A broker disagrees with an administrative rule governing real estate licensees in Ohio and wants to formally seek a change to that rule. Under ORC Chapter 4735 and Ohio administrative law, which action is most appropriate?
Correct Answer
D) Submit a formal rulemaking petition to the Superintendent of Real Estate through the procedures established under ORC Chapter 119
In Ohio, administrative rulemaking — including the adoption, amendment, or rescission of rules — is governed by ORC Chapter 119. A party seeking a rule change must petition the agency official with rulemaking authority. Under ORC §4735.02, the Superintendent of Real Estate holds that authority for real estate licensing rules. A formal petition submitted through the ORC Chapter 119 process is the correct administrative remedy before pursuing judicial options.
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Related Topics & Key Terms
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Related Concepts
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
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Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
More Oh License Law Orc 4735 Questions
Under ORC Chapter 4735, what is the minimum period an Ohio broker must retain trust account records after a transaction is completed or terminated?
Under ORC Chapter 4735, what happens to an Ohio real estate license if the licensee does not renew it by the expiration date?
Under ORC §4735.141, how are Ohio's 30 continuing education hours structured for active salespersons and brokers?
Under ORC Chapter 4735, which entity approves continuing education providers and courses for Ohio real estate licensees?
Under ORC Chapter 4735, which of the following best describes the required content of post-license education for newly licensed Ohio salespersons during their initial licensing period?
- → Under ORC Chapter 4735, continuing education for Ohio real estate licensees must be completed how often?
- → Under ORC §4735.14, what is the continuing education obligation for an Ohio salesperson who reactivates a license that has been on inactive status?
- → Under ORC Chapter 4735, which entity has the authority to establish renewal fees for Ohio real estate licenses, and how may those fees be changed?
- → Under ORC §4735.141, which outcome does Ohio's continuing education requirement for real estate licensees primarily serve?
- → Under ORC Chapter 4735, which of the following correctly describes a requirement that applies to continuing education courses completed by Ohio real estate salespersons?
- → Under ORC Chapter 4735, Ohio real estate licenses are renewed on what cycle?
- → Under ORC Chapter 4735, how many hours of continuing education must an Ohio salesperson complete during each three-year license period?
- → Under ORC Chapter 4735, which accommodation is available to an Ohio licensee who is on active duty with the U.S. military regarding license renewal and continuing education?
- → Under ORC Chapter 4735, what is the total number of hours of pre-license education and post-license education that a new Ohio salesperson must complete during the first licensing period?
- → Under ORC Chapter 4735, what is the primary purpose of the Ohio Division of Real Estate auditing a licensee's continuing education records?
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An Ohio Real Estate Commission member publicly advocates for a specific policy change that the Superintendent has rejected. Under ORC Chapter 4735, what is the legal impact of this advocacy?
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