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Oh License Law Orc 4735Disciplinary_processHARD

The Superintendent of the Ohio Division of Real Estate receives several complaints within a 12-month period alleging trust account irregularities at the same brokerage. Under ORC Chapter 4735, what authority does the Superintendent have in response?

Correct Answer

C) The Superintendent may order an audit of the brokerage's trust accounts and conduct a comprehensive investigation of the alleged irregularities

Under ORC §4735.051, the Superintendent holds broad investigative authority, including the power to examine records, compel production of documents, and order audits of a broker's trust accounts. Multiple complaints alleging similar conduct at the same brokerage fall squarely within the scope of conduct the Superintendent is empowered to investigate comprehensively.

Answer Options
A
The Superintendent may investigate only the most recently filed complaint until it is resolved before proceeding to others
B
The Superintendent may request voluntary cooperation from the brokerage but cannot compel the production of financial records
C
The Superintendent may order an audit of the brokerage's trust accounts and conduct a comprehensive investigation of the alleged irregularities
D
The Superintendent must forward all complaints to the county prosecutor's office before initiating any internal review

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Related Topics & Key Terms

Key Terms:

comprehensive_auditpattern_complaintsinvestigative_authorityORC_4735

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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