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Oh License Law Orc 4735Orc_4735HARD

An Ohio licensee under investigation by the Superintendent for alleged trust account violations refuses to allow the Division auditor access to trust account records. Under ORC Chapter 4735, what authority does the Superintendent have?

Correct Answer

A) The Superintendent may treat the refusal to cooperate as an independent ground for disciplinary action and may seek a court order to compel access

Under ORC §4735.18 and §4735.05, the Superintendent has authority to examine trust account records. Refusal to cooperate is itself grounds for disciplinary action, and the Superintendent may seek court orders to compel access.

Answer Options
A
The Superintendent may treat the refusal to cooperate as an independent ground for disciplinary action and may seek a court order to compel access
B
The Superintendent may only request records through a subpoena issued by the Ohio Real Estate Commission
C
The Superintendent must obtain a criminal search warrant before accessing any financial records
D
The Superintendent has no authority to access financial records and must refer the matter to the Attorney General

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Related Topics & Key Terms

Key Terms:

investigationtrust_account_auditrefusal_to_cooperateORC_4735

Related Concepts

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.

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