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Oh License Law Orc 4735Superintendent_vs_commissionMEDIUM

The Ohio Real Estate Commission votes 4-1 to recommend that the Superintendent revoke a specific broker's license. Under ORC Chapter 4735, what is the Superintendent's obligation?

Correct Answer

B) The Superintendent must consider the recommendation but is not bound by it and must conduct an independent investigation and hearing

The Commission's recommendation is advisory and not binding on the Superintendent. Under ORC §4735.18, the Superintendent must independently determine if grounds for revocation exist and provide the licensee with due process including notice and a hearing.

Answer Options
A
The Superintendent must follow the Commission's recommendation because it passed by a supermajority
B
The Superintendent must consider the recommendation but is not bound by it and must conduct an independent investigation and hearing
C
The Superintendent must wait 60 days and hold a public hearing before acting on the recommendation
D
The recommendation automatically revokes the broker's license unless the Superintendent vetoes it within 10 days

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Related Topics & Key Terms

Key Terms:

superintendent_vs_commissionadvisory_recommendationdue_processORC_4735

Related Concepts

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

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