruction in real estate appraisal; 

(d) Twenty hours of classroom instruction in real estate finance. 

(G)  No later than twelve months after the date of issue of a real estate salesperson license to a licensee, the licensee shall submit proof satisfactory to the superintendent, on forms made available by the superintendent, of completion, at an institution of higher education or any other institution approved by the commission, of ten hours of classroom instruction in real estate courses that cover current issues regarding consumers, real estate practice, ethics, and real estate law. 
 

If proof of completion of the required instruction is not submitted within twelve months of the date a license is issued under this section, the licensee's license is suspended automatically without the taking of any action by the superintendent. The superintendent immediately shall notify the broker with whom such salesperson is associated of the suspension of the salesperson's license. A salesperson whose license has been suspended under this division shall have twelve months after the date of the suspension of the salesperson's license to submit proof of successful completion of the instruction required under this division. No such license shall be reactivated by the superintendent until it is established, to the satisfaction of the superintendent, that the requirements of this division have been met and that the licensee is in compliance with this chapter. A licensee's license is revoked automatically without the taking of any action by the superintendent when the licensee fails to submit the required proof of completion of the education requirements under division (G) of this section within twelve months of the date the license is suspended. 

(H)  Examinations shall be administered with reasonable accommodations in accordance with the requirements of the "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12101. The contents of an examination shall be consistent with the classroom instructional requirements of division (F)(6) or (7) of this section. An applicant who has completed the classroom instructional requirements of division (F)(6) or (7) of this section at the time of application shall be examined no later than twelve months after the applicant is notified of the applicant's admission to the examination. 
 

HISTORY: GC § 6373-32; 111 v 392, § 8; 118 v 489; 122 v 561; 124 v 480; Bureau of Code Revision, 10-1-53; 126 v 378 (Eff 9-20-55); 129 v 1091 (Eff 10-16-61); 132 v S 145 (Eff 9-20-67); 133 v H 1 (Eff 3-18-69); 134 v H 132 (Eff 10-12-71); 135 v S 1 (Eff 1-1-74); 135 v H 1000 (Eff 9-19-73); 135 v H 1199 (Eff 3-4-75); 137 v S 221 (Eff 11-23-77); 137 v H 935 (Eff 10-23-78); 138 v H 347 (Eff 11-7-79); 139 v S 63 (Eff 8-25-81); 139 v H 694 (Eff 11-15-81); 141 v H 82 (Eff 9-11-85); 141 v H 201 (Eff 7-1-85); 141 v H 428 (Eff 12-23-86); 142 v H 470, § 1 (Eff 1-4-88); 142 v H 470, § 4 (Eff 1-1-90); 143 v S 202, § 1 (Eff 7-26-89); 143 v S 202, § 3 (Eff 1-1-90); 146 v H 117 (Eff 6-30-95); 148 v H 283 (Eff 9-29-99); 148 v H 524 (Eff 9-22-2000); 149 v H 272. Eff 4-5-2002; 150 v S 106, § 1, eff. 11-5-04.
 

See provisions, § 3 of HB 524 (148 v  - ) following RC § 4735.14.1. 

 

Effect of Amendments

150 v S 106, effective November 5, 2004, deleted the second to last sentence in (B), relating to issuance of a three year license.