As Passed by the Senate                       1            

122nd General Assembly                                             4            

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

      1997-1998                                                    6            


          SENATORS NEIN-GILLMOR-SUHADOLNIK-RAY-GARDNER             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, 3905.481,      14           

                3905.482, 3905.49, 3905.99, 3913.40, 3921.33,                   

                3923.121, 3931.101, 3931.11, 3941.02, 3953.21,     16           

                3953.23, 3960.11, and 4745.01; to amend, for the                

                purpose of adopting a new section number as        18           

                indicated in parentheses, section 3905.02          19           

                (3905.03); to enact new sections 3905.01,                       

                3905.011, and 3905.02 and sections 3905.012,       20           

                3905.013, 3905.491, 3905.492, 3905.54, and         21           

                3905.55; and to repeal sections 3905.01,                        

                3905.011, 3905.03, and 3905.05 of the Revised      22           

                Code to revise the Insurance Agents Law; to        23           

                specify that a fraternal benefit society           24           

                organized under the laws of another state and      25           

                admitted to transact business in Ohio may become                

                a domestic insurer; to provide that an insurer is  27           

                not prohibited from transferring its domicile to                

                Ohio because its charter or bylaws contain         28           

                characteristics of both a mutual and stock                      

                insurance company; and, if Am. Sub. H.B. 248 of    29           

                the 122nd General Assembly is enacted, to          30           

                supersede sections 3905.49 and 3905.491 of the                  

                Revised Code as they result from that act.         31           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        33           

                                                          2      

                                                                 
      Section 1.  That sections 1751.38, 3901.021, 3905.02,        35           

3905.06, 3905.07, 3905.08, 3905.18, 3905.20, 3905.27, 3905.30,     36           

3905.40, 3905.48, 3905.481, 3905.482, 3905.49, 3905.99, 3913.40,   37           

3921.33, 3923.121, 3931.101, 3931.11, 3941.02, 3953.21, 3953.23,   40           

3960.11, and 4745.01 be amended; section 3905.02 (3905.03) be      41           

amended for the purpose of adopting a new section number as        42           

indicated in parentheses; and new sections 3905.01, 3905.011, and  43           

3905.02 and sections 3905.012, 3905.013, 3905.491, 3905.492,       44           

3905.54, and 3905.55 of the Revised Code be enacted to read as     45           

follows:                                                                        

      Sec. 1751.38.  (A)  As used in this section, "agent" means   55           

a person appointed by a health insuring corporation to engage in   56           

the solicitation or enrollment of subscribers or enrollees.        57           

      (B)  Agents of health insuring corporations shall be         60           

licensed pursuant to section 3905.01 3905.02 or 3905.18 of the     61           

Revised Code.                                                      63           

      (C)  Sections 3905.01, 3905.03, 3905.05 3905.02, 3905.16 to  66           

3905.18, 3905.181, 3905.19, 3905.23, 3905.40, 3905.41, 3905.42,    67           

3905.46 to 3905.48, 3905.481, 3905.482, 3905.486, 3905.49,         68           

3905.491, 3905.492, 3905.50, 3905.71 to 3905.79, and 3905.99 of    70           

the Revised Code shall apply to health insuring corporations and   71           

the agents of health insuring corporations in the same manner in   72           

which these sections apply to insurers and agents of insurers.     73           

      Sec. 3901.021.  Two-thirds THREE-FOURTHS of all APPOINTMENT  82           

AND OTHER fees collected under section 3905.01, division (E) of    84           

section 3905.18, and division (A)(6) of section 3905.26 CHAPTER    86           

3905. of the Revised Code shall be paid into the state treasury    88           

to the credit of the department of insurance operating fund,       89           

which is hereby created.  The remaining one-third ONE-FOURTH       90           

shall be credited to the general revenue fund.  If the             91           

superintendent of insurance is authorized by the controlling       92           

board to increase the fees pursuant to section 3905.011 of the     94           

Revised Code, the board may also direct that an amount equal to    95           

the increase, up to three-fourths of all fees collected after the  96           

                                                          3      

                                                                 
increase pursuant to section 3905.011 of the Revised Code, shall   98           

be credited to the department of insurance operating fund, with    99           

the remaining portion to be credited to the general revenue fund.  100          

All operating expenses of the department of insurance except       101          

those expenses defined under section 3901.07 of the Revised Code   102          

shall be paid from the department of insurance operating fund.     103          

      Sec. 3905.01.  (A)  NO PERSON SHALL PROCURE AN APPLICATION   106          

OR QUOTE PREMIUMS FOR, DISCUSS COVERAGES OF, OR SOLICIT,           107          

NEGOTIATE, EFFECT, PROCURE, PLACE, WRITE, DELIVER, RENEW, OR       108          

BIND, A POLICY OF INSURANCE THROUGH ANY MEDIUM FOR RISKS           109          

RESIDING, LOCATED, OR TO BE PERFORMED IN THIS STATE, UNLESS THE    110          

PERSON IS LICENSED BY THE SUPERINTENDENT OF INSURANCE IN           111          

ACCORDANCE WITH THIS CHAPTER.                                      112          

      (B)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY OF   116          

THE FOLLOWING PERSONS:                                                          

      (1)  AN INSURER AS DEFINED IN SECTION 3901.32 OF THE         118          

REVISED CODE;                                                                   

      (2)  ANY PERSON WHO FURNISHES INFORMATION REGARDING GROUP    120          

INSURANCE, ENROLLS INDIVIDUALS IN GROUP INSURANCE PLANS, ISSUES    121          

CERTIFICATES UNDER SUCH PLANS, OR OTHERWISE ASSISTS IN             122          

ADMINISTERING SUCH PLANS, IF NO COMMISSION OR OTHER FORM OF        123          

COMPENSATION RELATED TO PREMIUM OR SALES VOLUME IS PAID FOR SUCH   124          

SERVICES;                                                          125          

      (3)  ANY EMPLOYEE OF A CREDITOR WITH RESPECT TO INSURANCE    127          

PRODUCTS MADE AVAILABLE ONLY IN CONNECTION WITH A CREDIT           129          

TRANSACTION, INCLUDING CREDIT LIFE INSURANCE, CREDIT DISABILITY    130          

OR ACCIDENT AND HEALTH INSURANCE, CREDIT PROPERTY INSURANCE,                    

MORTGAGE LIFE INSURANCE, MORTGAGE ACCIDENT AND HEALTH INSURANCE,   131          

INVOLUNTARY UNEMPLOYMENT INSURANCE, INDIVIDUAL LIFE INSURANCE,     132          

AND INDIVIDUAL DISABILITY OR ACCIDENT AND HEALTH INSURANCE, IF     133          

THE ENTIRE PREMIUM IS FINANCED AS PART OF THE CREDIT TRANSACTION   134          

AND THE FOLLOWING CONDITIONS ARE MET:                                           

      (a)  IF THE INSURANCE PRODUCT IS AN INDIVIDUAL LIFE          136          

INSURANCE POLICY, A LICENSED AGENT IS RESPONSIBLE FOR THE          137          

                                                          4      

                                                                 
INSURANCE TRANSACTION.                                                          

      (b)  IF THE EMPLOYEE OF THE CREDITOR IS PAID BY THE          139          

INSURANCE AGENT OR BY THE INSURANCE COMPANY, THE EMPLOYEE HOLDS A  140          

LIMITED AUTHORITY LICENSE.                                         141          

      FOR PURPOSES OF DIVISION (B)(3) OF THIS SECTION, "CREDIT     143          

PROPERTY INSURANCE" MEANS INSURANCE COVERING RISKS OF LOSS,        144          

DAMAGE, AND DESTRUCTION OF PROPERTY USED AS SECURITY FOR A CREDIT  145          

TRANSACTION, WHICH INSURANCE MAY ALSO COVER OTHER PROPERTY THAT    147          

IS MERELY INCIDENTAL TO THE PROPERTY USED AS SECURITY FOR THE      149          

CREDIT TRANSACTION.                                                             

      (4)  ANY EMPLOYER, OR OFFICER OR EMPLOYEE OF AN EMPLOYER,    152          

TO THE EXTENT THAT THE EMPLOYER, OFFICER, OR EMPLOYEE IS ENGAGED   153          

IN THE ADMINISTRATION OR OPERATION OF ANY EMPLOYEE BENEFITS        154          

PROGRAM INVOLVING THE USE OF INSURANCE FOR THE EMPLOYER'S          155          

EMPLOYEES OR THE EMPLOYEES OF A SUBSIDIARY OR AFFILIATE OF THE     156          

EMPLOYER, PROVIDED THAT THE EMPLOYER, OFFICER, OR EMPLOYEE IS NOT  158          

COMPENSATED, EITHER DIRECTLY OR INDIRECTLY, IN ANY MANNER BY AN    159          

INSURANCE AGENT OR BY THE INSURANCE COMPANY ISSUING THE                         

INSURANCE;                                                         160          

      (5)  AN ADJUSTER EMPLOYED BY OR REPRESENTING AN INSURER IN   163          

THE ADJUSTMENT OF CLAIMS OR A PUBLIC INSURANCE ADJUSTER HOLDING A  164          

CERTIFICATE OF AUTHORITY ISSUED UNDER CHAPTER 3951. OF THE         166          

REVISED CODE WHEN PERFORMING THE DUTIES OF A PUBLIC INSURANCE      168          

ADJUSTER.                                                                       

      (C)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY OF   172          

THE FOLLOWING ACTIVITIES WHEN PERFORMED BY AN EMPLOYEE OF, AND AT  173          

THE DIRECTION OF, AN INSURER OR LICENSED INSURANCE AGENT:          174          

      (1)  THE ACCEPTANCE OF PREMIUMS OTHER THAN THE INITIAL       176          

PREMIUM;                                                           177          

      (2)  THE GATHERING OF INFORMATION, SUCH AS NAMES,            179          

ADDRESSES, EXPIRATION DATES OF CURRENT INSURANCE, AND NAMES OF     180          

CURRENT INSURERS;                                                  181          

      (3)  THE SETTING OF APPOINTMENTS FOR INSURANCE AGENTS,       183          

PROVIDED THAT THE PERSON SETTING THE APPOINTMENT DOES NOT          184          

                                                          5      

                                                                 
COMMUNICATE ANY INFORMATION ABOUT INSURANCE;                       185          

      (4)  THE PROVISION OF INFORMATION ABOUT EXISTING INSURANCE   187          

POLICIES ISSUED BY OR THROUGH THE EMPLOYEE'S EMPLOYER, IF THE      188          

INFORMATION IS NOT PROVIDED AS PART OF A SOLICITATION;             189          

      (5)  THE PERFORMANCE OF CLERICAL OR MINISTERIAL DUTIES.      192          

      (D)  THE SUPERINTENDENT MAY ADOPT RULES IN ACCORDANCE WITH   195          

CHAPTER 119. OF THE REVISED CODE TO SET FORTH THE SPECIFIC ACTS    198          

THAT COMPRISE ANY OF THE ACTIVITIES DESCRIBED IN THIS SECTION,     199          

THE PERFORMANCE OF WHICH EITHER REQUIRES OR DOES NOT REQUIRE       201          

LICENSURE AS AN AGENT.                                                          

      Sec. 3905.011.  (A)  AS USED IN THIS SECTION AND SECTIONS    204          

3905.012 AND 3905.013 OF THE REVISED CODE, "INSURER" HAS THE SAME  206          

MEANING AS IN SECTION 3901.32 OF THE REVISED CODE.                 209          

      (B)  ANY PERSON THAT IS LICENSED AS AN AGENT UNDER SECTION   212          

3905.02 OR 3905.18 OF THE REVISED CODE IS ELIGIBLE TO BE           214          

APPOINTED BY ONE OR MORE INSURERS AUTHORIZED TO DO BUSINESS IN     215          

THIS STATE.                                                        216          

      (C)(1)  PRIOR TO APPOINTING AN AGENT, AN INSURER SHALL       219          

CERTIFY TO THE SUPERINTENDENT OF INSURANCE, IN ACCORDANCE WITH     220          

RULES ADOPTED BY THE SUPERINTENDENT UNDER SECTION 3905.013 OF THE  221          

REVISED CODE, THAT THE PERSON IS COMPETENT, FINANCIALLY            223          

RESPONSIBLE, AND SUITABLE TO REPRESENT THE INSURER.                224          

      (2)  NO AGENT SHALL REPRESENT TO THE PUBLIC THAT THE AGENT   226          

HAS AUTHORITY TO REPRESENT A PARTICULAR INSURER UNTIL THE INSURER  228          

HAS ACKNOWLEDGED THAT AUTHORITY BY APPOINTMENT OF THE AGENT IN     229          

ACCORDANCE WITH DIVISION (C)(1) OF THIS SECTION.                   230          

      (D)(1)  NO INSURER SHALL PAY A COMMISSION, FEE, OR OTHER     233          

TYPE OF CONSIDERATION, OR GIVE ANY OTHER THING OF VALUE, TO A      234          

PERSON THAT IS REQUIRED TO BE LICENSED BY THE SUPERINTENDENT       235          

UNDER THIS CHAPTER FOR THE SALE OF, OR FOR ANY DIRECT OR INDIRECT  236          

CONNECTION WITH THE SALE OF, ANY INSURANCE SOLD BY OR ON BEHALF    237          

OF THE INSURER, BUT IS NOT SO LICENSED.                                         

      (2)  NOTHING IN THIS SECTION PROHIBITS AN INSURER FROM       239          

ENTERING INTO A COMPENSATION AGREEMENT WITH A CREDITOR WITH        240          

                                                          6      

                                                                 
RESPECT TO INSURANCE PRODUCTS MADE AVAILABLE ONLY IN CONNECTION    242          

WITH A CREDIT TRANSACTION, INCLUDING CREDIT LIFE INSURANCE,                     

CREDIT DISABILITY OR ACCIDENT AND HEALTH INSURANCE, CREDIT         243          

PROPERTY INSURANCE, MORTGAGE LIFE INSURANCE, MORTGAGE ACCIDENT     244          

AND HEALTH INSURANCE, INVOLUNTARY UNEMPLOYMENT INSURANCE,          245          

INDIVIDUAL LIFE INSURANCE, AND INDIVIDUAL DISABILITY OR ACCIDENT   246          

AND HEALTH INSURANCE, IF THE ENTIRE PREMIUM IS FINANCED AS PART    247          

OF THE CREDIT TRANSACTION.  FOR PURPOSES OF DIVISION (D)(2) OF     248          

THIS SECTION, "CREDIT PROPERTY INSURANCE" HAS THE SAME MEANING AS  249          

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

      Sec. 3905.012.  (A)(1)  EXCEPT AS PROVIDED IN DIVISION       253          

(A)(2) OF THIS SECTION, ANY PERSON LICENSED AS AN AGENT UNDER      254          

SECTION 3905.02 OR 3905.18 OF THE REVISED CODE, OR APPOINTED AS A  256          

SOLICITOR UNDER SECTION 3905.03 OF THE REVISED CODE, MAY AT ANY    259          

TIME SURRENDER ANY OR ALL LICENSES HELD BY THE PERSON.             260          

      (2)  NO AGENT SHALL SURRENDER THE AGENT'S LICENSES IF THE    263          

SUPERINTENDENT OF INSURANCE IS INVESTIGATING ANY ALLEGATION OF     264          

WRONGDOING BY THE AGENT OR HAS INITIATED PROCEEDINGS UNDER         265          

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      266          

SURRENDER IS INVALID.                                                           

      (B)(1)  IF AN INSURER OR AGENT CANCELS THE APPOINTMENT OF    269          

AN AGENT OR SOLICITOR DUE TO SUSPECTED FRAUD, MISREPRESENTATION,   270          

THEFT, CONVERSION, OR ANY OTHER CULPABLE MISAPPROPRIATION, THE     271          

INSURER OR AGENT SHALL PROMPTLY NOTIFY THE SUPERINTENDENT.  THE    272          

NOTICE SHALL INCLUDE A COMPLETE STATEMENT OF THE FACTS AND THE     273          

REASONS FOR THE CANCELLATION.                                      274          

      (2)  IN THE ABSENCE OF FRAUD OR ACTUAL MALICE, AN INSURER    276          

OR AGENT IS IMMUNE FROM ANY CIVIL LIABILITY THAT OTHERWISE MIGHT   277          

BE INCURRED OR IMPOSED AS A RESULT OF ANY ACTION TAKEN BY THE      278          

INSURER OR AGENT TO COMPLY WITH DIVISION (B)(1) OF THIS SECTION.   280          

      (C)  IF AN AGENT'S LICENSE IS SURRENDERED, REVOKED, OR       282          

SUSPENDED, ALL APPOINTMENTS HELD BY THE AGENT ARE VOID.  IF A NEW  284          

LICENSE IS ISSUED TO THAT PERSON OR IF THAT PERSON'S PREVIOUS      285          

                                                          7      

                                                                 
LICENSE IS REINSTATED, ANY APPOINTMENT OF THE PERSON TO REPRESENT  286          

AN INSURER OR AGENT MUST BE MADE IN ACCORDANCE WITH THE            287          

REQUIREMENTS OF THIS CHAPTER.                                                   

      (D)(1)  ANY AGENT, OTHER THAN A CORPORATION, PARTNERSHIP,    289          

OR LIMITED LIABILITY COMPANY, WHO IS NO LONGER ENGAGED IN THE      290          

BUSINESS OF INSURANCE IN ANY CAPACITY FOR WHICH AN AGENT'S         291          

LICENSE IS REQUIRED MAY APPLY TO THE SUPERINTENDENT FOR INACTIVE   292          

STATUS.  THE SUPERINTENDENT MAY GRANT SUCH STATUS ONLY IF THE      293          

SUPERINTENDENT IS SATISFIED THAT THE PERSON IS NOT ENGAGED IN AND  295          

DOES NOT INTEND TO ENGAGE IN ANY OF THE ACTIVITIES SET FORTH IN    296          

SECTION 3905.01 OF THE REVISED CODE THAT REQUIRES AN AGENT'S       298          

LICENSE.                                                           299          

      (2)  A PERSON WHO HAS BEEN GRANTED INACTIVE STATUS IS        301          

EXEMPT FROM ANY CONTINUING EDUCATION REQUIREMENTS IMPOSED UNDER    302          

THIS CHAPTER.                                                      303          

      (3)  THE SUPERINTENDENT MAY ADOPT RULES IN ACCORDANCE WITH   306          

CHAPTER 119. OF THE REVISED CODE TO ESTABLISH PROCEDURES FOR       309          

APPLYING FOR INACTIVE STATUS, CRITERIA USED TO DETERMINE                        

ELIGIBILITY FOR SUCH STATUS, AND STANDARDS AND PROCEDURES FOR      310          

TRANSFERRING FROM INACTIVE TO ACTIVE STATUS.                       311          

      (E)  THE SUPERINTENDENT MAY SUSPEND OR REVOKE A LICENSE, OR  314          

TAKE ANY OTHER DISCIPLINARY ACTION AUTHORIZED BY THIS CHAPTER,     315          

REGARDLESS OF WHETHER THE PERSON IS APPOINTED OR OTHERWISE         316          

AUTHORIZED TO REPRESENT AN INSURER OR AGENT.                       317          

      Sec. 3905.013.  (A)  THE SUPERINTENDENT OF INSURANCE MAY     320          

ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE    323          

FOR PURPOSES OF IMPLEMENTING SECTIONS 3905.01 TO 3905.03 AND       324          

3905.18 OF THE REVISED CODE, INCLUDING RULES THAT DO THE           327          

FOLLOWING:                                                                      

      (1)  SET FORTH REQUIREMENTS AND PROCEDURES FOR THE ISSUANCE  330          

OF AN AGENT'S LICENSE;                                                          

      (2)  PROVIDE FOR THE ISSUANCE OF A LIMITED AUTHORITY         333          

LICENSE FOR A SPECIFIC LINE OF INSURANCE AND FOR THE APPOINTMENT                

OF SUCH A LICENSEE, AND SET FORTH ANY PRELICENSING EDUCATION,      335          

                                                          8      

                                                                 
EXAMINATION, OR CONTINUING EDUCATION REQUIREMENTS THE                           

SUPERINTENDENT CONSIDERS APPROPRIATE FOR THE LICENSE;              336          

      (3)  SET FORTH THE CIRCUMSTANCES UNDER WHICH THE             339          

SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE MAY REFUSE TO                   

ISSUE AN AGENT'S LICENSE TO AN APPLICANT.  NOTWITHSTANDING         341          

CHAPTER 119. OF THE REVISED CODE, AN OPPORTUNITY FOR A HEARING     344          

SHALL NOT BE GRANTED TO SUCH AN APPLICANT UNTIL THE                             

SUPERINTENDENT HAS CONDUCTED AN INVESTIGATION OF THE MATTER.       346          

      (4)  ESTABLISH PROCEDURES FOR CERTIFYING AN INSURER'S        348          

APPOINTMENT OF AN AGENT;                                           349          

      (5)  ESTABLISH PROCEDURES FOR THE SURRENDER OF LICENSES OR   352          

APPOINTMENTS.                                                                   

      (B)  THE SUPERINTENDENT MAY DIRECT LICENSEES TO PAY ANY      355          

FEES TO ANY CONTRACTED VENDOR.                                                  

      Sec. 3905.02.  (A)  AN APPLICANT FOR A LICENSE AS AN OTHER   358          

THAN LIFE INSURANCE AGENT SHALL SUBMIT AN APPLICATION FOR SUCH A   359          

LICENSE TO THE SUPERINTENDENT OF INSURANCE.  THE APPLICATION       361          

SHALL BE ON A FORM FURNISHED BY THE SUPERINTENDENT AND BE          362          

ACCOMPANIED BY A STATEMENT UNDER OATH BY THE APPLICANT WHICH       363          

GIVES THE APPLICANT'S NAME, AGE, RESIDENCE, PRESENT OCCUPATION,    364          

OCCUPATION FOR THE FIVE YEARS NEXT PRECEDING THE DATE OF THE       365          

APPLICATION, AND SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY  366          

REQUIRE.                                                                        

      THE APPLICANT SHALL ALSO REQUEST A CRIMINAL RECORDS CHECK    368          

CONDUCTED BY THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL          370          

IDENTIFICATION AND INVESTIGATION IN ACCORDANCE WITH SECTION                     

109.572 OF THE REVISED CODE, AND DIRECT THAT THE BUREAU'S WRITTEN  372          

RESPONSE TO THAT REQUEST BE TRANSMITTED TO THE SUPERINTENDENT OF   373          

INSURANCE, OR TO THE SUPERINTENDENT'S DESIGNEE, AS SPECIFIED ON    374          

THE FORM PRESCRIBED PURSUANT TO THAT SECTION.  IF THE              375          

SUPERINTENDENT OF INSURANCE OR THE SUPERINTENDENT'S DESIGNEE                    

FAILS TO RECEIVE THE BUREAU'S RESPONSE TO THE APPLICANT'S REQUEST  377          

FOR A CRIMINAL RECORDS CHECK, THE SUPERINTENDENT MAY REFUSE TO     378          

ISSUE A LICENSE UNDER THIS SECTION.  THE APPLICANT SHALL PAY ANY   379          

                                                          9      

                                                                 
FEE REQUIRED BY THE BUREAU FOR CONDUCTING THE CRIMINAL RECORDS     380          

CHECK.                                                                          

      AN APPLICANT FOR A LICENSE SHALL SUBMIT TO AN EXAMINATION    383          

AS TO THE QUALIFICATIONS SET FORTH IN DIVISION (B) OF THIS         384          

SECTION.                                                           385          

      (B)  THE SUPERINTENDENT OF INSURANCE SHALL ISSUE TO AN       388          

APPLICANT A LICENSE THAT STATES IN SUBSTANCE THAT THE PERSON IS    389          

AUTHORIZED TO DO THE BUSINESS OF AN OTHER THAN LIFE INSURANCE      390          

AGENT IN THIS STATE, IF THE SUPERINTENDENT IS SATISFIED THAT THE   391          

APPLICANT IS A SUITABLE PERSON AND INTENDS TO HOLD SELF OUT IN     392          

GOOD FAITH AS AN AGENT; THAT THE APPLICANT IS HONEST,              393          

TRUSTWORTHY, AND UNDERSTANDS THE DUTIES AND OBLIGATIONS OF AN      394          

AGENT, AND IS FAMILIAR WITH THE INSURANCE LAWS OF THIS STATE AND   395          

WITH THE TERMS AND PROVISIONS OF THE POLICIES AND CONTRACTS OF     396          

INSURANCE THE APPLICANT PROPOSES TO EFFECT; THAT IN APPLYING FOR   397          

THE LICENSE IT IS NOT THE APPLICANT'S PURPOSE OR INTENTION         398          

PRINCIPALLY TO SOLICIT OR PLACE INSURANCE ON THE APPLICANT'S OWN   399          

PROPERTY OR THAT OF RELATIVES, EMPLOYERS, OR EMPLOYEES OR THAT     400          

FOR WHICH THEY OR THE APPLICANT IS AGENT, CUSTODIAN, VENDOR,       401          

BAILEE, TRUSTEE, OR PAYEE; AND THAT THE APPLICANT HAS COMPLETED    402          

THE EDUCATIONAL REQUIREMENTS SET FORTH IN SECTION 3905.48 OF THE   403          

REVISED CODE.                                                                   

      THE SUPERINTENDENT MAY SUSPEND OR REVOKE SUCH A LICENSE AS   405          

PROVIDED IN SECTION 3905.482 OF THE REVISED CODE, AND MAY          406          

SUSPEND, REVOKE, REFUSE TO CONTINUE, OR REFUSE TO ISSUE SUCH A     408          

LICENSE AS PROVIDED IN SECTION 3905.49 OF THE REVISED CODE.        410          

UNLESS REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR SURRENDERED   411          

BY THE AGENT, SUCH A LICENSE CONTINUES IN FORCE FOR THE LIFE OF    412          

THE AGENT, IN THE CASE OF AN INDIVIDUAL, OR UNTIL THE              413          

CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY CEASES TO                

EXIST.                                                             414          

      (C)(1)  EACH INSURANCE COMPANY SHALL CERTIFY TO THE          417          

SUPERINTENDENT OF INSURANCE BEFORE THE THIRTIETH DAY OF JUNE EACH  418          

YEAR THE NAMES AND ADDRESSES OF THE AGENTS FOR WHOM IT REQUESTS    419          

                                                          10     

                                                                 
APPOINTMENTS OR THE CONTINUANCE OF APPOINTMENTS.  ALL DOMESTIC,    420          

FOREIGN, AND ALIEN COMPANIES SHALL PAY TO THE SUPERINTENDENT A     421          

FEE OF TWENTY DOLLARS FOR EVERY SUCH APPOINTMENT WHEN ISSUED AND   422          

FOR EACH CONTINUANCE THEREAFTER. SUCH AN APPOINTMENT, UNLESS       423          

CANCELED BY THE INSURANCE COMPANY, MAY BE CONTINUED IN FORCE PAST  425          

THE THIRTIETH DAY OF JUNE NEXT AFTER ITS ISSUE AND AFTER THE       426          

THIRTIETH DAY OF JUNE OF EACH SUCCEEDING YEAR PROVIDED THAT THE    428          

APPOINTEE IS LICENSED AND IS ELIGIBLE FOR THE APPOINTMENT.         429          

      (2)  AN INSURANCE COMPANY SHALL BE BOUND BY THE ACTS OF THE  432          

PERSON NAMED IN THE APPOINTMENT WITHIN THAT PERSON'S APPARENT      433          

AUTHORITY AS ITS AGENT.                                                         

      (3)  DIVISION (C) OF THIS SECTION DOES NOT APPLY TO LIFE     436          

INSURANCE COMPANIES, INCLUDING FRATERNALS, NOR TO DOMESTIC MUTUAL  437          

PROTECTIVE ASSESSMENT FIRE ASSOCIATIONS AS DEFINED IN SECTION      438          

3939.01 OF THE REVISED CODE.                                       440          

      (D)  THE SUPERINTENDENT OF INSURANCE MAY PRESCRIBE THE       443          

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

APPOINTMENTS UNDER THIS SECTION AND MAY ISSUE ONE OR MORE          445          

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

NUMBER OF INSURANCE COMPANIES WITH WHICH AN AGENT HAS              447          

APPOINTMENTS.                                                                   

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

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

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

STATE UNLESS THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY    453          

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

APPLICABLE PROVISIONS OF TITLE XVII OF THE REVISED CODE.           458          

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

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

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

GROUNDS FOR SUSPENSION OR REVOCATION OF ITS LICENSE.               464          

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

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

LIABILITY COMPANY CONSENTS TO THE JURISDICTION OF THE COURTS OF    468          

                                                          11     

                                                                 
THIS STATE.                                                        469          

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

licensed as provided in section 3905.01 3905.02 of the Revised     480          

Code, and representing APPOINTED TO REPRESENT one or more          482          

insurance corporations within this state, may employ APPOINT as    484          

many solicitors as the agent desires to represent the agent and                 

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

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

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

and such THE solicitors shall in all instances represent           489          

themselves only as solicitors for said THE agent.  Upon            490          

      EACH AGENT THAT EMPLOYS A PERSON AS A SOLICITOR SHALL        493          

CERTIFY TO THE SUPERINTENDENT OF INSURANCE THAT THE PERSON IS      494          

COMPETENT, FINANCIALLY RESPONSIBLE, AND SUITABLE TO REPRESENT THE  495          

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

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

insurance shall issue to the solicitor a license AN APPOINTMENT    499          

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

is satisfied that:                                                 502          

      (1)  The applicant SOLICITOR is a suitable person and        504          

intends to hold self out in good faith as a solicitor;.            506          

      (2)  The applicant SOLICITOR is honest and trustworthy;.     509          

      (3)  The applicant SOLICITOR has training or instruction in  511          

the business and understands the duties and obligations of a       512          

solicitor;.                                                        513          

      (4)  The applicant SOLICITOR IS LICENSED UNDER SECTION       515          

3905.02 OF THE REVISED CODE, is familiar with the insurance laws,  517          

and IS FAMILIAR with the provisions of the policies and contracts  518          

of insurance the applicant SOLICITOR proposes to solicit;.         520          

      (5)  In applying for such license it IT is not appointee's   523          

THE SOLICITOR'S purpose or intention principally to solicit or     524          

place insurance on appointee's THE SOLICITOR'S own property or     525          

that of relatives, employers, or employees or that for which they  527          

or the appointee SOLICITOR is agent, custodian, vendor, bailee,    529          

                                                          12     

                                                                 
trustee, or payee.  Notice                                                      

      (6)  ON AND AFTER JULY 1, 1987, THE SOLICITOR HAS COMPLETED  533          

THE PRELICENSING EDUCATIONAL REQUIREMENTS SET FORTH IN SECTION     534          

3905.48 OF THE REVISED CODE.                                       536          

      NOTICE shall be upon a form furnished by the superintendent  540          

and shall be accompanied by a statement under oath by the          541          

solicitor which shall give GIVES the applicant's SOLICITOR'S       542          

name, age, residence, present occupation, the applicant's          545          

SOLICITOR'S occupation for the five years next preceding the date  546          

of the notice, the kinds of insurance for which the applicant      547          

SOLICITOR wishes license to solicit, and such other information    549          

as the superintendent requires, upon a blank furnished by the      550          

superintendent.                                                                 

      (6)  On and after July 1, 1987, the applicant has completed  552          

the pre-licensing educational requirements set forth in section    553          

3905.48 of the Revised Code.                                       554          

      (B)  If such appointee THE SOLICITOR within the preceding    556          

two years has not been appointed as a licensed IN THIS STATE AS    558          

AN insurance solicitor or has not had an appointment as a          560          

licensed insurance solicitor continued by an insurance agent       561          

licensed in this state FOR OTHER THAN LIFE INSURANCE UNDER         562          

SECTION 3905.02 OF THE REVISED CODE, the appointee SOLICITOR       563          

shall submit to a hearing and AN examination as to the             564          

qualifications set forth in divisions (A)(1) to (5) of this        566          

section.                                                                        

      (C)  For the purpose of licensing solicitors, insurance      568          

shall be considered as of three classes:  fire insurance,          569          

including marine and inland transportation; casualty insurance;    570          

and surety insurance.  A solicitor who did not hold a license as   571          

solicitor prior to January 1, 1967, may be licensed APPOINTED      572          

only if the solicitor is qualified for the same class or classes   575          

of insurance for which the agent employing the solicitor is        576          

licensed.  Each solicitor's license shall state the class or       578          

classes A SOLICITOR MAY SOLICIT ONLY THOSE LINES OF INSURANCE for  579          

                                                          13     

                                                                 
which issued and no BOTH THE solicitor shall be licensed for AND   580          

the same kind of insurance by more than one APPOINTING agent ARE   582          

LICENSED.  Unless such license NO SOLICITOR SHALL BE APPOINTED BY  584          

MORE THAN ONE AGENT.                                               585          

      UNLESS THE SOLICITOR'S LICENSE is revoked or suspended by    588          

the superintendent or unless the agent by written notice to the    589          

superintendent cancels the solicitor's authority as such                        

solicitor, or unless such license is canceled by the               590          

superintendent upon written notice from the solicitor that the     591          

solicitor's authority has been canceled by the agent, such         592          

license and any other license issued to a solicitor APPOINTMENT    593          

may, in the discretion of the superintendent, and at the request   595          

of the agent who employs the solicitor and the payment of the      596          

required fee, be continued past the thirtieth day of June next     597          

after its issue and after the thirtieth day of June each           598          

succeeding year.  Each agent shall certify, to the superintendent  599          

of insurance, before the thirtieth day of June each year, the      600          

names and addresses of the solicitors the agent has employed       601          

during the preceding year, indicating those for whom the agent     602          

wishes licenses APPOINTMENTS to be continued.                      603          

      The agent giving written notice shall pay to the             605          

superintendent a fee of twenty dollars for every such license      606          

APPOINTMENT and for each continuance thereof.  The issuance of a   608          

solicitor's license APPOINTMENT shall be limited to a natural      609          

person who is a resident of this state or to a natural person who  612          

is employed by a licensed resident agent and is conducting         613          

business only from within this state.                                           

      The superintendent may suspend or revoke such a license as   615          

provided in section 3905.482 of the Revised Code, and may          616          

suspend, revoke, refuse to continue or renew, or refuse to issue   617          

such a license as provided in section 3905.49 of the Revised       618          

Code.                                                                           

      Sec. 3905.06.  Sections 3905.01 to 3905.06 of the Revised    627          

Code do not apply to companies or associations transacting the     628          

                                                          14     

                                                                 
business of life insurance or their agent or to associations       630          

organized and operating under sections 3939.01 to 3939.09 of the   631          

Revised Code.                                                                   

      Sec. 3905.07.  No person shall act in this state as special  640          

representative, state agent, field representative, state,          641          

district, or local manager, or in any similar capacity by          642          

whatever title designated, unless the person is licensed by the    643          

superintendent of insurance.  Upon written notice by an insurance  644          

company authorized to transact business in this state of its       645          

employment of a person to act as such representative and that the  646          

person's duties are to appoint, supervise, or dismiss agents, to   647          

aid them in soliciting, negotiating, and receiving applications    648          

of and handling orders for insurance, and to aid the employer      649          

generally in the transaction of its business in this state, but    650          

not to solicit insurance on that person's own behalf, the          651          

superintendent shall issue a license as special representative to  652          

such THE person.  Such THE license shall state in substance that   654          

the company is authorized to do business in this state and that    655          

the person named therein IN THE LICENSE is a constituted special   657          

representative of the company in this state in the transaction of  658          

such business within the person's apparent authority as the        659          

company is authorized to transact therein. If such THE special     660          

representative signs policies for the company, the special         662          

representative must qualify as an agent under section 3905.01      663          

3905.02 of the Revised Code. Unless the company, by written        664          

notice to the superintendent, cancels the special                  665          

representative's authority to act for it, such license may, in     666          

the discretion of the superintendent and at the request of the     667          

company and payment of the required fee, be continued past the     668          

thirtieth day of June next after issue and the thirtieth day of    669          

June of each succeeding year.  Each company shall pay a fee of     670          

five dollars for each such license and each continuance thereof.   671          

      A PERSON LICENSED AS A SPECIAL REPRESENTATIVE UNDER THIS     674          

SECTION IS NOT SUBJECT TO SECTION 3905.481 OF THE REVISED CODE     676          

                                                          15     

                                                                 
UNLESS THE PERSON IS ALSO LICENSED AS AN AGENT UNDER SECTION       677          

3905.02 OF THE REVISED CODE.                                       679          

      Sec. 3905.08.  If it appears from the written notice given   688          

to the superintendent of insurance pursuant to sections 3905.01,   689          

3905.02, and 3905.18 of the Revised Code that the appointment      691          

APPLICATION of any person to act as an agent, or the employment    693          

of any person to act as a solicitor, is only for the purpose of    695          

having such agent or such solicitor procure PROCURING, receive     697          

RECEIVING, or forward FORWARDING applications for insurance        699          

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

individuals and against personal injury, disablement, or death     700          

resulting from traveling or general accidents by land and water,   701          

then the scope of any hearing or examination, or questions in any  702          

application for license, as provided for in any of said THOSE      703          

sections, shall be limited to that type of insurance only.  If     705          

any such person appointed as agent or employed as a solicitor is   706          

otherwise qualified under said THOSE sections, the superintendent  707          

shall issue to such THE person an appropriate agent's or           708          

solicitor's license bearing an imprint across its face "accident   710          

and health insurance license."  Such license only entitles the     711          

holder to procure applications for such insurance and forward the  712          

same to the company or agent that he THE HOLDER is licensed        714          

APPOINTED to represent.  Such sections apply to any person         715          

appointed as an agent or employed as a solicitor, except to the    716          

extent that they are modified and amended by this section.  No     717          

agent or solicitor licensed under this section shall procure,      718          

receive, or forward applications for any kind of insurance except  719          

the kinds enumerated in this section.  Any violation of this       720          

section, by any AN agent or solicitor licensed under this section  722          

is cause for the revocation of said THE license and any other      724          

licenses issued by the superintendent to said THE agent or         725          

solicitor.                                                         726          

      The acceptance by any insurance company from any AN agent    728          

licensed under this section, or the acceptance by any insurance    730          

                                                          16     

                                                                 
agent, whether licensed under this or any other section of the     732          

Revised Code, from any solicitor licensed under this section, of   733          

an application for any kind of insurance except the kinds                       

enumerated in this section, is cause for the revocation of the     734          

license of said THE company or agent and for the revocation of     736          

any other licenses issued by the superintendent to said THE        738          

company or agent.                                                               

      Sec. 3905.18.  (A)  Upon written notice by AN APPLICANT FOR  747          

A LICENSE AS a life insurance company authorized to transact       749          

business in this state of its appointment of a person to act as    750          

its agent in this state, and upon issuance of the certificate      751          

verified by an executive officer or managing agent thereof, that   752          

such company has investigated the character and record of such     753          

person and satisfied itself that he is trustworthy and qualified   754          

to act as its agent, and that he has completed the educational     756          

requirements set forth in section 3905.48 of the Revised Code,     757          

SHALL SUBMIT TO the superintendent of insurance shall, on receipt  759          

of such certification, furnish to the agent an application for AN  760          

agent's license, which shall contain such questions touching the   761          

applicant's fitness to be licensed as an agent as the              762          

superintendent determines.  If such appointee within the           764          

preceding two years has not been appointed as a licensed life      765          

insurance agent or has not had his appointment as a licensed life  767          

insurance agent continued by an insurance company authorized to    768          

transact business in this state, the appointee  THE APPLICATION    769          

SHALL BE ACCOMPANIED BY A STATEMENT UNDER OATH BY THE APPLICANT    772          

THAT GIVES THE APPLICANT'S NAME, AGE, RESIDENCE, PRESENT           773          

OCCUPATION, OCCUPATION FOR THE FIVE YEARS NEXT PRECEDING THE DATE  774          

OF THE APPLICATION, AND SUCH OTHER INFORMATION AS THE              775          

SUPERINTENDENT MAY REQUIRE.                                                     

      THE APPLICANT SHALL ALSO REQUEST A CRIMINAL RECORDS CHECK    777          

CONDUCTED BY THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL          779          

IDENTIFICATION AND INVESTIGATION IN ACCORDANCE WITH SECTION                     

109.572 OF THE REVISED CODE, AND DIRECT THAT THE BUREAU'S WRITTEN  781          

                                                          17     

                                                                 
RESPONSE TO THAT REQUEST BE TRANSMITTED TO THE SUPERINTENDENT OF   782          

INSURANCE, OR TO THE SUPERINTENDENT'S DESIGNEE, AS SPECIFIED ON    783          

THE FORM PRESCRIBED PURSUANT TO THAT SECTION.  IF THE              784          

SUPERINTENDENT OF INSURANCE OR THE SUPERINTENDENT'S DESIGNEE                    

FAILS TO RECEIVE THE BUREAU'S RESPONSE TO THE APPLICANT'S REQUEST  786          

FOR A CRIMINAL RECORDS CHECK, THE SUPERINTENDENT MAY REFUSE TO     787          

ISSUE A LICENSE UNDER THIS SECTION.  THE APPLICANT SHALL PAY ANY   788          

FEE REQUIRED BY THE BUREAU FOR CONDUCTING THE CRIMINAL RECORDS     789          

CHECK.                                                                          

      AN APPLICANT FOR A LICENSE shall submit to an examination    794          

as to his THE APPLICANT'S knowledge of life and sickness and       795          

accident insurance and the laws of this state governing his        796          

activities as a life insurance agent.  Unless                      797          

      (B)  UNLESS it appears that the appointee APPLICANT is not   802          

of good reputation and character, is not a trustworthy person, is  803          

not suitable to be licensed, or has not completed such THE         804          

educational requirements SET FORTH IN SECTION 3905.48 OF THE       805          

REVISED CODE, the superintendent OF INSURANCE shall issue to him   806          

THE APPLICANT a license which shall state, in substance, that the  808          

company PERSON is authorized to do THE business OF A LIFE          810          

INSURANCE AGENT in this state, and that the person named therein   812          

is a constituted agent of the company in this state for the        813          

transaction of such business.  Each notice and certificate shall   814          

be upon forms furnished by the superintendent and shall be         815          

accompanied by a statement under oath by the appointee which       816          

shall give his name, age, residence, present occupation,           818          

occupation for the five years next preceding the date of the       819          

notice, and such other information as the superintendent                        

requires, upon a blank furnished by him.                           820          

      (B)  The superintendent may suspend or revoke such a         822          

license as provided in section 3905.482 of the Revised Code, and   823          

may suspend, revoke, refuse to continue or renew, or refuse to     824          

issue such a license as provided in section 3905.49 of the         825          

Revised Code.  Every such UNLESS REVOKED OR SUSPENDED BY THE       826          

                                                          18     

                                                                 
SUPERINTENDENT OR SURRENDERED BY THE AGENT, SUCH A LICENSE         827          

CONTINUES IN FORCE FOR THE LIFE OF THE AGENT, IN THE CASE OF AN    828          

INDIVIDUAL, OR UNTIL THE CORPORATION, PARTNERSHIP, OR LIMITED      829          

LIABILITY COMPANY CEASES TO EXIST.                                              

      EACH insurance company shall, upon the termination of the    832          

employment APPOINTMENT of any such agent, forthwith file with the  834          

superintendent a statement of the termination of such employment   835          

THE APPOINTMENT.                                                                

      (C)  Upon written notice by a life insurance company         837          

authorized to transact business in this state of its appointment   838          

of a corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY to     839          

act as its agent in this state, the superintendent of insurance    841          

shall furnish such THE corporation, PARTNERSHIP, OR LIMITED        842          

LIABILITY COMPANY with an application for agent's license which    843          

shall contain such questions as will enable the superintendent to  844          

determine that such THE corporation, PARTNERSHIP, OR LIMITED       845          

LIABILITY COMPANY was organized for the purpose of acting as an    846          

insurance agent,; that each employee of such THE corporation,      848          

PARTNERSHIP, OR LIMITED LIABILITY COMPANY who will negotiate for,  849          

place, or renew policies or agreements of life insurance on        850          

behalf of such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY  851          

COMPANY has been issued a life insurance agent's license pursuant  852          

to division (A) of this section; that the voting shares of such    853          

corporation are beneficially owned by natural persons who are      854          

residents of this state; that such THE corporation, PARTNERSHIP,   855          

OR LIMITED LIABILITY COMPANY and such THE life insurance company   857          

have executed a written agreement whereby the rights and duties    858          

of each are set forth; and that in applying for such THE license   859          

it is not the appointee's purpose or intention principally to      861          

solicit or place insurance on the lives of the appointee's         862          

officers, employees, or shareholders, or the lives of relatives    863          

of such officers, employees, or shareholders, or upon the lives    864          

of persons for whom they, their relatives, or the appointee is     865          

agent, custodian, vendor, bailee, trustee, or payee.  Unless it    866          

                                                          19     

                                                                 
appears that such THE corporation, PARTNERSHIP, OR LIMITED         868          

LIABILITY COMPANY was not organized for such purpose or that each  869          

such employee has not been so licensed or that the voting shares   870          

of such corporation are not so beneficially owned or that such a   871          

written agreement has not been executed, the superintendent shall  872          

issue to such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY   873          

COMPANY a license which shall state STATES, in substance, that     874          

such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY    875          

is a life insurance agent.                                         876          

      (D)  If the superintendent of insurance, at any time         878          

subsequent to the issuance of a life insurance agent's license to  879          

a corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY, finds    880          

that such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY       882          

COMPANY has ceased to have as its purpose acting as an insurance   883          

agent or that each employee of such THE corporation, PARTNERSHIP,  884          

OR LIMITED LIABILITY COMPANY who negotiates for, places, or        885          

renews policies or agreements of life insurance on behalf of such  887          

THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY has     888          

not been issued a life insurance agent's license or that the       889          

voting shares of such corporation are not beneficially owned by    890          

natural persons who are residents of this state or that the        891          

principal use of such THE license has been to solicit, place, or   893          

effect insurance on the lives of the appointee's officers,         894          

employees, or shareholders, or on the lives of the relatives of    895          

such officers, employees, or shareholders, or upon the lives of    896          

persons for whom they, or their relatives, or the appointee is     897          

agent, custodian, vendor, bailee, trustee, or payee, or for any    898          

other cause shown he, THE SUPERINTENDENT may after hearing revoke  900          

the life insurance agent's license issued to such THE              902          

corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY or suspend  903          

such THE license until such condition as he THE SUPERINTENDENT     904          

finds existing ceases to exist.  The finding of the                907          

superintendent, either in refusing to grant a license or in        908          

revoking a license, shall be in writing, and shall state the       909          

                                                          20     

                                                                 
facts upon which his THE action is based.  The action of the       911          

superintendent in granting, revoking, continuing, or refusing to   912          

grant, revoke, or continue such THE license, shall be subject to   914          

review in accordance with Chapter 119. of the Revised Code.        915          

      (E)  Unless THE AGENT'S LICENSE IS revoked OR SUSPENDED by   917          

the superintendent OF INSURANCE, or unless the company by written  919          

notice to the superintendent cancels the agent's authority to act  920          

for it, a life insurance agent's license, and any other license    921          

issued to an agent APPOINTMENT may, in the discretion of the       923          

superintendent and at the request of the company and payment of    924          

the required fee, be continued past the thirtieth day of June      925          

next after its issue and after the thirtieth day of June in each   926          

succeeding year.  Except as provided in section 3905.011 of the    927          

Revised Code, all ALL domestic, foreign, and alien companies       929          

shall pay a fee of twenty dollars for every such license           930          

APPOINTMENT and for each continuance thereafter.  While such       932          

license AN APPOINTMENT remains in force, a foreign company shall   934          

be bound by the acts of the person named therein IN THE            935          

APPOINTMENT, within his THE PERSON'S APPARENT authority as its     938          

acknowledged agent.                                                             

      (F)  The superintendent OF INSURANCE may prescribe the       940          

forms to be used as evidence of the issuance of licenses AND       941          

APPOINTMENTS under this section and may issue one or more          943          

certificates, in a form suitable for office display, to cover any  944          

number of insurance companies with which an agent is licensed HAS  945          

APPOINTMENTS.                                                                   

      (G)(1)  THE SUPERINTENDENT OF INSURANCE SHALL NOT ISSUE OR   948          

CONTINUE THE LICENSE OF A CORPORATION, PARTNERSHIP, OR LIMITED     949          

LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THIS OR ANY OTHER    950          

STATE UNLESS THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY    951          

COMPANY IS QUALIFIED TO DO BUSINESS IN THIS STATE UNDER THE        952          

APPLICABLE PROVISIONS OF TITLE XVII OF THE REVISED CODE.           956          

      (2)  THE FAILURE OF A CORPORATION, PARTNERSHIP, OR LIMITED   959          

LIABILITY COMPANY TO BE IN GOOD STANDING WITH THE SECRETARY OF     960          

                                                          21     

                                                                 
STATE OR TO MAINTAIN A VALID APPOINTMENT OF STATUTORY AGENT IS     961          

GROUNDS FOR SUSPENSION OR REVOCATION OF ITS LICENSE.               962          

      (3)  BY APPLYING FOR A LICENSE AS AN AGENT UNDER THIS        964          

SECTION, AN INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LIMITED       965          

LIABILITY COMPANY CONSENTS TO THE JURISDICTION OF THE COURTS OF    966          

THIS STATE.                                                        967          

      Sec. 3905.20.  (A)  Any person licensed as a life insurance  976          

agent for a life insurance company authorized to deliver or issue  977          

for delivery in this state SHALL, UPON SATISFACTORY COMPLETION OF  979          

AN EXAMINATION AS TO THE PERSON'S KNOWLEDGE OF policies,           981          

annuities, or AND other contracts providing variable or fixed and  982          

variable benefits or contractual payments ISSUED BY LIFE           983          

INSURANCE COMPANIES pursuant to section 3911.011 of the Revised    984          

Code shall, upon written application of such company,              985          

satisfactory completion of an examination as to his knowledge of   987          

such policies, annuities, and contracts and the nature thereof,    988          

payment of the required fee, and compliance with the               989          

pre-licensing PRELICENSING educational requirements of section     990          

3905.48 of the Revised Code, be licensed by the superintendent of  992          

insurance as a variable contract agent.                            993          

      (B)  The superintendent may suspend or revoke such a         995          

license as provided in section 3905.482 of the Revised Code, and   996          

may suspend, revoke, refuse to continue or renew, or refuse to     997          

issue such a license as provided in section 3905.49 of the         998          

Revised Code.  Revocation of such THE person's license as a life   999          

insurance agent or failure to renew such license is cause for      1,000        

revoking such THE person's license as a variable contract agent.   1,001        

Every such UNLESS REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR    1,002        

SURRENDERED BY THE AGENT, A VARIABLE CONTRACT AGENT'S LICENSE      1,003        

CONTINUES IN FORCE FOR THE LIFE OF THE AGENT.                      1,004        

      EACH LIFE insurance company shall, upon termination of the   1,006        

employment APPOINTMENT of any such person as a variable contract   1,007        

agent, forthwith file with the superintendent a statement of the   1,009        

termination of such employment THE APPOINTMENT.                    1,010        

                                                          22     

                                                                 
      (C)  Any corporation, PARTNERSHIP, OR LIMITED LIABILITY      1,012        

COMPANY licensed as a life insurance agent for AND APPOINTED BY a  1,014        

life insurance company authorized to deliver or issue for          1,016        

delivery in this state policies, annuities, or other contracts     1,017        

providing variable or fixed and variable benefits or contractual   1,018        

payments pursuant to section 3911.011 of the Revised Code, may,    1,019        

upon written application of such company and upon a proper         1,020        

showing that all of such THE corporation's, PARTNERSHIP'S, OR      1,022        

LIMITED LIABILITY COMPANY'S employees who will negotiate for,      1,023        

place, or renew any such policies, annuities, or contracts on      1,024        

behalf of such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY  1,025        

COMPANY have been issued licenses as variable contract agents      1,027        

pursuant to division (A) of this section, be licensed by the       1,028        

superintendent of insurance as a variable contract agent.          1,029        

      (D)  The superintendent of insurance may, for cause shown    1,031        

and after hearing, revoke the variable contract agent's license    1,032        

issued to such corporation, PARTNERSHIP, OR LIMITED LIABILITY      1,033        

COMPANY, or suspend such THE license until such condition as he    1,036        

THE SUPERINTENDENT finds existing ceases to exist.  The            1,037        

revocation or suspension of such THE corporation's,                1,038        

PARTNERSHIP'S, OR LIMITED LIABILITY COMPANY'S license as a life    1,039        

insurance agent or failure to renew such license shall be cause    1,041        

for revoking or suspending, as the case may be, such THE           1,042        

corporation's, PARTNERSHIP'S, OR LIMITED LIABILITY COMPANY'S       1,043        

license as a variable contract agent.  The finding of the          1,044        

superintendent, either in refusing to grant a license or in        1,045        

revoking a license, shall be in writing and state the facts upon   1,046        

which his THE SUPERINTENDENT'S action is based.  The action of     1,047        

the superintendent in granting, revoking, continuing, or refusing  1,049        

to grant, revoke, or continue such license, shall be subject to    1,050        

review in accordance with Chapter 119. of the Revised Code.        1,051        

      (E)  Unless revoked or suspended by the superintendent OR    1,053        

SURRENDERED BY THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY  1,054        

COMPANY, or unless the company by written notice to the            1,055        

                                                          23     

                                                                 
superintendent cancels the agent's authority to act for it, a      1,056        

variable contract agent's license, and any other license issued    1,057        

to an agent may, in the discretion of the superintendent and at    1,058        

the request of the company and payment of the required fee, be     1,059        

CONTINUES IN FORCE UNTIL THE CORPORATION, PARTNERSHIP, OR LIMITED  1,060        

LIABILITY COMPANY CEASES TO EXIST.                                 1,061        

      (F)  EACH LIFE INSURANCE COMPANY SHALL CERTIFY TO THE        1,064        

SUPERINTENDENT BEFORE THE THIRTIETH DAY OF JUNE EACH YEAR THE      1,066        

NAMES AND ADDRESSES OF THE VARIABLE CONTRACT AGENTS FOR WHOM IT    1,067        

REQUESTS APPOINTMENTS OR THE CONTINUANCE OF APPOINTMENTS.  SUCH    1,068        

AN APPOINTMENT, UNLESS CANCELED BY THE INSURANCE COMPANY, MAY BE   1,069        

continued IN FORCE past the thirtieth day of June next after its   1,071        

issue and after the thirtieth day of June in each succeeding       1,072        

year.  Except as provided in section 3905.011 of the Revised       1,073        

Code, all ALL domestic, foreign, and alien companies shall pay a   1,075        

fee of twenty dollars for every such license APPOINTMENT WHEN      1,076        

ISSUED and for each continuance thereafter.  While such license    1,078        

APPOINTMENT remains in force, a foreign company shall be bound by  1,081        

the acts of the person named therein IN THE APPOINTMENT, within    1,082        

his THE PERSON'S APPARENT authority as its authorized agent.       1,084        

      Sec. 3905.27.  The superintendent of insurance may open an   1,093        

account in the name of each insurance company authorized to do     1,094        

business in this state and in the name of any authorized           1,095        

insurance agent, and charge said THE accounts with all fees        1,096        

incurred by such companies or agents in accordance with sections   1,098        

3905.01, 3905.02, 3905.03, 3905.07, 3905.26, 3919.26, and 3931.03  1,099        

of the Revised Code, and other statutes imposing fees.  The        1,101        

statutory fee for each service requested shall be charged against  1,102        

the proper account forthwith upon the rendition of the service.    1,103        

      Not later than the tenth day of each calendar month the      1,105        

superintendent shall render an itemized statement to each company  1,106        

or agent whose account has been charged during the month next      1,107        

preceding, showing the amount of all fees charged during said      1,108        

THAT month and demanding that payment thereof be made not later    1,110        

                                                          24     

                                                                 
than the first day of the month next following.                    1,111        

      The failure of any insurance company within said THAT time   1,113        

to pay the amount of such fees in accordance with such THE         1,114        

monthly statement, or, if said THE statement or account is found   1,115        

to be incorrect, in accordance with a corrected monthly statement  1,116        

rendered by the superintendent, is grounds for the revocation of   1,117        

its certificate of authority to do business in this state.  In     1,118        

the event of such an order of revocation, the superintendent       1,119        

shall forthwith cause a notice thereof to be published once in at  1,120        

least one newspaper at the seat of the government and also, if a   1,121        

domestic company, once in at least one newspaper published in the  1,122        

county where its home office is located, or, if a foreign or       1,123        

alien company, once in at least one newspaper published in a       1,124        

county of this state where an agency of such THE company is        1,125        

located. After the publication of such THE notice, no agent of     1,127        

such THE company shall procure applications for insurance or       1,129        

issue policies.                                                                 

      In the event of the failure of any agent within the time     1,131        

fixed to pay the amount of fees charged against his THE AGENT'S    1,132        

account in accordance with the monthly statement rendered by the   1,134        

superintendent, such THE agent's license may be revoked in the     1,135        

manner provided by sections 3905.01 3905.02 and 3905.18 of the     1,137        

Revised Code.                                                      1,138        

      Sec. 3905.30.  The superintendent of insurance may issue a   1,147        

surplus line broker's license to any natural person who is a       1,149        

citizen of the United States and has been a resident of this OR    1,151        

ANY OTHER state OR A PROVINCE OF CANADA, OR TO ANY CORPORATION,    1,152        

PARTNERSHIP, OR LIMITED LIABILITY COMPANY THAT IS ORGANIZED UNDER  1,153        

THE LAWS OF THIS OR ANY OTHER STATE OR A PROVINCE OF CANADA.  THE  1,154        

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

least two years prior to making application for the SURPLUS LINE   1,157        

BROKER'S license.  The applicant shall also have met the           1,158        

standards and passed the test provided for the issuance of a       1,160        

multiple line agent's license.  A surplus line broker's license    1,161        

                                                          25     

                                                                 
permits the person named in the license to negotiate for and       1,162        

obtain insurance, other than life insurance, on property or        1,164        

persons in this state in insurers not authorized to transact       1,165        

business in this state.  Each such license expires on the                       

thirty-first day of January next after the year in which it is     1,166        

issued, and may be then renewed.                                   1,167        

      Sec. 3905.40.  The superintendent of insurance shall MAY     1,176        

issue no A license to any person as agent of an insurance company  1,178        

if such person INDIVIDUAL WHO is a resident of a ANOTHER state     1,181        

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

as agents of insurance companies in such state; if the             1,182        

superintendent is satisfied that any person holding a license as   1,183        

such agent is a resident of such state, he shall revoke such       1,185        

license OR A PROVINCE OF CANADA, OR TO ANY CORPORATION,            1,186        

PARTNERSHIP, OR LIMITED LIABILITY COMPANY THAT IS ORGANIZED UNDER  1,187        

THE LAWS OF ANOTHER STATE OR A PROVINCE OF CANADA.  FOR THE        1,188        

PURPOSE OF ACCORDING SUCH AN APPLICANT THE FULL PRIVILEGES OF AN   1,190        

INSURANCE AGENT IN THIS STATE, THE SUPERINTENDENT SHALL ACCEPT     1,191        

THE LICENSING OBLIGATIONS, PROHIBITIONS, AND REQUIREMENTS THAT     1,192        

ARE IMPOSED UPON THE APPLICANT BY THE INSURANCE AUTHORITY AND      1,193        

LAWS OF THE STATE OR OF THE PROVINCE OF CANADA OF WHICH THE        1,195        

APPLICANT IS A RESIDENT, OR UNDER WHICH THE APPLICANT IS                        

ORGANIZED, AS SATISFYING THE LICENSING OBLIGATIONS, PROHIBITIONS,  1,197        

AND REQUIREMENTS OF THIS STATE, EXCEPT FOR THOSE OBLIGATIONS,      1,198        

PROHIBITIONS, AND REQUIREMENTS IMPOSED UNDER SECTION 3905.41 OF    1,199        

THE REVISED CODE.                                                  1,200        

      FOR PURPOSES OF THIS SECTION, THE LICENSING REQUIREMENTS     1,203        

THAT MUST BE ACCEPTED BY THE SUPERINTENDENT INCLUDE THE            1,204        

REQUIREMENTS FOR PRELICENSING AND CONTINUING EDUCATION OF THE      1,205        

OTHER STATE OR PROVINCE.                                                        

      Sec. 3905.48.  (A)  On and after July 1, 1987, no NO         1,214        

person, unless the person has complied with division (B) of this   1,215        

section, shall be permitted to take an examination for a license   1,217        

as an agent or solicitor to engage in the sale of any of the       1,218        

                                                          26     

                                                                 
following types of insurance:                                      1,219        

      (1)  Life insurance, annuity contracts, variable annuity     1,221        

contracts, and variable life insurance;                            1,222        

      (2)  Sickness and accident insurance;                        1,224        

      (3)  All lines of property and casualty insurance;           1,226        

      (4)  All other lines of insurance for which an examination   1,228        

is required for licensing, except title insurance.                 1,229        

      (B)  No person shall be permitted to take an examination     1,231        

described in division (A) of this section unless either of the     1,232        

following applies:                                                 1,233        

      (1)  The person has earned a bachelor's or associate's       1,235        

degree in insurance in an accredited institution;                  1,236        

      (2)  The person has been granted a diploma for successfully  1,238        

completing a high school curriculum under section 3313.61 of the   1,239        

Revised Code or a certificate of high school equivalence under     1,240        

rule 3301-41-1 of the Administrative Code, or been granted a       1,241        

comparable diploma or certificate by another state, and has        1,242        

successfully completed at least forty hours of study in a program  1,243        

of insurance education approved by the superintendent of           1,244        

insurance in consultation with the insurance agent education       1,245        

advisory council under criteria established by the                 1,246        

superintendent.                                                    1,247        

      Sec. 3905.481.  (A)(1)  Except as provided in division (B)   1,256        

of this section, each person who is issued a license as an agent   1,257        

or solicitor on and OR after July 1, 1993, THE EFFECTIVE DATE OF   1,259        

THIS AMENDMENT shall complete in accordance with division (A)(1)   1,260        

of this section at least thirty FIFTEEN hours of continuing        1,261        

education instruction offered in a course or program of study      1,263        

approved by the superintendent of insurance in consultation with   1,264        

the insurance agent education advisory council.  The person shall  1,265        

complete the initial thirty FIFTEEN hours of continuing education  1,268        

instruction during a period not to exceed twenty-four months       1,269        

commencing on the first day of January of PERSON'S BIRTHDAY IN     1,270        

the year immediately following the year of the issuance of the     1,271        

                                                          27     

                                                                 
license and ending on the thirty-first day of December of          1,272        

PERSON'S BIRTHDAY IN the second THIRD year following the year of   1,274        

the issuance of the license.  Thereafter, the person shall         1,275        

complete at least thirty FIFTEEN hours of continuing education     1,277        

instruction in every subsequent twenty-four-month period           1,278        

commencing on the first day of January and ending on the                        

thirty-first day of December of the following year.                1,279        

      (2)  Except as provided in division (B) of this section,     1,281        

each person who, on July 1, 1993 THE EFFECTIVE DATE OF THIS        1,282        

AMENDMENT, holds a license as an agent or solicitor issued prior   1,284        

to that date shall complete, no later than December 31, 1995, at   1,285        

least thirty FIFTEEN hours of continuing education instruction     1,287        

offered in a course or program of study approved by the            1,288        

superintendent in consultation with the council, AS FOLLOWS:                    

      (a)  IF THE PERSON HAS BEEN LICENSED CONTINUOUSLY SINCE AT   1,290        

LEAST DECEMBER 31, 1993, FIFTEEN HOURS OF CONTINUING EDUCATION     1,291        

BETWEEN JANUARY 1, 1996, AND THE PERSON'S BIRTHDAY IN 1998;        1,292        

      (b)  IF THE PERSON WAS FIRST LICENSED IN 1994 OR 1996 AND    1,294        

HAS BEEN LICENSED CONTINUOUSLY SINCE THEN, FIFTEEN HOURS OF        1,295        

CONTINUING EDUCATION BETWEEN JANUARY 1, 1997, AND THE PERSON'S     1,297        

BIRTHDAY IN 1999;                                                               

      (c)  IF THE PERSON WAS FIRST LICENSED IN 1995 AND HAS BEEN   1,299        

CONTINUOUSLY LICENSED SINCE THEN, FIFTEEN HOURS OF CONTINUING      1,300        

EDUCATION BETWEEN JANUARY 1, 1998, AND THE PERSON'S BIRTHDAY IN    1,302        

2000.  Thereafter                                                  1,303        

      THEREAFTER, the person shall complete at least thirty        1,306        

FIFTEEN hours of such continuing education instruction in every    1,308        

subsequent twenty-four-month period commencing on the first day    1,309        

of January of every even-numbered year and ending on the           1,310        

thirty-first day of December of every odd-numbered year PERSON'S   1,311        

BIRTHDAY.                                                                       

      (B)  Division (A) of this section does not apply to any      1,313        

person or class of persons, as determined by the superintendent    1,315        

in consultation with the council.                                  1,316        

                                                          28     

                                                                 
      (C)  A person may comply with division (A) of this section   1,318        

by demonstrating to the council that the person has completed the  1,322        

minimum number of hours required by that division in a             1,323        

substantially similar course or program of study offered in        1,324        

another state.                                                                  

      Sec. 3905.482.  (A)  The superintendent of insurance shall   1,333        

suspend the agent's or solicitor's license of any person who       1,334        

fails to meet the requirements of section 3905.481 of the Revised  1,335        

Code and has not been granted under division (B) of this section   1,336        

an extension of time within which to complete the requirements.    1,337        

The suspension shall continue until the person demonstrates to     1,338        

the satisfaction of the superintendent that he THE PERSON has      1,339        

complied with the requirements of section 3905.481 of the Revised  1,341        

Code and all other provisions of this chapter.  However, the       1,342        

superintendent shall revoke the license if the person fails to     1,343        

demonstrate such compliance within six months after the            1,344        

conclusion of the immediately preceding twenty-four-month          1,345        

compliance period and has not been granted under division (B) of   1,346        

this section an extension of time within which to complete the     1,347        

requirements.  Any person whose license has been revoked under     1,348        

this division and who desires to hold a license as an agent or     1,349        

solicitor under this chapter shall apply for a new agent's or      1,350        

solicitor's license in accordance with the requirements of this    1,351        

chapter.                                                                        

      (B)  If a person cannot meet the requirements of section     1,353        

3905.481 of the Revised Code due to a disability or inactivity     1,354        

due to special circumstances, the superintendent may grant the     1,355        

person a reasonable extension of time to enable the person to      1,356        

comply with the requirements of section 3905.481 of the Revised    1,357        

Code for the period of the disability or inactivity.               1,358        

      (C)  Before revoking or suspending any agent's or            1,360        

solicitor's license under this section, the superintendent shall   1,361        

provide the licensee notice and an opportunity for a hearing in    1,362        

accordance with Chapter 119. of the Revised Code.                  1,363        

                                                          29     

                                                                 
      Sec. 3905.49.  (A)  AS USED IN THIS SECTION:                 1,373        

      (1)  "INSURER" HAS THE SAME MEANING AS IN SECTION 3901.32    1,376        

OF THE REVISED CODE.                                               1,377        

      (2)  "REFUSAL TO ISSUE OR RENEW" MEANS THE DECISION OF THE   1,380        

SUPERINTENDENT OF INSURANCE NOT TO PROCESS EITHER THE INITIAL      1,381        

APPLICATION FOR A LICENSE AS AN AGENT OR THE RENEWAL OF SUCH A     1,382        

LICENSE.                                                                        

      (3)  "REVOCATION" MEANS THE PERMANENT TERMINATION OF ALL     1,385        

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

      (4)  "SURRENDER FOR CAUSE" MEANS THE VOLUNTARY TERMINATION   1,388        

OF ALL AUTHORITY TO HOLD ANY LICENSE AS AN AGENT IN THIS STATE,    1,389        

IN LIEU OF A REVOCATION OR SUSPENSION ORDER.                       1,390        

      (5)  "SUSPENSION" MEANS THE TERMINATION OF ALL AUTHORITY TO  1,393        

HOLD ANY LICENSE AS AN AGENT IN THIS STATE, FOR EITHER A           1,394        

SPECIFIED PERIOD OF TIME OR AN INDEFINITE PERIOD OF TIME AND       1,395        

UNDER ANY TERMS OR CONDITIONS DETERMINED BY THE SUPERINTENDENT.    1,396        

      (B)  The superintendent of insurance may suspend, revoke,    1,400        

refuse to continue or renew, or refuse to issue OR RENEW any       1,401        

license as an agent, SURPLUS LINE BROKER, or solicitor LIMITED     1,402        

INSURANCE REPRESENTATIVE, OR IMPOSE ANY OTHER SANCTION AUTHORIZED  1,403        

under this chapter, if the superintendent finds any FOR one or     1,405        

more of the following REASONS:                                     1,406        

      (1)  The person has made a false OBTAINING OR ATTEMPTING TO  1,409        

OBTAIN ANY LICENSE OR APPOINTMENT THROUGH MISREPRESENTATION OR     1,410        

FRAUD, INCLUDING MAKING ANY MATERIALLY UNTRUE statement with       1,412        

respect to a material matter in the license AN application FOR A   1,413        

LICENSE OR APPOINTMENT;                                            1,414        

      (2)  Any cause for which issuance of the license could have  1,416        

been refused had it existed and been known to the superintendent   1,417        

at the time of issuance;                                           1,418        

      (3)  The person has violated VIOLATING or failed FAILING to  1,421        

comply with any insurance law or any lawful, rule, SUBPOENA,       1,422        

CONSENT AGREEMENT, or order of the superintendent or the           1,424        

commissioner of insurance of another state;                                     

                                                          30     

                                                                 
      (4)  The person has obtained or attempted to obtain any      1,426        

such license through mispresentation or fraud;                     1,427        

      (5)  The person has improperly withheld, misappropriated,;   1,429        

      (3)  MISAPPROPRIATING or converted CONVERTING to the         1,432        

person's own use any moneys belonging to policyholders, insurers   1,434        

PROSPECTIVE POLICYHOLDERS, beneficiaries, INSURANCE COMPANIES, or  1,435        

others received in the course of the person's insurance business;  1,436        

      (4)  FAILING TO TIMELY SUBMIT AN APPLICATION FOR INSURANCE.  1,439        

FOR PURPOSES OF DIVISION (B)(4) OF THIS SECTION, A SUBMISSION IS   1,441        

CONSIDERED TIMELY IF IT OCCURS WITHIN THE TIME PERIOD EXPRESSLY    1,442        

PROVIDED FOR BY THE INSURER, OR WITHIN SEVEN DAYS AFTER THE AGENT  1,443        

ACCEPTS A PREMIUM OR AN ORDER TO BIND FROM A POLICYHOLDER OR       1,444        

APPLICANT, WHICHEVER IS LATER.                                                  

      (6)  The person has knowingly misrepresented (5)  KNOWINGLY  1,447        

MISREPRESENTING the terms, BENEFITS, VALUE, COST, OR EFFECTIVE     1,448        

DATES of any actual or proposed insurance policy or contract;      1,449        

      (7)  The person has been (6)  BEING convicted of a felony.   1,452        

If a person has been convicted of a felony based on evidence of    1,454        

acts or omissions related to the insurance business, the           1,455        

superintendent shall revoke any license issued to such person for  1,456        

a period of not less than two years.  If the person did not hold   1,457        

a license at the time of the conviction, no license shall be       1,458        

issued to the person for a period of two years after the date of   1,459        

the conviction.;                                                   1,460        

      (8)  The person is guilty of (7)  BEING CONVICTED OF A       1,462        

MISDEMEANOR THAT INVOLVES THE MISUSE OR THEFT OF MONEY OR          1,464        

PROPERTY BELONGING TO ANOTHER, FRAUD, FORGERY, DISHONEST ACTS, OR  1,465        

BREACH OF A FIDUCIARY DUTY, OR THAT IS BASED ON ANY ACT OR         1,466        

OMISSION RELATING TO THE BUSINESS OF INSURANCE, SECURITIES, OR     1,467        

FINANCIAL SERVICES;                                                             

      (9)(8)  COMMITTING an unfair or deceptive trade act OR       1,471        

practice or fraud under any section of Title XXXIX of the Revised  1,472        

Code OR ANY RULE ADOPTED THEREUNDER;                                            

      (9)  In the conduct of the person's affairs under a          1,474        

                                                          31     

                                                                 
license, the person has used fraudulent, coercive, or dishonest    1,475        

practices, or is incompetent, untrustworthy, or financially        1,476        

irresponsible;                                                     1,477        

      (10)  The person's HAVING AN INSURANCE license has been      1,479        

suspended or revoked in any other state, province, district, or    1,481        

territory;                                                                      

      (11)  The person has forged (10)  FORGING OR CAUSING THE     1,483        

FORGERY OF another's name to ANY DOCUMENT RELATED TO OR USED IN    1,485        

an application for insurance TRANSACTION;                          1,486        

      (12)  The person has cheated (11)  POSSESSING OR USING ANY   1,489        

UNAUTHORIZED MATERIALS DURING A LICENSING OR CONTINUING EDUCATION  1,490        

EXAMINATION OR CHEATING on an A LICENSING OR CONTINUING EDUCATION  1,491        

examination for an insurance license                               1,492        

      (B)  The license of a partnership or corporation may be      1,494        

suspended, revoked, or refused if the superintendent finds, after  1,495        

notice and hearing under Chapter 119. of the Revised Code, that    1,496        

an individual licensee's violation was known or should have been   1,497        

known by one or more of the partners, officers, directors, or      1,498        

managers acting on behalf of the partnership or corporation and    1,499        

such violation was not reported to the department of insurance or  1,500        

corrective action taken in relation to the violation;              1,501        

      (12)  FAILING TO DISCLOSE TO AN APPLICANT FOR INSURANCE OR   1,504        

POLICYHOLDER UPON ACCEPTING A PREMIUM OR AN ORDER TO BIND          1,505        

COVERAGE FROM THE APPLICANT OR POLICYHOLDER, THAT THE PERSON HAS   1,506        

NOT BEEN APPOINTED AS AGENT BY THE INSURER AND IS NOT AN           1,507        

APPOINTED SOLICITOR OF AN APPOINTED AGENT;                                      

      (13)  HAVING ANY PROFESSIONAL LICENSE SUSPENDED OR REVOKED   1,510        

AS A RESULT OF A MISHANDLING OF FUNDS OR BREACH OF FIDUCIARY       1,511        

RESPONSIBILITIES;                                                  1,512        

      (14)  CAUSING OR PERMITTING A POLICYHOLDER OR APPLICANT FOR  1,515        

INSURANCE TO DESIGNATE THE PERSON OR THE PERSON'S SPOUSE, PARENT,  1,516        

CHILD, OR SIBLING AS THE BENEFICIARY OF A POLICY OR ANNUITY SOLD   1,517        

BY THE PERSON, UNLESS THE PERSON OR A RELATIVE OF THE PERSON IS    1,518        

THE INSURED OR APPLICANT;                                                       

                                                          32     

                                                                 
      (15)  FAILING TO PROVIDE A WRITTEN RESPONSE TO THE           1,520        

DEPARTMENT OF INSURANCE WITHIN THIRTY DAYS AFTER RECEIPT OF ANY    1,522        

WRITTEN INQUIRY FROM THE DEPARTMENT;                                            

      (16)  FAILING TO NOTIFY THE SUPERINTENDENT OF ANY CHANGE IN  1,525        

THE PERSON'S ADDRESS, WITHIN THIRTY DAYS AFTER THE CHANGE OCCURS,  1,527        

AS REQUIRED BY SECTION 3905.54 OF THE REVISED CODE;                             

      (17)  TRANSFERRING OR PLACING INSURANCE WITH AN INSURER      1,529        

OTHER THAN THE INSURER EXPRESSLY CHOSEN BY THE APPLICANT FOR       1,530        

INSURANCE OR POLICYHOLDER WITHOUT THE PRIOR CONSENT OF THE         1,531        

APPLICANT OR POLICYHOLDER OR ABSENT EXTENUATING CIRCUMSTANCES;     1,532        

      (18)  ENGAGING IN ANY FRAUDULENT OR COERCIVE PRACTICE IN     1,535        

CONNECTION WITH THE BUSINESS OF INSURANCE;                                      

      (19)  FAILING TO INFORM A POLICYHOLDER OR APPLICANT FOR      1,537        

INSURANCE OF THE IDENTITY OF THE INSURER OR INSURERS, OR THE       1,538        

IDENTITY OF ANY OTHER INSURANCE AGENT, GENERAL AGENT, SURPLUS      1,539        

LINE BROKER, OR LICENSEE KNOWN TO BE INVOLVED IN PROCURING,        1,540        

PLACING, OR CONTINUING THE INSURANCE FOR THE POLICYHOLDER OR       1,541        

APPLICANT, UPON THE BINDING OF THE COVERAGE;                       1,542        

      (20)  IN THE CASE OF AN AGENT THAT IS A CORPORATION,         1,544        

LIMITED LIABILITY COMPANY, OR PARTNERSHIP, FAILING TO REPORT AN    1,545        

INDIVIDUAL LICENSEE'S VIOLATION TO THE DEPARTMENT WHEN THE         1,546        

VIOLATION WAS KNOWN OR SHOULD HAVE BEEN KNOWN BY ONE OR MORE OF    1,547        

THE PARTNERS, OFFICERS, MANAGERS, OR MEMBERS OF THE CORPORATION,   1,548        

LIMITED LIABILITY COMPANY, OR PARTNERSHIP;                         1,549        

      (21)  SUBMITTING OR USING A DOCUMENT IN THE CONDUCT OF THE   1,552        

BUSINESS OF INSURANCE WHEN THE PERSON KNEW OR SHOULD HAVE KNOWN    1,553        

THAT THE DOCUMENT CONTAINED THE FORGED SIGNATURE OF ANOTHER        1,554        

PERSON;                                                                         

      (22)  MISREPRESENTING THE PERSON'S QUALIFICATIONS OR USING   1,557        

IN ANY WAY A PROFESSIONAL DESIGNATION THAT HAS NOT BEEN CONFERRED  1,558        

UPON THE PERSON BY THE APPROPRIATE ACCREDITING ORGANIZATION;       1,559        

      (23)  OBTAINING A PREMIUM LOAN OR CAUSING A PREMIUM LOAN TO  1,562        

BE MADE TO OR IN THE NAME OF AN INSURED WITHOUT THAT PERSON'S      1,563        

KNOWLEDGE AND WRITTEN AUTHORIZATION;                                            

                                                          33     

                                                                 
      (24)  FAILING TO NOTIFY THE SUPERINTENDENT OF ANY            1,565        

DISCIPLINARY ACTION TAKEN BY THE INSURANCE AUTHORITY OF ANOTHER    1,566        

STATE, WITHIN SIXTY DAYS AFTER THE ACTION WAS TAKEN, AS REQUIRED   1,568        

BY SECTION 3905.54 OF THE REVISED CODE;                                         

      (25)  FAILING TO FILE ANY OF THE REPORTS OR NOTICES          1,570        

REQUIRED UNDER THIS CHAPTER;                                       1,571        

      (26)  SUBMITTING AN APPLICATION FOR INSURANCE, OR CAUSING    1,574        

THE ISSUANCE OF AN INSURANCE POLICY OR CONTRACT, ON BEHALF OF AN   1,575        

APPLICANT WHO DID NOT REQUEST OR AUTHORIZE THE INSURANCE.          1,576        

DIVISION (B)(26) OF THIS SECTION DOES NOT APPLY TO ANY POLICY      1,577        

ISSUED BY AN OTHER THAN LIFE INSURANCE COMPANY.                                 

      (27)  USING PAPER, SOFTWARE, OR ANY OTHER MATERIALS OF OR    1,580        

PROVIDED BY AN INSURER AFTER THE INSURER HAS TERMINATED THE                     

AUTHORITY OF THE LICENSEE, IF THE USE OF SUCH MATERIALS WOULD      1,581        

CAUSE A REASONABLE PERSON TO BELIEVE THAT THE LICENSEE WAS ACTING  1,583        

ON BEHALF OF OR OTHERWISE REPRESENTING THE INSURER;                1,584        

      (28)  PROVIDING MISLEADING, DECEPTIVE, OR UNTRUE             1,586        

INFORMATION TO AN APPLICANT FOR INSURANCE OR A POLICYHOLDER        1,587        

REGARDING A PARTICULAR INSURANCE AGENT, COMPANY, OR PRODUCT;       1,589        

      (29)  SOLICITING, PROCURING AN APPLICATION FOR, OR PLACING,  1,592        

EITHER DIRECTLY OR INDIRECTLY, ANY INSURANCE POLICY WHEN THE       1,593        

PERSON IS NOT AUTHORIZED UNDER THIS CHAPTER TO ENGAGE IN SUCH      1,594        

ACTIVITY;                                                                       

      (30)  SOLICITING, MARKETING, OR SELLING ANY PRODUCT OR       1,596        

SERVICE THAT OFFERS BENEFITS SIMILAR TO INSURANCE BUT IS NOT       1,597        

REGULATED BY THE SUPERINTENDENT, WITHOUT FULLY DISCLOSING TO THE   1,598        

PROSPECTIVE PURCHASER THAT THE PRODUCT OR SERVICE IS NOT           1,599        

INSURANCE AND IS NOT REGULATED BY THE SUPERINTENDENT;              1,600        

      (31)  FAILING TO FULFILL A REFUND OBLIGATION IN A TIMELY     1,602        

MANNER.  FOR PURPOSES OF DIVISION (B)(31) OF THIS SECTION, A       1,604        

REBUTTABLE PRESUMPTION EXISTS THAT A REFUND OBLIGATION IS NOT      1,605        

FULFILLED IN A TIMELY MANNER UNLESS IT IS FULFILLED WITHIN ONE OF  1,606        

THE FOLLOWING TIME PERIODS:                                        1,607        

      (a)  THIRTY DAYS AFTER THE DATE THE POLICYHOLDER,            1,610        

                                                          34     

                                                                 
APPLICANT, OR INSURER TAKES OR REQUESTS ACTION RESULTING IN A      1,611        

REFUND;                                                                         

      (b)  THIRTY DAYS AFTER THE DATE OF THE INSURER'S REFUND      1,614        

CHECK, IF THE AGENT IS EXPECTED TO ISSUE A PORTION OF THE TOTAL    1,615        

REFUND;                                                                         

      (c)  FORTY-FIVE DAYS AFTER THE DATE OF THE AGENT'S           1,618        

STATEMENT OF ACCOUNT ON WHICH THE REFUND FIRST APPEARS.            1,619        

      (C)  Before denying, revoking, suspending, or refusing to    1,621        

continue or renew ISSUE any license or imposing any penalty under  1,623        

this section OR SECTION 3905.482 OF THE REVISED CODE, the          1,624        

superintendent shall provide THE LICENSEE OR APPLICANT WITH        1,626        

notice and an opportunity for hearing, under AS PROVIDED IN        1,627        

Chapter 119. of the Revised Code, to the licensee or applicant     1,629        

and any insurer represented by the licensee or applicant EXCEPT    1,631        

AS FOLLOWS:                                                                     

      (1)(a)  ANY NOTICE OF OPPORTUNITY FOR HEARING, THE HEARING   1,633        

OFFICER'S FINDINGS AND RECOMMENDATIONS, OR THE SUPERINTENDENT'S    1,635        

ORDER SHALL BE SERVED BY CERTIFIED MAIL AT THE LAST KNOWN ADDRESS  1,636        

OF THE LICENSEE OR APPLICANT.  SERVICE SHALL BE EVIDENCED BY       1,637        

RETURN RECEIPT SIGNED BY ANY PERSON.                                            

      FOR PURPOSES OF THIS SECTION, THE "LAST KNOWN ADDRESS" IS    1,639        

THE ADDRESS THAT APPEARS IN THE LICENSING RECORDS OF THE           1,640        

DEPARTMENT OF INSURANCE.                                                        

      (b)  IF THE CERTIFIED MAIL ENVELOPE IS RETURNED WITH AN      1,643        

ENDORSEMENT SHOWING THAT SERVICE WAS REFUSED, OR THAT THE          1,644        

ENVELOPE WAS UNCLAIMED, THE NOTICE AND ALL SUBSEQUENT NOTICES                   

REQUIRED BY CHAPTER 119. OF THE REVISED CODE MAY BE SERVED BY      1,645        

ORDINARY MAIL TO THE LAST KNOWN ADDRESS OF THE LICENSEE OR         1,646        

APPLICANT.  THE MAILING SHALL BE EVIDENCED BY A CERTIFICATE OF     1,647        

MAILING.  SERVICE IS DEEMED COMPLETE AS OF THE DATE OF SUCH        1,648        

CERTIFICATE PROVIDED THAT THE ORDINARY MAIL ENVELOPE IS NOT        1,649        

RETURNED BY THE POSTAL AUTHORITIES WITH AN ENDORSEMENT SHOWING     1,650        

FAILURE OF DELIVERY.  THE TIME PERIOD IN WHICH TO REQUEST A        1,651        

HEARING, AS PROVIDED IN CHAPTER 119. OF THE REVISED CODE, BEGINS   1,654        

                                                          35     

                                                                 
TO RUN ON THE DATE OF MAILING.                                     1,655        

      (c)  IF SERVICE BY ORDINARY MAIL FAILS, THE SUPERINTENDENT   1,658        

MAY CAUSE A SUMMARY OF THE SUBSTANTIVE PROVISIONS OF THE NOTICE    1,659        

TO BE PUBLISHED ONCE A WEEK FOR THREE CONSECUTIVE WEEKS IN A       1,660        

NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY WHERE THE LAST      1,661        

KNOWN PLACE OF RESIDENCE OR BUSINESS OF THE PARTY IS LOCATED.      1,662        

THE NOTICE IS CONSIDERED SERVED ON THE DATE OF THE THIRD           1,663        

PUBLICATION.                                                                    

      (d)  ANY NOTICE REQUIRED TO BE SERVED UNDER CHAPTER 119. OF  1,666        

THE REVISED CODE SHALL ALSO BE SERVED UPON THE PARTY'S ATTORNEY    1,669        

BY ORDINARY MAIL IF THE ATTORNEY HAS ENTERED AN APPEARANCE IN THE  1,670        

MATTER.                                                                         

      (e)  THE SUPERINTENDENT MAY, AT ANY TIME, PERFECT SERVICE    1,673        

ON A PARTY BY PERSONAL DELIVERY OF THE NOTICE BY AN EMPLOYEE OF    1,674        

THE DEPARTMENT.                                                                 

      (f)  NOTICES REGARDING THE SCHEDULING OF HEARINGS AND ALL    1,677        

OTHER MATTERS NOT DESCRIBED IN DIVISION (C)(1)(a) OF THIS SECTION  1,679        

SHALL BE SENT BY ORDINARY MAIL TO THE PARTY AND TO THE PARTY'S     1,680        

ATTORNEY.                                                                       

      (2)  ANY SUBPOENA FOR THE APPEARANCE OF A WITNESS OR THE     1,683        

PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE AT A HEARING, OR FOR     1,684        

THE PURPOSE OF TAKING TESTIMONY FOR USE AT A HEARING, SHALL BE     1,685        

SERVED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, BY AN                       

ATTORNEY OR BY AN EMPLOYEE OF THE DEPARTMENT DESIGNATED BY THE     1,686        

SUPERINTENDENT.  SUCH SUBPOENAS SHALL BE ENFORCED IN THE MANNER    1,687        

PROVIDED IN SECTION 119.09 OF THE REVISED CODE.  NOTHING IN THIS   1,690        

SECTION SHALL BE CONSTRUED AS LIMITING THE SUPERINTENDENT'S OTHER  1,691        

STATUTORY POWERS TO ISSUE SUBPOENAS.                               1,692        

      (D)  The IF THE superintendent DETERMINES THAT A VIOLATION   1,694        

DESCRIBED IN THIS SECTION HAS OCCURRED, THE SUPERINTENDENT may     1,695        

modify any order under this section and restore a license of or    1,697        

issue a license to a person if the superintendent finds, after     1,698        

notice and opportunity for hearing provided to affected parties,   1,699        

that the person can demonstrate all DO ANY of the following:       1,700        

                                                          36     

                                                                 
      (1)  The person has made restitution for all pecuniary       1,702        

losses caused by his ASSESS A CIVIL FORFEITURE IN AN AMOUNT NOT    1,703        

EXCEEDING TWENTY-FIVE THOUSAND DOLLARS PER violation;              1,704        

      (2)  The person's character and reputation have been         1,706        

rehabilitated so that the person possesses the personal            1,707        

qualifications required for the initial issuance of a license;     1,708        

ASSESS ADMINISTRATIVE COSTS TO COVER THE EXPENSES INCURRED BY THE  1,710        

DEPARTMENT IN THE ADMINISTRATIVE ACTION, INCLUDING COSTS INCURRED  1,711        

IN THE INVESTIGATION AND HEARING PROCESSES.  ANY COSTS COLLECTED   1,712        

SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE         1,713        

DEPARTMENT OF INSURANCE OPERATING FUND CREATED IN SECTION                       

3901.021 OF THE REVISED CODE.                                      1,715        

      (3)  If the order was an order of revocation based on a      1,717        

conviction for felony based on evidence of acts or omissions       1,718        

related to the insurance business, that two years have elapsed     1,719        

since the effective date of the order, or if the order was an      1,720        

order denying a license because of such a conviction, that two     1,721        

years have elapsed since the date of the conviction SUSPEND ALL    1,723        

OF THE PERSON'S LICENSES FOR ALL LINES OF INSURANCE FOR EITHER A   1,724        

SPECIFIED PERIOD OF TIME OR AN INDEFINITE PERIOD OF TIME AND       1,725        

UNDER SUCH TERMS AND CONDITIONS AS THE SUPERINTENDENT MAY          1,726        

DETERMINE;                                                                      

      (4)  If required by the superintendent, the person passes    1,728        

the examination required for an initial issuance of the license    1,729        

PERMANENTLY REVOKE ALL OF THE PERSON'S LICENSES FOR ALL LINES OF   1,731        

INSURANCE;                                                                      

      (5)  REFUSE TO ISSUE A LICENSE;                              1,733        

      (6)  REFUSE TO RENEW A LICENSE;                              1,735        

      (7)  PROHIBIT THE PERSON FROM BEING EMPLOYED IN ANY          1,737        

CAPACITY IN THE BUSINESS OF INSURANCE AND FROM HAVING ANY          1,738        

FINANCIAL INTEREST IN ANY INSURANCE AGENCY, COMPANY, OR            1,739        

THIRD-PARTY ADMINISTRATOR IN THIS STATE.  THE SUPERINTENDENT MAY,  1,741        

IN THE SUPERINTENDENT'S DISCRETION, DETERMINE THE NATURE,                       

CONDITIONS, AND DURATION OF SUCH RESTRICTIONS.                     1,742        

                                                          37     

                                                                 
      (8)  ORDER CORRECTIVE ACTIONS IN LIEU OF OR IN ADDITION TO   1,745        

THE OTHER PENALTIES LISTED IN DIVISION (D) OF THIS SECTION.  SUCH  1,746        

AN ORDER MAY PROVIDE FOR THE SUSPENSION OF CIVIL FORFEITURES,      1,747        

LICENSE REVOCATION, LICENSE SUSPENSION, OR REFUSAL TO ISSUE OR     1,748        

RENEW A LICENSE IF THE LICENSEE COMPLIES WITH THE TERMS AND        1,749        

CONDITIONS OF THE CORRECTIVE ACTION ORDER.                         1,750        

      (9)  ACCEPT A SURRENDER FOR CAUSE OFFERED BY THE LICENSEE,   1,753        

WHICH SHALL BE FOR AT LEAST FIVE YEARS AND SHALL PROHIBIT THE      1,754        

LICENSEE FROM SEEKING ANY LICENSE AUTHORIZED UNDER THIS CHAPTER    1,755        

DURING THAT TIME PERIOD.  A SURRENDER FOR CAUSE MAY ALSO INCLUDE   1,756        

A CORRECTIVE ACTION ORDER AS PROVIDED IN DIVISION (D)(8) OF THIS   1,757        

SECTION.                                                                        

      (E)  The superintendent shall MAY consider the following     1,759        

standards FACTORS in denying a license, imposing suspensions,      1,760        

revocations, FINES, or refusals of continuations or renewals of    1,762        

licenses OTHER PENALTIES, AND ISSUING ORDERS UNDER THIS SECTION:   1,763        

      (1)  Whether the person acted in good faith and without      1,765        

knowledge of his violation and makes;                              1,766        

      (2)  WHETHER THE PERSON MADE restitution for any pecuniary   1,769        

losses suffered by other persons as a result of his THE PERSON'S   1,770        

actions.  In such cases, the maximum suspension shall be ninety    1,771        

days.                                                              1,772        

      (2)  Whether, within the meanings defined in section         1,774        

2901.22 of the Revised Code, the person acted purposely,           1,775        

knowingly, recklessly, or negligently;                             1,776        

      (3)  Whether the amount of money or the nature of the        1,778        

property involved in the violation would, if it were the subject   1,779        

of a criminal offense, make a theft offense a misdemeanor or a     1,780        

felony THE ACTUAL HARM OR POTENTIAL FOR HARM TO OTHERS;            1,781        

      (4)  The degree of trust placed in the person by, and the    1,783        

incompetency, inexperience, or susceptibility to undue influence   1,784        

or duress VULNERABILITY of, any other person involved PERSONS WHO  1,786        

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

ACTIONS;                                                           1,787        

                                                          38     

                                                                 
      (5)  The effect of the violation upon the perception by      1,789        

insureds and insurance customers of the ethics and integrity of    1,790        

the insurance industry WHETHER THE PERSON WAS THE SUBJECT OF ANY   1,791        

PREVIOUS ADMINISTRATIVE ACTIONS BY THE SUPERINTENDENT;             1,792        

      (6)  The extent to which NUMBER OF INDIVIDUALS ADVERSELY     1,794        

AFFECTED BY the person's conduct departed from the customary and   1,796        

usual ethical standards of persons engaged in the insurance        1,797        

business ACTS OR OMISSIONS;                                                     

      (7)  WHETHER THE PERSON VOLUNTARILY REPORTED THE VIOLATION,  1,799        

AND THE EXTENT OF THE PERSON'S COOPERATION AND ACCEPTANCE OF       1,800        

RESPONSIBILITY;                                                    1,801        

      (8)  WHETHER THE PERSON OBSTRUCTED OR IMPEDED, OR ATTEMPTED  1,804        

TO OBSTRUCT OR IMPEDE, THE SUPERINTENDENT'S INVESTIGATION;         1,805        

      (9)  THE PERSON'S EFFORTS TO CONCEAL THE MISCONDUCT;         1,808        

      (10)  REMEDIAL EFFORTS TO PREVENT FUTURE VIOLATIONS;         1,811        

      (11)  IF THE PERSON WAS CONVICTED OF A CRIMINAL OFFENSE,     1,814        

THE NATURE OF THE OFFENSE, WHETHER THE CONVICTION WAS BASED ON     1,815        

ACTS OR OMISSIONS TAKEN UNDER ANY PROFESSIONAL LICENSE, WHETHER    1,816        

THE OFFENSE INVOLVED THE BREACH OF A FIDUCIARY DUTY, THE AMOUNT    1,817        

OF TIME THAT HAS PASSED, AND THE PERSON'S ACTIVITIES SUBSEQUENT    1,818        

TO THE CONVICTION;                                                              

      (12)  Such other factors as the superintendent determines    1,820        

to be appropriate under the circumstances.                         1,821        

      (F)(1)  A VIOLATION DESCRIBED IN DIVISION (B)(1), (2), (3),  1,824        

(5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (17),       1,825        

(18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29),  1,827        

(30), OR (31) OF THIS SECTION IS A CLASS A OFFENSE FOR WHICH THE   1,828        

SUPERINTENDENT MAY IMPOSE ANY PENALTY SET FORTH IN DIVISION (D)    1,830        

OF THIS SECTION.                                                                

      (2)  A VIOLATION DESCRIBED IN DIVISION (B)(4), (15), (16),   1,833        

OR (24) OF THIS SECTION IS A CLASS B OFFENSE FOR WHICH THE         1,835        

SUPERINTENDENT MAY IMPOSE ANY PENALTY SET FORTH IN DIVISION        1,837        

(D)(1), (2), (8), OR (9) OF THIS SECTION.                          1,838        

      (G)  IF A VIOLATION DESCRIBED IN THIS SECTION HAS CAUSED,    1,841        

                                                          39     

                                                                 
IS CAUSING, OR IS ABOUT TO CAUSE SUBSTANTIAL AND MATERIAL HARM,    1,842        

THE SUPERINTENDENT MAY ISSUE AN ORDER REQUIRING THAT PERSON TO     1,843        

CEASE AND DESIST FROM ENGAGING IN THE VIOLATION.  NOTICE OF THE    1,844        

ORDER SHALL BE MAILED BY CERTIFIED MAIL, RETURN RECEIPT            1,845        

REQUESTED, OR SERVED IN ANY OTHER MANNER PROVIDED FOR IN THIS      1,846        

SECTION, IMMEDIATELY AFTER ITS ISSUANCE TO THE PERSON SUBJECT TO   1,847        

THE ORDER AND TO ALL PERSONS KNOWN TO BE INVOLVED IN THE           1,848        

VIOLATION.  THE SUPERINTENDENT MAY THEREAFTER PUBLICIZE OR         1,849        

OTHERWISE MAKE KNOWN TO ALL INTERESTED PARTIES THAT THE ORDER HAS  1,850        

BEEN ISSUED.                                                                    

      THE NOTICE SHALL SPECIFY THE PARTICULAR ACT, OMISSION,       1,852        

PRACTICE, OR TRANSACTION THAT IS SUBJECT TO THE CEASE-AND-DESIST   1,853        

ORDER AND SHALL SET A DATE, NOT MORE THAN FIFTEEN DAYS AFTER THE   1,854        

DATE OF THE ORDER, FOR A HEARING ON THE CONTINUATION OR            1,855        

REVOCATION OF THE ORDER.  THE PERSON SHALL COMPLY WITH THE ORDER   1,856        

IMMEDIATELY UPON RECEIPT OF NOTICE OF THE ORDER.                   1,857        

      THE SUPERINTENDENT MAY, UPON THE APPLICATION OF A PARTY AND  1,860        

FOR GOOD CAUSE SHOWN, CONTINUE THE HEARING.  CHAPTER 119. OF THE   1,861        

REVISED CODE APPLIES TO SUCH HEARINGS TO THE EXTENT THAT THAT      1,864        

CHAPTER DOES NOT CONFLICT WITH THE PROCEDURES SET FORTH IN THIS    1,865        

SECTION.  THE SUPERINTENDENT SHALL, WITHIN FIFTEEN DAYS AFTER      1,866        

OBJECTIONS ARE SUBMITTED TO THE HEARING OFFICER'S REPORT AND       1,867        

RECOMMENDATION, ISSUE A FINAL ORDER EITHER CONFIRMING OR REVOKING  1,868        

THE CEASE-AND-DESIST ORDER.  THE FINAL ORDER MAY BE APPEALED AS    1,869        

PROVIDED UNDER SECTION 119.12 OF THE REVISED CODE.                 1,871        

      THE REMEDY UNDER THIS DIVISION IS CUMULATIVE AND CONCURRENT  1,874        

WITH THE OTHER REMEDIES AVAILABLE UNDER THIS SECTION.                           

      (H)  IF THE SUPERINTENDENT HAS REASONABLE CAUSE TO BELIEVE   1,877        

THAT AN ORDER ISSUED UNDER THIS SECTION HAS BEEN VIOLATED IN       1,878        

WHOLE OR IN PART, THE SUPERINTENDENT MAY REQUEST THE ATTORNEY      1,879        

GENERAL TO COMMENCE AND PROSECUTE ANY APPROPRIATE ACTION OR        1,880        

PROCEEDING IN THE NAME OF THE STATE AGAINST SUCH PERSON.           1,881        

      THE COURT MAY, IN AN ACTION BROUGHT PURSUANT TO THIS         1,883        

DIVISION, IMPOSE ANY OF THE FOLLOWING:                             1,884        

                                                          40     

                                                                 
      (1)  FOR EACH VIOLATION, A CIVIL PENALTY OF NOT MORE THAN    1,887        

TWENTY-FIVE THOUSAND DOLLARS;                                                   

      (2)  INJUNCTIVE RELIEF;                                      1,889        

      (3)  RESTITUTION;                                            1,891        

      (4)  ANY OTHER APPROPRIATE RELIEF.                           1,893        

      (I)  THIS SECTION APPLIES TO BOTH RESIDENT AND NONRESIDENT   1,896        

AGENTS WHO ARE LICENSED UNDER THIS CHAPTER.                        1,897        

      (J)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE    1,900        

OR IMPLY A PRIVATE CAUSE OF ACTION AGAINST AN AGENT, SOLICITOR,    1,901        

OR INSURER.                                                                     

      Sec. 3905.491.  (A)  UPON WRITTEN APPLICATION OF A PERSON    1,904        

WHOSE LICENSE WAS SUSPENDED, REVOKED, OR SURRENDERED FOR CAUSE     1,905        

UNDER SECTION 3905.49 OF THE REVISED CODE, THE SUPERINTENDENT OF   1,907        

INSURANCE SHALL HOLD A HEARING TO DETERMINE WHETHER THE            1,908        

ADMINISTRATIVE ACTION IMPOSING SUCH SUSPENSION, REVOCATION, OR     1,909        

SURRENDER SHOULD BE MODIFIED, PROVIDED THAT ALL OF THE FOLLOWING   1,910        

CONDITIONS ARE MET:                                                1,911        

      (1)  AT LEAST FIVE YEARS HAVE ELAPSED SINCE THE DATE OF THE  1,914        

ADMINISTRATIVE ACTION SOUGHT TO BE MODIFIED;                                    

      (2)  AT LEAST TWO YEARS HAVE ELAPSED SINCE ANY PREVIOUS      1,916        

REQUEST FOR A MODIFICATION WAS MADE UNDER THIS SECTION;            1,917        

      (3)  THE BURDEN OF PROOF IS ON THE PERSON REQUESTING THE     1,920        

MODIFICATION.                                                                   

      (B)  THE MODIFICATION OF AN ORDER ISSUED OR CONSENT          1,923        

AGREEMENT ENTERED INTO UNDER SECTION 3905.49 OF THE REVISED CODE   1,925        

IS AT THE DISCRETION OF THE SUPERINTENDENT.  THE SUPERINTENDENT    1,926        

MAY MODIFY SUCH AN ORDER OR AGREEMENT IF THE SUPERINTENDENT FINDS  1,927        

ALL OF THE FOLLOWING:                                              1,928        

      (1)  AT LEAST FIVE YEARS HAVE ELAPSED SINCE THE DATE OF THE  1,931        

ADMINISTRATIVE ACTION;                                                          

      (2)  THE PERSON IS OF GOOD BUSINESS REPUTE AND IS SUITABLE   1,934        

TO BE AN INSURANCE AGENT;                                                       

      (3)  THE PERSON HAS MADE RESTITUTION FOR ALL PECUNIARY       1,936        

LOSSES SUFFERED BY ANY PERSON AS A RESULT OF THE CONDUCT THAT      1,937        

                                                          41     

                                                                 
GAVE RISE TO THE ADMINISTRATIVE ACTION;                            1,938        

      (4)  THE PERSON HAS NOT BEEN CONVICTED OF ANY FELONY OR OF   1,941        

ANY MISDEMEANOR DESCRIBED IN DIVISION (B)(7) OF SECTION 3905.49    1,942        

OF THE REVISED CODE UNLESS THE CONVICTION WAS THE SUBJECT OF A     1,945        

PREVIOUS ADMINISTRATIVE ACTION BY THE SUPERINTENDENT;              1,946        

      (5)  THE CIRCUMSTANCES SURROUNDING THE PREVIOUS VIOLATION    1,949        

ARE SUCH THAT IT IS UNLIKELY THE PERSON WOULD COMMIT SUCH          1,950        

OFFENSES IN THE FUTURE;                                                         

      (6)  THE PERSON'S CHARACTER HAS BEEN REHABILITATED.          1,953        

      (C)  THE ISSUANCE OF ANY LICENSE PURSUANT TO A MODIFICATION  1,956        

UNDER THIS SECTION SHALL BE CONDITIONED UPON THE SUCCESSFUL        1,957        

COMPLETION OF ALL PRELICENSING EDUCATION AND EXAMINATION           1,958        

REQUIREMENTS.                                                                   

      Sec. 3905.492.  (A)(1)  ALL RECORDS AND OTHER INFORMATION    1,960        

OBTAINED BY THE SUPERINTENDENT OF INSURANCE OR THE                 1,961        

SUPERINTENDENT'S DEPUTIES, EXAMINERS, ASSISTANTS, OR OTHER         1,962        

EMPLOYEES, OR AGENTS RELATING TO AN INVESTIGATION OF AN APPLICANT  1,963        

FOR LICENSURE UNDER THIS CHAPTER, OR OF AN AGENT, SOLICITOR,       1,964        

BROKER, OR OTHER PERSON LICENSED UNDER THIS CHAPTER OR CHAPTER     1,965        

3951., 3957., OR 3959. OF THE REVISED CODE, ARE CONFIDENTIAL AND   1,966        

ARE NOT PUBLIC RECORDS AS DEFINED IN SECTION 149.43 OF THE                      

REVISED CODE UNTIL THE APPLICANT OR LICENSEE IS PROVIDED NOTICE    1,967        

AND OPPORTUNITY FOR HEARING PURSUANT TO CHAPTER 119. OF THE        1,968        

REVISED CODE WITH RESPECT TO SUCH RECORDS OR INFORMATION.  IF NO   1,969        

ADMINISTRATIVE ACTION IS INITIATED WITH RESPECT TO A PARTICULAR    1,970        

MATTER ABOUT WHICH THE SUPERINTENDENT OBTAINED RECORDS OR OTHER                 

INFORMATION AS PART OF AN INVESTIGATION, ALL SUCH RECORDS AND      1,971        

INFORMATION RELATING TO THAT MATTER SHALL REMAIN CONFIDENTIAL FOR  1,972        

THREE YEARS AFTER THE FILE ON THE MATTER IS CLOSED.                1,974        

      (2)  DIVISION (A)(1) OF THIS SECTION APPLIES ONLY TO         1,977        

INVESTIGATIONS THAT COULD RESULT IN ADMINISTRATIVE ACTION UNDER    1,979        

TITLE XVII OR XXXIX OR CHAPTER 119. OF THE REVISED CODE.           1,984        

      (B)  THE RECORDS AND OTHER INFORMATION DESCRIBED IN          1,987        

DIVISION (A) OF THIS SECTION SHALL REMAIN CONFIDENTIAL FOR ALL     1,988        

                                                          42     

                                                                 
PURPOSES EXCEPT WHEN IT IS APPROPRIATE FOR THE SUPERINTENDENT AND  1,989        

THE SUPERINTENDENT'S DEPUTIES, EXAMINERS, ASSISTANTS, OR OTHER     1,990        

EMPLOYEES, OR AGENTS TO TAKE OFFICIAL ACTION REGARDING THE         1,992        

AFFAIRS OF THE APPLICANT OR LICENSEE OR IN CONNECTION WITH ACTUAL  1,993        

OR POTENTIAL CRIMINAL PROCEEDINGS.                                 1,994        

      (C)  EMPLOYEES OR AGENTS OF THE DEPARTMENT OF INSURANCE      1,997        

SHALL NOT BE REQUIRED BY ANY COURT IN THIS STATE TO TESTIFY IN A   1,998        

CIVIL ACTION, IF SUCH TESTIMONY CONCERNS ANY MATTER RELATED TO     1,999        

RECORDS OR ANY OTHER INFORMATION CONSIDERED CONFIDENTIAL UNDER     2,000        

THIS SECTION OF WHICH THEY HAVE KNOWLEDGE.                         2,001        

      (D)  THIS SECTION DOES NOT APPLY TO ANY COMPLAINT OR ACTION  2,003        

UNDER SECTION 3905.04 OF THE REVISED CODE.                         2,004        

      Sec. 3905.54.  EACH AGENT LICENSED UNDER THIS CHAPTER SHALL  2,007        

NOTIFY THE SUPERINTENDENT OF INSURANCE IN WRITING OF ALL OF THE    2,008        

FOLLOWING, AS APPLICABLE:                                                       

      (A)  ANY CHANGE IN THE AGENT'S ADDRESS, WITHIN THIRTY DAYS   2,012        

AFTER THE CHANGE OCCURS.  FOR PURPOSES OF THIS DIVISION,                        

"ADDRESS" MEANS RESIDENTIAL ADDRESS, BUSINESS ADDRESS, AND ANY     2,014        

OTHER ADDRESS OR ADDRESSES THE SUPERINTENDENT REQUIRES BY RULE     2,015        

ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.       2,018        

      (B)  ANY FELONY CONVICTION, OR ANY MISDEMEANOR CONVICTION    2,021        

DESCRIBED IN DIVISION (B)(7) OF SECTION 3905.49 OF THE REVISED     2,024        

CODE, WITHIN THIRTY DAYS AFTER SENTENCING.  THE NOTICE SHALL       2,025        

INCLUDE THE NAME OF THE COURT HAVING JURISDICTION OVER THE         2,026        

MATTER, THE CASE NUMBER, THE OFFENSE CHARGED, THE SENTENCE         2,027        

IMPOSED, AND A COPY OF THE JUDGMENT ENTRY.                         2,028        

      (C)  ANY DISCIPLINARY ACTION TAKEN BY THE INSURANCE          2,031        

AUTHORITY OF ANOTHER STATE, WITHIN SIXTY DAYS AFTER THE ACTION IS  2,032        

TAKEN.                                                                          

      Sec. 3905.55.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF    2,035        

THIS SECTION, AN AGENT MAY CHARGE A CONSUMER A FEE IF ALL OF THE   2,036        

FOLLOWING CONDITIONS ARE MET:                                      2,037        

      (1)  THE FEE IS DISCLOSED TO THE CONSUMER IN A MANNER THAT   2,040        

SEPARATELY IDENTIFIES THE FEE AND THE PREMIUM.                                  

                                                          43     

                                                                 
      (2)  THE FEE IS NOT CALCULATED AS A PERCENTAGE OF THE        2,042        

PREMIUM.                                                           2,043        

      (3)  THE FEE IS NOT REFUNDED, FORGIVEN, WAIVED, OFFSET, OR   2,046        

REDUCED BY ANY COMMISSION EARNED OR RECEIVED FOR ANY POLICY OR     2,047        

COVERAGE SOLD.                                                                  

      (4)  THE AMOUNT OF THE FEE, AND THE CONSUMER'S OBLIGATION    2,050        

TO PAY THE FEE, ARE NOT CONDITIONED UPON THE OCCURRENCE OF A       2,051        

FUTURE EVENT OR CONDITION, SUCH AS THE PURCHASE, CANCELLATION,     2,052        

LAPSE, DECLINATION, OR NONRENEWAL OF INSURANCE.                    2,053        

      (5)  THE AGENT DISCLOSES TO THE CONSUMER THAT THE FEE IS     2,056        

BEING CHARGED BY THE AGENT AND NOT BY THE INSURANCE COMPANY, THAT  2,057        

NEITHER STATE LAW NOR THE INSURANCE COMPANY REQUIRES THE AGENT TO  2,058        

CHARGE THE FEE, AND THAT THE FEE IS NOT REFUNDABLE.                2,059        

      (6)  THE CONSUMER CONSENTS TO THE FEE.                       2,061        

      (7)  THE AGENT, IN CHARGING THE FEE, DOES NOT DISCRIMINATE   2,064        

ON THE BASIS OF RACE, SEX, NATIONAL ORIGIN, RELIGION, DISABILITY,  2,065        

HEALTH STATUS, AGE, MARITAL STATUS, OR GEOGRAPHIC LOCATION, AND    2,066        

DOES NOT UNFAIRLY DISCRIMINATE BETWEEN PERSONS OF ESSENTIALLY THE  2,067        

SAME CLASS AND OF ESSENTIALLY THE SAME HAZARD OR EXPECTATION OF    2,068        

LIFE.                                                                           

      (B)  A FEE MAY NOT BE CHARGED FOR TAKING OR SUBMITTING AN    2,071        

INITIAL APPLICATION FOR COVERAGE WITH ANY ONE INSURER OR           2,072        

DIFFERENT PROGRAMS WITH THE SAME INSURER, OR PROCESSING A CHANGE   2,073        

TO AN EXISTING POLICY, A CANCELLATION, A CLAIM, OR A RENEWAL, IN   2,074        

CONNECTION WITH ANY OF THE FOLLOWING PERSONAL LINES POLICIES:      2,075        

      (1)  PRIVATE PASSENGER AUTOMOBILE;                           2,077        

      (2)  HOMEOWNERS, INCLUDING COVERAGE FOR TENANTS OR           2,079        

CONDOMINIUM OWNERS, OWNER-OCCUPIED FIRE OR DWELLING PROPERTY       2,080        

COVERAGE, PERSONAL UMBRELLA LIABILITY, OR ANY OTHER PERSONAL       2,081        

LINES-RELATED COVERAGE WHETHER SOLD AS A SEPARATE POLICY OR AS AN  2,083        

ENDORSEMENT TO ANOTHER PERSONAL LINES POLICY;                                   

      (3)  INDIVIDUAL LIFE INSURANCE;                              2,085        

      (4)  INDIVIDUAL SICKNESS OR ACCIDENT INSURANCE;              2,087        

      (5)  DISABILITY INCOME POLICIES;                             2,089        

                                                          44     

                                                                 
      (6)  CREDIT INSURANCE PRODUCTS.                              2,092        

      (C)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,    2,095        

AN AGENT MAY CHARGE A FEE FOR AGENT SERVICES IN CONNECTION WITH A  2,096        

POLICY ISSUED ON A NO-COMMISSION BASIS, IF THE AGENT PROVIDES THE  2,097        

CONSUMER WITH PRIOR DISCLOSURE OF THE FEE AND OF THE SERVICES TO   2,098        

BE PROVIDED.                                                       2,099        

      (D)  IN THE EVENT OF A DISPUTE BETWEEN AN AGENT AND A        2,102        

CONSUMER REGARDING ANY DISCLOSURE REQUIRED BY THIS SECTION, THE    2,103        

AGENT HAS THE BURDEN OF PROVING THAT THE DISCLOSURE WAS MADE.      2,104        

      (E)(1)  NO PERSON SHALL FAIL TO COMPLY WITH THIS SECTION.    2,107        

      (2)  WHOEVER VIOLATES DIVISION (E)(1) OF THIS SECTION IS     2,110        

DEEMED TO HAVE ENGAGED IN AN UNFAIR AND DECEPTIVE ACT OR PRACTICE  2,112        

IN THE BUSINESS OF INSURANCE UNDER SECTIONS 3901.19 TO 3901.26 OF  2,113        

THE REVISED CODE.                                                  2,114        

      Sec. 3905.99.  (A)  Whoever violates sections 3905.181,      2,123        

3905.21, or 3905.23 of the Revised Code shall be fined not less    2,124        

than twenty-five nor more than five hundred dollars or imprisoned  2,125        

not more than six months, or both.                                              

      (B)  Whoever violates section 3905.31 or 3905.33 of the      2,127        

Revised Code shall be fined not less than twenty-five nor more     2,128        

than five hundred dollars or imprisoned not more than one year,    2,129        

or both.                                                                        

      (C)  Whoever violates section 3905.37 or 3905.43 of the      2,131        

Revised Code shall be fined not less than one hundred nor more     2,132        

than five hundred dollars.                                                      

      (D)  WHOEVER VIOLATES SECTION 3905.01 OF THE REVISED CODE    2,134        

IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.                    2,135        

      Sec. 3913.40.  (A)  Any insurer, INCLUDING ANY FRATERNAL     2,144        

BENEFIT SOCIETY, that is organized under the laws of another       2,146        

state and is admitted to transact the business of insurance in     2,147        

this state may become a domestic insurer by complying with all of  2,148        

the requirements of law relative to the organization and           2,149        

licensing of a domestic insurer of the same type and by            2,150        

designating its principal place of business at a place in this     2,151        

                                                          45     

                                                                 
state.  Such a domestic insurer shall be issued like certificates  2,152        

and licenses to transact business in this state, is subject to     2,153        

the jurisdiction of this state, and shall be recognized as an      2,154        

insurer formed under the laws of this state as of the date of its  2,155        

original incorporation in its original domiciliary state.  The     2,156        

superintendent of insurance shall approve any proposed transfer    2,157        

of domicile under this division unless the superintendent          2,158        

determines that the transfer is not in the interest of                          

policyholders of this state.                                       2,159        

      (B)  Any domestic insurer, upon the approval of the          2,161        

superintendent, may transfer its domicile to any other state in    2,162        

which it is admitted to transact the business of insurance.  Upon  2,163        

such a transfer, the insurer shall cease to be a domestic          2,164        

insurer, and shall be admitted to this state if qualified as a     2,165        

foreign insurer.  The superintendent shall approve any proposed    2,166        

transfer of domicile under this division unless the                2,167        

superintendent determines that the transfer is not in the          2,168        

interest of policyholders of this state.                           2,169        

      (C)(1)  With respect to any insurer, INCLUDING ANY           2,171        

FRATERNAL BENEFIT SOCIETY, that is licensed to transact the        2,173        

business of insurance in this state and that transfers its         2,174        

domicile to this or any other state by merger, consolidation, or   2,175        

any other lawful method, both of the following apply:              2,176        

      (a)  The certificate of authority, agents appointments and   2,178        

licenses, rates, and other items as allowed by the superintendent  2,179        

that are in existence at the time of the transfer shall continue   2,180        

in effect upon the transfer if the insurer remains qualified to    2,181        

transact the business of insurance in this state.                  2,182        

      (b)  All outstanding policies shall remain in effect and     2,184        

need not be endorsed as to the new name of the company or its new  2,185        

location unless so ordered by the superintendent.                  2,186        

      (2)  Every transferring insurer as described in division     2,188        

(C)(1) of this section shall file new policy forms with the        2,189        

superintendent on or before the effective date of the transfer,    2,190        

                                                          46     

                                                                 
but may use existing policy forms with appropriate endorsements    2,191        

if allowed by, and under such conditions as are approved by, the   2,192        

superintendent.  Every such insurer shall notify the               2,193        

superintendent of the details of the proposed transfer, and shall  2,194        

file promptly any resulting amendments to corporate documents      2,195        

filed or required to be filed with the superintendent.             2,196        

      (D)  NOTHING IN THIS SECTION OR ANY OTHER PROVISION OF THE   2,198        

REVISED CODE PROHIBITS AN INSURER FROM TRANSFERRING ITS DOMICILE   2,199        

TO THIS STATE BECAUSE ITS CHARTER, BYLAWS, OR ANY OTHER            2,200        

ORGANIZATIONAL DOCUMENT CONTAINS CHARACTERISTICS OF BOTH A MUTUAL  2,201        

INSURANCE COMPANY AND A STOCK INSURANCE COMPANY.                                

      (E)  The superintendent, in accordance with Chapter 119. of  2,203        

the Revised Code, may adopt rules to carry out the purposes of     2,204        

this section.                                                      2,205        

      Sec. 3921.33.  (A)  Agents of fraternal benefit societies    2,214        

shall be licensed in the manner provided for agents of insurance   2,215        

companies in Chapter 3905. of the Revised Code, and shall be       2,217        

required to complete the continuing education instruction AS set   2,218        

forth in section 3905.481 of the Revised Code starting with the    2,220        

twenty-four-month period commencing on the first day of January    2,221        

of 1999.  However, no written or other examination shall be                     

required of any person whose application for the original          2,224        

issuance of a license to represent a fraternal benefit society as  2,226        

its agent was filed with the superintendent of insurance prior to  2,227        

January 1, 1997.                                                                

      (B)  The following persons shall not be required to be       2,230        

licensed in accordance with division (A) of this section:          2,231        

      (1)  Any regularly salaried officer, employee, or member of  2,233        

a licensed society who devotes substantially all of the person's   2,234        

services to activities other than the solicitation of fraternal    2,235        

insurance contracts from the public, and who receives for the      2,236        

solicitation of any such contracts no commission or other          2,237        

compensation directly dependent upon the amount of business                     

obtained.                                                                       

                                                          47     

                                                                 
      The officers, employees, and members described in division   2,239        

(B)(1) of this section also are not subject to examination by the  2,240        

superintendent under Chapter 3905. of the Revised Code.            2,241        

      (2)  Any agent or representative of a society who devotes,   2,243        

or intends to devote, less than fifty per cent of the person's     2,244        

time to the solicitation and procurement of insurance contracts    2,245        

for the society.  For purposes of division (B)(2) of this          2,246        

section, any person who, in the preceding calendar year, has       2,247        

received a commission or other compensation for soliciting and     2,248        

procuring any of the following contracts on behalf of an                        

individual society is presumed to have devoted, or to have         2,250        

intended to devote, fifty per cent of the person's time to the     2,251        

solicitation and procurement of insurance contracts:               2,252        

      (a)  Life insurance contracts that, in the aggregate,        2,254        

exceeded two hundred thousand dollars of coverage for all lives    2,255        

insured for the preceding calendar year;                           2,256        

      (b)  A permanent life insurance contract offering more than  2,259        

ten thousand dollars of coverage on an individual life;                         

      (c)  A term life insurance contract offering more than       2,261        

fifty thousand dollars of coverage on an individual life;          2,262        

      (d)  Any insurance contracts other than life that the        2,264        

society may write and that insure the individual lives of more     2,265        

than twenty-five individuals;                                      2,266        

      (e)  Any contract issued on a variable basis, as authorized  2,268        

by division (C) of section 3921.22 of the Revised Code.            2,269        

      Sec. 3923.121.  (A)  As used in this section:                2,278        

      (1)  "Association" means a voluntary unincorporated          2,280        

association of insurers formed for the sole purpose of enabling    2,281        

cooperative action to provide sickness and accident insurance in   2,282        

accordance with this section.                                      2,283        

      (2)  "Insurer" means any insurance company authorized to do  2,285        

the business of sickness and accident insurance in this state.     2,286        

      (3)  "Insured" means a person covered under a group policy   2,288        

issued pursuant to this section.                                   2,289        

                                                          48     

                                                                 
      (B)  Any insurer may join with one or more other insurers,   2,291        

in an association, to offer, sell, and issue to a policyholder     2,292        

selected by the association a policy of group insurance against    2,293        

major financial loss from sickness and accident covering           2,294        

residents of this state who are sixty-five years of age or older   2,295        

and the spouses of such residents.  The insurance shall be         2,296        

offered, issued, and administered in the name of the association.  2,297        

Membership in the association shall be open to any insurer and     2,298        

each insurer which participates shall be liable for a specified    2,299        

percentage of the risks.  The policy may be executed on behalf of  2,300        

the association by a duly authorized person and need not be        2,301        

countersigned by an agent.                                         2,302        

      (C)  The persons eligible for coverage under the policy      2,304        

shall be all residents of this state who are sixty-five years of   2,305        

age or older and their spouses, subject to reasonable              2,306        

underwriting restrictions to be set forth in the plan of the       2,307        

association.  The policy may provide basic hospital and surgical   2,308        

coverage, basic medical coverage, major medical coverage, and any  2,309        

combination of these; provided that it shall not be required as a  2,310        

condition for obtaining major medical coverage that any basic      2,311        

coverage be taken.                                                 2,312        

      (D)  The association shall file with the superintendent of   2,314        

insurance any policy, contract, certificate, or other evidence of  2,315        

insurance, application, or other forms pertaining to such          2,316        

insurance together with the premium rates to be charged therefor.  2,317        

The superintendent may approve, disapprove, and withdraw approval  2,318        

of the forms in accordance with section 3923.02 of the Revised     2,319        

Code, or the premium rates if by reasonable assumptions such       2,320        

rates are excessive in relation to the benefits provided.  In      2,321        

determining whether such rates by reasonable assumptions are       2,322        

excessive in relation to the benefits provided the superintendent  2,323        

shall give due consideration to past and prospective claim         2,324        

experience, within and outside this state, and to fluctuations in  2,325        

such claim experience, to a reasonable risk charge, to             2,326        

                                                          49     

                                                                 
contribution to surplus and contingency funds, to past and         2,327        

prospective expenses, both within and outside this state, and to   2,328        

all other relevant factors within and outside this state,          2,329        

including any differing operating methods of the insurers joining  2,330        

in the issuance of the policy.  In reviewing the forms the         2,331        

superintendent shall not be bound by the requirements of sections  2,332        

3923.04 to 3923.07 of the Revised Code with respect to standard    2,334        

provisions to be included in sickness and accident policies or     2,335        

forms.                                                                          

      (E)  The association may enroll eligible persons for         2,337        

coverage under the policy through any insurance agent licensed to  2,338        

sell sickness and accident insurance pursuant to section 3905.01   2,339        

3905.02, 3905.08, 3905.18, or 3941.02 of the Revised Code.         2,341        

      (F)  The association shall file annually with the            2,343        

superintendent on such date and in such form as the                2,344        

superintendent may prescribe, a financial summary of its           2,345        

operations.                                                                     

      (G)  The association may sue and be sued in its associate    2,347        

name and for such purposes only shall be treated as a domestic     2,348        

corporation.  Service of process against such THE association      2,349        

made upon a managing agent, any member thereof, or any agent       2,351        

authorized by appointment to receive service of process, shall     2,352        

have the same force and effect as if such THE service had been     2,353        

made upon all members of the association.                          2,355        

      (H)  Under any policy issued as provided in this section,    2,357        

the policyholder, or such person as the policyholder shall         2,358        

designate, shall alone be a member of each domestic mutual         2,359        

insurance company joining in the issue of the policy and shall be  2,360        

entitled to one vote by virtue of such policy at the meetings of   2,361        

each such mutual insurance company.  Notice of the annual          2,362        

meetings of each such mutual insurance company may be given by     2,363        

written notice to the policyholder or as otherwise prescribed in   2,364        

said THE policy.                                                   2,365        

      Sec. 3931.101.  The provisions of sections 3905.01 to        2,374        

                                                          50     

                                                                 
3905.05, inclusive, 3905.04 of the Revised Code, relating to the   2,376        

appointment, licensing, qualification and regulation of insurance  2,377        

agents, brokers and solicitors shall apply to all persons          2,378        

authorized to solicit powers of attorney or applications for                    

contracts of indemnity for any reciprocal exchange, insurance      2,379        

exchange or attorney in fact as provided for in Chapter 3931,. of  2,380        

the Revised Code, except a traveling full time salaried            2,382        

non-commission employee of an attorney whose duties as such                     

employee are primarily the performance of inspection               2,383        

underwriting, loss prevention engineering and claim services       2,384        

shall be exempt from this section and shall be regulated solely    2,385        

by section 3931.11 of the Revised Code.                                         

      Sec. 3931.11.  Every attorney shall certify to the           2,394        

superintendent of insurance the names and addresses of the         2,395        

attorney's traveling full time salaried non-commission employees,  2,396        

primarily engaged in performing underwriting, loss prevention      2,397        

engineering and claim services, authorized by the attorney to      2,398        

solicit powers of attorney or applications for contracts of        2,399        

indemnity specified in section 3931.01 of the Revised Code.  The   2,400        

authority of such persons shall continue until the first day of    2,401        

the next April, unless it is cancelled by the attorney and the     2,402        

certificate of such cancellation is filed with the                 2,403        

superintendent, or unless the license of the attorney or           2,404        

authority of such person is revoked or suspended by the            2,405        

superintendent.  Expiring certificates of authority of such        2,406        

persons may be renewed in like manner to continue until the first  2,407        

day of the next April.  The superintendent shall record the names  2,408        

and addresses of such persons so that their names may              2,409        

conveniently be inspected and shall thereupon certify and deliver  2,410        

to the attorney a list of the names of all persons so recorded.    2,411        

      If the superintendent finds that any such person has         2,413        

wilfully WILLFULLY violated, or failed to comply with, sections    2,414        

3931.01 to 3931.12, inclusive, of the Revised Code, or has been    2,416        

convicted of a felony in the United States, or in this or any      2,417        

                                                          51     

                                                                 
state, or has been guilty of any act or acts which if performed    2,418        

by an agent licensed under section 3905.01 3905.02 of the Revised  2,419        

Code would constitute statutory grounds for the revocation of      2,421        

such agent's license, the superintendent may refuse or revoke the  2,422        

authority of such THE person and cancel the person's name on the   2,424        

superintendent's records, and the superintendent shall thereupon   2,426        

notify such THE person and the attorney of such THE revocation.    2,427        

Thereafter such THE person shall not act as representative of any  2,428        

attorney until a new certificate of authority by the attorney      2,429        

thereafter appointing such THE person is filed with and approved   2,430        

by the superintendent.                                             2,431        

      No such person shall act for any attorney in placing         2,433        

insurance or making such contracts of indemnity, unless the        2,434        

attorney has the license required by section 3931.10 of the        2,435        

Revised Code, nor unless the unexpired, unrevoked, and             2,436        

unsuspended certificate of such person's authority is filed with   2,437        

the superintendent.  Any such person shall be individually liable  2,438        

on any contract of indemnity made, issued, or accepted through     2,439        

that person as representing any attorney who is not licensed by    2,441        

the superintendent to make such contracts of indemnity.                         

      Sec. 3941.02.  (A)  A domestic mutual company may be         2,450        

organized by not less than twenty persons, to carry on the         2,451        

business of mutual insurance and to reinsure and to accept         2,452        

reinsurance as authorized by law and its articles of               2,453        

incorporation.  Such persons shall execute articles of             2,454        

incorporation which, if not inconsistent with the constitution     2,455        

and laws of this state and of the United States, shall be          2,456        

approved by the attorney general and the secretary of state.  The  2,457        

articles and the certificate of approval by the attorney general   2,458        

shall be recorded by the secretary of state who shall deposit a    2,459        

copy thereof with the superintendent of insurance.                 2,460        

      (B)  If the articles of incorporation of a domestic,         2,462        

foreign, or alien, mutual or stock insurance company empower it,   2,463        

or if the power of attorney or subscribers' agreement empowers     2,464        

                                                          52     

                                                                 
the attorney in fact of a reciprocal or interinsurance exchange,   2,465        

to transact any of the kinds of insurance described in division    2,466        

(A) of section 3929.01 of the Revised Code, such company or        2,467        

attorney may apply to the superintendent for the appropriate       2,468        

license or certificate of authority, as provided in section        2,469        

3925.11, 3927.01, 3931.10, or 3941.06 of the Revised Code, which   2,470        

application shall state which of the kinds of insurance it         2,471        

proposes to transact, and the superintendent shall act thereon in  2,472        

the manner prescribed by that section.                             2,473        

      (C)  An Ohio agent shall be licensed, upon written notice    2,476        

of appointment by a domestic, foreign, or alien, mutual or stock   2,477        

insurance company, to procure, receive, or forward application     2,478        

for the kinds of insurance the company is authorized to transact   2,479        

in this state if the agent is then licensed to write all of the    2,480        

kinds of insurance described in division (A) of section 3929.01    2,481        

of the Revised Code, either for the company or for any other       2,482        

company or companies authorized to transact insurance business in  2,483        

this state.  An Ohio agent not so licensed shall not procure,      2,484        

receive, or forward applications for any kind of insurance for     2,485        

the company until qualified and licensed to procure, receive, or   2,486        

forward applications for all of the kinds of insurance described   2,487        

in division (A) of section 3929.01 of the Revised Code, in         2,488        

accordance with the applicable provisions of Chapter 3905. of the  2,489        

Revised Code and in accordance with such rules as the              2,490        

superintendent may adopt in connection therewith; provided any     2,491        

company, irrespective of the kinds of insurance it is authorized   2,492        

to transact, may apply for and obtain the renewal of licenses of   2,493        

its agents who were licensed on or before July 1, 1945, to         2,494        

procure, receive, or forward applications for any of the kinds of  2,495        

insurance described in division (A) of section 3929.01 of the      2,496        

Revised Code, and such agents shall not be required to be          2,497        

licensed for all the kinds of insurance transacted by the company  2,498        

making the applications for such renewals.  Nothing in this        2,499        

section shall be construed to authorize an agent whose license is  2,500        

                                                          53     

                                                                 
renewed under these provisions to procure, receive, or forward     2,501        

applications for any kind or kinds of insurance other than the     2,502        

kind or kinds for which the agent was authorized to procure,       2,503        

receive, or forward applications on July 1, 1945; provided, the    2,505        

procuring, receiving, or forwarding of applications by such an     2,506        

agent for any kind or kinds of insurance other than the kind or    2,507        

kinds the agent was authorized to procure, receive, or forward,    2,509        

as of July 1, 1945, is cause for revocation of the license of the  2,510        

agent by the superintendent and the acceptance by any insurance    2,511        

company licensed to do business in this state of an application    2,512        

for any kind of insurance other than the kind or kinds that the    2,513        

agent was authorized to procure, receive, or forward, as of July   2,514        

1, 1945, is cause for revocation of the license of the company by  2,515        

the superintendent.  Nothing in this section shall be construed    2,516        

to alter the provisions of sections 2301.373, 3905.05, 3931.101,   2,517        

and 3931.11 of the Revised Code.                                   2,518        

      Sec. 3953.21.  (A)  Every title insurance company            2,527        

authorized to transact business within this state shall certify    2,528        

annually to the superintendent of insurance the names of all       2,529        

title insurance agents representing it in this state in            2,530        

accordance with section 3905.01 3905.02 of the Revised Code.       2,531        

      (B)  No bank, trust company, bank and trust company, or      2,533        

other lending institution, mortgage service, brokerage, mortgage   2,534        

guaranty company, escrow company, real estate company or any       2,535        

subsidiaries thereof or any individuals so engaged shall be        2,536        

permitted to act as an agent for a title insurance company.                     

      Sec. 3953.23.  (A)  Every title insurance agent shall keep   2,545        

his books of account and record and vouchers pertaining to the     2,547        

business of title insurance in such manner that the title          2,548        

insurance company may readily ascertain from time to time whether  2,549        

the agent has complied with this chapter.                                       

      (B)  A title insurance agent may engage in the business of   2,551        

handling escrows of real property transactions directly connected  2,552        

with the business of title insurance, provided that the agent      2,553        

                                                          54     

                                                                 
shall maintain a separate record of all receipts and               2,554        

disbursements of escrow funds and shall not commingle any such                  

funds with agent's own funds or with funds held by agent in any    2,555        

other capacity; and if at any time the superintendent of           2,556        

insurance determines that an agent has failed to comply with any   2,557        

of the provisions of this section, the superintendent may revoke   2,558        

the license of said THE agent pursuant to section 3905.01 3905.02  2,560        

of the Revised Code, subject to review as provided for in          2,561        

sections 119.01 to 119.13, inclusive, CHAPTER 119. of the Revised  2,563        

Code.  All agents shall be covered by a fidelity bond in an        2,565        

amount and with a company satisfactory to the principal.           2,566        

      Sec. 3960.11.  (A)  No person shall act or aid in any        2,575        

manner in soliciting, negotiating, or procuring liability          2,576        

insurance in this state from a risk retention group unless the     2,577        

person is licensed as an insurance agent or broker in accordance   2,578        

with section 3905.01, 3905.03, 3905.02 or 3905.30 of the Revised   2,580        

Code.                                                                           

      (B)  No person shall act or aid in any manner in             2,582        

soliciting, negotiating, or procuring liability insurance in this  2,583        

state for a purchasing group from an authorized insurer or a risk  2,584        

retention group chartered in a state unless the person is          2,585        

licensed as an insurance agent or broker in accordance with        2,586        

section 3905.01, 3905.03, 3905.02 or 3905.30 of the Revised Code.  2,588        

      (C)  No person shall act or aid in any manner in             2,590        

soliciting, negotiating, or procuring liability insurance          2,591        

coverage in this state for any member of a purchasing group under  2,592        

a purchasing group's policy unless the person is licensed as an    2,593        

insurance agent or broker in accordance with section 3905.01,      2,594        

3905.03, 3905.02 or 3905.30 of the Revised Code.                   2,595        

      (D)  No person shall act or aid in any manner in             2,597        

soliciting, negotiating, or procuring liability insurance from an  2,598        

insurer not authorized to do business in this state on behalf of   2,599        

a purchasing group located in this state unless the person is      2,600        

licensed as an insurance agent or A surplus lines LINE broker in   2,602        

                                                          55     

                                                                 
accordance with section 3905.01, 3905.03, or 3905.30 of the        2,604        

Revised Code.                                                      2,605        

      Sec. 4745.01.  (A)  "Standard renewal procedure," as used    2,614        

in Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923.,  2,615        

927., 942., 943., 953., 1321., 3710., 3713., 3715., 3719., 3731.,  2,616        

3742., 3748., 3769., 3783., 3905., 3921., 3951., 4104., 4105.,     2,617        

4143., 4169., 4561., 4701., 4703., 4707., 4709., 4713., 4715.,     2,618        

4717., 4723., 4725., 4727., 4728., 4729., 4731., 4733., 4734.,     2,619        

4735., 4739., 4741., 4747., 4749., 4753., 4755., 4757., 4759.,     2,620        

4761., 4766., 4773., and 4775. of the Revised Code, means the      2,621        

license renewal procedures specified in this chapter.              2,622        

      (B)  "Licensing agency," as used in this chapter, means any  2,624        

department, division, board, section of a board, or other state    2,625        

governmental unit subject to the standard renewal procedure, as    2,626        

defined in this section, and authorized by the Revised Code to     2,627        

issue a license to engage in a specific profession, occupation,    2,628        

or occupational activity, or to have charge of and operate         2,629        

certain specified equipment, machinery, or premises.               2,630        

      (C)  "License," as used in this chapter, means a license,    2,632        

certificate, permit, card, or other authority issued or conferred  2,633        

by a licensing agency by authority of which the licensee has or    2,634        

claims the privilege to engage in the profession, occupation, or   2,635        

occupational activity, or to have control of and operate certain   2,636        

specific equipment, machinery, or premises, over which the         2,637        

licensing agency has jurisdiction.                                 2,638        

      (D)  "Licensee," as used in this chapter, means either the   2,640        

person to whom the license is issued or renewed by a licensing     2,641        

agency, or the person, partnership, or corporation at whose        2,642        

request the license is issued or renewed.                          2,643        

      (E)  "Renewal" and "renewed," as used in this chapter and    2,645        

in the chapters of the Revised Code specified in division (A) of   2,646        

this section, includes the continuing licensing procedure          2,647        

provided in Chapter 3748. of the Revised Code and rules adopted    2,649        

under it and in sections 1321.05, 3905.01, 3905.02, 3905.07,       2,650        

                                                          56     

                                                                 
3905.18, and 3921.33 of the Revised Code, and as applied to those  2,651        

continuing licenses any reference in this chapter to the date of   2,653        

expiration of any license shall be construed to mean the due date  2,654        

of the annual or other fee for the continuing license.             2,655        

      Section 2.  That existing sections 1751.38, 3901.021,        2,657        

3905.02, 3905.06, 3905.07, 3905.08, 3905.18, 3905.20, 3905.27,     2,659        

3905.30, 3905.40, 3905.48, 3905.481, 3905.482, 3905.49, 3905.99,   2,660        

3913.40, 3921.33, 3923.121, 3931.101, 3931.11, 3941.02, 3953.21,   2,661        

3953.23, 3960.11, and 4745.01 and sections 3905.01, 3905.011,      2,662        

3905.03, and 3905.05 of the Revised Code are hereby repealed.      2,663        

      Section 3.  Sections 1 and 2 of this act, except for         2,665        

sections 3905.011, 3905.012, 3905.02, 3905.03, 3905.18, and        2,666        

3905.20 of the Revised Code, shall take effect at the earliest     2,667        

time permitted by law.  Sections 3905.011, 3905.012, 3905.02,      2,668        

3905.03, 3905.18, and 3905.20 of the Revised Code, as amended,     2,669        

enacted, or repealed by this act, shall take effect July 1, 1998.               

      Section 4.  It is the intent of the General Assembly that    2,671        

the Superintendent of Insurance take any action necessary to       2,672        

administer the Insurance Agents Law, as amended by this act, and   2,673        

to provide for an orderly transition for those persons licensed    2,674        

or appointed under that Law as it existed prior to the effective   2,675        

date of this act.                                                  2,676        

      Section 5.  The Department of Insurance shall, no later      2,678        

than July 1, 1999, issue a new license to each person who, on      2,679        

July 1, 1998, holds a license as an agent.  Any license            2,680        

application that is pending on July 1, 1998, or that is received   2,681        

by the Department on or after that date, shall be reviewed in                   

accordance with this act.                                          2,682        

      Section 6.  If Am. Sub. H.B. 248 is enacted by the 122nd     2,684        

General Assembly, sections 3905.49 and 3905.491 of the Revised     2,685        

Code, as the sections result from this act, supersede the same     2,686        

sections as they result from Am. Sub. H.B. 248.                                 

      Section 7.  Section 3941.02 of the Revised Code is           2,688        

presented in this act as a composite of the section as amended by  2,689        

                                                          57     

                                                                 
both Sub. H.B. 167 and Am. Sub. S.B. 259 of the 121st General      2,690        

Assembly, with the new language of neither of the acts shown in    2,692        

capital letters.  This is in recognition of the principle stated   2,693        

in division (B) of section 1.52 of the Revised Code that such      2,694        

amendments are to be harmonized where not substantively            2,695        

irreconcilable and constitutes a legislative finding that such is  2,696        

the resulting version in effect prior to the effective date of     2,697        

this act.