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Oh License Law Orc 4735Disciplinary_processMEDIUM

A broker receives a formal disciplinary complaint from the Ohio Division of Real Estate alleging failure to properly supervise salespersons. Which of the following correctly describes the broker's due process rights under ORC Chapter 4735?

Correct Answer

A) The broker may request a hearing before the Superintendent or a hearing examiner, with the right to present evidence, call witnesses, and be represented by counsel

Under ORC §4735.051 and Ohio's Administrative Procedure Act (ORC Chapter 119), licensees facing disciplinary action are entitled to a hearing before the Superintendent or an appointed hearing examiner, where they may present evidence, call witnesses, and be represented by counsel. This full hearing right applies to all categories of disciplinary complaints, including supervision failures.

Answer Options
A
The broker may request a hearing before the Superintendent or a hearing examiner, with the right to present evidence, call witnesses, and be represented by counsel
B
The broker may submit a written response, but oral hearings are reserved only for felony-related license violations
C
The broker must first exhaust a mandatory mediation process before any administrative hearing is available
D
The broker may request an administrative hearing, but the Superintendent's post-hearing decision is not subject to further judicial review

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Related Topics & Key Terms

Key Terms:

due_processhearing_rightsevidenceORC_4735

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