2006 Ohio Revised Code - [4735.14.1] 4735.141.Continuing education requirements; license suspension or revocation for noncompliance.

[§ 4735.14.1] § 4735.141. Continuing education requirements; license suspension or revocation for noncompliance.
 

(A)  Except as otherwise provided in this division, each person licensed under section 4735.07 or 4735.09 of the Revised Code shall submit proof satisfactory to the superintendent of real estate that the licensee has satisfactorily completed thirty hours of continuing education, as prescribed by the Ohio real estate commission pursuant to section 4735.10 of the Revised Code, on or before the licensee's birthday occurring three years after the licensee's date of initial licensure, and on or before the licensee's birthday every three years thereafter. 
 

Persons licensed as real estate salespersons who subsequently become licensed real estate brokers shall continue to submit proof of continuing education in accordance with the time period established in this section. 
 

The requirements of this section shall not apply to any physically handicapped licensee as provided in division (E) of this section. 
 

Each licensee who is seventy years of age or older, within a continuing education reporting period, shall submit proof satisfactory to the superintendent of real estate that the licensee has satisfactorily completed a total of nine classroom hours of continuing education, including instruction in Ohio real estate law; recently enacted state and federal laws affecting the real estate industry; municipal, state, and federal civil rights law; and canons of ethics for the real estate industry as adopted by the commission. The required proof of completion shall be submitted on or before the licensee's birthday that falls in the third year of that continuing education reporting period. A licensee who is seventy years of age or older whose license is in an inactive status is exempt from the continuing education requirements specified in this section. The commission shall adopt reasonable rules in accordance with Chapter 119. of the Revised Code to carry out the purposes of this paragraph. 
 

A person providing any course of continuing education may administer examinations to licensees for the purpose of evaluating the effectiveness of the course, but passage of an examination by a licensee shall not be a condition for successful completion of the continuing education requirements of this section. 

(B)  The continuing education requirements of this section shall be completed in schools, seminars, and educational institutions approved by the commission. Such approval shall be given according to rules established by the commission under the procedures of Chapter 119. of the Revised Code, and shall not be limited to institutions providing two-year or four-year degrees. Each school, seminar, or educational institution approved under this division shall be open to all licensees on an equal basis. 

(C)  If the requirements of this section are not met by a licensee within the period specified, the licensee's license shall be suspended automatically without the taking of any action by the superintendent. The superintendent shall notify the licensee of the license suspension. Any license so suspended shall remain suspended until it is reactivated by the superintendent. No such license shall be reactivated until it is established, to the satisfaction of the superintendent, that the requirements of this section have been met. If the requirements of this section are not met within twelve months from the date the license was suspended, the license shall be revoked automatically without the taking of any action by the superintendent. 

(D)  If the license of a real estate broker is suspended pursuant to division (C) of this section, the license of a real estate salesperson associated with that broker correspondingly is suspended pursuant to division (H) of section 4735.20 of the Revised Code. However, the suspended license of the associated real estate salesperson shall be reactivated and no fee shall be charged or collected for that reactivation if all of the following occur: 

(1) That broker subsequently submits proof to the superintendent that the broker has complied with the requirements of this section and requests that the broker's license as a real estate broker be reactivated. 

(2) The superintendent then reactivates the broker's license as a real estate broker. 

(3) The associated real estate salesperson intends to continue to be associated with that broker, has complied with the requirements of this section, and otherwise is in compliance with this chapter. 

Any person whose license is reactivated pursuant to this division shall submit proof satisfactory to the superintendent that the person has completed thirty hours of continuing education, as prescribed by the Ohio real estate commission, on or before the third year following the licensee's birthday occurring immediately after reactivation. 

(E)  Any licensee who is a physically handicapped licensee at any time during the last three months of the third year of the licensee's continuing education reporting period may receive an extension of time to submit proof to the superintendent that the licensee has satisfactorily completed the required thirty hours of continuing education. To receive an extension of time, the licensee shall submit a request to the division of real estate for the extension and proof satisfactory to the commission that the licensee was a physically handicapped licensee at some time during the last three months of the three-year reporting period. The proof shall include, but is not limited to, a signed statement by the licensee's attending physician describing the physical disability, certifying that the licensee's disability is of such a nature as to prevent the licensee from attending any instruction lasting at least three hours in duration, and stating the expected duration of the physical disability. The licensee shall request the extension and provide the physician's statement to the division no later than one month prior to the end of the licensee's three-year continuing education reporting period, unless the physical disability did not arise until the last month of the three-year reporting period, in which event the licensee shall request the extension and provide the physician's statement as soon as practical after the occurrence of the physical disability. A licensee granted an extension pursuant to this division who is no longer a physically handicapped licensee and who submits proof of completion of the continuing education during the extension period, shall submit, for future continuing education reporting periods, proof of completion of the continuing education requirements according to the schedule established in division (A) of this section. 
 

HISTORY: 138 v H 347 (Eff 11-7-79); 141 v H 82 (Eff 9-11-85); 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 354 (Eff 6-13-96); 148 v H 283 (Eff 9-29-99); 148 v H 18 (Eff 10-20-99); 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.
 

The provisions of § 3 of HB 524 (148 v  - ) read as follows: 

SECTION 3. Notwithstanding section 4735.141 of the Revised Code as amended by this act, all persons licensed under sections 4735.07 and 4735.09 of the Revised Code before January 1, 2001, shall submit proof satisfactory to the Superintendent of Real Estate that the licensee has satisfactoirly completed continuing education, as prescribed by the Ohio Real Estate Commission pursuant to section 4735.10 of the Revised Code and as to the number of hours required under section 4735.141 of the Revised Code, as that section existed prior to this act, in accordance  with the appropriate time period, as follows: 

(A) For continuing education that, under section 4735.141 of the Revised Code, as it existed prior to this act, would have been due in the year 2001, on or before the licensee's birthday in the year 2002, and on or before the licensee's birthday every three years thereafter; 

(B) For continuing education that, under section 4735.141 of the Revised Code, as it existed prior to this act, would have been due in the year 2002, on or before the licensee's birthday in the year 2003, and on or before the licensee's birthday every three years thereafter; 

(C) For continuing education that, under section 4735.141 of the Revised Code, as it exited prior to this act, would have been due in the year 2003, on or before the licensee's birthday in the year 2004, and on or before the licensee's birthday every three years thereafter. 

 

Effect of Amendments

150 v S 106, effective November 5, 2004, in the fourth paragraph of (A), substituted "within a continuing education reporting period" for "on June 14, 1999", deleted "on or before the licensee's birthday occurring three years after June 30, 1999, and on or before the licensee's birthday every three years thereafter" preceding "proof satisfactory", and inserted the third to last sentence.