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Oh License Law Orc 4735Superintendent_vs_commissionMEDIUM

Under ORC Chapter 4735, the Ohio Superintendent of Real Estate is considering implementing a new continuing education requirement for all licensees. The Ohio Real Estate Commission opposes the change. What is the legal effect of the Commission's opposition?

Correct Answer

A) The Commission's opposition is noted but not binding — the Superintendent may proceed with the change through proper rulemaking channels

Under ORC §4735.02, the Commission's role is advisory. Its opposition or support of a policy change is considered but not binding on the Superintendent. The Superintendent retains independent decision-making authority subject to proper rulemaking procedures.

Answer Options
A
The Commission's opposition is noted but not binding — the Superintendent may proceed with the change through proper rulemaking channels
B
The Commission's opposition blocks the change for one year, after which the Superintendent may proceed
C
The Superintendent cannot implement the requirement because the Commission has veto power over CE changes
D
The Superintendent must hold a public referendum among all Ohio licensees before implementing the change

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Related Topics & Key Terms

Key Terms:

superintendent_vs_commissionadvisory_non_bindingCE_requirementsORC_4735

Related Concepts

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

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