As Passed by the House                        1            

122nd General Assembly                                             4            

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

      1997-1998                                                    6            


          SENATORS NEIN-GILLMOR-SUHADOLNIK-RAY-GARDNER-            8            

   REPRESENTATIVES STAPLETON-VAN VYVEN-JOLIVETTE-HOUSEHOLDER-      9            

                  OLMAN-GARCIA-WILLAMOWSKI-PERZ                    10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 1751.38, 3901.021, 3905.02,         14           

                3905.06, 3905.07, 3905.08, 3905.18, 3905.20,       15           

                3905.27, 3905.30, 3905.40, 3905.48, 3905.481,      16           

                3905.482, 3905.49, 3905.99, 3913.40,  3921.33,     17           

                3923.121, 3931.101, 3931.11, 3941.02, 3953.21,     19           

                3953.23, 3960.11, and 4745.01; to amend,  for the  20           

                purpose of adopting a new section number as        22           

                indicated in parentheses, section 3905.02          23           

                (3905.03); to enact new sections  3905.01,         24           

                3905.011, and 3905.02 and sections 3905.012,       25           

                3905.013, 3905.491, 3905.492, 3905.54, and         26           

                3905.55; and to repeal sections  3905.01,          27           

                3905.011, 3905.03, and 3905.05 of the Revised      28           

                Code to revise the Insurance Agents Law; to        29           

                specify that a fraternal benefit society           31           

                organized under the laws of another state and      32           

                admitted to transact business  in Ohio may become  33           

                a domestic insurer; to provide that an insurer is  35           

                not prohibited from transferring  its domicile     36           

                to Ohio because its charter or bylaws contain      38           

                characteristics of both a mutual  and  stock       40           

                insurance company; and, if Am. Sub. H.B. 248 of    41           

                the 122nd General Assembly is enacted, to          42           

                supersede sections  3905.49 and 3905.491  of the   44           

                Revised Code as they result from that act.         45           

                                                          2      

                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        47           

      Section 1.  That sections 1751.38, 3901.021, 3905.02,        49           

3905.06, 3905.07, 3905.08, 3905.18, 3905.20, 3905.27, 3905.30,     50           

3905.40, 3905.48, 3905.481, 3905.482, 3905.49, 3905.99, 3913.40,   51           

3921.33, 3923.121, 3931.101, 3931.11, 3941.02, 3953.21, 3953.23,   54           

3960.11, and 4745.01 be amended; section 3905.02 (3905.03) be      55           

amended for the purpose of adopting a new section number as        56           

indicated in parentheses; and new sections 3905.01, 3905.011, and  57           

3905.02 and sections 3905.012, 3905.013, 3905.491, 3905.492,       58           

3905.54, and 3905.55 of the Revised Code be enacted to read as     59           

follows:                                                                        

      Sec. 1751.38.  (A)  As used in this section, "agent" means   69           

a person appointed by a health insuring corporation to engage in   70           

the solicitation or enrollment of subscribers or enrollees.        71           

      (B)  Agents of health insuring corporations shall be         74           

licensed pursuant to section 3905.01 3905.02 or 3905.18 of the     75           

Revised Code.                                                      77           

      (C)  Sections 3905.01, 3905.03, 3905.05 3905.02, 3905.16 to  80           

3905.18, 3905.181, 3905.19, 3905.23, 3905.40, 3905.41, 3905.42,    81           

3905.46 to 3905.48, 3905.481, 3905.482, 3905.486, 3905.49,         82           

3905.491, 3905.492, 3905.50, 3905.71 to 3905.79, and 3905.99 of    84           

the Revised Code shall apply to health insuring corporations and   85           

the agents of health insuring corporations in the same manner in   86           

which these sections apply to insurers and agents of insurers.     87           

      Sec. 3901.021.  Two-thirds THREE-FOURTHS of all APPOINTMENT  96           

AND OTHER fees collected under section 3905.01, division (E) of    98           

section SECTIONS 3905.02, 3905.03, 3905.07, AND 3905.18, and       99           

division (A)(6) of section 3905.26 of the Revised Code shall be    102          

paid into the state treasury to the credit of the department of    103          

insurance operating fund, which is hereby created.  The remaining  104          

one-third ONE-FOURTH shall be credited to the general revenue      106          

fund.  If the superintendent of insurance is authorized by the     107          

controlling board to increase the fees pursuant to section         108          

3905.011 of the Revised Code, the board may also direct that an    110          

                                                          3      

                                                                 
amount equal to the increase, up to three-fourths of all fees      111          

collected after the increase pursuant to section 3905.011 of the   112          

Revised Code, shall be credited to the department of insurance     114          

operating fund, with the remaining portion to be credited to the   115          

general revenue fund.  All operating expenses of the department    116          

of insurance except those expenses defined under section 3901.07   117          

of the Revised Code shall be paid from the department of           118          

insurance operating fund.                                                       

      Sec. 3905.01.  (A)  NO PERSON SHALL PROCURE AN APPLICATION   121          

OR QUOTE PREMIUMS FOR, DISCUSS COVERAGES OF, OR SOLICIT,           122          

NEGOTIATE, EFFECT, PROCURE, PLACE, WRITE, DELIVER, RENEW, OR       123          

BIND, A POLICY OF INSURANCE THROUGH ANY MEDIUM FOR RISKS           124          

RESIDING, LOCATED, OR TO BE PERFORMED IN THIS STATE, UNLESS THE    125          

PERSON IS LICENSED BY THE SUPERINTENDENT OF INSURANCE IN           126          

ACCORDANCE WITH THIS CHAPTER.                                      127          

      (B)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY OF   131          

THE FOLLOWING PERSONS:                                                          

      (1)  AN INSURER AS DEFINED IN SECTION 3901.32 OF THE         133          

REVISED CODE;                                                                   

      (2)  ANY PERSON WHO FURNISHES INFORMATION REGARDING GROUP    135          

INSURANCE, ENROLLS INDIVIDUALS IN GROUP INSURANCE PLANS, ISSUES    136          

CERTIFICATES UNDER SUCH PLANS, OR OTHERWISE ASSISTS IN             137          

ADMINISTERING SUCH PLANS, IF NO COMMISSION OR OTHER FORM OF        138          

COMPENSATION RELATED TO PREMIUM OR SALES VOLUME IS PAID FOR SUCH   139          

SERVICES;                                                          140          

      (3)  ANY EMPLOYEE OF A CREDITOR WITH RESPECT TO INSURANCE    142          

PRODUCTS MADE AVAILABLE ONLY IN CONNECTION WITH A CREDIT           144          

TRANSACTION, INCLUDING CREDIT LIFE INSURANCE, CREDIT DISABILITY    145          

OR ACCIDENT AND HEALTH INSURANCE, CREDIT PROPERTY INSURANCE,                    

MORTGAGE LIFE INSURANCE, MORTGAGE ACCIDENT AND HEALTH INSURANCE,   146          

INVOLUNTARY UNEMPLOYMENT INSURANCE, INDIVIDUAL LIFE INSURANCE,     147          

AND INDIVIDUAL DISABILITY OR ACCIDENT AND HEALTH INSURANCE, IF     148          

THE ENTIRE PREMIUM IS FINANCED AS PART OF THE CREDIT TRANSACTION   149          

AND THE FOLLOWING CONDITIONS ARE MET:                                           

                                                          4      

                                                                 
      (a)  IF THE INSURANCE PRODUCT IS AN INDIVIDUAL LIFE          151          

INSURANCE POLICY, A LICENSED AGENT IS RESPONSIBLE FOR THE          152          

INSURANCE TRANSACTION.                                                          

      (b)  IF THE EMPLOYEE OF THE CREDITOR IS PAID BY THE          154          

INSURANCE AGENT OR BY THE INSURANCE COMPANY, THE EMPLOYEE HOLDS A  155          

LIMITED AUTHORITY LICENSE.                                         156          

      FOR PURPOSES OF DIVISION (B)(3) OF THIS SECTION, "CREDIT     158          

PROPERTY INSURANCE" MEANS INSURANCE COVERING RISKS OF LOSS,        159          

DAMAGE, AND DESTRUCTION OF PROPERTY USED AS SECURITY FOR A CREDIT  160          

TRANSACTION, WHICH INSURANCE MAY ALSO COVER OTHER PROPERTY THAT    162          

IS MERELY INCIDENTAL TO THE PROPERTY USED AS SECURITY FOR THE      164          

CREDIT TRANSACTION.                                                             

      (4)  ANY EMPLOYER, OR OFFICER OR EMPLOYEE OF AN EMPLOYER,    167          

TO THE EXTENT THAT THE EMPLOYER, OFFICER, OR EMPLOYEE IS ENGAGED   168          

IN THE ADMINISTRATION OR OPERATION OF ANY EMPLOYEE BENEFITS        169          

PROGRAM INVOLVING THE USE OF INSURANCE FOR THE EMPLOYER'S          170          

EMPLOYEES OR THE EMPLOYEES OF A SUBSIDIARY OR AFFILIATE OF THE     171          

EMPLOYER, PROVIDED THAT THE EMPLOYER, OFFICER, OR EMPLOYEE IS NOT  173          

COMPENSATED, EITHER DIRECTLY OR INDIRECTLY, IN ANY MANNER BY AN    174          

INSURANCE AGENT OR BY THE INSURANCE COMPANY ISSUING THE                         

INSURANCE;                                                         175          

      (5)  AN ADJUSTER EMPLOYED BY OR REPRESENTING AN INSURER IN   178          

THE ADJUSTMENT OF CLAIMS OR A PUBLIC INSURANCE ADJUSTER HOLDING A  179          

CERTIFICATE OF AUTHORITY ISSUED UNDER CHAPTER 3951. OF THE         181          

REVISED CODE WHEN PERFORMING THE DUTIES OF A PUBLIC INSURANCE      183          

ADJUSTER.                                                                       

      (C)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY OF   187          

THE FOLLOWING ACTIVITIES WHEN PERFORMED BY AN EMPLOYEE OF, AND AT  188          

THE DIRECTION OF, AN INSURER OR LICENSED INSURANCE AGENT:          189          

      (1)  THE ACCEPTANCE OF PREMIUMS OTHER THAN THE INITIAL       191          

PREMIUM;                                                           192          

      (2)  THE GATHERING OF INFORMATION, SUCH AS NAMES,            194          

ADDRESSES, EXPIRATION DATES OF CURRENT INSURANCE, AND NAMES OF     195          

CURRENT INSURERS;                                                  196          

                                                          5      

                                                                 
      (3)  THE SETTING OF APPOINTMENTS FOR INSURANCE AGENTS,       198          

PROVIDED THAT THE PERSON SETTING THE APPOINTMENT DOES NOT          199          

COMMUNICATE ANY INFORMATION ABOUT INSURANCE;                       200          

      (4)  THE SERVICING OF EXISTING INSURANCE POLICIES ISSUED BY  203          

OR THROUGH THE EMPLOYEE'S EMPLOYER, PROVIDED THE SERVICING IS NOT  204          

PART OF A SOLICITATION;                                                         

      (5)  THE PERFORMANCE OF CLERICAL OR MINISTERIAL DUTIES.      207          

      (D)  THE SUPERINTENDENT MAY ADOPT RULES IN ACCORDANCE WITH   210          

CHAPTER 119. OF THE REVISED CODE TO SET FORTH THE SPECIFIC ACTS    213          

THAT COMPRISE ANY OF THE ACTIVITIES DESCRIBED IN THIS SECTION,     214          

THE PERFORMANCE OF WHICH EITHER REQUIRES OR DOES NOT REQUIRE       216          

LICENSURE AS AN AGENT.                                                          

      Sec. 3905.011.  (A)  AS USED IN THIS SECTION AND SECTIONS    219          

3905.012 AND 3905.013 OF THE REVISED CODE, "INSURER" HAS THE SAME  221          

MEANING AS IN SECTION 3901.32 OF THE REVISED CODE.                 224          

      (B)  ANY PERSON THAT IS LICENSED AS AN AGENT UNDER SECTION   227          

3905.02 OR 3905.18 OF THE REVISED CODE IS ELIGIBLE TO BE           229          

APPOINTED BY ONE OR MORE INSURERS AUTHORIZED TO DO BUSINESS IN     230          

THIS STATE.                                                        231          

      (C)(1)  PRIOR TO APPOINTING AN AGENT, AN INSURER SHALL       234          

CERTIFY TO THE SUPERINTENDENT OF INSURANCE, IN ACCORDANCE WITH     235          

RULES ADOPTED BY THE SUPERINTENDENT UNDER SECTION 3905.013 OF THE  236          

REVISED CODE, THAT THE PERSON IS COMPETENT, FINANCIALLY            238          

RESPONSIBLE, AND SUITABLE TO REPRESENT THE INSURER.                239          

      (2)  NO AGENT SHALL REPRESENT TO THE PUBLIC THAT THE AGENT   241          

HAS AUTHORITY TO REPRESENT A PARTICULAR INSURER UNTIL THE INSURER  243          

HAS ACKNOWLEDGED THAT AUTHORITY BY APPOINTMENT OF THE AGENT IN     244          

ACCORDANCE WITH DIVISION (C)(1) OF THIS SECTION.                   245          

      (D)(1)  NO INSURER SHALL PAY A COMMISSION, FEE, OR OTHER     248          

TYPE OF CONSIDERATION, OR GIVE ANY OTHER THING OF VALUE, TO A      249          

PERSON THAT IS REQUIRED TO BE LICENSED BY THE SUPERINTENDENT       250          

UNDER THIS CHAPTER FOR THE SALE OF, OR FOR ANY DIRECT OR INDIRECT  251          

CONNECTION WITH THE SALE OF, ANY INSURANCE SOLD BY OR ON BEHALF    252          

OF THE INSURER, BUT IS NOT SO LICENSED.                                         

                                                          6      

                                                                 
      (2)  NOTHING IN THIS SECTION PROHIBITS AN INSURER FROM       254          

ENTERING INTO A COMPENSATION AGREEMENT WITH A CREDITOR WITH        255          

RESPECT TO INSURANCE PRODUCTS MADE AVAILABLE ONLY IN CONNECTION    257          

WITH A CREDIT TRANSACTION, INCLUDING CREDIT LIFE INSURANCE,                     

CREDIT DISABILITY OR ACCIDENT AND HEALTH INSURANCE, CREDIT         258          

PROPERTY INSURANCE, MORTGAGE LIFE INSURANCE, MORTGAGE ACCIDENT     259          

AND HEALTH INSURANCE, INVOLUNTARY UNEMPLOYMENT INSURANCE,          260          

INDIVIDUAL LIFE INSURANCE, AND INDIVIDUAL DISABILITY OR ACCIDENT   261          

AND HEALTH INSURANCE, IF THE ENTIRE PREMIUM IS FINANCED AS PART    262          

OF THE CREDIT TRANSACTION.  FOR PURPOSES OF DIVISION (D)(2) OF     263          

THIS SECTION, "CREDIT PROPERTY INSURANCE" HAS THE SAME MEANING AS  264          

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

      Sec. 3905.012.  (A)(1)  EXCEPT AS PROVIDED IN DIVISION       268          

(A)(2) OF THIS SECTION, ANY PERSON LICENSED AS AN AGENT UNDER      269          

SECTION 3905.02 OR 3905.18 OF THE REVISED CODE, OR APPOINTED AS A  271          

SOLICITOR UNDER SECTION 3905.03 OF THE REVISED CODE, MAY AT ANY    274          

TIME SURRENDER ANY OR ALL LICENSES HELD BY THE PERSON.             275          

      (2)  NO AGENT SHALL SURRENDER THE AGENT'S LICENSES IF THE    278          

SUPERINTENDENT OF INSURANCE IS INVESTIGATING ANY ALLEGATION OF     279          

WRONGDOING BY THE AGENT OR HAS INITIATED PROCEEDINGS UNDER         280          

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      281          

SURRENDER IS INVALID.                                                           

      (B)(1)  IF AN INSURER OR AGENT CANCELS THE APPOINTMENT OF    284          

AN AGENT OR SOLICITOR DUE TO SUSPECTED FRAUD, MISREPRESENTATION,   285          

THEFT, CONVERSION, OR ANY OTHER CULPABLE MISAPPROPRIATION, THE     286          

INSURER OR AGENT SHALL PROMPTLY NOTIFY THE SUPERINTENDENT.  THE    287          

NOTICE SHALL INCLUDE A COMPLETE STATEMENT OF THE FACTS AND THE     288          

REASONS FOR THE CANCELLATION.                                      289          

      (2)  IN THE ABSENCE OF FRAUD OR ACTUAL MALICE, AN INSURER    291          

OR AGENT IS IMMUNE FROM ANY CIVIL LIABILITY THAT OTHERWISE MIGHT   292          

BE INCURRED OR IMPOSED AS A RESULT OF ANY ACTION TAKEN BY THE      293          

INSURER OR AGENT TO COMPLY WITH DIVISION (B)(1) OF THIS SECTION.   295          

      (C)  IF AN AGENT'S LICENSE IS SURRENDERED, REVOKED, OR       297          

                                                          7      

                                                                 
SUSPENDED, ALL APPOINTMENTS HELD BY THE AGENT ARE VOID.  IF A NEW  299          

LICENSE IS ISSUED TO THAT PERSON OR IF THAT PERSON'S PREVIOUS      300          

LICENSE IS REINSTATED, ANY APPOINTMENT OF THE PERSON TO REPRESENT  301          

AN INSURER OR AGENT MUST BE MADE IN ACCORDANCE WITH THE            302          

REQUIREMENTS OF THIS CHAPTER.                                                   

      (D)(1)  ANY AGENT, OTHER THAN A CORPORATION, PARTNERSHIP,    304          

OR LIMITED LIABILITY COMPANY, WHO IS NO LONGER ENGAGED IN THE      305          

BUSINESS OF INSURANCE IN ANY CAPACITY FOR WHICH AN AGENT'S         306          

LICENSE IS REQUIRED MAY APPLY TO THE SUPERINTENDENT FOR INACTIVE   307          

STATUS.  THE SUPERINTENDENT MAY GRANT SUCH STATUS ONLY IF THE      308          

SUPERINTENDENT IS SATISFIED THAT THE PERSON IS NOT ENGAGED IN AND  310          

DOES NOT INTEND TO ENGAGE IN ANY OF THE ACTIVITIES SET FORTH IN    311          

SECTION 3905.01 OF THE REVISED CODE THAT REQUIRES AN AGENT'S       313          

LICENSE.                                                           314          

      (2)  A PERSON WHO HAS BEEN GRANTED INACTIVE STATUS IS        316          

EXEMPT FROM ANY CONTINUING EDUCATION REQUIREMENTS IMPOSED UNDER    317          

THIS CHAPTER.                                                      318          

      (3)  THE SUPERINTENDENT MAY ADOPT RULES IN ACCORDANCE WITH   321          

CHAPTER 119. OF THE REVISED CODE TO ESTABLISH PROCEDURES FOR       324          

APPLYING FOR INACTIVE STATUS, CRITERIA USED TO DETERMINE                        

ELIGIBILITY FOR SUCH STATUS, AND STANDARDS AND PROCEDURES FOR      325          

TRANSFERRING FROM INACTIVE TO ACTIVE STATUS.                       326          

      (E)  THE SUPERINTENDENT MAY SUSPEND OR REVOKE A LICENSE, OR  329          

TAKE ANY OTHER DISCIPLINARY ACTION AUTHORIZED BY THIS CHAPTER,     330          

REGARDLESS OF WHETHER THE PERSON IS APPOINTED OR OTHERWISE         331          

AUTHORIZED TO REPRESENT AN INSURER OR AGENT.                       332          

      Sec. 3905.013.  (A)  THE SUPERINTENDENT OF INSURANCE MAY     335          

ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE    338          

FOR PURPOSES OF IMPLEMENTING SECTIONS 3905.01 TO 3905.03 AND       339          

3905.18 OF THE REVISED CODE, INCLUDING RULES THAT DO THE           342          

FOLLOWING:                                                                      

      (1)  SET FORTH REQUIREMENTS AND PROCEDURES FOR THE ISSUANCE  345          

OF AN AGENT'S LICENSE;                                                          

      (2)  PROVIDE FOR THE ISSUANCE OF A LIMITED AUTHORITY         348          

                                                          8      

                                                                 
LICENSE FOR A SPECIFIC LINE OF INSURANCE AND FOR THE APPOINTMENT                

OF SUCH A LICENSEE, AND SET FORTH ANY PRELICENSING EDUCATION,      350          

EXAMINATION, OR CONTINUING EDUCATION REQUIREMENTS THE                           

SUPERINTENDENT CONSIDERS APPROPRIATE FOR THE LICENSE;              351          

      (3)  SET FORTH THE CIRCUMSTANCES UNDER WHICH THE             354          

SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE MAY REFUSE TO                   

ISSUE AN AGENT'S LICENSE TO AN APPLICANT.  NOTWITHSTANDING         356          

CHAPTER 119. OF THE REVISED CODE, AN OPPORTUNITY FOR A HEARING     359          

SHALL NOT BE GRANTED TO SUCH AN APPLICANT UNTIL THE                             

SUPERINTENDENT HAS CONDUCTED AN INVESTIGATION OF THE MATTER.       361          

      (4)  ESTABLISH PROCEDURES FOR CERTIFYING AN INSURER'S        363          

APPOINTMENT OF AN AGENT;                                           364          

      (5)  ESTABLISH PROCEDURES FOR THE SURRENDER OF LICENSES OR   367          

APPOINTMENTS.                                                                   

      (B)  THE SUPERINTENDENT MAY DIRECT LICENSEES TO PAY ANY      370          

FEES TO ANY CONTRACTED VENDOR.                                                  

      Sec. 3905.02.  (A)  AN APPLICANT FOR A LICENSE AS AN OTHER   373          

THAN LIFE INSURANCE AGENT SHALL SUBMIT AN APPLICATION FOR SUCH A   374          

LICENSE TO THE SUPERINTENDENT OF INSURANCE.  THE APPLICATION       376          

SHALL BE ON A FORM FURNISHED BY THE SUPERINTENDENT AND BE          377          

ACCOMPANIED BY A STATEMENT UNDER OATH BY THE APPLICANT WHICH       378          

GIVES THE APPLICANT'S NAME, AGE, RESIDENCE, PRESENT OCCUPATION,    379          

OCCUPATION FOR THE FIVE YEARS NEXT PRECEDING THE DATE OF THE       380          

APPLICATION, AND SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY  381          

REQUIRE.                                                                        

      THE APPLICANT SHALL ALSO REQUEST A CRIMINAL RECORDS CHECK    383          

CONDUCTED BY THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL          385          

IDENTIFICATION AND INVESTIGATION IN ACCORDANCE WITH SECTION                     

109.572 OF THE REVISED CODE, AND DIRECT THAT THE BUREAU'S WRITTEN  387          

RESPONSE TO THAT REQUEST BE TRANSMITTED TO THE SUPERINTENDENT OF   388          

INSURANCE, OR TO THE SUPERINTENDENT'S DESIGNEE, AS SPECIFIED ON    389          

THE FORM PRESCRIBED PURSUANT TO THAT SECTION.  IF THE              390          

SUPERINTENDENT OF INSURANCE OR THE SUPERINTENDENT'S DESIGNEE                    

FAILS TO RECEIVE THE BUREAU'S RESPONSE TO THE APPLICANT'S REQUEST  392          

                                                          9      

                                                                 
FOR A CRIMINAL RECORDS CHECK, THE SUPERINTENDENT MAY REFUSE TO     393          

ISSUE A LICENSE UNDER THIS SECTION.  THE APPLICANT SHALL PAY ANY   394          

FEE REQUIRED BY THE BUREAU FOR CONDUCTING THE CRIMINAL RECORDS     395          

CHECK.                                                                          

      AN APPLICANT FOR A LICENSE SHALL SUBMIT TO AN EXAMINATION    398          

AS TO THE QUALIFICATIONS SET FORTH IN DIVISION (B) OF THIS         399          

SECTION.                                                           400          

      (B)  THE SUPERINTENDENT OF INSURANCE SHALL ISSUE TO AN       403          

APPLICANT A LICENSE THAT STATES IN SUBSTANCE THAT THE PERSON IS    404          

AUTHORIZED TO DO THE BUSINESS OF AN OTHER THAN LIFE INSURANCE      405          

AGENT IN THIS STATE, IF THE SUPERINTENDENT IS SATISFIED THAT THE   406          

APPLICANT IS A SUITABLE PERSON AND INTENDS TO HOLD SELF OUT IN     407          

GOOD FAITH AS AN AGENT; THAT THE APPLICANT IS HONEST,              408          

TRUSTWORTHY, AND UNDERSTANDS THE DUTIES AND OBLIGATIONS OF AN      409          

AGENT, AND IS FAMILIAR WITH THE INSURANCE LAWS OF THIS STATE AND   410          

WITH THE TERMS AND PROVISIONS OF THE POLICIES AND CONTRACTS OF     411          

INSURANCE THE APPLICANT PROPOSES TO EFFECT; THAT IN APPLYING FOR   412          

THE LICENSE IT IS NOT THE APPLICANT'S PURPOSE OR INTENTION         413          

PRINCIPALLY TO SOLICIT OR PLACE INSURANCE ON THE APPLICANT'S OWN   414          

PROPERTY OR THAT OF RELATIVES, EMPLOYERS, OR EMPLOYEES OR THAT     415          

FOR WHICH THEY OR THE APPLICANT IS AGENT, CUSTODIAN, VENDOR,       416          

BAILEE, TRUSTEE, OR PAYEE; AND THAT THE APPLICANT HAS COMPLETED    417          

THE EDUCATIONAL REQUIREMENTS SET FORTH IN SECTION 3905.48 OF THE   418          

REVISED CODE.                                                                   

      THE SUPERINTENDENT MAY SUSPEND OR REVOKE SUCH A LICENSE AS   420          

PROVIDED IN SECTION 3905.482 OF THE REVISED CODE, AND MAY          421          

SUSPEND, REVOKE, REFUSE TO CONTINUE, OR REFUSE TO ISSUE SUCH A     423          

LICENSE AS PROVIDED IN SECTION 3905.49 OF THE REVISED CODE.        425          

UNLESS REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR SURRENDERED   426          

BY THE AGENT, SUCH A LICENSE CONTINUES IN FORCE FOR THE LIFE OF    427          

THE AGENT, IN THE CASE OF AN INDIVIDUAL, OR UNTIL THE              428          

CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY CEASES TO                

EXIST.                                                             429          

      IF THE SUPERINTENDENT REFUSES TO ISSUE SUCH A LICENSE BASED  432          

                                                          10     

                                                                 
IN WHOLE OR IN PART UPON THE BUREAU'S WRITTEN RESPONSE TO A        433          

CRIMINAL RECORDS CHECK REQUESTED PURSUANT TO DIVISION (A) OF THIS  434          

SECTION, THE SUPERINTENDENT SHALL SEND A COPY OF THE RESPONSE      435          

THAT THE BUREAU TRANSMITTED TO THE SUPERINTENDENT OR TO THE        436          

SUPERINTENDENT'S DESIGNEE, TO THE APPLICANT AT THE APPLICANT'S     437          

HOME ADDRESS UPON THE APPLICANT'S SUBMISSION OF A WRITTEN REQUEST  438          

TO THE SUPERINTENDENT.                                             439          

      (C)(1)  EACH INSURANCE COMPANY SHALL CERTIFY TO THE          442          

SUPERINTENDENT OF INSURANCE BEFORE THE THIRTIETH DAY OF JUNE EACH  443          

YEAR THE NAMES AND ADDRESSES OF THE AGENTS FOR WHOM IT REQUESTS    444          

APPOINTMENTS OR THE CONTINUANCE OF APPOINTMENTS.  ALL DOMESTIC,    445          

FOREIGN, AND ALIEN COMPANIES SHALL PAY TO THE SUPERINTENDENT A     446          

FEE OF TWENTY DOLLARS FOR EVERY SUCH APPOINTMENT WHEN ISSUED AND   447          

FOR EACH CONTINUANCE THEREAFTER. SUCH AN APPOINTMENT, UNLESS       448          

CANCELED BY THE INSURANCE COMPANY, MAY BE CONTINUED IN FORCE PAST  450          

THE THIRTIETH DAY OF JUNE NEXT AFTER ITS ISSUE AND AFTER THE       451          

THIRTIETH DAY OF JUNE OF EACH SUCCEEDING YEAR PROVIDED THAT THE    453          

APPOINTEE IS LICENSED AND IS ELIGIBLE FOR THE APPOINTMENT.         454          

      (2)  AN INSURANCE COMPANY SHALL BE BOUND BY THE ACTS OF THE  457          

PERSON NAMED IN THE APPOINTMENT WITHIN THAT PERSON'S APPARENT      458          

AUTHORITY AS ITS AGENT.                                                         

      (3)  DIVISION (C) OF THIS SECTION DOES NOT APPLY TO LIFE     461          

INSURANCE COMPANIES, INCLUDING FRATERNALS, NOR TO DOMESTIC MUTUAL  462          

PROTECTIVE ASSESSMENT FIRE ASSOCIATIONS AS DEFINED IN SECTION      463          

3939.01 OF THE REVISED CODE.                                       465          

      (D)  THE SUPERINTENDENT OF INSURANCE MAY PRESCRIBE THE       468          

FORMS TO BE USED AS EVIDENCE OF THE ISSUANCE OF LICENSES AND       469          

APPOINTMENTS UNDER THIS SECTION AND MAY ISSUE ONE OR MORE          470          

CERTIFICATES, IN A FORM SUITABLE FOR OFFICE DISPLAY, TO COVER ANY  471          

NUMBER OF INSURANCE COMPANIES WITH WHICH AN AGENT HAS              472          

APPOINTMENTS.                                                                   

      (E)(1)  THE SUPERINTENDENT OF INSURANCE SHALL NOT ISSUE OR   475          

CONTINUE THE LICENSE OF A CORPORATION, PARTNERSHIP, OR LIMITED     476          

LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THIS OR ANY OTHER    477          

                                                          11     

                                                                 
STATE UNLESS THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY    478          

COMPANY IS QUALIFIED TO DO BUSINESS IN THIS STATE UNDER THE        479          

APPLICABLE PROVISIONS OF TITLE XVII OF THE REVISED CODE.           483          

      (2)  THE FAILURE OF A CORPORATION, PARTNERSHIP, OR LIMITED   486          

LIABILITY COMPANY TO BE IN GOOD STANDING WITH THE SECRETARY OF     487          

STATE OR TO MAINTAIN A VALID APPOINTMENT OF STATUTORY AGENT IS     488          

GROUNDS FOR SUSPENSION OR REVOCATION OF ITS LICENSE.               489          

      (3)  BY APPLYING FOR A LICENSE AS AN AGENT UNDER THIS        491          

SECTION, AN INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LIMITED       492          

LIABILITY COMPANY CONSENTS TO THE JURISDICTION OF THE COURTS OF    493          

THIS STATE.                                                        494          

      Sec. 3905.02 3905.03.  (A)  Any agent authorized and         503          

licensed as provided in section 3905.01 3905.02 of the Revised     505          

Code, and representing APPOINTED TO REPRESENT one or more          507          

insurance corporations within this state, may employ APPOINT as    509          

many solicitors as the agent desires to represent the agent and                 

the agent's agency, but such THE solicitors shall not represent    510          

themselves, by advertisement or otherwise, as agents of insurance  512          

companies for which their employer may be the authorized agent,    513          

and such THE solicitors shall in all instances represent           514          

themselves only as solicitors for said THE agent.  Upon            515          

      EACH AGENT THAT EMPLOYS A PERSON AS A SOLICITOR SHALL        518          

CERTIFY TO THE SUPERINTENDENT OF INSURANCE THAT THE PERSON IS      519          

COMPETENT, FINANCIALLY RESPONSIBLE, AND SUITABLE TO REPRESENT THE  520          

AGENT.  UPON written notice by any such agent that the agent has   522          

employed such a person as a solicitor, the superintendent of       523          

insurance shall issue to the solicitor a license AN APPOINTMENT    524          

in the form prepared by the superintendent, if the superintendent  526          

is satisfied that:                                                 527          

      (1)  The applicant SOLICITOR is a suitable person and        529          

intends to hold self out in good faith as a solicitor;.            531          

      (2)  The applicant SOLICITOR is honest and trustworthy;.     534          

      (3)  The applicant SOLICITOR has training or instruction in  536          

the business and understands the duties and obligations of a       537          

                                                          12     

                                                                 
solicitor;.                                                        538          

      (4)  The applicant SOLICITOR IS LICENSED UNDER SECTION       540          

3905.02 OF THE REVISED CODE, is familiar with the insurance laws,  542          

and IS FAMILIAR with the provisions of the policies and contracts  543          

of insurance the applicant SOLICITOR proposes to solicit;.         545          

      (5)  In applying for such license it IT is not appointee's   548          

THE SOLICITOR'S purpose or intention principally to solicit or     549          

place insurance on appointee's THE SOLICITOR'S own property or     550          

that of relatives, employers, or employees or that for which they  552          

or the appointee SOLICITOR is agent, custodian, vendor, bailee,    554          

trustee, or payee.  Notice                                                      

      (6)  ON AND AFTER JULY 1, 1987, THE SOLICITOR HAS COMPLETED  558          

THE PRELICENSING EDUCATIONAL REQUIREMENTS SET FORTH IN SECTION     559          

3905.48 OF THE REVISED CODE.                                       561          

      NOTICE shall be upon a form furnished by the superintendent  565          

and shall be accompanied by a statement under oath by the          566          

solicitor which shall give GIVES the applicant's SOLICITOR'S       567          

name, age, residence, present occupation, the applicant's          570          

SOLICITOR'S occupation for the five years next preceding the date  571          

of the notice, the kinds of insurance for which the applicant      572          

SOLICITOR wishes license to solicit, and such other information    574          

as the superintendent requires, upon a blank furnished by the      575          

superintendent.                                                                 

      (6)  On and after July 1, 1987, the applicant has completed  577          

the pre-licensing educational requirements set forth in section    578          

3905.48 of the Revised Code.                                       579          

      (B)  If such appointee THE SOLICITOR within the preceding    581          

two years has not been appointed as a licensed IN THIS STATE AS    583          

AN insurance solicitor or has not had an appointment as a          585          

licensed insurance solicitor continued by an insurance agent       586          

licensed in this state FOR OTHER THAN LIFE INSURANCE UNDER         587          

SECTION 3905.02 OF THE REVISED CODE, the appointee SOLICITOR       588          

shall submit to a hearing and AN examination as to the             589          

qualifications set forth in divisions (A)(1) to (5) of this        591          

                                                          13     

                                                                 
section.                                                                        

      (C)  For the purpose of licensing solicitors, insurance      593          

shall be considered as of three classes:  fire insurance,          594          

including marine and inland transportation; casualty insurance;    595          

and surety insurance.  A solicitor who did not hold a license as   596          

solicitor prior to January 1, 1967, may be licensed APPOINTED      597          

only if the solicitor is qualified for the same class or classes   600          

of insurance for which the agent employing the solicitor is        601          

licensed.  Each solicitor's license shall state the class or       603          

classes A SOLICITOR MAY SOLICIT ONLY THOSE LINES OF INSURANCE for  604          

which issued and no BOTH THE solicitor shall be licensed for AND   605          

the same kind of insurance by more than one APPOINTING agent ARE   607          

LICENSED.  Unless such license NO SOLICITOR SHALL BE APPOINTED BY  609          

MORE THAN ONE AGENT.                                               610          

      UNLESS THE SOLICITOR'S LICENSE is revoked or suspended by    613          

the superintendent or unless the agent by written notice to the    614          

superintendent cancels the solicitor's authority as such                        

solicitor, or unless such license is canceled by the               615          

superintendent upon written notice from the solicitor that the     616          

solicitor's authority has been canceled by the agent, such         617          

license and any other license issued to a solicitor APPOINTMENT    618          

may, in the discretion of the superintendent, and at the request   620          

of the agent who employs the solicitor and the payment of the      621          

required fee, be continued past the thirtieth day of June next     622          

after its issue and after the thirtieth day of June each           623          

succeeding year.  Each agent shall certify, to the superintendent  624          

of insurance, before the thirtieth day of June each year, the      625          

names and addresses of the solicitors the agent has employed       626          

during the preceding year, indicating those for whom the agent     627          

wishes licenses APPOINTMENTS to be continued.                      628          

      The agent giving written notice shall pay to the             630          

superintendent a fee of twenty dollars for every such license      631          

APPOINTMENT and for each continuance thereof.  The issuance of a   633          

solicitor's license APPOINTMENT shall be limited to a natural      634          

                                                          14     

                                                                 
person who is a resident of this state or to a natural person who  637          

is employed by a licensed resident agent and is conducting         638          

business only from within this state.                                           

      The superintendent may suspend or revoke such a license as   640          

provided in section 3905.482 of the Revised Code, and may          641          

suspend, revoke, refuse to continue or renew, or refuse to issue   642          

such a license as provided in section 3905.49 of the Revised       643          

Code.                                                                           

      Sec. 3905.06.  Sections 3905.01 to 3905.06 of the Revised    652          

Code do not apply to companies or associations transacting the     653          

business of life insurance or their agent or to associations       655          

organized and operating under sections 3939.01 to 3939.09 of the   656          

Revised Code.                                                                   

      Sec. 3905.07.  No person shall act in this state as special  665          

representative, state agent, field representative, state,          666          

district, or local manager, or in any similar capacity by          667          

whatever title designated, unless the person is licensed by the    668          

superintendent of insurance.  Upon written notice by an insurance  669          

company authorized to transact business in this state of its       670          

employment of a person to act as such representative and that the  671          

person's duties are to appoint, supervise, or dismiss agents, to   672          

aid them in soliciting, negotiating, and receiving applications    673          

of and handling orders for insurance, and to aid the employer      674          

generally in the transaction of its business in this state, but    675          

not to solicit insurance on that person's own behalf, the          676          

superintendent shall issue a license as special representative to  677          

such THE person.  Such THE license shall state in substance that   679          

the company is authorized to do business in this state and that    680          

the person named therein IN THE LICENSE is a constituted special   682          

representative of the company in this state in the transaction of  683          

such business within the person's apparent authority as the        684          

company is authorized to transact therein. If such THE special     685          

representative signs policies for the company, the special         687          

representative must qualify as an agent under section 3905.01      688          

                                                          15     

                                                                 
3905.02 of the Revised Code. Unless the company, by written        689          

notice to the superintendent, cancels the special                  690          

representative's authority to act for it, such license may, in     691          

the discretion of the superintendent and at the request of the     692          

company and payment of the required fee, be continued past the     693          

thirtieth day of June next after issue and the thirtieth day of    694          

June of each succeeding year.  Each company shall pay a fee of     695          

five dollars for each such license and each continuance thereof.   696          

      A PERSON LICENSED AS A SPECIAL REPRESENTATIVE UNDER THIS     699          

SECTION IS NOT SUBJECT TO SECTION 3905.481 OF THE REVISED CODE     701          

UNLESS THE PERSON IS ALSO LICENSED AS AN AGENT UNDER SECTION       702          

3905.02 OF THE REVISED CODE.                                       704          

      Sec. 3905.08.  If it appears from the written notice given   713          

to the superintendent of insurance pursuant to sections 3905.01,   714          

3905.02, and 3905.18 of the Revised Code that the appointment      716          

APPLICATION of any person to act as an agent, or the employment    718          

of any person to act as a solicitor, is only for the purpose of    720          

having such agent or such solicitor procure PROCURING, receive     722          

RECEIVING, or forward FORWARDING applications for insurance        724          

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

individuals and against personal injury, disablement, or death     725          

resulting from traveling or general accidents by land and water,   726          

then the scope of any hearing or examination, or questions in any  727          

application for license, as provided for in any of said THOSE      728          

sections, shall be limited to that type of insurance only.  If     730          

any such person appointed as agent or employed as a solicitor is   731          

otherwise qualified under said THOSE sections, the superintendent  732          

shall issue to such THE person an appropriate agent's or           733          

solicitor's license bearing an imprint across its face "accident   735          

and health insurance license."  Such license only entitles the     736          

holder to procure applications for such insurance and forward the  737          

same to the company or agent that he THE HOLDER is licensed        739          

APPOINTED to represent.  Such sections apply to any person         740          

appointed as an agent or employed as a solicitor, except to the    741          

                                                          16     

                                                                 
extent that they are modified and amended by this section.  No     742          

agent or solicitor licensed under this section shall procure,      743          

receive, or forward applications for any kind of insurance except  744          

the kinds enumerated in this section.  Any violation of this       745          

section, by any AN agent or solicitor licensed under this section  747          

is cause for the revocation of said THE license and any other      749          

licenses issued by the superintendent to said THE agent or         750          

solicitor.                                                         751          

      The acceptance by any insurance company from any AN agent    753          

licensed under this section, or the acceptance by any insurance    755          

agent, whether licensed under this or any other section of the     757          

Revised Code, from any solicitor licensed under this section, of   758          

an application for any kind of insurance except the kinds                       

enumerated in this section, is cause for the revocation of the     759          

license of said THE company or agent and for the revocation of     761          

any other licenses issued by the superintendent to said THE        763          

company or agent.                                                               

      Sec. 3905.18.  (A)  Upon written notice by AN APPLICANT FOR  772          

A LICENSE AS a life insurance company authorized to transact       774          

business in this state of its appointment of a person to act as    775          

its agent in this state, and upon issuance of the certificate      776          

verified by an executive officer or managing agent thereof, that   777          

such company has investigated the character and record of such     778          

person and satisfied itself that he is trustworthy and qualified   779          

to act as its agent, and that he has completed the educational     781          

requirements set forth in section 3905.48 of the Revised Code,     782          

SHALL SUBMIT TO the superintendent of insurance shall, on receipt  784          

of such certification, furnish to the agent an application for AN  785          

agent's license, which shall contain such questions touching the   786          

applicant's fitness to be licensed as an agent as the              787          

superintendent determines.  If such appointee within the           789          

preceding two years has not been appointed as a licensed life      790          

insurance agent or has not had his appointment as a licensed life  792          

insurance agent continued by an insurance company authorized to    793          

                                                          17     

                                                                 
transact business in this state, the appointee  THE APPLICATION    794          

SHALL BE ACCOMPANIED BY A STATEMENT UNDER OATH BY THE APPLICANT    797          

THAT GIVES THE APPLICANT'S NAME, AGE, RESIDENCE, PRESENT           798          

OCCUPATION, OCCUPATION FOR THE FIVE YEARS NEXT PRECEDING THE DATE  799          

OF THE APPLICATION, AND SUCH OTHER INFORMATION AS THE              800          

SUPERINTENDENT MAY REQUIRE.                                                     

      THE APPLICANT SHALL ALSO REQUEST A CRIMINAL RECORDS CHECK    802          

CONDUCTED BY THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL          804          

IDENTIFICATION AND INVESTIGATION IN ACCORDANCE WITH SECTION                     

109.572 OF THE REVISED CODE, AND DIRECT THAT THE BUREAU'S WRITTEN  806          

RESPONSE TO THAT REQUEST BE TRANSMITTED TO THE SUPERINTENDENT OF   807          

INSURANCE, OR TO THE SUPERINTENDENT'S DESIGNEE, AS SPECIFIED ON    808          

THE FORM PRESCRIBED PURSUANT TO THAT SECTION.  IF THE              809          

SUPERINTENDENT OF INSURANCE OR THE SUPERINTENDENT'S DESIGNEE                    

FAILS TO RECEIVE THE BUREAU'S RESPONSE TO THE APPLICANT'S REQUEST  811          

FOR A CRIMINAL RECORDS CHECK, THE SUPERINTENDENT MAY REFUSE TO     812          

ISSUE A LICENSE UNDER THIS SECTION.  THE APPLICANT SHALL PAY ANY   813          

FEE REQUIRED BY THE BUREAU FOR CONDUCTING THE CRIMINAL RECORDS     814          

CHECK.                                                                          

      AN APPLICANT FOR A LICENSE shall submit to an examination    819          

as to his THE APPLICANT'S knowledge of life and sickness and       820          

accident insurance and the laws of this state governing his        821          

activities as a life insurance agent.  Unless                      822          

      (B)  UNLESS it appears that the appointee APPLICANT is not   827          

of good reputation and character, is not a trustworthy person, is  828          

not suitable to be licensed, or has not completed such THE         829          

educational requirements SET FORTH IN SECTION 3905.48 OF THE       830          

REVISED CODE, the superintendent OF INSURANCE shall issue to him   831          

THE APPLICANT a license which shall state, in substance, that the  833          

company PERSON is authorized to do THE business OF A LIFE          835          

INSURANCE AGENT in this state, and that the person named therein   837          

is a constituted agent of the company in this state for the        838          

transaction of such business.  Each notice and certificate shall   839          

be upon forms furnished by the superintendent and shall be         840          

                                                          18     

                                                                 
accompanied by a statement under oath by the appointee which       841          

shall give his name, age, residence, present occupation,           843          

occupation for the five years next preceding the date of the       844          

notice, and such other information as the superintendent                        

requires, upon a blank furnished by him.                           845          

      (B)  The superintendent may suspend or revoke such a         847          

license as provided in section 3905.482 of the Revised Code, and   848          

may suspend, revoke, refuse to continue or renew, or refuse to     849          

issue such a license as provided in section 3905.49 of the         850          

Revised Code.  Every such UNLESS REVOKED OR SUSPENDED BY THE       851          

SUPERINTENDENT OR SURRENDERED BY THE AGENT, SUCH A LICENSE         852          

CONTINUES IN FORCE FOR THE LIFE OF THE AGENT, IN THE CASE OF AN    853          

INDIVIDUAL, OR UNTIL THE CORPORATION, PARTNERSHIP, OR LIMITED      854          

LIABILITY COMPANY CEASES TO EXIST.                                              

      IF THE SUPERINTENDENT REFUSES TO ISSUE SUCH A LICENSE BASED  857          

IN WHOLE OR IN PART UPON THE BUREAU'S WRITTEN RESPONSE TO A        858          

CRIMINAL RECORDS CHECK REQUESTED PURSUANT TO DIVISION (A) OF THIS  859          

SECTION, THE SUPERINTENDENT SHALL SEND A COPY OF THE RESPONSE      860          

THAT THE BUREAU TRANSMITTED TO THE SUPERINTENDENT OR TO THE        861          

SUPERINTENDENT'S DESIGNEE, TO THE APPLICANT AT THE APPLICANT'S     862          

HOME ADDRESS UPON THE APPLICANT'S SUBMISSION OF A WRITTEN REQUEST  863          

TO THE SUPERINTENDENT.                                             864          

      EACH insurance company shall, upon the termination of the    867          

employment APPOINTMENT of any such agent, forthwith file with the  869          

superintendent a statement of the termination of such employment   870          

THE APPOINTMENT.                                                                

      (C)  Upon written notice by a life insurance company         872          

authorized to transact business in this state of its appointment   873          

of a corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY to     874          

act as its agent in this state, the superintendent of insurance    876          

shall furnish such THE corporation, PARTNERSHIP, OR LIMITED        877          

LIABILITY COMPANY with an application for agent's license which    878          

shall contain such questions as will enable the superintendent to  879          

determine that such THE corporation, PARTNERSHIP, OR LIMITED       880          

                                                          19     

                                                                 
LIABILITY COMPANY was organized for the purpose of acting as an    881          

insurance agent,; that each employee of such THE corporation,      883          

PARTNERSHIP, OR LIMITED LIABILITY COMPANY who will negotiate for,  884          

place, or renew policies or agreements of life insurance on        885          

behalf of such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY  886          

COMPANY has been issued a life insurance agent's license pursuant  887          

to division (A) of this section; that the voting shares of such    888          

corporation are beneficially owned by natural persons who are      889          

residents of this state; that such THE corporation, PARTNERSHIP,   890          

OR LIMITED LIABILITY COMPANY and such THE life insurance company   892          

have executed a written agreement whereby the rights and duties    893          

of each are set forth; and that in applying for such THE license   894          

it is not the appointee's purpose or intention principally to      896          

solicit or place insurance on the lives of the appointee's         897          

officers, employees, or shareholders, or the lives of relatives    898          

of such officers, employees, or shareholders, or upon the lives    899          

of persons for whom they, their relatives, or the appointee is     900          

agent, custodian, vendor, bailee, trustee, or payee.  Unless it    901          

appears that such THE corporation, PARTNERSHIP, OR LIMITED         903          

LIABILITY COMPANY was not organized for such purpose or that each  904          

such employee has not been so licensed or that the voting shares   905          

of such corporation are not so beneficially owned or that such a   906          

written agreement has not been executed, the superintendent shall  907          

issue to such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY   908          

COMPANY a license which shall state STATES, in substance, that     909          

such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY    910          

is a life insurance agent.                                         911          

      (D)  If the superintendent of insurance, at any time         913          

subsequent to the issuance of a life insurance agent's license to  914          

a corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY, finds    915          

that such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY       917          

COMPANY has ceased to have as its purpose acting as an insurance   918          

agent or that each employee of such THE corporation, PARTNERSHIP,  919          

OR LIMITED LIABILITY COMPANY who negotiates for, places, or        920          

                                                          20     

                                                                 
renews policies or agreements of life insurance on behalf of such  922          

THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY has     923          

not been issued a life insurance agent's license or that the       924          

voting shares of such corporation are not beneficially owned by    925          

natural persons who are residents of this state or that the        926          

principal use of such THE license has been to solicit, place, or   928          

effect insurance on the lives of the appointee's officers,         929          

employees, or shareholders, or on the lives of the relatives of    930          

such officers, employees, or shareholders, or upon the lives of    931          

persons for whom they, or their relatives, or the appointee is     932          

agent, custodian, vendor, bailee, trustee, or payee, or for any    933          

other cause shown he, THE SUPERINTENDENT may after hearing revoke  935          

the life insurance agent's license issued to such THE              937          

corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY or suspend  938          

such THE license until such condition as he THE SUPERINTENDENT     939          

finds existing ceases to exist.  The finding of the                942          

superintendent, either in refusing to grant a license or in        943          

revoking a license, shall be in writing, and shall state the       944          

facts upon which his THE action is based.  The action of the       946          

superintendent in granting, revoking, continuing, or refusing to   947          

grant, revoke, or continue such THE license, shall be subject to   949          

review in accordance with Chapter 119. of the Revised Code.        950          

      (E)  Unless THE AGENT'S LICENSE IS revoked OR SUSPENDED by   952          

the superintendent OF INSURANCE, or unless the company by written  954          

notice to the superintendent cancels the agent's authority to act  955          

for it, a life insurance agent's license, and any other license    956          

issued to an agent APPOINTMENT may, in the discretion of the       958          

superintendent and at the request of the company and payment of    959          

the required fee, be continued past the thirtieth day of June      960          

next after its issue and after the thirtieth day of June in each   961          

succeeding year.  Except as provided in section 3905.011 of the    962          

Revised Code, all ALL domestic, foreign, and alien companies       964          

shall pay a fee of twenty dollars for every such license           965          

APPOINTMENT and for each continuance thereafter.  While such       967          

                                                          21     

                                                                 
license AN APPOINTMENT remains in force, a foreign company shall   969          

be bound by the acts of the person named therein IN THE            970          

APPOINTMENT, within his THE PERSON'S APPARENT authority as its     973          

acknowledged agent.                                                             

      (F)  The superintendent OF INSURANCE may prescribe the       975          

forms to be used as evidence of the issuance of licenses AND       976          

APPOINTMENTS under this section and may issue one or more          978          

certificates, in a form suitable for office display, to cover any  979          

number of insurance companies with which an agent is licensed HAS  980          

APPOINTMENTS.                                                                   

      (G)(1)  THE SUPERINTENDENT OF INSURANCE SHALL NOT ISSUE OR   983          

CONTINUE THE LICENSE OF A CORPORATION, PARTNERSHIP, OR LIMITED     984          

LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THIS OR ANY OTHER    985          

STATE UNLESS THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY    986          

COMPANY IS QUALIFIED TO DO BUSINESS IN THIS STATE UNDER THE        987          

APPLICABLE PROVISIONS OF TITLE XVII OF THE REVISED CODE.           991          

      (2)  THE FAILURE OF A CORPORATION, PARTNERSHIP, OR LIMITED   994          

LIABILITY COMPANY TO BE IN GOOD STANDING WITH THE SECRETARY OF     995          

STATE OR TO MAINTAIN A VALID APPOINTMENT OF STATUTORY AGENT IS     996          

GROUNDS FOR SUSPENSION OR REVOCATION OF ITS LICENSE.               997          

      (3)  BY APPLYING FOR A LICENSE AS AN AGENT UNDER THIS        999          

SECTION, AN INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LIMITED       1,000        

LIABILITY COMPANY CONSENTS TO THE JURISDICTION OF THE COURTS OF    1,001        

THIS STATE.                                                        1,002        

      Sec. 3905.20.  (A)  Any person licensed as a life insurance  1,011        

agent for a life insurance company authorized to deliver or issue  1,012        

for delivery in this state SHALL, UPON SATISFACTORY COMPLETION OF  1,014        

AN EXAMINATION AS TO THE PERSON'S KNOWLEDGE OF policies,           1,016        

annuities, or AND other contracts providing variable or fixed and  1,017        

variable benefits or contractual payments ISSUED BY LIFE           1,018        

INSURANCE COMPANIES pursuant to section 3911.011 of the Revised    1,019        

Code shall, upon written application of such company,              1,020        

satisfactory completion of an examination as to his knowledge of   1,022        

such policies, annuities, and contracts and the nature thereof,    1,023        

                                                          22     

                                                                 
payment of the required fee, and compliance with the               1,024        

pre-licensing PRELICENSING educational requirements of section     1,025        

3905.48 of the Revised Code, be licensed by the superintendent of  1,027        

insurance as a variable contract agent.                            1,028        

      (B)  The superintendent may suspend or revoke such a         1,030        

license as provided in section 3905.482 of the Revised Code, and   1,031        

may suspend, revoke, refuse to continue or renew, or refuse to     1,032        

issue such a license as provided in section 3905.49 of the         1,033        

Revised Code.  Revocation of such THE person's license as a life   1,034        

insurance agent or failure to renew such license is cause for      1,035        

revoking such THE person's license as a variable contract agent.   1,036        

Every such UNLESS REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR    1,037        

SURRENDERED BY THE AGENT, A VARIABLE CONTRACT AGENT'S LICENSE      1,038        

CONTINUES IN FORCE FOR THE LIFE OF THE AGENT.                      1,039        

      EACH LIFE insurance company shall, upon termination of the   1,041        

employment APPOINTMENT of any such person as a variable contract   1,042        

agent, forthwith file with the superintendent a statement of the   1,044        

termination of such employment THE APPOINTMENT.                    1,045        

      (C)  Any corporation, PARTNERSHIP, OR LIMITED LIABILITY      1,047        

COMPANY licensed as a life insurance agent for AND APPOINTED BY a  1,049        

life insurance company authorized to deliver or issue for          1,051        

delivery in this state policies, annuities, or other contracts     1,052        

providing variable or fixed and variable benefits or contractual   1,053        

payments pursuant to section 3911.011 of the Revised Code, may,    1,054        

upon written application of such company and upon a proper         1,055        

showing that all of such THE corporation's, PARTNERSHIP'S, OR      1,057        

LIMITED LIABILITY COMPANY'S employees who will negotiate for,      1,058        

place, or renew any such policies, annuities, or contracts on      1,059        

behalf of such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY  1,060        

COMPANY have been issued licenses as variable contract agents      1,062        

pursuant to division (A) of this section, be licensed by the       1,063        

superintendent of insurance as a variable contract agent.          1,064        

      (D)  The superintendent of insurance may, for cause shown    1,066        

and after hearing, revoke the variable contract agent's license    1,067        

                                                          23     

                                                                 
issued to such corporation, PARTNERSHIP, OR LIMITED LIABILITY      1,068        

COMPANY, or suspend such THE license until such condition as he    1,071        

THE SUPERINTENDENT finds existing ceases to exist.  The            1,072        

revocation or suspension of such THE corporation's,                1,073        

PARTNERSHIP'S, OR LIMITED LIABILITY COMPANY'S license as a life    1,074        

insurance agent or failure to renew such license shall be cause    1,076        

for revoking or suspending, as the case may be, such THE           1,077        

corporation's, PARTNERSHIP'S, OR LIMITED LIABILITY COMPANY'S       1,078        

license as a variable contract agent.  The finding of the          1,079        

superintendent, either in refusing to grant a license or in        1,080        

revoking a license, shall be in writing and state the facts upon   1,081        

which his THE SUPERINTENDENT'S action is based.  The action of     1,082        

the superintendent in granting, revoking, continuing, or refusing  1,084        

to grant, revoke, or continue such license, shall be subject to    1,085        

review in accordance with Chapter 119. of the Revised Code.        1,086        

      (E)  Unless revoked or suspended by the superintendent OR    1,088        

SURRENDERED BY THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY  1,089        

COMPANY, or unless the company by written notice to the            1,090        

superintendent cancels the agent's authority to act for it, a      1,091        

variable contract agent's license, and any other license issued    1,092        

to an agent may, in the discretion of the superintendent and at    1,093        

the request of the company and payment of the required fee, be     1,094        

CONTINUES IN FORCE UNTIL THE CORPORATION, PARTNERSHIP, OR LIMITED  1,095        

LIABILITY COMPANY CEASES TO EXIST.                                 1,096        

      (F)  EACH LIFE INSURANCE COMPANY SHALL CERTIFY TO THE        1,099        

SUPERINTENDENT BEFORE THE THIRTIETH DAY OF JUNE EACH YEAR THE      1,101        

NAMES AND ADDRESSES OF THE VARIABLE CONTRACT AGENTS FOR WHOM IT    1,102        

REQUESTS APPOINTMENTS OR THE CONTINUANCE OF APPOINTMENTS.  SUCH    1,103        

AN APPOINTMENT, UNLESS CANCELED BY THE INSURANCE COMPANY, MAY BE   1,104        

continued IN FORCE past the thirtieth day of June next after its   1,106        

issue and after the thirtieth day of June in each succeeding       1,107        

year.  Except as provided in section 3905.011 of the Revised       1,108        

Code, all ALL domestic, foreign, and alien companies shall pay a   1,110        

fee of twenty dollars for every such license APPOINTMENT WHEN      1,111        

                                                          24     

                                                                 
ISSUED and for each continuance thereafter.  While such license    1,113        

APPOINTMENT remains in force, a foreign company shall be bound by  1,116        

the acts of the person named therein IN THE APPOINTMENT, within    1,117        

his THE PERSON'S APPARENT authority as its authorized agent.       1,119        

      Sec. 3905.27.  The superintendent of insurance may open an   1,128        

account in the name of each insurance company authorized to do     1,129        

business in this state and in the name of any authorized           1,130        

insurance agent, and charge said THE accounts with all fees        1,131        

incurred by such companies or agents in accordance with sections   1,133        

3905.01, 3905.02, 3905.03, 3905.07, 3905.26, 3919.26, and 3931.03  1,134        

of the Revised Code, and other statutes imposing fees.  The        1,136        

statutory fee for each service requested shall be charged against  1,137        

the proper account forthwith upon the rendition of the service.    1,138        

      Not later than the tenth day of each calendar month the      1,140        

superintendent shall render an itemized statement to each company  1,141        

or agent whose account has been charged during the month next      1,142        

preceding, showing the amount of all fees charged during said      1,143        

THAT month and demanding that payment thereof be made not later    1,145        

than the first day of the month next following.                    1,146        

      The failure of any insurance company within said THAT time   1,148        

to pay the amount of such fees in accordance with such THE         1,149        

monthly statement, or, if said THE statement or account is found   1,150        

to be incorrect, in accordance with a corrected monthly statement  1,151        

rendered by the superintendent, is grounds for the revocation of   1,152        

its certificate of authority to do business in this state.  In     1,153        

the event of such an order of revocation, the superintendent       1,154        

shall forthwith cause a notice thereof to be published once in at  1,155        

least one newspaper at the seat of the government and also, if a   1,156        

domestic company, once in at least one newspaper published in the  1,157        

county where its home office is located, or, if a foreign or       1,158        

alien company, once in at least one newspaper published in a       1,159        

county of this state where an agency of such THE company is        1,160        

located. After the publication of such THE notice, no agent of     1,162        

such THE company shall procure applications for insurance or       1,164        

                                                          25     

                                                                 
issue policies.                                                                 

      In the event of the failure of any agent within the time     1,166        

fixed to pay the amount of fees charged against his THE AGENT'S    1,167        

account in accordance with the monthly statement rendered by the   1,169        

superintendent, such THE agent's license may be revoked in the     1,170        

manner provided by sections 3905.01 3905.02 and 3905.18 of the     1,172        

Revised Code.                                                      1,173        

      Sec. 3905.30.  The superintendent of insurance may issue a   1,182        

surplus line broker's license to any natural person who is a       1,184        

citizen of the United States and has been a resident of this OR    1,186        

ANY OTHER state OR A PROVINCE OF CANADA, OR TO ANY CORPORATION,    1,187        

PARTNERSHIP, OR LIMITED LIABILITY COMPANY THAT IS ORGANIZED UNDER  1,188        

THE LAWS OF THIS OR ANY OTHER STATE OR A PROVINCE OF CANADA.  THE  1,189        

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

least two years prior to making application for the SURPLUS LINE   1,192        

BROKER'S license.  The applicant shall also have met the           1,193        

standards and passed the test provided for the issuance of a       1,195        

multiple line agent's license.  A surplus line broker's license    1,196        

permits the person named in the license to negotiate for and       1,197        

obtain insurance, other than life insurance, on property or        1,199        

persons in this state in insurers not authorized to transact       1,200        

business in this state.  Each such license expires on the                       

thirty-first day of January next after the year in which it is     1,201        

issued, and may be then renewed.                                   1,202        

      Sec. 3905.40.  The superintendent of insurance shall MAY     1,211        

issue no A license to any person as agent of an insurance company  1,213        

if such person INDIVIDUAL WHO is a resident of a ANOTHER state     1,216        

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

as agents of insurance companies in such state; if the             1,217        

superintendent is satisfied that any person holding a license as   1,218        

such agent is a resident of such state, he shall revoke such       1,220        

license OR A PROVINCE OF CANADA, OR TO ANY CORPORATION,            1,221        

PARTNERSHIP, OR LIMITED LIABILITY COMPANY THAT IS ORGANIZED UNDER  1,222        

THE LAWS OF ANOTHER STATE OR A PROVINCE OF CANADA.  FOR THE        1,223        

                                                          26     

                                                                 
PURPOSE OF ACCORDING SUCH AN APPLICANT THE FULL PRIVILEGES OF AN   1,225        

INSURANCE AGENT IN THIS STATE, THE SUPERINTENDENT SHALL ACCEPT     1,226        

THE LICENSING OBLIGATIONS, PROHIBITIONS, AND REQUIREMENTS THAT     1,227        

ARE IMPOSED UPON THE APPLICANT BY THE INSURANCE AUTHORITY AND      1,228        

LAWS OF THE STATE OR OF THE PROVINCE OF CANADA OF WHICH THE        1,230        

APPLICANT IS A RESIDENT, OR UNDER WHICH THE APPLICANT IS                        

ORGANIZED, AS SATISFYING THE LICENSING OBLIGATIONS, PROHIBITIONS,  1,232        

AND REQUIREMENTS OF THIS STATE, EXCEPT FOR THOSE OBLIGATIONS,      1,233        

PROHIBITIONS, AND REQUIREMENTS IMPOSED UNDER SECTION 3905.41 OF    1,234        

THE REVISED CODE.                                                  1,235        

      FOR PURPOSES OF THIS SECTION, THE LICENSING REQUIREMENTS     1,238        

THAT MUST BE ACCEPTED BY THE SUPERINTENDENT INCLUDE THE            1,239        

REQUIREMENTS FOR PRELICENSING AND CONTINUING EDUCATION OF THE      1,240        

OTHER STATE OR PROVINCE.                                                        

      Sec. 3905.48.  (A)  On and after July 1, 1987, no NO         1,249        

person, unless the person has complied with division (B) of this   1,250        

section, shall be permitted to take an examination for a license   1,252        

as an agent or solicitor to engage in the sale of any of the       1,253        

following types of insurance:                                      1,254        

      (1)  Life insurance, annuity contracts, variable annuity     1,256        

contracts, and variable life insurance;                            1,257        

      (2)  Sickness and accident insurance;                        1,259        

      (3)  All lines of property and casualty insurance;           1,261        

      (4)  All other lines of insurance for which an examination   1,263        

is required for licensing, except title insurance.                 1,264        

      (B)  No person shall be permitted to take an examination     1,266        

described in division (A) of this section unless either of the     1,267        

following applies:                                                 1,268        

      (1)  The person has earned a bachelor's or associate's       1,270        

degree in insurance in an accredited institution;                  1,271        

      (2)  The person has been granted a diploma for successfully  1,273        

completing a high school curriculum under section 3313.61 of the   1,274        

Revised Code or a certificate of high school equivalence under     1,275        

rule 3301-41-1 of the Administrative Code, or been granted a       1,276        

                                                          27     

                                                                 
comparable diploma or certificate by another state, and has        1,277        

successfully completed at least forty hours of study in a program  1,278        

of insurance education approved by the superintendent of           1,279        

insurance in consultation with the insurance agent education       1,280        

advisory council under criteria established by the                 1,281        

superintendent.                                                    1,282        

      Sec. 3905.481.  (A)(1)  Except as provided in division (B)   1,291        

of this section, each person who is issued a license as an agent   1,292        

or solicitor on and OR after July 1, 1993, THE EFFECTIVE DATE OF   1,294        

THIS AMENDMENT shall complete in accordance with division (A)(1)   1,295        

of this section at least thirty TWENTY hours of continuing         1,296        

education instruction offered in a course or program of study      1,298        

approved by the superintendent of insurance in consultation with   1,299        

the insurance agent education advisory council.  The person shall  1,300        

complete the initial thirty TWENTY hours of continuing education   1,302        

instruction during a period not to exceed twenty-four months       1,303        

commencing on the first day of January of the year immediately     1,304        

following the year of the issuance of the license and ending on    1,305        

the thirty-first day of December of the second year following the  1,306        

year of the issuance of the license.  Thereafter, the person       1,307        

shall complete at least thirty TWENTY hours of continuing          1,308        

education instruction in every subsequent twenty-four-month        1,309        

period commencing on the first day of January and ending on the    1,310        

thirty-first day of December of the following year.                1,311        

      (2)  Except as provided in division (B) of this section,     1,313        

each person who, on July 1, 1993 THE EFFECTIVE DATE OF THIS        1,314        

AMENDMENT, holds a license as an agent or solicitor issued prior   1,316        

to that date shall complete, no later than December 31, 1995       1,317        

DURING THAT PERSON'S APPLICABLE TWENTY-FOUR MONTH REPORTING        1,318        

PERIOD, at least thirty TWENTY hours of continuing education       1,319        

instruction offered in a course or program of study approved by    1,320        

the superintendent in consultation with the council.  Thereafter,  1,321        

the person shall complete at least thirty TWENTY hours of such     1,323        

continuing education instruction in every subsequent               1,324        

                                                          28     

                                                                 
twenty-four-month period commencing on the first day of January    1,325        

of every even-numbered year and ending on the thirty-first day of  1,326        

December of every odd-numbered year THE FOLLOWING YEAR.            1,327        

      (B)  Division (A) of this section does not apply to any      1,329        

person or class of persons, as determined by the superintendent    1,331        

in consultation with the council.                                  1,332        

      (C)  A person may comply with division (A) of this section   1,334        

by demonstrating to the council that the person has completed the  1,338        

minimum number of hours required by that division in a             1,339        

substantially similar course or program of study offered in        1,340        

another state.                                                                  

      Sec. 3905.482.  (A)  The superintendent of insurance shall   1,349        

suspend the agent's or solicitor's license of any person who       1,350        

fails to meet the requirements of section 3905.481 of the Revised  1,351        

Code and has not been granted under division (B) of this section   1,352        

an extension of time within which to complete the requirements.    1,353        

The suspension shall continue until the person demonstrates to     1,354        

the satisfaction of the superintendent that he THE PERSON has      1,355        

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

Code and all other provisions of this chapter.  However, the       1,358        

superintendent shall revoke the license if the person fails to     1,359        

demonstrate such compliance within six months after the            1,360        

conclusion of the immediately preceding twenty-four-month          1,361        

compliance period and has not been granted under division (B) of   1,362        

this section an extension of time within which to complete the     1,363        

requirements.  Any person whose license has been revoked under     1,364        

this division and who desires to hold a license as an agent or     1,365        

solicitor under this chapter shall apply for a new agent's or      1,366        

solicitor's license in accordance with the requirements of this    1,367        

chapter.                                                                        

      (B)  If a person cannot meet the requirements of section     1,369        

3905.481 of the Revised Code due to a disability or inactivity     1,370        

due to special circumstances, the superintendent may grant the     1,371        

person a reasonable extension of time to enable the person to      1,372        

                                                          29     

                                                                 
comply with the requirements of section 3905.481 of the Revised    1,373        

Code for the period of the disability or inactivity.               1,374        

      (C)  Before revoking or suspending any agent's or            1,376        

solicitor's license under this section, the superintendent shall   1,377        

provide the licensee notice and an opportunity for a hearing in    1,378        

accordance with Chapter 119. of the Revised Code.                  1,379        

      Sec. 3905.49.  (A)  AS USED IN THIS SECTION:                 1,389        

      (1)  "INSURER" HAS THE SAME MEANING AS IN SECTION 3901.32    1,392        

OF THE REVISED CODE.                                               1,393        

      (2)  "REFUSAL TO ISSUE OR RENEW" MEANS THE DECISION OF THE   1,396        

SUPERINTENDENT OF INSURANCE NOT TO PROCESS EITHER THE INITIAL      1,397        

APPLICATION FOR A LICENSE AS AN AGENT OR THE RENEWAL OF SUCH A     1,398        

LICENSE.                                                                        

      (3)  "REVOCATION" MEANS THE PERMANENT TERMINATION OF ALL     1,401        

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

      (4)  "SURRENDER FOR CAUSE" MEANS THE VOLUNTARY TERMINATION   1,404        

OF ALL AUTHORITY TO HOLD ANY LICENSE AS AN AGENT IN THIS STATE,    1,405        

IN LIEU OF A REVOCATION OR SUSPENSION ORDER.                       1,406        

      (5)  "SUSPENSION" MEANS THE TERMINATION OF ALL AUTHORITY TO  1,409        

HOLD ANY LICENSE AS AN AGENT IN THIS STATE, FOR EITHER A           1,410        

SPECIFIED PERIOD OF TIME OR AN INDEFINITE PERIOD OF TIME AND       1,411        

UNDER ANY TERMS OR CONDITIONS DETERMINED BY THE SUPERINTENDENT.    1,412        

      (B)  The superintendent of insurance may suspend, revoke,    1,416        

refuse to continue or renew, or refuse to issue OR RENEW any       1,417        

license as an agent, SURPLUS LINE BROKER, or solicitor LIMITED     1,418        

INSURANCE REPRESENTATIVE, OR IMPOSE ANY OTHER SANCTION AUTHORIZED  1,419        

under this chapter, if the superintendent finds any FOR one or     1,421        

more of the following REASONS:                                     1,422        

      (1)  The person has made a false OBTAINING OR ATTEMPTING TO  1,425        

OBTAIN ANY LICENSE OR APPOINTMENT THROUGH MISREPRESENTATION OR     1,426        

FRAUD, INCLUDING MAKING ANY MATERIALLY UNTRUE statement with       1,428        

respect to a material matter in the license AN application FOR A   1,429        

LICENSE OR APPOINTMENT;                                            1,430        

      (2)  Any cause for which issuance of the license could have  1,432        

                                                          30     

                                                                 
been refused had it existed and been known to the superintendent   1,433        

at the time of issuance;                                           1,434        

      (3)  The person has violated VIOLATING or failed FAILING to  1,437        

comply with any insurance law or any lawful, rule, SUBPOENA,       1,438        

CONSENT AGREEMENT, or order of the superintendent or the           1,440        

commissioner of insurance of another state;                                     

      (4)  The person has obtained or attempted to obtain any      1,442        

such license through mispresentation or fraud;                     1,443        

      (5)  The person has improperly withheld, misappropriated,;   1,445        

      (3)  MISAPPROPRIATING or converted CONVERTING to the         1,448        

person's own use any moneys belonging to policyholders, insurers   1,450        

PROSPECTIVE POLICYHOLDERS, beneficiaries, INSURANCE COMPANIES, or  1,451        

others received in the course of the person's insurance business;  1,452        

      (4)  FAILING TO TIMELY SUBMIT AN APPLICATION FOR INSURANCE.  1,455        

FOR PURPOSES OF DIVISION (B)(4) OF THIS SECTION, A SUBMISSION IS   1,457        

CONSIDERED TIMELY IF IT OCCURS WITHIN THE TIME PERIOD EXPRESSLY    1,458        

PROVIDED FOR BY THE INSURER, OR WITHIN SEVEN DAYS AFTER THE AGENT  1,459        

ACCEPTS A PREMIUM OR AN ORDER TO BIND FROM A POLICYHOLDER OR       1,460        

APPLICANT, WHICHEVER IS LATER.                                                  

      (6)  The person has knowingly misrepresented (5)  KNOWINGLY  1,463        

MISREPRESENTING the terms, BENEFITS, VALUE, COST, OR EFFECTIVE     1,464        

DATES of any actual or proposed insurance policy or contract;      1,465        

      (7)  The person has been (6)  BEING convicted of a felony.   1,468        

If a person has been convicted of a felony based on evidence of    1,470        

acts or omissions related to the insurance business, the           1,471        

superintendent shall revoke any license issued to such person for  1,472        

a period of not less than two years.  If the person did not hold   1,473        

a license at the time of the conviction, no license shall be       1,474        

issued to the person for a period of two years after the date of   1,475        

the conviction.                                                    1,476        

      (8)  The person is guilty of;                                1,478        

      (7)  BEING CONVICTED OF A MISDEMEANOR THAT INVOLVES THE      1,481        

MISUSE OR THEFT OF MONEY OR PROPERTY BELONGING TO ANOTHER, FRAUD,  1,482        

FORGERY, DISHONEST ACTS, OR BREACH OF A FIDUCIARY DUTY, OR THAT    1,483        

                                                          31     

                                                                 
IS BASED ON ANY ACT OR OMISSION RELATING TO THE BUSINESS OF        1,484        

INSURANCE, SECURITIES, OR FINANCIAL SERVICES;                      1,485        

      (8)  COMMITTING an unfair or deceptive trade act OR          1,489        

practice or fraud under any section of Title XXXIX of the Revised  1,490        

Code OR ANY RULE ADOPTED THEREUNDER;                                            

      (9)  In the conduct of the person's affairs under a          1,492        

license, the person has used fraudulent, coercive, or dishonest    1,493        

practices, or is incompetent, untrustworthy, or financially        1,494        

irresponsible;                                                     1,495        

      (10)  The person's HAVING AN INSURANCE license has been      1,497        

suspended or revoked in any other state, province, district, or    1,499        

territory;                                                                      

      (11)  The person has forged (10)  FORGING OR CAUSING THE     1,501        

FORGERY OF another's name to ANY DOCUMENT RELATED TO OR USED IN    1,503        

an application for insurance TRANSACTION;                          1,504        

      (12)  The person has cheated (11)  POSSESSING OR USING ANY   1,507        

UNAUTHORIZED MATERIALS DURING A LICENSING OR CONTINUING EDUCATION  1,508        

EXAMINATION OR CHEATING on an A LICENSING OR CONTINUING EDUCATION  1,509        

examination for an insurance license.                              1,510        

      (B)  The license of a partnership or corporation may be      1,512        

suspended, revoked, or refused if the superintendent finds, after  1,513        

notice and hearing under Chapter 119. of the Revised Code, that    1,514        

an individual licensee's violation was known or should have been   1,515        

known by one or more of the partners, officers, directors, or      1,516        

managers acting on behalf of the partnership or corporation and    1,517        

such violation was not reported to the department of insurance or  1,518        

corrective action taken in relation to the violation;              1,519        

      (12)  FAILING TO DISCLOSE TO AN APPLICANT FOR INSURANCE OR   1,522        

POLICYHOLDER UPON ACCEPTING A PREMIUM OR AN ORDER TO BIND          1,523        

COVERAGE FROM THE APPLICANT OR POLICYHOLDER, THAT THE PERSON HAS   1,524        

NOT BEEN APPOINTED AS AGENT BY THE INSURER AND IS NOT AN           1,525        

APPOINTED SOLICITOR OF AN APPOINTED AGENT;                                      

      (13)  HAVING ANY PROFESSIONAL LICENSE SUSPENDED OR REVOKED   1,528        

AS A RESULT OF A MISHANDLING OF FUNDS OR BREACH OF FIDUCIARY       1,529        

                                                          32     

                                                                 
RESPONSIBILITIES;                                                  1,530        

      (14)  CAUSING OR PERMITTING A POLICYHOLDER OR APPLICANT FOR  1,533        

INSURANCE TO DESIGNATE THE PERSON OR THE PERSON'S SPOUSE, PARENT,  1,534        

CHILD, OR SIBLING AS THE BENEFICIARY OF A POLICY OR ANNUITY SOLD   1,535        

BY THE PERSON, UNLESS THE PERSON OR A RELATIVE OF THE PERSON IS    1,536        

THE INSURED OR APPLICANT;                                                       

      (15)  FAILING TO PROVIDE A WRITTEN RESPONSE TO THE           1,538        

DEPARTMENT OF INSURANCE WITHIN THIRTY DAYS AFTER RECEIPT OF ANY    1,540        

WRITTEN INQUIRY FROM THE DEPARTMENT;                                            

      (16)  FAILING TO NOTIFY THE SUPERINTENDENT OF ANY CHANGE IN  1,543        

THE PERSON'S ADDRESS, WITHIN THIRTY DAYS AFTER THE CHANGE OCCURS,  1,545        

AS REQUIRED BY SECTION 3905.54 OF THE REVISED CODE;                             

      (17)  TRANSFERRING OR PLACING INSURANCE WITH AN INSURER      1,547        

OTHER THAN THE INSURER EXPRESSLY CHOSEN BY THE APPLICANT FOR       1,548        

INSURANCE OR POLICYHOLDER WITHOUT THE CONSENT OF THE APPLICANT OR  1,549        

POLICYHOLDER OR ABSENT EXTENUATING CIRCUMSTANCES;                  1,550        

      (18)  ENGAGING IN ANY FRAUDULENT OR COERCIVE PRACTICE IN     1,553        

CONNECTION WITH THE BUSINESS OF INSURANCE;                                      

      (19)  FAILING TO INFORM A POLICYHOLDER OR APPLICANT FOR      1,555        

INSURANCE OF THE IDENTITY OF THE INSURER OR INSURERS, OR THE       1,556        

IDENTITY OF ANY OTHER INSURANCE AGENT, GENERAL AGENT, SURPLUS      1,557        

LINE BROKER, OR LICENSEE KNOWN TO BE INVOLVED IN PROCURING,        1,558        

PLACING, OR CONTINUING THE INSURANCE FOR THE POLICYHOLDER OR       1,559        

APPLICANT, UPON THE BINDING OF THE COVERAGE;                       1,560        

      (20)  IN THE CASE OF AN AGENT THAT IS A CORPORATION,         1,562        

LIMITED LIABILITY COMPANY, OR PARTNERSHIP, FAILING TO REPORT AN    1,563        

INDIVIDUAL LICENSEE'S VIOLATION TO THE DEPARTMENT WHEN THE         1,564        

VIOLATION WAS KNOWN OR SHOULD HAVE BEEN KNOWN BY ONE OR MORE OF    1,565        

THE PARTNERS, OFFICERS, MANAGERS, OR MEMBERS OF THE CORPORATION,   1,566        

LIMITED LIABILITY COMPANY, OR PARTNERSHIP;                         1,567        

      (21)  SUBMITTING OR USING A DOCUMENT IN THE CONDUCT OF THE   1,570        

BUSINESS OF INSURANCE WHEN THE PERSON KNEW OR SHOULD HAVE KNOWN    1,571        

THAT THE DOCUMENT CONTAINED THE FORGED SIGNATURE OF ANOTHER        1,572        

PERSON;                                                                         

                                                          33     

                                                                 
      (22)  MISREPRESENTING THE PERSON'S QUALIFICATIONS OR USING   1,575        

IN ANY WAY A PROFESSIONAL DESIGNATION THAT HAS NOT BEEN CONFERRED  1,576        

UPON THE PERSON BY THE APPROPRIATE ACCREDITING ORGANIZATION;       1,577        

      (23)  OBTAINING A PREMIUM LOAN OR CAUSING A PREMIUM LOAN TO  1,580        

BE MADE TO OR IN THE NAME OF AN INSURED WITHOUT THAT PERSON'S      1,581        

KNOWLEDGE AND WRITTEN AUTHORIZATION;                                            

      (24)  FAILING TO NOTIFY THE SUPERINTENDENT OF ANY            1,583        

DISCIPLINARY ACTION TAKEN BY THE INSURANCE AUTHORITY OF ANOTHER    1,584        

STATE, WITHIN SIXTY DAYS AFTER THE ACTION WAS TAKEN, AS REQUIRED   1,586        

BY SECTION 3905.54 OF THE REVISED CODE;                                         

      (25)  FAILING TO FILE ANY OF THE REPORTS OR NOTICES          1,588        

REQUIRED UNDER THIS CHAPTER;                                       1,589        

      (26)  SUBMITTING AN APPLICATION FOR INSURANCE, OR CAUSING    1,592        

THE ISSUANCE OF AN INSURANCE POLICY OR CONTRACT, ON BEHALF OF AN   1,593        

APPLICANT WHO DID NOT REQUEST OR AUTHORIZE THE INSURANCE.          1,594        

DIVISION (B)(26) OF THIS SECTION DOES NOT APPLY TO ANY POLICY      1,595        

ISSUED BY AN OTHER THAN LIFE INSURANCE COMPANY.                                 

      (27)  USING PAPER, SOFTWARE, OR ANY OTHER MATERIALS OF OR    1,598        

PROVIDED BY AN INSURER AFTER THE INSURER HAS TERMINATED THE                     

AUTHORITY OF THE LICENSEE, IF THE USE OF SUCH MATERIALS WOULD      1,599        

CAUSE A REASONABLE PERSON TO BELIEVE THAT THE LICENSEE WAS ACTING  1,601        

ON BEHALF OF OR OTHERWISE REPRESENTING THE INSURER;                1,602        

      (28)  PROVIDING MISLEADING, DECEPTIVE, OR UNTRUE             1,604        

INFORMATION TO AN APPLICANT FOR INSURANCE OR A POLICYHOLDER        1,605        

REGARDING A PARTICULAR INSURANCE AGENT, COMPANY, OR PRODUCT;       1,607        

      (29)  SOLICITING, PROCURING AN APPLICATION FOR, OR PLACING,  1,610        

EITHER DIRECTLY OR INDIRECTLY, ANY INSURANCE POLICY WHEN THE       1,611        

PERSON IS NOT AUTHORIZED UNDER THIS CHAPTER TO ENGAGE IN SUCH      1,612        

ACTIVITY;                                                                       

      (30)  SOLICITING, MARKETING, OR SELLING ANY PRODUCT OR       1,614        

SERVICE THAT OFFERS BENEFITS SIMILAR TO INSURANCE BUT IS NOT       1,615        

REGULATED BY THE SUPERINTENDENT, WITHOUT FULLY DISCLOSING TO THE   1,616        

PROSPECTIVE PURCHASER THAT THE PRODUCT OR SERVICE IS NOT           1,617        

INSURANCE AND IS NOT REGULATED BY THE SUPERINTENDENT;              1,618        

                                                          34     

                                                                 
      (31)  FAILING TO FULFILL A REFUND OBLIGATION IN A TIMELY     1,620        

MANNER.  FOR PURPOSES OF DIVISION (B)(31) OF THIS SECTION, A       1,622        

REBUTTABLE PRESUMPTION EXISTS THAT A REFUND OBLIGATION IS NOT      1,623        

FULFILLED IN A TIMELY MANNER UNLESS IT IS FULFILLED WITHIN ONE OF  1,624        

THE FOLLOWING TIME PERIODS:                                        1,625        

      (a)  THIRTY DAYS AFTER THE DATE THE POLICYHOLDER,            1,628        

APPLICANT, OR INSURER TAKES OR REQUESTS ACTION RESULTING IN A      1,629        

REFUND;                                                                         

      (b)  THIRTY DAYS AFTER THE DATE OF THE INSURER'S REFUND      1,632        

CHECK, IF THE AGENT IS EXPECTED TO ISSUE A PORTION OF THE TOTAL    1,633        

REFUND;                                                                         

      (c)  FORTY-FIVE DAYS AFTER THE DATE OF THE AGENT'S           1,636        

STATEMENT OF ACCOUNT ON WHICH THE REFUND FIRST APPEARS.            1,637        

      (C)  Before denying, revoking, suspending, or refusing to    1,639        

continue or renew ISSUE any license or imposing any penalty under  1,641        

this section OR SECTION 3905.482 OF THE REVISED CODE, the          1,642        

superintendent shall provide THE LICENSEE OR APPLICANT WITH        1,644        

notice and an opportunity for hearing, under AS PROVIDED IN        1,645        

Chapter 119. of the Revised Code, to the licensee or applicant     1,647        

and any insurer represented by the licensee or applicant EXCEPT    1,649        

AS FOLLOWS:                                                                     

      (1)(a)  ANY NOTICE OF OPPORTUNITY FOR HEARING, THE HEARING   1,651        

OFFICER'S FINDINGS AND RECOMMENDATIONS, OR THE SUPERINTENDENT'S    1,653        

ORDER SHALL BE SERVED BY CERTIFIED MAIL AT THE LAST KNOWN ADDRESS  1,654        

OF THE LICENSEE OR APPLICANT.  SERVICE SHALL BE EVIDENCED BY       1,655        

RETURN RECEIPT SIGNED BY ANY PERSON.                                            

      FOR PURPOSES OF THIS SECTION, THE "LAST KNOWN ADDRESS" IS    1,657        

THE ADDRESS THAT APPEARS IN THE LICENSING RECORDS OF THE           1,658        

DEPARTMENT OF INSURANCE.                                                        

      (b)  IF THE CERTIFIED MAIL ENVELOPE IS RETURNED WITH AN      1,661        

ENDORSEMENT SHOWING THAT SERVICE WAS REFUSED, OR THAT THE          1,662        

ENVELOPE WAS UNCLAIMED, THE NOTICE AND ALL SUBSEQUENT NOTICES                   

REQUIRED BY CHAPTER 119. OF THE REVISED CODE MAY BE SERVED BY      1,663        

ORDINARY MAIL TO THE LAST KNOWN ADDRESS OF THE LICENSEE OR         1,664        

                                                          35     

                                                                 
APPLICANT.  THE MAILING SHALL BE EVIDENCED BY A CERTIFICATE OF     1,665        

MAILING.  SERVICE IS DEEMED COMPLETE AS OF THE DATE OF SUCH        1,666        

CERTIFICATE PROVIDED THAT THE ORDINARY MAIL ENVELOPE IS NOT        1,667        

RETURNED BY THE POSTAL AUTHORITIES WITH AN ENDORSEMENT SHOWING     1,668        

FAILURE OF DELIVERY.  THE TIME PERIOD IN WHICH TO REQUEST A        1,669        

HEARING, AS PROVIDED IN CHAPTER 119. OF THE REVISED CODE, BEGINS   1,672        

TO RUN ON THE DATE OF MAILING.                                     1,673        

      (c)  IF SERVICE BY ORDINARY MAIL FAILS, THE SUPERINTENDENT   1,676        

MAY CAUSE A SUMMARY OF THE SUBSTANTIVE PROVISIONS OF THE NOTICE    1,677        

TO BE PUBLISHED ONCE A WEEK FOR THREE CONSECUTIVE WEEKS IN A       1,678        

NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY WHERE THE LAST      1,679        

KNOWN PLACE OF RESIDENCE OR BUSINESS OF THE PARTY IS LOCATED.      1,680        

THE NOTICE IS CONSIDERED SERVED ON THE DATE OF THE THIRD           1,681        

PUBLICATION.                                                                    

      (d)  ANY NOTICE REQUIRED TO BE SERVED UNDER CHAPTER 119. OF  1,684        

THE REVISED CODE SHALL ALSO BE SERVED UPON THE PARTY'S ATTORNEY    1,687        

BY ORDINARY MAIL IF THE ATTORNEY HAS ENTERED AN APPEARANCE IN THE  1,688        

MATTER.                                                                         

      (e)  THE SUPERINTENDENT MAY, AT ANY TIME, PERFECT SERVICE    1,691        

ON A PARTY BY PERSONAL DELIVERY OF THE NOTICE BY AN EMPLOYEE OF    1,692        

THE DEPARTMENT.                                                                 

      (f)  NOTICES REGARDING THE SCHEDULING OF HEARINGS AND ALL    1,695        

OTHER MATTERS NOT DESCRIBED IN DIVISION (C)(1)(a) OF THIS SECTION  1,697        

SHALL BE SENT BY ORDINARY MAIL TO THE PARTY AND TO THE PARTY'S     1,698        

ATTORNEY.                                                                       

      (2)  ANY SUBPOENA FOR THE APPEARANCE OF A WITNESS OR THE     1,701        

PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE AT A HEARING, OR FOR     1,702        

THE PURPOSE OF TAKING TESTIMONY FOR USE AT A HEARING, SHALL BE     1,703        

SERVED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, BY AN                       

ATTORNEY OR BY AN EMPLOYEE OF THE DEPARTMENT DESIGNATED BY THE     1,704        

SUPERINTENDENT.  SUCH SUBPOENAS SHALL BE ENFORCED IN THE MANNER    1,705        

PROVIDED IN SECTION 119.09 OF THE REVISED CODE.  NOTHING IN THIS   1,708        

SECTION SHALL BE CONSTRUED AS LIMITING THE SUPERINTENDENT'S OTHER  1,709        

STATUTORY POWERS TO ISSUE SUBPOENAS.                               1,710        

                                                          36     

                                                                 
      (D)  The IF THE superintendent DETERMINES THAT A VIOLATION   1,712        

DESCRIBED IN THIS SECTION HAS OCCURRED, THE SUPERINTENDENT may     1,713        

modify any order under this section and restore a license of or    1,715        

issue a license to a person if the superintendent finds, after     1,716        

notice and opportunity for hearing provided to affected parties,   1,717        

that the person can demonstrate all DO ANY of the following:       1,718        

      (1)  The person has made restitution for all pecuniary       1,720        

losses caused by his ASSESS A CIVIL FORFEITURE IN AN AMOUNT NOT    1,721        

EXCEEDING TWENTY-FIVE THOUSAND DOLLARS PER violation;              1,722        

      (2)  The person's character and reputation have been         1,724        

rehabilitated so that the person possesses the personal            1,725        

qualifications required for the initial issuance of a license;     1,726        

ASSESS ADMINISTRATIVE COSTS TO COVER THE EXPENSES INCURRED BY THE  1,728        

DEPARTMENT IN THE ADMINISTRATIVE ACTION, INCLUDING COSTS INCURRED  1,729        

IN THE INVESTIGATION AND HEARING PROCESSES.  ANY COSTS COLLECTED   1,730        

SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE         1,731        

DEPARTMENT OF INSURANCE OPERATING FUND CREATED IN SECTION                       

3901.021 OF THE REVISED CODE.                                      1,733        

      (3)  If the order was an order of revocation based on a      1,735        

conviction for felony based on evidence of acts or omissions       1,736        

related to the insurance business, that two years have elapsed     1,737        

since the effective date of the order, or if the order was an      1,738        

order denying a license because of such a conviction, that two     1,739        

years have elapsed since the date of the conviction SUSPEND ALL    1,741        

OF THE PERSON'S LICENSES FOR ALL LINES OF INSURANCE FOR EITHER A   1,742        

SPECIFIED PERIOD OF TIME OR AN INDEFINITE PERIOD OF TIME AND       1,743        

UNDER SUCH TERMS AND CONDITIONS AS THE SUPERINTENDENT MAY          1,744        

DETERMINE;                                                                      

      (4)  If required by the superintendent, the person passes    1,746        

the examination required for an initial issuance of the license    1,747        

PERMANENTLY REVOKE ALL OF THE PERSON'S LICENSES FOR ALL LINES OF   1,749        

INSURANCE;                                                                      

      (5)  REFUSE TO ISSUE A LICENSE;                              1,751        

      (6)  REFUSE TO RENEW A LICENSE;                              1,753        

                                                          37     

                                                                 
      (7)  PROHIBIT THE PERSON FROM BEING EMPLOYED IN ANY          1,755        

CAPACITY IN THE BUSINESS OF INSURANCE AND FROM HAVING ANY          1,756        

FINANCIAL INTEREST IN ANY INSURANCE AGENCY, COMPANY, OR            1,757        

THIRD-PARTY ADMINISTRATOR IN THIS STATE.  THE SUPERINTENDENT MAY,  1,759        

IN THE SUPERINTENDENT'S DISCRETION, DETERMINE THE NATURE,                       

CONDITIONS, AND DURATION OF SUCH RESTRICTIONS.                     1,760        

      (8)  ORDER CORRECTIVE ACTIONS IN LIEU OF OR IN ADDITION TO   1,763        

THE OTHER PENALTIES LISTED IN DIVISION (D) OF THIS SECTION.  SUCH  1,764        

AN ORDER MAY PROVIDE FOR THE SUSPENSION OF CIVIL FORFEITURES,      1,765        

LICENSE REVOCATION, LICENSE SUSPENSION, OR REFUSAL TO ISSUE OR     1,766        

RENEW A LICENSE IF THE LICENSEE COMPLIES WITH THE TERMS AND        1,767        

CONDITIONS OF THE CORRECTIVE ACTION ORDER.                         1,768        

      (9)  ACCEPT A SURRENDER FOR CAUSE OFFERED BY THE LICENSEE,   1,771        

WHICH SHALL BE FOR AT LEAST FIVE YEARS AND SHALL PROHIBIT THE      1,772        

LICENSEE FROM SEEKING ANY LICENSE AUTHORIZED UNDER THIS CHAPTER    1,773        

DURING THAT TIME PERIOD.  A SURRENDER FOR CAUSE MAY ALSO INCLUDE   1,774        

A CORRECTIVE ACTION ORDER AS PROVIDED IN DIVISION (D)(8) OF THIS   1,775        

SECTION.                                                                        

      (E)  The superintendent shall MAY consider the following     1,777        

standards FACTORS in denying a license, imposing suspensions,      1,778        

revocations, FINES, or refusals of continuations or renewals of    1,780        

licenses OTHER PENALTIES, AND ISSUING ORDERS UNDER THIS SECTION:   1,781        

      (1)  Whether the person acted in good faith and without      1,783        

knowledge of his violation and makes;                              1,784        

      (2)  WHETHER THE PERSON MADE restitution for any pecuniary   1,787        

losses suffered by other persons as a result of his THE PERSON'S   1,788        

actions.  In such cases, the maximum suspension shall be ninety    1,789        

days.                                                              1,790        

      (2)  Whether, within the meanings defined in section         1,792        

2901.22 of the Revised Code, the person acted purposely,           1,793        

knowingly, recklessly, or negligently;                             1,794        

      (3)  Whether the amount of money or the nature of the        1,796        

property involved in the violation would, if it were the subject   1,797        

of a criminal offense, make a theft offense a misdemeanor or a     1,798        

                                                          38     

                                                                 
felony THE ACTUAL HARM OR POTENTIAL FOR HARM TO OTHERS;            1,799        

      (4)  The degree of trust placed in the person by, and the    1,801        

incompetency, inexperience, or susceptibility to undue influence   1,802        

or duress VULNERABILITY of, any other person involved PERSONS WHO  1,804        

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

ACTIONS;                                                           1,805        

      (5)  The effect of the violation upon the perception by      1,807        

insureds and insurance customers of the ethics and integrity of    1,808        

the insurance industry WHETHER THE PERSON WAS THE SUBJECT OF ANY   1,809        

PREVIOUS ADMINISTRATIVE ACTIONS BY THE SUPERINTENDENT;             1,810        

      (6)  The extent to which NUMBER OF INDIVIDUALS ADVERSELY     1,812        

AFFECTED BY the person's conduct departed from the customary and   1,814        

usual ethical standards of persons engaged in the insurance        1,815        

business ACTS OR OMISSIONS;                                                     

      (7)  WHETHER THE PERSON VOLUNTARILY REPORTED THE VIOLATION,  1,817        

AND THE EXTENT OF THE PERSON'S COOPERATION AND ACCEPTANCE OF       1,818        

RESPONSIBILITY;                                                    1,819        

      (8)  WHETHER THE PERSON OBSTRUCTED OR IMPEDED, OR ATTEMPTED  1,822        

TO OBSTRUCT OR IMPEDE, THE SUPERINTENDENT'S INVESTIGATION;         1,823        

      (9)  THE PERSON'S EFFORTS TO CONCEAL THE MISCONDUCT;         1,826        

      (10)  REMEDIAL EFFORTS TO PREVENT FUTURE VIOLATIONS;         1,829        

      (11)  IF THE PERSON WAS CONVICTED OF A CRIMINAL OFFENSE,     1,832        

THE NATURE OF THE OFFENSE, WHETHER THE CONVICTION WAS BASED ON     1,833        

ACTS OR OMISSIONS TAKEN UNDER ANY PROFESSIONAL LICENSE, WHETHER    1,834        

THE OFFENSE INVOLVED THE BREACH OF A FIDUCIARY DUTY, THE AMOUNT    1,835        

OF TIME THAT HAS PASSED, AND THE PERSON'S ACTIVITIES SUBSEQUENT    1,836        

TO THE CONVICTION;                                                              

      (12)  Such other factors as the superintendent determines    1,838        

to be appropriate under the circumstances.                         1,839        

      (F)(1)  A VIOLATION DESCRIBED IN DIVISION (B)(1), (2), (3),  1,842        

(5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (17),       1,843        

(18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29),  1,845        

(30), OR (31) OF THIS SECTION IS A CLASS A OFFENSE FOR WHICH THE   1,846        

SUPERINTENDENT MAY IMPOSE ANY PENALTY SET FORTH IN DIVISION (D)    1,848        

                                                          39     

                                                                 
OF THIS SECTION.                                                                

      (2)  A VIOLATION DESCRIBED IN DIVISION (B)(4), (15), (16),   1,851        

OR (24) OF THIS SECTION IS A CLASS B OFFENSE FOR WHICH THE         1,853        

SUPERINTENDENT MAY IMPOSE ANY PENALTY SET FORTH IN DIVISION        1,855        

(D)(1), (2), (8), OR (9) OF THIS SECTION.                          1,856        

      (G)  IF A VIOLATION DESCRIBED IN THIS SECTION HAS CAUSED,    1,859        

IS CAUSING, OR IS ABOUT TO CAUSE SUBSTANTIAL AND MATERIAL HARM,    1,860        

THE SUPERINTENDENT MAY ISSUE AN ORDER REQUIRING THAT PERSON TO     1,861        

CEASE AND DESIST FROM ENGAGING IN THE VIOLATION.  NOTICE OF THE    1,862        

ORDER SHALL BE MAILED BY CERTIFIED MAIL, RETURN RECEIPT            1,863        

REQUESTED, OR SERVED IN ANY OTHER MANNER PROVIDED FOR IN THIS      1,864        

SECTION, IMMEDIATELY AFTER ITS ISSUANCE TO THE PERSON SUBJECT TO   1,865        

THE ORDER AND TO ALL PERSONS KNOWN TO BE INVOLVED IN THE           1,866        

VIOLATION.  THE SUPERINTENDENT MAY THEREAFTER PUBLICIZE OR         1,867        

OTHERWISE MAKE KNOWN TO ALL INTERESTED PARTIES THAT THE ORDER HAS  1,868        

BEEN ISSUED.                                                                    

      THE NOTICE SHALL SPECIFY THE PARTICULAR ACT, OMISSION,       1,870        

PRACTICE, OR TRANSACTION THAT IS SUBJECT TO THE CEASE-AND-DESIST   1,871        

ORDER AND SHALL SET A DATE, NOT MORE THAN FIFTEEN DAYS AFTER THE   1,872        

DATE OF THE ORDER, FOR A HEARING ON THE CONTINUATION OR            1,873        

REVOCATION OF THE ORDER.  THE PERSON SHALL COMPLY WITH THE ORDER   1,874        

IMMEDIATELY UPON RECEIPT OF NOTICE OF THE ORDER.                   1,875        

      THE SUPERINTENDENT MAY, UPON THE APPLICATION OF A PARTY AND  1,878        

FOR GOOD CAUSE SHOWN, CONTINUE THE HEARING.  CHAPTER 119. OF THE   1,879        

REVISED CODE APPLIES TO SUCH HEARINGS TO THE EXTENT THAT THAT      1,882        

CHAPTER DOES NOT CONFLICT WITH THE PROCEDURES SET FORTH IN THIS    1,883        

SECTION.  THE SUPERINTENDENT SHALL, WITHIN FIFTEEN DAYS AFTER      1,884        

OBJECTIONS ARE SUBMITTED TO THE HEARING OFFICER'S REPORT AND       1,885        

RECOMMENDATION, ISSUE A FINAL ORDER EITHER CONFIRMING OR REVOKING  1,886        

THE CEASE-AND-DESIST ORDER.  THE FINAL ORDER MAY BE APPEALED AS    1,887        

PROVIDED UNDER SECTION 119.12 OF THE REVISED CODE.                 1,889        

      THE REMEDY UNDER THIS DIVISION IS CUMULATIVE AND CONCURRENT  1,892        

WITH THE OTHER REMEDIES AVAILABLE UNDER THIS SECTION.                           

      (H)  IF THE SUPERINTENDENT HAS REASONABLE CAUSE TO BELIEVE   1,895        

                                                          40     

                                                                 
THAT AN ORDER ISSUED UNDER THIS SECTION HAS BEEN VIOLATED IN       1,896        

WHOLE OR IN PART, THE SUPERINTENDENT MAY REQUEST THE ATTORNEY      1,897        

GENERAL TO COMMENCE AND PROSECUTE ANY APPROPRIATE ACTION OR        1,898        

PROCEEDING IN THE NAME OF THE STATE AGAINST SUCH PERSON.           1,899        

      THE COURT MAY, IN AN ACTION BROUGHT PURSUANT TO THIS         1,901        

DIVISION, IMPOSE ANY OF THE FOLLOWING:                             1,902        

      (1)  FOR EACH VIOLATION, A CIVIL PENALTY OF NOT MORE THAN    1,905        

TWENTY-FIVE THOUSAND DOLLARS;                                                   

      (2)  INJUNCTIVE RELIEF;                                      1,907        

      (3)  RESTITUTION;                                            1,909        

      (4)  ANY OTHER APPROPRIATE RELIEF.                           1,911        

      (I)  THIS SECTION APPLIES TO BOTH RESIDENT AND NONRESIDENT   1,914        

AGENTS WHO ARE LICENSED UNDER THIS CHAPTER.                        1,915        

      (J)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE    1,918        

OR IMPLY A PRIVATE CAUSE OF ACTION AGAINST AN AGENT, SOLICITOR,    1,919        

OR INSURER.                                                                     

      Sec. 3905.491.  (A)  UPON WRITTEN APPLICATION OF A PERSON    1,922        

WHOSE LICENSE WAS SUSPENDED, REVOKED, OR SURRENDERED FOR CAUSE     1,923        

UNDER SECTION 3905.49 OF THE REVISED CODE, THE SUPERINTENDENT OF   1,925        

INSURANCE SHALL HOLD A HEARING TO DETERMINE WHETHER THE            1,926        

ADMINISTRATIVE ACTION IMPOSING SUCH SUSPENSION, REVOCATION, OR     1,927        

SURRENDER SHOULD BE MODIFIED, PROVIDED THAT ALL OF THE FOLLOWING   1,928        

CONDITIONS ARE MET:                                                1,929        

      (1)  AT LEAST FIVE YEARS HAVE ELAPSED SINCE THE DATE OF THE  1,932        

ADMINISTRATIVE ACTION SOUGHT TO BE MODIFIED;                                    

      (2)  AT LEAST TWO YEARS HAVE ELAPSED SINCE ANY PREVIOUS      1,934        

REQUEST FOR A MODIFICATION WAS MADE UNDER THIS SECTION;            1,935        

      (3)  THE BURDEN OF PROOF IS ON THE PERSON REQUESTING THE     1,938        

MODIFICATION.                                                                   

      (B)  THE MODIFICATION OF AN ORDER ISSUED OR CONSENT          1,941        

AGREEMENT ENTERED INTO UNDER SECTION 3905.49 OF THE REVISED CODE   1,943        

IS AT THE DISCRETION OF THE SUPERINTENDENT.  THE SUPERINTENDENT    1,944        

MAY MODIFY SUCH AN ORDER OR AGREEMENT IF THE SUPERINTENDENT FINDS  1,945        

ALL OF THE FOLLOWING:                                              1,946        

                                                          41     

                                                                 
      (1)  AT LEAST FIVE YEARS HAVE ELAPSED SINCE THE DATE OF THE  1,949        

ADMINISTRATIVE ACTION;                                                          

      (2)  THE PERSON IS OF GOOD BUSINESS REPUTE AND IS SUITABLE   1,952        

TO BE AN INSURANCE AGENT;                                                       

      (3)  THE PERSON HAS MADE RESTITUTION FOR ALL PECUNIARY       1,954        

LOSSES SUFFERED BY ANY PERSON AS A RESULT OF THE CONDUCT THAT      1,955        

GAVE RISE TO THE ADMINISTRATIVE ACTION;                            1,956        

      (4)  THE PERSON HAS NOT BEEN CONVICTED OF ANY FELONY OR OF   1,959        

ANY MISDEMEANOR DESCRIBED IN DIVISION (B)(7) OF SECTION 3905.49    1,960        

OF THE REVISED CODE UNLESS THE CONVICTION WAS THE SUBJECT OF A     1,963        

PREVIOUS ADMINISTRATIVE ACTION BY THE SUPERINTENDENT;              1,964        

      (5)  THE CIRCUMSTANCES SURROUNDING THE PREVIOUS VIOLATION    1,967        

ARE SUCH THAT IT IS UNLIKELY THE PERSON WOULD COMMIT SUCH          1,968        

OFFENSES IN THE FUTURE;                                                         

      (6)  THE PERSON'S CHARACTER HAS BEEN REHABILITATED.          1,971        

      (C)  THE ISSUANCE OF ANY LICENSE PURSUANT TO A MODIFICATION  1,974        

UNDER THIS SECTION SHALL BE CONDITIONED UPON THE SUCCESSFUL        1,975        

COMPLETION OF ALL PRELICENSING EDUCATION AND EXAMINATION           1,976        

REQUIREMENTS.                                                                   

      Sec. 3905.492.  (A)(1)  ALL RECORDS AND OTHER INFORMATION    1,978        

OBTAINED BY THE SUPERINTENDENT OF INSURANCE OR THE                 1,979        

SUPERINTENDENT'S DEPUTIES, EXAMINERS, ASSISTANTS, OR OTHER         1,980        

EMPLOYEES, OR AGENTS RELATING TO AN INVESTIGATION OF AN APPLICANT  1,981        

FOR LICENSURE UNDER THIS CHAPTER, OR OF AN AGENT, SOLICITOR,       1,982        

BROKER, OR OTHER PERSON LICENSED UNDER THIS CHAPTER OR CHAPTER     1,983        

3951., 3957., OR 3959. OF THE REVISED CODE, ARE CONFIDENTIAL AND   1,984        

ARE NOT PUBLIC RECORDS AS DEFINED IN SECTION 149.43 OF THE                      

REVISED CODE UNTIL THE APPLICANT OR LICENSEE IS PROVIDED NOTICE    1,985        

AND OPPORTUNITY FOR HEARING PURSUANT TO CHAPTER 119. OF THE        1,986        

REVISED CODE WITH RESPECT TO SUCH RECORDS OR INFORMATION.  IF NO   1,987        

ADMINISTRATIVE ACTION IS INITIATED WITH RESPECT TO A PARTICULAR    1,988        

MATTER ABOUT WHICH THE SUPERINTENDENT OBTAINED RECORDS OR OTHER                 

INFORMATION AS PART OF AN INVESTIGATION, ALL SUCH RECORDS AND      1,989        

INFORMATION RELATING TO THAT MATTER SHALL REMAIN CONFIDENTIAL FOR  1,990        

                                                          42     

                                                                 
THREE YEARS AFTER THE FILE ON THE MATTER IS CLOSED.                1,992        

      (2)  DIVISION (A)(1) OF THIS SECTION APPLIES ONLY TO         1,995        

INVESTIGATIONS THAT COULD RESULT IN ADMINISTRATIVE ACTION UNDER    1,997        

TITLE XVII OR XXXIX OR CHAPTER 119. OF THE REVISED CODE.           2,002        

      (B)  THE RECORDS AND OTHER INFORMATION DESCRIBED IN          2,005        

DIVISION (A) OF THIS SECTION SHALL REMAIN CONFIDENTIAL FOR ALL     2,006        

PURPOSES EXCEPT WHEN IT IS APPROPRIATE FOR THE SUPERINTENDENT AND  2,007        

THE SUPERINTENDENT'S DEPUTIES, EXAMINERS, ASSISTANTS, OR OTHER     2,008        

EMPLOYEES, OR AGENTS TO TAKE OFFICIAL ACTION REGARDING THE         2,010        

AFFAIRS OF THE APPLICANT OR LICENSEE OR IN CONNECTION WITH ACTUAL  2,011        

OR POTENTIAL CRIMINAL PROCEEDINGS.                                 2,012        

      (C)  EMPLOYEES OR AGENTS OF THE DEPARTMENT OF INSURANCE      2,015        

SHALL NOT BE REQUIRED BY ANY COURT IN THIS STATE TO TESTIFY IN A   2,016        

CIVIL ACTION, IF SUCH TESTIMONY CONCERNS ANY MATTER RELATED TO     2,017        

RECORDS OR ANY OTHER INFORMATION CONSIDERED CONFIDENTIAL UNDER     2,018        

THIS SECTION OF WHICH THEY HAVE KNOWLEDGE.                         2,019        

      (D)  THIS SECTION DOES NOT APPLY TO ANY COMPLAINT OR ACTION  2,021        

UNDER SECTION 3905.04 OF THE REVISED CODE.                         2,022        

      Sec. 3905.54.  EACH AGENT LICENSED UNDER THIS CHAPTER SHALL  2,025        

NOTIFY THE SUPERINTENDENT OF INSURANCE IN WRITING OF ALL OF THE    2,026        

FOLLOWING, AS APPLICABLE:                                                       

      (A)  ANY CHANGE IN THE AGENT'S ADDRESS, WITHIN THIRTY DAYS   2,030        

AFTER THE CHANGE OCCURS.  FOR PURPOSES OF THIS DIVISION,                        

"ADDRESS" MEANS RESIDENTIAL ADDRESS, BUSINESS ADDRESS, AND ANY     2,032        

OTHER ADDRESS OR ADDRESSES THE SUPERINTENDENT REQUIRES BY RULE     2,033        

ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.       2,036        

      (B)  ANY FELONY CONVICTION, OR ANY MISDEMEANOR CONVICTION    2,039        

DESCRIBED IN DIVISION (B)(7) OF SECTION 3905.49 OF THE REVISED     2,042        

CODE, WITHIN THIRTY DAYS AFTER SENTENCING.  THE NOTICE SHALL       2,043        

INCLUDE THE NAME OF THE COURT HAVING JURISDICTION OVER THE         2,044        

MATTER, THE CASE NUMBER, THE OFFENSE CHARGED, THE SENTENCE         2,045        

IMPOSED, AND A COPY OF THE JUDGMENT ENTRY.                         2,046        

      (C)  ANY DISCIPLINARY ACTION TAKEN BY THE INSURANCE          2,049        

AUTHORITY OF ANOTHER STATE, WITHIN SIXTY DAYS AFTER THE ACTION IS  2,050        

                                                          43     

                                                                 
TAKEN.                                                                          

      Sec. 3905.55.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF    2,053        

THIS SECTION, AN AGENT MAY CHARGE A CONSUMER A FEE IF ALL OF THE   2,054        

FOLLOWING CONDITIONS ARE MET:                                      2,055        

      (1)  THE FEE IS DISCLOSED TO THE CONSUMER IN A MANNER THAT   2,058        

SEPARATELY IDENTIFIES THE FEE AND THE PREMIUM.                                  

      (2)  THE FEE IS NOT CALCULATED AS A PERCENTAGE OF THE        2,060        

PREMIUM.                                                           2,061        

      (3)  THE FEE IS NOT REFUNDED, FORGIVEN, WAIVED, OFFSET, OR   2,064        

REDUCED BY ANY COMMISSION EARNED OR RECEIVED FOR ANY POLICY OR     2,065        

COVERAGE SOLD.                                                                  

      (4)  THE AMOUNT OF THE FEE, AND THE CONSUMER'S OBLIGATION    2,068        

TO PAY THE FEE, ARE NOT CONDITIONED UPON THE OCCURRENCE OF A       2,069        

FUTURE EVENT OR CONDITION, SUCH AS THE PURCHASE, CANCELLATION,     2,070        

LAPSE, DECLINATION, OR NONRENEWAL OF INSURANCE.                    2,071        

      (5)  THE AGENT DISCLOSES TO THE CONSUMER THAT THE FEE IS     2,074        

BEING CHARGED BY THE AGENT AND NOT BY THE INSURANCE COMPANY, THAT  2,075        

NEITHER STATE LAW NOR THE INSURANCE COMPANY REQUIRES THE AGENT TO  2,076        

CHARGE THE FEE, AND THAT THE FEE IS NOT REFUNDABLE.                2,077        

      (6)  THE CONSUMER CONSENTS TO THE FEE.                       2,079        

      (7)  THE AGENT, IN CHARGING THE FEE, DOES NOT DISCRIMINATE   2,082        

ON THE BASIS OF RACE, SEX, NATIONAL ORIGIN, RELIGION, DISABILITY,  2,083        

HEALTH STATUS, AGE, MARITAL STATUS, OR GEOGRAPHIC LOCATION, AND    2,084        

DOES NOT UNFAIRLY DISCRIMINATE BETWEEN PERSONS OF ESSENTIALLY THE  2,085        

SAME CLASS AND OF ESSENTIALLY THE SAME HAZARD OR EXPECTATION OF    2,086        

LIFE.                                                                           

      (B)  A FEE MAY NOT BE CHARGED FOR TAKING OR SUBMITTING AN    2,089        

INITIAL APPLICATION FOR COVERAGE WITH ANY ONE INSURER OR           2,090        

DIFFERENT PROGRAMS WITH THE SAME INSURER, OR PROCESSING A CHANGE   2,091        

TO AN EXISTING POLICY, A CANCELLATION, A CLAIM, OR A RENEWAL, IN   2,092        

CONNECTION WITH ANY OF THE FOLLOWING PERSONAL LINES POLICIES:      2,093        

      (1)  PRIVATE PASSENGER AUTOMOBILE;                           2,095        

      (2)  HOMEOWNERS, INCLUDING COVERAGE FOR TENANTS OR           2,097        

CONDOMINIUM OWNERS, OWNER-OCCUPIED FIRE OR DWELLING PROPERTY       2,098        

                                                          44     

                                                                 
COVERAGE, PERSONAL UMBRELLA LIABILITY, OR ANY OTHER PERSONAL       2,099        

LINES-RELATED COVERAGE WHETHER SOLD AS A SEPARATE POLICY OR AS AN  2,101        

ENDORSEMENT TO ANOTHER PERSONAL LINES POLICY;                                   

      (3)  INDIVIDUAL LIFE INSURANCE;                              2,103        

      (4)  INDIVIDUAL SICKNESS OR ACCIDENT INSURANCE;              2,105        

      (5)  DISABILITY INCOME POLICIES;                             2,107        

      (6)  CREDIT INSURANCE PRODUCTS.                              2,110        

      (C)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,    2,113        

AN AGENT MAY CHARGE A FEE FOR AGENT SERVICES IN CONNECTION WITH A  2,114        

POLICY ISSUED ON A NO-COMMISSION BASIS, IF THE AGENT PROVIDES THE  2,115        

CONSUMER WITH PRIOR DISCLOSURE OF THE FEE AND OF THE SERVICES TO   2,116        

BE PROVIDED.                                                       2,117        

      (D)  IN THE EVENT OF A DISPUTE BETWEEN AN AGENT AND A        2,120        

CONSUMER REGARDING ANY DISCLOSURE REQUIRED BY THIS SECTION, THE    2,121        

AGENT HAS THE BURDEN OF PROVING THAT THE DISCLOSURE WAS MADE.      2,122        

      (E)(1)  NO PERSON SHALL FAIL TO COMPLY WITH THIS SECTION.    2,125        

      (2)  WHOEVER VIOLATES DIVISION (E)(1) OF THIS SECTION IS     2,128        

DEEMED TO HAVE ENGAGED IN AN UNFAIR AND DECEPTIVE ACT OR PRACTICE  2,130        

IN THE BUSINESS OF INSURANCE UNDER SECTIONS 3901.19 TO 3901.26 OF  2,131        

THE REVISED CODE.                                                  2,132        

      Sec. 3905.99.  (A)  Whoever violates sections 3905.181,      2,141        

3905.21, or 3905.23 of the Revised Code shall be fined not less    2,142        

than twenty-five nor more than five hundred dollars or imprisoned  2,143        

not more than six months, or both.                                              

      (B)  Whoever violates section 3905.31 or 3905.33 of the      2,145        

Revised Code shall be fined not less than twenty-five nor more     2,146        

than five hundred dollars or imprisoned not more than one year,    2,147        

or both.                                                                        

      (C)  Whoever violates section 3905.37 or 3905.43 of the      2,149        

Revised Code shall be fined not less than one hundred nor more     2,150        

than five hundred dollars.                                                      

      (D)  WHOEVER VIOLATES SECTION 3905.01 OF THE REVISED CODE    2,152        

IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.                    2,153        

      Sec. 3913.40.  (A)  Any insurer, INCLUDING ANY FRATERNAL     2,162        

                                                          45     

                                                                 
BENEFIT SOCIETY, that is organized under the laws of another       2,164        

state and is admitted to transact the business of insurance in     2,165        

this state may become a domestic insurer by complying with all of  2,166        

the requirements of law relative to the organization and           2,167        

licensing of a domestic insurer of the same type and by            2,168        

designating its principal place of business at a place in this     2,169        

state.  Such a domestic insurer shall be issued like certificates  2,170        

and licenses to transact business in this state, is subject to     2,171        

the jurisdiction of this state, and shall be recognized as an      2,172        

insurer formed under the laws of this state as of the date of its  2,173        

original incorporation in its original domiciliary state.  The     2,174        

superintendent of insurance shall approve any proposed transfer    2,175        

of domicile under this division unless the superintendent          2,176        

determines that the transfer is not in the interest of                          

policyholders of this state.                                       2,177        

      (B)  Any domestic insurer, upon the approval of the          2,179        

superintendent, may transfer its domicile to any other state in    2,180        

which it is admitted to transact the business of insurance.  Upon  2,181        

such a transfer, the insurer shall cease to be a domestic          2,182        

insurer, and shall be admitted to this state if qualified as a     2,183        

foreign insurer.  The superintendent shall approve any proposed    2,184        

transfer of domicile under this division unless the                2,185        

superintendent determines that the transfer is not in the          2,186        

interest of policyholders of this state.                           2,187        

      (C)(1)  With respect to any insurer, INCLUDING ANY           2,189        

FRATERNAL BENEFIT SOCIETY, that is licensed to transact the        2,191        

business of insurance in this state and that transfers its         2,192        

domicile to this or any other state by merger, consolidation, or   2,193        

any other lawful method, both of the following apply:              2,194        

      (a)  The certificate of authority, agents appointments and   2,196        

licenses, rates, and other items as allowed by the superintendent  2,197        

that are in existence at the time of the transfer shall continue   2,198        

in effect upon the transfer if the insurer remains qualified to    2,199        

transact the business of insurance in this state.                  2,200        

                                                          46     

                                                                 
      (b)  All outstanding policies shall remain in effect and     2,202        

need not be endorsed as to the new name of the company or its new  2,203        

location unless so ordered by the superintendent.                  2,204        

      (2)  Every transferring insurer as described in division     2,206        

(C)(1) of this section shall file new policy forms with the        2,207        

superintendent on or before the effective date of the transfer,    2,208        

but may use existing policy forms with appropriate endorsements    2,209        

if allowed by, and under such conditions as are approved by, the   2,210        

superintendent.  Every such insurer shall notify the               2,211        

superintendent of the details of the proposed transfer, and shall  2,212        

file promptly any resulting amendments to corporate documents      2,213        

filed or required to be filed with the superintendent.             2,214        

      (D)  NOTHING IN THIS SECTION OR ANY OTHER PROVISION OF THE   2,216        

REVISED CODE PROHIBITS AN INSURER FROM TRANSFERRING ITS DOMICILE   2,217        

TO THIS STATE BECAUSE ITS CHARTER, BYLAWS, OR ANY OTHER            2,218        

ORGANIZATIONAL DOCUMENT CONTAINS CHARACTERISTICS OF BOTH A MUTUAL  2,219        

INSURANCE COMPANY AND A STOCK INSURANCE COMPANY.                                

      (E)  The superintendent, in accordance with Chapter 119. of  2,221        

the Revised Code, may adopt rules to carry out the purposes of     2,222        

this section.                                                      2,223        

      Sec. 3921.33.  (A)  Agents of fraternal benefit societies    2,232        

shall be licensed in the manner provided for agents of insurance   2,233        

companies in Chapter 3905. of the Revised Code, and shall be       2,235        

required to complete the continuing education instruction AS set   2,236        

forth in section 3905.481 of the Revised Code starting with the    2,238        

twenty-four-month period commencing on the first day of January    2,239        

of 1999.  However, no written or other examination shall be                     

required of any person whose application for the original          2,242        

issuance of a license to represent a fraternal benefit society as  2,244        

its agent was filed with the superintendent of insurance prior to  2,245        

January 1, 1997.                                                                

      (B)  The following persons shall not be required to be       2,248        

licensed in accordance with division (A) of this section:          2,249        

      (1)  Any regularly salaried officer, employee, or member of  2,251        

                                                          47     

                                                                 
a licensed society who devotes substantially all of the person's   2,252        

services to activities other than the solicitation of fraternal    2,253        

insurance contracts from the public, and who receives for the      2,254        

solicitation of any such contracts no commission or other          2,255        

compensation directly dependent upon the amount of business                     

obtained.                                                                       

      The officers, employees, and members described in division   2,257        

(B)(1) of this section also are not subject to examination by the  2,258        

superintendent under Chapter 3905. of the Revised Code.            2,259        

      (2)  Any agent or representative of a society who devotes,   2,261        

or intends to devote, less than fifty per cent of the person's     2,262        

time to the solicitation and procurement of insurance contracts    2,263        

for the society.  For purposes of division (B)(2) of this          2,264        

section, any person who, in the preceding calendar year, has       2,265        

received a commission or other compensation for soliciting and     2,266        

procuring any of the following contracts on behalf of an                        

individual society is presumed to have devoted, or to have         2,268        

intended to devote, fifty per cent of the person's time to the     2,269        

solicitation and procurement of insurance contracts:               2,270        

      (a)  Life insurance contracts that, in the aggregate,        2,272        

exceeded two hundred thousand dollars of coverage for all lives    2,273        

insured for the preceding calendar year;                           2,274        

      (b)  A permanent life insurance contract offering more than  2,277        

ten thousand dollars of coverage on an individual life;                         

      (c)  A term life insurance contract offering more than       2,279        

fifty thousand dollars of coverage on an individual life;          2,280        

      (d)  Any insurance contracts other than life that the        2,282        

society may write and that insure the individual lives of more     2,283        

than twenty-five individuals;                                      2,284        

      (e)  Any contract issued on a variable basis, as authorized  2,286        

by division (C) of section 3921.22 of the Revised Code.            2,287        

      Sec. 3923.121.  (A)  As used in this section:                2,296        

      (1)  "Association" means a voluntary unincorporated          2,298        

association of insurers formed for the sole purpose of enabling    2,299        

                                                          48     

                                                                 
cooperative action to provide sickness and accident insurance in   2,300        

accordance with this section.                                      2,301        

      (2)  "Insurer" means any insurance company authorized to do  2,303        

the business of sickness and accident insurance in this state.     2,304        

      (3)  "Insured" means a person covered under a group policy   2,306        

issued pursuant to this section.                                   2,307        

      (B)  Any insurer may join with one or more other insurers,   2,309        

in an association, to offer, sell, and issue to a policyholder     2,310        

selected by the association a policy of group insurance against    2,311        

major financial loss from sickness and accident covering           2,312        

residents of this state who are sixty-five years of age or older   2,313        

and the spouses of such residents.  The insurance shall be         2,314        

offered, issued, and administered in the name of the association.  2,315        

Membership in the association shall be open to any insurer and     2,316        

each insurer which participates shall be liable for a specified    2,317        

percentage of the risks.  The policy may be executed on behalf of  2,318        

the association by a duly authorized person and need not be        2,319        

countersigned by an agent.                                         2,320        

      (C)  The persons eligible for coverage under the policy      2,322        

shall be all residents of this state who are sixty-five years of   2,323        

age or older and their spouses, subject to reasonable              2,324        

underwriting restrictions to be set forth in the plan of the       2,325        

association.  The policy may provide basic hospital and surgical   2,326        

coverage, basic medical coverage, major medical coverage, and any  2,327        

combination of these; provided that it shall not be required as a  2,328        

condition for obtaining major medical coverage that any basic      2,329        

coverage be taken.                                                 2,330        

      (D)  The association shall file with the superintendent of   2,332        

insurance any policy, contract, certificate, or other evidence of  2,333        

insurance, application, or other forms pertaining to such          2,334        

insurance together with the premium rates to be charged therefor.  2,335        

The superintendent may approve, disapprove, and withdraw approval  2,336        

of the forms in accordance with section 3923.02 of the Revised     2,337        

Code, or the premium rates if by reasonable assumptions such       2,338        

                                                          49     

                                                                 
rates are excessive in relation to the benefits provided.  In      2,339        

determining whether such rates by reasonable assumptions are       2,340        

excessive in relation to the benefits provided the superintendent  2,341        

shall give due consideration to past and prospective claim         2,342        

experience, within and outside this state, and to fluctuations in  2,343        

such claim experience, to a reasonable risk charge, to             2,344        

contribution to surplus and contingency funds, to past and         2,345        

prospective expenses, both within and outside this state, and to   2,346        

all other relevant factors within and outside this state,          2,347        

including any differing operating methods of the insurers joining  2,348        

in the issuance of the policy.  In reviewing the forms the         2,349        

superintendent shall not be bound by the requirements of sections  2,350        

3923.04 to 3923.07 of the Revised Code with respect to standard    2,352        

provisions to be included in sickness and accident policies or     2,353        

forms.                                                                          

      (E)  The association may enroll eligible persons for         2,355        

coverage under the policy through any insurance agent licensed to  2,356        

sell sickness and accident insurance pursuant to section 3905.01   2,357        

3905.02, 3905.08, 3905.18, or 3941.02 of the Revised Code.         2,359        

      (F)  The association shall file annually with the            2,361        

superintendent on such date and in such form as the                2,362        

superintendent may prescribe, a financial summary of its           2,363        

operations.                                                                     

      (G)  The association may sue and be sued in its associate    2,365        

name and for such purposes only shall be treated as a domestic     2,366        

corporation.  Service of process against such THE association      2,367        

made upon a managing agent, any member thereof, or any agent       2,369        

authorized by appointment to receive service of process, shall     2,370        

have the same force and effect as if such THE service had been     2,371        

made upon all members of the association.                          2,373        

      (H)  Under any policy issued as provided in this section,    2,375        

the policyholder, or such person as the policyholder shall         2,376        

designate, shall alone be a member of each domestic mutual         2,377        

insurance company joining in the issue of the policy and shall be  2,378        

                                                          50     

                                                                 
entitled to one vote by virtue of such policy at the meetings of   2,379        

each such mutual insurance company.  Notice of the annual          2,380        

meetings of each such mutual insurance company may be given by     2,381        

written notice to the policyholder or as otherwise prescribed in   2,382        

said THE policy.                                                   2,383        

      Sec. 3931.101.  The provisions of sections 3905.01 to        2,392        

3905.05, inclusive, 3905.04 of the Revised Code, relating to the   2,394        

appointment, licensing, qualification and regulation of insurance  2,395        

agents, brokers and solicitors shall apply to all persons          2,396        

authorized to solicit powers of attorney or applications for                    

contracts of indemnity for any reciprocal exchange, insurance      2,397        

exchange or attorney in fact as provided for in Chapter 3931,. of  2,398        

the Revised Code, except a traveling full time salaried            2,400        

non-commission employee of an attorney whose duties as such                     

employee are primarily the performance of inspection               2,401        

underwriting, loss prevention engineering and claim services       2,402        

shall be exempt from this section and shall be regulated solely    2,403        

by section 3931.11 of the Revised Code.                                         

      Sec. 3931.11.  Every attorney shall certify to the           2,412        

superintendent of insurance the names and addresses of the         2,413        

attorney's traveling full time salaried non-commission employees,  2,414        

primarily engaged in performing underwriting, loss prevention      2,415        

engineering and claim services, authorized by the attorney to      2,416        

solicit powers of attorney or applications for contracts of        2,417        

indemnity specified in section 3931.01 of the Revised Code.  The   2,418        

authority of such persons shall continue until the first day of    2,419        

the next April, unless it is cancelled by the attorney and the     2,420        

certificate of such cancellation is filed with the                 2,421        

superintendent, or unless the license of the attorney or           2,422        

authority of such person is revoked or suspended by the            2,423        

superintendent.  Expiring certificates of authority of such        2,424        

persons may be renewed in like manner to continue until the first  2,425        

day of the next April.  The superintendent shall record the names  2,426        

and addresses of such persons so that their names may              2,427        

                                                          51     

                                                                 
conveniently be inspected and shall thereupon certify and deliver  2,428        

to the attorney a list of the names of all persons so recorded.    2,429        

      If the superintendent finds that any such person has         2,431        

wilfully WILLFULLY violated, or failed to comply with, sections    2,432        

3931.01 to 3931.12, inclusive, of the Revised Code, or has been    2,434        

convicted of a felony in the United States, or in this or any      2,435        

state, or has been guilty of any act or acts which if performed    2,436        

by an agent licensed under section 3905.01 3905.02 of the Revised  2,437        

Code would constitute statutory grounds for the revocation of      2,439        

such agent's license, the superintendent may refuse or revoke the  2,440        

authority of such THE person and cancel the person's name on the   2,442        

superintendent's records, and the superintendent shall thereupon   2,444        

notify such THE person and the attorney of such THE revocation.    2,445        

Thereafter such THE person shall not act as representative of any  2,446        

attorney until a new certificate of authority by the attorney      2,447        

thereafter appointing such THE person is filed with and approved   2,448        

by the superintendent.                                             2,449        

      No such person shall act for any attorney in placing         2,451        

insurance or making such contracts of indemnity, unless the        2,452        

attorney has the license required by section 3931.10 of the        2,453        

Revised Code, nor unless the unexpired, unrevoked, and             2,454        

unsuspended certificate of such person's authority is filed with   2,455        

the superintendent.  Any such person shall be individually liable  2,456        

on any contract of indemnity made, issued, or accepted through     2,457        

that person as representing any attorney who is not licensed by    2,459        

the superintendent to make such contracts of indemnity.                         

      Sec. 3941.02.  (A)  A domestic mutual company may be         2,468        

organized by not less than twenty persons, to carry on the         2,469        

business of mutual insurance and to reinsure and to accept         2,470        

reinsurance as authorized by law and its articles of               2,471        

incorporation.  Such persons shall execute articles of             2,472        

incorporation which, if not inconsistent with the constitution     2,473        

and laws of this state and of the United States, shall be          2,474        

approved by the attorney general and the secretary of state.  The  2,475        

                                                          52     

                                                                 
articles and the certificate of approval by the attorney general   2,476        

shall be recorded by the secretary of state who shall deposit a    2,477        

copy thereof with the superintendent of insurance.                 2,478        

      (B)  If the articles of incorporation of a domestic,         2,480        

foreign, or alien, mutual or stock insurance company empower it,   2,481        

or if the power of attorney or subscribers' agreement empowers     2,482        

the attorney in fact of a reciprocal or interinsurance exchange,   2,483        

to transact any of the kinds of insurance described in division    2,484        

(A) of section 3929.01 of the Revised Code, such company or        2,485        

attorney may apply to the superintendent for the appropriate       2,486        

license or certificate of authority, as provided in section        2,487        

3925.11, 3927.01, 3931.10, or 3941.06 of the Revised Code, which   2,488        

application shall state which of the kinds of insurance it         2,489        

proposes to transact, and the superintendent shall act thereon in  2,490        

the manner prescribed by that section.                             2,491        

      (C)  An Ohio agent shall be licensed, upon written notice    2,494        

of appointment by a domestic, foreign, or alien, mutual or stock   2,495        

insurance company, to procure, receive, or forward application     2,496        

for the kinds of insurance the company is authorized to transact   2,497        

in this state if the agent is then licensed to write all of the    2,498        

kinds of insurance described in division (A) of section 3929.01    2,499        

of the Revised Code, either for the company or for any other       2,500        

company or companies authorized to transact insurance business in  2,501        

this state.  An Ohio agent not so licensed shall not procure,      2,502        

receive, or forward applications for any kind of insurance for     2,503        

the company until qualified and licensed to procure, receive, or   2,504        

forward applications for all of the kinds of insurance described   2,505        

in division (A) of section 3929.01 of the Revised Code, in         2,506        

accordance with the applicable provisions of Chapter 3905. of the  2,507        

Revised Code and in accordance with such rules as the              2,508        

superintendent may adopt in connection therewith; provided any     2,509        

company, irrespective of the kinds of insurance it is authorized   2,510        

to transact, may apply for and obtain the renewal of licenses of   2,511        

its agents who were licensed on or before July 1, 1945, to         2,512        

                                                          53     

                                                                 
procure, receive, or forward applications for any of the kinds of  2,513        

insurance described in division (A) of section 3929.01 of the      2,514        

Revised Code, and such agents shall not be required to be          2,515        

licensed for all the kinds of insurance transacted by the company  2,516        

making the applications for such renewals.  Nothing in this        2,517        

section shall be construed to authorize an agent whose license is  2,518        

renewed under these provisions to procure, receive, or forward     2,519        

applications for any kind or kinds of insurance other than the     2,520        

kind or kinds for which the agent was authorized to procure,       2,521        

receive, or forward applications on July 1, 1945; provided, the    2,523        

procuring, receiving, or forwarding of applications by such an     2,524        

agent for any kind or kinds of insurance other than the kind or    2,525        

kinds the agent was authorized to procure, receive, or forward,    2,527        

as of July 1, 1945, is cause for revocation of the license of the  2,528        

agent by the superintendent and the acceptance by any insurance    2,529        

company licensed to do business in this state of an application    2,530        

for any kind of insurance other than the kind or kinds that the    2,531        

agent was authorized to procure, receive, or forward, as of July   2,532        

1, 1945, is cause for revocation of the license of the company by  2,533        

the superintendent.  Nothing in this section shall be construed    2,534        

to alter the provisions of sections 2301.373, 3905.05, 3931.101,   2,535        

and 3931.11 of the Revised Code.                                   2,536        

      Sec. 3953.21.  (A)  Every title insurance company            2,545        

authorized to transact business within this state shall certify    2,546        

annually to the superintendent of insurance the names of all       2,547        

title insurance agents representing it in this state in            2,548        

accordance with section 3905.01 3905.02 of the Revised Code.       2,549        

      (B)  No bank, trust company, bank and trust company, or      2,551        

other lending institution, mortgage service, brokerage, mortgage   2,552        

guaranty company, escrow company, real estate company or any       2,553        

subsidiaries thereof or any individuals so engaged shall be        2,554        

permitted to act as an agent for a title insurance company.                     

      Sec. 3953.23.  (A)  Every title insurance agent shall keep   2,563        

his books of account and record and vouchers pertaining to the     2,565        

                                                          54     

                                                                 
business of title insurance in such manner that the title          2,566        

insurance company may readily ascertain from time to time whether  2,567        

the agent has complied with this chapter.                                       

      (B)  A title insurance agent may engage in the business of   2,569        

handling escrows of real property transactions directly connected  2,570        

with the business of title insurance, provided that the agent      2,571        

shall maintain a separate record of all receipts and               2,572        

disbursements of escrow funds and shall not commingle any such                  

funds with agent's own funds or with funds held by agent in any    2,573        

other capacity; and if at any time the superintendent of           2,574        

insurance determines that an agent has failed to comply with any   2,575        

of the provisions of this section, the superintendent may revoke   2,576        

the license of said THE agent pursuant to section 3905.01 3905.02  2,578        

of the Revised Code, subject to review as provided for in          2,579        

sections 119.01 to 119.13, inclusive, CHAPTER 119. of the Revised  2,581        

Code.  All agents shall be covered by a fidelity bond in an        2,583        

amount and with a company satisfactory to the principal.           2,584        

      Sec. 3960.11.  (A)  No person shall act or aid in any        2,593        

manner in soliciting, negotiating, or procuring liability          2,594        

insurance in this state from a risk retention group unless the     2,595        

person is licensed as an insurance agent or broker in accordance   2,596        

with section 3905.01, 3905.03, 3905.02 or 3905.30 of the Revised   2,598        

Code.                                                                           

      (B)  No person shall act or aid in any manner in             2,600        

soliciting, negotiating, or procuring liability insurance in this  2,601        

state for a purchasing group from an authorized insurer or a risk  2,602        

retention group chartered in a state unless the person is          2,603        

licensed as an insurance agent or broker in accordance with        2,604        

section 3905.01, 3905.03, 3905.02 or 3905.30 of the Revised Code.  2,606        

      (C)  No person shall act or aid in any manner in             2,608        

soliciting, negotiating, or procuring liability insurance          2,609        

coverage in this state for any member of a purchasing group under  2,610        

a purchasing group's policy unless the person is licensed as an    2,611        

insurance agent or broker in accordance with section 3905.01,      2,612        

                                                          55     

                                                                 
3905.03, 3905.02 or 3905.30 of the Revised Code.                   2,613        

      (D)  No person shall act or aid in any manner in             2,615        

soliciting, negotiating, or procuring liability insurance from an  2,616        

insurer not authorized to do business in this state on behalf of   2,617        

a purchasing group located in this state unless the person is      2,618        

licensed as an insurance agent or A surplus lines LINE broker in   2,620        

accordance with section 3905.01, 3905.03, or 3905.30 of the        2,622        

Revised Code.                                                      2,623        

      Sec. 4745.01.  (A)  "Standard renewal procedure," as used    2,632        

in Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923.,  2,633        

927., 942., 943., 953., 1321., 3710., 3713., 3715., 3719., 3731.,  2,634        

3742., 3748., 3769., 3783., 3905., 3921., 3951., 4104., 4105.,     2,635        

4143., 4169., 4561., 4701., 4703., 4707., 4709., 4713., 4715.,     2,636        

4717., 4723., 4725., 4727., 4728., 4729., 4731., 4733., 4734.,     2,637        

4735., 4739., 4741., 4747., 4749., 4753., 4755., 4757., 4759.,     2,638        

4761., 4766., 4773., and 4775. of the Revised Code, means the      2,639        

license renewal procedures specified in this chapter.              2,640        

      (B)  "Licensing agency," as used in this chapter, means any  2,642        

department, division, board, section of a board, or other state    2,643        

governmental unit subject to the standard renewal procedure, as    2,644        

defined in this section, and authorized by the Revised Code to     2,645        

issue a license to engage in a specific profession, occupation,    2,646        

or occupational activity, or to have charge of and operate         2,647        

certain specified equipment, machinery, or premises.               2,648        

      (C)  "License," as used in this chapter, means a license,    2,650        

certificate, permit, card, or other authority issued or conferred  2,651        

by a licensing agency by authority of which the licensee has or    2,652        

claims the privilege to engage in the profession, occupation, or   2,653        

occupational activity, or to have control of and operate certain   2,654        

specific equipment, machinery, or premises, over which the         2,655        

licensing agency has jurisdiction.                                 2,656        

      (D)  "Licensee," as used in this chapter, means either the   2,658        

person to whom the license is issued or renewed by a licensing     2,659        

agency, or the person, partnership, or corporation at whose        2,660        

                                                          56     

                                                                 
request the license is issued or renewed.                          2,661        

      (E)  "Renewal" and "renewed," as used in this chapter and    2,663        

in the chapters of the Revised Code specified in division (A) of   2,664        

this section, includes the continuing licensing procedure          2,665        

provided in Chapter 3748. of the Revised Code and rules adopted    2,667        

under it and in sections 1321.05, 3905.01, 3905.02, 3905.07,       2,668        

3905.18, and 3921.33 of the Revised Code, and as applied to those  2,669        

continuing licenses any reference in this chapter to the date of   2,671        

expiration of any license shall be construed to mean the due date  2,672        

of the annual or other fee for the continuing license.             2,673        

      Section 2.  That existing sections 1751.38, 3901.021,        2,675        

3905.02, 3905.06, 3905.07, 3905.08, 3905.18, 3905.20, 3905.27,     2,677        

3905.30, 3905.40, 3905.48, 3905.481, 3905.482, 3905.49, 3905.99,   2,678        

3913.40, 3921.33, 3923.121, 3931.101, 3931.11, 3941.02, 3953.21,   2,679        

3953.23, 3960.11, and 4745.01 and sections 3905.01, 3905.011,      2,680        

3905.03, and 3905.05 of the Revised Code are hereby repealed.      2,681        

      Section 3.  Sections 1 and 2 of this act, except for         2,683        

sections 3905.011, 3905.012, 3905.02, 3905.03, 3905.18, and        2,684        

3905.20 of the Revised Code, shall take effect at the earliest     2,685        

time permitted by law.  Sections 3905.011, 3905.012, 3905.02,      2,686        

3905.03, 3905.18, and 3905.20 of the Revised Code, as amended,     2,687        

enacted, or repealed by this act, shall take effect October 1,                  

1998.                                                                           

      Section 4.  It is the intent of the General Assembly that    2,689        

the Superintendent of Insurance take any action necessary to       2,690        

administer the Insurance Agents Law, as amended by this act, and   2,691        

to provide for an orderly transition for those persons licensed    2,692        

or appointed under that Law as it existed prior to the effective   2,693        

date of this act.                                                  2,694        

      Section 5.  The Department of Insurance shall, no later      2,696        

than October 1, 1999, issue a new license to each person who, on   2,697        

October 1, 1998, holds a license as an agent.  Any license         2,699        

application that is pending on October 1, 1998, or that is                      

received by the Department on or after that date, shall be         2,700        

                                                          57     

                                                                 
reviewed in accordance with this act.                              2,701        

      Section 6.  The Insurance Agent Education Advisory Council   2,704        

operating pursuant to section 3905.483 of the Revised Code shall   2,705        

create a temporary committee to conduct a special study of the     2,706        

continuing education requirements for insurance agents as set      2,707        

forth in the Revised Code and the Administrative Code.  The        2,708        

committee shall be composed of the eleven members of the           2,709        

Insurance Agent Education Advisory Council appointed by the        2,710        

Superintendent of Insurance pursuant to section 3905.483 of the    2,711        

Revised Code; a representative, appointed by the Governor, of      2,712        

private entities engaged in the business of providing continuing   2,713        

education to agents; a representative, appointed by the Governor,  2,714        

of financial institutions; two members of the House of             2,715        

Representatives, one from each party, appointed by the Speaker of  2,716        

the House of Representatives; and two members of the Senate, one   2,717        

from each party, appointed by the President of the Senate.  The    2,718        

Superintendent or the Superintendent's designee shall serve on     2,719        

the committee as a nonvoting member.                               2,720        

      The committee shall hold an organizational meeting within    2,722        

thirty days after the effective date of this section.  At the      2,723        

organizational meeting, the voting members of the committee shall  2,725        

elect a chairperson and a vice-chairperson for the committee.      2,726        

The committee shall meet at the call of the chairperson.           2,727        

      The committee shall study all aspects of the continuing      2,729        

education requirements for insurance agents as set forth in the    2,730        

Revised Code and the Administrative Code, and shall be charged     2,731        

with providing findings and recommendations on how any aspect of   2,732        

these requirements may be improved.                                2,733        

      The study shall include, but is not limited to, an           2,735        

examination of issues related to the following questions:          2,736        

      (A)  Will a reduction in the biennial continuing education   2,739        

requirement satisfy the continuing education requirements imposed  2,740        

by other states on nonresident agents?                             2,741        

      (B)  What are the best methods for assuring the quality of   2,744        

                                                          58     

                                                                 
continuing education courses and programs of study?                2,745        

      (C)  Is the Superintendent of Insurance's annual approval    2,748        

of a continuing education course or program of study necessary if  2,749        

there is no change in the course's or program's curriculum, or     2,750        

could a course or program of study be approved for a longer        2,751        

period of time?                                                                 

      (D)  Could the process of approval for continuing education  2,754        

courses and programs of study be streamlined, to provide for a     2,755        

more timely and efficient process of approval?                     2,756        

      (E)  Should an agent receive continuing education credit     2,759        

for completing courses or programs of study that pertain to        2,760        

subjects outside of the agent's area of practice or licensure?     2,761        

      (F)  What is the optimal number of hours of instruction a    2,764        

statutory continuing education requirement should require agents   2,765        

to complete?                                                                    

      (G)  Should continuing education requirements include a      2,768        

minimum number of hours of courses or programs of study on         2,769        

ethics?                                                                         

      (H)  Should the completion of a correspondence course,       2,772        

which course requires the successful completion of a test on the   2,773        

course material, be an optional method for an agent's fulfillment  2,774        

of continuing education requirements?                              2,775        

      (I)  Should minimum requirements be established for          2,778        

instructors of continuing education courses, such as minimum       2,779        

industry experience and a current agent's license?                 2,780        

      (J)  Should an agent be limited as to the number of hours    2,783        

of continuing education credit that the agent may earn from        2,784        

private providers and associations or from insurance companies,    2,785        

as a percentage of the total number of hours of continuing         2,786        

education credit that the agent earns, or is permitted to earn,    2,787        

during a single compliance period?                                              

      (K)  Should an agent receive continuing education credit     2,790        

for completing sales-related courses or programs of study?         2,791        

      (L)  Should an agent's receipt of any special designation    2,794        

                                                          59     

                                                                 
exempt the agent from the completion of further continuing         2,795        

education requirements?                                                         

      (M)  Has the continuing education requirement improved the   2,798        

quality of licensed insurance agents?                                           

      (N)  Would a system in which agents certified their          2,800        

compliance with continuing education requirements to the           2,801        

Superintendent, which system included a program of random          2,802        

verification of agent compliance by the Department of Insurance,   2,803        

be a feasible alternative to the current system of continuing      2,804        

education compliance verification?                                 2,805        

      The committee shall hold a sufficient number of public       2,807        

hearings outside of Franklin County to provide interested parties  2,808        

throughout the state a chance to voice their opinions and make     2,809        

recommendations with regard to the continuing education            2,810        

requirements for insurance agents.                                 2,811        

      The committee shall issue an interim report within nine      2,813        

months after the effective date of this section.  The committee    2,814        

shall issue its final report within eighteen months after the      2,815        

effective date of this section.  Copies of the interim and the     2,816        

final reports shall be submitted, at the time of their issuance,   2,817        

to the Speaker of the House of Representatives, to the President   2,818        

of the Senate, to the Governor, to the chair of the House          2,819        

committee having primary jurisdiction over insurance legislation,  2,821        

to the chair of the Senate committee having primary jurisdiction   2,822        

over insurance legislation, to the Superintendent of Insurance,    2,823        

and to the Insurance Agent Education Advisory Council.  The        2,824        

committee may request staff assistance from the Legislative        2,825        

Service Commission as needed for the completion of the reports.    2,826        

Upon the issuance of its final report, the committee shall cease   2,827        

to exist.                                                                       

      Section 7.  Persons holding a license as an agent on the     2,829        

effective date of section 3905.481 of the Revised Code, as         2,830        

amended by this act, shall retain their current compliance         2,831        

periods for purposes of completing the continuing education        2,832        

                                                          60     

                                                                 
requirements provided under section 3905.481 of the Revised Code,               

as amended by this act.                                            2,833        

      Section 8.  If Am. Sub. H.B. 248 is enacted by the 122nd     2,835        

General Assembly, sections 3905.49 and 3905.491 of the Revised     2,836        

Code, as the sections result from this act, supersede the same     2,837        

sections as they result from Am. Sub. H.B. 248.                                 

      Section 9.  Section 3941.02 of the Revised Code is           2,839        

presented in this act as a composite of the section as amended by  2,840        

both Sub. H.B. 167 and Am. Sub. S.B. 259 of the 121st General      2,841        

Assembly, with the new language of neither of the acts shown in    2,843        

capital letters.  This is in recognition of the principle stated   2,844        

in division (B) of section 1.52 of the Revised Code that such      2,845        

amendments are to be harmonized where not substantively            2,846        

irreconcilable and constitutes a legislative finding that such is  2,847        

the resulting version in effect prior to the effective date of     2,848        

this act.