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Oh License Law Orc 4735Orc_4735HARD

An Ohio broker is fined $5,000 by the Superintendent after a disciplinary hearing for trust account violations. The broker believes the penalty is unjust. Under ORC Chapter 4735, what is the broker's legal remedy?

Correct Answer

B) Appeal the decision to the Franklin County Court of Common Pleas within the timeframe specified by Ohio administrative procedure law

Under ORC §4735.051 and ORC Chapter 119, a licensee may appeal a disciplinary decision to the Franklin County Court of Common Pleas. This provides judicial review of the administrative decision.

Answer Options
A
Request a rehearing before the Ohio Real Estate Commission within 30 days
B
Appeal the decision to the Franklin County Court of Common Pleas within the timeframe specified by Ohio administrative procedure law
C
Submit a written protest to the Director of the Department of Commerce
D
File a direct appeal to the Ohio Supreme Court within 60 days

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Related Topics & Key Terms

Key Terms:

disciplinary_appealcourt_of_common_pleasORC_4735

Related Concepts

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

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