Ohio § 4707.30

§ 4707.30.

(A) As used in this section: (1) “ Aggrieved party ” means a person who has sustained actual and direct losses in an auction transaction

involving a person licensed under this chapter due to conduct by the licensee that

is described in section 4707.15 of the Revised Code or that otherwise violates this chapter or rules adopted under it and that is associated

with an act or transaction that only a licensee lawfully may perform. (2) “ Offending licensee ” means a person licensed under this chapter who fits either of the following descriptions: (a) Against whom an aggrieved party has obtained a final judgment in a court of competent

jurisdiction and whose failure to pay all or a portion of the judgment results in

a payment to the aggrieved party from the auction recovery fund; (b) Whose conduct has resulted in a payment from the auction recovery fund to an aggrieved

party under section 4707.26 or 4707.31 of the Revised Code . (B) If the director of agriculture makes a payment from the auction recovery fund to

an aggrieved party and the license of the offending licensee has not been suspended

or revoked under section 4707.15 of the Revised Code , the license automatically is suspended on the date on which the payment is made.  The director shall provide the offending licensee an opportunity for an administrative

hearing on the suspension in accordance with Chapter 119. of the Revised Code.  The director shall not reactivate the suspended license until the offending licensee

has repaid in full, plus interest per annum at the rate specified in division (A) of section 1343.01 of the Revised Code , the amount paid from the fund to the aggrieved party.  A discharge in bankruptcy does not relieve an offending licensee from the suspension

provisions and requirements for reactivation of a license that are established in

this section. When the director has paid from the fund any sum to an aggrieved party, the director

shall be subrogated to all of the rights of the aggrieved party to the extent of the

amount of the payment that the aggrieved party received from the fund.  If the aggrieved party obtained a final judgment against the offending licensee

in a court of competent jurisdiction, the aggrieved party shall assign all of the

aggrieved party's right, title, and interest in the judgment to the director to the

extent of the amount of the payment that the aggrieved party received from the fund.  The director shall deposit into the fund any amount and interest recovered by the

director from the offending licensee. With respect to the amount of a payment that the director has paid to an aggrieved

party from the fund and has not recovered, the director shall have a priority lien

in front of all other interested creditors against the assets of an offending licensee

who files bankruptcy.  The lien shall be deemed to have taken effect on the date that the offending licensee

entered into a contract in accordance with section 4707.20 of the Revised Code with respect to the auction transaction out of which the payment from the fund arose. Disciplinary action taken under this section against an offending licensee and the

recovery of moneys from an offending licensee for deposit into the fund shall not

excuse the offending licensee from any other disciplinary action to which the offending

licensee may be subject under this chapter or any other provision of the Revised Code

or rules adopted under it.