An Ohio licensee is charged with a felony but has not yet been convicted. The Superintendent receives the information. Under Ohio law, what action may the Superintendent take BEFORE a conviction?
Correct Answer
B) The Superintendent may investigate and, if warranted, initiate administrative proceedings based on the underlying conduct, independent of the criminal proceeding
The Superintendent may investigate the underlying conduct that led to the criminal charge and may initiate administrative proceedings independently. Administrative and criminal proceedings are separate, with different standards of proof. The Superintendent does not need to wait for a criminal conviction to take administrative action based on conduct that violates licensing law.
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An Ohio broker is also a licensed attorney. She wants to represent both the buyer (as their real estate agent) and the seller (as their attorney) in the same transaction. Under Ohio law, this arrangement is:
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