Barlow v. Ohio State Dep’t of Commerce, Div. of Real Estate and Prof. Lic., Franklin County  C. P. Ct. No. 09CVF-05-7959

Holding: Agency has discretion to determine whether certain conduct constitutes misconduct and violates the standard of practice in the industry.

Summary:

Appellant, a real estate broker, appealed the imposition of a suspension on his license.  The Division found that Appellant had engaged in “dishonest or illegal dealing, gross negligence, incompetency, or misconduct” in violation of law.  Appellant asserted that he had no notice that his conduct was subject to sanction by the Division.

Appellant was found to have employed the use of misleading internet domain names, creating the appearance that he was affiliated with a different real estate agency, and caused internet users to be diverted from another agency to his website.  The court pointed to previous precedent establishing that it would not be possible for the Division to “spell out in detail every type of conduct that constitutes misconduct by a real estate broker.”  The Division is given discretion to determine whether certain conduct violates the standard of practice in the industry.  The Court found the Division’s order was supported by reliable, probative, and substantial evidence, and was in accordance with law.  (AAG Theodore L. Klecker).