EstatePass
Oh License Law Orc 4735Superintendent_vs_commissionHARD

Under ORC Chapter 4735, the Superintendent seeks an advisory opinion from the Commission on whether a novel brokerage business model complies with existing regulations. After receiving the Commission's advice, the Superintendent issues a formal interpretive ruling. A licensee challenges the ruling. Under Ohio administrative law, the court will review:

Correct Answer

B) Only the Superintendent's ruling, as the Commission's advice has no independent legal force

Under ORC §4735.02, the Commission's advice is advisory and has no independent legal force. A court reviewing the challenged ruling would focus on the Superintendent's action as the legally operative decision.

Answer Options
A
Both the Commission's advice and the Superintendent's ruling as co-equal regulatory actions
B
Only the Superintendent's ruling, as the Commission's advice has no independent legal force
C
Only the Commission's advice, as it forms the legal basis of the Superintendent's authority
D
Neither, because advisory opinions are not subject to judicial review

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Oh License Law Orc 4735 Question

Sign up free to unlock full analysis

Background Knowledge for Oh License Law Orc 4735

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Oh License Law Orc 4735

Sign up free to unlock full analysis

Common Mistakes to Avoid on Oh License Law Orc 4735 Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

superintendent_vs_commissionjudicial_reviewinterpretive_rulingORC_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.

Was this explanation helpful?

More Oh License Law Orc 4735 Questions

People Also Study

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing