As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                  S. B. No. 154  5            

      1997-1998                                                    6            


                SENATORS NEIN-GILLMOR-SUHADOLNIK                   8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 1751.38, 3901.021, 3905.011,        12           

                3905.02, 3905.06, 3905.07, 3905.18, 3905.20,       13           

                3905.27, 3905.40, 3905.481, 3905.49, 3923.121,     14           

                3931.101, 3931.11, 3941.02, 3953.21, 3953.23,                   

                3960.11, and 4745.01; to amend, for the purpose    15           

                of adopting new numbers as indicated in            16           

                parentheses, sections 3905.011 (3905.012) and                   

                3905.02 (3905.03); to enact new sections 3905.01,  17           

                3905.011, and 3905.02 and sections 3905.013,       18           

                3905.014, 3905.471, 3905.491, 3905.492, and                     

                3905.54; and to repeal sections 3905.01, 3905.03,  19           

                and 3905.05 of the Revised Code to revise the      20           

                Insurance Agents Law.                                           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That sections 1751.38, 3901.021, 3905.011,       24           

3905.02, 3905.06, 3905.07, 3905.18, 3905.20, 3905.27, 3905.40,     26           

3905.481, 3905.49, 3923.121, 3931.101, 3931.11, 3941.02, 3953.21,  27           

3953.23, 3960.11, and 4745.01 be amended; sections 3905.011                     

(3905.012) and 3905.02 (3905.03) be amended for the purpose of     29           

adopting new section numbers as indicated in parentheses; and new  30           

sections 3905.01, 3905.011, and 3905.02 and sections 3905.013,     31           

3905.014, 3905.471, 3905.491, 3905.492, and 3905.54 of the         32           

Revised Code be enacted to read as follows:                        33           

      Sec. 1751.38.  (A)  As used in this section, "agent" means   43           

a person appointed by a health insuring corporation to engage in   44           

the solicitation or enrollment of subscribers or enrollees.        45           

                                                          2      

                                                                 
      (B)  Agents of health insuring corporations shall be         48           

licensed pursuant to section 3905.01 3905.02 or 3905.18 of the     49           

Revised Code.                                                      51           

      (C)  Sections 3905.01, 3905.03, 3905.05 3905.02, 3905.16 to  54           

3905.18, 3905.181, 3905.19, 3905.23, 3905.40, 3905.41, 3905.42,    55           

3905.46 to 3905.48, 3905.481, 3905.482, 3905.486, 3905.49,         56           

3905.50, 3905.71 to 3905.79, and 3905.99 of the Revised Code       57           

shall apply to health insuring corporations and the agents of      58           

health insuring corporations in the same manner in which these     59           

sections apply to insurers and agents of insurers.                 60           

      Sec. 3901.021.  Two-thirds of all fees collected under       69           

section 3905.01 3905.02, division (E) of section 3905.18, and      70           

division (A)(6) of section 3905.26 of the Revised Code shall be    72           

paid into the state treasury to the credit of the department of    73           

insurance operating fund, which is hereby created.  The remaining  74           

one-third shall be credited to the general revenue fund.  If the   75           

superintendent of insurance is authorized by the controlling       76           

board to increase the fees pursuant to section 3905.011 3905.012   78           

of the Revised Code, the board may also direct that an amount      79           

equal to the increase, up to three-fourths of all fees collected   80           

after the increase pursuant to section 3905.011 3905.012 of the    81           

Revised Code, shall be credited to the department of insurance     83           

operating fund, with the remaining portion to be credited to the   84           

general revenue fund. All operating expenses of the department of  85           

insurance except those expenses defined under section 3901.07 of   86           

the Revised Code shall be paid from the department of insurance    87           

operating fund.                                                                 

      Sec. 3905.01.  (A)  NO PERSON SHALL PROCURE AN APPLICATION   90           

OR QUOTE PREMIUMS FOR, DISCUSS COVERAGES OF, OR SOLICIT,           91           

NEGOTIATE, EFFECT, PROCURE, PLACE, WRITE, DELIVER, RENEW, OR       92           

BIND, A POLICY OF INSURANCE OR ENGAGE IN DIRECT RESPONSE OR MASS   93           

MARKETING ADVERTISING THROUGH ANY MEDIUM FOR RISKS RESIDING,       94           

LOCATED, OR TO BE PERFORMED IN THIS STATE, UNLESS THE PERSON IS    95           

LICENSED BY THE SUPERINTENDENT OF INSURANCE IN ACCORDANCE WITH     96           

                                                          3      

                                                                 
THIS CHAPTER.                                                      97           

      (B)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY OF   101          

THE FOLLOWING PERSONS:                                                          

      (1)  AN INSURER AS DEFINED IN SECTION 3901.32 OF THE         104          

REVISED CODE;                                                      105          

      (2)  ANY PERSON WHO FURNISHES INFORMATION REGARDING GROUP    107          

INSURANCE, ENROLLS INDIVIDUALS IN GROUP INSURANCE PLANS, ISSUES    108          

CERTIFICATES UNDER SUCH PLANS, OR OTHERWISE ASSISTS IN             109          

ADMINISTERING SUCH PLANS, IF NO COMMISSION OR OTHER FORM OF        110          

COMPENSATION RELATED TO PREMIUM OR SALES VOLUME IS PAID FOR SUCH   111          

SERVICES;                                                          112          

      (3)  ANY EMPLOYEE OF A CREDITOR WHO MAKES INSURANCE          114          

PRODUCTS AVAILABLE ONLY IN CONNECTION WITH A CREDIT TRANSACTION,   115          

INCLUDING CREDIT LIFE INSURANCE, CREDIT DISABILITY OR ACCIDENT     116          

AND HEALTH INSURANCE, CREDIT PROPERTY INSURANCE, INVOLUNTARY       117          

UNEMPLOYMENT INSURANCE, INDIVIDUAL LIFE INSURANCE, AND INDIVIDUAL               

DISABILITY OR ACCIDENT AND HEALTH INSURANCE, IF THE ENTIRE         118          

PREMIUM IS FINANCED AS PART OF THE CREDIT TRANSACTION AND THE      119          

FOLLOWING CONDITIONS ARE MET:                                                   

      (a)  IF THE INSURANCE PRODUCT IS AN INDIVIDUAL LIFE          121          

INSURANCE POLICY, A LICENSED AGENT IS RESPONSIBLE FOR THE          122          

INSURANCE TRANSACTION.                                                          

      (b)  IF THE EMPLOYEE OF THE CREDITOR IS PAID BY THE          124          

INSURANCE AGENT OR BY THE INSURANCE COMPANY, THE EMPLOYEE HOLDS A  125          

LIMITED AUTHORITY LICENSE.                                         126          

      FOR PURPOSES OF DIVISION (B)(3) OF THIS SECTION, "CREDIT     128          

PROPERTY INSURANCE" MEANS INSURANCE COVERING REASONABLE RISKS OF   129          

LOSS, DAMAGE, AND DESTRUCTION OF PROPERTY USED AS SECURITY FOR A   130          

LOAN, WHICH INSURANCE MAY ALSO COVER OTHER PROPERTY THAT IS        131          

INCIDENTAL TO THE PROPERTY USED AS SECURITY FOR THE LOAN.          132          

      (4)  ANY EMPLOYER, OR OFFICER OR EMPLOYEE OF AN EMPLOYER,    134          

TO THE EXTENT THAT THE EMPLOYER, OFFICER, OR EMPLOYEE IS ENGAGED   135          

IN THE ADMINISTRATION OR OPERATION OF ANY EMPLOYEE BENEFITS        136          

PROGRAM INVOLVING THE USE OF INSURANCE FOR THE EMPLOYER'S          137          

                                                          4      

                                                                 
EMPLOYEES OR THE EMPLOYEES OF A SUBSIDIARY OR AFFILIATE OF THE     138          

EMPLOYER, PROVIDED THAT THE EMPLOYER, OFFICER, OR EMPLOYEE IS NOT  140          

COMPENSATED, EITHER DIRECTLY OR INDIRECTLY, IN ANY MANNER BY AN    141          

INSURANCE AGENT OR BY THE INSURANCE COMPANY ISSUING THE                         

INSURANCE.                                                         142          

      (C)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY OF   146          

THE FOLLOWING ACTIVITIES WHEN PERFORMED BY AN EMPLOYEE OF, AND AT  147          

THE DIRECTION OF, AN INSURER OR LICENSED INSURANCE AGENT:          148          

      (1)  THE ACCEPTANCE OF PREMIUMS OTHER THAN THE INITIAL       150          

PREMIUM;                                                           151          

      (2)  THE GATHERING OF INFORMATION THAT IS NOT REQUIRED OR    153          

USED FOR UNDERWRITING PURPOSES, SUCH AS NAMES, ADDRESSES,          154          

EXPIRATION DATES OF CURRENT INSURANCE, AND NAMES OF CURRENT        155          

INSURERS;                                                          156          

      (3)  THE SETTING OF APPOINTMENTS FOR INSURANCE AGENTS,       158          

PROVIDED THAT THE PERSON SETTING THE APPOINTMENT DOES NOT          159          

COMMUNICATE ANY INFORMATION ABOUT INSURANCE;                       160          

      (4)  THE PROVISION OF INFORMATION ABOUT EXISTING INSURANCE   162          

POLICIES, IF THE PERSON DOES NOT PROVIDE ANY ADVICE, SUGGESTIONS,  164          

OR RECOMMENDATIONS, EXPLAIN BENEFITS, OR INTERPRET COVERAGE        165          

PROVISIONS;                                                                     

      (5)  THE PERFORMANCE OF CLERICAL OR MINISTERIAL DUTIES.      168          

      (D)  THE SUPERINTENDENT MAY ADOPT RULES IN ACCORDANCE WITH   171          

CHAPTER 119. OF THE REVISED CODE TO SET FORTH THE SPECIFIC ACTS    174          

THAT COMPRISE ANY OF THE ACTIVITIES DESCRIBED IN THIS SECTION,     175          

THE PERFORMANCE OF WHICH EITHER REQUIRES OR DOES NOT REQUIRE       177          

LICENSURE AS AN AGENT.                                                          

      Sec. 3905.011.  (A)  AS USED IN THIS SECTION AND SECTIONS    180          

3905.013 AND 3905.014 OF THE REVISED CODE, "INSURER" HAS THE SAME  182          

MEANING AS IN SECTION 3901.32 OF THE REVISED CODE.                 185          

      (B)  ANY PERSON WHO IS LICENSED AS AN AGENT UNDER SECTION    188          

3905.02 OR 3905.18 OF THE REVISED CODE IS ELIGIBLE TO BE           190          

APPOINTED BY ONE OR MORE INSURERS AUTHORIZED TO DO BUSINESS IN     191          

THIS STATE.                                                        192          

                                                          5      

                                                                 
      (C)(1)  PRIOR TO APPOINTING AN AGENT, AN INSURER SHALL       195          

CERTIFY TO THE SUPERINTENDENT OF INSURANCE, IN ACCORDANCE WITH     196          

RULES ADOPTED BY THE SUPERINTENDENT UNDER SECTION 3905.014 OF THE  197          

REVISED CODE, THAT THE PERSON IS COMPETENT, FINANCIALLY            199          

RESPONSIBLE, AND SUITABLE TO REPRESENT THE INSURER.                200          

      (2)  NO AGENT SHALL REPRESENT TO THE PUBLIC THAT THE AGENT   202          

HAS AUTHORITY TO REPRESENT A PARTICULAR INSURER UNTIL THE INSURER  204          

HAS ACKNOWLEDGED THAT AUTHORITY BY APPOINTMENT OF THE AGENT IN     205          

ACCORDANCE WITH DIVISION (C)(1) OF THIS SECTION.                   206          

      (D)(1)  NO INSURER SHALL PAY A COMMISSION, FEE, OR OTHER     209          

TYPE OF CONSIDERATION, OR GIVE ANY OTHER THING OF VALUE, TO A      210          

PERSON WHO IS NOT LICENSED BY THE SUPERINTENDENT IN ACCORDANCE     211          

WITH THIS CHAPTER FOR THE SALE OF, OR FOR ANY DIRECT OR INDIRECT   212          

CONNECTION WITH THE SALE OF, ANY INSURANCE SOLD BY OR ON BEHALF    213          

OF THE INSURER.                                                                 

      (2)  NOTHING IN THIS SECTION PROHIBITS AN INSURER FROM       215          

ENTERING INTO A COMPENSATION AGREEMENT WITH A CREDITOR WHO MAKES   216          

INSURANCE PRODUCTS AVAILABLE ONLY IN CONNECTION WITH A CREDIT      217          

TRANSACTION, INCLUDING CREDIT LIFE INSURANCE, CREDIT DISABILITY    218          

OR ACCIDENT AND HEALTH INSURANCE, CREDIT PROPERTY INSURANCE,                    

INVOLUNTARY UNEMPLOYMENT INSURANCE, INDIVIDUAL LIFE INSURANCE,     219          

AND INDIVIDUAL DISABILITY OR ACCIDENT AND HEALTH INSURANCE, IF     220          

THE ENTIRE PREMIUM IS FINANCED AS PART OF THE CREDIT TRANSACTION.  221          

FOR PURPOSES OF DIVISION (D)(2) OF THIS SECTION, "CREDIT PROPERTY  222          

INSURANCE" HAS THE SAME MEANING AS IN DIVISION (B)(3) OF SECTION   223          

3905.01 OF THE REVISED CODE.                                                    

      Sec. 3905.011 3905.012.  The superintendent of insurance     232          

may increase the agent's license APPOINTMENT fees imposed on       233          

domestic, foreign, and alien insurance companies pursuant to       235          

division (B)(C) of section 3905.01 3905.02, division (E) of        237          

section 3905.18, and division (E) of section 3905.20 of the        239          

Revised Code to not more than twenty dollars, if all of the        240          

following conditions are met:                                                   

      (A)  The superintendent submits his A request for the        242          

                                                          6      

                                                                 
increase to the following committees HOUSE COMMITTEE AND SENATE    243          

COMMITTEE THAT HAVE PRIMARY JURISDICTION OVER INSURANCE ISSUES,    244          

for their review and recommendations:                              246          

      (1)  The house insurance committee;                          248          

      (2)  The senate financial institutions and insurance         250          

committee;                                                         251          

      (3)  The insurance/civil justice reform review committee     253          

established by Am. Sub. H.B. 1 of the 117th general assembly.      254          

      (B)  The superintendent submits both of the following to     256          

the controlling board:                                             257          

      (1)  The request for the increase;                           259          

      (2)  The recommendations of the house insurance committee,   261          

the AND senate financial institutions and insurance committee,     262          

and the insurance/civil justice reform review committee            264          

COMMITTEES DESCRIBED IN DIVISION (A) OF THIS SECTION.              265          

      (C)  On or before January 1, 1990, the controlling board,    267          

after receipt of the request for the increase and the              268          

recommendations pursuant to division (B) of this section,          269          

approves the request for the increase.                             270          

      Sec. 3905.013.  (A)(1)  EXCEPT AS PROVIDED IN DIVISION       274          

(A)(2) OF THIS SECTION, ANY PERSON LICENSED AS AN AGENT UNDER      275          

SECTION 3905.02 OR 3905.18 OF THE REVISED CODE, OR APPOINTED AS A  277          

SOLICITOR UNDER SECTION 3905.03 OF THE REVISED CODE, MAY AT ANY    280          

TIME SURRENDER ANY OR ALL LICENSES OR APPOINTMENTS HELD BY THE     281          

PERSON.                                                                         

      (2)  NO PERSON SHALL SURRENDER THE PERSON'S LICENSES OR      283          

APPOINTMENTS IF THE SUPERINTENDENT OF INSURANCE IS INVESTIGATING   284          

ANY ALLEGATION OF WRONGDOING BY THE PERSON OR HAS INITIATED        285          

PROCEEDINGS UNDER CHAPTER 119. OF THE REVISED CODE AND NOTICE OF   286          

AN OPPORTUNITY FOR A HEARING HAS BEEN ISSUED TO THE PERSON, AND    287          

ANY ATTEMPT TO SO SURRENDER IS INVALID.                                         

      (B)(1)  IF AN INSURER OR AGENT CANCELS THE APPOINTMENT OF    290          

AN AGENT OR SOLICITOR DUE TO FRAUD, MISREPRESENTATION, THEFT,      291          

CONVERSION, OR ANY OTHER CULPABLE MISAPPROPRIATION, THE INSURER    292          

                                                          7      

                                                                 
OR AGENT SHALL PROMPTLY NOTIFY THE SUPERINTENDENT.  THE NOTICE     293          

SHALL INCLUDE A COMPLETE STATEMENT OF THE FACTS AND THE REASONS    294          

FOR THE CANCELLATION.                                              295          

      (2)  IN THE ABSENCE OF FRAUD OR ACTUAL MALICE, AN INSURER    297          

OR AGENT IS IMMUNE FROM ANY CIVIL LIABILITY THAT OTHERWISE MIGHT   298          

BE INCURRED OR IMPOSED AS A RESULT OF ANY ACTION TAKEN BY THE      299          

INSURER OR AGENT TO COMPLY WITH DIVISION (B)(1) OF THIS SECTION.   301          

      (C)  THE SUPERINTENDENT MAY SUSPEND OR REVOKE A LICENSE OR   304          

APPOINTMENT, OR TAKE ANY OTHER DISCIPLINARY ACTION AUTHORIZED BY   305          

THIS CHAPTER, REGARDLESS OF WHETHER THE PERSON IS APPOINTED OR     306          

OTHERWISE AUTHORIZED TO REPRESENT AN INSURER OR AGENT.             307          

      Sec. 3905.014.  (A)  THE SUPERINTENDENT OF INSURANCE MAY     310          

ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE    313          

FOR PURPOSES OF IMPLEMENTING SECTIONS 3905.01 TO 3905.03 AND       314          

3905.18 OF THE REVISED CODE, INCLUDING RULES THAT DO THE           317          

FOLLOWING:                                                                      

      (1)  SET FORTH REQUIREMENTS AND PROCEDURES FOR THE ISSUANCE  320          

OF AN AGENT'S LICENSE;                                                          

      (2)  PROVIDE FOR THE ISSUANCE OF A LIMITED AUTHORITY         323          

LICENSE FOR A SPECIFIC LINE OF INSURANCE, AND SET FORTH ANY                     

PRELICENSING EDUCATION, EXAMINATION, OR CONTINUING EDUCATION       324          

REQUIREMENTS THE SUPERINTENDENT CONSIDERS APPROPRIATE FOR SUCH A   325          

LICENSE;                                                                        

      (3)  SET FORTH THE CIRCUMSTANCES UNDER WHICH A TESTING       327          

FACILITY MAY REFUSE TO ISSUE AN AGENT'S LICENSE TO AN APPLICANT.   328          

NOTWITHSTANDING CHAPTER 119. OF THE REVISED CODE, AN OPPORTUNITY   331          

FOR A HEARING SHALL NOT BE GRANTED TO SUCH AN APPLICANT UNTIL THE  332          

SUPERINTENDENT HAS CONDUCTED AN INVESTIGATION OF THE MATTER.       334          

      (4)  ESTABLISH PROCEDURES FOR CERTIFYING AN INSURER'S        336          

APPOINTMENT OF AN AGENT;                                           337          

      (5)  ESTABLISH PROCEDURES FOR THE SURRENDER OF LICENSES OR   340          

APPOINTMENTS.                                                                   

      (B)  THE SUPERINTENDENT MAY CONTRACT WITH ONE OR MORE        343          

VENDORS TO PROVIDE ANY SERVICES NECESSARY FOR THE PROCESSING AND   344          

                                                          8      

                                                                 
MAINTAINING OF LICENSING AND APPOINTMENT RECORDS UNDER SECTIONS    345          

3905.02, 3905.03, AND 3905.18 OF THE REVISED CODE.                 347          

      Sec. 3905.02.  (A)  AN APPLICANT FOR A LICENSE AS AN OTHER   350          

THAN LIFE INSURANCE AGENT SHALL SUBMIT AN APPLICATION FOR SUCH A   351          

LICENSE TO THE SUPERINTENDENT OF INSURANCE.  THE APPLICATION       353          

SHALL BE ON A FORM FURNISHED BY THE SUPERINTENDENT AND BE          354          

ACCOMPANIED BY A STATEMENT UNDER OATH BY THE APPLICANT WHICH       355          

GIVES THE APPLICANT'S NAME, AGE, RESIDENCE, PRESENT OCCUPATION,    356          

OCCUPATION FOR THE FIVE YEARS NEXT PRECEDING THE DATE OF THE       357          

APPLICATION, AND SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY  358          

REQUIRE.                                                                        

      THE APPLICANT SHALL ALSO REQUEST A CRIMINAL RECORDS CHECK    360          

CONDUCTED BY THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL          362          

IDENTIFICATION AND INVESTIGATION IN ACCORDANCE WITH SECTION                     

109.572 OF THE REVISED CODE, AND SUBMIT THE BUREAU'S WRITTEN       364          

RESPONSE TO THAT REQUEST, ON A FORM ACCEPTABLE TO THE              365          

SUPERINTENDENT OF INSURANCE, WITH THE APPLICATION.  THE FAILURE    366          

OF AN APPLICANT TO SUBMIT THE BUREAU'S RESPONSE TO THE                          

APPLICANT'S REQUEST FOR A CRIMINAL RECORDS CHECK IS GROUNDS TO     367          

REFUSE TO ISSUE A LICENSE UNDER THIS SECTION.  THE APPLICANT       369          

SHALL PAY ANY FEE REQUIRED BY THE BUREAU FOR CONDUCTING THE        370          

CRIMINAL RECORDS CHECK.                                                         

      IF THE APPLICANT WITHIN THE PRECEDING TWO YEARS HAS NOT      372          

BEEN LICENSED AS AN INSURANCE AGENT, THE APPLICANT SHALL SUBMIT    373          

TO A HEARING AND EXAMINATION AS TO THE QUALIFICATIONS SET FORTH    374          

IN DIVISION (B) OF THIS SECTION.  THE EXAMINATION AND HEARING      376          

SHALL BE HELD AND A DECISION RENDERED BY THE SUPERINTENDENT OF     377          

INSURANCE WITHIN FORTY-FIVE DAYS AFTER THE DATE OF APPLICATION     378          

FOR A LICENSE.                                                                  

      (B)  THE SUPERINTENDENT OF INSURANCE SHALL ISSUE TO AN       381          

APPLICANT A LICENSE THAT STATES IN SUBSTANCE THAT THE PERSON IS    382          

AUTHORIZED TO DO THE BUSINESS OF AN OTHER THAN LIFE INSURANCE      383          

AGENT IN THIS STATE, IF THE SUPERINTENDENT IS SATISFIED THAT THE   384          

APPLICANT IS A SUITABLE PERSON AND INTENDS TO HOLD SELF OUT IN     385          

                                                          9      

                                                                 
GOOD FAITH AS AN AGENT; THAT THE APPLICANT IS HONEST,              386          

TRUSTWORTHY, AND UNDERSTANDS THE DUTIES AND OBLIGATIONS OF AN      387          

AGENT, AND IS FAMILIAR WITH THE INSURANCE LAWS OF THIS STATE AND   388          

WITH THE TERMS AND PROVISIONS OF THE POLICIES AND CONTRACTS OF     389          

INSURANCE THE APPLICANT PROPOSES TO EFFECT; THAT IN APPLYING FOR   390          

THE LICENSE IT IS NOT THE APPLICANT'S PURPOSE OR INTENTION         391          

PRINCIPALLY TO SOLICIT OR PLACE INSURANCE ON THE APPLICANT'S OWN   392          

PROPERTY OR THAT OF RELATIVES, EMPLOYERS, OR EMPLOYEES OR THAT     393          

FOR WHICH THEY OR THE APPLICANT IS AGENT, CUSTODIAN, VENDOR,       394          

BAILEE, TRUSTEE, OR PAYEE; AND THAT THE APPLICANT HAS COMPLETED    395          

THE EDUCATIONAL REQUIREMENTS SET FORTH IN SECTION 3905.48 OF THE   396          

REVISED CODE.                                                                   

      THE SUPERINTENDENT MAY SUSPEND OR REVOKE SUCH A LICENSE AS   398          

PROVIDED IN SECTION 3905.482 OF THE REVISED CODE, AND MAY          401          

SUSPEND, REVOKE, REFUSE TO CONTINUE, OR REFUSE TO ISSUE SUCH A     402          

LICENSE AS PROVIDED IN SECTION 3905.49 OF THE REVISED CODE.        405          

UNLESS REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR SURRENDERED   406          

BY THE AGENT, SUCH A LICENSE CONTINUES IN FORCE FOR THE LIFE OF    407          

THE AGENT.                                                                      

      (C)(1)  EACH INSURANCE COMPANY SHALL CERTIFY TO THE          410          

SUPERINTENDENT OF INSURANCE BEFORE THE THIRTIETH DAY OF JUNE EACH  411          

YEAR THE NAMES AND ADDRESSES OF THE AGENTS FOR WHOM IT REQUESTS    412          

APPOINTMENTS OR THE CONTINUANCE OF APPOINTMENTS.  EXCEPT AS        413          

PROVIDED IN SECTION 3905.012 OF THE REVISED CODE, ALL DOMESTIC,    415          

FOREIGN, AND ALIEN COMPANIES SHALL PAY TO THE SUPERINTENDENT A     416          

FEE OF TWENTY DOLLARS FOR EVERY SUCH APPOINTMENT WHEN ISSUED AND   417          

FOR EACH CONTINUANCE THEREAFTER. SUCH AN APPOINTMENT, UNLESS       418          

CANCELED BY THE INSURANCE COMPANY, MAY BE CONTINUED IN FORCE PAST  420          

THE THIRTIETH DAY OF JUNE NEXT AFTER ITS ISSUE AND AFTER THE       421          

THIRTIETH DAY OF JUNE OF EACH SUCCEEDING YEAR PROVIDED THAT THE    423          

APPOINTEE IS LICENSED AND IS ELIGIBLE FOR THE APPOINTMENT.         424          

      (2)  AN INSURANCE COMPANY SHALL BE BOUND BY THE ACTS OF THE  427          

PERSON NAMED IN THE APPOINTMENT WITHIN THAT PERSON'S APPARENT      428          

AUTHORITY AS ITS AGENT.                                                         

                                                          10     

                                                                 
      (3)  DIVISION (C) OF THIS SECTION DOES NOT APPLY TO LIFE     431          

INSURANCE COMPANIES, INCLUDING FRATERNALS, NOR TO DOMESTIC MUTUAL  432          

PROTECTIVE ASSESSMENT FIRE ASSOCIATIONS AS DEFINED IN SECTION      433          

3939.01 OF THE REVISED CODE.                                       435          

      (D)  EACH LICENSED AGENT SHALL NOTIFY THE SUPERINTENDENT OF  438          

INSURANCE OF ANY CHANGE IN THE AGENT'S RESIDENTIAL OR BUSINESS     439          

ADDRESS NO LATER THAN THIRTY DAYS AFTER THE CHANGE.                440          

      (E)  THE SUPERINTENDENT OF INSURANCE MAY PRESCRIBE THE       443          

FORMS TO BE USED AS EVIDENCE OF THE ISSUANCE OF LICENSES AND       444          

APPOINTMENTS UNDER THIS SECTION AND MAY ISSUE ONE OR MORE          445          

CERTIFICATES, IN A FORM SUITABLE FOR OFFICE DISPLAY, TO COVER ANY  446          

NUMBER OF INSURANCE COMPANIES WITH WHICH AN AGENT HAS              447          

APPOINTMENTS.                                                                   

      (F)(1)  THE SUPERINTENDENT OF INSURANCE SHALL NOT ISSUE OR   450          

CONTINUE THE LICENSE OF A CORPORATION, PARTNERSHIP, OR LIMITED     451          

LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THIS OR ANY OTHER    452          

STATE UNLESS THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY    453          

COMPANY IS QUALIFIED TO DO BUSINESS IN THIS STATE UNDER THE        454          

APPLICABLE PROVISIONS OF TITLE XVII OF THE REVISED CODE.           458          

      (2)  THE FAILURE OF A CORPORATION, PARTNERSHIP, OR LIMITED   461          

LIABILITY COMPANY TO BE IN GOOD STANDING WITH THE SECRETARY OF     462          

STATE OR TO MAINTAIN A VALID APPOINTMENT OF STATUTORY AGENT IS     463          

GROUNDS FOR SUSPENSION OR REVOCATION OF ITS LICENSE.               464          

      (3)  BY APPLYING FOR A LICENSE AS AN AGENT UNDER THIS        466          

SECTION, AN INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LIMITED       467          

LIABILITY COMPANY CONSENTS TO THE JURISDICTION OF THE COURTS OF    468          

THIS STATE.                                                        469          

      Sec. 3905.02 3905.03.  (A)  Any agent authorized and         478          

licensed as provided in section 3905.01 3905.02 of the Revised     480          

Code, and representing APPOINTED TO REPRESENT one or more          482          

insurance corporations within this state, may employ APPOINT as    484          

many solicitors as the agent desires to represent the agent and                 

the agent's agency, but such THE solicitors shall not represent    485          

themselves, by advertisement or otherwise, as agents of insurance  487          

                                                          11     

                                                                 
companies for which their employer may be the authorized agent,    488          

and such THE solicitors shall in all instances represent           489          

themselves only as solicitors for said THE agent.  Upon            490          

      EACH AGENT THAT EMPLOYS A PERSON AS A SOLICITOR SHALL        493          

CERTIFY TO THE SUPERINTENDENT OF INSURANCE THAT THE PERSON IS      494          

COMPETENT, FINANCIALLY RESPONSIBLE, AND SUITABLE TO REPRESENT THE  495          

AGENT.  UPON written notice by any such agent that the agent has   497          

employed such a person as a solicitor, the superintendent of       498          

insurance shall issue to the solicitor a license AN APPOINTMENT    499          

in the form prepared by the superintendent, if the superintendent  501          

is satisfied that:                                                 502          

      (1)  The applicant is a suitable person and intends to hold  504          

self out in good faith as a solicitor;.                            505          

      (2)  The applicant is honest and trustworthy;.               507          

      (3)  The applicant has training or instruction in the        509          

business and understands the duties and obligations of a           510          

solicitor;.                                                        511          

      (4)  The applicant IS LICENSED UNDER SECTION 3905.02 OF THE  513          

REVISED CODE, is familiar with the insurance laws, and IS          515          

FAMILIAR with the provisions of the policies and contracts of                   

insurance the applicant proposes to solicit;.                      517          

      (5)  In applying for such license it IT is not THE           519          

appointee's purpose or intention principally to solicit or place   521          

insurance on THE appointee's own property or that of relatives,    522          

employers, or employees or that for which they or the appointee    523          

is agent, custodian, vendor, bailee, trustee, or payee.  Notice    524          

      (6)  ON AND AFTER JULY 1, 1987, THE APPLICANT HAS COMPLETED  528          

THE PRELICENSING EDUCATIONAL REQUIREMENTS SET FORTH IN SECTION     529          

3905.48 OF THE REVISED CODE.                                       531          

      NOTICE shall be upon a form furnished by the superintendent  535          

and shall be accompanied by a statement under oath by the          536          

solicitor which shall give GIVES the applicant's SOLICITOR'S       537          

name, age, residence, present occupation, the applicant's          540          

SOLICITOR'S occupation for the five years next preceding the date  541          

                                                          12     

                                                                 
of the notice, the kinds of insurance for which the applicant      542          

SOLICITOR wishes license to solicit, and such other information    544          

as the superintendent requires, upon a blank furnished by the      545          

superintendent.                                                                 

      (6)  On and after July 1, 1987, the applicant has completed  547          

the pre-licensing educational requirements set forth in section    548          

3905.48 of the Revised Code.                                       549          

      (B)  If such THE appointee within the preceding two years    551          

has not been appointed as a licensed IN THIS STATE AS AN           552          

insurance solicitor or has not had an appointment as a licensed    554          

insurance solicitor continued by an insurance agent licensed in    555          

this state FOR OTHER THAN LIFE INSURANCE UNDER SECTION 3905.02 OF  556          

THE REVISED CODE, the appointee shall submit to a hearing and      557          

examination as to the qualifications set forth in divisions        558          

(A)(1) to (5) of this section.                                                  

      (C)  For the purpose of licensing solicitors, insurance      560          

shall be considered as of three classes:  fire insurance,          561          

including marine and inland transportation; casualty insurance;    562          

and surety insurance.  A solicitor who did not hold a license as   563          

solicitor prior to January 1, 1967, may be licensed APPOINTED      564          

only if the solicitor is qualified for the same class or classes   567          

of insurance for which the agent employing the solicitor is        568          

licensed.  Each solicitor's license shall state the class or       570          

classes A SOLICITOR MAY SOLICIT ONLY THOSE LINES OF INSURANCE for  571          

which issued and no BOTH THE solicitor shall be licensed for AND   572          

the same kind of insurance by more than one APPOINTING agent ARE   574          

LICENSED.  Unless such license NO SOLICITOR SHALL BE APPOINTED BY  576          

MORE THAN ONE AGENT.                                               577          

      UNLESS THE SOLICITOR'S LICENSE is revoked or suspended by    580          

the superintendent or unless the agent by written notice to the    581          

superintendent cancels the solicitor's authority as such                        

solicitor, or unless such license is canceled by the               582          

superintendent upon written notice from the solicitor that the     583          

solicitor's authority has been canceled by the agent, such         584          

                                                          13     

                                                                 
license and any other license issued to a solicitor APPOINTMENT    585          

may, in the discretion of the superintendent, and at the request   587          

of the agent who employs the solicitor and the payment of the      588          

required fee, be continued past the thirtieth day of June next     589          

after its issue and after the thirtieth day of June each           590          

succeeding year.  Each agent shall certify, to the superintendent  591          

of insurance, before the thirtieth day of June each year, the      592          

names and addresses of the solicitors the agent has employed       593          

during the preceding year, indicating those for whom the agent     594          

wishes licenses APPOINTMENTS to be continued.                      595          

      The agent giving written notice shall pay to the             597          

superintendent a fee of twenty dollars for every such license      598          

APPOINTMENT and for each continuance thereof.  The issuance of a   600          

solicitor's license APPOINTMENT shall be limited to a natural      601          

person who is a resident of this state or to a natural person who  603          

is employed by a licensed resident agent and is conducting         604          

business only from within this state.                                           

      The superintendent may suspend or revoke such a license as   606          

provided in section 3905.482 of the Revised Code, and may          607          

suspend, revoke, refuse to continue or renew, or refuse to issue   608          

such a license as provided in section 3905.49 of the Revised       609          

Code.                                                                           

      Sec. 3905.06.  Sections 3905.01 to 3905.06 of the Revised    618          

Code do not apply to companies or associations transacting the     619          

business of life insurance or their agent or to associations       621          

organized and operating under sections 3939.01 to 3939.09 of the   622          

Revised Code.                                                                   

      Sec. 3905.07.  No person shall act in this state as special  631          

representative, state agent, field representative, state,          632          

district, or local manager, or in any similar capacity by          633          

whatever title designated, unless the person is licensed by the    634          

superintendent of insurance.  Upon written notice by an insurance  635          

company authorized to transact business in this state of its       636          

employment of a person to act as such representative and that the  637          

                                                          14     

                                                                 
person's duties are to appoint, supervise, or dismiss agents, to   638          

aid them in soliciting, negotiating, and receiving applications    639          

of and handling orders for insurance, and to aid the employer      640          

generally in the transaction of its business in this state, but    641          

not to solicit insurance on that person's own behalf, the          642          

superintendent shall issue a license as special representative to  643          

such THE person.  Such THE license shall state in substance that   645          

the company is authorized to do business in this state and that    646          

the person named therein IN THE LICENSE is a constituted special   648          

representative of the company in this state in the transaction of  649          

such business within the person's apparent authority as the        650          

company is authorized to transact therein. If such THE special     651          

representative signs policies for the company, the special         653          

representative must qualify as an agent under section 3905.01      654          

3905.02 of the Revised Code. Unless the company, by written        655          

notice to the superintendent, cancels the special                  656          

representative's authority to act for it, such license may, in     657          

the discretion of the superintendent and at the request of the     658          

company and payment of the required fee, be continued past the     659          

thirtieth day of June next after issue and the thirtieth day of    660          

June of each succeeding year.  Each company shall pay a fee of     661          

five dollars for each such license and each continuance thereof.   662          

      Sec. 3905.18.  (A)  Upon written notice by AN APPLICANT FOR  671          

A LICENSE AS a life insurance company authorized to transact       673          

business in this state of its appointment of a person to act as    674          

its agent in this state, and upon issuance of the certificate      675          

verified by an executive officer or managing agent thereof, that   676          

such company has investigated the character and record of such     677          

person and satisfied itself that he is trustworthy and qualified   678          

to act as its agent, and that he has completed the educational     680          

requirements set forth in section 3905.48 of the Revised Code,     681          

SHALL SUBMIT TO the superintendent of insurance shall, on receipt  683          

of such certification, furnish to the agent an application for AN  684          

agent's license, which shall contain such questions touching the   685          

                                                          15     

                                                                 
applicant's fitness to be licensed as an agent as the              686          

superintendent determines.  If such appointee THE APPLICATION      687          

SHALL BE ACCOMPANIED BY A STATEMENT UNDER OATH BY THE APPLICANT    688          

THAT GIVES THE APPLICANT'S NAME, AGE, RESIDENCE, PRESENT           689          

OCCUPATION, OCCUPATION FOR THE FIVE YEARS NEXT PRECEDING THE DATE  690          

OF THE APPLICATION, AND SUCH OTHER INFORMATION AS THE              691          

SUPERINTENDENT MAY REQUIRE.                                                     

      THE APPLICANT SHALL ALSO REQUEST A CRIMINAL RECORDS CHECK    693          

CONDUCTED BY THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL          695          

IDENTIFICATION AND INVESTIGATION IN ACCORDANCE WITH SECTION                     

109.572 OF THE REVISED CODE, AND SUBMIT THE BUREAU'S WRITTEN       697          

RESPONSE TO THAT REQUEST, ON A FORM ACCEPTABLE TO THE              698          

SUPERINTENDENT OF INSURANCE, WITH THE APPLICATION.  THE FAILURE    699          

OF AN APPLICANT TO SUBMIT THE BUREAU'S RESPONSE TO THE                          

APPLICANT'S REQUEST FOR A CRIMINAL RECORDS CHECK IS GROUNDS TO     700          

REFUSE TO ISSUE A LICENSE UNDER THIS SECTION.  THE APPLICANT       702          

SHALL PAY ANY FEE REQUIRED BY THE BUREAU FOR CONDUCTING THE        703          

CRIMINAL RECORDS CHECK.                                                         

      IF THE APPLICANT within the preceding two years has not      707          

been appointed as a licensed AS A life insurance agent or has not  709          

had his appointment as a licensed life insurance agent continued   711          

by an insurance company authorized to transact business in this    712          

state, the appointee APPLICANT shall submit to an examination as   714          

to his THE APPLICANT'S knowledge of life and sickness and          715          

accident insurance and the laws of this state governing his        716          

activities as a life insurance agent.  Unless                      717          

      (B)  UNLESS it appears that the appointee APPLICANT is not   722          

of good reputation and character, is not a trustworthy person, is  723          

not suitable to be licensed, or has not completed such THE         724          

educational requirements SET FORTH IN SECTION 3905.48 OF THE       725          

REVISED CODE, the superintendent OF INSURANCE shall issue to him   726          

THE APPLICANT a license which shall state, in substance, that the  728          

company PERSON is authorized to do THE business OF A LIFE          730          

INSURANCE AGENT in this state, and that the person named therein   732          

                                                          16     

                                                                 
is a constituted agent of the company in this state for the        733          

transaction of such business.  Each notice and certificate shall   734          

be upon forms furnished by the superintendent and shall be         735          

accompanied by a statement under oath by the appointee which       736          

shall give his name, age, residence, present occupation,           738          

occupation for the five years next preceding the date of the       739          

notice, and such other information as the superintendent                        

requires, upon a blank furnished by him.                           740          

      (B)  The superintendent may suspend or revoke such a         742          

license as provided in section 3905.482 of the Revised Code, and   743          

may suspend, revoke, refuse to continue or renew, or refuse to     744          

issue such a license as provided in section 3905.49 of the         745          

Revised Code.  Every such UNLESS REVOKED OR SUSPENDED BY THE       746          

SUPERINTENDENT OR SURRENDERED BY THE AGENT, SUCH A LICENSE         747          

CONTINUES IN FORCE FOR THE LIFE OF THE AGENT.                      748          

      EACH insurance company shall, upon the termination of the    751          

employment APPOINTMENT of any such agent, forthwith file with the  753          

superintendent a statement of the termination of such employment   754          

THE APPOINTMENT.                                                                

      (C)  Upon written notice by a life insurance company         756          

authorized to transact business in this state of its appointment   757          

of a corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY to     758          

act as its agent in this state, the superintendent of insurance    760          

shall furnish such THE corporation, PARTNERSHIP, OR LIMITED        761          

LIABILITY COMPANY with an application for agent's license which    762          

shall contain such questions as will enable the superintendent to  763          

determine that such THE corporation, PARTNERSHIP, OR LIMITED       764          

LIABILITY COMPANY was organized for the purpose of acting as an    765          

insurance agent,; that each employee of such THE corporation,      767          

PARTNERSHIP, OR LIMITED LIABILITY COMPANY who will negotiate for,  768          

place, or renew policies or agreements of life insurance on        769          

behalf of such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY  770          

COMPANY has been issued a life insurance agent's license pursuant  771          

to division (A) of this section; that the voting shares of such    772          

                                                          17     

                                                                 
corporation are beneficially owned by natural persons who are      773          

residents of this state; that such THE corporation, PARTNERSHIP,   774          

OR LIMITED LIABILITY COMPANY and such THE life insurance company   776          

have executed a written agreement whereby the rights and duties    777          

of each are set forth; and that in applying for such THE license   778          

it is not the appointee's purpose or intention principally to      780          

solicit or place insurance on the lives of the appointee's         781          

officers, employees, or shareholders, or the lives of relatives    782          

of such officers, employees, or shareholders, or upon the lives    783          

of persons for whom they, their relatives, or the appointee is     784          

agent, custodian, vendor, bailee, trustee, or payee.  Unless it    785          

appears that such THE corporation, PARTNERSHIP, OR LIMITED         787          

LIABILITY COMPANY was not organized for such purpose or that each  788          

such employee has not been so licensed or that the voting shares   789          

of such corporation are not so beneficially owned or that such a   790          

written agreement has not been executed, the superintendent shall  791          

issue to such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY   792          

COMPANY a license which shall state STATES, in substance, that     793          

such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY    794          

is a life insurance agent.                                         795          

      (D)  If the superintendent of insurance, at any time         797          

subsequent to the issuance of a life insurance agent's license to  798          

a corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY, finds    799          

that such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY       801          

COMPANY has ceased to have as its purpose acting as an insurance   802          

agent or that each employee of such THE corporation, PARTNERSHIP,  803          

OR LIMITED LIABILITY COMPANY who negotiates for, places, or        804          

renews policies or agreements of life insurance on behalf of such  806          

THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY has     807          

not been issued a life insurance agent's license or that the       808          

voting shares of such corporation are not beneficially owned by    809          

natural persons who are residents of this state or that the        810          

principal use of such THE license has been to solicit, place, or   812          

effect insurance on the lives of the appointee's officers,         813          

                                                          18     

                                                                 
employees, or shareholders, or on the lives of the relatives of    814          

such officers, employees, or shareholders, or upon the lives of    815          

persons for whom they, or their relatives, or the appointee is     816          

agent, custodian, vendor, bailee, trustee, or payee, or for any    817          

other cause shown he, THE SUPERINTENDENT may after hearing revoke  819          

the life insurance agent's license issued to such THE              821          

corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY or suspend  822          

such THE license until such condition as he THE SUPERINTENDENT     823          

finds existing ceases to exist.  The finding of the                826          

superintendent, either in refusing to grant a license or in        827          

revoking a license, shall be in writing, and shall state the       828          

facts upon which his THE action is based.  The action of the       830          

superintendent in granting, revoking, continuing, or refusing to   831          

grant, revoke, or continue such THE license, shall be subject to   833          

review in accordance with Chapter 119. of the Revised Code.        834          

      (E)  Unless THE AGENT'S LICENSE IS revoked OR SUSPENDED by   836          

the superintendent OF INSURANCE, or unless the company by written  838          

notice to the superintendent cancels the agent's authority to act  839          

for it, a life insurance agent's license, and any other license    840          

issued to an agent APPOINTMENT may, in the discretion of the       842          

superintendent and at the request of the company and payment of    843          

the required fee, be continued past the thirtieth day of June      844          

next after its issue and after the thirtieth day of June in each   845          

succeeding year.  Except as provided in section 3905.011 3905.012  846          

of the Revised Code, all domestic, foreign, and alien companies    848          

shall pay a fee of twenty dollars for every such license           849          

APPOINTMENT and for each continuance thereafter.  While such       851          

license AN APPOINTMENT remains in force, a foreign company shall   853          

be bound by the acts of the person named therein IN THE            854          

APPOINTMENT, within his THE PERSON'S APPARENT authority as its     857          

acknowledged agent.                                                             

      (F)  The superintendent OF INSURANCE may prescribe the       859          

forms to be used as evidence of the issuance of licenses AND       860          

APPOINTMENTS under this section and may issue one or more          862          

                                                          19     

                                                                 
certificates, in a form suitable for office display, to cover any  863          

number of insurance companies with which an agent is licensed HAS  864          

APPOINTMENTS.                                                                   

      (G)(1)  THE SUPERINTENDENT OF INSURANCE SHALL NOT ISSUE OR   867          

CONTINUE THE LICENSE OF A CORPORATION, PARTNERSHIP, OR LIMITED     868          

LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THIS OR ANY OTHER    869          

STATE UNLESS THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY    870          

COMPANY IS QUALIFIED TO DO BUSINESS IN THIS STATE UNDER THE        871          

APPLICABLE PROVISIONS OF TITLE XVII OF THE REVISED CODE.           875          

      (2)  THE FAILURE OF A CORPORATION, PARTNERSHIP, OR LIMITED   878          

LIABILITY COMPANY TO BE IN GOOD STANDING WITH THE SECRETARY OF     879          

STATE OR TO MAINTAIN A VALID APPOINTMENT OF STATUTORY AGENT IS     880          

GROUNDS FOR SUSPENSION OR REVOCATION OF ITS LICENSE.               881          

      (3)  BY APPLYING FOR A LICENSE AS AN AGENT UNDER THIS        883          

SECTION, AN INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LIMITED       884          

LIABILITY COMPANY CONSENTS TO THE JURISDICTION OF THE COURTS OF    885          

THIS STATE.                                                        886          

      Sec. 3905.20.  (A)  Any person licensed as a life insurance  895          

agent for a life insurance company authorized to deliver or issue  896          

for delivery in this state SHALL, UPON SATISFACTORY COMPLETION OF  898          

AN EXAMINATION AS TO THE PERSON'S KNOWLEDGE OF policies,           900          

annuities, or AND other contracts providing variable or fixed and  901          

variable benefits or contractual payments ISSUED BY LIFE           902          

INSURANCE COMPANIES pursuant to section 3911.011 of the Revised    903          

Code shall, upon written application of such company,              904          

satisfactory completion of an examination as to his knowledge of   906          

such policies, annuities, and contracts and the nature thereof,    907          

payment of the required fee, and compliance with the               908          

pre-licensing PRELICENSING educational requirements of section     909          

3905.48 of the Revised Code, be licensed by the superintendent of  911          

insurance as a variable contract agent.                            912          

      (B)  The superintendent may suspend or revoke such a         914          

license as provided in section 3905.482 of the Revised Code, and   915          

may suspend, revoke, refuse to continue or renew, or refuse to     916          

                                                          20     

                                                                 
issue such a license as provided in section 3905.49 of the         917          

Revised Code.  Revocation of such THE person's license as a life   918          

insurance agent or failure to renew such license is cause for      919          

revoking such THE person's license as a variable contract agent.   920          

Every such UNLESS REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR    921          

SURRENDERED BY THE AGENT, A VARIABLE CONTRACT AGENT'S LICENSE      922          

CONTINUES IN FORCE FOR THE LIFE OF THE AGENT.                      923          

      EACH LIFE insurance company shall, upon termination of the   925          

employment APPOINTMENT of any such person as a variable contract   926          

agent, forthwith file with the superintendent a statement of the   928          

termination of such employment THE APPOINTMENT.                    929          

      (C)  Any corporation, PARTNERSHIP, OR LIMITED LIABILITY      931          

COMPANY licensed as a life insurance agent for AND APPOINTED BY a  933          

life insurance company authorized to deliver or issue for          935          

delivery in this state policies, annuities, or other contracts     936          

providing variable or fixed and variable benefits or contractual   937          

payments pursuant to section 3911.011 of the Revised Code, may,    938          

upon written application of such company and upon a proper         939          

showing that all of such THE corporation's, PARTNERSHIP'S, OR      941          

LIMITED LIABILITY COMPANY'S employees who will negotiate for,      942          

place, or renew any such policies, annuities, or contracts on      943          

behalf of such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY  944          

COMPANY have been issued licenses as variable contract agents      946          

pursuant to division (A) of this section, be licensed by the       947          

superintendent of insurance as a variable contract agent.          948          

      (D)  The superintendent of insurance may, for cause shown    950          

and after hearing, revoke the variable contract agent's license    951          

issued to such corporation, PARTNERSHIP, OR LIMITED LIABILITY      952          

COMPANY, or suspend such THE license until such condition as he    955          

THE SUPERINTENDENT finds existing ceases to exist.  The            956          

revocation or suspension of such THE corporation's,                957          

PARTNERSHIP'S, OR LIMITED LIABILITY COMPANY'S license as a life    958          

insurance agent or failure to renew such license shall be cause    960          

for revoking or suspending, as the case may be, such THE           961          

                                                          21     

                                                                 
corporation's, PARTNERSHIP'S, OR LIMITED LIABILITY COMPANY'S       962          

license as a variable contract agent.  The finding of the          963          

superintendent, either in refusing to grant a license or in        964          

revoking a license, shall be in writing and state the facts upon   965          

which his THE SUPERINTENDENT'S action is based.  The action of     966          

the superintendent in granting, revoking, continuing, or refusing  968          

to grant, revoke, or continue such license, shall be subject to    969          

review in accordance with Chapter 119. of the Revised Code.        970          

      (E)  Unless revoked or suspended by the superintendent OR    972          

SURRENDERED BY THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY  973          

COMPANY, or unless the company by written notice to the            974          

superintendent cancels the agent's authority to act for it, a      975          

variable contract agent's license, and any other license issued    976          

to an agent may, in the discretion of the superintendent and at    977          

the request of the company and payment of the required fee, be     978          

CONTINUES IN FORCE UNTIL THE CORPORATION, PARTNERSHIP, OR LIMITED  979          

LIABILITY COMPANY CEASES TO EXIST.                                 980          

      (F)  EACH LIFE INSURANCE COMPANY SHALL CERTIFY TO THE        983          

SUPERINTENDENT BEFORE THE THIRTIETH DAY OF JUNE EACH YEAR THE      985          

NAMES AND ADDRESSES OF THE VARIABLE CONTRACT AGENTS FOR WHOM IT    986          

REQUESTS APPOINTMENTS OR THE CONTINUANCE OF APPOINTMENTS.  SUCH    987          

AN APPOINTMENT, UNLESS CANCELED BY THE INSURANCE COMPANY, MAY BE   988          

continued IN FORCE past the thirtieth day of June next after its   990          

issue and after the thirtieth day of June in each succeeding       991          

year.  Except as provided in section 3905.011 3905.012 of the      992          

Revised Code, all domestic, foreign, and alien companies shall     994          

pay a fee of twenty dollars for every such license APPOINTMENT     995          

WHEN ISSUED and for each continuance thereafter.  While such       997          

license APPOINTMENT remains in force, a foreign company shall be   999          

bound by the acts of the person named therein IN THE APPOINTMENT,  1,001        

within his THE PERSON'S APPARENT authority as its authorized       1,003        

agent.                                                                          

      Sec. 3905.27.  The superintendent of insurance may open an   1,012        

account in the name of each insurance company authorized to do     1,013        

                                                          22     

                                                                 
business in this state and in the name of any authorized           1,014        

insurance agent, and charge said THE accounts with all fees        1,015        

incurred by such companies or agents in accordance with sections   1,017        

3905.01, 3905.02, 3905.03, 3905.07, 3905.26, 3919.26, and 3931.03  1,018        

of the Revised Code, and other statutes imposing fees.  The        1,020        

statutory fee for each service requested shall be charged against  1,021        

the proper account forthwith upon the rendition of the service.    1,022        

      Not later than the tenth day of each calendar month the      1,024        

superintendent shall render an itemized statement to each company  1,025        

or agent whose account has been charged during the month next      1,026        

preceding, showing the amount of all fees charged during said      1,027        

THAT month and demanding that payment thereof be made not later    1,029        

than the first day of the month next following.                    1,030        

      The failure of any insurance company within said THAT time   1,032        

to pay the amount of such fees in accordance with such THE         1,033        

monthly statement, or, if said THE statement or account is found   1,034        

to be incorrect, in accordance with a corrected monthly statement  1,035        

rendered by the superintendent, is grounds for the revocation of   1,036        

its certificate of authority to do business in this state.  In     1,037        

the event of such an order of revocation, the superintendent       1,038        

shall forthwith cause a notice thereof to be published once in at  1,039        

least one newspaper at the seat of the government and also, if a   1,040        

domestic company, once in at least one newspaper published in the  1,041        

county where its home office is located, or, if a foreign or       1,042        

alien company, once in at least one newspaper published in a       1,043        

county of this state where an agency of such THE company is        1,044        

located. After the publication of such THE notice, no agent of     1,046        

such THE company shall procure applications for insurance or       1,048        

issue policies.                                                                 

      In the event of the failure of any agent within the time     1,050        

fixed to pay the amount of fees charged against his THE AGENT'S    1,051        

account in accordance with the monthly statement rendered by the   1,053        

superintendent, such THE agent's license may be revoked in the     1,054        

manner provided by sections 3905.01 3905.02 and 3905.18 of the     1,056        

                                                          23     

                                                                 
Revised Code.                                                      1,057        

      Sec. 3905.40.  The superintendent of insurance shall issue   1,066        

no A NONRESIDENT license to any person as agent of an insurance    1,068        

company if such person WHO is a resident of a ANOTHER state        1,070        

which, by its laws, prohibits residents of this state from acting               

as agents of insurance companies in such state; if the             1,071        

superintendent is satisfied that any person holding a license as   1,072        

such agent is a resident of such state, he shall revoke such       1,074        

license OR A PROVINCE OF CANADA, IF THE PERSON DEMONSTRATES        1,076        

COMPLIANCE WITH THE RELEVANT LAWS OF THAT STATE OR PROVINCE AND    1,077        

IF THE LAWS OF THAT STATE OR PROVINCE PROVIDE FOR THE ISSUANCE OF  1,078        

A SIMILAR LICENSE TO AN OHIO RESIDENT WHO DEMONSTRATES COMPLIANCE  1,080        

WITH THE RELEVANT LAWS OF THIS STATE.                                           

      Sec. 3905.471.  (A)  NO INDIVIDUAL, CORPORATION,             1,082        

PARTNERSHIP, LIMITED LIABILITY COMPANY, OR ASSOCIATION SHALL ACT   1,083        

AS AN INSURANCE AGENT, OR ADVERTISE OR ASSUME TO ACT AS AN         1,084        

INSURANCE AGENT, WITHOUT FIRST BEING LICENSED IN ACCORDANCE WITH   1,085        

THIS CHAPTER.                                                                   

      (B)  WHOEVER VIOLATES THIS SECTION IS GUILTY OF A            1,087        

MISDEMEANOR OF THE FIRST DEGREE.                                   1,088        

      Sec. 3905.481.  (A)(1)  Except as provided in division (B)   1,097        

of this section, each person who is issued a license as an agent   1,098        

or solicitor on and OR after July 1, 1993, THE EFFECTIVE DATE OF   1,100        

THIS AMENDMENT shall complete in accordance with division (A)(1)   1,101        

of this section at least thirty hours of continuing education      1,102        

instruction offered in a course or program of study approved by    1,103        

the superintendent of insurance in consultation with the           1,104        

insurance agent education advisory council.  The person shall      1,105        

complete the initial thirty hours of continuing education          1,107        

instruction during a period not to exceed twenty-four months       1,108        

commencing on the first day of January of PERSON'S BIRTHDAY IN     1,109        

the year immediately following the year of the issuance of the     1,110        

license and ending on the thirty-first day of December of          1,111        

PERSON'S BIRTHDAY IN the second THIRD year following the year of   1,113        

                                                          24     

                                                                 
the issuance of the license.  Thereafter, the person shall         1,114        

complete at least thirty hours of continuing education             1,115        

instruction in every subsequent twenty-four-month period           1,116        

commencing on the first day of January and ending on the                        

thirty-first day of December of the following year.                1,117        

      (2)  Except as provided in division (B) of this section,     1,119        

each person who, on July 1, 1993 THE EFFECTIVE DATE OF THIS        1,120        

AMENDMENT, holds a license as an agent or solicitor issued prior   1,122        

to that date shall complete, no later than December 31, 1995, at   1,123        

least thirty hours of continuing education instruction offered in  1,124        

a course or program of study approved by the superintendent in     1,125        

consultation with the council, AS FOLLOWS:                                      

      (a)  IF THE PERSON HAS BEEN LICENSED CONTINUOUSLY SINCE AT   1,127        

LEAST DECEMBER 31, 1993, THIRTY HOURS OF CONTINUING EDUCATION      1,128        

BETWEEN JANUARY 1, 1996, AND THE PERSON'S BIRTHDAY IN 1998;        1,129        

      (b)  IF THE PERSON WAS FIRST LICENSED IN 1994 OR 1996 AND    1,131        

HAS BEEN LICENSED CONTINUOUSLY SINCE THEN, THIRTY HOURS OF         1,132        

CONTINUING EDUCATION BETWEEN JANUARY 1, 1997, AND THE PERSON'S     1,133        

BIRTHDAY IN 1999;                                                               

      (c)  IF THE PERSON WAS FIRST LICENSED IN 1995 AND HAS BEEN   1,135        

CONTINUOUSLY LICENSED SINCE THEN, THIRTY HOURS OF CONTINUING       1,136        

EDUCATION BETWEEN JANUARY 1, 1998, AND THE PERSON'S BIRTHDAY IN    1,137        

2000.  Thereafter                                                  1,138        

      THEREAFTER, the person shall complete at least thirty hours  1,141        

of such continuing education instruction in every subsequent       1,142        

twenty-four-month period commencing on the first day of January    1,143        

of every even-numbered year and ending on the thirty-first day of  1,144        

December of every odd-numbered year PERSON'S BIRTHDAY.             1,145        

      (B)  Division (A) of this section does not apply to any      1,147        

person or class of persons, as determined by the superintendent    1,148        

in consultation with the council.                                  1,149        

      (C)  A person may comply with division (A) of this section   1,151        

by demonstrating to the council that the person has completed the  1,154        

minimum number of hours required by that division in a             1,155        

                                                          25     

                                                                 
substantially similar course or program of study offered in        1,156        

another state.                                                                  

      Sec. 3905.49.  (A)  AS USED IN THIS SECTION:                 1,166        

      (1)  "INSURER" HAS THE SAME MEANING AS IN SECTION 3901.32    1,169        

OF THE REVISED CODE.                                               1,170        

      (2)  "REFUSAL TO ISSUE OR RENEW" MEANS THE DECISION OF THE   1,173        

SUPERINTENDENT OF INSURANCE NOT TO PROCESS EITHER THE INITIAL      1,174        

APPLICATION FOR A LICENSE OR APPOINTMENT AS AN AGENT OR                         

SOLICITOR, OR THE RENEWAL OF SUCH A LICENSE OR APPOINTMENT.        1,176        

      (3)  "REVOCATION" MEANS THE PERMANENT TERMINATION OF ALL     1,179        

AUTHORITY TO HOLD ANY LICENSE OR APPOINTMENT AS AGENT OR                        

SOLICITOR IN THIS STATE.                                           1,180        

      (4)  "SURRENDER FOR CAUSE" MEANS THE VOLUNTARY TERMINATION   1,183        

OF ALL AUTHORITY TO HOLD ANY LICENSE OR APPOINTMENT AS AGENT OR    1,184        

SOLICITOR IN THIS STATE, IN LIEU OF A REVOCATION OR SUSPENSION     1,185        

ORDER.                                                                          

      (5)  "SUSPENSION" MEANS THE TERMINATION OF ALL AUTHORITY TO  1,188        

HOLD ANY LICENSE OR APPOINTMENT AS AGENT OR SOLICITOR IN THIS      1,189        

STATE, FOR EITHER A SPECIFIED PERIOD OF TIME OR AN INDEFINITE      1,190        

PERIOD OF TIME AND UNDER ANY TERMS OR CONDITIONS DETERMINED BY     1,191        

THE SUPERINTENDENT.                                                             

      (B)  The superintendent of insurance may suspend, revoke,    1,195        

refuse to continue or renew, or refuse to issue OR RENEW any       1,196        

license as an agent, SURPLUS LINE BROKER, or solicitor LIMITED     1,197        

INSURANCE REPRESENTATIVE, OR IMPOSE ANY OTHER SANCTION AUTHORIZED  1,198        

under this chapter, if the superintendent finds any FOR one or     1,200        

more of the following REASONS:                                     1,201        

      (1)  The person has made a false OBTAINING OR ATTEMPTING TO  1,204        

OBTAIN ANY LICENSE OR APPOINTMENT THROUGH MISREPRESENTATION OR     1,205        

FRAUD, INCLUDING MAKING ANY MATERIALLY UNTRUE statement with       1,207        

respect to a material matter in the license AN application FOR A   1,208        

LICENSE OR APPOINTMENT;                                            1,209        

      (2)  Any cause for which issuance of the license could have  1,211        

been refused had it existed and been known to the superintendent   1,212        

                                                          26     

                                                                 
at the time of issuance;                                           1,213        

      (3)  The person has violated VIOLATING or failed FAILING to  1,216        

comply with any insurance law or any lawful, rule, SUBPOENA,       1,217        

CONSENT AGREEMENT, or order of the superintendent or the           1,219        

commissioner of insurance of another state;                                     

      (4)  The person has obtained or attempted to obtain any      1,221        

such license through mispresentation or fraud;                     1,222        

      (5)  The person has improperly withheld, misappropriated,;   1,224        

      (3)  MISAPPROPRIATING or converted CONVERTING to the         1,227        

person's own use any moneys belonging to policyholders, insurers   1,229        

PROSPECTIVE POLICYHOLDERS, beneficiaries, INSURANCE COMPANIES, or  1,230        

others received in the course of the person's insurance business;  1,231        

      (4)  FAILING TO TIMELY SUBMIT AN APPLICATION FOR INSURANCE.  1,234        

FOR PURPOSES OF DIVISION (B)(4) OF THIS SECTION, A SUBMISSION IS   1,236        

CONSIDERED TIMELY IF IT OCCURS WITHIN THE TIME PERIOD EXPRESSLY    1,237        

PROVIDED FOR BY THE INSURER, OR WITHIN SEVEN DAYS AFTER THE AGENT  1,238        

ACCEPTS A PREMIUM OR AN ORDER TO BIND FROM A POLICYHOLDER OR       1,239        

APPLICANT, WHICHEVER IS LATER.                                                  

      (6)  The person has knowingly misrepresented (5)  KNOWINGLY  1,242        

MISREPRESENTING the terms, BENEFITS, VALUE, COST, OR EFFECTIVE     1,243        

DATES of any actual or proposed insurance policy or contract;      1,244        

      (7)  The person has been (6)  BEING convicted of a felony.   1,247        

If a person has been convicted of a felony based on evidence of    1,249        

acts or omissions related to the insurance business, the           1,250        

superintendent shall revoke any license issued to such person for  1,251        

a period of not less than two years.  If the person did not hold   1,252        

a license at the time of the conviction, no license shall be       1,253        

issued to the person for a period of two years after the date of   1,254        

the conviction.;                                                   1,255        

      (8)  The person is guilty of (7)  BEING CONVICTED OF A       1,257        

MISDEMEANOR THAT INVOLVES THE MISUSE OR THEFT OF MONEY OR          1,259        

PROPERTY BELONGING TO ANOTHER, FRAUD, FORGERY, DISHONEST ACTS, OR  1,260        

BREACH OF A FIDUCIARY DUTY, OR THAT IS BASED ON ANY ACT OR         1,261        

OMISSION RELATING TO THE BUSINESS OF INSURANCE, SECURITIES, OR     1,262        

                                                          27     

                                                                 
FINANCIAL SERVICES;                                                             

      (9)(8)  COMMITTING an unfair or deceptive trade act          1,266        

practice or fraud under any section of Title XXXIX of the Revised  1,267        

Code OR ANY RULE ADOPTED THEREUNDER;                                            

      (9)  In the conduct of the person's affairs under a          1,269        

license, the person has used fraudulent, coercive, or dishonest    1,270        

practices, or is incompetent, untrustworthy, or financially        1,271        

irresponsible;                                                     1,272        

      (10)  The person's HAVING AN INSURANCE license has been      1,274        

suspended or revoked in any other state, province, district, or    1,276        

territory;                                                                      

      (11)  The person has forged (10)  FORGING OR CAUSING THE     1,278        

FORGERY OF another's name to ANY DOCUMENT RELATED TO OR USED IN    1,280        

an application for insurance TRANSACTION;                          1,281        

      (12)  The person has cheated (11)  POSSESSING OR USING ANY   1,284        

UNAUTHORIZED MATERIALS DURING A LICENSING OR CONTINUING EDUCATION  1,285        

EXAMINATION OR CHEATING on an A LICENSING OR CONTINUING EDUCATION  1,286        

examination for an insurance license                               1,287        

      (B)  The license of a partnership or corporation may be      1,289        

suspended, revoked, or refused if the superintendent finds, after  1,290        

notice and hearing under Chapter 119. of the Revised Code, that    1,291        

an individual licensee's violation was known or should have been   1,292        

known by one or more of the partners, officers, directors, or      1,293        

managers acting on behalf of the partnership or corporation and    1,294        

such violation was not reported to the department of insurance or  1,295        

corrective action taken in relation to the violation;              1,296        

      (12)  FAILING TO DISCLOSE TO AN APPLICANT FOR INSURANCE OR   1,299        

POLICYHOLDER UPON ACCEPTING A PREMIUM OR AN ORDER TO BIND          1,300        

COVERAGE FROM THE APPLICANT OR POLICYHOLDER, THAT THE PERSON HAS   1,301        

NOT BEEN APPOINTED AS AGENT BY THE INSURER AND IS NOT AN           1,302        

APPOINTED SOLICITOR OF AN APPOINTED AGENT;                                      

      (13)  HAVING ANY PROFESSIONAL LICENSE SUSPENDED OR REVOKED   1,305        

AS A RESULT OF A MISHANDLING OF FUNDS OR BREACH OF FIDUCIARY       1,306        

RESPONSIBILITIES;                                                  1,307        

                                                          28     

                                                                 
      (14)  CAUSING OR PERMITTING A POLICYHOLDER OR APPLICANT FOR  1,310        

INSURANCE TO DESIGNATE THE PERSON OR THE PERSON'S SPOUSE, PARENT,  1,311        

CHILD, OR SIBLING AS THE BENEFICIARY OF A POLICY OR ANNUITY SOLD   1,312        

BY THE PERSON, UNLESS THE PERSON OR A RELATIVE OF THE PERSON IS    1,313        

THE INSURED OR APPLICANT;                                                       

      (15)  FAILING TO PROVIDE A WRITTEN RESPONSE TO THE           1,315        

DEPARTMENT OF INSURANCE WITHIN THIRTY DAYS AFTER RECEIPT OF ANY    1,317        

WRITTEN INQUIRY FROM THE DEPARTMENT;                                            

      (16)  FAILING TO PROVIDE THE DEPARTMENT WITH WRITTEN NOTICE  1,320        

OF ANY CHANGE IN THE PERSON'S RESIDENTIAL OR BUSINESS ADDRESS      1,321        

WITHIN THIRTY DAYS AFTER THE CHANGE OCCURS;                        1,322        

      (17)  TRANSFERRING OR PLACING INSURANCE WITH AN INSURER      1,324        

OTHER THAN THE INSURER EXPRESSLY CHOSEN BY THE APPLICANT FOR       1,325        

INSURANCE OR POLICYHOLDER WITHOUT THE PRIOR CONSENT OF THE         1,326        

APPLICANT OR POLICYHOLDER OR ABSENT EXTENUATING CIRCUMSTANCES;     1,327        

      (18)  ENGAGING IN ANY FRAUDULENT COERCIVE PRACTICE IN        1,330        

CONNECTION WITH THE BUSINESS OF INSURANCE;                                      

      (19)  FAILING TO INFORM A POLICYHOLDER OR APPLICANT FOR      1,332        

INSURANCE OF THE IDENTITY OF THE INSURER OR INSURERS, OR THE       1,333        

IDENTITY OF ANY OTHER INSURANCE AGENCY, GENERAL AGENT, SURPLUS     1,334        

LINE BROKER, OR LICENSEE KNOWN TO BE INVOLVED IN PROCURING,        1,335        

PLACING, OR CONTINUING THE INSURANCE FOR THE POLICYHOLDER OR       1,336        

APPLICANT, UPON THE BINDING OF THE COVERAGE;                       1,337        

      (20)  IN THE CASE OF AN AGENT THAT IS A CORPORATION,         1,339        

LIMITED LIABILITY COMPANY, OR PARTNERSHIP, FAILING TO REPORT AN    1,340        

INDIVIDUAL LICENSEE'S VIOLATION TO THE DEPARTMENT WHEN THE         1,341        

VIOLATION WAS KNOWN OR SHOULD HAVE BEEN KNOWN BY ONE OR MORE OF    1,342        

THE PARTNERS, OFFICERS, MANAGERS, OR MEMBERS OF THE CORPORATION,   1,343        

LIMITED LIABILITY COMPANY, OR PARTNERSHIP;                         1,344        

      (21)  SUBMITTING OR USING A DOCUMENT IN THE CONDUCT OF THE   1,347        

BUSINESS OF INSURANCE WHEN THE PERSON KNEW OR SHOULD HAVE KNOWN    1,348        

THAT THE DOCUMENT CONTAINED THE FORGED SIGNATURE OF ANOTHER        1,349        

PERSON;                                                                         

      (22)  MISREPRESENTING THE PERSON'S QUALIFICATIONS OR USING   1,352        

                                                          29     

                                                                 
IN ANY WAY A PROFESSIONAL DESIGNATION THAT HAS NOT BEEN CONFERRED  1,353        

UPON THE PERSON BY THE APPROPRIATE ACCREDITING ORGANIZATION;       1,354        

      (23)  OBTAINING A PREMIUM LOAN OR CAUSING A PREMIUM LOAN TO  1,357        

BE MADE TO OR IN THE NAME OF AN INSURED WITHOUT THAT PERSON'S      1,358        

KNOWLEDGE AND WRITTEN AUTHORIZATION;                                            

      (24)  FAILING TO NOTIFY THE SUPERINTENDENT OF ANY            1,360        

DISCIPLINARY ACTION TAKEN BY THE INSURANCE AUTHORITY OF ANOTHER    1,361        

STATE WITHIN SIXTY DAYS AFTER THE ACTION WAS TAKEN;                1,362        

      (25)  FAILING TO FILE ANY OF THE REPORTS OR NOTICES          1,364        

REQUIRED UNDER THIS CHAPTER;                                       1,365        

      (26)  SUBMITTING AN APPLICATION FOR INSURANCE, OR CAUSING    1,368        

THE ISSUANCE OF AN INSURANCE POLICY OR CONTRACT, ON BEHALF OF AN   1,369        

APPLICANT WHO DID NOT REQUEST OR AUTHORIZE THE INSURANCE.          1,370        

DIVISION (B)(26) OF THIS SECTION DOES NOT APPLY TO ANY POLICY      1,371        

ISSUED BY AN OTHER THAN LIFE INSURANCE COMPANY.                                 

      (27)  USING PAPER, SOFTWARE, OR ANY OTHER MATERIALS OF OR    1,374        

PROVIDED BY AN INSURER AFTER THE INSURER HAS TERMINATED THE                     

AUTHORITY OF THE LICENSEE, IF THE USE OF SUCH MATERIALS WOULD      1,375        

CAUSE A REASONABLE PERSON TO BELIEVE THAT THE LICENSEE WAS ACTING  1,377        

ON BEHALF OF OR OTHERWISE REPRESENTING THE INSURER;                1,378        

      (28)  PROVIDING MISLEADING, DECEPTIVE, OR UNTRUE             1,380        

INFORMATION TO AN APPLICANT FOR INSURANCE OR A POLICYHOLDER        1,381        

REGARDING A PARTICULAR INSURANCE AGENT, COMPANY, OR PRODUCT;       1,383        

      (29)  SOLICITING, PROCURING AN APPLICATION FOR, OR PLACING,  1,386        

EITHER DIRECTLY OR INDIRECTLY, ANY INSURANCE POLICY WHEN THE       1,387        

PERSON IS NOT AUTHORIZED UNDER THIS CHAPTER TO ENGAGE IN SUCH      1,388        

ACTIVITY;                                                                       

      (30)  SOLICITING, MARKETING, OR SELLING ANY PRODUCT OR       1,390        

SERVICE THAT OFFERS BENEFITS SIMILAR TO INSURANCE BUT IS NOT       1,391        

REGULATED BY THE SUPERINTENDENT, WITHOUT FULLY DISCLOSING TO THE   1,392        

PROSPECTIVE PURCHASER THAT THE PRODUCT OR SERVICE IS NOT           1,393        

INSURANCE AND IS NOT REGULATED BY THE SUPERINTENDENT;              1,394        

      (31)  FAILING TO FULFILL A REFUND OBLIGATION IN A TIMELY     1,396        

MANNER.  FOR PURPOSES OF DIVISION (B)(31) OF THIS SECTION, A       1,398        

                                                          30     

                                                                 
REBUTTABLE PRESUMPTION EXISTS THAT A REFUND OBLIGATION IS NOT      1,399        

FULFILLED IN A TIMELY MANNER UNLESS IT IS FULFILLED WITHIN ONE OF  1,400        

THE FOLLOWING TIME PERIODS:                                        1,401        

      (a)  THIRTY DAYS AFTER THE DATE THE POLICYHOLDER,            1,404        

APPLICANT, OR INSURER TAKES OR REQUESTS ACTION RESULTING IN A      1,405        

REFUND;                                                                         

      (b)  THIRTY DAYS AFTER THE DATE OF THE INSURER'S REFUND      1,408        

CHECK, IF THE AGENT IS EXPECTED TO ISSUE A PORTION OF THE TOTAL    1,409        

REFUND;                                                                         

      (c)  FORTY-FIVE DAYS AFTER THE DATE OF THE AGENT'S           1,412        

STATEMENT OF ACCOUNT ON WHICH THE REFUND FIRST APPEARS.            1,413        

      (C)  Before denying, revoking, suspending, or refusing to    1,415        

continue or renew ISSUE any license or imposing any penalty under  1,417        

this section OR SECTION 3905.482 OF THE REVISED CODE, the          1,418        

superintendent shall provide THE LICENSEE OR APPLICANT WITH        1,420        

notice and an opportunity for hearing, under AS PROVIDED IN        1,421        

Chapter 119. of the Revised Code, to the licensee or applicant     1,423        

and any insurer represented by the licensee or applicant EXCEPT    1,425        

AS FOLLOWS:                                                                     

      (1)(a)  ANY NOTICE OF OPPORTUNITY FOR HEARING, THE HEARING   1,427        

OFFICER'S FINDINGS AND RECOMMENDATIONS, OR THE SUPERINTENDENT'S    1,429        

ORDER SHALL BE SERVED BY CERTIFIED MAIL AT THE LAST KNOWN ADDRESS  1,430        

OF THE LICENSEE OR APPLICANT.  SERVICE SHALL BE EVIDENCED BY       1,431        

RETURN RECEIPT SIGNED BY ANY PERSON.                                            

      FOR PURPOSES OF THIS SECTION, THE "LAST KNOWN ADDRESS" IS    1,433        

THE ADDRESS THAT APPEARS IN THE LICENSING RECORDS OF THE           1,434        

DEPARTMENT OF INSURANCE.                                                        

      (b)  IF THE CERTIFIED MAIL ENVELOPE IS RETURNED WITH AN      1,437        

ENDORSEMENT SHOWING THAT SERVICE WAS REFUSED, OR THAT THE          1,438        

ENVELOPE WAS UNCLAIMED, THE NOTICE AND ALL SUBSEQUENT NOTICES                   

REQUIRED BY CHAPTER 119. OF THE REVISED CODE MAY BE SERVED BY      1,439        

ORDINARY MAIL TO THE LAST KNOWN ADDRESS OF THE LICENSEE OR         1,440        

APPLICANT.  THE MAILING SHALL BE EVIDENCED BY A CERTIFICATE OF     1,441        

MAILING.  SERVICE IS DEEMED COMPLETE AS OF THE DATE OF SUCH        1,442        

                                                          31     

                                                                 
CERTIFICATE PROVIDED THAT THE ORDINARY MAIL ENVELOPE IS NOT        1,443        

RETURNED BY THE POSTAL AUTHORITIES WITH AN ENDORSEMENT SHOWING     1,444        

FAILURE OF DELIVERY.  THE TIME PERIOD IN WHICH TO REQUEST A        1,445        

HEARING, AS PROVIDED IN CHAPTER 119. OF THE REVISED CODE, BEGINS   1,448        

TO RUN ON THE DATE OF MAILING.                                     1,449        

      (c)  IF SERVICE BY ORDINARY MAIL FAILS, THE SUPERINTENDENT   1,452        

MAY CAUSE A SUMMARY OF THE SUBSTANTIVE PROVISIONS OF THE NOTICE    1,453        

TO BE PUBLISHED ONCE A WEEK FOR THREE CONSECUTIVE WEEKS IN A       1,454        

NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY WHERE THE LAST      1,455        

KNOWN PLACE OF RESIDENCE OR BUSINESS OF THE PARTY IS LOCATED.      1,456        

THE NOTICE IS CONSIDERED SERVED ON THE DATE OF THE THIRD           1,457        

PUBLICATION.                                                                    

      (d)  ANY NOTICE REQUIRED TO BE SERVED UNDER CHAPTER 119. OF  1,460        

THE REVISED CODE SHALL ALSO BE SERVED UPON THE PARTY'S ATTORNEY    1,463        

BY ORDINARY MAIL IF THE ATTORNEY HAS ENTERED AN APPEARANCE IN THE  1,464        

MATTER.                                                                         

      (e)  THE SUPERINTENDENT MAY, AT ANY TIME, PERFECT SERVICE    1,467        

ON A PARTY BY PERSONAL DELIVERY OF THE NOTICE BY AN EMPLOYEE OF    1,468        

THE DEPARTMENT.                                                                 

      (f)  NOTICES REGARDING THE SCHEDULING OF HEARINGS AND ALL    1,471        

OTHER MATTERS NOT DESCRIBED IN DIVISION (C)(1)(a) OF THIS SECTION  1,473        

SHALL BE SENT BY ORDINARY MAIL TO THE PARTY AND TO THE PARTY'S     1,474        

ATTORNEY.                                                                       

      (2)  ANY SUBPOENA FOR THE APPEARANCE OF A WITNESS OR THE     1,477        

PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE AT A HEARING, OR FOR     1,478        

THE PURPOSE OF TAKING TESTIMONY FOR USE AT A HEARING, SHALL BE     1,479        

SERVED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, BY AN                       

ATTORNEY OR BY AN EMPLOYEE OF THE DEPARTMENT DESIGNATED BY THE     1,480        

SUPERINTENDENT.  SUCH SUBPOENAS SHALL BE ENFORCED IN THE MANNER    1,481        

PROVIDED IN SECTION 119.09 OF THE REVISED CODE.  NOTHING IN THIS   1,484        

SECTION SHALL BE CONSTRUED AS LIMITING THE SUPERINTENDENT'S OTHER  1,485        

STATUTORY POWERS TO ISSUE SUBPOENAS.                               1,486        

      (D)  The IF THE superintendent DETERMINES THAT A VIOLATION   1,488        

DESCRIBED IN THIS SECTION HAS OCCURRED, THE SUPERINTENDENT may     1,489        

                                                          32     

                                                                 
modify any order under this section and restore a license of or    1,491        

issue a license to a person if the superintendent finds, after     1,492        

notice and opportunity for hearing provided to affected parties,   1,493        

that the person can demonstrate all DO ANY of the following:       1,494        

      (1)  The person has made restitution for all pecuniary       1,496        

losses caused by his ASSESS A CIVIL FORFEITURE IN AN AMOUNT NOT    1,497        

EXCEEDING TWENTY-FIVE THOUSAND DOLLARS PER violation;              1,498        

      (2)  The person's character and reputation have been         1,500        

rehabilitated so that the person possesses the personal            1,501        

qualifications required for the initial issuance of a license;     1,502        

ASSESS ADMINISTRATIVE COSTS TO COVER THE EXPENSES INCURRED BY THE  1,504        

DEPARTMENT IN THE ADMINISTRATIVE ACTION, INCLUDING COSTS INCURRED  1,505        

IN THE INVESTIGATION AND HEARING PROCESSES.  ANY COSTS COLLECTED   1,506        

SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE         1,507        

DEPARTMENT OF INSURANCE OPERATING FUND CREATED IN SECTION                       

3901.021 OF THE REVISED CODE.                                      1,509        

      (3)  If the order was an order of revocation based on a      1,511        

conviction for felony based on evidence of acts or omissions       1,512        

related to the insurance business, that two years have elapsed     1,513        

since the effective date of the order, or if the order was an      1,514        

order denying a license because of such a conviction, that two     1,515        

years have elapsed since the date of the conviction SUSPEND ALL    1,517        

OF THE PERSON'S LICENSES FOR ALL LINES OF INSURANCE FOR EITHER A   1,518        

SPECIFIED PERIOD OF TIME OR AN INDEFINITE PERIOD OF TIME AND       1,519        

UNDER SUCH TERMS AND CONDITIONS AS THE SUPERINTENDENT MAY          1,520        

DETERMINE;                                                                      

      (4)  If required by the superintendent, the person passes    1,522        

the examination required for an initial issuance of the license    1,523        

PERMANENTLY REVOKE ALL OF THE PERSON'S LICENSES FOR ALL LINES OF   1,525        

INSURANCE;                                                                      

      (5)  REFUSE TO ISSUE A LICENSE;                              1,527        

      (6)  REFUSE TO RENEW A LICENSE;                              1,529        

      (7)  PROHIBIT THE PERSON FROM BEING EMPLOYED IN ANY          1,531        

CAPACITY IN THE BUSINESS OF INSURANCE AND FROM HAVING ANY          1,532        

                                                          33     

                                                                 
FINANCIAL INTEREST IN ANY INSURANCE AGENCY, COMPANY, OR            1,533        

THIRD-PARTY ADMINISTRATOR IN THIS STATE.  THE SUPERINTENDENT MAY,  1,535        

IN THE SUPERINTENDENT'S DISCRETION, DETERMINE THE NATURE,                       

CONDITIONS, AND DURATION OF SUCH RESTRICTIONS.                     1,536        

      (8)  ORDER CORRECTIVE ACTIONS IN LIEU OF OR IN ADDITION TO   1,539        

THE OTHER PENALTIES LISTED IN DIVISION (D) OF THIS SECTION.  SUCH  1,540        

AN ORDER MAY PROVIDE FOR THE SUSPENSION OF CIVIL FORFEITURES,      1,541        

LICENSE REVOCATION, LICENSE SUSPENSION, OR REFUSAL TO ISSUE OR     1,542        

RENEW A LICENSE IF THE LICENSEE COMPLIES WITH THE TERMS AND        1,543        

CONDITIONS OF THE CORRECTIVE ACTION ORDER.                         1,544        

      (9)  ACCEPT A SURRENDER FOR CAUSE OFFERED BY THE LICENSEE,   1,547        

WHICH SHALL BE FOR AT LEAST FIVE YEARS AND SHALL PROHIBIT THE      1,548        

LICENSEE FROM SEEKING ANY LICENSE AUTHORIZED UNDER THIS CHAPTER    1,549        

DURING THAT TIME PERIOD.  A SURRENDER FOR CAUSE MAY ALSO INCLUDE   1,550        

A CORRECTIVE ACTION ORDER AS PROVIDED IN DIVISION (D)(8) OF THIS   1,551        

SECTION.                                                                        

      (E)  The superintendent shall MAY consider the following     1,553        

standards FACTORS in denying a license, imposing suspensions,      1,554        

revocations, FINES, or refusals of continuations or renewals of    1,556        

licenses OTHER PENALTIES, AND ISSUING ORDERS UNDER THIS SECTION:   1,557        

      (1)  Whether the person acted in good faith and without      1,559        

knowledge of his violation and;                                    1,560        

      (2)  WHETHER THE PERSON makes restitution for any pecuniary  1,563        

losses suffered by other persons as a result of his THE PERSON'S   1,564        

actions.  In such cases, the maximum suspension shall be ninety    1,565        

days.                                                              1,566        

      (2)  Whether, within the meanings defined in section         1,568        

2901.22 of the Revised Code, the person acted purposely,           1,569        

knowingly, recklessly, or negligently;                             1,570        

      (3)  Whether the amount of money or the nature of the        1,572        

property involved in the violation would, if it were the subject   1,573        

of a criminal offense, make a theft offense a misdemeanor or a     1,574        

felony THE ACTUAL HARM OR POTENTIAL FOR HARM TO OTHERS;            1,575        

      (4)  The degree of trust placed in the person by, and the    1,577        

                                                          34     

                                                                 
incompetency, inexperience, or susceptibility to undue influence   1,578        

or duress VULNERABILITY of, any other person involved PERSONS WHO  1,580        

WERE OR COULD HAVE BEEN ADVERSELY AFFECTED BY THE PERSON'S                      

ACTIONS;                                                           1,581        

      (5)  The effect of the violation upon the perception by      1,583        

insureds and insurance customers of the ethics and integrity of    1,584        

the insurance industry WHETHER THE PERSON WAS THE SUBJECT OF ANY   1,585        

PREVIOUS ADMINISTRATIVE ACTIONS BY THE SUPERINTENDENT;             1,586        

      (6)  The extent to which NUMBER OF INDIVIDUALS ADVERSELY     1,588        

AFFECTED BY the person's conduct departed from the customary and   1,590        

usual ethical standards of persons engaged in the insurance        1,591        

business ACTS OR OMISSIONS;                                                     

      (7)  WHETHER THE PERSON VOLUNTARILY REPORTED THE VIOLATION,  1,593        

AND THE EXTENT OF THE PERSON'S COOPERATION AND ACCEPTANCE OF       1,594        

RESPONSIBILITY;                                                    1,595        

      (8)  WHETHER THE PERSON OBSTRUCTED OR IMPEDED, OR ATTEMPTED  1,598        

TO OBSTRUCT OR IMPEDE, THE SUPERINTENDENT'S INVESTIGATION;         1,599        

      (9)  THE PERSON'S EFFORTS TO CONCEAL THE MISCONDUCT;         1,602        

      (10)  REMEDIAL EFFORTS TO PREVENT FUTURE VIOLATIONS;         1,605        

      (11)  IF THE PERSON WAS CONVICTED OF A CRIMINAL OFFENSE,     1,608        

THE NATURE OF THE OFFENSE, WHETHER THE CONVICTION WAS BASED ON     1,609        

ACTS OR OMISSIONS TAKEN UNDER ANY PROFESSIONAL LICENSE, WHETHER    1,610        

THE OFFENSE INVOLVED THE BREACH OF A FIDUCIARY DUTY, THE AMOUNT    1,611        

OF TIME THAT HAS PASSED, AND THE PERSON'S ACTIVITIES SUBSEQUENT    1,612        

TO THE CONVICTION;                                                              

      (12)  Such other factors as the superintendent determines    1,614        

to be appropriate under the circumstances.                         1,615        

      (F)(1)  A VIOLATION DESCRIBED IN DIVISION (B)(1), (2), (3),  1,618        

(5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (17),       1,619        

(18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29),  1,621        

(30), OR (31) OF THIS SECTION IS A CLASS A OFFENSE FOR WHICH THE   1,622        

SUPERINTENDENT MAY IMPOSE ANY PENALTY SET FORTH IN DIVISION (D)    1,624        

OF THIS SECTION.                                                                

      (2)  A VIOLATION DESCRIBED IN DIVISION (B)(4), (15), (16),   1,627        

                                                          35     

                                                                 
OR (24) OF THIS SECTION IS A CLASS B OFFENSE FOR WHICH THE         1,629        

SUPERINTENDENT MAY IMPOSE ANY PENALTY SET FORTH IN DIVISION        1,631        

(D)(1), (2), (8), OR (9) OF THIS SECTION.                          1,632        

      (G)  IF A VIOLATION DESCRIBED IN THIS SECTION HAS CAUSED,    1,635        

IS CAUSING, OR IS ABOUT TO CAUSE SUBSTANTIAL AND MATERIAL HARM,    1,636        

THE SUPERINTENDENT MAY ISSUE AN ORDER REQUIRING THAT PERSON TO     1,637        

CEASE AND DESIST FROM ENGAGING IN THE VIOLATION.  NOTICE OF THE    1,638        

ORDER SHALL BE MAILED BY CERTIFIED MAIL, RETURN RECEIPT            1,639        

REQUESTED, OR SERVED IN ANY OTHER MANNER PROVIDED FOR IN THIS      1,640        

SECTION, IMMEDIATELY AFTER ITS ISSUANCE TO THE PERSON SUBJECT TO   1,641        

THE ORDER AND TO ALL PERSONS KNOWN TO BE INVOLVED IN THE           1,642        

VIOLATION.  THE SUPERINTENDENT MAY THEREAFTER PUBLICIZE OR         1,643        

OTHERWISE MAKE KNOWN TO ALL INTERESTED PARTIES THAT THE ORDER HAS  1,644        

BEEN ISSUED.                                                                    

      THE NOTICE SHALL SPECIFY THE PARTICULAR ACT, OMISSION,       1,646        

PRACTICE, OR TRANSACTION THAT IS SUBJECT TO THE CEASE-AND-DESIST   1,647        

ORDER AND SHALL SET A DATE, NOT MORE THAN FIFTEEN DAYS AFTER THE   1,648        

DATE OF THE ORDER, FOR A HEARING ON THE CONTINUATION OR            1,649        

REVOCATION OF THE ORDER.  THE PERSON SHALL COMPLY WITH THE ORDER   1,650        

IMMEDIATELY UPON RECEIPT OF NOTICE OF THE ORDER.                   1,651        

      THE SUPERINTENDENT MAY, UPON THE APPLICATION OF A PARTY AND  1,654        

FOR GOOD CAUSE SHOWN, CONTINUE THE HEARING.  CHAPTER 119. OF THE   1,655        

REVISED CODE APPLIES TO SUCH HEARINGS TO THE EXTENT THAT THAT      1,658        

CHAPTER DOES NOT CONFLICT WITH THE PROCEDURES SET FORTH IN THIS    1,659        

SECTION.  THE SUPERINTENDENT SHALL, WITHIN FIFTEEN DAYS AFTER      1,660        

OBJECTIONS ARE SUBMITTED TO THE HEARING OFFICER'S REPORT AND       1,661        

RECOMMENDATION, ISSUE A FINAL ORDER EITHER CONFIRMING OR REVOKING  1,662        

THE CEASE-AND-DESIST ORDER.  THE FINAL ORDER MAY BE APPEALED AS    1,663        

PROVIDED UNDER SECTION 119.12 OF THE REVISED CODE.                 1,665        

      THE REMEDY UNDER THIS DIVISION IS CUMULATIVE AND CONCURRENT  1,668        

WITH THE OTHER REMEDIES AVAILABLE UNDER THIS SECTION, AND MAY BE   1,669        

ENFORCED BY THE ATTORNEY GENERAL AT THE REQUEST OF THE             1,670        

SUPERINTENDENT AS PROVIDED IN DIVISION (H) OF THIS SECTION.        1,671        

      (H)  IF THE SUPERINTENDENT HAS REASONABLE CAUSE TO BELIEVE   1,674        

                                                          36     

                                                                 
THAT AN ORDER ISSUED UNDER THIS SECTION HAS BEEN VIOLATED IN       1,675        

WHOLE OR IN PART, THE SUPERINTENDENT MAY REQUEST THE ATTORNEY      1,676        

GENERAL TO COMMENCE AND PROSECUTE ANY APPROPRIATE ACTION OR        1,677        

PROCEEDING IN THE NAME OF THE STATE AGAINST SUCH PERSON.           1,678        

      THE COURT MAY, IN AN ACTION BROUGHT PURSUANT TO THIS         1,680        

DIVISION, IMPOSE ANY OF THE FOLLOWING:                             1,681        

      (1)  FOR EACH VIOLATION, A CIVIL PENALTY OF NOT MORE THAN    1,684        

TWENTY-FIVE THOUSAND DOLLARS;                                                   

      (2)  INJUNCTIVE RELIEF;                                      1,686        

      (3)  RESTITUTION;                                            1,688        

      (4)  ANY OTHER APPROPRIATE RELIEF.                           1,690        

      (I)  THIS SECTION APPLIES TO BOTH RESIDENT AND NONRESIDENT   1,693        

AGENTS WHO ARE LICENSED UNDER THIS CHAPTER.                        1,694        

      (J)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE    1,697        

OR IMPLY A PRIVATE CAUSE OF ACTION AGAINST AN AGENT, SOLICITOR,    1,698        

OR INSURER.                                                                     

      Sec. 3905.491.  (A)  UPON WRITTEN APPLICATION OF A PERSON    1,701        

WHOSE LICENSE WAS SUSPENDED, REVOKED, OR SURRENDERED FOR CAUSE     1,702        

UNDER SECTION 3905.49 OF THE REVISED CODE, THE SUPERINTENDENT OF   1,704        

INSURANCE SHALL HOLD A HEARING TO DETERMINE WHETHER THE            1,705        

ADMINISTRATIVE ACTION IMPOSING SUCH SUSPENSION, REVOCATION, OR     1,706        

SURRENDER SHOULD BE MODIFIED, PROVIDED THAT ALL OF THE FOLLOWING   1,707        

CONDITIONS ARE MET:                                                1,708        

      (1)  AT LEAST FIVE YEARS HAVE ELAPSED SINCE THE DATE OF THE  1,711        

ADMINISTRATIVE ACTION SOUGHT TO BE MODIFIED;                                    

      (2)  AT LEAST TWO YEARS HAVE ELAPSED SINCE ANY PREVIOUS      1,713        

REQUEST FOR A MODIFICATION WAS MADE UNDER THIS SECTION;            1,714        

      (3)  THE BURDEN OF PROOF IS ON THE PERSON REQUESTING THE     1,717        

MODIFICATION.                                                                   

      (B)  THE MODIFICATION OF AN ORDER ISSUED OR CONSENT          1,720        

AGREEMENT ENTERED INTO UNDER SECTION 3905.49 OF THE REVISED CODE   1,722        

IS AT THE DISCRETION OF THE SUPERINTENDENT.  THE SUPERINTENDENT    1,723        

MAY MODIFY SUCH AN ORDER OR AGREEMENT IF THE SUPERINTENDENT FINDS  1,724        

ALL OF THE FOLLOWING:                                              1,725        

                                                          37     

                                                                 
      (1)  AT LEAST FIVE YEARS HAVE ELAPSED SINCE THE DATE OF THE  1,728        

ADMINISTRATIVE ACTION;                                                          

      (2)  THE PERSON IS OF GOOD BUSINESS REPUTE AND IS SUITABLE   1,731        

TO BE AN INSURANCE AGENT;                                                       

      (3)  THE PERSON HAS MADE RESTITUTION FOR ALL PECUNIARY       1,733        

LOSSES SUFFERED BY ANY PERSON AS A RESULT OF THE CONDUCT THAT      1,734        

GAVE RISE TO THE ADMINISTRATIVE ACTION;                            1,735        

      (4)  THE PERSON HAS NOT BEEN CONVICTED OF ANY FELONY OR OF   1,738        

ANY MISDEMEANOR DESCRIBED IN DIVISION (B)(7) OF SECTION 3905.49    1,739        

OF THE REVISED CODE UNLESS THE CONVICTION WAS THE SUBJECT OF A     1,742        

PREVIOUS ADMINISTRATIVE ACTION BY THE SUPERINTENDENT;              1,743        

      (5)  THE CIRCUMSTANCES SURROUNDING THE PREVIOUS VIOLATION    1,746        

ARE SUCH THAT IT IS UNLIKELY THE PERSON WOULD COMMIT SUCH          1,747        

OFFENSES IN THE FUTURE;                                                         

      (6)  THE PERSON'S CHARACTER HAS BEEN REHABILITATED.          1,750        

      (C)  THE ISSUANCE OF ANY LICENSE PURSUANT TO A MODIFICATION  1,753        

UNDER THIS SECTION SHALL BE CONDITIONED UPON THE SUCCESSFUL        1,754        

COMPLETION OF ALL PRELICENSING EDUCATION AND EXAMINATION           1,755        

REQUIREMENTS.                                                                   

      Sec. 3905.492.  (A)(1)  ALL RECORDS AND OTHER INFORMATION    1,757        

OBTAINED BY THE SUPERINTENDENT OF INSURANCE OR THE                 1,758        

SUPERINTENDENT'S DEPUTIES, EXAMINERS, ASSISTANTS, OR OTHER         1,759        

EMPLOYEES, OR AGENTS RELATING TO AN INVESTIGATION OF AN APPLICANT  1,760        

FOR LICENSURE UNDER THIS CHAPTER, OR AN AGENT, SOLICITOR, BROKER,  1,761        

OR OTHER PERSON LICENSED UNDER THIS CHAPTER OR CHAPTER 3951.,      1,762        

3957., OR 3959. OF THE REVISED CODE, ARE CONFIDENTIAL AND ARE NOT  1,763        

PUBLIC RECORDS AS DEFINED IN SECTION 149.43 OF THE REVISED CODE                 

UNTIL THE APPLICANT OR LICENSEE IS PROVIDED NOTICE AND             1,764        

OPPORTUNITY FOR HEARING PURSUANT TO CHAPTER 119. OF THE REVISED    1,765        

CODE WITH RESPECT TO SUCH RECORDS OR INFORMATION.  IF NO           1,766        

ADMINISTRATIVE ACTION IS INITIATED WITH RESPECT TO A PARTICULAR    1,767        

MATTER ABOUT WHICH THE SUPERINTENDENT OBTAINED RECORDS OR OTHER                 

INFORMATION AS PART OF AN INVESTIGATION, ALL SUCH RECORDS AND      1,768        

INFORMATION RELATING TO THAT MATTER SHALL REMAIN CONFIDENTIAL FOR  1,769        

                                                          38     

                                                                 
THREE YEARS AFTER THE FILE ON THE MATTER IS CLOSED.                1,771        

      (2)  DIVISION (A)(1) OF THIS SECTION APPLIES ONLY TO         1,774        

INVESTIGATIONS THAT COULD RESULT IN ADMINISTRATIVE ACTION UNDER    1,776        

TITLE XVII OR XXXIX OR CHAPTER 119. OF THE REVISED CODE.           1,781        

      (B)  THE RECORDS AND OTHER INFORMATION DESCRIBED IN          1,784        

DIVISION (A) OF THIS SECTION SHALL REMAIN CONFIDENTIAL FOR ALL     1,785        

PURPOSES EXCEPT WHEN IT IS APPROPRIATE FOR THE SUPERINTENDENT AND  1,786        

THE SUPERINTENDENT'S DEPUTIES, EXAMINERS, ASSISTANTS, OR OTHER     1,787        

EMPLOYEES, OR AGENTS TO TAKE OFFICIAL ACTION REGARDING THE         1,789        

AFFAIRS OF THE APPLICANT OR LICENSEE OR IN CONNECTION WITH ACTUAL  1,790        

OR POTENTIAL CRIMINAL PROCEEDINGS.                                 1,791        

      (C)  EMPLOYEES OR AGENTS OF THE DEPARTMENT OF INSURANCE      1,794        

SHALL NOT BE REQUIRED BY ANY COURT OF THIS STATE TO TESTIFY IN A   1,795        

CIVIL ACTION, IF SUCH TESTIMONY CONCERNS ANY MATTER RELATED TO     1,796        

RECORDS OR ANY OTHER INFORMATION CONSIDERED CONFIDENTIAL UNDER     1,797        

THIS SECTION OF WHICH THEY HAVE KNOWLEDGE.                         1,798        

      (D)  THIS SECTION DOES NOT APPLY TO ANY COMPLAINT OR ACTION  1,800        

UNDER SECTION 3905.04 OF THE REVISED CODE.                         1,801        

      Sec. 3905.54.  EACH AGENT LICENSED UNDER THIS CHAPTER SHALL  1,804        

NOTIFY THE SUPERINTENDENT OF INSURANCE IN WRITING OF ALL OF THE    1,805        

FOLLOWING, AS APPLICABLE:                                                       

      (A)  ANY CHANGE IN THE AGENT'S RESIDENTIAL OR BUSINESS       1,808        

ADDRESS, WITHIN THIRTY DAYS AFTER THE CHANGE OCCURS;               1,809        

      (B)  ANY FELONY CONVICTION, OR ANY MISDEMEANOR CONVICTION    1,812        

DESCRIBED IN DIVISION (B)(7) OF SECTION 3905.49 OF THE REVISED     1,815        

CODE, WITHIN THIRTY DAYS AFTER SENTENCING.  THE NOTICE SHALL       1,816        

INCLUDE THE NAME OF THE COURT HAVING JURISDICTION OVER THE         1,817        

MATTER, THE CASE NUMBER, THE OFFENSE CHARGED, THE SENTENCE         1,818        

IMPOSED, AND A COPY OF THE JUDGMENT ENTRY.                         1,819        

      (C)  ANY DISCIPLINARY ACTION TAKEN BY THE INSURANCE          1,822        

AUTHORITY OF ANOTHER STATE, WITHIN SIXTY DAYS AFTER THE ACTION IS  1,823        

TAKEN.                                                                          

      Sec. 3923.121.  (A)  As used in this section:                1,832        

      (1)  "Association" means a voluntary unincorporated          1,834        

                                                          39     

                                                                 
association of insurers formed for the sole purpose of enabling    1,835        

cooperative action to provide sickness and accident insurance in   1,836        

accordance with this section.                                      1,837        

      (2)  "Insurer" means any insurance company authorized to do  1,839        

the business of sickness and accident insurance in this state.     1,840        

      (3)  "Insured" means a person covered under a group policy   1,842        

issued pursuant to this section.                                   1,843        

      (B)  Any insurer may join with one or more other insurers,   1,845        

in an association, to offer, sell, and issue to a policyholder     1,846        

selected by the association a policy of group insurance against    1,847        

major financial loss from sickness and accident covering           1,848        

residents of this state who are sixty-five years of age or older   1,849        

and the spouses of such residents.  The insurance shall be         1,850        

offered, issued, and administered in the name of the association.  1,851        

Membership in the association shall be open to any insurer and     1,852        

each insurer which participates shall be liable for a specified    1,853        

percentage of the risks.  The policy may be executed on behalf of  1,854        

the association by a duly authorized person and need not be        1,855        

countersigned by an agent.                                         1,856        

      (C)  The persons eligible for coverage under the policy      1,858        

shall be all residents of this state who are sixty-five years of   1,859        

age or older and their spouses, subject to reasonable              1,860        

underwriting restrictions to be set forth in the plan of the       1,861        

association.  The policy may provide basic hospital and surgical   1,862        

coverage, basic medical coverage, major medical coverage, and any  1,863        

combination of these; provided that it shall not be required as a  1,864        

condition for obtaining major medical coverage that any basic      1,865        

coverage be taken.                                                 1,866        

      (D)  The association shall file with the superintendent of   1,868        

insurance any policy, contract, certificate, or other evidence of  1,869        

insurance, application, or other forms pertaining to such          1,870        

insurance together with the premium rates to be charged therefor.  1,871        

The superintendent may approve, disapprove, and withdraw approval  1,872        

of the forms in accordance with section 3923.02 of the Revised     1,873        

                                                          40     

                                                                 
Code, or the premium rates if by reasonable assumptions such       1,874        

rates are excessive in relation to the benefits provided.  In      1,875        

determining whether such rates by reasonable assumptions are       1,876        

excessive in relation to the benefits provided the superintendent  1,877        

shall give due consideration to past and prospective claim         1,878        

experience, within and outside this state, and to fluctuations in  1,879        

such claim experience, to a reasonable risk charge, to             1,880        

contribution to surplus and contingency funds, to past and         1,881        

prospective expenses, both within and outside this state, and to   1,882        

all other relevant factors within and outside this state,          1,883        

including any differing operating methods of the insurers joining  1,884        

in the issuance of the policy.  In reviewing the forms the         1,885        

superintendent shall not be bound by the requirements of sections  1,886        

3923.04 to 3923.07 of the Revised Code with respect to standard    1,888        

provisions to be included in sickness and accident policies or     1,889        

forms.                                                                          

      (E)  The association may enroll eligible persons for         1,891        

coverage under the policy through any insurance agent licensed to  1,892        

sell sickness and accident insurance pursuant to section 3905.01   1,893        

3905.02, 3905.08, 3905.18, or 3941.02 of the Revised Code.         1,895        

      (F)  The association shall file annually with the            1,897        

superintendent on such date and in such form as the                1,898        

superintendent may prescribe, a financial summary of its           1,899        

operations.                                                                     

      (G)  The association may sue and be sued in its associate    1,901        

name and for such purposes only shall be treated as a domestic     1,902        

corporation.  Service of process against such THE association      1,903        

made upon a managing agent, any member thereof, or any agent       1,905        

authorized by appointment to receive service of process, shall     1,906        

have the same force and effect as if such THE service had been     1,907        

made upon all members of the association.                          1,909        

      (H)  Under any policy issued as provided in this section,    1,911        

the policyholder, or such person as the policyholder shall         1,912        

designate, shall alone be a member of each domestic mutual         1,913        

                                                          41     

                                                                 
insurance company joining in the issue of the policy and shall be  1,914        

entitled to one vote by virtue of such policy at the meetings of   1,915        

each such mutual insurance company.  Notice of the annual          1,916        

meetings of each such mutual insurance company may be given by     1,917        

written notice to the policyholder or as otherwise prescribed in   1,918        

said THE policy.                                                   1,919        

      Sec. 3931.101.  The provisions of sections 3905.01 to        1,928        

3905.05, inclusive, 3905.04 of the Revised Code, relating to the   1,930        

appointment, licensing, qualification and regulation of insurance  1,931        

agents, brokers and solicitors shall apply to all persons          1,932        

authorized to solicit powers of attorney or applications for                    

contracts of indemnity for any reciprocal exchange, insurance      1,933        

exchange or attorney in fact as provided for in Chapter 3931,. of  1,934        

the Revised Code, except a traveling full time salaried            1,936        

non-commission employee of an attorney whose duties as such                     

employee are primarily the performance of inspection               1,937        

underwriting, loss prevention engineering and claim services       1,938        

shall be exempt from this section and shall be regulated solely    1,939        

by section 3931.11 of the Revised Code.                                         

      Sec. 3931.11.  Every attorney shall certify to the           1,948        

superintendent of insurance the names and addresses of the         1,949        

attorney's traveling full time salaried non-commission employees,  1,950        

primarily engaged in performing underwriting, loss prevention      1,951        

engineering and claim services, authorized by the attorney to      1,952        

solicit powers of attorney or applications for contracts of        1,953        

indemnity specified in section 3931.01 of the Revised Code.  The   1,954        

authority of such persons shall continue until the first day of    1,955        

the next April, unless it is cancelled by the attorney and the     1,956        

certificate of such cancellation is filed with the                 1,957        

superintendent, or unless the license of the attorney or           1,958        

authority of such person is revoked or suspended by the            1,959        

superintendent.  Expiring certificates of authority of such        1,960        

persons may be renewed in like manner to continue until the first  1,961        

day of the next April.  The superintendent shall record the names  1,962        

                                                          42     

                                                                 
and addresses of such persons so that their names may              1,963        

conveniently be inspected and shall thereupon certify and deliver  1,964        

to the attorney a list of the names of all persons so recorded.    1,965        

      If the superintendent finds that any such person has         1,967        

wilfully WILLFULLY violated, or failed to comply with, sections    1,968        

3931.01 to 3931.12, inclusive, of the Revised Code, or has been    1,970        

convicted of a felony in the United States, or in this or any      1,971        

state, or has been guilty of any act or acts which if performed    1,972        

by an agent licensed under section 3905.01 3905.02 of the Revised  1,973        

Code would constitute statutory grounds for the revocation of      1,975        

such agent's license, the superintendent may refuse or revoke the  1,976        

authority of such THE person and cancel the person's name on the   1,978        

superintendent's records, and the superintendent shall thereupon   1,980        

notify such THE person and the attorney of such THE revocation.    1,981        

Thereafter such THE person shall not act as representative of any  1,982        

attorney until a new certificate of authority by the attorney      1,983        

thereafter appointing such THE person is filed with and approved   1,984        

by the superintendent.                                             1,985        

      No such person shall act for any attorney in placing         1,987        

insurance or making such contracts of indemnity, unless the        1,988        

attorney has the license required by section 3931.10 of the        1,989        

Revised Code, nor unless the unexpired, unrevoked, and             1,990        

unsuspended certificate of such person's authority is filed with   1,991        

the superintendent.  Any such person shall be individually liable  1,992        

on any contract of indemnity made, issued, or accepted through     1,993        

that person as representing any attorney who is not licensed by    1,995        

the superintendent to make such contracts of indemnity.                         

      Sec. 3941.02.  (A)  A domestic mutual company may be         2,004        

organized by not less than twenty persons, to carry on the         2,005        

business of mutual insurance and to reinsure and to accept         2,006        

reinsurance as authorized by law and its articles of               2,007        

incorporation.  Such persons shall execute articles of             2,008        

incorporation which, if not inconsistent with the constitution     2,009        

and laws of this state and of the United States, shall be          2,010        

                                                          43     

                                                                 
approved by the attorney general and the secretary of state.  The  2,011        

articles and the certificate of approval by the attorney general   2,012        

shall be recorded by the secretary of state who shall deposit a    2,013        

copy thereof with the superintendent of insurance.                 2,014        

      (B)  If the articles of incorporation of a domestic,         2,016        

foreign, or alien, mutual or stock insurance company empower it,   2,017        

or if the power of attorney or subscribers' agreement empowers     2,018        

the attorney in fact of a reciprocal or interinsurance exchange,   2,019        

to transact any of the kinds of insurance described in division    2,020        

(A) of section 3929.01 of the Revised Code, such company or        2,021        

attorney may apply to the superintendent for the appropriate       2,022        

license or certificate of authority, as provided in section        2,023        

3925.11, 3927.01, 3931.10, or 3941.06 of the Revised Code, which   2,024        

application shall state which of the kinds of insurance it         2,025        

proposes to transact, and the superintendent shall act thereon in  2,026        

the manner prescribed by that section.                             2,027        

      (C)  An Ohio agent shall be licensed, upon written notice    2,030        

of appointment by a domestic, foreign, or alien, mutual or stock   2,031        

insurance company, to procure, receive, or forward application     2,032        

for the kinds of insurance the company is authorized to transact   2,033        

in this state if the agent is then licensed to write all of the    2,034        

kinds of insurance described in division (A) of section 3929.01    2,035        

of the Revised Code, either for the company or for any other       2,036        

company or companies authorized to transact insurance business in  2,037        

this state.  An Ohio agent not so licensed shall not procure,      2,038        

receive, or forward applications for any kind of insurance for     2,039        

the company until qualified and licensed to procure, receive, or   2,040        

forward applications for all of the kinds of insurance described   2,041        

in division (A) of section 3929.01 of the Revised Code, in         2,042        

accordance with the applicable provisions of Chapter 3905. of the  2,043        

Revised Code and in accordance with such rules as the              2,044        

superintendent may adopt in connection therewith; provided any     2,045        

company, irrespective of the kinds of insurance it is authorized   2,046        

to transact, may apply for and obtain the renewal of licenses of   2,047        

                                                          44     

                                                                 
its agents who were licensed on or before July 1, 1945, to         2,048        

procure, receive, or forward applications for any of the kinds of  2,049        

insurance described in division (A) of section 3929.01 of the      2,050        

Revised Code, and such agents shall not be required to be          2,051        

licensed for all the kinds of insurance transacted by the company  2,052        

making the applications for such renewals.  Nothing in this        2,053        

section shall be construed to authorize an agent whose license is  2,054        

renewed under these provisions to procure, receive, or forward     2,055        

applications for any kind or kinds of insurance other than the     2,056        

kind or kinds for which the agent was authorized to procure,       2,057        

receive, or forward applications on July 1, 1945; provided, the    2,059        

procuring, receiving, or forwarding of applications by such an     2,060        

agent for any kind or kinds of insurance other than the kind or    2,061        

kinds the agent was authorized to procure, receive, or forward,    2,063        

as of July 1, 1945, is cause for revocation of the license of the  2,064        

agent by the superintendent and the acceptance by any insurance    2,065        

company licensed to do business in this state of an application    2,066        

for any kind of insurance other than the kind or kinds that the    2,067        

agent was authorized to procure, receive, or forward, as of July   2,068        

1, 1945, is cause for revocation of the license of the company by  2,069        

the superintendent.  Nothing in this section shall be construed    2,070        

to alter the provisions of sections 2301.373, 3905.05, 3931.101,   2,071        

and 3931.11 of the Revised Code.                                   2,072        

      Sec. 3953.21.  (A)  Every title insurance company            2,081        

authorized to transact business within this state shall certify    2,082        

annually to the superintendent of insurance the names of all       2,083        

title insurance agents representing it in this state in            2,084        

accordance with section 3905.01 3905.02 of the Revised Code.       2,085        

      (B)  No bank, trust company, bank and trust company, or      2,087        

other lending institution, mortgage service, brokerage, mortgage   2,088        

guaranty company, escrow company, real estate company or any       2,089        

subsidiaries thereof or any individuals so engaged shall be        2,090        

permitted to act as an agent for a title insurance company.                     

      Sec. 3953.23.  (A)  Every title insurance agent shall keep   2,099        

                                                          45     

                                                                 
his books of account and record and vouchers pertaining to the     2,101        

business of title insurance in such manner that the title          2,102        

insurance company may readily ascertain from time to time whether  2,103        

the agent has complied with this chapter.                                       

      (B)  A title insurance agent may engage in the business of   2,105        

handling escrows of real property transactions directly connected  2,106        

with the business of title insurance, provided that the agent      2,107        

shall maintain a separate record of all receipts and               2,108        

disbursements of escrow funds and shall not commingle any such                  

funds with agent's own funds or with funds held by agent in any    2,109        

other capacity; and if at any time the superintendent of           2,110        

insurance determines that an agent has failed to comply with any   2,111        

of the provisions of this section, the superintendent may revoke   2,112        

the license of said THE agent pursuant to section 3905.01 3905.02  2,114        

of the Revised Code, subject to review as provided for in          2,115        

sections 119.01 to 119.13, inclusive, CHAPTER 119. of the Revised  2,117        

Code.  All agents shall be covered by a fidelity bond in an        2,119        

amount and with a company satisfactory to the principal.           2,120        

      Sec. 3960.11.  (A)  No person shall act or aid in any        2,129        

manner in soliciting, negotiating, or procuring liability          2,130        

insurance in this state from a risk retention group unless the     2,131        

person is licensed as an insurance agent or broker in accordance   2,132        

with section 3905.01, 3905.03, 3905.02 or 3905.30 of the Revised   2,134        

Code.                                                                           

      (B)  No person shall act or aid in any manner in             2,136        

soliciting, negotiating, or procuring liability insurance in this  2,137        

state for a purchasing group from an authorized insurer or a risk  2,138        

retention group chartered in a state unless the person is          2,139        

licensed as an insurance agent or broker in accordance with        2,140        

section 3905.01, 3905.03, 3905.02 or 3905.30 of the Revised Code.  2,142        

      (C)  No person shall act or aid in any manner in             2,144        

soliciting, negotiating, or procuring liability insurance          2,145        

coverage in this state for any member of a purchasing group under  2,146        

a purchasing group's policy unless the person is licensed as an    2,147        

                                                          46     

                                                                 
insurance agent or broker in accordance with section 3905.01,      2,148        

3905.03, 3905.02 or 3905.30 of the Revised Code.                   2,149        

      (D)  No person shall act or aid in any manner in             2,151        

soliciting, negotiating, or procuring liability insurance from an  2,152        

insurer not authorized to do business in this state on behalf of   2,153        

a purchasing group located in this state unless the person is      2,154        

licensed as an insurance agent or surplus lines LINE broker in     2,155        

accordance with section 3905.01, 3905.03, 3905.02 or 3905.30 of    2,157        

the Revised Code.                                                  2,158        

      Sec. 4745.01.  (A)  "Standard renewal procedure," as used    2,167        

in Chapters 905., 907., 909., 911., 913., 915., 917., 918., 921.,  2,168        

923., 927., 942., 943., 953., 1321., 3710., 3713., 3717., 3719.,   2,169        

3731., 3742., 3748., 3769., 3783., 3905., 3921., 3951., 4104.,     2,170        

4105., 4143., 4169., 4561., 4701., 4703., 4707., 4709., 4713.,     2,171        

4715., 4717., 4723., 4725., 4727., 4728., 4729., 4731., 4733.,     2,172        

4734., 4735., 4739., 4741., 4747., 4749., 4753., 4755., 4757.,     2,173        

4759., 4761., 4766., and 4773. of the Revised Code, means the      2,174        

license renewal procedures specified in this chapter.              2,175        

      (B)  "Licensing agency," as used in this chapter, means any  2,177        

department, division, board, section of a board, or other state    2,178        

governmental unit subject to the standard renewal procedure, as    2,179        

defined in this section, and authorized by the Revised Code to     2,180        

issue a license to engage in a specific profession, occupation,    2,181        

or occupational activity, or to have charge of and operate         2,182        

certain specified equipment, machinery, or premises.               2,183        

      (C)  "License," as used in this chapter, means a license,    2,185        

certificate, permit, card, or other authority issued or conferred  2,186        

by a licensing agency by authority of which the licensee has or    2,187        

claims the privilege to engage in the profession, occupation, or   2,188        

occupational activity, or to have control of and operate certain   2,189        

specific equipment, machinery, or premises, over which the         2,190        

licensing agency has jurisdiction.                                 2,191        

      (D)  "Licensee," as used in this chapter, means either the   2,193        

person to whom the license is issued or renewed by a licensing     2,194        

                                                          47     

                                                                 
agency, or the person, partnership, or corporation at whose        2,195        

request the license is issued or renewed.                          2,196        

      (E)  "Renewal" and "renewed," as used in this chapter and    2,198        

in the chapters of the Revised Code specified in division (A) of   2,199        

this section, includes the continuing licensing procedure          2,200        

provided in Chapter 3748. of the Revised Code and rules adopted    2,202        

under it and in sections 1321.05, 3905.01, 3905.02, 3905.07,       2,203        

3905.18, and 3921.33 of the Revised Code, and as applied to those  2,204        

continuing licenses any reference in this chapter to the date of   2,206        

expiration of any license shall be construed to mean the due date  2,207        

of the annual or other fee for the continuing license.             2,208        

      Section 2.  That existing sections 1751.38, 3901.021,        2,210        

3905.011, 3905.02, 3905.06, 3905.07, 3905.18, 3905.20, 3905.27,    2,212        

3905.40, 3905.481, 3905.49, and 3923.121, 3931.101, 3931.11,                    

3941.02, 3953.21, 3953.23, 3960.11, and 4745.01 and sections       2,213        

3905.01, 3905.03, and 3905.05 of the Revised Code are hereby       2,214        

repealed.                                                                       

      Section 3.  Sections 1 and 2 of this act, except for         2,216        

sections 3905.011, 3905.013, 3905.02, 3905.03, 3905.18, and        2,217        

3905.20 of the Revised Code, shall take effect at the earliest     2,218        

time permitted by law.  Sections 3905.011, 3905.013, 3905.02,      2,219        

3905.03, 3905.18, and 3905.20 of the Revised Code, as amended or   2,220        

enacted by this act, shall take effect July 1, 1998.                            

      Section 4.  It is the intent of the General Assembly that    2,222        

the Superintendent of Insurance take any action necessary to       2,223        

administer the Insurance Agents Law, as amended by this act, and   2,224        

to provide for an orderly transition for those persons licensed    2,225        

or appointed under that Law as it existed prior to the effective   2,226        

date of this act.                                                  2,227        

      Section 5.  The Department of Insurance shall, no later      2,229        

than July 1, 1999, issue a new license to each person who, on      2,230        

July 1, 1998, holds a license as an agent.  Any license            2,231        

application that is pending on July 1, 1998, or that is received   2,232        

by the Department on or after that date, shall be reviewed in                   

                                                          48     

                                                                 
accordance with this act.                                          2,233        

      Section 6.  Section 3941.02 of the Revised Code is           2,235        

presented in this act as a composite of the section as amended by  2,236        

both Sub. H.B. 167 and Am. Sub. S.B. 259 of the 121st General      2,237        

Assembly, with the new language of neither of the acts shown in    2,239        

capital letters.  This is in recognition of the principle stated   2,240        

in division (B) of section 1.52 of the Revised Code that such      2,241        

amendments are to be harmonized where not substantively            2,242        

irreconcilable and constitutes a legislative finding that such is  2,243        

the resulting version in effect prior to the effective date of     2,244        

this act.