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· 3/16/2021

Stone v. Ohio Real Estate Comm.

Citations

  • 2021 Ohio 809

Syllabus

The trial court did not abuse its discretion in finding that reliable, probative and substantive evidence supported the Ohio Real Estate Commission's adjudication order that appellant violated R.C. 4735.18(A)(6) and (A)(9) and its decision was in accordance with the law. The evidence supported finding that appellant failed to timely respond to the investigation of the Ohio Division of Real Estate and Professional Licensing where after sixteen months since the issuance of the complaint and shortly after a subpoena was issued, did appellant provide response to the division's investigation. Further, the evidence supported during the course of the investigation, it became evident that appellant failed to notify the superintendent that his residential address had changed, twice, within a reasonable amount of time. Also, appellant failed to cite to the record to support his defense that an inaccurate charge to the property owner reflected on the owner statement was due to a contract dispute. Finally, the determination of the appropriate sanction for the violations is strictly for the commission to determine as authorized by law and therefore appellant's due process rights were not violated when the commission revoked his license. All assignments of error are overruled. Case affirmed.

Judges: Dorrian

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