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Oh License Law Orc 4735Disciplinary_processMEDIUM

The Superintendent issues a suspension order against a salesperson for willfully refusing to present a written offer to a seller. Under ORC Chapter 119 and ORC §4735.051, when does the suspension order take effect?

Correct Answer

B) After the licensee receives proper notice and an opportunity for a hearing, unless an emergency order is issued

Under ORC Chapter 119, administrative agencies must provide a licensee with written notice of the proposed action and a meaningful opportunity to be heard before an order takes effect. A standard suspension therefore does not take effect until after this process is completed. The exception is an emergency adjudication order under ORC §119.07, which may take immediate effect when the Superintendent finds that the public interest requires it — but even then, a post-deprivation hearing must follow promptly.

Answer Options
A
Immediately upon issuance, before the licensee receives any notice
B
After the licensee receives proper notice and an opportunity for a hearing, unless an emergency order is issued
C
Only after the order is affirmed by a court of common pleas on appeal
D
On a fixed date 30 days after issuance, regardless of whether a hearing has been requested

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Related Topics & Key Terms

Key Terms:

suspension_timingdue_processnotice_and_hearingORC_4735

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

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.

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