Kenneth A. Wightman, Appellant-Appellant,
Ohio Real Estate Commission, Ohio Department of Commerce, Division of Real Estate & Professional Licensing, Appellees-Appellees.
from the Franklin County Court of Common Pleas (C.P.C. No.
E. Humphreys, for appellant. Argued: Kevin E. Humphreys.
Michael DeWine, Attorney General, Keith O'Korn and
Zachary C. Schaengold, for appellees. Argued: Zachary C.
1} Kenneth A. Wightman is appealing from an
adjudication order entered by the Ohio Real Estate Commission
on November 12, 2015. For the following reasons, we affirm
the judgment of the Franklin County Court of Common Pleas.
Wightman assigns four errors for our consideration:
I. THE TRIAL COURT ERRED WHEN IT AFFIRMED THE NOVEMBER 10,
2015 ADJUDICATION ORDER, BECAUSE THE COMMISSION WAS WITHOUT
JURISDICTION TO PROCEED WITH THE ADMINISTRATIVE PROCEEDING
DUE TO THE PRIOR WITHDRAWAL OF THE NOTICE OF HEARING.
II. THE TRIAL COURT ERRED IN ITS DETERMINATIONS THAT
WIGHTMAN'S SUBSTANTIVE AND PROCEDURAL DUE PROCESS WERE
NOT VIOLATED IN THE ADMINISTRATIVE PROCEEDINGS.
III. THE TRIAL COURT ERRED IN CONCLUDING THAT THE COMMISSION
DID NOT VIOLATE THE PROVISIONS OF OHIO'S OPEN MEETINGS
ACT, R.C. 121.22.
IV. THE TRIAL COURT ERRED IN CONCLUDING THAT THE OHIO REAL
ESTATE COMMISSION'S NOVEMBER 10, 2015, ADJUDICATION ORDER
WAS SUPPORTED BY RELIABLE, PROBATIVE AND SUBSTANTIAL
EVIDENCE; AS THERE WAS NO EVIDENCE OF A DEFECT IN THE
PHYSICAL CONDITION OF THE PROPERTY THAT WOULD SUPPORT A
VIOLATION OF R.C. 4735.18, PREDICATED UPON R.C. 4735.67(A).
Facts and Case History
2} Kenneth Wightman, a licensed real estate sales
person, was involved in the sale of a condominium to Rachel
Boggs. Wightman was the agent for the seller. After the sale
closed, Wightman gave Boggs a note from the seller telling
her how to avoid clogs in the plumbing system and warning her
of telltale signs that a clog might be developing.
3} Boggs felt that she should have been warned of
the potential for clogs before the closing and filed a
complaint with the Ohio Real Estate Commission
("Commission"), through the Ohio Division of Real
Estate and Professional Licensing ("Division").
Eventually a hearing on the complaint was conducted and
Wightman was found to have failed to reveal information about
potential clogs. An adjudication order was entered requiring
him to pursue six hours of continuing education in real
4} Apparently several of the drainage pipes for the
condominium are connected, including the upstairs bathtub,
upstairs toilet, upstairs sink, and the clothes washer. The
sellers had had plumbers out to the condominium on a number
of occasions but the plumbers had not been able ...