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Oh License Law Orc 4735Superintendent_vs_commissionHARD

Under ORC Chapter 4735, which body holds primary authority to adopt rules establishing continuing education requirements for licensed real estate brokers and salespersons?

Correct Answer

A) The Ohio Real Estate Commission, which is expressly authorized to adopt rules governing continuing education requirements

Under ORC §4735.10, the Ohio Real Estate Commission is expressly authorized to adopt rules establishing continuing education requirements for licensees. This is a specific grant of rulemaking authority to the Commission — not merely an advisory function — distinguishing it from other areas where the Commission's role is recommendatory. Rules adopted by the Commission are still subject to the administrative rulemaking procedures of ORC Chapter 119.

Answer Options
A
The Ohio Real Estate Commission, which is expressly authorized to adopt rules governing continuing education requirements
B
The Superintendent of Real Estate, acting independently through ORC Chapter 119 rulemaking without Commission involvement
C
The Ohio General Assembly, which must pass legislation before any continuing education requirement takes effect
D
The Ohio Department of Commerce, through its general regulatory authority over all professional licenses

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Related Topics & Key Terms

Key Terms:

superintendent_vs_commissionrulemakingethics_trainingadvisory_non_bindingORC_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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