Collateral Mgt., L.L.C. v. Ohio Dept. of Commerce

Citations

• 2021 Ohio 1641

Syllabus

The common pleas court erred in affirming the decision of the Ohio Real Estate Appraiser Board (\board\) to adopt the denial of appellant's appraisal management company (\AMC\) license application by the Superintendent of the Division of Real Estate and Professional Licensing as the record revealed some members of the board did not consider whether the controlling person of the AMC had voluntarily surrendered her real estate appraiser license for a \substantive reason.\ The common pleas court did not err in affirming the board's not having considered whether voluntary surrender of a license was \in lieu of revocation\ as R.C. 4768.06(B) does not require the same. The common pleas court did not err in not determining the application of R.C. 4768.06(B) to be a due process violation for reasons of retroactivity. Judgment affirmed in part and overruled in part. Case remanded to the common pleas court with instructions.