Ohio Code 4763.03 – Duties of board
(A) In addition to any other duties imposed on the real estate appraiser board under this chapter, the board shall:
Terms Used In Ohio Code 4763.03
- Appraisal: A determination of property value.
- appraisal: means the act or process of developing an opinion of value of real property in conformity with the uniform standards of professional appraisal practice. See Ohio Code 4763.01
- Appraisal foundation: means a nonprofit corporation incorporated under the laws of the state of Illinois on November 30, 1987, for the purposes of establishing and improving uniform appraisal standards by defining, issuing, and promoting those standards; establishing appropriate criteria for the certification and recertification of qualified appraisers by defining, issuing, and promoting the qualification criteria and disseminating the qualification criteria to others; and developing or assisting in development of appropriate examinations for qualified appraisers. See Ohio Code 4763.01
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Rule: includes regulation. See Ohio Code 1.59
- Subpoena: A command to a witness to appear and give testimony.
- superintendent of real estate: means the superintendent of the division of real estate and professional licensing of this state. See Ohio Code 4763.01
(1) Adopt rules, in accordance with Chapter 119 of the Revised Code, in furtherance of this chapter, including, but not limited to, all of the following:
(a) Defining, with respect to state-certified general real estate appraisers, state-certified residential real estate appraisers, and state-licensed residential real estate appraisers, the type of educational experience, appraisal experience, and other equivalent experience that satisfy the requirements of this chapter. The rules shall require that all appraisal experience performed after January 30, 1989, meet the uniform standards of professional practice established by the appraisal foundation.
(b) Establishing the examination specifications for state-certified general real estate appraisers, state-certified residential real estate appraisers, and state-licensed residential real estate appraisers;
(c) Relating to disciplinary proceedings conducted in accordance with section 4763.11 of the Revised Code, including rules governing the reinstatement of certificates, registrations, and licenses that have been suspended pursuant to those proceedings;
(d) Identifying any additional information to be included on the forms specified in division (C) of section 4763.12 of the Revised Code, provided that the rules shall not require any less information than is required in that division;
(e) Establishing the fees set forth in section 4763.09 of the Revised Code;
(f) Establishing the amount of the assessment required by division (A)(2) of section 4763.05 of the Revised Code. The board annually shall determine the amount due from each applicant for an initial certificate, registration, and license in an amount that will maintain the real estate appraiser recovery fund at the level specified in division (A) of section 4763.16 of the Revised Code. The board may, if the fund falls below that amount, require current certificate holders, registrants, and licensees to pay an additional assessment.
(g) Defining the educational requirements pursuant to division (C) of section 4763.05 of the Revised Code;
(h) Establishing a real estate appraiser assistant program for the registration of real estate appraiser assistants.
(2) Prescribe by rule the requirements for the examinations required by division (D) of section 4763.05 of the Revised Code;
(3) Periodically review the standards for the development and reporting of appraisal reports provided in this chapter and adopt rules explaining and interpreting those standards;
(4) Hear appeals, pursuant to Chapter 119 of the Revised Code, from decisions and orders the superintendent of real estate issues pursuant to this chapter;
(5) Request the initiation by the superintendent of investigations of violations of this chapter or the rules adopted pursuant thereto, as the board determines appropriate;
(6) Determine the appropriate disciplinary actions to be taken against certificate holders, registrants, and licensees under this chapter as provided in section 4763.11 of the Revised Code.
(B) In addition to any other duties imposed on the superintendent of real estate under this chapter, the superintendent shall:
(1) Prescribe the form and content of all applications required by this chapter;
(2) Receive applications for certifications, registrations, and licenses and renewal thereof under this chapter and establish the procedures for processing, approving, and disapproving those applications;
(3) Retain records and all application materials submitted to the superintendent;
(4) Establish the time and place for conducting the examinations required by division (D) of section 4763.05 of the Revised Code;
(5) Issue certificates, registrations, and licenses and maintain a register of the names and addresses of all persons issued a certificate, registration, or license under this chapter;
(6) Perform any other functions and duties, including the employment of staff, necessary to administer this chapter;
(7) Administer this chapter;
(8) Issue all orders necessary to implement this chapter;
(9) Investigate complaints, upon the superintendent’s own motion or upon receipt of a complaint or upon a request of the board, concerning any violation of this chapter or the rules adopted pursuant thereto or the conduct of any person holding a certificate, registration, or license issued pursuant to this chapter;
(10) Establish and maintain an investigation and audit section to investigate complaints and conduct inspections, audits, and other inquiries as in the judgment of the superintendent are appropriate to enforce this chapter. The investigators and auditors have the right to review and audit the business records of certificate holders, registrants, and licensees during normal business hours. The superintendent may utilize the investigators and auditors employed pursuant to division (B)(4) of section 4735.05 of the Revised Code or currently licensed certificate holders or licensees to assist in performing the duties of this division.
(11) Appoint a hearing examiner for any proceeding involving the disciplinary action of a certificate holder, licensee, or registrant under section 4763.11 of the Revised Code;
(12) Administer the real estate appraiser recovery fund;
(13) Conduct the examinations required by division (D) of section 4763.05 of the Revised Code at least four times per year.
(C) The superintendent may do all of the following:
(1) In connection with hearings, investigations, or audits under division (B) of this section, subpoena witnesses as provided in section 4763.04 of the Revised Code;
(2) Apply to the appropriate court to enjoin any violation of this chapter. Upon a showing by the superintendent that any person has violated or is about to violate this chapter, the court shall grant an injunction, restraining order, or other appropriate relief, or any combination thereof.
(D) All information that is obtained by investigators and auditors performing investigations or conducting inspections, audits, and other inquiries pursuant to division (B)(10) of this section, from certificate holders, registrants, licensees, complainants, or other persons, and all reports, documents, and other work products that arise from that information and that are prepared by the investigators, auditors, or other personnel of the department of commerce, shall be held in confidence by the superintendent, the investigators and auditors, and other personnel of the department.
(E) This section does not prevent the division of real estate and professional licensing from releasing information relating to certificate holders, registrants, and licensees to the superintendent of financial institutions for purposes relating to the administration of Chapter 1322 of the Revised Code, to the commissioner of securities for purposes relating to Chapter 1707 of the Revised Code, to the superintendent of insurance for purposes relating to the administration of Chapter 3953 of the Revised Code, to the attorney general, or to law enforcement agencies and prosecutors. Information released by the division pursuant to this section remains confidential.
(F) Any rule the board adopts shall meet or exceed the requirements specified in federal law or regulations.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.