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Oh License Law Orc 4735Superintendent_vs_commissionHARD

Under ORC Chapter 4735, a group of Ohio brokers petitions the Commission to formally oppose a new trust account rule proposed by the Superintendent. The Commission agrees and issues a resolution opposing the rule. What legal effect does this resolution have?

Correct Answer

B) The resolution has no binding legal effect but may be considered by the Superintendent and could be cited in any legal challenge to the rule

A Commission resolution opposing a rule is advisory and non-binding under ORC §4735.02. However, it may carry political weight and could be cited in administrative or judicial proceedings challenging the rule.

Answer Options
A
The resolution legally blocks the Superintendent from adopting the rule for at least 180 days
B
The resolution has no binding legal effect but may be considered by the Superintendent and could be cited in any legal challenge to the rule
C
The resolution automatically triggers a mandatory public hearing that the Superintendent must conduct
D
The resolution requires the Superintendent to seek approval from the Director of Commerce before proceeding

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Related Topics & Key Terms

Key Terms:

superintendent_vs_commissionresolutionnon_bindingtrust_account_ruleORC_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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