As Reported by the Senate Insurance, Commerce and Labor Committee  1            

122nd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 154  5            

      1997-1998                                                    6            


              SENATORS NEIN-GILLMOR-SUHADOLNIK-RAY                 8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 1751.38, 3901.021, 3905.02,         12           

                3905.06, 3905.07, 3905.08, 3905.18, 3905.20,       13           

                3905.27, 3905.30, 3905.40, 3905.48, 3905.486,      14           

                3905.49, 3905.99, 3913.40, 3921.33, 3923.121,                   

                3931.101, 3931.11, 3941.02, 953.21, 3953.23,       15           

                3960.11, and 4745.01; to amend, for the purpose                 

                of adopting a new section number as indicated in   17           

                parentheses, section 3905.02 (3905.03); to enact   18           

                new sections 3905.01, 3905.011, 3905.02, and       19           

                3905.481 and sections 3905.012, 3905.013,                       

                3905.491, 3905.492, 3905.54, and 3905.55; and to   20           

                repeal sections 3905.01, 3905.011, 3905.03,                     

                3905.05, 3905.481, and 3905.482 of the Revised     21           

                Code to revise the Insurance Agents Law; to        22           

                specify that a fraternal benefit society           23           

                organized under the laws of another state and      24           

                admitted to transact business in Ohio may become                

                a domestic insurer; to provide that an insurer is  26           

                not prohibited from transferring its domicile to                

                Ohio because its charter or bylaws contain         27           

                characteristics of both a mutual and stock                      

                insurance company; and, if Am. Sub. H.B. 248 of    28           

                the 122nd General Assembly is enacted, to          29           

                supersede sections 3905.49 and 3905.491 of the                  

                Revised Code as they result from that act.         30           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        32           

                                                          2      

                                                                 
      Section 1.  That sections 1751.38, 3901.021, 3905.02,        34           

3905.06, 3905.07, 3905.08, 3905.18, 3905.20, 3905.27, 3905.30,     35           

3905.40, 3905.48, 3905.486, 3905.49, 3905.99, 3913.40, 3921.33,    36           

3923.121, 3931.101, 3931.11, 3941.02, 3953.21, 3953.23, 3960.11,   38           

and 4745.01 be amended; section 3905.02 (3905.03) be amended for   39           

the purpose of adopting a new section number as indicated in       40           

parentheses; and new sections 3905.01, 3905.011, 3905.02, and      41           

3905.481 and sections 3905.012, 3905.013, 3905.491, 3905.492,      42           

3905.54, and 3905.55 of the Revised Code be enacted to read as     43           

follows:                                                                        

      Sec. 1751.38.  (A)  As used in this section, "agent" means   53           

a person appointed by a health insuring corporation to engage in   54           

the solicitation or enrollment of subscribers or enrollees.        55           

      (B)  Agents of health insuring corporations shall be         58           

licensed pursuant to section 3905.01 3905.02 or 3905.18 of the     59           

Revised Code.                                                      61           

      (C)  Sections 3905.01, 3905.03, 3905.05 3905.02, 3905.16 to  64           

3905.18, 3905.181, 3905.19, 3905.23, 3905.40, 3905.41, 3905.42,    65           

3905.46 to 3905.48, 3905.481, 3905.482, 3905.486, 3905.49,         66           

3905.491, 3905.492, 3905.50, 3905.71 to 3905.79, and 3905.99 of    68           

the Revised Code shall apply to health insuring corporations and   69           

the agents of health insuring corporations in the same manner in   70           

which these sections apply to insurers and agents of insurers.     71           

      Sec. 3901.021.  Two-thirds THREE-FOURTHS of all APPOINTMENT  80           

AND OTHER fees collected under section 3905.01, division (E) of    82           

section 3905.18, and division (A)(6) of section 3905.26 CHAPTER    84           

3905. of the Revised Code shall be paid into the state treasury    86           

to the credit of the department of insurance operating fund,       87           

which is hereby created.  The remaining one-third ONE-FOURTH       88           

shall be credited to the general revenue fund.  If the             89           

superintendent of insurance is authorized by the controlling       90           

board to increase the fees pursuant to section 3905.011 of the     92           

Revised Code, the board may also direct that an amount equal to    93           

the increase, up to three-fourths of all fees collected after the  94           

                                                          3      

                                                                 
increase pursuant to section 3905.011 of the Revised Code, shall   96           

be credited to the department of insurance operating fund, with    97           

the remaining portion to be credited to the general revenue fund.  98           

All operating expenses of the department of insurance except       99           

those expenses defined under section 3901.07 of the Revised Code   100          

shall be paid from the department of insurance operating fund.     101          

      Sec. 3905.01.  (A)  NO PERSON SHALL PROCURE AN APPLICATION   104          

OR QUOTE PREMIUMS FOR, DISCUSS COVERAGES OF, OR SOLICIT,           105          

NEGOTIATE, EFFECT, PROCURE, PLACE, WRITE, DELIVER, RENEW, OR       106          

BIND, A POLICY OF INSURANCE THROUGH ANY MEDIUM FOR RISKS           107          

RESIDING, LOCATED, OR TO BE PERFORMED IN THIS STATE, UNLESS THE    108          

PERSON IS LICENSED BY THE SUPERINTENDENT OF INSURANCE IN           109          

ACCORDANCE WITH THIS CHAPTER.                                      110          

      (B)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY OF   114          

THE FOLLOWING PERSONS:                                                          

      (1)  AN INSURER AS DEFINED IN SECTION 3901.32 OF THE         116          

REVISED CODE;                                                                   

      (2)  ANY PERSON WHO FURNISHES INFORMATION REGARDING GROUP    118          

INSURANCE, ENROLLS INDIVIDUALS IN GROUP INSURANCE PLANS, ISSUES    119          

CERTIFICATES UNDER SUCH PLANS, OR OTHERWISE ASSISTS IN             120          

ADMINISTERING SUCH PLANS, IF NO COMMISSION OR OTHER FORM OF        121          

COMPENSATION RELATED TO PREMIUM OR SALES VOLUME IS PAID FOR SUCH   122          

SERVICES;                                                          123          

      (3)  ANY EMPLOYEE OF A CREDITOR WITH RESPECT TO INSURANCE    125          

PRODUCTS MADE AVAILABLE ONLY IN CONNECTION WITH A CREDIT           127          

TRANSACTION, INCLUDING CREDIT LIFE INSURANCE, CREDIT DISABILITY    128          

OR ACCIDENT AND HEALTH INSURANCE, CREDIT PROPERTY INSURANCE,                    

MORTGAGE LIFE INSURANCE, MORTGAGE ACCIDENT AND HEALTH INSURANCE,   129          

INVOLUNTARY UNEMPLOYMENT INSURANCE, INDIVIDUAL LIFE INSURANCE,     130          

AND INDIVIDUAL DISABILITY OR ACCIDENT AND HEALTH INSURANCE, IF     131          

THE ENTIRE PREMIUM IS FINANCED AS PART OF THE CREDIT TRANSACTION   132          

AND THE FOLLOWING CONDITIONS ARE MET:                                           

      (a)  IF THE INSURANCE PRODUCT IS AN INDIVIDUAL LIFE          134          

INSURANCE POLICY, A LICENSED AGENT IS RESPONSIBLE FOR THE          135          

                                                          4      

                                                                 
INSURANCE TRANSACTION.                                                          

      (b)  IF THE EMPLOYEE OF THE CREDITOR IS PAID BY THE          137          

INSURANCE AGENT OR BY THE INSURANCE COMPANY, THE EMPLOYEE HOLDS A  138          

LIMITED AUTHORITY LICENSE.                                         139          

      FOR PURPOSES OF DIVISION (B)(3) OF THIS SECTION, "CREDIT     141          

PROPERTY INSURANCE" MEANS INSURANCE COVERING RISKS OF LOSS,        142          

DAMAGE, AND DESTRUCTION OF PROPERTY USED AS SECURITY FOR A CREDIT  143          

TRANSACTION, WHICH INSURANCE MAY ALSO COVER OTHER PROPERTY THAT    145          

IS MERELY INCIDENTAL TO THE PROPERTY USED AS SECURITY FOR THE      147          

CREDIT TRANSACTION.                                                             

      (4)  ANY EMPLOYER, OR OFFICER OR EMPLOYEE OF AN EMPLOYER,    150          

TO THE EXTENT THAT THE EMPLOYER, OFFICER, OR EMPLOYEE IS ENGAGED   151          

IN THE ADMINISTRATION OR OPERATION OF ANY EMPLOYEE BENEFITS        152          

PROGRAM INVOLVING THE USE OF INSURANCE FOR THE EMPLOYER'S          153          

EMPLOYEES OR THE EMPLOYEES OF A SUBSIDIARY OR AFFILIATE OF THE     154          

EMPLOYER, PROVIDED THAT THE EMPLOYER, OFFICER, OR EMPLOYEE IS NOT  156          

COMPENSATED, EITHER DIRECTLY OR INDIRECTLY, IN ANY MANNER BY AN    157          

INSURANCE AGENT OR BY THE INSURANCE COMPANY ISSUING THE                         

INSURANCE;                                                         158          

      (5)  AN ADJUSTER EMPLOYED BY OR REPRESENTING AN INSURER IN   161          

THE ADJUSTMENT OF CLAIMS OR A PUBLIC INSURANCE ADJUSTER HOLDING A  162          

CERTIFICATE OF AUTHORITY ISSUED UNDER CHAPTER 3951. OF THE         164          

REVISED CODE WHEN PERFORMING THE DUTIES OF A PUBLIC INSURANCE      166          

ADJUSTER.                                                                       

      (C)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY OF   170          

THE FOLLOWING ACTIVITIES WHEN PERFORMED BY AN EMPLOYEE OF, AND AT  171          

THE DIRECTION OF, AN INSURER OR LICENSED INSURANCE AGENT:          172          

      (1)  THE ACCEPTANCE OF PREMIUMS OTHER THAN THE INITIAL       174          

PREMIUM;                                                           175          

      (2)  THE GATHERING OF INFORMATION, SUCH AS NAMES,            177          

ADDRESSES, EXPIRATION DATES OF CURRENT INSURANCE, AND NAMES OF     178          

CURRENT INSURERS;                                                  179          

      (3)  THE SETTING OF APPOINTMENTS FOR INSURANCE AGENTS,       181          

PROVIDED THAT THE PERSON SETTING THE APPOINTMENT DOES NOT          182          

                                                          5      

                                                                 
COMMUNICATE ANY INFORMATION ABOUT INSURANCE;                       183          

      (4)  THE PROVISION OF INFORMATION ABOUT EXISTING INSURANCE   185          

POLICIES ISSUED BY OR THROUGH THE EMPLOYEE'S EMPLOYER, IF THE      186          

INFORMATION IS NOT PROVIDED AS PART OF A SOLICITATION;             187          

      (5)  THE PERFORMANCE OF CLERICAL OR MINISTERIAL DUTIES.      190          

      (D)  THE SUPERINTENDENT MAY ADOPT RULES IN ACCORDANCE WITH   193          

CHAPTER 119. OF THE REVISED CODE TO SET FORTH THE SPECIFIC ACTS    196          

THAT COMPRISE ANY OF THE ACTIVITIES DESCRIBED IN THIS SECTION,     197          

THE PERFORMANCE OF WHICH EITHER REQUIRES OR DOES NOT REQUIRE       199          

LICENSURE AS AN AGENT.                                                          

      Sec. 3905.011.  (A)  AS USED IN THIS SECTION AND SECTIONS    202          

3905.012 AND 3905.013 OF THE REVISED CODE, "INSURER" HAS THE SAME  204          

MEANING AS IN SECTION 3901.32 OF THE REVISED CODE.                 207          

      (B)  ANY PERSON THAT IS LICENSED AS AN AGENT UNDER SECTION   210          

3905.02 OR 3905.18 OF THE REVISED CODE IS ELIGIBLE TO BE           212          

APPOINTED BY ONE OR MORE INSURERS AUTHORIZED TO DO BUSINESS IN     213          

THIS STATE.                                                        214          

      (C)(1)  PRIOR TO APPOINTING AN AGENT, AN INSURER SHALL       217          

CERTIFY TO THE SUPERINTENDENT OF INSURANCE, IN ACCORDANCE WITH     218          

RULES ADOPTED BY THE SUPERINTENDENT UNDER SECTION 3905.013 OF THE  219          

REVISED CODE, THAT THE PERSON IS COMPETENT, FINANCIALLY            221          

RESPONSIBLE, AND SUITABLE TO REPRESENT THE INSURER.                222          

      (2)  NO AGENT SHALL REPRESENT TO THE PUBLIC THAT THE AGENT   224          

HAS AUTHORITY TO REPRESENT A PARTICULAR INSURER UNTIL THE INSURER  226          

HAS ACKNOWLEDGED THAT AUTHORITY BY APPOINTMENT OF THE AGENT IN     227          

ACCORDANCE WITH DIVISION (C)(1) OF THIS SECTION.                   228          

      (D)(1)  NO INSURER SHALL PAY A COMMISSION, FEE, OR OTHER     231          

TYPE OF CONSIDERATION, OR GIVE ANY OTHER THING OF VALUE, TO A      232          

PERSON THAT IS REQUIRED TO BE LICENSED BY THE SUPERINTENDENT       233          

UNDER THIS CHAPTER FOR THE SALE OF, OR FOR ANY DIRECT OR INDIRECT  234          

CONNECTION WITH THE SALE OF, ANY INSURANCE SOLD BY OR ON BEHALF    235          

OF THE INSURER, BUT IS NOT SO LICENSED.                                         

      (2)  NOTHING IN THIS SECTION PROHIBITS AN INSURER FROM       237          

ENTERING INTO A COMPENSATION AGREEMENT WITH A CREDITOR WITH        238          

                                                          6      

                                                                 
RESPECT TO INSURANCE PRODUCTS MADE AVAILABLE ONLY IN CONNECTION    240          

WITH A CREDIT TRANSACTION, INCLUDING CREDIT LIFE INSURANCE,                     

CREDIT DISABILITY OR ACCIDENT AND HEALTH INSURANCE, CREDIT         241          

PROPERTY INSURANCE, MORTGAGE LIFE INSURANCE, MORTGAGE ACCIDENT     242          

AND HEALTH INSURANCE, INVOLUNTARY UNEMPLOYMENT INSURANCE,          243          

INDIVIDUAL LIFE INSURANCE, AND INDIVIDUAL DISABILITY OR ACCIDENT   244          

AND HEALTH INSURANCE, IF THE ENTIRE PREMIUM IS FINANCED AS PART    245          

OF THE CREDIT TRANSACTION.  FOR PURPOSES OF DIVISION (D)(2) OF     246          

THIS SECTION, "CREDIT PROPERTY INSURANCE" HAS THE SAME MEANING AS  247          

IN DIVISION (B)(3) OF SECTION 3905.01 OF THE REVISED CODE.                      

      Sec. 3905.012.  (A)(1)  EXCEPT AS PROVIDED IN DIVISION       251          

(A)(2) OF THIS SECTION, ANY PERSON LICENSED AS AN AGENT UNDER      252          

SECTION 3905.02 OR 3905.18 OF THE REVISED CODE, OR APPOINTED AS A  254          

SOLICITOR UNDER SECTION 3905.03 OF THE REVISED CODE, MAY AT ANY    257          

TIME SURRENDER ANY OR ALL LICENSES HELD BY THE PERSON.             258          

      (2)  NO AGENT SHALL SURRENDER THE AGENT'S LICENSES IF THE    261          

SUPERINTENDENT OF INSURANCE IS INVESTIGATING ANY ALLEGATION OF     262          

WRONGDOING BY THE AGENT OR HAS INITIATED PROCEEDINGS UNDER         263          

CHAPTER 119. OF THE REVISED CODE AND NOTICE OF AN OPPORTUNITY FOR               

A HEARING HAS BEEN ISSUED TO THE AGENT, AND ANY ATTEMPT TO SO      264          

SURRENDER IS INVALID.                                                           

      (B)(1)  IF AN INSURER OR AGENT CANCELS THE APPOINTMENT OF    267          

AN AGENT OR SOLICITOR DUE TO SUSPECTED FRAUD, MISREPRESENTATION,   268          

THEFT, CONVERSION, OR ANY OTHER CULPABLE MISAPPROPRIATION, THE     269          

INSURER OR AGENT SHALL PROMPTLY NOTIFY THE SUPERINTENDENT.  THE    270          

NOTICE SHALL INCLUDE A COMPLETE STATEMENT OF THE FACTS AND THE     271          

REASONS FOR THE CANCELLATION.                                      272          

      (2)  IN THE ABSENCE OF FRAUD OR ACTUAL MALICE, AN INSURER    274          

OR AGENT IS IMMUNE FROM ANY CIVIL LIABILITY THAT OTHERWISE MIGHT   275          

BE INCURRED OR IMPOSED AS A RESULT OF ANY ACTION TAKEN BY THE      276          

INSURER OR AGENT TO COMPLY WITH DIVISION (B)(1) OF THIS SECTION.   278          

      (C)  IF AN AGENT'S LICENSE IS SURRENDERED, REVOKED, OR       280          

SUSPENDED, ALL APPOINTMENTS HELD BY THE AGENT ARE VOID.  IF A NEW  282          

LICENSE IS ISSUED TO THAT PERSON OR IF THAT PERSON'S PREVIOUS      283          

                                                          7      

                                                                 
LICENSE IS REINSTATED, ANY APPOINTMENT OF THE PERSON TO REPRESENT  284          

AN INSURER OR AGENT MUST BE MADE IN ACCORDANCE WITH THE            285          

REQUIREMENTS OF THIS CHAPTER.                                                   

      (D)  THE SUPERINTENDENT MAY SUSPEND OR REVOKE A LICENSE, OR  288          

TAKE ANY OTHER DISCIPLINARY ACTION AUTHORIZED BY THIS CHAPTER,     289          

REGARDLESS OF WHETHER THE PERSON IS APPOINTED OR OTHERWISE         290          

AUTHORIZED TO REPRESENT AN INSURER OR AGENT.                       291          

      Sec. 3905.013.  (A)  THE SUPERINTENDENT OF INSURANCE MAY     294          

ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE    297          

FOR PURPOSES OF IMPLEMENTING SECTIONS 3905.01 TO 3905.03 AND       298          

3905.18 OF THE REVISED CODE, INCLUDING RULES THAT DO THE           301          

FOLLOWING:                                                                      

      (1)  SET FORTH REQUIREMENTS AND PROCEDURES FOR THE ISSUANCE  304          

OF AN AGENT'S LICENSE;                                                          

      (2)  PROVIDE FOR THE ISSUANCE OF A LIMITED AUTHORITY         307          

LICENSE FOR A SPECIFIC LINE OF INSURANCE AND FOR THE APPOINTMENT                

OF SUCH A LICENSEE, AND SET FORTH ANY PRELICENSING EDUCATION,      309          

EXAMINATION, OR CONTINUING EDUCATION REQUIREMENTS THE                           

SUPERINTENDENT CONSIDERS APPROPRIATE FOR THE LICENSE;              310          

      (3)  SET FORTH THE CIRCUMSTANCES UNDER WHICH THE             313          

SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE MAY REFUSE TO                   

ISSUE AN AGENT'S LICENSE TO AN APPLICANT.  NOTWITHSTANDING         315          

CHAPTER 119. OF THE REVISED CODE, AN OPPORTUNITY FOR A HEARING     318          

SHALL NOT BE GRANTED TO SUCH AN APPLICANT UNTIL THE                             

SUPERINTENDENT HAS CONDUCTED AN INVESTIGATION OF THE MATTER.       320          

      (4)  ESTABLISH PROCEDURES FOR CERTIFYING AN INSURER'S        322          

APPOINTMENT OF AN AGENT;                                           323          

      (5)  ESTABLISH PROCEDURES FOR THE SURRENDER OF LICENSES OR   326          

APPOINTMENTS.                                                                   

      (B)  THE SUPERINTENDENT MAY DIRECT LICENSEES TO PAY ANY      329          

FEES TO ANY CONTRACTED VENDOR.                                                  

      Sec. 3905.02.  (A)  AN APPLICANT FOR A LICENSE AS AN OTHER   332          

THAN LIFE INSURANCE AGENT SHALL SUBMIT AN APPLICATION FOR SUCH A   333          

LICENSE TO THE SUPERINTENDENT OF INSURANCE.  THE APPLICATION       335          

                                                          8      

                                                                 
SHALL BE ON A FORM FURNISHED BY THE SUPERINTENDENT AND BE          336          

ACCOMPANIED BY A STATEMENT UNDER OATH BY THE APPLICANT WHICH       337          

GIVES THE APPLICANT'S NAME, AGE, RESIDENCE, PRESENT OCCUPATION,    338          

OCCUPATION FOR THE FIVE YEARS NEXT PRECEDING THE DATE OF THE       339          

APPLICATION, AND SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY  340          

REQUIRE.                                                                        

      THE APPLICANT SHALL ALSO REQUEST A CRIMINAL RECORDS CHECK    342          

CONDUCTED BY THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL          344          

IDENTIFICATION AND INVESTIGATION IN ACCORDANCE WITH SECTION                     

109.572 OF THE REVISED CODE, AND DIRECT THAT THE BUREAU'S WRITTEN  346          

RESPONSE TO THAT REQUEST BE TRANSMITTED TO THE SUPERINTENDENT OF   347          

INSURANCE, OR TO THE SUPERINTENDENT'S DESIGNEE, AS SPECIFIED ON    348          

THE FORM PRESCRIBED PURSUANT TO THAT SECTION.  IF THE              349          

SUPERINTENDENT OF INSURANCE OR THE SUPERINTENDENT'S DESIGNEE                    

FAILS TO RECEIVE THE BUREAU'S RESPONSE TO THE APPLICANT'S REQUEST  351          

FOR A CRIMINAL RECORDS CHECK, THE SUPERINTENDENT MAY REFUSE TO     352          

ISSUE A LICENSE UNDER THIS SECTION.  THE APPLICANT SHALL PAY ANY   353          

FEE REQUIRED BY THE BUREAU FOR CONDUCTING THE CRIMINAL RECORDS     354          

CHECK.                                                                          

      AN APPLICANT FOR A LICENSE SHALL SUBMIT TO AN EXAMINATION    357          

AS TO THE QUALIFICATIONS SET FORTH IN DIVISION (B) OF THIS         358          

SECTION.                                                           359          

      (B)  THE SUPERINTENDENT OF INSURANCE SHALL ISSUE TO AN       362          

APPLICANT A LICENSE THAT STATES IN SUBSTANCE THAT THE PERSON IS    363          

AUTHORIZED TO DO THE BUSINESS OF AN OTHER THAN LIFE INSURANCE      364          

AGENT IN THIS STATE, IF THE SUPERINTENDENT IS SATISFIED THAT THE   365          

APPLICANT IS A SUITABLE PERSON AND INTENDS TO HOLD SELF OUT IN     366          

GOOD FAITH AS AN AGENT; THAT THE APPLICANT IS HONEST,              367          

TRUSTWORTHY, AND UNDERSTANDS THE DUTIES AND OBLIGATIONS OF AN      368          

AGENT, AND IS FAMILIAR WITH THE INSURANCE LAWS OF THIS STATE AND   369          

WITH THE TERMS AND PROVISIONS OF THE POLICIES AND CONTRACTS OF     370          

INSURANCE THE APPLICANT PROPOSES TO EFFECT; THAT IN APPLYING FOR   371          

THE LICENSE IT IS NOT THE APPLICANT'S PURPOSE OR INTENTION         372          

PRINCIPALLY TO SOLICIT OR PLACE INSURANCE ON THE APPLICANT'S OWN   373          

                                                          9      

                                                                 
PROPERTY OR THAT OF RELATIVES, EMPLOYERS, OR EMPLOYEES OR THAT     374          

FOR WHICH THEY OR THE APPLICANT IS AGENT, CUSTODIAN, VENDOR,       375          

BAILEE, TRUSTEE, OR PAYEE; AND THAT THE APPLICANT HAS COMPLETED    376          

THE EDUCATIONAL REQUIREMENTS SET FORTH IN SECTION 3905.48 OF THE   377          

REVISED CODE.                                                                   

      THE SUPERINTENDENT MAY SUSPEND, REVOKE, REFUSE TO CONTINUE,  380          

OR REFUSE TO ISSUE SUCH A LICENSE AS PROVIDED IN SECTION 3905.49   381          

OF THE REVISED CODE.  UNLESS REVOKED OR SUSPENDED BY THE           383          

SUPERINTENDENT OR SURRENDERED BY THE AGENT, SUCH A LICENSE                      

CONTINUES IN FORCE FOR THE LIFE OF THE AGENT, IN THE CASE OF AN    384          

INDIVIDUAL, OR UNTIL THE CORPORATION, PARTNERSHIP, OR LIMITED      385          

LIABILITY COMPANY CEASES TO EXIST.                                 386          

      (C)(1)  EACH INSURANCE COMPANY SHALL CERTIFY TO THE          389          

SUPERINTENDENT OF INSURANCE BEFORE THE THIRTIETH DAY OF JUNE EACH  390          

YEAR THE NAMES AND ADDRESSES OF THE AGENTS FOR WHOM IT REQUESTS    391          

APPOINTMENTS OR THE CONTINUANCE OF APPOINTMENTS.  ALL DOMESTIC,    392          

FOREIGN, AND ALIEN COMPANIES SHALL PAY TO THE SUPERINTENDENT A     393          

FEE OF TWENTY DOLLARS FOR EVERY SUCH APPOINTMENT WHEN ISSUED AND   394          

FOR EACH CONTINUANCE THEREAFTER. SUCH AN APPOINTMENT, UNLESS       395          

CANCELED BY THE INSURANCE COMPANY, MAY BE CONTINUED IN FORCE PAST  397          

THE THIRTIETH DAY OF JUNE NEXT AFTER ITS ISSUE AND AFTER THE       398          

THIRTIETH DAY OF JUNE OF EACH SUCCEEDING YEAR PROVIDED THAT THE    400          

APPOINTEE IS LICENSED AND IS ELIGIBLE FOR THE APPOINTMENT.         401          

      (2)  AN INSURANCE COMPANY SHALL BE BOUND BY THE ACTS OF THE  404          

PERSON NAMED IN THE APPOINTMENT WITHIN THAT PERSON'S APPARENT      405          

AUTHORITY AS ITS AGENT.                                                         

      (3)  DIVISION (C) OF THIS SECTION DOES NOT APPLY TO LIFE     408          

INSURANCE COMPANIES, INCLUDING FRATERNALS, NOR TO DOMESTIC MUTUAL  409          

PROTECTIVE ASSESSMENT FIRE ASSOCIATIONS AS DEFINED IN SECTION      410          

3939.01 OF THE REVISED CODE.                                       412          

      (D)  THE SUPERINTENDENT OF INSURANCE MAY PRESCRIBE THE       415          

FORMS TO BE USED AS EVIDENCE OF THE ISSUANCE OF LICENSES AND       416          

APPOINTMENTS UNDER THIS SECTION AND MAY ISSUE ONE OR MORE          417          

CERTIFICATES, IN A FORM SUITABLE FOR OFFICE DISPLAY, TO COVER ANY  418          

                                                          10     

                                                                 
NUMBER OF INSURANCE COMPANIES WITH WHICH AN AGENT HAS              419          

APPOINTMENTS.                                                                   

      (E)(1)  THE SUPERINTENDENT OF INSURANCE SHALL NOT ISSUE OR   422          

CONTINUE THE LICENSE OF A CORPORATION, PARTNERSHIP, OR LIMITED     423          

LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THIS OR ANY OTHER    424          

STATE UNLESS THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY    425          

COMPANY IS QUALIFIED TO DO BUSINESS IN THIS STATE UNDER THE        426          

APPLICABLE PROVISIONS OF TITLE XVII OF THE REVISED CODE.           430          

      (2)  THE FAILURE OF A CORPORATION, PARTNERSHIP, OR LIMITED   433          

LIABILITY COMPANY TO BE IN GOOD STANDING WITH THE SECRETARY OF     434          

STATE OR TO MAINTAIN A VALID APPOINTMENT OF STATUTORY AGENT IS     435          

GROUNDS FOR SUSPENSION OR REVOCATION OF ITS LICENSE.               436          

      (3)  BY APPLYING FOR A LICENSE AS AN AGENT UNDER THIS        438          

SECTION, AN INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LIMITED       439          

LIABILITY COMPANY CONSENTS TO THE JURISDICTION OF THE COURTS OF    440          

THIS STATE.                                                        441          

      Sec. 3905.02 3905.03.  (A)  Any agent authorized and         450          

licensed as provided in section 3905.01 3905.02 of the Revised     452          

Code, and representing APPOINTED TO REPRESENT one or more          454          

insurance corporations within this state, may employ APPOINT as    456          

many solicitors as the agent desires to represent the agent and                 

the agent's agency, but such THE solicitors shall not represent    457          

themselves, by advertisement or otherwise, as agents of insurance  459          

companies for which their employer may be the authorized agent,    460          

and such THE solicitors shall in all instances represent           461          

themselves only as solicitors for said THE agent.  Upon            462          

      EACH AGENT THAT EMPLOYS A PERSON AS A SOLICITOR SHALL        465          

CERTIFY TO THE SUPERINTENDENT OF INSURANCE THAT THE PERSON IS      466          

COMPETENT, FINANCIALLY RESPONSIBLE, AND SUITABLE TO REPRESENT THE  467          

AGENT.  UPON written notice by any such agent that the agent has   469          

employed such a person as a solicitor, the superintendent of       470          

insurance shall issue to the solicitor a license AN APPOINTMENT    471          

in the form prepared by the superintendent, if the superintendent  473          

is satisfied that:                                                 474          

                                                          11     

                                                                 
      (1)  The applicant SOLICITOR is a suitable person and        476          

intends to hold self out in good faith as a solicitor;.            478          

      (2)  The applicant SOLICITOR is honest and trustworthy;.     481          

      (3)  The applicant SOLICITOR has training or instruction in  483          

the business and understands the duties and obligations of a       484          

solicitor;.                                                        485          

      (4)  The applicant SOLICITOR IS LICENSED UNDER SECTION       487          

3905.02 OF THE REVISED CODE, is familiar with the insurance laws,  489          

and IS FAMILIAR with the provisions of the policies and contracts  490          

of insurance the applicant SOLICITOR proposes to solicit;.         492          

      (5)  In applying for such license it IT is not appointee's   495          

THE SOLICITOR'S purpose or intention principally to solicit or     496          

place insurance on appointee's THE SOLICITOR'S own property or     497          

that of relatives, employers, or employees or that for which they  499          

or the appointee SOLICITOR is agent, custodian, vendor, bailee,    501          

trustee, or payee.  Notice                                                      

      (6)  ON AND AFTER JULY 1, 1987, THE SOLICITOR HAS COMPLETED  505          

THE PRELICENSING EDUCATIONAL REQUIREMENTS SET FORTH IN SECTION     506          

3905.48 OF THE REVISED CODE.                                       508          

      NOTICE shall be upon a form furnished by the superintendent  512          

and shall be accompanied by a statement under oath by the          513          

solicitor which shall give GIVES the applicant's SOLICITOR'S       514          

name, age, residence, present occupation, the applicant's          517          

SOLICITOR'S occupation for the five years next preceding the date  518          

of the notice, the kinds of insurance for which the applicant      519          

SOLICITOR wishes license to solicit, and such other information    521          

as the superintendent requires, upon a blank furnished by the      522          

superintendent.                                                                 

      (6)  On and after July 1, 1987, the applicant has completed  524          

the pre-licensing educational requirements set forth in section    525          

3905.48 of the Revised Code.                                       526          

      (B)  If such appointee THE SOLICITOR within the preceding    528          

two years has not been appointed as a licensed IN THIS STATE AS    530          

AN insurance solicitor or has not had an appointment as a          532          

                                                          12     

                                                                 
licensed insurance solicitor continued by an insurance agent       533          

licensed in this state FOR OTHER THAN LIFE INSURANCE UNDER         534          

SECTION 3905.02 OF THE REVISED CODE, the appointee SOLICITOR       535          

shall submit to a hearing and AN examination as to the             536          

qualifications set forth in divisions (A)(1) to (5) of this        538          

section.                                                                        

      (C)  For the purpose of licensing solicitors, insurance      540          

shall be considered as of three classes:  fire insurance,          541          

including marine and inland transportation; casualty insurance;    542          

and surety insurance.  A solicitor who did not hold a license as   543          

solicitor prior to January 1, 1967, may be licensed APPOINTED      544          

only if the solicitor is qualified for the same class or classes   547          

of insurance for which the agent employing the solicitor is        548          

licensed.  Each solicitor's license shall state the class or       550          

classes A SOLICITOR MAY SOLICIT ONLY THOSE LINES OF INSURANCE for  551          

which issued and no BOTH THE solicitor shall be licensed for AND   552          

the same kind of insurance by more than one APPOINTING agent ARE   554          

LICENSED.  Unless such license NO SOLICITOR SHALL BE APPOINTED BY  556          

MORE THAN ONE AGENT.                                               557          

      UNLESS THE SOLICITOR'S LICENSE is revoked or suspended by    560          

the superintendent or unless the agent by written notice to the    561          

superintendent cancels the solicitor's authority as such                        

solicitor, or unless such license is canceled by the               562          

superintendent upon written notice from the solicitor that the     563          

solicitor's authority has been canceled by the agent, such         564          

license and any other license issued to a solicitor APPOINTMENT    565          

may, in the discretion of the superintendent, and at the request   567          

of the agent who employs the solicitor and the payment of the      568          

required fee, be continued past the thirtieth day of June next     569          

after its issue and after the thirtieth day of June each           570          

succeeding year.  Each agent shall certify, to the superintendent  571          

of insurance, before the thirtieth day of June each year, the      572          

names and addresses of the solicitors the agent has employed       573          

during the preceding year, indicating those for whom the agent     574          

                                                          13     

                                                                 
wishes licenses APPOINTMENTS to be continued.                      575          

      The agent giving written notice shall pay to the             577          

superintendent a fee of twenty dollars for every such license      578          

APPOINTMENT and for each continuance thereof.  The issuance of a   580          

solicitor's license APPOINTMENT shall be limited to a natural      581          

person who is a resident of this state or to a natural person who  584          

is employed by a licensed resident agent and is conducting         585          

business only from within this state.                                           

      The superintendent may suspend or revoke such a license as   587          

provided in section 3905.482 of the Revised Code, and may          588          

suspend, revoke, refuse to continue or renew, or refuse to issue   589          

such a license as provided in section 3905.49 of the Revised       590          

Code.                                                                           

      Sec. 3905.06.  Sections 3905.01 to 3905.06 of the Revised    599          

Code do not apply to companies or associations transacting the     600          

business of life insurance or their agent or to associations       602          

organized and operating under sections 3939.01 to 3939.09 of the   603          

Revised Code.                                                                   

      Sec. 3905.07.  No person shall act in this state as special  612          

representative, state agent, field representative, state,          613          

district, or local manager, or in any similar capacity by          614          

whatever title designated, unless the person is licensed by the    615          

superintendent of insurance.  Upon written notice by an insurance  616          

company authorized to transact business in this state of its       617          

employment of a person to act as such representative and that the  618          

person's duties are to appoint, supervise, or dismiss agents, to   619          

aid them in soliciting, negotiating, and receiving applications    620          

of and handling orders for insurance, and to aid the employer      621          

generally in the transaction of its business in this state, but    622          

not to solicit insurance on that person's own behalf, the          623          

superintendent shall issue a license as special representative to  624          

such THE person.  Such THE license shall state in substance that   626          

the company is authorized to do business in this state and that    627          

the person named therein IN THE LICENSE is a constituted special   629          

                                                          14     

                                                                 
representative of the company in this state in the transaction of  630          

such business within the person's apparent authority as the        631          

company is authorized to transact therein. If such THE special     632          

representative signs policies for the company, the special         634          

representative must qualify as an agent under section 3905.01      635          

3905.02 of the Revised Code. Unless the company, by written        636          

notice to the superintendent, cancels the special                  637          

representative's authority to act for it, such license may, in     638          

the discretion of the superintendent and at the request of the     639          

company and payment of the required fee, be continued past the     640          

thirtieth day of June next after issue and the thirtieth day of    641          

June of each succeeding year.  Each company shall pay a fee of     642          

five dollars for each such license and each continuance thereof.   643          

      Sec. 3905.08.  If it appears from the written notice given   652          

to the superintendent of insurance pursuant to sections 3905.01,   653          

3905.02, and 3905.18 of the Revised Code that the appointment      655          

APPLICATION of any person to act as an agent, or the employment    657          

of any person to act as a solicitor, is only for the purpose of    659          

having such agent or such solicitor procure PROCURING, receive     661          

RECEIVING, or forward FORWARDING applications for insurance        663          

against accidents to or sickness of persons, or on the health of                

individuals and against personal injury, disablement, or death     664          

resulting from traveling or general accidents by land and water,   665          

then the scope of any hearing or examination, or questions in any  666          

application for license, as provided for in any of said THOSE      667          

sections, shall be limited to that type of insurance only.  If     669          

any such person appointed as agent or employed as a solicitor is   670          

otherwise qualified under said THOSE sections, the superintendent  671          

shall issue to such THE person an appropriate agent's or           672          

solicitor's license bearing an imprint across its face "accident   674          

and health insurance license."  Such license only entitles the     675          

holder to procure applications for such insurance and forward the  676          

same to the company or agent that he THE HOLDER is licensed        678          

APPOINTED to represent.  Such sections apply to any person         679          

                                                          15     

                                                                 
appointed as an agent or employed as a solicitor, except to the    680          

extent that they are modified and amended by this section.  No     681          

agent or solicitor licensed under this section shall procure,      682          

receive, or forward applications for any kind of insurance except  683          

the kinds enumerated in this section.  Any violation of this       684          

section, by any AN agent or solicitor licensed under this section  686          

is cause for the revocation of said THE license and any other      688          

licenses issued by the superintendent to said THE agent or         689          

solicitor.                                                         690          

      The acceptance by any insurance company from any AN agent    692          

licensed under this section, or the acceptance by any insurance    694          

agent, whether licensed under this or any other section of the     696          

Revised Code, from any solicitor licensed under this section, of   697          

an application for any kind of insurance except the kinds                       

enumerated in this section, is cause for the revocation of the     698          

license of said THE company or agent and for the revocation of     700          

any other licenses issued by the superintendent to said THE        702          

company or agent.                                                               

      Sec. 3905.18.  (A)  Upon written notice by AN APPLICANT FOR  711          

A LICENSE AS a life insurance company authorized to transact       713          

business in this state of its appointment of a person to act as    714          

its agent in this state, and upon issuance of the certificate      715          

verified by an executive officer or managing agent thereof, that   716          

such company has investigated the character and record of such     717          

person and satisfied itself that he is trustworthy and qualified   718          

to act as its agent, and that he has completed the educational     720          

requirements set forth in section 3905.48 of the Revised Code,     721          

SHALL SUBMIT TO the superintendent of insurance shall, on receipt  723          

of such certification, furnish to the agent an application for AN  724          

agent's license, which shall contain such questions touching the   725          

applicant's fitness to be licensed as an agent as the              726          

superintendent determines.  If such appointee within the           728          

preceding two years has not been appointed as a licensed life      729          

insurance agent or has not had his appointment as a licensed life  731          

                                                          16     

                                                                 
insurance agent continued by an insurance company authorized to    732          

transact business in this state, the appointee  THE APPLICATION    733          

SHALL BE ACCOMPANIED BY A STATEMENT UNDER OATH BY THE APPLICANT    736          

THAT GIVES THE APPLICANT'S NAME, AGE, RESIDENCE, PRESENT           737          

OCCUPATION, OCCUPATION FOR THE FIVE YEARS NEXT PRECEDING THE DATE  738          

OF THE APPLICATION, AND SUCH OTHER INFORMATION AS THE              739          

SUPERINTENDENT MAY REQUIRE.                                                     

      THE APPLICANT SHALL ALSO REQUEST A CRIMINAL RECORDS CHECK    741          

CONDUCTED BY THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL          743          

IDENTIFICATION AND INVESTIGATION IN ACCORDANCE WITH SECTION                     

109.572 OF THE REVISED CODE, AND DIRECT THAT THE BUREAU'S WRITTEN  745          

RESPONSE TO THAT REQUEST BE TRANSMITTED TO THE SUPERINTENDENT OF   746          

INSURANCE, OR TO THE SUPERINTENDENT'S DESIGNEE, AS SPECIFIED ON    747          

THE FORM PRESCRIBED PURSUANT TO THAT SECTION.  IF THE              748          

SUPERINTENDENT OF INSURANCE OR THE SUPERINTENDENT'S DESIGNEE                    

FAILS TO RECEIVE THE BUREAU'S RESPONSE TO THE APPLICANT'S REQUEST  750          

FOR A CRIMINAL RECORDS CHECK, THE SUPERINTENDENT MAY REFUSE TO     751          

ISSUE A LICENSE UNDER THIS SECTION.  THE APPLICANT SHALL PAY ANY   752          

FEE REQUIRED BY THE BUREAU FOR CONDUCTING THE CRIMINAL RECORDS     753          

CHECK.                                                                          

      AN APPLICANT FOR A LICENSE shall submit to an examination    758          

as to his THE APPLICANT'S knowledge of life and sickness and       759          

accident insurance and the laws of this state governing his        760          

activities as a life insurance agent.  Unless                      761          

      (B)  UNLESS it appears that the appointee APPLICANT is not   766          

of good reputation and character, is not a trustworthy person, is  767          

not suitable to be licensed, or has not completed such THE         768          

educational requirements SET FORTH IN SECTION 3905.48 OF THE       769          

REVISED CODE, the superintendent OF INSURANCE shall issue to him   770          

THE APPLICANT a license which shall state, in substance, that the  772          

company PERSON is authorized to do THE business OF A LIFE          774          

INSURANCE AGENT in this state, and that the person named therein   776          

is a constituted agent of the company in this state for the        777          

transaction of such business.  Each notice and certificate shall   778          

                                                          17     

                                                                 
be upon forms furnished by the superintendent and shall be         779          

accompanied by a statement under oath by the appointee which       780          

shall give his name, age, residence, present occupation,           782          

occupation for the five years next preceding the date of the       783          

notice, and such other information as the superintendent                        

requires, upon a blank furnished by him.                           784          

      (B)  The superintendent may suspend or revoke such a         786          

license as provided in section 3905.482 of the Revised Code, and   787          

may suspend, revoke, refuse to continue or renew, or refuse to     788          

issue such a license as provided in section 3905.49 of the         789          

Revised Code.  Every such UNLESS REVOKED OR SUSPENDED BY THE       790          

SUPERINTENDENT OR SURRENDERED BY THE AGENT, SUCH A LICENSE         791          

CONTINUES IN FORCE FOR THE LIFE OF THE AGENT, IN THE CASE OF AN    792          

INDIVIDUAL, OR UNTIL THE CORPORATION, PARTNERSHIP, OR LIMITED      793          

LIABILITY COMPANY CEASES TO EXIST.                                              

      EACH insurance company shall, upon the termination of the    796          

employment APPOINTMENT of any such agent, forthwith file with the  798          

superintendent a statement of the termination of such employment   799          

THE APPOINTMENT.                                                                

      (C)  Upon written notice by a life insurance company         801          

authorized to transact business in this state of its appointment   802          

of a corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY to     803          

act as its agent in this state, the superintendent of insurance    805          

shall furnish such THE corporation, PARTNERSHIP, OR LIMITED        806          

LIABILITY COMPANY with an application for agent's license which    807          

shall contain such questions as will enable the superintendent to  808          

determine that such THE corporation, PARTNERSHIP, OR LIMITED       809          

LIABILITY COMPANY was organized for the purpose of acting as an    810          

insurance agent,; that each employee of such THE corporation,      812          

PARTNERSHIP, OR LIMITED LIABILITY COMPANY who will negotiate for,  813          

place, or renew policies or agreements of life insurance on        814          

behalf of such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY  815          

COMPANY has been issued a life insurance agent's license pursuant  816          

to division (A) of this section; that the voting shares of such    817          

                                                          18     

                                                                 
corporation are beneficially owned by natural persons who are      818          

residents of this state; that such THE corporation, PARTNERSHIP,   819          

OR LIMITED LIABILITY COMPANY and such THE life insurance company   821          

have executed a written agreement whereby the rights and duties    822          

of each are set forth; and that in applying for such THE license   823          

it is not the appointee's purpose or intention principally to      825          

solicit or place insurance on the lives of the appointee's         826          

officers, employees, or shareholders, or the lives of relatives    827          

of such officers, employees, or shareholders, or upon the lives    828          

of persons for whom they, their relatives, or the appointee is     829          

agent, custodian, vendor, bailee, trustee, or payee.  Unless it    830          

appears that such THE corporation, PARTNERSHIP, OR LIMITED         832          

LIABILITY COMPANY was not organized for such purpose or that each  833          

such employee has not been so licensed or that the voting shares   834          

of such corporation are not so beneficially owned or that such a   835          

written agreement has not been executed, the superintendent shall  836          

issue to such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY   837          

COMPANY a license which shall state STATES, in substance, that     838          

such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY    839          

is a life insurance agent.                                         840          

      (D)  If the superintendent of insurance, at any time         842          

subsequent to the issuance of a life insurance agent's license to  843          

a corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY, finds    844          

that such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY       846          

COMPANY has ceased to have as its purpose acting as an insurance   847          

agent or that each employee of such THE corporation, PARTNERSHIP,  848          

OR LIMITED LIABILITY COMPANY who negotiates for, places, or        849          

renews policies or agreements of life insurance on behalf of such  851          

THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY has     852          

not been issued a life insurance agent's license or that the       853          

voting shares of such corporation are not beneficially owned by    854          

natural persons who are residents of this state or that the        855          

principal use of such THE license has been to solicit, place, or   857          

effect insurance on the lives of the appointee's officers,         858          

                                                          19     

                                                                 
employees, or shareholders, or on the lives of the relatives of    859          

such officers, employees, or shareholders, or upon the lives of    860          

persons for whom they, or their relatives, or the appointee is     861          

agent, custodian, vendor, bailee, trustee, or payee, or for any    862          

other cause shown he, THE SUPERINTENDENT may after hearing revoke  864          

the life insurance agent's license issued to such THE              866          

corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY or suspend  867          

such THE license until such condition as he THE SUPERINTENDENT     868          

finds existing ceases to exist.  The finding of the                871          

superintendent, either in refusing to grant a license or in        872          

revoking a license, shall be in writing, and shall state the       873          

facts upon which his THE action is based.  The action of the       875          

superintendent in granting, revoking, continuing, or refusing to   876          

grant, revoke, or continue such THE license, shall be subject to   878          

review in accordance with Chapter 119. of the Revised Code.        879          

      (E)  Unless THE AGENT'S LICENSE IS revoked OR SUSPENDED by   881          

the superintendent OF INSURANCE, or unless the company by written  883          

notice to the superintendent cancels the agent's authority to act  884          

for it, a life insurance agent's license, and any other license    885          

issued to an agent APPOINTMENT may, in the discretion of the       887          

superintendent and at the request of the company and payment of    888          

the required fee, be continued past the thirtieth day of June      889          

next after its issue and after the thirtieth day of June in each   890          

succeeding year.  Except as provided in section 3905.011 of the    891          

Revised Code, all ALL domestic, foreign, and alien companies       893          

shall pay a fee of twenty dollars for every such license           894          

APPOINTMENT and for each continuance thereafter.  While such       896          

license AN APPOINTMENT remains in force, a foreign company shall   898          

be bound by the acts of the person named therein IN THE            899          

APPOINTMENT, within his THE PERSON'S APPARENT authority as its     902          

acknowledged agent.                                                             

      (F)  The superintendent OF INSURANCE may prescribe the       904          

forms to be used as evidence of the issuance of licenses AND       905          

APPOINTMENTS under this section and may issue one or more          907          

                                                          20     

                                                                 
certificates, in a form suitable for office display, to cover any  908          

number of insurance companies with which an agent is licensed HAS  909          

APPOINTMENTS.                                                                   

      (G)(1)  THE SUPERINTENDENT OF INSURANCE SHALL NOT ISSUE OR   912          

CONTINUE THE LICENSE OF A CORPORATION, PARTNERSHIP, OR LIMITED     913          

LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THIS OR ANY OTHER    914          

STATE UNLESS THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY    915          

COMPANY IS QUALIFIED TO DO BUSINESS IN THIS STATE UNDER THE        916          

APPLICABLE PROVISIONS OF TITLE XVII OF THE REVISED CODE.           920          

      (2)  THE FAILURE OF A CORPORATION, PARTNERSHIP, OR LIMITED   923          

LIABILITY COMPANY TO BE IN GOOD STANDING WITH THE SECRETARY OF     924          

STATE OR TO MAINTAIN A VALID APPOINTMENT OF STATUTORY AGENT IS     925          

GROUNDS FOR SUSPENSION OR REVOCATION OF ITS LICENSE.               926          

      (3)  BY APPLYING FOR A LICENSE AS AN AGENT UNDER THIS        928          

SECTION, AN INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LIMITED       929          

LIABILITY COMPANY CONSENTS TO THE JURISDICTION OF THE COURTS OF    930          

THIS STATE.                                                        931          

      Sec. 3905.20.  (A)  Any person licensed as a life insurance  940          

agent for a life insurance company authorized to deliver or issue  941          

for delivery in this state SHALL, UPON SATISFACTORY COMPLETION OF  943          

AN EXAMINATION AS TO THE PERSON'S KNOWLEDGE OF policies,           945          

annuities, or AND other contracts providing variable or fixed and  946          

variable benefits or contractual payments ISSUED BY LIFE           947          

INSURANCE COMPANIES pursuant to section 3911.011 of the Revised    948          

Code shall, upon written application of such company,              949          

satisfactory completion of an examination as to his knowledge of   951          

such policies, annuities, and contracts and the nature thereof,    952          

payment of the required fee, and compliance with the               953          

pre-licensing PRELICENSING educational requirements of section     954          

3905.48 of the Revised Code, be licensed by the superintendent of  956          

insurance as a variable contract agent.                            957          

      (B)  The superintendent may suspend or revoke such a         959          

license as provided in section 3905.482 of the Revised Code, and   960          

may suspend, revoke, refuse to continue or renew, or refuse to     961          

                                                          21     

                                                                 
issue such a license as provided in section 3905.49 of the         962          

Revised Code.  Revocation of such THE person's license as a life   963          

insurance agent or failure to renew such license is cause for      964          

revoking such THE person's license as a variable contract agent.   965          

Every such UNLESS REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR    966          

SURRENDERED BY THE AGENT, A VARIABLE CONTRACT AGENT'S LICENSE      967          

CONTINUES IN FORCE FOR THE LIFE OF THE AGENT.                      968          

      EACH LIFE insurance company shall, upon termination of the   970          

employment APPOINTMENT of any such person as a variable contract   971          

agent, forthwith file with the superintendent a statement of the   973          

termination of such employment THE APPOINTMENT.                    974          

      (C)  Any corporation, PARTNERSHIP, OR LIMITED LIABILITY      976          

COMPANY licensed as a life insurance agent for AND APPOINTED BY a  978          

life insurance company authorized to deliver or issue for          980          

delivery in this state policies, annuities, or other contracts     981          

providing variable or fixed and variable benefits or contractual   982          

payments pursuant to section 3911.011 of the Revised Code, may,    983          

upon written application of such company and upon a proper         984          

showing that all of such THE corporation's, PARTNERSHIP'S, OR      986          

LIMITED LIABILITY COMPANY'S employees who will negotiate for,      987          

place, or renew any such policies, annuities, or contracts on      988          

behalf of such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY  989          

COMPANY have been issued licenses as variable contract agents      991          

pursuant to division (A) of this section, be licensed by the       992          

superintendent of insurance as a variable contract agent.          993          

      (D)  The superintendent of insurance may, for cause shown    995          

and after hearing, revoke the variable contract agent's license    996          

issued to such corporation, PARTNERSHIP, OR LIMITED LIABILITY      997          

COMPANY, or suspend such THE license until such condition as he    1,000        

THE SUPERINTENDENT finds existing ceases to exist.  The            1,001        

revocation or suspension of such THE corporation's,                1,002        

PARTNERSHIP'S, OR LIMITED LIABILITY COMPANY'S license as a life    1,003        

insurance agent or failure to renew such license shall be cause    1,005        

for revoking or suspending, as the case may be, such THE           1,006        

                                                          22     

                                                                 
corporation's, PARTNERSHIP'S, OR LIMITED LIABILITY COMPANY'S       1,007        

license as a variable contract agent.  The finding of the          1,008        

superintendent, either in refusing to grant a license or in        1,009        

revoking a license, shall be in writing and state the facts upon   1,010        

which his THE SUPERINTENDENT'S action is based.  The action of     1,011        

the superintendent in granting, revoking, continuing, or refusing  1,013        

to grant, revoke, or continue such license, shall be subject to    1,014        

review in accordance with Chapter 119. of the Revised Code.        1,015        

      (E)  Unless revoked or suspended by the superintendent OR    1,017        

SURRENDERED BY THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY  1,018        

COMPANY, or unless the company by written notice to the            1,019        

superintendent cancels the agent's authority to act for it, a      1,020        

variable contract agent's license, and any other license issued    1,021        

to an agent may, in the discretion of the superintendent and at    1,022        

the request of the company and payment of the required fee, be     1,023        

CONTINUES IN FORCE UNTIL THE CORPORATION, PARTNERSHIP, OR LIMITED  1,024        

LIABILITY COMPANY CEASES TO EXIST.                                 1,025        

      (F)  EACH LIFE INSURANCE COMPANY SHALL CERTIFY TO THE        1,028        

SUPERINTENDENT BEFORE THE THIRTIETH DAY OF JUNE EACH YEAR THE      1,030        

NAMES AND ADDRESSES OF THE VARIABLE CONTRACT AGENTS FOR WHOM IT    1,031        

REQUESTS APPOINTMENTS OR THE CONTINUANCE OF APPOINTMENTS.  SUCH    1,032        

AN APPOINTMENT, UNLESS CANCELED BY THE INSURANCE COMPANY, MAY BE   1,033        

continued IN FORCE past the thirtieth day of June next after its   1,035        

issue and after the thirtieth day of June in each succeeding       1,036        

year.  Except as provided in section 3905.011 of the Revised       1,037        

Code, all ALL domestic, foreign, and alien companies shall pay a   1,039        

fee of twenty dollars for every such license APPOINTMENT WHEN      1,040        

ISSUED and for each continuance thereafter.  While such license    1,042        

APPOINTMENT remains in force, a foreign company shall be bound by  1,045        

the acts of the person named therein IN THE APPOINTMENT, within    1,046        

his THE PERSON'S APPARENT authority as its authorized agent.       1,048        

      Sec. 3905.27.  The superintendent of insurance may open an   1,057        

account in the name of each insurance company authorized to do     1,058        

business in this state and in the name of any authorized           1,059        

                                                          23     

                                                                 
insurance agent, and charge said THE accounts with all fees        1,060        

incurred by such companies or agents in accordance with sections   1,062        

3905.01, 3905.02, 3905.03, 3905.07, 3905.26, 3919.26, and 3931.03  1,063        

of the Revised Code, and other statutes imposing fees.  The        1,065        

statutory fee for each service requested shall be charged against  1,066        

the proper account forthwith upon the rendition of the service.    1,067        

      Not later than the tenth day of each calendar month the      1,069        

superintendent shall render an itemized statement to each company  1,070        

or agent whose account has been charged during the month next      1,071        

preceding, showing the amount of all fees charged during said      1,072        

THAT month and demanding that payment thereof be made not later    1,074        

than the first day of the month next following.                    1,075        

      The failure of any insurance company within said THAT time   1,077        

to pay the amount of such fees in accordance with such THE         1,078        

monthly statement, or, if said THE statement or account is found   1,079        

to be incorrect, in accordance with a corrected monthly statement  1,080        

rendered by the superintendent, is grounds for the revocation of   1,081        

its certificate of authority to do business in this state.  In     1,082        

the event of such an order of revocation, the superintendent       1,083        

shall forthwith cause a notice thereof to be published once in at  1,084        

least one newspaper at the seat of the government and also, if a   1,085        

domestic company, once in at least one newspaper published in the  1,086        

county where its home office is located, or, if a foreign or       1,087        

alien company, once in at least one newspaper published in a       1,088        

county of this state where an agency of such THE company is        1,089        

located. After the publication of such THE notice, no agent of     1,091        

such THE company shall procure applications for insurance or       1,093        

issue policies.                                                                 

      In the event of the failure of any agent within the time     1,095        

fixed to pay the amount of fees charged against his THE AGENT'S    1,096        

account in accordance with the monthly statement rendered by the   1,098        

superintendent, such THE agent's license may be revoked in the     1,099        

manner provided by sections 3905.01 3905.02 and 3905.18 of the     1,101        

Revised Code.                                                      1,102        

                                                          24     

                                                                 
      Sec. 3905.30.  The superintendent of insurance may issue a   1,111        

surplus line broker's license to any natural person who is a       1,113        

citizen of the United States and has been a resident of this OR    1,115        

ANY OTHER state OR A PROVINCE OF CANADA, OR TO ANY CORPORATION,    1,116        

PARTNERSHIP, OR LIMITED LIABILITY COMPANY THAT IS ORGANIZED UNDER  1,117        

THE LAWS OF THIS OR ANY OTHER STATE OR A PROVINCE OF CANADA.  THE  1,118        

APPLICANT MUST HAVE BEEN LICENSED AS A MULTIPLE LINE AGENT for at               

least two years prior to making application for the SURPLUS LINE   1,121        

BROKER'S license.  The applicant shall also have met the           1,122        

standards and passed the test provided for the issuance of a       1,124        

multiple line agent's license.  A surplus line broker's license    1,125        

permits the person named in the license to negotiate for and       1,126        

obtain insurance, other than life insurance, on property or        1,128        

persons in this state in insurers not authorized to transact       1,129        

business in this state.  Each such license expires on the                       

thirty-first day of January next after the year in which it is     1,130        

issued, and may be then renewed.                                   1,131        

      Sec. 3905.40.  The superintendent of insurance shall MAY     1,140        

issue no A license to any person as agent of an insurance company  1,142        

if such person INDIVIDUAL WHO is a resident of a ANOTHER state     1,145        

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

as agents of insurance companies in such state; if the             1,146        

superintendent is satisfied that any person holding a license as   1,147        

such agent is a resident of such state, he shall revoke such       1,149        

license OR A PROVINCE OF CANADA, OR TO ANY CORPORATION,            1,150        

PARTNERSHIP, OR LIMITED LIABILITY COMPANY THAT IS ORGANIZED UNDER  1,151        

THE LAWS OF ANOTHER STATE OR A PROVINCE OF CANADA.  FOR THE        1,152        

PURPOSE OF ACCORDING SUCH AN APPLICANT THE FULL PRIVILEGES OF AN   1,154        

INSURANCE AGENT IN THIS STATE, THE SUPERINTENDENT SHALL ACCEPT     1,155        

THE LICENSING OBLIGATIONS, PROHIBITIONS, AND REQUIREMENTS THAT     1,156        

ARE IMPOSED UPON THE APPLICANT BY THE INSURANCE AUTHORITY AND      1,157        

LAWS OF THE STATE OR OF THE PROVINCE OF CANADA OF WHICH THE        1,159        

APPLICANT IS A RESIDENT, OR UNDER WHICH THE APPLICANT IS                        

ORGANIZED, AS SATISFYING THE LICENSING OBLIGATIONS, PROHIBITIONS,  1,161        

                                                          25     

                                                                 
AND REQUIREMENTS OF THIS STATE, EXPECT FOR THOSE OBLIGATIONS,      1,162        

PROHIBITIONS, AND REQUIREMENTS IMPOSED UNDER SECTION 3905.41 OF    1,163        

THE REVISED CODE.                                                  1,164        

      FOR PURPOSES OF THIS SECTION, THE LICENSING REQUIREMENTS     1,167        

THAT MUST BE ACCEPTED BY THE SUPERINTENDENT INCLUDE THE            1,168        

REQUIREMENTS FOR PRE-LICENSING AND CONTINUING EDUCATION OF THE     1,169        

OTHER STATE OR PROVINCE.                                                        

      Sec. 3905.48.  (A)  On and after July 1, 1987, no NO         1,178        

person, unless the person has complied with division (B) of this   1,179        

section, shall be permitted to take an examination for a license   1,181        

as an agent or solicitor to engage in the sale of any of the       1,182        

following types of insurance:                                      1,183        

      (1)  Life insurance, annuity contracts, variable annuity     1,185        

contracts, and variable life insurance;                            1,186        

      (2)  Sickness and accident insurance;                        1,188        

      (3)  All lines of property and casualty insurance;           1,190        

      (4)  All other lines of insurance for which an examination   1,192        

is required for licensing, except title insurance.                 1,193        

      (B)  No person shall be permitted to take an examination     1,195        

described in division (A) of this section unless either of the     1,196        

following applies:                                                 1,197        

      (1)  The person has earned a bachelor's or associate's       1,199        

degree in insurance in an accredited institution;                  1,200        

      (2)  The person has been granted a diploma for successfully  1,202        

completing a high school curriculum under section 3313.61 of the   1,203        

Revised Code or a certificate of high school equivalence under     1,204        

rule 3301-41-1 of the Administrative Code, or been granted a       1,205        

comparable diploma or certificate by another state, and has        1,206        

successfully completed at least forty hours of study in a program  1,207        

of insurance education approved by the superintendent of           1,208        

insurance in consultation with the insurance agent education       1,209        

advisory council under criteria established by the                 1,210        

superintendent.                                                    1,211        

      Sec. 3905.481.  (A)  ANY PERSON WHO IS LICENSED AS AN AGENT  1,214        

                                                          26     

                                                                 
AND WHO COMPLETES CONTINUING EDUCATION OFFERED IN A COURSE OR      1,216        

PROGRAM OF STUDY APPROVED BY THE SUPERINTENDENT OF INSURANCE, OR                

THE SUPERINTENDENT'S DESIGNEE, IN CONSULTATION WITH THE INSURANCE  1,217        

AGENT EDUCATION ADVISORY COUNCIL MAY REQUEST THE SUPERINTENDENT,   1,218        

OR THE SUPERINTENDENT'S DESIGNEE, TO PROVIDE A WRITTEN             1,219        

CERTIFICATION OF THE COMPLETION OF SUCH EDUCATION.  THE            1,220        

CERTIFICATION SHALL NAME THE ENTITY THAT DEVELOPED OR SPONSORED    1,221        

THE COURSE OR PROGRAM OF STUDY COMPLETED BY THE PERSON, DESCRIBE   1,222        

THE SUBJECT OF THE EDUCATION, SET FORTH THE NUMBER OF HOURS OF     1,224        

EDUCATION THE PERSON SUCCESSFULLY COMPLETED, AND PROVIDE ANY       1,225        

OTHER INFORMATION NECESSARY FOR THE PERSON TO DEMONSTRATE          1,226        

COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENTS OF ANOTHER   1,227        

STATE.                                                                          

      (B)  THE SUPERINTENDENT SHALL ADOPT RULES IN ACCORDANCE      1,230        

WITH CHAPTER 119. OF THE REVISED CODE TO CARRY OUT THE PURPOSES    1,232        

OF DIVISION (A) OF THIS SECTION.  IN ADOPTING SUCH RULES, THE      1,233        

SUPERINTENDENT SHALL CONSIDER ANY RECOMMENDATIONS MADE BY THE      1,234        

INSURANCE AGENT EDUCATION ADVISORY COUNCIL.                                     

      Sec. 3905.486.  The superintendent of insurance shall adopt  1,243        

rules in accordance with Chapter 119. of the Revised Code to       1,244        

carry out the purposes of sections 3905.48 AND 3905.483 to         1,245        

3905.486 of the Revised Code.  In adopting any rules, the          1,246        

superintendent shall consider any recommendations made by the      1,247        

insurance agent education advisory council.                        1,248        

      Sec. 3905.49.  (A)  AS USED IN THIS SECTION:                 1,258        

      (1)  "INSURER" HAS THE SAME MEANING AS IN SECTION 3901.32    1,261        

OF THE REVISED CODE.                                               1,262        

      (2)  "REFUSAL TO ISSUE OR RENEW" MEANS THE DECISION OF THE   1,265        

SUPERINTENDENT OF INSURANCE NOT TO PROCESS EITHER THE INITIAL      1,266        

APPLICATION FOR A LICENSE AS AN AGENT OR THE RENEWAL OF SUCH A     1,267        

LICENSE.                                                                        

      (3)  "REVOCATION" MEANS THE PERMANENT TERMINATION OF ALL     1,270        

AUTHORITY TO HOLD ANY LICENSE AS AN AGENT IN THIS STATE.                        

      (4)  "SURRENDER FOR CAUSE" MEANS THE VOLUNTARY TERMINATION   1,273        

                                                          27     

                                                                 
OF ALL AUTHORITY TO HOLD ANY LICENSE AS AN AGENT IN THIS STATE,    1,274        

IN LIEU OF A REVOCATION OR SUSPENSION ORDER.                       1,275        

      (5)  "SUSPENSION" MEANS THE TERMINATION OF ALL AUTHORITY TO  1,278        

HOLD ANY LICENSE AS AN AGENT IN THIS STATE, FOR EITHER A           1,279        

SPECIFIED PERIOD OF TIME OR AN INDEFINITE PERIOD OF TIME AND       1,280        

UNDER ANY TERMS OR CONDITIONS DETERMINED BY THE SUPERINTENDENT.    1,281        

      (B)  The superintendent of insurance may suspend, revoke,    1,285        

refuse to continue or renew, or refuse to issue OR RENEW any       1,286        

license as an agent, SURPLUS LINE BROKER, or solicitor LIMITED     1,287        

INSURANCE REPRESENTATIVE, OR IMPOSE ANY OTHER SANCTION AUTHORIZED  1,288        

under this chapter, if the superintendent finds any FOR one or     1,290        

more of the following REASONS:                                     1,291        

      (1)  The person has made a false OBTAINING OR ATTEMPTING TO  1,294        

OBTAIN ANY LICENSE OR APPOINTMENT THROUGH MISREPRESENTATION OR     1,295        

FRAUD, INCLUDING MAKING ANY MATERIALLY UNTRUE statement with       1,297        

respect to a material matter in the license AN application FOR A   1,298        

LICENSE OR APPOINTMENT;                                            1,299        

      (2)  Any cause for which issuance of the license could have  1,301        

been refused had it existed and been known to the superintendent   1,302        

at the time of issuance;                                           1,303        

      (3)  The person has violated VIOLATING or failed FAILING to  1,306        

comply with any insurance law or any lawful, rule, SUBPOENA,       1,307        

CONSENT AGREEMENT, or order of the superintendent or the           1,309        

commissioner of insurance of another state;                                     

      (4)  The person has obtained or attempted to obtain any      1,311        

such license through mispresentation or fraud;                     1,312        

      (5)  The person has improperly withheld, misappropriated,;   1,314        

      (3)  MISAPPROPRIATING or converted CONVERTING to the         1,317        

person's own use any moneys belonging to policyholders, insurers   1,319        

PROSPECTIVE POLICYHOLDERS, beneficiaries, INSURANCE COMPANIES, or  1,320        

others received in the course of the person's insurance business;  1,321        

      (4)  FAILING TO TIMELY SUBMIT AN APPLICATION FOR INSURANCE.  1,324        

FOR PURPOSES OF DIVISION (B)(4) OF THIS SECTION, A SUBMISSION IS   1,326        

CONSIDERED TIMELY IF IT OCCURS WITHIN THE TIME PERIOD EXPRESSLY    1,327        

                                                          28     

                                                                 
PROVIDED FOR BY THE INSURER, OR WITHIN SEVEN DAYS AFTER THE AGENT  1,328        

ACCEPTS A PREMIUM OR AN ORDER TO BIND FROM A POLICYHOLDER OR       1,329        

APPLICANT, WHICHEVER IS LATER.                                                  

      (6)  The person has knowingly misrepresented (5)  KNOWINGLY  1,332        

MISREPRESENTING the terms, BENEFITS, VALUE, COST, OR EFFECTIVE     1,333        

DATES of any actual or proposed insurance policy or contract;      1,334        

      (7)  The person has been (6)  BEING convicted of a felony.   1,337        

If a person has been convicted of a felony based on evidence of    1,339        

acts or omissions related to the insurance business, the           1,340        

superintendent shall revoke any license issued to such person for  1,341        

a period of not less than two years.  If the person did not hold   1,342        

a license at the time of the conviction, no license shall be       1,343        

issued to the person for a period of two years after the date of   1,344        

the conviction.;                                                   1,345        

      (8)  The person is guilty of (7)  BEING CONVICTED OF A       1,347        

MISDEMEANOR THAT INVOLVES THE MISUSE OR THEFT OF MONEY OR          1,349        

PROPERTY BELONGING TO ANOTHER, FRAUD, FORGERY, DISHONEST ACTS, OR  1,350        

BREACH OF A FIDUCIARY DUTY, OR THAT IS BASED ON ANY ACT OR         1,351        

OMISSION RELATING TO THE BUSINESS OF INSURANCE, SECURITIES, OR     1,352        

FINANCIAL SERVICES;                                                             

      (9)(8)  COMMITTING an unfair or deceptive trade act OR       1,356        

practice or fraud under any section of Title XXXIX of the Revised  1,357        

Code OR ANY RULE ADOPTED THEREUNDER;                                            

      (9)  In the conduct of the person's affairs under a          1,359        

license, the person has used fraudulent, coercive, or dishonest    1,360        

practices, or is incompetent, untrustworthy, or financially        1,361        

irresponsible;                                                     1,362        

      (10)  The person's HAVING AN INSURANCE license has been      1,364        

suspended or revoked in any other state, province, district, or    1,366        

territory;                                                                      

      (11)  The person has forged (10)  FORGING OR CAUSING THE     1,368        

FORGERY OF another's name to ANY DOCUMENT RELATED TO OR USED IN    1,370        

an application for insurance TRANSACTION;                          1,371        

      (12)  The person has cheated (11)  POSSESSING OR USING ANY   1,374        

                                                          29     

                                                                 
UNAUTHORIZED MATERIALS DURING A LICENSING OR CONTINUING EDUCATION  1,375        

EXAMINATION OR CHEATING on an A LICENSING OR CONTINUING EDUCATION  1,376        

examination for an insurance license                               1,377        

      (B)  The license of a partnership or corporation may be      1,379        

suspended, revoked, or refused if the superintendent finds, after  1,380        

notice and hearing under Chapter 119. of the Revised Code, that    1,381        

an individual licensee's violation was known or should have been   1,382        

known by one or more of the partners, officers, directors, or      1,383        

managers acting on behalf of the partnership or corporation and    1,384        

such violation was not reported to the department of insurance or  1,385        

corrective action taken in relation to the violation;              1,386        

      (12)  FAILING TO DISCLOSE TO AN APPLICANT FOR INSURANCE OR   1,389        

POLICYHOLDER UPON ACCEPTING A PREMIUM OR AN ORDER TO BIND          1,390        

COVERAGE FROM THE APPLICANT OR POLICYHOLDER, THAT THE PERSON HAS   1,391        

NOT BEEN APPOINTED AS AGENT BY THE INSURER AND IS NOT AN           1,392        

APPOINTED SOLICITOR OF AN APPOINTED AGENT;                                      

      (13)  HAVING ANY PROFESSIONAL LICENSE SUSPENDED OR REVOKED   1,395        

AS A RESULT OF A MISHANDLING OF FUNDS OR BREACH OF FIDUCIARY       1,396        

RESPONSIBILITIES;                                                  1,397        

      (14)  CAUSING OR PERMITTING A POLICYHOLDER OR APPLICANT FOR  1,400        

INSURANCE TO DESIGNATE THE PERSON OR THE PERSON'S SPOUSE, PARENT,  1,401        

CHILD, OR SIBLING AS THE BENEFICIARY OF A POLICY OR ANNUITY SOLD   1,402        

BY THE PERSON, UNLESS THE PERSON OR A RELATIVE OF THE PERSON IS    1,403        

THE INSURED OR APPLICANT;                                                       

      (15)  FAILING TO PROVIDE A WRITTEN RESPONSE TO THE           1,405        

DEPARTMENT OF INSURANCE WITHIN THIRTY DAYS AFTER RECEIPT OF ANY    1,407        

WRITTEN INQUIRY FROM THE DEPARTMENT;                                            

      (16)  FAILING TO NOTIFY THE SUPERINTENDENT OF ANY CHANGE IN  1,410        

THE PERSON'S ADDRESS, WITHIN THIRTY DAYS AFTER THE CHANGE OCCURS,  1,412        

AS REQUIRED BY SECTION 3905.54 OF THE REVISED CODE;                             

      (17)  TRANSFERRING OR PLACING INSURANCE WITH AN INSURER      1,414        

OTHER THAN THE INSURER EXPRESSLY CHOSEN BY THE APPLICANT FOR       1,415        

INSURANCE OR POLICYHOLDER WITHOUT THE PRIOR CONSENT OF THE         1,416        

APPLICANT OR POLICYHOLDER OR ABSENT EXTENUATING CIRCUMSTANCES;     1,417        

                                                          30     

                                                                 
      (18)  ENGAGING IN ANY FRAUDULENT OR COERCIVE PRACTICE IN     1,420        

CONNECTION WITH THE BUSINESS OF INSURANCE;                                      

      (19)  FAILING TO INFORM A POLICYHOLDER OR APPLICANT FOR      1,422        

INSURANCE OF THE IDENTITY OF THE INSURER OR INSURERS, OR THE       1,423        

IDENTITY OF ANY OTHER INSURANCE AGENT, GENERAL AGENT, SURPLUS      1,424        

LINE BROKER, OR LICENSEE KNOWN TO BE INVOLVED IN PROCURING,        1,425        

PLACING, OR CONTINUING THE INSURANCE FOR THE POLICYHOLDER OR       1,426        

APPLICANT, UPON THE BINDING OF THE COVERAGE;                       1,427        

      (20)  IN THE CASE OF AN AGENT THAT IS A CORPORATION,         1,429        

LIMITED LIABILITY COMPANY, OR PARTNERSHIP, FAILING TO REPORT AN    1,430        

INDIVIDUAL LICENSEE'S VIOLATION TO THE DEPARTMENT WHEN THE         1,431        

VIOLATION WAS KNOWN OR SHOULD HAVE BEEN KNOWN BY ONE OR MORE OF    1,432        

THE PARTNERS, OFFICERS, MANAGERS, OR MEMBERS OF THE CORPORATION,   1,433        

LIMITED LIABILITY COMPANY, OR PARTNERSHIP;                         1,434        

      (21)  SUBMITTING OR USING A DOCUMENT IN THE CONDUCT OF THE   1,437        

BUSINESS OF INSURANCE WHEN THE PERSON KNEW OR SHOULD HAVE KNOWN    1,438        

THAT THE DOCUMENT CONTAINED THE FORGED SIGNATURE OF ANOTHER        1,439        

PERSON;                                                                         

      (22)  MISREPRESENTING THE PERSON'S QUALIFICATIONS OR USING   1,442        

IN ANY WAY A PROFESSIONAL DESIGNATION THAT HAS NOT BEEN CONFERRED  1,443        

UPON THE PERSON BY THE APPROPRIATE ACCREDITING ORGANIZATION;       1,444        

      (23)  OBTAINING A PREMIUM LOAN OR CAUSING A PREMIUM LOAN TO  1,447        

BE MADE TO OR IN THE NAME OF AN INSURED WITHOUT THAT PERSON'S      1,448        

KNOWLEDGE AND WRITTEN AUTHORIZATION;                                            

      (24)  FAILING TO NOTIFY THE SUPERINTENDENT OF ANY            1,450        

DISCIPLINARY ACTION TAKEN BY THE INSURANCE AUTHORITY OF ANOTHER    1,451        

STATE, WITHIN SIXTY DAYS AFTER THE ACTION WAS TAKEN, AS REQUIRED   1,453        

BY SECTION 3905.54 OF THE REVISED CODE;                                         

      (25)  FAILING TO FILE ANY OF THE REPORTS OR NOTICES          1,455        

REQUIRED UNDER THIS CHAPTER;                                       1,456        

      (26)  SUBMITTING AN APPLICATION FOR INSURANCE, OR CAUSING    1,459        

THE ISSUANCE OF AN INSURANCE POLICY OR CONTRACT, ON BEHALF OF AN   1,460        

APPLICANT WHO DID NOT REQUEST OR AUTHORIZE THE INSURANCE.          1,461        

DIVISION (B)(26) OF THIS SECTION DOES NOT APPLY TO ANY POLICY      1,462        

                                                          31     

                                                                 
ISSUED BY AN OTHER THAN LIFE INSURANCE COMPANY.                                 

      (27)  USING PAPER, SOFTWARE, OR ANY OTHER MATERIALS OF OR    1,465        

PROVIDED BY AN INSURER AFTER THE INSURER HAS TERMINATED THE                     

AUTHORITY OF THE LICENSEE, IF THE USE OF SUCH MATERIALS WOULD      1,466        

CAUSE A REASONABLE PERSON TO BELIEVE THAT THE LICENSEE WAS ACTING  1,468        

ON BEHALF OF OR OTHERWISE REPRESENTING THE INSURER;                1,469        

      (28)  PROVIDING MISLEADING, DECEPTIVE, OR UNTRUE             1,471        

INFORMATION TO AN APPLICANT FOR INSURANCE OR A POLICYHOLDER        1,472        

REGARDING A PARTICULAR INSURANCE AGENT, COMPANY, OR PRODUCT;       1,474        

      (29)  SOLICITING, PROCURING AN APPLICATION FOR, OR PLACING,  1,477        

EITHER DIRECTLY OR INDIRECTLY, ANY INSURANCE POLICY WHEN THE       1,478        

PERSON IS NOT AUTHORIZED UNDER THIS CHAPTER TO ENGAGE IN SUCH      1,479        

ACTIVITY;                                                                       

      (30)  SOLICITING, MARKETING, OR SELLING ANY PRODUCT OR       1,481        

SERVICE THAT OFFERS BENEFITS SIMILAR TO INSURANCE BUT IS NOT       1,482        

REGULATED BY THE SUPERINTENDENT, WITHOUT FULLY DISCLOSING TO THE   1,483        

PROSPECTIVE PURCHASER THAT THE PRODUCT OR SERVICE IS NOT           1,484        

INSURANCE AND IS NOT REGULATED BY THE SUPERINTENDENT;              1,485        

      (31)  FAILING TO FULFILL A REFUND OBLIGATION IN A TIMELY     1,487        

MANNER.  FOR PURPOSES OF DIVISION (B)(31) OF THIS SECTION, A       1,489        

REBUTTABLE PRESUMPTION EXISTS THAT A REFUND OBLIGATION IS NOT      1,490        

FULFILLED IN A TIMELY MANNER UNLESS IT IS FULFILLED WITHIN ONE OF  1,491        

THE FOLLOWING TIME PERIODS:                                        1,492        

      (a)  THIRTY DAYS AFTER THE DATE THE POLICYHOLDER,            1,495        

APPLICANT, OR INSURER TAKES OR REQUESTS ACTION RESULTING IN A      1,496        

REFUND;                                                                         

      (b)  THIRTY DAYS AFTER THE DATE OF THE INSURER'S REFUND      1,499        

CHECK, IF THE AGENT IS EXPECTED TO ISSUE A PORTION OF THE TOTAL    1,500        

REFUND;                                                                         

      (c)  FORTY-FIVE DAYS AFTER THE DATE OF THE AGENT'S           1,503        

STATEMENT OF ACCOUNT ON WHICH THE REFUND FIRST APPEARS.            1,504        

      (C)  Before denying, revoking, suspending, or refusing to    1,506        

continue or renew ISSUE any license or imposing any penalty under  1,508        

this section OR SECTION 3905.482 OF THE REVISED CODE, the          1,509        

                                                          32     

                                                                 
superintendent shall provide THE LICENSEE OR APPLICANT WITH        1,511        

notice and an opportunity for hearing, under AS PROVIDED IN        1,512        

Chapter 119. of the Revised Code, to the licensee or applicant     1,514        

and any insurer represented by the licensee or applicant EXCEPT    1,516        

AS FOLLOWS:                                                                     

      (1)(a)  ANY NOTICE OF OPPORTUNITY FOR HEARING, THE HEARING   1,518        

OFFICER'S FINDINGS AND RECOMMENDATIONS, OR THE SUPERINTENDENT'S    1,520        

ORDER SHALL BE SERVED BY CERTIFIED MAIL AT THE LAST KNOWN ADDRESS  1,521        

OF THE LICENSEE OR APPLICANT.  SERVICE SHALL BE EVIDENCED BY       1,522        

RETURN RECEIPT SIGNED BY ANY PERSON.                                            

      FOR PURPOSES OF THIS SECTION, THE "LAST KNOWN ADDRESS" IS    1,524        

THE ADDRESS THAT APPEARS IN THE LICENSING RECORDS OF THE           1,525        

DEPARTMENT OF INSURANCE.                                                        

      (b)  IF THE CERTIFIED MAIL ENVELOPE IS RETURNED WITH AN      1,528        

ENDORSEMENT SHOWING THAT SERVICE WAS REFUSED, OR THAT THE          1,529        

ENVELOPE WAS UNCLAIMED, THE NOTICE AND ALL SUBSEQUENT NOTICES                   

REQUIRED BY CHAPTER 119. OF THE REVISED CODE MAY BE SERVED BY      1,530        

ORDINARY MAIL TO THE LAST KNOWN ADDRESS OF THE LICENSEE OR         1,531        

APPLICANT.  THE MAILING SHALL BE EVIDENCED BY A CERTIFICATE OF     1,532        

MAILING.  SERVICE IS DEEMED COMPLETE AS OF THE DATE OF SUCH        1,533        

CERTIFICATE PROVIDED THAT THE ORDINARY MAIL ENVELOPE IS NOT        1,534        

RETURNED BY THE POSTAL AUTHORITIES WITH AN ENDORSEMENT SHOWING     1,535        

FAILURE OF DELIVERY.  THE TIME PERIOD IN WHICH TO REQUEST A        1,536        

HEARING, AS PROVIDED IN CHAPTER 119. OF THE REVISED CODE, BEGINS   1,539        

TO RUN ON THE DATE OF MAILING.                                     1,540        

      (c)  IF SERVICE BY ORDINARY MAIL FAILS, THE SUPERINTENDENT   1,543        

MAY CAUSE A SUMMARY OF THE SUBSTANTIVE PROVISIONS OF THE NOTICE    1,544        

TO BE PUBLISHED ONCE A WEEK FOR THREE CONSECUTIVE WEEKS IN A       1,545        

NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY WHERE THE LAST      1,546        

KNOWN PLACE OF RESIDENCE OR BUSINESS OF THE PARTY IS LOCATED.      1,547        

THE NOTICE IS CONSIDERED SERVED ON THE DATE OF THE THIRD           1,548        

PUBLICATION.                                                                    

      (d)  ANY NOTICE REQUIRED TO BE SERVED UNDER CHAPTER 119. OF  1,551        

THE REVISED CODE SHALL ALSO BE SERVED UPON THE PARTY'S ATTORNEY    1,554        

                                                          33     

                                                                 
BY ORDINARY MAIL IF THE ATTORNEY HAS ENTERED AN APPEARANCE IN THE  1,555        

MATTER.                                                                         

      (e)  THE SUPERINTENDENT MAY, AT ANY TIME, PERFECT SERVICE    1,558        

ON A PARTY BY PERSONAL DELIVERY OF THE NOTICE BY AN EMPLOYEE OF    1,559        

THE DEPARTMENT.                                                                 

      (f)  NOTICES REGARDING THE SCHEDULING OF HEARINGS AND ALL    1,562        

OTHER MATTERS NOT DESCRIBED IN DIVISION (C)(1)(a) OF THIS SECTION  1,564        

SHALL BE SENT BY ORDINARY MAIL TO THE PARTY AND TO THE PARTY'S     1,565        

ATTORNEY.                                                                       

      (2)  ANY SUBPOENA FOR THE APPEARANCE OF A WITNESS OR THE     1,568        

PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE AT A HEARING, OR FOR     1,569        

THE PURPOSE OF TAKING TESTIMONY FOR USE AT A HEARING, SHALL BE     1,570        

SERVED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, BY AN                       

ATTORNEY OR BY AN EMPLOYEE OF THE DEPARTMENT DESIGNATED BY THE     1,571        

SUPERINTENDENT.  SUCH SUBPOENAS SHALL BE ENFORCED IN THE MANNER    1,572        

PROVIDED IN SECTION 119.09 OF THE REVISED CODE.  NOTHING IN THIS   1,575        

SECTION SHALL BE CONSTRUED AS LIMITING THE SUPERINTENDENT'S OTHER  1,576        

STATUTORY POWERS TO ISSUE SUBPOENAS.                               1,577        

      (D)  The IF THE superintendent DETERMINES THAT A VIOLATION   1,579        

DESCRIBED IN THIS SECTION HAS OCCURRED, THE SUPERINTENDENT may     1,580        

modify any order under this section and restore a license of or    1,582        

issue a license to a person if the superintendent finds, after     1,583        

notice and opportunity for hearing provided to affected parties,   1,584        

that the person can demonstrate all DO ANY of the following:       1,585        

      (1)  The person has made restitution for all pecuniary       1,587        

losses caused by his ASSESS A CIVIL FORFEITURE IN AN AMOUNT NOT    1,588        

EXCEEDING TWENTY-FIVE THOUSAND DOLLARS PER violation;              1,589        

      (2)  The person's character and reputation have been         1,591        

rehabilitated so that the person possesses the personal            1,592        

qualifications required for the initial issuance of a license;     1,593        

ASSESS ADMINISTRATIVE COSTS TO COVER THE EXPENSES INCURRED BY THE  1,595        

DEPARTMENT IN THE ADMINISTRATIVE ACTION, INCLUDING COSTS INCURRED  1,596        

IN THE INVESTIGATION AND HEARING PROCESSES.  ANY COSTS COLLECTED   1,597        

SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE         1,598        

                                                          34     

                                                                 
DEPARTMENT OF INSURANCE OPERATING FUND CREATED IN SECTION                       

3901.021 OF THE REVISED CODE.                                      1,600        

      (3)  If the order was an order of revocation based on a      1,602        

conviction for felony based on evidence of acts or omissions       1,603        

related to the insurance business, that two years have elapsed     1,604        

since the effective date of the order, or if the order was an      1,605        

order denying a license because of such a conviction, that two     1,606        

years have elapsed since the date of the conviction SUSPEND ALL    1,608        

OF THE PERSON'S LICENSES FOR ALL LINES OF INSURANCE FOR EITHER A   1,609        

SPECIFIED PERIOD OF TIME OR AN INDEFINITE PERIOD OF TIME AND       1,610        

UNDER SUCH TERMS AND CONDITIONS AS THE SUPERINTENDENT MAY          1,611        

DETERMINE;                                                                      

      (4)  If required by the superintendent, the person passes    1,613        

the examination required for an initial issuance of the license    1,614        

PERMANENTLY REVOKE ALL OF THE PERSON'S LICENSES FOR ALL LINES OF   1,616        

INSURANCE;                                                                      

      (5)  REFUSE TO ISSUE A LICENSE;                              1,618        

      (6)  REFUSE TO RENEW A LICENSE;                              1,620        

      (7)  PROHIBIT THE PERSON FROM BEING EMPLOYED IN ANY          1,622        

CAPACITY IN THE BUSINESS OF INSURANCE AND FROM HAVING ANY          1,623        

FINANCIAL INTEREST IN ANY INSURANCE AGENCY, COMPANY, OR            1,624        

THIRD-PARTY ADMINISTRATOR IN THIS STATE.  THE SUPERINTENDENT MAY,  1,626        

IN THE SUPERINTENDENT'S DISCRETION, DETERMINE THE NATURE,                       

CONDITIONS, AND DURATION OF SUCH RESTRICTIONS.                     1,627        

      (8)  ORDER CORRECTIVE ACTIONS IN LIEU OF OR IN ADDITION TO   1,630        

THE OTHER PENALTIES LISTED IN DIVISION (D) OF THIS SECTION.  SUCH  1,631        

AN ORDER MAY PROVIDE FOR THE SUSPENSION OF CIVIL FORFEITURES,      1,632        

LICENSE REVOCATION, LICENSE SUSPENSION, OR REFUSAL TO ISSUE OR     1,633        

RENEW A LICENSE IF THE LICENSEE COMPLIES WITH THE TERMS AND        1,634        

CONDITIONS OF THE CORRECTIVE ACTION ORDER.                         1,635        

      (9)  ACCEPT A SURRENDER FOR CAUSE OFFERED BY THE LICENSEE,   1,638        

WHICH SHALL BE FOR AT LEAST FIVE YEARS AND SHALL PROHIBIT THE      1,639        

LICENSEE FROM SEEKING ANY LICENSE AUTHORIZED UNDER THIS CHAPTER    1,640        

DURING THAT TIME PERIOD.  A SURRENDER FOR CAUSE MAY ALSO INCLUDE   1,641        

                                                          35     

                                                                 
A CORRECTIVE ACTION ORDER AS PROVIDED IN DIVISION (D)(8) OF THIS   1,642        

SECTION.                                                                        

      (E)  The superintendent shall MAY consider the following     1,644        

standards FACTORS in denying a license, imposing suspensions,      1,645        

revocations, FINES, or refusals of continuations or renewals of    1,647        

licenses OTHER PENALTIES, AND ISSUING ORDERS UNDER THIS SECTION:   1,648        

      (1)  Whether the person acted in good faith and without      1,650        

knowledge of his violation and makes;                              1,651        

      (2)  WHETHER THE PERSON MADE restitution for any pecuniary   1,654        

losses suffered by other persons as a result of his THE PERSON'S   1,655        

actions.  In such cases, the maximum suspension shall be ninety    1,656        

days.                                                              1,657        

      (2)  Whether, within the meanings defined in section         1,659        

2901.22 of the Revised Code, the person acted purposely,           1,660        

knowingly, recklessly, or negligently;                             1,661        

      (3)  Whether the amount of money or the nature of the        1,663        

property involved in the violation would, if it were the subject   1,664        

of a criminal offense, make a theft offense a misdemeanor or a     1,665        

felony THE ACTUAL HARM OR POTENTIAL FOR HARM TO OTHERS;            1,666        

      (4)  The degree of trust placed in the person by, and the    1,668        

incompetency, inexperience, or susceptibility to undue influence   1,669        

or duress VULNERABILITY of, any other person involved PERSONS WHO  1,671        

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

ACTIONS;                                                           1,672        

      (5)  The effect of the violation upon the perception by      1,674        

insureds and insurance customers of the ethics and integrity of    1,675        

the insurance industry WHETHER THE PERSON WAS THE SUBJECT OF ANY   1,676        

PREVIOUS ADMINISTRATIVE ACTIONS BY THE SUPERINTENDENT;             1,677        

      (6)  The extent to which NUMBER OF INDIVIDUALS ADVERSELY     1,679        

AFFECTED BY the person's conduct departed from the customary and   1,681        

usual ethical standards of persons engaged in the insurance        1,682        

business ACTS OR OMISSIONS;                                                     

      (7)  WHETHER THE PERSON VOLUNTARILY REPORTED THE VIOLATION,  1,684        

AND THE EXTENT OF THE PERSON'S COOPERATION AND ACCEPTANCE OF       1,685        

                                                          36     

                                                                 
RESPONSIBILITY;                                                    1,686        

      (8)  WHETHER THE PERSON OBSTRUCTED OR IMPEDED, OR ATTEMPTED  1,689        

TO OBSTRUCT OR IMPEDE, THE SUPERINTENDENT'S INVESTIGATION;         1,690        

      (9)  THE PERSON'S EFFORTS TO CONCEAL THE MISCONDUCT;         1,693        

      (10)  REMEDIAL EFFORTS TO PREVENT FUTURE VIOLATIONS;         1,696        

      (11)  IF THE PERSON WAS CONVICTED OF A CRIMINAL OFFENSE,     1,699        

THE NATURE OF THE OFFENSE, WHETHER THE CONVICTION WAS BASED ON     1,700        

ACTS OR OMISSIONS TAKEN UNDER ANY PROFESSIONAL LICENSE, WHETHER    1,701        

THE OFFENSE INVOLVED THE BREACH OF A FIDUCIARY DUTY, THE AMOUNT    1,702        

OF TIME THAT HAS PASSED, AND THE PERSON'S ACTIVITIES SUBSEQUENT    1,703        

TO THE CONVICTION;                                                              

      (12)  Such other factors as the superintendent determines    1,705        

to be appropriate under the circumstances.                         1,706        

      (F)(1)  A VIOLATION DESCRIBED IN DIVISION (B)(1), (2), (3),  1,709        

(5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (17),       1,710        

(18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29),  1,712        

(30), OR (31) OF THIS SECTION IS A CLASS A OFFENSE FOR WHICH THE   1,713        

SUPERINTENDENT MAY IMPOSE ANY PENALTY SET FORTH IN DIVISION (D)    1,715        

OF THIS SECTION.                                                                

      (2)  A VIOLATION DESCRIBED IN DIVISION (B)(4), (15), (16),   1,718        

OR (24) OF THIS SECTION IS A CLASS B OFFENSE FOR WHICH THE         1,720        

SUPERINTENDENT MAY IMPOSE ANY PENALTY SET FORTH IN DIVISION        1,722        

(D)(1), (2), (8), OR (9) OF THIS SECTION.                          1,723        

      (G)  IF A VIOLATION DESCRIBED IN THIS SECTION HAS CAUSED,    1,726        

IS CAUSING, OR IS ABOUT TO CAUSE SUBSTANTIAL AND MATERIAL HARM,    1,727        

THE SUPERINTENDENT MAY ISSUE AN ORDER REQUIRING THAT PERSON TO     1,728        

CEASE AND DESIST FROM ENGAGING IN THE VIOLATION.  NOTICE OF THE    1,729        

ORDER SHALL BE MAILED BY CERTIFIED MAIL, RETURN RECEIPT            1,730        

REQUESTED, OR SERVED IN ANY OTHER MANNER PROVIDED FOR IN THIS      1,731        

SECTION, IMMEDIATELY AFTER ITS ISSUANCE TO THE PERSON SUBJECT TO   1,732        

THE ORDER AND TO ALL PERSONS KNOWN TO BE INVOLVED IN THE           1,733        

VIOLATION.  THE SUPERINTENDENT MAY THEREAFTER PUBLICIZE OR         1,734        

OTHERWISE MAKE KNOWN TO ALL INTERESTED PARTIES THAT THE ORDER HAS  1,735        

BEEN ISSUED.                                                                    

                                                          37     

                                                                 
      THE NOTICE SHALL SPECIFY THE PARTICULAR ACT, OMISSION,       1,737        

PRACTICE, OR TRANSACTION THAT IS SUBJECT TO THE CEASE-AND-DESIST   1,738        

ORDER AND SHALL SET A DATE, NOT MORE THAN FIFTEEN DAYS AFTER THE   1,739        

DATE OF THE ORDER, FOR A HEARING ON THE CONTINUATION OR            1,740        

REVOCATION OF THE ORDER.  THE PERSON SHALL COMPLY WITH THE ORDER   1,741        

IMMEDIATELY UPON RECEIPT OF NOTICE OF THE ORDER.                   1,742        

      THE SUPERINTENDENT MAY, UPON THE APPLICATION OF A PARTY AND  1,745        

FOR GOOD CAUSE SHOWN, CONTINUE THE HEARING.  CHAPTER 119. OF THE   1,746        

REVISED CODE APPLIES TO SUCH HEARINGS TO THE EXTENT THAT THAT      1,749        

CHAPTER DOES NOT CONFLICT WITH THE PROCEDURES SET FORTH IN THIS    1,750        

SECTION.  THE SUPERINTENDENT SHALL, WITHIN FIFTEEN DAYS AFTER      1,751        

OBJECTIONS ARE SUBMITTED TO THE HEARING OFFICER'S REPORT AND       1,752        

RECOMMENDATION, ISSUE A FINAL ORDER EITHER CONFIRMING OR REVOKING  1,753        

THE CEASE-AND-DESIST ORDER.  THE FINAL ORDER MAY BE APPEALED AS    1,754        

PROVIDED UNDER SECTION 119.12 OF THE REVISED CODE.                 1,756        

      THE REMEDY UNDER THIS DIVISION IS CUMULATIVE AND CONCURRENT  1,759        

WITH THE OTHER REMEDIES AVAILABLE UNDER THIS SECTION.                           

      (H)  IF THE SUPERINTENDENT HAS REASONABLE CAUSE TO BELIEVE   1,762        

THAT AN ORDER ISSUED UNDER THIS SECTION HAS BEEN VIOLATED IN       1,763        

WHOLE OR IN PART, THE SUPERINTENDENT MAY REQUEST THE ATTORNEY      1,764        

GENERAL TO COMMENCE AND PROSECUTE ANY APPROPRIATE ACTION OR        1,765        

PROCEEDING IN THE NAME OF THE STATE AGAINST SUCH PERSON.           1,766        

      THE COURT MAY, IN AN ACTION BROUGHT PURSUANT TO THIS         1,768        

DIVISION, IMPOSE ANY OF THE FOLLOWING:                             1,769        

      (1)  FOR EACH VIOLATION, A CIVIL PENALTY OF NOT MORE THAN    1,772        

TWENTY-FIVE THOUSAND DOLLARS;                                                   

      (2)  INJUNCTIVE RELIEF;                                      1,774        

      (3)  RESTITUTION;                                            1,776        

      (4)  ANY OTHER APPROPRIATE RELIEF.                           1,778        

      (I)  THIS SECTION APPLIES TO BOTH RESIDENT AND NONRESIDENT   1,781        

AGENTS WHO ARE LICENSED UNDER THIS CHAPTER.                        1,782        

      (J)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE    1,785        

OR IMPLY A PRIVATE CAUSE OF ACTION AGAINST AN AGENT, SOLICITOR,    1,786        

OR INSURER.                                                                     

                                                          38     

                                                                 
      Sec. 3905.491.  (A)  UPON WRITTEN APPLICATION OF A PERSON    1,789        

WHOSE LICENSE WAS SUSPENDED, REVOKED, OR SURRENDERED FOR CAUSE     1,790        

UNDER SECTION 3905.49 OF THE REVISED CODE, THE SUPERINTENDENT OF   1,792        

INSURANCE SHALL HOLD A HEARING TO DETERMINE WHETHER THE            1,793        

ADMINISTRATIVE ACTION IMPOSING SUCH SUSPENSION, REVOCATION, OR     1,794        

SURRENDER SHOULD BE MODIFIED, PROVIDED THAT ALL OF THE FOLLOWING   1,795        

CONDITIONS ARE MET:                                                1,796        

      (1)  AT LEAST FIVE YEARS HAVE ELAPSED SINCE THE DATE OF THE  1,799        

ADMINISTRATIVE ACTION SOUGHT TO BE MODIFIED;                                    

      (2)  AT LEAST TWO YEARS HAVE ELAPSED SINCE ANY PREVIOUS      1,801        

REQUEST FOR A MODIFICATION WAS MADE UNDER THIS SECTION;            1,802        

      (3)  THE BURDEN OF PROOF IS ON THE PERSON REQUESTING THE     1,805        

MODIFICATION.                                                                   

      (B)  THE MODIFICATION OF AN ORDER ISSUED OR CONSENT          1,808        

AGREEMENT ENTERED INTO UNDER SECTION 3905.49 OF THE REVISED CODE   1,810        

IS AT THE DISCRETION OF THE SUPERINTENDENT.  THE SUPERINTENDENT    1,811        

MAY MODIFY SUCH AN ORDER OR AGREEMENT IF THE SUPERINTENDENT FINDS  1,812        

ALL OF THE FOLLOWING:                                              1,813        

      (1)  AT LEAST FIVE YEARS HAVE ELAPSED SINCE THE DATE OF THE  1,816        

ADMINISTRATIVE ACTION;                                                          

      (2)  THE PERSON IS OF GOOD BUSINESS REPUTE AND IS SUITABLE   1,819        

TO BE AN INSURANCE AGENT;                                                       

      (3)  THE PERSON HAS MADE RESTITUTION FOR ALL PECUNIARY       1,821        

LOSSES SUFFERED BY ANY PERSON AS A RESULT OF THE CONDUCT THAT      1,822        

GAVE RISE TO THE ADMINISTRATIVE ACTION;                            1,823        

      (4)  THE PERSON HAS NOT BEEN CONVICTED OF ANY FELONY OR OF   1,826        

ANY MISDEMEANOR DESCRIBED IN DIVISION (B)(7) OF SECTION 3905.49    1,827        

OF THE REVISED CODE UNLESS THE CONVICTION WAS THE SUBJECT OF A     1,830        

PREVIOUS ADMINISTRATIVE ACTION BY THE SUPERINTENDENT;              1,831        

      (5)  THE CIRCUMSTANCES SURROUNDING THE PREVIOUS VIOLATION    1,834        

ARE SUCH THAT IT IS UNLIKELY THE PERSON WOULD COMMIT SUCH          1,835        

OFFENSES IN THE FUTURE;                                                         

      (6)  THE PERSON'S CHARACTER HAS BEEN REHABILITATED.          1,838        

      (C)  THE ISSUANCE OF ANY LICENSE PURSUANT TO A MODIFICATION  1,841        

                                                          39     

                                                                 
UNDER THIS SECTION SHALL BE CONDITIONED UPON THE SUCCESSFUL        1,842        

COMPLETION OF ALL PRELICENSING EDUCATION AND EXAMINATION           1,843        

REQUIREMENTS.                                                                   

      Sec. 3905.492.  (A)(1)  ALL RECORDS AND OTHER INFORMATION    1,845        

OBTAINED BY THE SUPERINTENDENT OF INSURANCE OR THE                 1,846        

SUPERINTENDENT'S DEPUTIES, EXAMINERS, ASSISTANTS, OR OTHER         1,847        

EMPLOYEES, OR AGENTS RELATING TO AN INVESTIGATION OF AN APPLICANT  1,848        

FOR LICENSURE UNDER THIS CHAPTER, OR OF AN AGENT, SOLICITOR,       1,849        

BROKER, OR OTHER PERSON LICENSED UNDER THIS CHAPTER OR CHAPTER     1,850        

3951., 3957., OR 3959. OF THE REVISED CODE, ARE CONFIDENTIAL AND   1,851        

ARE NOT PUBLIC RECORDS AS DEFINED IN SECTION 149.43 OF THE                      

REVISED CODE UNTIL THE APPLICANT OR LICENSEE IS PROVIDED NOTICE    1,852        

AND OPPORTUNITY FOR HEARING PURSUANT TO CHAPTER 119. OF THE        1,853        

REVISED CODE WITH RESPECT TO SUCH RECORDS OR INFORMATION.  IF NO   1,854        

ADMINISTRATIVE ACTION IS INITIATED WITH RESPECT TO A PARTICULAR    1,855        

MATTER ABOUT WHICH THE SUPERINTENDENT OBTAINED RECORDS OR OTHER                 

INFORMATION AS PART OF AN INVESTIGATION, ALL SUCH RECORDS AND      1,856        

INFORMATION RELATING TO THAT MATTER SHALL REMAIN CONFIDENTIAL FOR  1,857        

THREE YEARS AFTER THE FILE ON THE MATTER IS CLOSED.                1,859        

      (2)  DIVISION (A)(1) OF THIS SECTION APPLIES ONLY TO         1,862        

INVESTIGATIONS THAT COULD RESULT IN ADMINISTRATIVE ACTION UNDER    1,864        

TITLE XVII OR XXXIX OR CHAPTER 119. OF THE REVISED CODE.           1,869        

      (B)  THE RECORDS AND OTHER INFORMATION DESCRIBED IN          1,872        

DIVISION (A) OF THIS SECTION SHALL REMAIN CONFIDENTIAL FOR ALL     1,873        

PURPOSES EXCEPT WHEN IT IS APPROPRIATE FOR THE SUPERINTENDENT AND  1,874        

THE SUPERINTENDENT'S DEPUTIES, EXAMINERS, ASSISTANTS, OR OTHER     1,875        

EMPLOYEES, OR AGENTS TO TAKE OFFICIAL ACTION REGARDING THE         1,877        

AFFAIRS OF THE APPLICANT OR LICENSEE OR IN CONNECTION WITH ACTUAL  1,878        

OR POTENTIAL CRIMINAL PROCEEDINGS.                                 1,879        

      (C)  EMPLOYEES OR AGENTS OF THE DEPARTMENT OF INSURANCE      1,882        

SHALL NOT BE REQUIRED BY ANY COURT IN THIS STATE TO TESTIFY IN A   1,883        

CIVIL ACTION, IF SUCH TESTIMONY CONCERNS ANY MATTER RELATED TO     1,884        

RECORDS OR ANY OTHER INFORMATION CONSIDERED CONFIDENTIAL UNDER     1,885        

THIS SECTION OF WHICH THEY HAVE KNOWLEDGE.                         1,886        

                                                          40     

                                                                 
      (D)  THIS SECTION DOES NOT APPLY TO ANY COMPLAINT OR ACTION  1,888        

UNDER SECTION 3905.04 OF THE REVISED CODE.                         1,889        

      Sec. 3905.54.  EACH AGENT LICENSED UNDER THIS CHAPTER SHALL  1,892        

NOTIFY THE SUPERINTENDENT OF INSURANCE IN WRITING OF ALL OF THE    1,893        

FOLLOWING, AS APPLICABLE:                                                       

      (A)  ANY CHANGE IN THE AGENT'S ADDRESS, WITHIN THIRTY DAYS   1,897        

AFTER THE CHANGE OCCURS.  FOR PURPOSES OF THIS DIVISION,                        

"ADDRESS" MEANS RESIDENTIAL ADDRESS, BUSINESS ADDRESS, AND ANY     1,899        

OTHER ADDRESS OR ADDRESSES THE SUPERINTENDENT REQUIRES BY RULE     1,900        

ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.       1,903        

      (B)  ANY FELONY CONVICTION, OR ANY MISDEMEANOR CONVICTION    1,906        

DESCRIBED IN DIVISION (B)(7) OF SECTION 3905.49 OF THE REVISED     1,909        

CODE, WITHIN THIRTY DAYS AFTER SENTENCING.  THE NOTICE SHALL       1,910        

INCLUDE THE NAME OF THE COURT HAVING JURISDICTION OVER THE         1,911        

MATTER, THE CASE NUMBER, THE OFFENSE CHARGED, THE SENTENCE         1,912        

IMPOSED, AND A COPY OF THE JUDGMENT ENTRY.                         1,913        

      (C)  ANY DISCIPLINARY ACTION TAKEN BY THE INSURANCE          1,916        

AUTHORITY OF ANOTHER STATE, WITHIN SIXTY DAYS AFTER THE ACTION IS  1,917        

TAKEN.                                                                          

      Sec. 3905.55.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF    1,920        

THIS SECTION, AN AGENT MAY CHARGE A CONSUMER A FEE IF ALL OF THE   1,921        

FOLLOWING CONDITIONS ARE MET:                                      1,922        

      (1)  THE FEE IS DISCLOSED TO THE CONSUMER IN A MANNER THAT   1,925        

SEPARATELY IDENTIFIES THE FEE AND THE PREMIUM.                                  

      (2)  THE FEE IS NOT CALCULATED AS A PERCENTAGE OF THE        1,927        

PREMIUM.                                                           1,928        

      (3)  THE FEE IS NOT REFUNDED, FORGIVEN, WAIVED, OFFSET, OR   1,931        

REDUCED BY ANY COMMISSION EARNED OR RECEIVED FOR ANY POLICY OR     1,932        

COVERAGE SOLD.                                                                  

      (4)  THE AMOUNT OF THE FEE, AND THE CONSUMER'S OBLIGATION    1,935        

TO PAY THE FEE, ARE NOT CONDITIONED UPON THE OCCURRENCE OF A       1,936        

FUTURE EVENT OR CONDITION, SUCH AS THE PURCHASE, CANCELLATION,     1,937        

LAPSE, DECLINATION, OR NONRENEWAL OF INSURANCE.                    1,938        

      (5)  THE AGENT DISCLOSES TO THE CONSUMER THAT THE FEE IS     1,941        

                                                          41     

                                                                 
BEING CHARGED BY THE AGENT AND NOT BY THE INSURANCE COMPANY, THAT  1,942        

NEITHER STATE LAW NOR THE INSURANCE COMPANY REQUIRES THE AGENT TO  1,943        

CHARGE THE FEE, AND THAT THE FEE IS NOT REFUNDABLE.                1,944        

      (6)  THE CONSUMER CONSENTS TO THE FEE.                       1,946        

      (7)  THE AGENT, IN CHARGING THE FEE, DOES NOT DISCRIMINATE   1,949        

ON THE BASIS OF RACE, SEX, NATIONAL ORIGIN, RELIGION, DISABILITY,  1,950        

HEALTH STATUS, AGE, MARITAL STATUS, OR GEOGRAPHIC LOCATION, AND    1,951        

DOES NOT UNFAIRLY DISCRIMINATE BETWEEN PERSONS OF ESSENTIALLY THE  1,952        

SAME CLASS AND OF ESSENTIALLY THE SAME HAZARD OR EXPECTATION OF    1,953        

LIFE.                                                                           

      (B)  A FEE MAY NOT BE CHARGED FOR TAKING OR SUBMITTING AN    1,956        

INITIAL APPLICATION FOR COVERAGE WITH ANY ONE INSURER OR           1,957        

DIFFERENT PROGRAMS WITH THE SAME INSURER, OR PROCESSING A CHANGE   1,958        

TO AN EXISTING POLICY, A CANCELLATION, A CLAIM, OR A RENEWAL, IN   1,959        

CONNECTION WITH ANY OF THE FOLLOWING PERSONAL LINES POLICIES:      1,960        

      (1)  PRIVATE PASSENGER AUTOMOBILE;                           1,962        

      (2)  HOMEOWNERS, INCLUDING COVERAGE FOR TENANTS OR           1,964        

CONDOMINIUM OWNERS, OWNER-OCCUPIED FIRE OR DWELLING PROPERTY       1,965        

COVERAGE, PERSONAL UMBRELLA LIABILITY, OR ANY OTHER PERSONAL       1,966        

LINES-RELATED COVERAGE WHETHER SOLD AS A SEPARATE POLICY OR AS AN  1,968        

ENDORSEMENT TO ANOTHER PERSONAL LINES POLICY;                                   

      (3)  INDIVIDUAL LIFE INSURANCE;                              1,970        

      (4)  INDIVIDUAL SICKNESS OR ACCIDENT INSURANCE;              1,972        

      (5)  DISABILITY INCOME POLICIES;                             1,974        

      (6)  CREDIT INSURANCE PRODUCTS.                              1,977        

      (C)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,    1,980        

AN AGENT MAY CHARGE A FEE FOR AGENT SERVICES IN CONNECTION WITH A  1,981        

POLICY ISSUED ON A NO-COMMISSION BASIS, IF THE AGENT PROVIDES THE  1,982        

CONSUMER WITH PRIOR DISCLOSURE OF THE FEE AND OF THE SERVICES TO   1,983        

BE PROVIDED.                                                       1,984        

      (D)  IN THE EVENT OF A DISPUTE BETWEEN AN AGENT AND A        1,987        

CONSUMER REGARDING ANY DISCLOSURE REQUIRED BY THIS SECTION, THE    1,988        

AGENT HAS THE BURDEN OF PROVING THAT THE DISCLOSURE WAS MADE.      1,989        

      (E)(1)  NO PERSON SHALL FAIL TO COMPLY WITH THIS SECTION.    1,992        

                                                          42     

                                                                 
      (2)  WHOEVER VIOLATES DIVISION (E)(1) OF THIS SECTION IS     1,995        

DEEMED TO HAVE ENGAGED IN AN UNFAIR AND DECEPTIVE ACT OR PRACTICE  1,997        

IN THE BUSINESS OF INSURANCE UNDER SECTIONS 3901.19 TO 3901.26 OF  1,998        

THE REVISED CODE.                                                  1,999        

      Sec. 3905.99.  (A)  Whoever violates sections 3905.181,      2,008        

3905.21, or 3905.23 of the Revised Code shall be fined not less    2,009        

than twenty-five nor more than five hundred dollars or imprisoned  2,010        

not more than six months, or both.                                              

      (B)  Whoever violates section 3905.31 or 3905.33 of the      2,012        

Revised Code shall be fined not less than twenty-five nor more     2,013        

than five hundred dollars or imprisoned not more than one year,    2,014        

or both.                                                                        

      (C)  Whoever violates section 3905.37 or 3905.43 of the      2,016        

Revised Code shall be fined not less than one hundred nor more     2,017        

than five hundred dollars.                                                      

      (D)  WHOEVER VIOLATES SECTION 3905.01 OF THE REVISED CODE    2,019        

IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.                    2,020        

      Sec. 3913.40.  (A)  Any insurer, INCLUDING ANY FRATERNAL     2,029        

BENEFIT SOCIETY, that is organized under the laws of another       2,031        

state and is admitted to transact the business of insurance in     2,032        

this state may become a domestic insurer by complying with all of  2,033        

the requirements of law relative to the organization and           2,034        

licensing of a domestic insurer of the same type and by            2,035        

designating its principal place of business at a place in this     2,036        

state.  Such a domestic insurer shall be issued like certificates  2,037        

and licenses to transact business in this state, is subject to     2,038        

the jurisdiction of this state, and shall be recognized as an      2,039        

insurer formed under the laws of this state as of the date of its  2,040        

original incorporation in its original domiciliary state.  The     2,041        

superintendent of insurance shall approve any proposed transfer    2,042        

of domicile under this division unless the superintendent          2,043        

determines that the transfer is not in the interest of                          

policyholders of this state.                                       2,044        

      (B)  Any domestic insurer, upon the approval of the          2,046        

                                                          43     

                                                                 
superintendent, may transfer its domicile to any other state in    2,047        

which it is admitted to transact the business of insurance.  Upon  2,048        

such a transfer, the insurer shall cease to be a domestic          2,049        

insurer, and shall be admitted to this state if qualified as a     2,050        

foreign insurer.  The superintendent shall approve any proposed    2,051        

transfer of domicile under this division unless the                2,052        

superintendent determines that the transfer is not in the          2,053        

interest of policyholders of this state.                           2,054        

      (C)(1)  With respect to any insurer, INCLUDING ANY           2,056        

FRATERNAL BENEFIT SOCIETY, that is licensed to transact the        2,058        

business of insurance in this state and that transfers its         2,059        

domicile to this or any other state by merger, consolidation, or   2,060        

any other lawful method, both of the following apply:              2,061        

      (a)  The certificate of authority, agents appointments and   2,063        

licenses, rates, and other items as allowed by the superintendent  2,064        

that are in existence at the time of the transfer shall continue   2,065        

in effect upon the transfer if the insurer remains qualified to    2,066        

transact the business of insurance in this state.                  2,067        

      (b)  All outstanding policies shall remain in effect and     2,069        

need not be endorsed as to the new name of the company or its new  2,070        

location unless so ordered by the superintendent.                  2,071        

      (2)  Every transferring insurer as described in division     2,073        

(C)(1) of this section shall file new policy forms with the        2,074        

superintendent on or before the effective date of the transfer,    2,075        

but may use existing policy forms with appropriate endorsements    2,076        

if allowed by, and under such conditions as are approved by, the   2,077        

superintendent.  Every such insurer shall notify the               2,078        

superintendent of the details of the proposed transfer, and shall  2,079        

file promptly any resulting amendments to corporate documents      2,080        

filed or required to be filed with the superintendent.             2,081        

      (D)  NOTHING IN THIS SECTION OR ANY OTHER PROVISION OF THE   2,083        

REVISED CODE PROHIBITS AN INSURER FROM TRANSFERRING ITS DOMICILE   2,084        

TO THIS STATE BECAUSE ITS CHARTER, BYLAWS, OR ANY OTHER            2,085        

ORGANIZATIONAL DOCUMENT CONTAINS CHARACTERISTICS OF BOTH A MUTUAL  2,086        

                                                          44     

                                                                 
INSURANCE COMPANY AND A STOCK INSURANCE COMPANY.                                

      (E)  The superintendent, in accordance with Chapter 119. of  2,088        

the Revised Code, may adopt rules to carry out the purposes of     2,089        

this section.                                                      2,090        

      Sec. 3921.33.  (A)  Agents of fraternal benefit societies    2,099        

shall be licensed in the manner provided for agents of insurance   2,100        

companies in Chapter 3905. of the Revised Code, and shall be       2,102        

required to complete the continuing education instruction set      2,103        

forth in section 3905.481 of the Revised Code starting with the    2,104        

twenty-four-month period commencing on the first day of January    2,105        

of 1999.  However, no written or other examination shall be                     

required of any person whose application for the original          2,108        

issuance of a license to represent a fraternal benefit society as  2,110        

its agent was filed with the superintendent of insurance prior to  2,111        

January 1, 1997.                                                                

      (B)  The following persons shall not be required to be       2,114        

licensed in accordance with division (A) of this section:          2,115        

      (1)  Any regularly salaried officer, employee, or member of  2,117        

a licensed society who devotes substantially all of the person's   2,118        

services to activities other than the solicitation of fraternal    2,119        

insurance contracts from the public, and who receives for the      2,120        

solicitation of any such contracts no commission or other          2,121        

compensation directly dependent upon the amount of business                     

obtained.                                                                       

      The officers, employees, and members described in division   2,123        

(B)(1) of this section also are not subject to examination by the  2,124        

superintendent under Chapter 3905. of the Revised Code.            2,125        

      (2)  Any agent or representative of a society who devotes,   2,127        

or intends to devote, less than fifty per cent of the person's     2,128        

time to the solicitation and procurement of insurance contracts    2,129        

for the society.  For purposes of division (B)(2) of this          2,130        

section, any person who, in the preceding calendar year, has       2,131        

received a commission or other compensation for soliciting and     2,132        

procuring any of the following contracts on behalf of an                        

                                                          45     

                                                                 
individual society is presumed to have devoted, or to have         2,134        

intended to devote, fifty per cent of the person's time to the     2,135        

solicitation and procurement of insurance contracts:               2,136        

      (a)  Life insurance contracts that, in the aggregate,        2,138        

exceeded two hundred thousand dollars of coverage for all lives    2,139        

insured for the preceding calendar year;                           2,140        

      (b)  A permanent life insurance contract offering more than  2,143        

ten thousand dollars of coverage on an individual life;                         

      (c)  A term life insurance contract offering more than       2,145        

fifty thousand dollars of coverage on an individual life;          2,146        

      (d)  Any insurance contracts other than life that the        2,148        

society may write and that insure the individual lives of more     2,149        

than twenty-five individuals;                                      2,150        

      (e)  Any contract issued on a variable basis, as authorized  2,152        

by division (C) of section 3921.22 of the Revised Code.            2,153        

      Sec. 3923.121.  (A)  As used in this section:                2,162        

      (1)  "Association" means a voluntary unincorporated          2,164        

association of insurers formed for the sole purpose of enabling    2,165        

cooperative action to provide sickness and accident insurance in   2,166        

accordance with this section.                                      2,167        

      (2)  "Insurer" means any insurance company authorized to do  2,169        

the business of sickness and accident insurance in this state.     2,170        

      (3)  "Insured" means a person covered under a group policy   2,172        

issued pursuant to this section.                                   2,173        

      (B)  Any insurer may join with one or more other insurers,   2,175        

in an association, to offer, sell, and issue to a policyholder     2,176        

selected by the association a policy of group insurance against    2,177        

major financial loss from sickness and accident covering           2,178        

residents of this state who are sixty-five years of age or older   2,179        

and the spouses of such residents.  The insurance shall be         2,180        

offered, issued, and administered in the name of the association.  2,181        

Membership in the association shall be open to any insurer and     2,182        

each insurer which participates shall be liable for a specified    2,183        

percentage of the risks.  The policy may be executed on behalf of  2,184        

                                                          46     

                                                                 
the association by a duly authorized person and need not be        2,185        

countersigned by an agent.                                         2,186        

      (C)  The persons eligible for coverage under the policy      2,188        

shall be all residents of this state who are sixty-five years of   2,189        

age or older and their spouses, subject to reasonable              2,190        

underwriting restrictions to be set forth in the plan of the       2,191        

association.  The policy may provide basic hospital and surgical   2,192        

coverage, basic medical coverage, major medical coverage, and any  2,193        

combination of these; provided that it shall not be required as a  2,194        

condition for obtaining major medical coverage that any basic      2,195        

coverage be taken.                                                 2,196        

      (D)  The association shall file with the superintendent of   2,198        

insurance any policy, contract, certificate, or other evidence of  2,199        

insurance, application, or other forms pertaining to such          2,200        

insurance together with the premium rates to be charged therefor.  2,201        

The superintendent may approve, disapprove, and withdraw approval  2,202        

of the forms in accordance with section 3923.02 of the Revised     2,203        

Code, or the premium rates if by reasonable assumptions such       2,204        

rates are excessive in relation to the benefits provided.  In      2,205        

determining whether such rates by reasonable assumptions are       2,206        

excessive in relation to the benefits provided the superintendent  2,207        

shall give due consideration to past and prospective claim         2,208        

experience, within and outside this state, and to fluctuations in  2,209        

such claim experience, to a reasonable risk charge, to             2,210        

contribution to surplus and contingency funds, to past and         2,211        

prospective expenses, both within and outside this state, and to   2,212        

all other relevant factors within and outside this state,          2,213        

including any differing operating methods of the insurers joining  2,214        

in the issuance of the policy.  In reviewing the forms the         2,215        

superintendent shall not be bound by the requirements of sections  2,216        

3923.04 to 3923.07 of the Revised Code with respect to standard    2,218        

provisions to be included in sickness and accident policies or     2,219        

forms.                                                                          

      (E)  The association may enroll eligible persons for         2,221        

                                                          47     

                                                                 
coverage under the policy through any insurance agent licensed to  2,222        

sell sickness and accident insurance pursuant to section 3905.01   2,223        

3905.02, 3905.08, 3905.18, or 3941.02 of the Revised Code.         2,225        

      (F)  The association shall file annually with the            2,227        

superintendent on such date and in such form as the                2,228        

superintendent may prescribe, a financial summary of its           2,229        

operations.                                                                     

      (G)  The association may sue and be sued in its associate    2,231        

name and for such purposes only shall be treated as a domestic     2,232        

corporation.  Service of process against such THE association      2,233        

made upon a managing agent, any member thereof, or any agent       2,235        

authorized by appointment to receive service of process, shall     2,236        

have the same force and effect as if such THE service had been     2,237        

made upon all members of the association.                          2,239        

      (H)  Under any policy issued as provided in this section,    2,241        

the policyholder, or such person as the policyholder shall         2,242        

designate, shall alone be a member of each domestic mutual         2,243        

insurance company joining in the issue of the policy and shall be  2,244        

entitled to one vote by virtue of such policy at the meetings of   2,245        

each such mutual insurance company.  Notice of the annual          2,246        

meetings of each such mutual insurance company may be given by     2,247        

written notice to the policyholder or as otherwise prescribed in   2,248        

said THE policy.                                                   2,249        

      Sec. 3931.101.  The provisions of sections 3905.01 to        2,258        

3905.05, inclusive, 3905.04 of the Revised Code, relating to the   2,260        

appointment, licensing, qualification and regulation of insurance  2,261        

agents, brokers and solicitors shall apply to all persons          2,262        

authorized to solicit powers of attorney or applications for                    

contracts of indemnity for any reciprocal exchange, insurance      2,263        

exchange or attorney in fact as provided for in Chapter 3931,. of  2,264        

the Revised Code, except a traveling full time salaried            2,266        

non-commission employee of an attorney whose duties as such                     

employee are primarily the performance of inspection               2,267        

underwriting, loss prevention engineering and claim services       2,268        

                                                          48     

                                                                 
shall be exempt from this section and shall be regulated solely    2,269        

by section 3931.11 of the Revised Code.                                         

      Sec. 3931.11.  Every attorney shall certify to the           2,278        

superintendent of insurance the names and addresses of the         2,279        

attorney's traveling full time salaried non-commission employees,  2,280        

primarily engaged in performing underwriting, loss prevention      2,281        

engineering and claim services, authorized by the attorney to      2,282        

solicit powers of attorney or applications for contracts of        2,283        

indemnity specified in section 3931.01 of the Revised Code.  The   2,284        

authority of such persons shall continue until the first day of    2,285        

the next April, unless it is cancelled by the attorney and the     2,286        

certificate of such cancellation is filed with the                 2,287        

superintendent, or unless the license of the attorney or           2,288        

authority of such person is revoked or suspended by the            2,289        

superintendent.  Expiring certificates of authority of such        2,290        

persons may be renewed in like manner to continue until the first  2,291        

day of the next April.  The superintendent shall record the names  2,292        

and addresses of such persons so that their names may              2,293        

conveniently be inspected and shall thereupon certify and deliver  2,294        

to the attorney a list of the names of all persons so recorded.    2,295        

      If the superintendent finds that any such person has         2,297        

wilfully WILLFULLY violated, or failed to comply with, sections    2,298        

3931.01 to 3931.12, inclusive, of the Revised Code, or has been    2,300        

convicted of a felony in the United States, or in this or any      2,301        

state, or has been guilty of any act or acts which if performed    2,302        

by an agent licensed under section 3905.01 3905.02 of the Revised  2,303        

Code would constitute statutory grounds for the revocation of      2,305        

such agent's license, the superintendent may refuse or revoke the  2,306        

authority of such THE person and cancel the person's name on the   2,308        

superintendent's records, and the superintendent shall thereupon   2,310        

notify such THE person and the attorney of such THE revocation.    2,311        

Thereafter such THE person shall not act as representative of any  2,312        

attorney until a new certificate of authority by the attorney      2,313        

thereafter appointing such THE person is filed with and approved   2,314        

                                                          49     

                                                                 
by the superintendent.                                             2,315        

      No such person shall act for any attorney in placing         2,317        

insurance or making such contracts of indemnity, unless the        2,318        

attorney has the license required by section 3931.10 of the        2,319        

Revised Code, nor unless the unexpired, unrevoked, and             2,320        

unsuspended certificate of such person's authority is filed with   2,321        

the superintendent.  Any such person shall be individually liable  2,322        

on any contract of indemnity made, issued, or accepted through     2,323        

that person as representing any attorney who is not licensed by    2,325        

the superintendent to make such contracts of indemnity.                         

      Sec. 3941.02.  (A)  A domestic mutual company may be         2,334        

organized by not less than twenty persons, to carry on the         2,335        

business of mutual insurance and to reinsure and to accept         2,336        

reinsurance as authorized by law and its articles of               2,337        

incorporation.  Such persons shall execute articles of             2,338        

incorporation which, if not inconsistent with the constitution     2,339        

and laws of this state and of the United States, shall be          2,340        

approved by the attorney general and the secretary of state.  The  2,341        

articles and the certificate of approval by the attorney general   2,342        

shall be recorded by the secretary of state who shall deposit a    2,343        

copy thereof with the superintendent of insurance.                 2,344        

      (B)  If the articles of incorporation of a domestic,         2,346        

foreign, or alien, mutual or stock insurance company empower it,   2,347        

or if the power of attorney or subscribers' agreement empowers     2,348        

the attorney in fact of a reciprocal or interinsurance exchange,   2,349        

to transact any of the kinds of insurance described in division    2,350        

(A) of section 3929.01 of the Revised Code, such company or        2,351        

attorney may apply to the superintendent for the appropriate       2,352        

license or certificate of authority, as provided in section        2,353        

3925.11, 3927.01, 3931.10, or 3941.06 of the Revised Code, which   2,354        

application shall state which of the kinds of insurance it         2,355        

proposes to transact, and the superintendent shall act thereon in  2,356        

the manner prescribed by that section.                             2,357        

      (C)  An Ohio agent shall be licensed, upon written notice    2,360        

                                                          50     

                                                                 
of appointment by a domestic, foreign, or alien, mutual or stock   2,361        

insurance company, to procure, receive, or forward application     2,362        

for the kinds of insurance the company is authorized to transact   2,363        

in this state if the agent is then licensed to write all of the    2,364        

kinds of insurance described in division (A) of section 3929.01    2,365        

of the Revised Code, either for the company or for any other       2,366        

company or companies authorized to transact insurance business in  2,367        

this state.  An Ohio agent not so licensed shall not procure,      2,368        

receive, or forward applications for any kind of insurance for     2,369        

the company until qualified and licensed to procure, receive, or   2,370        

forward applications for all of the kinds of insurance described   2,371        

in division (A) of section 3929.01 of the Revised Code, in         2,372        

accordance with the applicable provisions of Chapter 3905. of the  2,373        

Revised Code and in accordance with such rules as the              2,374        

superintendent may adopt in connection therewith; provided any     2,375        

company, irrespective of the kinds of insurance it is authorized   2,376        

to transact, may apply for and obtain the renewal of licenses of   2,377        

its agents who were licensed on or before July 1, 1945, to         2,378        

procure, receive, or forward applications for any of the kinds of  2,379        

insurance described in division (A) of section 3929.01 of the      2,380        

Revised Code, and such agents shall not be required to be          2,381        

licensed for all the kinds of insurance transacted by the company  2,382        

making the applications for such renewals.  Nothing in this        2,383        

section shall be construed to authorize an agent whose license is  2,384        

renewed under these provisions to procure, receive, or forward     2,385        

applications for any kind or kinds of insurance other than the     2,386        

kind or kinds for which the agent was authorized to procure,       2,387        

receive, or forward applications on July 1, 1945; provided, the    2,389        

procuring, receiving, or forwarding of applications by such an     2,390        

agent for any kind or kinds of insurance other than the kind or    2,391        

kinds the agent was authorized to procure, receive, or forward,    2,393        

as of July 1, 1945, is cause for revocation of the license of the  2,394        

agent by the superintendent and the acceptance by any insurance    2,395        

company licensed to do business in this state of an application    2,396        

                                                          51     

                                                                 
for any kind of insurance other than the kind or kinds that the    2,397        

agent was authorized to procure, receive, or forward, as of July   2,398        

1, 1945, is cause for revocation of the license of the company by  2,399        

the superintendent.  Nothing in this section shall be construed    2,400        

to alter the provisions of sections 2301.373, 3905.05, 3931.101,   2,401        

and 3931.11 of the Revised Code.                                   2,402        

      Sec. 3953.21.  (A)  Every title insurance company            2,411        

authorized to transact business within this state shall certify    2,412        

annually to the superintendent of insurance the names of all       2,413        

title insurance agents representing it in this state in            2,414        

accordance with section 3905.01 3905.02 of the Revised Code.       2,415        

      (B)  No bank, trust company, bank and trust company, or      2,417        

other lending institution, mortgage service, brokerage, mortgage   2,418        

guaranty company, escrow company, real estate company or any       2,419        

subsidiaries thereof or any individuals so engaged shall be        2,420        

permitted to act as an agent for a title insurance company.                     

      Sec. 3953.23.  (A)  Every title insurance agent shall keep   2,429        

his books of account and record and vouchers pertaining to the     2,431        

business of title insurance in such manner that the title          2,432        

insurance company may readily ascertain from time to time whether  2,433        

the agent has complied with this chapter.                                       

      (B)  A title insurance agent may engage in the business of   2,435        

handling escrows of real property transactions directly connected  2,436        

with the business of title insurance, provided that the agent      2,437        

shall maintain a separate record of all receipts and               2,438        

disbursements of escrow funds and shall not commingle any such                  

funds with agent's own funds or with funds held by agent in any    2,439        

other capacity; and if at any time the superintendent of           2,440        

insurance determines that an agent has failed to comply with any   2,441        

of the provisions of this section, the superintendent may revoke   2,442        

the license of said THE agent pursuant to section 3905.01 3905.02  2,444        

of the Revised Code, subject to review as provided for in          2,445        

sections 119.01 to 119.13, inclusive, CHAPTER 119. of the Revised  2,447        

Code.  All agents shall be covered by a fidelity bond in an        2,449        

                                                          52     

                                                                 
amount and with a company satisfactory to the principal.           2,450        

      Sec. 3960.11.  (A)  No person shall act or aid in any        2,459        

manner in soliciting, negotiating, or procuring liability          2,460        

insurance in this state from a risk retention group unless the     2,461        

person is licensed as an insurance agent or broker in accordance   2,462        

with section 3905.01, 3905.03, 3905.02 or 3905.30 of the Revised   2,464        

Code.                                                                           

      (B)  No person shall act or aid in any manner in             2,466        

soliciting, negotiating, or procuring liability insurance in this  2,467        

state for a purchasing group from an authorized insurer or a risk  2,468        

retention group chartered in a state unless the person is          2,469        

licensed as an insurance agent or broker in accordance with        2,470        

section 3905.01, 3905.03, 3905.02 or 3905.30 of the Revised Code.  2,472        

      (C)  No person shall act or aid in any manner in             2,474        

soliciting, negotiating, or procuring liability insurance          2,475        

coverage in this state for any member of a purchasing group under  2,476        

a purchasing group's policy unless the person is licensed as an    2,477        

insurance agent or broker in accordance with section 3905.01,      2,478        

3905.03, 3905.02 or 3905.30 of the Revised Code.                   2,479        

      (D)  No person shall act or aid in any manner in             2,481        

soliciting, negotiating, or procuring liability insurance from an  2,482        

insurer not authorized to do business in this state on behalf of   2,483        

a purchasing group located in this state unless the person is      2,484        

licensed as an insurance agent or A surplus lines LINE broker in   2,486        

accordance with section 3905.01, 3905.03, or 3905.30 of the        2,488        

Revised Code.                                                      2,489        

      Sec. 4745.01.  (A)  "Standard renewal procedure," as used    2,498        

in Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923.,  2,499        

927., 942., 943., 953., 1321., 3710., 3713., 3715., 3719., 3731.,  2,500        

3742., 3748., 3769., 3783., 3905., 3921., 3951., 4104., 4105.,     2,501        

4143., 4169., 4561., 4701., 4703., 4707., 4709., 4713., 4715.,     2,502        

4717., 4723., 4725., 4727., 4728., 4729., 4731., 4733., 4734.,     2,503        

4735., 4739., 4741., 4747., 4749., 4753., 4755., 4757., 4759.,     2,504        

4761., 4766., 4773., and 4775. of the Revised Code, means the      2,505        

                                                          53     

                                                                 
license renewal procedures specified in this chapter.              2,506        

      (B)  "Licensing agency," as used in this chapter, means any  2,508        

department, division, board, section of a board, or other state    2,509        

governmental unit subject to the standard renewal procedure, as    2,510        

defined in this section, and authorized by the Revised Code to     2,511        

issue a license to engage in a specific profession, occupation,    2,512        

or occupational activity, or to have charge of and operate         2,513        

certain specified equipment, machinery, or premises.               2,514        

      (C)  "License," as used in this chapter, means a license,    2,516        

certificate, permit, card, or other authority issued or conferred  2,517        

by a licensing agency by authority of which the licensee has or    2,518        

claims the privilege to engage in the profession, occupation, or   2,519        

occupational activity, or to have control of and operate certain   2,520        

specific equipment, machinery, or premises, over which the         2,521        

licensing agency has jurisdiction.                                 2,522        

      (D)  "Licensee," as used in this chapter, means either the   2,524        

person to whom the license is issued or renewed by a licensing     2,525        

agency, or the person, partnership, or corporation at whose        2,526        

request the license is issued or renewed.                          2,527        

      (E)  "Renewal" and "renewed," as used in this chapter and    2,529        

in the chapters of the Revised Code specified in division (A) of   2,530        

this section, includes the continuing licensing procedure          2,531        

provided in Chapter 3748. of the Revised Code and rules adopted    2,533        

under it and in sections 1321.05, 3905.01, 3905.02, 3905.07,       2,534        

3905.18, and 3921.33 of the Revised Code, and as applied to those  2,535        

continuing licenses any reference in this chapter to the date of   2,537        

expiration of any license shall be construed to mean the due date  2,538        

of the annual or other fee for the continuing license.             2,539        

      Section 2.  That existing sections 1751.38, 3901.021,        2,541        

3905.02, 3905.06, 3905.07, 3905.08, 3905.18, 3905.20, 3905.27,     2,543        

3905.30, 3905.40, 3905.48, 3905.486, 3905.49, 3905.99, 3913.40,    2,544        

3921.33, 3923.121, 3931.101, 3931.11, 3941.02, 3953.21, 3953.23,   2,545        

3960.11, and 4745.01 and sections 3905.01, 3905.011, 3905.03,      2,546        

3905.05, 3905.481, and 3905.482 of the Revised Code are hereby     2,547        

                                                          54     

                                                                 
repealed.                                                                       

      Section 3.  Sections 1 and 2 of this act, except for         2,549        

sections 3905.011, 3905.012, 3905.02, 3905.03, 3905.18, and        2,550        

3905.20 of the Revised Code, shall take effect at the earliest     2,551        

time permitted by law.  Sections 3905.011, 3905.012, 3905.02,      2,552        

3905.03, 3905.18, and 3905.20 of the Revised Code, as amended,     2,553        

enacted, or repealed by this act, shall take effect July 1, 1998.               

      Section 4.  It is the intent of the General Assembly that    2,555        

the Superintendent of Insurance take any action necessary to       2,556        

administer the Insurance Agents Law, as amended by this act, and   2,557        

to provide for an orderly transition for those persons licensed    2,558        

or appointed under that Law as it existed prior to the effective   2,559        

date of this act.                                                  2,560        

      Section 5.  The Department of Insurance shall, no later      2,562        

than July 1, 1999, issue a new license to each person who, on      2,563        

July 1, 1998, holds a license as an agent.  Any license            2,564        

application that is pending on July 1, 1998, or that is received   2,565        

by the Department on or after that date, shall be reviewed in                   

accordance with this act.                                          2,566        

      Section 6.  If Am. Sub. H.B. 248 is enacted by the 122nd     2,568        

General Assembly, sections 3905.49 and 3905.491 of the Revised     2,569        

Code, as the sections result from this act, supersede the same     2,570        

sections as they result from Am. Sub. H.B. 248.                                 

      Section 7.  Section 3941.02 of the Revised Code is           2,572        

presented in this act as a composite of the section as amended by  2,573        

both Sub. H.B. 167 and Am. Sub. S.B. 259 of the 121st General      2,574        

Assembly, with the new language of neither of the acts shown in    2,576        

capital letters.  This is in recognition of the principle stated   2,577        

in division (B) of section 1.52 of the Revised Code that such      2,578        

amendments are to be harmonized where not substantively            2,579        

irreconcilable and constitutes a legislative finding that such is  2,580        

the resulting version in effect prior to the effective date of     2,581        

this act.