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Oh License Law Orc 4735Superintendent_vs_commissionHARD

Under ORC Chapter 4735, the Superintendent of Real Estate has broad independent authority over licensing and enforcement. Which of the following actions requires Ohio Real Estate Commission approval before the Superintendent may act?

Correct Answer

C) Promulgating or amending administrative rules that govern licensee conduct

Under ORC §4735.05 and ORC Chapter 119, the Ohio Real Estate Commission — not the Superintendent alone — holds rulemaking authority. Promulgating or amending rules governing licensee conduct requires Commission approval through the formal rulemaking process. This is a substantive policy function that falls outside the Superintendent's independent authority.

Answer Options
A
Suspending a licensee's license on an emergency basis pending a formal hearing
B
Issuing a subpoena for brokerage records during an active investigation
C
Promulgating or amending administrative rules that govern licensee conduct
D
Conducting an unannounced audit of a brokerage's trust account records

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Related Topics & Key Terms

Key Terms:

superintendent_vs_commissiongovernor_appointmentindependent_authorityORC_4735reverse_question

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