Ohio Admin. Code 4781-11-14 - Complaint procedure and investigation initiation
(A)
Any person who
believes that a manufactured housing dealer, a manufactured housing broker, a
manufactured housing salesperson, or any unlicensed person has violated any
provision of Chapter 4781. of the Revised Code or the division of real estate
and professional licensing rules, may file a written complaint with the
division.
(B)
The superintendent may, upon the superintendent's own
motion, investigate any license holder or unlicensed person for alleged
violations of Chapter 4781. of the Revised Code or the division rules. Upon
receipt of a written complaint, or upon the superintendent's own motion, the
division shall:
(1)
Review the complaint to determine jurisdiction and if
further information or investigation is needed.
(2)
If the division
has jurisdiction of the alleged violation, send an acknowledgment letter to the
complainant and the respondent requesting the respondent to provide a response
to the complaint and submit any additional information the respondent believes
relevant and/or necessary.
(3)
Investigate the
complaint to determine if a charge for violating Chapter 4781. of the Revised
Code or the division rules meets the division's burden of
proof.
(4)
Provide the superintendent or superintendent's designee
with an investigative report detailing the facts of the complaint and
investigation. The superintendent may take the following action:
(a)
Close with no
further action;
(b)
Return for further investigation;
(c)
Issue an advisory
letter;
(d)
Order disciplinary action against a licensee;
or
(e)
Order a civil penalty against an unlicensed
person.
(5)
The superintendent on the superintendent's own motion,
may initiate an investigation inspection of a licensee to determine whether the
licensee is in compliance with Chapter 4781. of the Revised Code and the rules
promulgated thereunder.
Replaces: 4781-11-13, 4781-11-14
Notes
Promulgated Under: 119.03
Statutory Authority: 4781.21
Rule Amplifies: 4781.21
Prior Effective Dates: 07/01/2010
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