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Oh License Law Orc 4735Superintendent_vs_commissionHARD

During a Commission meeting, a member proposes that the Commission unilaterally issue new advertising guidelines without consulting the Superintendent. Under ORC Chapter 4735, which statement is correct?

Correct Answer

C) The Commission may issue non-binding recommendations but cannot issue binding guidelines — only the Superintendent can adopt enforceable rules

The Commission can discuss and recommend guidelines, but any recommendations are non-binding. Under ORC §4735.02, only the Superintendent has the authority to adopt enforceable rules and guidelines through the proper rulemaking process.

Answer Options
A
The Commission may issue guidelines because advertising falls within its scope of advisory authority
B
The Commission may issue binding guidelines if all five members vote in favor
C
The Commission may issue non-binding recommendations but cannot issue binding guidelines — only the Superintendent can adopt enforceable rules
D
The Commission must first obtain approval from the Department of Commerce Director before issuing any guidelines

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Related Topics & Key Terms

Key Terms:

superintendent_vs_commissionnon_binding_guidelinesadvertisingORC_4735

Related Concepts

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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