As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                H. B. No. 730    5            

      1999-2000                                                    6            


     REPRESENTATIVES GOODMAN-VERICH-PETERSON-EVANS-COUGHLIN-       8            

        CORBIN-WOMER BENJAMIN-ROBINSON-A. CORE-JOLIVETTE-          9            

      TERWILLEGER-JERSE-DAMSCHRODER-VESPER-STAPLETON-OLMAN-        10           

     HOLLISTER-BRITTON-METTLER-WIDENER-DISTEL-OGG-GRENDELL-        11           

        ASLANIDES-FLANNERY-WILSON-JACOBSON-TAYLOR-STEVENS          12           


_________________________________________________________________   13           

                          A   B I L L                                           

             To amend sections 3905.01, 3905.011, 3905.012,        15           

                3905.48, 3905.49, 3905.55, 3905.86, and 3905.99;   16           

                to amend, for the purpose of adopting a new                     

                section number as indicated in parentheses,        17           

                section 3905.86 (3905.81); and to enact new        18           

                section 3905.86 and sections 2927.27, 2927.28,                  

                2927.29, 3905.83, 3905.84, 3905.841, 3905.85,      20           

                3905.851, 3905.861, 3905.862, 3905.87 to 3905.92,  21           

                3905.921, 3905.93, 3905.931, 3905.932, 3905.933,   22           

                3905.934, 3905.94, 3905.941, and 3905.95 of the                 

                Revised Code relative to the regulation of surety  23           

                bail bond agents and the apprehension or arrest    24           

                of a principal on bond.                                         




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        26           

      Section 1.  That sections 3905.01, 3905.011, 3905.012,       29           

3905.48, 3905.49, 3905.55, 3905.86, and 3905.99 be amended,        30           

section 3905.86 (3905.81) be amended for the purpose of adopting   31           

a new section number as indicated in parentheses, and new section  32           

3905.86 and sections 2927.27, 2927.28, 2927.29, 3905.83, 3905.84,  33           

3905.841, 3905.85, 3905.851, 3905.861, 3905.862, 3905.87,                       

3905.88, 3905.89, 3905.90, 3905.91, 3905.92, 3905.921, 3905.93,    35           

3905.931, 3905.932, 3905.933, 3905.934, 3905.94, 3905.941, and     36           

                                                          2      


                                                                 
3905.95 of the Revised Code be enacted to read as follows:                      

      Sec. 2927.27.  NO PERSON, OTHER THAN A LAW ENFORCEMENT       38           

OFFICER, SHALL BE AUTHORIZED TO APPREHEND, DETAIN, OR ARREST A     39           

PRINCIPAL ON BOND, WHEREVER ISSUED, UNLESS THAT PERSON MEETS ALL   40           

OF THE FOLLOWING CRITERIA:                                         41           

      (A)  THE PERSON IS ANY OF THE FOLLOWING:                     43           

      (1)  QUALIFIED, LICENSED, AND APPOINTED AS A SURETY BAIL     44           

BOND AGENT UNDER SECTIONS 3905.83 TO 3905.95 OF THE REVISED CODE;  46           

      (2)  LICENSED AS A SURETY BAIL BOND AGENT BY THE STATE       48           

WHERE THE BOND WAS WRITTEN;                                        49           

      (3)  LICENSED AS A PRIVATE INVESTIGATOR UNDER CHAPTER 4749.  51           

OF THE REVISED CODE;                                               52           

      (4)  LICENSED AS A PRIVATE INVESTIGATOR BY THE STATE WHERE   54           

THE BOND WAS WRITTEN;                                              55           

      (5)  AN OFF-DUTY PEACE OFFICER, AS DEFINED IN SECTION        57           

2921.51 OF THE REVISED CODE.                                       58           

      (B)  THE PERSON, PRIOR TO APPREHENDING, DETAINING, OR        60           

ARRESTING THE PRINCIPAL, HAS ENTERED INTO A WRITTEN CONTRACT WITH  61           

THE SURETY OR WITH A LICENSED SURETY BAIL BOND AGENT APPOINTED BY               

THE SURETY, WHICH CONTRACT SETS FORTH THE NAME OF THE PRINCIPAL    62           

WHO IS TO BE APPREHENDED, DETAINED, OR ARRESTED.                   63           

      FOR PURPOSES OF THIS DIVISION, "SURETY" HAS THE SAME         65           

MEANING AS IN SECTION 3905.83 OF THE REVISED CODE.                 66           

      (C)  THE PERSON, PRIOR TO APPREHENDING, DETAINING, OR        68           

ARRESTING THE PRINCIPAL, HAS NOTIFIED THE LOCAL LAW ENFORCEMENT    69           

AGENCY HAVING JURISDICTION OVER THE AREA IN WHICH SUCH ACTIVITIES  70           

WILL BE PERFORMED AND HAS PROVIDED ANY FORM OF IDENTIFICATION OR   71           

OTHER INFORMATION REQUESTED BY THE LAW ENFORCEMENT AGENCY.         72           

      Sec. 2927.28.  NO PERSON SHALL REPRESENT SELF TO BE A BAIL   74           

ENFORCEMENT AGENT OR BOUNTY HUNTER, OR CLAIM ANY SIMILAR TITLE,    75           

IN THIS STATE.                                                     76           

      Sec. 2927.29.  WHOEVER VIOLATES SECTION 2927.27 OR 2927.28   78           

OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST        80           

DEGREE ON A FIRST OR SECOND OFFENSE AND OF A FELONY OF THE THIRD   81           

                                                          3      


                                                                 
DEGREE ON EACH SUBSEQUENT OFFENSE.                                              

      Sec. 3905.01.  (A)  No person shall procure an application   91           

or quote premiums for, discuss coverages of, or solicit,           92           

negotiate, effect, procure, place, write, deliver, renew, or       93           

bind, a policy of insurance, INCLUDING ANY FIDELITY, SURETY, OR    94           

GUARANTY BOND, through any medium for risks residing, located, or  95           

to be performed in this state, unless the person is licensed by    96           

the superintendent of insurance in accordance with this chapter.   98           

      (B)  Division (A) of this section does not apply to any of   102          

the following persons:                                                          

      (1)  An insurer as defined in section 3901.32 of the         104          

Revised Code;                                                                   

      (2)  Any person who furnishes information regarding group    106          

insurance, enrolls individuals in group insurance plans, issues    107          

certificates under such plans, or otherwise assists in             108          

administering such plans, if no commission or other form of        109          

compensation related to premium or sales volume is paid for such   110          

services;                                                          111          

      (3)  Any employee of a creditor with respect to insurance    113          

products made available only in connection with a credit           115          

transaction, including credit life insurance, credit disability    116          

or accident and health insurance, credit property insurance,                    

mortgage life insurance, mortgage accident and health insurance,   117          

involuntary unemployment insurance, individual life insurance,     118          

and individual disability or accident and health insurance, if     119          

the entire premium is financed as part of the credit transaction   120          

and the following conditions are met:                                           

      (a)  If the insurance product is an individual life          122          

insurance policy, a licensed agent is responsible for the          123          

insurance transaction.                                                          

      (b)  If the employee of the creditor is paid by the          125          

insurance agent or by the insurance company, the employee holds a  126          

limited authority license.                                         127          

      For purposes of division (B)(3) of this section, "credit     129          

                                                          4      


                                                                 
property insurance" means insurance covering risks of loss,        130          

damage, and destruction of property used as security for a credit  131          

transaction, which insurance may also cover other property that    133          

is merely incidental to the property used as security for the      135          

credit transaction.                                                             

      (4)  Any employer, or officer or employee of an employer,    138          

to the extent that the employer, officer, or employee is engaged   139          

in the administration or operation of any employee benefits        140          

program involving the use of insurance for the employer's          141          

employees or the employees of a subsidiary or affiliate of the     142          

employer, provided that the employer, officer, or employee is not  144          

compensated, either directly or indirectly, in any manner by an    145          

insurance agent or by the insurance company issuing the                         

insurance;                                                         146          

      (5)  An adjuster employed by or representing an insurer in   149          

the adjustment of claims or a public insurance adjuster holding a  150          

certificate of authority issued under Chapter 3951. of the         151          

Revised Code when performing the duties of a public insurance      154          

adjuster.                                                                       

      (C)  Division (A) of this section does not apply to any of   158          

the following activities when performed by an employee of, and at  159          

the direction of, an insurer or licensed insurance agent:          160          

      (1)  The acceptance of premiums other than the initial       162          

premium;                                                           163          

      (2)  The gathering of information, such as names,            165          

addresses, expiration dates of current insurance, and names of     166          

current insurers;                                                  167          

      (3)  The setting of appointments for insurance agents,       169          

provided that the person setting the appointment does not          170          

communicate any information about insurance;                       171          

      (4)  The servicing of existing insurance policies issued by  174          

or through the employee's employer, provided the servicing is not  175          

part of a solicitation;                                                         

      (5)  The performance of clerical or ministerial duties.      178          

                                                          5      


                                                                 
      (D)  The superintendent may adopt rules in accordance with   181          

Chapter 119. of the Revised Code to set forth the specific acts    184          

that comprise any of the activities described in this section,     185          

the performance of which either requires or does not require       187          

licensure as an agent.                                                          

      Sec. 3905.011.  (A)  As used in this section and sections    197          

3905.012 and 3905.013 of the Revised Code, "insurer" has the same  198          

meaning as in section 3901.32 of the Revised Code.                 200          

      (B)  Any person that is licensed as an agent under section   203          

3905.02 or 3905.18 of the Revised Code is eligible to be           204          

appointed by one or more insurers authorized to do business in     205          

this state.                                                        206          

      (C)(1)  Prior to BY appointing an agent, an insurer shall    209          

certify CERTIFIES to the superintendent of insurance, in           210          

accordance with rules adopted by the superintendent under section  211          

3905.013 of the Revised Code, that the person is competent,        212          

financially responsible, and suitable to represent the insurer.    213          

      (2)  No agent shall represent to the public that the agent   215          

has authority to represent a particular insurer until the insurer  217          

has acknowledged that authority by appointment of the agent in     218          

accordance with division (C)(1) of this section.                   219          

      (D)(1)  No insurer shall pay a commission, fee, or other     222          

type of consideration, or give any other thing of value, to a      223          

person that is required to be licensed by the superintendent       224          

under this chapter for the sale of, or for any direct or indirect  225          

connection with the sale of, any insurance sold by or on behalf    226          

of the insurer, but is not so licensed.                                         

      (2)  Nothing in this section prohibits an insurer from       228          

entering into a compensation agreement with a creditor with        229          

respect to insurance products made available only in connection    231          

with a credit transaction, including credit life insurance,                     

credit disability or accident and health insurance, credit         232          

property insurance, mortgage life insurance, mortgage accident     233          

and health insurance, involuntary unemployment insurance,          234          

                                                          6      


                                                                 
individual life insurance, and individual disability or accident   235          

and health insurance, if the entire premium is financed as part    236          

of the credit transaction.  For purposes of division (D)(2) of     237          

this section, "credit property insurance" has the same meaning as  238          

in division (B)(3) of section 3905.01 of the Revised Code.                      

      Sec. 3905.012.  (A)(1)  Except as provided in division       247          

(A)(2) of this section, any person licensed as an agent under      249          

section 3905.02 or, 3905.18, OR 3905.85 of the Revised Code, or    251          

appointed as a solicitor under section 3905.03 of the Revised      253          

Code, may at any time surrender any or all licenses held by the    254          

person.                                                                         

      (2)  No agent shall surrender the agent's licenses if the    257          

superintendent of insurance is investigating any allegation of     258          

wrongdoing by the agent or has initiated proceedings under                      

Chapter 119. of the Revised Code and notice of an opportunity for  259          

a hearing has been issued to the agent, and any attempt to so      261          

surrender is invalid.                                                           

      (B)(1)  If an insurer or agent cancels the appointment of    264          

an agent or solicitor due to suspected fraud, misrepresentation,   265          

theft, conversion, or any other culpable misappropriation, the     266          

insurer or agent shall promptly notify the superintendent.  The    267          

notice shall include a complete statement of the facts and the     268          

reasons for the cancellation.                                      269          

      (2)  In the absence of fraud or actual malice, an insurer    271          

or agent is immune from any civil liability that otherwise might   272          

be incurred or imposed as a result of any action taken by the      273          

insurer or agent to comply with division (B)(1) of this section.   275          

      (C)  If an agent's license is surrendered, revoked, or       277          

suspended, all appointments held by the agent are void.  If a new  279          

license is issued to that person or if that person's previous      280          

license is reinstated, any appointment of the person to represent  281          

an insurer or agent must be made in accordance with the            282          

requirements of this chapter.                                                   

      (D)(1)  Any agent, other than a corporation, partnership,    284          

                                                          7      


                                                                 
or limited liability company, who is no longer engaged in the      285          

business of insurance in any capacity for which an agent's         286          

license is required may apply to the superintendent for inactive   287          

status.  The superintendent may grant such status only if the      288          

superintendent is satisfied that the person is not engaged in and  290          

does not intend to engage in any of the activities set forth in    291          

section 3905.01 of the Revised Code that requires an agent's       293          

license.                                                           294          

      (2)  A person who has been granted inactive status is        296          

exempt from any continuing education requirements imposed under    297          

this chapter.                                                      298          

      (3)  The superintendent may adopt rules in accordance with   301          

Chapter 119. of the Revised Code to establish procedures for       304          

applying for inactive status, criteria used to determine                        

eligibility for such status, and standards and procedures for      305          

transferring from inactive to active status.                       306          

      (E)  The superintendent may suspend or revoke a license, or  309          

take any other disciplinary action authorized by this chapter,     310          

regardless of whether the person is appointed or otherwise         311          

authorized to represent an insurer or agent.                       312          

      Sec. 3905.48.  (A)  No person, unless the person has         322          

complied with division (B) of this section, shall be permitted to  324          

take an examination for a license as an agent to engage in the                  

sale of any of the following types of insurance:                   326          

      (1)  Life insurance, annuity contracts, variable annuity     328          

contracts, and variable life insurance;                            329          

      (2)  Sickness and accident insurance;                        331          

      (3)  All lines of property and casualty insurance;           333          

      (4)  SURETY BAIL BONDS;                                      335          

      (5)  All other lines of insurance for which an examination   337          

is required for licensing, except title insurance.                 338          

      (B)  No person shall be permitted to take an examination     340          

described in division (A) of this section unless either of the     341          

following applies:                                                 342          

                                                          8      


                                                                 
      (1)  The person has earned a bachelor's or associate's       344          

degree in insurance in an accredited institution;                  345          

      (2)  The person has been granted a diploma for successfully  347          

completing a high school curriculum under section 3313.61 of the   348          

Revised Code or a certificate of high school equivalence under     349          

rule 3301-41-1 of the Administrative Code, or been granted a       350          

comparable diploma or certificate by another state, and has        351          

successfully completed at least forty hours of study in a program  352          

of insurance education approved by the superintendent of           353          

insurance in consultation with the insurance agent education       354          

advisory council under criteria established by the                 355          

superintendent.                                                    356          

      Sec. 3905.49.  (A)  As used in this section:                 365          

      (1)  "Insurer" has the same meaning as in section 3901.32    368          

of the Revised Code.                                                            

      (2)  "Refusal to issue or renew" means the decision of the   371          

superintendent of insurance not to process either the initial      372          

application for a license as an agent or the renewal of such a     373          

license.                                                                        

      (3)  "Revocation" means the permanent termination of all     376          

authority to hold any license as an agent in this state.                        

      (4)  "Surrender for cause" means the voluntary termination   379          

of all authority to hold any license as an agent in this state,    380          

in lieu of a revocation or suspension order.                       381          

      (5)  "Suspension" means the termination of all authority to  384          

hold any license as an agent in this state, for either a           385          

specified period of time or an indefinite period of time and       386          

under any terms or conditions determined by the superintendent.    387          

      (B)  The superintendent may suspend, revoke, or refuse to    391          

issue or renew any license as an agent, SURETY BAIL BOND AGENT,    392          

surplus line broker, or limited insurance representative, or       393          

impose any other sanction authorized under this chapter, for one   395          

or more of the following reasons:                                  396          

      (1)  Obtaining or attempting to obtain any license or        398          

                                                          9      


                                                                 
appointment through misrepresentation or fraud, including making   399          

any materially untrue statement in an application for a license    402          

or appointment;                                                                 

      (2)  Violating or failing to comply with any insurance law,  406          

rule, subpoena, consent agreement, or order of the                 407          

superintendent;                                                                 

      (3)  Misappropriating or converting to the person's own use  410          

any moneys belonging to policyholders, prospective policyholders,  411          

beneficiaries, insurance companies, SURETIES, PRINCIPALS, or       412          

others received in the course of the person's insurance business;  414          

      (4)  Failing to timely submit an application for insurance.  417          

For purposes of division (B)(4) of this section, a submission is   419          

considered timely if it occurs within the time period expressly    420          

provided for by the insurer, or within seven days after the agent  421          

accepts a premium or an order to bind from a policyholder or       422          

applicant, whichever is later.                                                  

      (5)  Knowingly misrepresenting the terms, benefits, value,   425          

cost, or effective dates of any actual or proposed insurance       426          

policy or, contract, OR BOND;                                      428          

      (6)  Being convicted of a felony;                            430          

      (7)  Being convicted of a misdemeanor that involves the      433          

misuse or theft of money or property belonging to another, fraud,  434          

forgery, dishonest acts, or breach of a fiduciary duty, or that    436          

is based on any act or omission relating to the business of                     

insurance, securities, or financial services;                      437          

      (8)  Committing an unfair trade act or practice under any    441          

section of Title XXXIX of the Revised Code or any rule adopted     442          

thereunder;                                                                     

      (9)  Having an insurance license suspended or revoked in     445          

any other state, province, or territory;                           446          

      (10)  Forging or causing the forgery of another's name to    450          

any document related to or used in an insurance transaction;       451          

      (11)  Possessing or using any unauthorized materials during  453          

a licensing or continuing education examination or cheating on a   455          

                                                          10     


                                                                 
licensing or continuing education examination;                                  

      (12)  Failing to disclose to an applicant for insurance or   458          

policyholder upon accepting a premium or an order to bind          459          

coverage from the applicant or policyholder, that the person has   460          

not been appointed as agent by the insurer and is not an           461          

appointed solicitor of an appointed agent;                                      

      (13)  Having any professional license suspended or revoked   464          

as a result of a mishandling of funds or breach of fiduciary       465          

responsibilities;                                                  466          

      (14)  Causing or permitting a policyholder or applicant for  469          

insurance to designate the person or the person's spouse, parent,  470          

child, or sibling as the beneficiary of a policy or annuity sold   471          

by the person, unless the person or a relative of the person is    472          

the insured or applicant;                                                       

      (15)  Failing to provide a written response to the           474          

department of insurance within thirty days after receipt of any    476          

written inquiry from the department;                                            

      (16)  Failing to notify the superintendent of any change in  479          

the person's address, within thirty days after the change occurs,  481          

as required by section 3905.54 of the Revised Code;                             

      (17)  Transferring or placing insurance with an insurer      483          

other than the insurer expressly chosen by the applicant for       484          

insurance or policyholder without the consent of the applicant or  485          

policyholder or absent extenuating circumstances;                  486          

      (18)  Engaging in any fraudulent, DISHONEST, or coercive     488          

practice in connection with the business of insurance;             489          

      (19)  Failing to inform a policyholder or applicant for      491          

insurance of the identity of the insurer or insurers, or the       492          

identity of any other insurance agent, general agent, surplus      493          

line broker, or licensee known to be involved in procuring,        494          

placing, or continuing the insurance for the policyholder or       495          

applicant, upon the binding of the coverage;                       496          

      (20)  In the case of an agent that is a corporation,         498          

limited liability company, or partnership, failing to report an    499          

                                                          11     


                                                                 
individual licensee's violation to the department when the         500          

violation was known or should have been known by one or more of    501          

the partners, officers, managers, or members of the corporation,   502          

limited liability company, or partnership;                         503          

      (21)  Submitting or using a document in the conduct of the   506          

business of insurance when the person knew or should have known    507          

that the document contained the forged signature of another        508          

person;                                                                         

      (22)  Misrepresenting the person's qualifications or using   511          

in any way a professional designation that has not been conferred  512          

upon the person by the appropriate accrediting organization;       513          

      (23)  Obtaining a premium loan or causing a premium loan to  516          

be made to or in the name of an insured without that person's      517          

knowledge and written authorization;                                            

      (24)  Failing to notify the superintendent of any            519          

disciplinary action taken by the insurance authority of another    520          

state, within sixty days after the action was taken, as required   522          

by section 3905.54 of the Revised Code;                                         

      (25)  Failing to file any of the reports or notices          524          

required under this chapter;                                       525          

      (26)  Submitting an application for insurance, or causing    528          

the issuance of an insurance policy or contract, on behalf of an   529          

applicant who did not request or authorize the insurance.          530          

Division (B)(26) of this section does not apply to any policy      531          

issued by an other than life insurance company.                                 

      (27)  Using paper, software, or any other materials of or    534          

provided by an insurer after the insurer has terminated the                     

authority of the licensee, if the use of such materials would      535          

cause a reasonable person to believe that the licensee was acting  537          

on behalf of or otherwise representing the insurer;                538          

      (28)  Providing misleading, deceptive, or untrue             540          

information to an applicant for insurance or a policyholder        541          

regarding a particular insurance agent, company, or product;       543          

      (29)  Soliciting, procuring an application for, or placing,  546          

                                                          12     


                                                                 
either directly or indirectly, any insurance policy when the       547          

person is not authorized under this chapter to engage in such      548          

activity;                                                                       

      (30)  Soliciting, marketing, or selling any product or       550          

service that offers benefits similar to insurance but is not       551          

regulated by the superintendent, without fully disclosing to the   552          

prospective purchaser that the product or service is not           553          

insurance and is not regulated by the superintendent;              554          

      (31)  Failing to fulfill a refund obligation in a timely     556          

manner.  For purposes of division (B)(31) of this section, a       558          

rebuttable presumption exists that a refund obligation is not      559          

fulfilled in a timely manner unless it is fulfilled within one of  560          

the following time periods:                                        561          

      (a)  Thirty days after the date the policyholder,            564          

applicant, or insurer takes or requests action resulting in a      565          

refund;                                                                         

      (b)  Thirty days after the date of the insurer's refund      568          

check, if the agent is expected to issue a portion of the total    569          

refund;                                                                         

      (c)  Forty-five days after the date of the agent's           572          

statement of account on which the refund first appears.            573          

      (32)  WITH RESPECT TO A SURETY BAIL BOND AGENT LICENSE,      575          

REBATING OR OFFERING TO REBATE, OR UNLAWFULLY DIVIDING OR          576          

OFFERING TO DIVIDE, ANY COMMISSION.                                577          

      (C)  Before denying, revoking, suspending, or refusing to    579          

issue any license or imposing any penalty under this section or    581          

section 3905.482 of the Revised Code, the superintendent shall                  

provide the licensee or applicant with notice and an opportunity   584          

for hearing as provided in Chapter 119. of the Revised Code,       585          

except as follows:                                                 586          

      (1)(a)  Any notice of opportunity for hearing, the hearing   588          

officer's findings and recommendations, or the superintendent's    590          

order shall be served by certified mail at the last known address  591          

of the licensee or applicant.  Service shall be evidenced by       592          

                                                          13     


                                                                 
return receipt signed by any person.                                            

      For purposes of this section, the "last known address" is    594          

the address that appears in the licensing records of the           595          

department of insurance.                                                        

      (b)  If the certified mail envelope is returned with an      598          

endorsement showing that service was refused, or that the          599          

envelope was unclaimed, the notice and all subsequent notices                   

required by Chapter 119. of the Revised Code may be served by      600          

ordinary mail to the last known address of the licensee or         601          

applicant.  The mailing shall be evidenced by a certificate of     602          

mailing.  Service is deemed complete as of the date of such        603          

certificate provided that the ordinary mail envelope is not        604          

returned by the postal authorities with an endorsement showing     605          

failure of delivery.  The time period in which to request a        606          

hearing, as provided in Chapter 119. of the Revised Code, begins   609          

to run on the date of mailing.                                     610          

      (c)  If service by ordinary mail fails, the superintendent   613          

may cause a summary of the substantive provisions of the notice    614          

to be published once a week for three consecutive weeks in a       615          

newspaper of general circulation in the county where the last      616          

known place of residence or business of the party is located.      617          

The notice is considered served on the date of the third           618          

publication.                                                                    

      (d)  Any notice required to be served under Chapter 119. of  621          

the Revised Code shall also be served upon the party's attorney    624          

by ordinary mail if the attorney has entered an appearance in the  625          

matter.                                                                         

      (e)  The superintendent may, at any time, perfect service    628          

on a party by personal delivery of the notice by an employee of    629          

the department.                                                                 

      (f)  Notices regarding the scheduling of hearings and all    632          

other matters not described in division (C)(1)(a) of this section  634          

shall be sent by ordinary mail to the party and to the party's     635          

attorney.                                                                       

                                                          14     


                                                                 
      (2)  Any subpoena for the appearance of a witness or the     638          

production of documents or other evidence at a hearing, or for     639          

the purpose of taking testimony for use at a hearing, shall be     640          

served by certified mail, return receipt requested, by an                       

attorney or by an employee of the department designated by the     641          

superintendent.  Such subpoenas shall be enforced in the manner    642          

provided in section 119.09 of the Revised Code.  Nothing in this   645          

section shall be construed as limiting the superintendent's other  646          

statutory powers to issue subpoenas.                               647          

      (D)  If the superintendent determines that a violation       649          

described in this section has occurred, the superintendent may do  651          

any of the following:                                              652          

      (1)  Assess a civil forfeiture in an amount not exceeding    655          

twenty-five thousand dollars per violation;                                     

      (2)  Assess administrative costs to cover the expenses       657          

incurred by the department in the administrative action,           658          

including costs incurred in the investigation and hearing          659          

processes.  Any costs collected shall be paid into the state       660          

treasury to the credit of the department of insurance operating    661          

fund created in section 3901.021 of the Revised Code.              663          

      (3)  Suspend all of the person's licenses for all lines of   665          

insurance for either a specified period of time or an indefinite   666          

period of time and under such terms and conditions as the          667          

superintendent may determine;                                      668          

      (4)  Permanently revoke all of the person's licenses for     670          

all lines of insurance;                                            671          

      (5)  Refuse to issue a license;                              673          

      (6)  Refuse to renew a license;                              675          

      (7)  Prohibit the person from being employed in any          677          

capacity in the business of insurance and from having any          678          

financial interest in any insurance agency, company, SURETY BAIL   679          

BOND BUSINESS, or third-party administrator in this state.  The    681          

superintendent may, in the superintendent's discretion, determine  682          

the nature, conditions, and duration of such restrictions.         683          

                                                          15     


                                                                 
      (8)  Order corrective actions in lieu of or in addition to   686          

the other penalties listed in division (D) of this section.  Such  687          

an order may provide for the suspension of civil forfeitures,      688          

license revocation, license suspension, or refusal to issue or     689          

renew a license if the licensee complies with the terms and        690          

conditions of the corrective action order.                         691          

      (9)  Accept a surrender for cause offered by the licensee,   694          

which shall be for at least five years and shall prohibit the      695          

licensee from seeking any license authorized under this chapter    696          

during that time period.  A surrender for cause may also include   697          

a corrective action order as provided in division (D)(8) of this   698          

section.                                                                        

      (E)  The superintendent may consider the following factors   701          

in denying a license, imposing suspensions, revocations, fines,    702          

or other penalties, and issuing orders under this section:         703          

      (1)  Whether the person acted in good faith;                 705          

      (2)  Whether the person made restitution for any pecuniary   708          

losses suffered by other persons as a result of the person's       709          

actions;                                                           710          

      (3)  The actual harm or potential for harm to others;        712          

      (4)  The degree of trust placed in the person by, and the    714          

vulnerability of, persons who were or could have been adversely    716          

affected by the person's actions;                                  717          

      (5)  Whether the person was the subject of any previous      720          

administrative actions by the superintendent;                                   

      (6)  The number of individuals adversely affected by the     723          

person's acts or omissions;                                                     

      (7)  Whether the person voluntarily reported the violation,  725          

and the extent of the person's cooperation and acceptance of       726          

responsibility;                                                    727          

      (8)  Whether the person obstructed or impeded, or attempted  730          

to obstruct or impede, the superintendent's investigation;         731          

      (9)  The person's efforts to conceal the misconduct;         734          

      (10)  Remedial efforts to prevent future violations;         737          

                                                          16     


                                                                 
      (11)  If the person was convicted of a criminal offense,     740          

the nature of the offense, whether the conviction was based on     741          

acts or omissions taken under any professional license, whether    742          

the offense involved the breach of a fiduciary duty, the amount    743          

of time that has passed, and the person's activities subsequent    744          

to the conviction;                                                              

      (12)  Such other factors as the superintendent determines    746          

to be appropriate under the circumstances.                         747          

      (F)(1)  A violation described in division (B)(1), (2), (3),  750          

(5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (17),       751          

(18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29),  753          

(30), or (31), OR (32) of this section is a class A offense for    754          

which the superintendent may impose any penalty set forth in       755          

division (D) of this section.                                      756          

      (2)  A violation described in division (B)(4), (15), (16),   759          

or (24) of this section is a class B offense for which the         761          

superintendent may impose any penalty set forth in division        762          

(D)(1), (2), (8), or (9) of this section.                          764          

      (G)  If a violation described in this section has caused,    767          

is causing, or is about to cause substantial and material harm,    769          

the superintendent may issue an order requiring that person to     770          

cease and desist from engaging in the violation.  Notice of the    771          

order shall be mailed by certified mail, return receipt            772          

requested, or served in any other manner provided for in this      773          

section, immediately after its issuance to the person subject to   774          

the order and to all persons known to be involved in the           775          

violation.  The superintendent may thereafter publicize or         776          

otherwise make known to all interested parties that the order has  777          

been issued.                                                                    

      The notice shall specify the particular act, omission,       779          

practice, or transaction that is subject to the cease-and-desist   780          

order and shall set a date, not more than fifteen days after the   781          

date of the order, for a hearing on the continuation or            782          

revocation of the order.  The person shall comply with the order   783          

                                                          17     


                                                                 
immediately upon receipt of notice of the order.                   784          

      The superintendent may, upon the application of a party and  787          

for good cause shown, continue the hearing.  Chapter 119. of the   788          

Revised Code applies to such hearings to the extent that that      791          

chapter does not conflict with the procedures set forth in this    792          

section.  The superintendent shall, within fifteen days after      793          

objections are submitted to the hearing officer's report and       794          

recommendation, issue a final order either confirming or revoking  795          

the cease-and-desist order.  The final order may be appealed as    796          

provided under section 119.12 of the Revised Code.                 798          

      The remedy under this division is cumulative and concurrent  801          

with the other remedies available under this section.                           

      (H)  If the superintendent has reasonable cause to believe   804          

that an order issued under this section has been violated in       805          

whole or in part, the superintendent may request the attorney      806          

general to commence and prosecute any appropriate action or        807          

proceeding in the name of the state against such person.           808          

      The court may, in an action brought pursuant to this         810          

division, impose any of the following:                             811          

      (1)  For each violation, a civil penalty of not more than    814          

twenty-five thousand dollars;                                                   

      (2)  Injunctive relief;                                      816          

      (3)  Restitution;                                            818          

      (4)  Any other appropriate relief.                           820          

      (I)  WITH RESPECT TO A SURETY BAIL BOND AGENT LICENSE:       822          

      (1)  UPON THE SUSPENSION OR REVOCATION OF A LICENSE, OR THE  824          

ELIGIBILITY OF A SURETY BAIL BOND AGENT TO HOLD A LICENSE, THE     825          

SUPERINTENDENT LIKEWISE MAY SUSPEND OR REVOKE THE LICENSE OR       826          

ELIGIBILITY OF ANY SURETY BAIL BOND AGENT WHO IS EMPLOYED BY OR    827          

ASSOCIATED WITH THAT AGENT AND WHO KNOWINGLY WAS A PARTY TO THE    828          

ACT THAT RESULTED IN THE SUSPENSION OR REVOCATION.                 829          

      (2)  THE SUPERINTENDENT MAY REVOKE A LICENSE AS A SURETY     831          

BAIL BOND AGENT IF THE LICENSEE IS ADJUDGED BANKRUPT.              832          

      (J)  This section applies to both resident and nonresident   835          

                                                          18     


                                                                 
agents who are licensed under this chapter.                        836          

      (J)(K)  Nothing in this section shall be construed to        839          

create or imply a private cause of action against an agent,        841          

solicitor, or insurer.                                                          

      Sec. 3905.55.  (A)  Except as provided in division (B) of    851          

this section, an agent may charge a consumer a fee if all of the   852          

following conditions are met:                                      853          

      (1)  The fee is disclosed to the consumer in a manner that   856          

separately identifies the fee and the premium.                                  

      (2)  The fee is not calculated as a percentage of the        858          

premium.                                                           859          

      (3)  The fee is not refunded, forgiven, waived, offset, or   862          

reduced by any commission earned or received for any policy or     863          

coverage sold.                                                                  

      (4)  The amount of the fee, and the consumer's obligation    866          

to pay the fee, are not conditioned upon the occurrence of a       867          

future event or condition, such as the purchase, cancellation,     868          

lapse, declination, or nonrenewal of insurance.                    869          

      (5)  The agent discloses to the consumer that the fee is     872          

being charged by the agent and not by the insurance company, that  873          

neither state law nor the insurance company requires the agent to  874          

charge the fee, and that the fee is not refundable.                875          

      (6)  The consumer consents to the fee.                       877          

      (7)  The agent, in charging the fee, does not discriminate   880          

on the basis of race, sex, national origin, religion, disability,  881          

health status, age, marital status, or geographic location, and    882          

does not unfairly discriminate between persons of essentially the  883          

same class and of essentially the same hazard or expectation of    884          

life.                                                                           

      (B)  A fee may not be charged for taking or submitting an    887          

initial application for coverage with any one insurer or           888          

different programs with the same insurer, or processing a change   889          

to an existing policy, a cancellation, a claim, or a renewal, in   890          

connection with any of the following personal lines policies:      891          

                                                          19     


                                                                 
      (1)  Private passenger automobile;                           893          

      (2)  Homeowners, including coverage for tenants or           895          

condominium owners, owner-occupied fire or dwelling property       896          

coverage, personal umbrella liability, or any other personal       897          

lines-related coverage whether sold as a separate policy or as an  899          

endorsement to another personal lines policy;                                   

      (3)  Individual life insurance;                              901          

      (4)  Individual sickness or accident insurance;              903          

      (5)  Disability income policies;                             905          

      (6)  Credit insurance products.                              908          

      (C)  Notwithstanding any other provision of this section,    911          

an agent may charge a fee for agent services in connection with a  912          

policy issued on a no-commission basis, if the agent provides the  913          

consumer with prior disclosure of the fee and of the services to   914          

be provided.                                                       915          

      (D)  In the event of a dispute between an agent and a        918          

consumer regarding any disclosure required by this section, the    919          

agent has the burden of proving that the disclosure was made.      920          

      (E)(1)  No person shall fail to comply with this section.    923          

      (2)  Whoever violates division (E)(1) of this section is     926          

deemed to have engaged in an unfair and deceptive act or practice  928          

in the business of insurance under sections 3901.19 to 3901.26 of  929          

the Revised Code.                                                  930          

      (F)  THIS SECTION DOES NOT APPLY WITH RESPECT TO ANY         932          

EXPENSE FEE CHARGED BY A SURETY BAIL BOND AGENT TO COVER THE       933          

COSTS INCURRED BY THE SURETY BAIL BOND AGENT IN EXECUTING THE      934          

BAIL BOND.                                                                      

      Sec. 3905.86 3905.81.  (A)  As used in this section:         943          

      (1)  "Reinsurance intermediary-broker" means a person,       945          

other than an officer or employee of the ceding insurer, that      946          

solicits, negotiates, or places reinsurance cessions or            947          

retrocessions on behalf of a ceding insurer without the authority  948          

or power to bind reinsurance on behalf of such insurer.            949          

      (2)(a)  "Reinsurance intermediary-manager" means a person    951          

                                                          20     


                                                                 
that has authority to bind or that manages all or part of the      952          

assumed reinsurance business of a reinsurer, including the         953          

management of a separate division, department, or underwriting     954          

office, and that acts as an agent of the reinsurer whether known   955          

as a reinsurance intermediary-manager, manager, or similar term.   956          

      (b)  "Reinsurance intermediary-manager" does not include:    958          

      (i)  An employee of the reinsurer;                           960          

      (ii)  A United States manager of the United States branch    962          

of an alien reinsurer;                                             963          

      (iii)  An underwriting manager that, pursuant to contract,   965          

manages all of the reinsurance operations of the reinsurer, is     966          

under common control with the reinsurer, subject to sections       967          

3901.32 to 3901.37 of the Revised Code, and whose compensation is  968          

not based on the volume of premiums written;                       969          

      (iv)  The manager of a group, association, pool, or          971          

organization of insurers that engages in joint reinsurance and     972          

that are subject to examination by the insurance regulatory        973          

authority of the state in which the manager's principal business   974          

office is located.                                                 975          

      (B)  No person shall act as a reinsurance                    977          

intermediary-broker or reinsurance intermediary-manager in this    978          

state, or on behalf of an insurer or reinsurer domiciled in this   979          

state, unless the person first obtains a license from the          980          

superintendent of insurance in accordance with this section or     981          

the superintendent accepts, in accordance with rules that he THE   982          

SUPERINTENDENT may adopt under division (C) of this section, a     984          

license issued to the person by the insurance regulatory           985          

authority of another state.                                                     

      (C)  The superintendent of insurance shall adopt rules in    987          

accordance with Chapter 119. of the Revised Code establishing the  988          

standards and procedures for licensing reinsurance                 989          

intermediary-brokers and reinsurance intermediary-managers.  The   990          

superintendent may also adopt rules, in accordance with Chapter    991          

119. of the Revised Code, for the acceptance of licenses issued    992          

                                                          21     


                                                                 
by insurance regulatory authorities of other states with statutes  993          

similar to this section in lieu of requiring a license to be       994          

obtained from the superintendent under division (B) of this        995          

section.                                                           996          

      (D)  The fee for the issuance or renewal of a license shall  998          

be five hundred dollars.  The fee for accepting the license of     999          

another state shall be one hundred dollars each year.  All fees    1,000        

collected pursuant to this section shall be paid into the state    1,001        

treasury to the credit of the department of insurance operating    1,002        

fund.                                                              1,003        

      Sec. 3905.83.  AS USED IN SECTIONS 3905.83 TO 3905.95 OF     1,005        

THE REVISED CODE:                                                               

      (A)  "INSURER" MEANS ANY DOMESTIC, FOREIGN, OR ALIEN         1,008        

INSURANCE COMPANY THAT HAS BEEN ISSUED A CERTIFICATE OF AUTHORITY  1,009        

BY THE SUPERINTENDENT OF INSURANCE TO TRANSACT SURETY BUSINESS IN  1,010        

THIS STATE.                                                                     

      (B)  "MANAGING GENERAL AGENT" MEANS ANY PERSON THAT IS       1,013        

APPOINTED OR EMPLOYED BY AN INSURER TO SUPERVISE OR OTHERWISE      1,014        

MANAGE THE BAIL BOND BUSINESS WRITTEN IN THIS STATE BY SURETY      1,015        

BAIL BOND AGENTS APPOINTED BY THE INSURER.                         1,016        

      (C)  "SURETY" MEANS AN INSURER THAT AGREES TO BE             1,019        

RESPONSIBLE FOR THE FULFILLMENT OF THE OBLIGATION OF A PRINCIPAL   1,020        

IF THE PRINCIPAL FAILS TO FULFILL THAT OBLIGATION.                 1,021        

      Sec. 3905.84.  NO PERSON SHALL ACT IN THE CAPACITY OF A      1,023        

SURETY BAIL BOND AGENT, OR PERFORM ANY OF THE FUNCTIONS, DUTIES,   1,025        

OR POWERS PRESCRIBED FOR SURETY BAIL BOND AGENTS UNDER SECTIONS    1,026        

3905.83 TO 3905.95 OF THE REVISED CODE, UNLESS THAT PERSON IS                   

QUALIFIED, LICENSED, AND APPOINTED AS PROVIDED IN THOSE SECTIONS.  1,028        

      Sec. 3905.841.  THE FOLLOWING PERSONS OR CLASSES OF PERSONS  1,030        

SHALL NOT ACT AS SURETY BAIL BOND AGENTS OR EMPLOYEES OF A SURETY  1,031        

BAIL BOND AGENT OR BAIL BOND BUSINESS AND SHALL NOT DIRECTLY OR    1,034        

INDIRECTLY RECEIVE ANY BENEFITS FROM THE EXECUTION OF A BAIL                    

BOND, EXCEPT AS A PRINCIPAL:                                       1,035        

      (A)  JAILERS OR OTHER PERSONS EMPLOYED IN A DETENTION        1,037        

                                                          22     


                                                                 
FACILITY, AS DEFINED IN SECTION 2921.01 OF THE REVISED CODE;       1,039        

      (B)  PEACE OFFICERS AS DEFINED IN SECTION 2921.51 OF THE     1,041        

REVISED CODE, OR OTHER EMPLOYEES OF A LAW ENFORCEMENT AGENCY;      1,042        

      (C)  COMMITTING MAGISTRATES, EMPLOYEES OF A COURT, OR        1,044        

EMPLOYEES OF THE CLERK OF ANY COURT;                               1,045        

      (D)  ATTORNEYS;                                              1,047        

      (E)  ANY OTHER PERSONS HAVING THE POWER TO ARREST, OR        1,049        

PERSONS WHO HAVE AUTHORITY OVER OR CONTROL OF, FEDERAL, STATE,     1,050        

COUNTY, OR MUNICIPAL CORPORATION PRISONERS.                        1,051        

      Sec. 3905.85.  (A)  AN APPLICANT FOR A LICENSE AS A SURETY   1,054        

BAIL BOND AGENT SHALL SUBMIT AN APPLICATION FOR THE LICENSE IN A   1,055        

MANNER PRESCRIBED BY THE SUPERINTENDENT OF INSURANCE.  THE         1,056        

APPLICATION SHALL BE ACCOMPANIED BY A ONE HUNDRED FIFTY DOLLAR     1,057        

FEE AND A STATEMENT THAT GIVES THE APPLICANT'S NAME, AGE,          1,058        

RESIDENCE, PRESENT OCCUPATION, OCCUPATION FOR THE FIVE YEARS NEXT  1,059        

PRECEDING THE DATE OF THE APPLICATION, AND SUCH OTHER INFORMATION  1,060        

AS THE SUPERINTENDENT MAY REQUIRE.                                 1,061        

      THE APPLICANT SHALL ALSO REQUEST A CRIMINAL RECORDS CHECK    1,063        

CONDUCTED BY THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL          1,064        

IDENTIFICATION AND INVESTIGATION IN ACCORDANCE WITH SECTION        1,065        

109.572 OF THE REVISED CODE, AND DIRECT THAT THE BUREAU'S WRITTEN  1,067        

RESPONSE TO THAT REQUEST BE TRANSMITTED TO THE SUPERINTENDENT OF   1,068        

INSURANCE, OR TO THE SUPERINTENDENT'S DESIGNEE, AS SPECIFIED ON    1,070        

THE FORM PRESCRIBED PURSUANT TO THAT SECTION.  IF THE                           

SUPERINTENDENT OF INSURANCE OR THE SUPERINTENDENT'S DESIGNEE       1,071        

FAILS TO RECEIVE THE BUREAU'S RESPONSE TO THE APPLICANT'S REQUEST  1,072        

FOR A CRIMINAL RECORDS CHECK, THE SUPERINTENDENT MAY REFUSE TO     1,073        

ISSUE A LICENSE UNDER THIS SECTION.  THE APPLICANT SHALL PAY ANY   1,074        

FEE REQUIRED BY THE BUREAU FOR CONDUCTING THE CRIMINAL RECORDS     1,075        

CHECK.                                                                          

      AN APPLICANT FOR A LICENSE SHALL SUBMIT TO AN EXAMINATION    1,077        

AS TO THE QUALIFICATIONS SET FORTH IN DIVISION (B) OF THIS         1,078        

SECTION.                                                                        

      (B)  THE SUPERINTENDENT OF INSURANCE SHALL ISSUE TO AN       1,081        

                                                          23     


                                                                 
APPLICANT A LICENSE THAT STATES IN SUBSTANCE THAT THE PERSON IS    1,082        

AUTHORIZED TO DO THE BUSINESS OF A SURETY BAIL BOND AGENT, IF THE  1,083        

SUPERINTENDENT IS SATISFIED THAT ALL OF THE FOLLOWING APPLY:       1,084        

      (1)  IF THE APPLICANT IS A NATURAL PERSON, THE APPLICANT IS  1,086        

EIGHTEEN YEARS OF AGE OR OLDER.                                    1,087        

      (2)  THE APPLICANT IS A PERSON OF HIGH CHARACTER AND         1,089        

INTEGRITY.                                                         1,090        

      (3)  THE APPLICANT HAS SUCCESSFULLY COMPLETED THE            1,092        

EDUCATIONAL REQUIREMENTS SET FORTH IN SECTION 3905.48 OF THE       1,094        

REVISED CODE.                                                                   

      (C)  A SURETY BAIL BOND AGENT LICENSE ISSUED PURSUANT TO     1,096        

THIS SECTION AUTHORIZES THE HOLDER, WHEN APPOINTED BY AN INSURER,  1,097        

TO EXECUTE OR COUNTERSIGN BAIL BONDS IN CONNECTION WITH JUDICIAL   1,098        

PROCEEDINGS AND TO RECEIVE MONEY OR OTHER THINGS OF VALUE FOR      1,099        

THOSE SERVICES.  HOWEVER, THE HOLDER SHALL NOT EXECUTE OR DELIVER  1,100        

A BOND DURING THE FIRST ONE HUNDRED EIGHTY DAYS AFTER THE LICENSE  1,101        

IS INITIALLY ISSUED.  THIS RESTRICTION DOES NOT APPLY WITH         1,102        

RESPECT TO LICENSE RENEWALS.                                       1,103        

      (D)  THE SUPERINTENDENT OF INSURANCE MAY SUSPEND OR REVOKE   1,105        

A SURETY BAIL BOND AGENT'S LICENSE AS PROVIDED IN SECTION          1,107        

3905.482 OF THE REVISED CODE, AND MAY SUSPEND, REVOKE, OR REFUSE   1,108        

TO ISSUE OR RENEW SUCH A LICENSE AS PROVIDED IN SECTION 3905.49    1,109        

OF THE REVISED CODE.                                               1,110        

      IF THE SUPERINTENDENT REFUSES TO ISSUE SUCH A LICENSE BASED  1,112        

IN WHOLE OR IN PART UPON THE BUREAU'S WRITTEN RESPONSE TO A        1,113        

CRIMINAL RECORDS CHECK REQUESTED PURSUANT TO DIVISION (A) OF THIS  1,114        

SECTION, THE SUPERINTENDENT SHALL SEND A COPY OF THE RESPONSE      1,115        

THAT THE BUREAU TRANSMITTED TO THE SUPERINTENDENT OR TO THE        1,116        

SUPERINTENDENT'S DESIGNEE, TO THE APPLICANT AT THE APPLICANT'S     1,117        

HOME ADDRESS UPON THE APPLICANT'S SUBMISSION OF A WRITTEN REQUEST  1,118        

TO THE SUPERINTENDENT.                                             1,119        

      (E)  ANY PERSON LICENSED AS A SURETY BAIL BOND AGENT MAY     1,121        

SURRENDER THE PERSON'S LICENSE IN ACCORDANCE WITH SECTION          1,122        

3905.012 OF THE REVISED CODE.                                      1,123        

                                                          24     


                                                                 
      (F)  UNLESS REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR    1,125        

SURRENDERED BY THE SURETY BAIL BOND AGENT, SUCH A LICENSE MAY, IN  1,126        

THE DISCRETION OF THE SUPERINTENDENT AND THE PAYMENT OF A ONE      1,127        

HUNDRED FIFTY DOLLAR FEE, BE CONTINUED PAST THE LAST DAY OF        1,128        

FEBRUARY NEXT AFTER ITS ISSUE AND AFTER THE LAST DAY OF FEBRUARY   1,129        

IN EACH SUCCEEDING YEAR.                                           1,130        

      (G)   THE SUPERINTENDENT OF INSURANCE MAY PRESCRIBE THE      1,132        

FORMS TO BE USED AS EVIDENCE OF THE ISSUANCE OF A LICENSE UNDER    1,133        

THIS SECTION.  THE SUPERINTENDENT SHALL REQUIRE EACH LICENSEE TO   1,134        

ACQUIRE, FROM A SOURCE DESIGNATED BY THE SUPERINTENDENT, A WALLET  1,135        

IDENTIFICATION CARD THAT INCLUDES THE LICENSEE'S PHOTOGRAPH AND    1,136        

ANY OTHER INFORMATION REQUIRED BY THE SUPERINTENDENT.  THE         1,137        

LICENSEE SHALL KEEP THE WALLET IDENTIFICATION CARD ON THE          1,138        

LICENSEE'S PERSON WHILE ENGAGING IN THE BAIL BOND BUSINESS.        1,139        

      (H)(1)  THE SUPERINTENDENT OF INSURANCE SHALL NOT ISSUE OR   1,141        

RENEW THE LICENSE OF A CORPORATION, PARTNERSHIP, OR LIMITED        1,142        

LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THIS OR ANY OTHER    1,143        

STATE UNLESS THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY    1,144        

COMPANY IS QUALIFIED TO DO BUSINESS IN THIS STATE UNDER THE        1,145        

APPLICABLE PROVISIONS OF TITLE XVII OF THE REVISED CODE.           1,147        

      (2)  THE FAILURE OF A CORPORATION, PARTNERSHIP, OR LIMITED   1,149        

LIABILITY COMPANY TO BE IN GOOD STANDING WITH THE SECRETARY OF     1,150        

STATE OR TO MAINTAIN A VALID APPOINTMENT OF STATUTORY AGENT IS     1,151        

GROUNDS FOR SUSPENDING, REVOKING, OR REFUSING TO RENEW ITS         1,152        

LICENSE.                                                                        

      (3)  BY APPLYING FOR A SURETY BAIL BOND AGENT LICENSE UNDER  1,154        

THIS SECTION, AN INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LIMITED  1,155        

LIABILITY COMPANY CONSENTS TO THE JURISDICTION OF THE COURTS OF    1,156        

THIS STATE.                                                                     

      (I)  A SURETY BAIL BOND AGENT LICENSED PURSUANT TO THIS      1,159        

SECTION IS AN OFFICER OF THE COURT.                                1,160        

      (J)  ANY FEE COLLECTED UNDER THIS SECTION SHALL BE PAID      1,162        

INTO THE STATE TREASURY TO THE CREDIT OF THE DEPARTMENT OF         1,163        

INSURANCE OPERATING FUND CREATED BY SECTION 3901.021 OF THE        1,164        

                                                          25     


                                                                 
REVISED CODE.                                                                   

      Sec. 3905.851.  A SURETY BAIL BOND AGENT QUALIFIED,          1,166        

LICENSED, AND APPOINTED IN ACCORDANCE WITH SECTIONS 3905.83 TO     1,167        

3905.95 OF THE REVISED CODE SHALL NOT BE REQUIRED TO PAY ANY       1,169        

LICENSING FEE IMPOSED BY A POLITICAL SUBDIVISION OF THIS STATE TO  1,170        

PERFORM ANY OF THE FUNCTIONS, DUTIES, OR POWERS PRESCRIBED FOR     1,171        

SURETY BAIL BOND AGENTS UNDER THOSE SECTIONS.                                   

      Sec. 3905.86.  (A)  ANY PERSON LICENSED AS A SURETY BAIL     1,173        

BOND AGENT MAY BE APPOINTED BY AN INSURER IN ACCORDANCE WITH THIS  1,174        

SECTION.                                                                        

      (B)  EACH INSURER SHALL CERTIFY TO THE SUPERINTENDENT OF     1,177        

INSURANCE BEFORE THE THIRTIETH DAY OF JUNE EACH YEAR THE NAMES     1,178        

AND ADDRESSES OF THE SURETY BAIL BOND AGENTS FOR WHOM IT REQUESTS  1,179        

APPOINTMENTS OR THE CONTINUANCE OF APPOINTMENTS.  ALL INSURERS     1,180        

SHALL PAY TO THE SUPERINTENDENT A FEE OF TWENTY DOLLARS FOR EACH   1,181        

SUCH APPOINTMENT WHEN ISSUED AND FOR EACH CONTINUANCE THEREAFTER.  1,182        

SUCH AN APPOINTMENT, UNLESS CANCELED BY THE INSURER, MAY BE        1,183        

CONTINUED IN FORCE PAST THE THIRTIETH DAY OF JUNE NEXT AFTER ITS   1,184        

ISSUE AND AFTER THE THIRTIETH DAY OF JUNE OF EACH SUCCEEDING YEAR  1,185        

PROVIDED THAT THE APPOINTEE IS LICENSED AND IS ELIGIBLE FOR THE    1,186        

APPOINTMENT.                                                       1,187        

      ANY FEE COLLECTED UNDER THIS DIVISION SHALL BE PAID INTO     1,189        

THE STATE TREASURY TO THE CREDIT OF THE DEPARTMENT OF INSURANCE    1,190        

OPERATING FUND CREATED BY SECTION 3901.021 OF THE REVISED CODE.    1,193        

      (C)(1)  BY APPOINTING A SURETY BAIL BOND AGENT, AN INSURER   1,195        

CERTIFIES TO THE SUPERINTENDENT THAT THE PERSON IS COMPETENT,      1,197        

FINANCIALLY RESPONSIBLE, AND SUITABLE TO REPRESENT THE INSURER.    1,198        

      (2)  AN INSURER SHALL BE BOUND BY THE ACTS OF THE PERSON     1,200        

NAMED IN THE APPOINTMENT WITHIN THAT PERSON'S ACTUAL OR APPARENT   1,201        

AUTHORITY AS ITS AGENT.                                            1,202        

      (D)  A SURETY BAIL BOND AGENT SHALL NOT REPRESENT TO THE     1,204        

PUBLIC THAT THE AGENT HAS AUTHORITY TO REPRESENT A PARTICULAR      1,206        

INSURER UNTIL THE INSURER HAS ACKNOWLEDGED THAT AUTHORITY BY       1,207        

APPOINTMENT OF THE AGENT IN ACCORDANCE WITH THIS SECTION.          1,208        

                                                          26     


                                                                 
      Sec. 3905.861.  AN INSURER THAT APPOINTS A SURETY BAIL BOND  1,210        

AGENT WHO IS A MEMBER OF AN AGENCY, PARTNERSHIP, CORPORATION, OR   1,212        

LIMITED LIABILITY COMPANY SHALL REQUIRE THAT ALL OTHER SURETY      1,214        

BAIL BOND AGENTS WHO ARE MEMBERS OF THE SAME AGENCY, PARTNERSHIP,  1,215        

CORPORATION, OR LIMITED LIABILITY COMPANY BE APPOINTED TO                       

REPRESENT THAT INSURER.                                            1,216        

      Sec. 3905.862.  UPON THE EXPIRATION OR CANCELLATION OF A     1,218        

SURETY BAIL BOND AGENT'S APPOINTMENT, THE AGENT SHALL NOT ENGAGE   1,221        

OR ATTEMPT TO ENGAGE IN ANY ACTIVITY REQUIRING SUCH AN                          

APPOINTMENT.  HOWEVER, AN INSURER THAT CANCELS THE APPOINTMENT OF  1,222        

A SURETY BAIL BOND AGENT MAY AUTHORIZE THE AGENT TO CONTINUE TO    1,224        

ATTEMPT THE ARREST AND SURRENDER OF A DEFENDANT FOR WHOM A BAIL    1,225        

BOND HAD BEEN WRITTEN PRIOR TO THE CANCELLATION AND TO SEEK        1,226        

DISCHARGE OF FORFEITURES AND JUDGMENTS.                                         

      Sec. 3905.87.  (A)  A SURETY BAIL BOND AGENT SHALL NOT FILE  1,228        

A BOND IN ANY COURT OF THIS STATE UNLESS BOTH OF THE FOLLOWING     1,230        

CONDITIONS ARE MET:                                                             

      (1)  THE AGENT HAS REGISTERED WITH THE CLERK OF THAT COURT,  1,232        

IF REGISTRATION IS REQUIRED BY THE COURT.                          1,233        

      (2)  THE AGENT HAS REGISTERED WITH THE CLERK OF THE COURT    1,235        

OF COMMON PLEAS OF THE COUNTY IN WHICH THE AGENT RESIDES.          1,236        

      (B)  TO REGISTER, A SURETY BAIL BOND AGENT SHALL FILE, WITH  1,238        

THE CLERK OF THE COURT, A CERTIFIED COPY OF THE SURETY BAIL BOND   1,240        

AGENT'S APPOINTMENT BY POWER OF ATTORNEY FROM EACH INSURER THAT    1,242        

THE SURETY BAIL BOND AGENT REPRESENTS.  REGISTRATION AND FILING    1,243        

OF A CERTIFIED COPY OF A RENEWED POWER OF ATTORNEY SHALL BE        1,244        

PERFORMED BY THE FIRST DAY OF AUGUST OF EACH ODD-NUMBERED YEAR.    1,245        

THE CLERK OF THE COURT SHALL NOT ACCEPT THE REGISTRATION OF A                   

SURETY BAIL BOND AGENT UNLESS THE SURETY BAIL BOND AGENT IS        1,246        

CURRENTLY LICENSED AND APPOINTED IN ACCORDANCE WITH SECTIONS       1,248        

3905.83 TO 3905.95 OF THE REVISED CODE.                                         

      Sec. 3905.88.  (A)  EACH INDIVIDUAL WHO IS ISSUED A LICENSE  1,250        

AS A SURETY BAIL BOND AGENT SHALL COMPLETE, IN ACCORDANCE WITH     1,252        

SECTION 3905.481 OF THE REVISED CODE, AT LEAST FOURTEEN HOURS OF                

                                                          27     


                                                                 
CONTINUING EDUCATION OFFERED IN A COURSE OR PROGRAM OF STUDY       1,254        

RELATED TO THE BAIL BOND BUSINESS THAT IS APPROVED BY THE          1,255        

SUPERINTENDENT OF INSURANCE IN CONSULTATION WITH THE INSURANCE     1,256        

AGENT EDUCATION ADVISORY COUNCIL.                                  1,257        

      (B)  THE SUPERINTENDENT SHALL, IN ACCORDANCE WITH SECTION    1,259        

3905.482 OF THE REVISED CODE, SUSPEND OR REVOKE THE LICENSE OF     1,261        

ANY SURETY BAIL BOND AGENT WHO FAILS TO MEET THE REQUIREMENTS OF   1,262        

DIVISION (A) OF THIS SECTION AND HAS NOT BEEN GRANTED AN           1,263        

EXTENSION OF TIME WITHIN WHICH TO COMPLETE THE REQUIREMENTS.       1,264        

      (C)  THE SUPERINTENDENT SHALL ADOPT, IN ACCORDANCE WITH      1,268        

CHAPTER 119. OF THE REVISED CODE, ANY RULE NECESSARY TO CARRY OUT  1,271        

THE SUPERINTENDENT'S DUTIES UNDER THIS SECTION.                    1,272        

      Sec. 3905.89.  EACH PERSON LICENSED UNDER SECTIONS 3905.83   1,274        

TO 3905.95 OF THE REVISED CODE SHALL NOTIFY IN WRITING THE         1,276        

APPROPRIATE INSURER OR MANAGING GENERAL AGENT, AND THE CLERK OF    1,277        

THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE LICENSEE      1,278        

RESIDES, WITHIN THIRTY DAYS AFTER A CHANGE IN THE LICENSEE'S       1,279        

PRINCIPAL BUSINESS ADDRESS OR TELEPHONE NUMBER.                                 

      THIS NOTIFICATION REQUIREMENT IS IN ADDITION TO THE          1,281        

NOTIFICATION REQUIREMENTS SET FORTH IN SECTION 3905.54 OF THE      1,282        

REVISED CODE.                                                                   

      Sec. 3905.90.  EACH SURETY BAIL BOND AGENT SHALL MAINTAIN    1,284        

ALL RECORDS OF SURETY BONDS EXECUTED OR COUNTERSIGNED BY THE       1,286        

SURETY BAIL BOND AGENT FOR AT LEAST THREE YEARS AFTER THE          1,288        

LIABILITY OF THE SURETY HAS BEEN TERMINATED.  THOSE RECORDS SHALL  1,289        

BE OPEN, AT ALL TIMES, TO EXAMINATION, INSPECTION, AND                          

PHOTOGRAPHIC REPRODUCTION BY ANY EMPLOYEE OR AGENT OF THE          1,290        

DEPARTMENT OF INSURANCE, OR BY ANY AUTHORIZED REPRESENTATIVE OF    1,291        

THE INSURER OR MANAGING GENERAL AGENT.  THE SUPERINTENDENT OF      1,292        

INSURANCE AT ANY TIME MAY REQUIRE THE LICENSEE TO FURNISH TO THE   1,293        

DEPARTMENT, IN THE MANNER AND FORM THAT THE SUPERINTENDENT                      

REQUIRES, ANY INFORMATION CONCERNING THE SURETY BOND BUSINESS OF   1,294        

THE LICENSEE.                                                                   

      Sec. 3905.91.  (A)  ALL BUILD-UP FUNDS POSTED BY A SURETY    1,296        

                                                          28     


                                                                 
BAIL BOND AGENT OR MANAGING GENERAL AGENT, EITHER WITH AN INSURER  1,298        

OR MANAGING GENERAL AGENT REPRESENTING AN INSURER, SHALL BE        1,299        

MAINTAINED IN AN INDIVIDUAL BUILD-UP TRUST ACCOUNT FOR THE SURETY  1,300        

BAIL BOND AGENT BY THE INSURER OR THE MANAGING GENERAL AGENT.      1,302        

THE INSURER OR MANAGING GENERAL AGENT SHALL ESTABLISH THE ACCOUNT               

IN A FEDERALLY INSURED BANK OR SAVINGS AND LOAN ASSOCIATION IN     1,303        

THIS STATE JOINTLY IN THE NAME OF THE SURETY BAIL BOND AGENT AND   1,304        

THE INSURER OR MANAGING GENERAL AGENT, OR IN TRUST FOR THE SURETY  1,305        

BAIL BOND AGENT BY THE INSURER OR MANAGING GENERAL AGENT.  THE     1,307        

ACCOUNT SHALL BE OPEN TO INSPECTION AND EXAMINATION BY THE                      

DEPARTMENT OF INSURANCE AT ALL TIMES.  THE INSURER OR MANAGING     1,308        

GENERAL AGENT SHALL MAINTAIN AN ACCOUNTING OF ALL OF THOSE FUNDS,  1,309        

WHICH ACCOUNTING DESIGNATES THE AMOUNTS COLLECTED ON EACH BOND     1,310        

WRITTEN.                                                                        

      (B)  BUILD-UP FUNDS SHALL NOT EXCEED FORTY PER CENT OF THE   1,312        

PREMIUM AS ESTABLISHED BY THE SURETY BAIL BOND AGENT'S CONTRACT    1,313        

AGREEMENT WITH THE INSURER OR MANAGING GENERAL AGENT.  BUILD-UP    1,315        

FUNDS RECEIVED SHALL BE IMMEDIATELY DEPOSITED TO THE BUILD-UP      1,316        

TRUST ACCOUNT.  INTEREST EARNED ON BUILD-UP TRUST ACCOUNTS SHALL   1,317        

ACCRUE TO THE SURETY BAIL BOND AGENT.                                           

      (C)  BUILD-UP FUNDS ARE DUE UPON TERMINATION OF THE SURETY   1,319        

BAIL BOND AGENT'S CONTRACT AND DISCHARGE OF LIABILITIES ON THE     1,321        

BONDS FOR WHICH THE BUILD-UP FUNDS WERE POSTED.  THE INSURER OR    1,322        

MANAGING GENERAL AGENT SHALL PAY THE FUNDS TO THE SURETY BAIL      1,323        

BOND AGENT NOT LATER THAN SIX MONTHS AFTER THE FUNDS ARE DUE.      1,324        

      Sec. 3905.92.  (A)  A SURETY BAIL BOND AGENT THAT ACCEPTS    1,326        

COLLATERAL SECURITY OR OTHER INDEMNITY SHALL COMPLY WITH ALL OF    1,327        

THE FOLLOWING REQUIREMENTS:                                        1,328        

      (1)  THE COLLATERAL SECURITY OR OTHER INDEMNITY SHALL BE     1,330        

REASONABLE IN RELATION TO THE AMOUNT OF THE BOND.                  1,331        

      (2)  THE COLLATERAL SECURITY OR OTHER INDEMNITY SHALL NOT    1,333        

BE USED BY THE SURETY BAIL BOND AGENT FOR PERSONAL BENEFIT OR      1,334        

GAIN AND SHALL BE RETURNED IN THE SAME CONDITION AS RECEIVED.      1,335        

      (3)  ACCEPTABLE FORMS OF COLLATERAL SECURITY OR INDEMNITY    1,337        

                                                          29     


                                                                 
INCLUDE CASH OR ITS EQUIVALENT, A PROMISSORY NOTE, AN INDEMNITY    1,338        

AGREEMENT, A REAL PROPERTY MORTGAGE IN THE NAME OF THE SURETY,     1,339        

AND ANY FILING UNDER CHAPTER 1309. OF THE REVISED CODE.  IF THE    1,341        

SURETY BAIL BOND AGENT ACCEPTS ON A BOND COLLATERAL SECURITY IN    1,342        

EXCESS OF FIFTY THOUSAND DOLLARS IN CASH, THE CASH AMOUNT SHALL    1,343        

BE MADE PAYABLE TO THE SURETY IN THE FORM OF A CASHIER'S CHECK,    1,344        

UNITED STATES POSTAL MONEY ORDER, CERTIFICATE OF DEPOSIT, OR WIRE  1,346        

TRANSFER.                                                                       

      (4)  THE SURETY BAIL BOND AGENT SHALL PROVIDE TO THE PERSON  1,348        

GIVING THE COLLATERAL SECURITY OR OTHER INDEMNITY, A WRITTEN,      1,349        

NUMBERED RECEIPT THAT DESCRIBES IN A DETAILED MANNER THE           1,350        

COLLATERAL SECURITY OR OTHER INDEMNITY RECEIVED, ALONG WITH        1,351        

COPIES OF ANY DOCUMENTS RENDERED.                                  1,352        

      (5)  THE COLLATERAL SECURITY OR OTHER INDEMNITY SHALL BE     1,354        

RECEIVED AND HELD IN THE SURETY'S NAME BY THE SURETY BAIL BOND     1,355        

AGENT IN A FIDUCIARY CAPACITY AND, PRIOR TO ANY FORFEITURE OF      1,356        

BAIL, SHALL BE KEPT SEPARATE AND APART FROM ANY OTHER FUNDS OR     1,357        

ASSETS OF THE SURETY BAIL BOND AGENT.  HOWEVER, WHEN COLLATERAL    1,358        

SECURITY IN EXCESS OF FIFTY THOUSAND DOLLARS IN CASH OR ITS        1,359        

EQUIVALENT IS RECEIVED ON A BOND, THE SURETY BAIL BOND AGENT       1,360        

PROMPTLY SHALL FORWARD THE ENTIRE AMOUNT TO THE SURETY OR          1,361        

MANAGING GENERAL AGENT.                                                         

      (B)  COLLATERAL SECURITY MAY BE PLACED IN AN                 1,363        

INTEREST-BEARING ACCOUNT IN A FEDERALLY INSURED BANK OR SAVINGS    1,364        

AND LOAN ASSOCIATION IN THIS STATE, TO ACCRUE TO THE BENEFIT OF    1,365        

THE PERSON GIVING THE COLLATERAL SECURITY.  THE SURETY BAIL BOND   1,366        

AGENT, SURETY, OR MANAGING GENERAL AGENT SHALL NOT MAKE ANY        1,367        

PECUNIARY GAIN ON THE COLLATERAL SECURITY DEPOSITED.               1,368        

      (C)(1)  THE SURETY IS LIABLE FOR ALL COLLATERAL SECURITY OR  1,370        

OTHER INDEMNITY ACCEPTED BY A SURETY BAIL BOND AGENT.  IF, UPON    1,371        

FINAL TERMINATION OF LIABILITY ON A BOND, THE SURETY BAIL BOND     1,372        

AGENT OR MANAGING GENERAL AGENT FAILS TO RETURN THE COLLATERAL     1,373        

SECURITY TO THE PERSON THAT GAVE IT, THE SURETY SHALL RETURN THE   1,374        

ACTUAL COLLATERAL TO THAT PERSON OR, IN THE EVENT THAT THE SURETY  1,375        

                                                          30     


                                                                 
CANNOT LOCATE THE COLLATERAL, SHALL PAY THE PERSON IN ACCORDANCE   1,376        

WITH THIS SECTION.                                                 1,377        

      (2)  A SURETY'S LIABILITY AS DESCRIBED IN DIVISION (C)(1)    1,379        

OF THIS SECTION SURVIVES THE TERMINATION OF THE SURETY BAIL BOND   1,380        

AGENT'S APPOINTMENT, WITH RESPECT TO THOSE BONDS THAT WERE         1,381        

EXECUTED BY THE SURETY BAIL BOND AGENT PRIOR TO THE TERMINATION    1,382        

OF THE APPOINTMENT.                                                             

      (D)  IF A FORFEITURE OCCURS, THE SURETY BAIL BOND AGENT OR   1,384        

SURETY SHALL GIVE THE PRINCIPAL AND THE PERSON THAT GAVE THE       1,385        

COLLATERAL SECURITY TEN DAYS' WRITTEN NOTICE OF INTENT TO CONVERT  1,386        

THE COLLATERAL DEPOSIT INTO CASH TO SATISFY THE FORFEITURE.  THE   1,387        

NOTICE SHALL BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,  1,388        

TO THE LAST KNOWN ADDRESS OF THE PRINCIPAL AND THE PERSON THAT     1,389        

GAVE THE COLLATERAL.                                               1,390        

      THE SURETY BAIL BOND AGENT OR SURETY SHALL CONVERT THE       1,392        

COLLATERAL DEPOSIT INTO CASH WITHIN A REASONABLE PERIOD OF TIME    1,393        

AND RETURN THAT WHICH IS IN EXCESS OF THE FACE VALUE OF THE BOND   1,394        

MINUS THE ACTUAL AND REASONABLE EXPENSES OF CONVERTING THE         1,396        

COLLATERAL INTO CASH.  IN NO EVENT SHALL THESE EXPENSES EXCEED                  

TEN PER CENT OF THE FACE VALUE OF THE BOND.  HOWEVER, UPON MOTION  1,397        

AND PROOF THAT THE ACTUAL AND REASONABLE EXPENSES EXCEED TEN PER   1,398        

CENT, THE COURT MAY ALLOW RECOVERY OF THE FULL AMOUNT OF THE       1,399        

ACTUAL AND REASONABLE EXPENSES.  IF THERE IS A REMISSION OF        1,400        

FORFEITURE THAT REQUIRED THE SURETY TO PAY THE BOND TO THE COURT,  1,401        

THE SURETY SHALL PAY TO THE PERSON THAT GAVE THE COLLATERAL THE    1,403        

VALUE OF ANY COLLATERAL RECEIVED FOR THE BOND MINUS THE ACTUAL     1,404        

AND REASONABLE EXPENSES PERMITTED TO BE RECOVERED UNDER THIS       1,405        

DIVISION.                                                                       

      (E)  A SURETY BAIL BOND AGENT OR SURETY SHALL NOT SOLICIT    1,407        

OR ACCEPT A WAIVER OF ANY OF THE PROVISIONS OF THIS SECTION, OR    1,408        

ENTER INTO ANY AGREEMENT AS TO THE VALUE OF THE COLLATERAL.        1,409        

      (F)  NO PERSON SHALL FAIL TO COMPLY WITH THIS SECTION.       1,411        

      Sec. 3905.921.  (A)  IF COLLATERAL SECURITY OR OTHER         1,413        

INDEMNITY IS ACCEPTED ON A BOND, THE SURETY BAIL BOND AGENT,       1,414        

                                                          31     


                                                                 
MANAGING GENERAL AGENT, OR SURETY SHALL MAKE, UPON DEMAND, A       1,415        

WRITTEN REQUEST TO THE COURT FOR A DISCHARGE OF THE BOND TO BE     1,416        

DELIVERED TO THE SURETY OR THE SURETY'S AGENT.                     1,417        

      IF THE OBLIGATION OF THE SURETY ON THE BOND IS RELEASED IN   1,419        

WRITING BY THE COURT AND A DISCHARGE IS PROVIDED TO THE SURETY OR  1,420        

THE SURETY'S AGENT, THE COLLATERAL SECURITY OR OTHER INDEMNITY,    1,421        

EXCEPT A PROMISSORY NOTE OR AN INDEMNITY AGREEMENT, SHALL BE       1,422        

RETURNED, WITHIN TWENTY-ONE DAYS AFTER THE DISCHARGE IS PROVIDED,  1,423        

TO THE PERSON THAT GAVE THE COLLATERAL SECURITY OR OTHER           1,424        

INDEMNITY, UNLESS ANOTHER DISPOSITION IS PROVIDED FOR BY LEGAL     1,425        

ASSIGNMENT OF THE RIGHT TO RECEIVE THE COLLATERAL TO ANOTHER       1,426        

PERSON.  IF, DESPITE DILIGENT INQUIRY BY THE SURETY OR THE         1,427        

SURETY'S AGENT TO DETERMINE THAT THE BOND HAS BEEN DISCHARGED,     1,428        

THE COURT FAILS TO PROVIDE A WRITTEN DISCHARGE WITHIN SEVEN DAYS   1,429        

AFTER THE WRITTEN REQUEST WAS MADE TO THE COURT, THE BOND SHALL    1,430        

BE CONSIDERED CANCELED BY OPERATION OF LAW, AND THE COLLATERAL     1,431        

SECURITY OR OTHER INDEMNITY, EXCEPT A PROMISSORY NOTE OR AN        1,432        

INDEMNITY AGREEMENT, SHALL BE RETURNED, WITHIN TWENTY-ONE DAYS     1,433        

AFTER THE WRITTEN REQUEST FOR DISCHARGE WAS MADE TO THE COURT, TO  1,434        

THE PERSON THAT GAVE THE COLLATERAL SECURITY OR OTHER INDEMNITY.   1,435        

      (B)  NO FEE OR OTHER CHARGE, OTHER THAN THOSE AUTHORIZED BY  1,437        

SECTIONS 3905.83 TO 3905.95 OF THE REVISED CODE OR BY RULE OF THE  1,438        

SUPERINTENDENT OF INSURANCE, SHALL BE DEDUCTED FROM THE            1,440        

COLLATERAL DUE.  HOWEVER, ALLOWABLE EXPENSES INCURRED IN THE                    

APPREHENSION OF A DEFENDANT BECAUSE OF A FORFEITURE OF BOND OR     1,441        

JUDGMENT MAY BE DEDUCTED IF THOSE EXPENSES ARE ACCOUNTED FOR.      1,443        

      (C)(1)  NO PERSON SHALL FAIL TO RETURN COLLATERAL SECURITY   1,445        

IN ACCORDANCE WITH THIS SECTION.                                   1,446        

      (2)  A VIOLATION OF DIVISION (C)(1) OF THIS SECTION SHALL    1,448        

BE PUNISHABLE AS FOLLOWS:                                          1,449        

      (a)  IF THE COLLATERAL IS OF A VALUE OF LESS THAN FIVE       1,452        

HUNDRED DOLLARS, A VIOLATION IS A MISDEMEANOR OF THE FIRST                      

DEGREE;                                                                         

      (b)  IF THE COLLATERAL IS OF A VALUE OF AT LEAST FIVE        1,454        

                                                          32     


                                                                 
HUNDRED DOLLARS BUT LESS THAN FIVE THOUSAND DOLLARS, A VIOLATION   1,456        

IS A FELONY OF THE FIFTH DEGREE;                                                

      (c)  IF THE COLLATERAL IS OF A VALUE OF AT LEAST FIVE        1,458        

THOUSAND DOLLARS BUT LESS THAN TEN THOUSAND DOLLARS, A VIOLATION   1,459        

IS A FELONY OF THE FOURTH DEGREE;                                  1,460        

      (d)  IF THE COLLATERAL IS OF A VALUE OF TEN THOUSAND         1,462        

DOLLARS OR MORE, A VIOLATION IS A FELONY OF THE THIRD DEGREE.      1,464        

      Sec. 3905.93.  A SURETY BAIL BOND AGENT SHALL NOT EXECUTE A  1,466        

BAIL BOND WITHOUT DOING BOTH OF THE FOLLOWING:                     1,468        

      (A)  CHARGING THE PREMIUM RATE FILED WITH AND APPROVED BY    1,470        

THE SUPERINTENDENT OF INSURANCE;                                   1,471        

      (B)  DISCLOSING THE EXPENSE FEE THAT WILL BE CHARGED TO      1,474        

COVER THE COSTS INCURRED BY THE AGENT IN EXECUTING THE BOND.       1,475        

      Sec. 3905.931.  (A)  NO INSURER, MANAGING GENERAL AGENT, OR  1,477        

SURETY BAIL BOND AGENT SHALL FURNISH TO ANY PERSON ANY BLANK       1,478        

FORM, APPLICATION, STATIONERY, BUSINESS CARD, OR OTHER SUPPLIES    1,480        

TO BE USED IN SOLICITING, NEGOTIATING, OR EFFECTING BAIL BONDS     1,481        

UNLESS THE PERSON IS LICENSED TO ACT AS A SURETY BAIL BOND AGENT   1,483        

AND IS APPOINTED BY AN INSURER.  THIS DIVISION DOES NOT PROHIBIT                

AN UNLICENSED EMPLOYEE, UNDER THE DIRECT SUPERVISION AND CONTROL   1,484        

OF A LICENSED AND APPOINTED SURETY BAIL BOND AGENT, FROM           1,485        

POSSESSING OR EXECUTING IN THE SURETY BOND OFFICE, ANY FORM,       1,487        

OTHER THAN A POWER OF ATTORNEY, BOND FORM, OR COLLATERAL RECEIPT,  1,488        

WHILE ACTING WITHIN THE SCOPE OF THE EMPLOYEE'S EMPLOYMENT.        1,489        

      (B)  AN INSURER THAT FURNISHES ANY OF THE SUPPLIES           1,492        

MENTIONED IN DIVISION (A) OF THIS SECTION TO ANY SURETY BAIL BOND  1,493        

AGENT OR OTHER PERSON NOT APPOINTED BY AN INSURER AND THAT         1,495        

ACCEPTS ANY BAIL BOND BUSINESS FROM OR WRITES ANY BAIL BOND                     

BUSINESS FOR THAT SURETY BAIL BOND AGENT OR OTHER PERSON IS        1,497        

LIABLE ON THE BOND TO THE SAME EXTENT AND IN THE SAME MANNER AS    1,499        

IF THE SURETY BAIL BOND AGENT OR OTHER PERSON HAD BEEN APPOINTED                

OR AUTHORIZED BY AN INSURER TO ACT IN ITS BEHALF.                  1,502        

      Sec. 3905.932.  A SURETY BAIL BOND AGENT OR INSURER SHALL    1,504        

NOT DO ANY OF THE FOLLOWING:                                       1,505        

                                                          33     


                                                                 
      (A)  SUGGEST OR ADVISE THE EMPLOYMENT OF, OR NAME FOR        1,507        

EMPLOYMENT, ANY PARTICULAR ATTORNEY TO REPRESENT ITS PRINCIPAL;    1,508        

      (B)  DIRECTLY OR INDIRECTLY SOLICIT BUSINESS IN, OR ON THE   1,510        

PROPERTY OR GROUNDS OF, A DETENTION FACILITY, AS DEFINED IN        1,512        

SECTION 2921.01 OF THE REVISED CODE, OR IN, OR ON THE PROPERTY OR  1,513        

GROUNDS OF, ANY COURT.  FOR PURPOSES OF THIS DIVISION, "SOLICIT"   1,514        

INCLUDES THE DISTRIBUTION OF BUSINESS CARDS, PRINT ADVERTISING,    1,515        

OR ANY OTHER WRITTEN INFORMATION DIRECTED TO PRISONERS OR          1,516        

POTENTIAL INDEMNITORS, UNLESS A REQUEST IS INITIATED BY THE                     

PRISONER OR POTENTIAL INDEMNITOR.  PERMISSIBLE PRINT ADVERTISING   1,517        

IN A DETENTION FACILITY IS STRICTLY LIMITED TO A LISTING IN A      1,518        

TELEPHONE DIRECTORY AND THE POSTING OF THE SURETY BAIL BOND        1,519        

AGENT'S NAME, ADDRESS, AND TELEPHONE NUMBER IN A DESIGNATED        1,520        

LOCATION WITHIN THE DETENTION FACILITY.                                         

      (C)  WEAR OR OTHERWISE DISPLAY ANY IDENTIFICATION, OTHER     1,522        

THAN WALLET IDENTIFICATION CARD REQUIRED UNDER DIVISION (G) OF     1,523        

SECTION 3905.85 OF THE REVISED CODE, IN OR ON THE PROPERTY OR      1,525        

GROUNDS OF A DETENTION FACILITY, AS DEFINED IN SECTION 2921.01 OF  1,526        

THE REVISED CODE, OR IN OR ON THE PROPERTY OR GROUNDS OF ANY       1,527        

COURT;                                                                          

      (D)  PAY A FEE OR REBATE OR GIVE OR PROMISE ANYTHING OF      1,529        

VALUE TO A JAILER, LAW ENFORCEMENT OFFICER, COMMITTING             1,530        

MAGISTRATE, OR OTHER PERSON WHO HAS POWER TO ARREST OR TO HOLD IN  1,531        

CUSTODY, OR TO ANY PUBLIC OFFICIAL OR PUBLIC EMPLOYEE, IN ORDER    1,532        

TO SECURE A SETTLEMENT, COMPROMISE, REMISSION, OR REDUCTION OF     1,533        

THE AMOUNT OF ANY BAIL BOND OR ESTREATMENT OF BAIL;                             

      (E)  PAY A FEE OR REBATE OR GIVE OR PROMISE ANYTHING OF      1,535        

VALUE TO AN ATTORNEY IN A BAIL BOND MATTER, EXCEPT IN DEFENSE OF   1,536        

ANY ACTION ON A BOND;                                                           

      (F)  PAY A FEE OR REBATE OR GIVE OR PROMISE ANYTHING OF      1,538        

VALUE TO THE PRINCIPAL OR TO ANYONE IN THE PRINCIPAL'S BEHALF;     1,539        

      (G)  PARTICIPATE IN THE CAPACITY OF AN ATTORNEY AT A TRIAL   1,541        

OR HEARING OF A PRINCIPAL;                                         1,542        

      (H)  ACCEPT ANYTHING OF VALUE FROM A PRINCIPAL FOR           1,544        

                                                          34     


                                                                 
PROVIDING A BAIL BOND, OTHER THAN THE PREMIUM FILED WITH AND       1,545        

APPROVED BY THE SUPERINTENDENT OF INSURANCE AND AN EXPENSE FEE,    1,546        

EXCEPT THAT THE SURETY BAIL BOND AGENT MAY, IN ACCORDANCE WITH     1,547        

SECTION 3905.92 OF THE REVISED CODE, ACCEPT COLLATERAL SECURITY    1,548        

OR OTHER INDEMNITY FROM A PRINCIPAL OR OTHER PERSON TOGETHER WITH  1,549        

DOCUMENTARY STAMP TAXES IF APPLICABLE.  NO FEES, EXPENSES, OR      1,550        

CHARGES OF ANY KIND SHALL BE DEDUCTED FROM THE COLLATERAL HELD OR  1,551        

ANY RETURN PREMIUM DUE, EXCEPT AS AUTHORIZED BY SECTIONS 3905.83   1,552        

TO 3905.95 OF THE REVISED CODE OR BY RULE OF THE SUPERINTENDENT.                

A SURETY BAIL BOND AGENT, UPON WRITTEN AGREEMENT WITH ANOTHER      1,554        

PARTY, MAY RECEIVE A FEE OR OTHER COMPENSATION FOR RETURNING TO    1,556        

CUSTODY AN INDIVIDUAL WHO HAS FLED THE JURISDICTION OF THE COURT   1,557        

OR CAUSED THE FORFEITURE OF A BOND.                                             

      (I)  EXECUTE A BOND IN THIS STATE ON THE PERSON'S OWN        1,559        

BEHALF;                                                                         

      (J)  EXECUTE A BOND IN THIS STATE IF A JUDGMENT HAS BEEN     1,561        

ENTERED ON A BOND EXECUTED BY THE SURETY BAIL BOND AGENT, WHICH    1,562        

JUDGMENT HAS REMAINED UNPAID FOR AT LEAST SIXTY DAYS AFTER ALL     1,563        

APPEALS HAVE BEEN EXHAUSTED, UNLESS THE FULL AMOUNT OF THE         1,564        

JUDGMENT IS DEPOSITED WITH THE CLERK OF THE COURT.                 1,565        

      Sec. 3905.933.  (A)  A SURETY BAIL BOND AGENT SHALL NOT      1,567        

SIGN OR COUNTERSIGN IN BLANK ANY BOND, OR GIVE A POWER OF          1,569        

ATTORNEY TO, OR OTHERWISE AUTHORIZE, ANYONE TO COUNTERSIGN THE     1,570        

SURETY BAIL BOND AGENT'S NAME TO A BOND UNLESS THE PERSON SO       1,572        

AUTHORIZED IS A LICENSED AND APPOINTED SURETY BAIL BOND AGENT                   

DIRECTLY EMPLOYED BY THE SURETY BAIL BOND AGENT GIVING THAT        1,574        

AUTHORITY.                                                                      

      (B)  A SURETY BAIL BOND AGENT SHALL NOT DIVIDE WITH ANY      1,576        

OTHER PERSON, OR SHARE IN, ANY COMMISSIONS PAYABLE ON ACCOUNT OF   1,578        

A BAIL BOND, EXCEPT AS BETWEEN OTHER SURETY BAIL BOND AGENTS THAT  1,579        

ARE LICENSED OR OTHERWISE QUALIFIED TO ENGAGE IN THE BAIL BOND     1,580        

BUSINESS IN THEIR STATE OF DOMICILE.                                            

      Sec. 3905.934.  (A)  A SURETY BAIL BOND AGENT SHALL NOT      1,582        

MAKE, PUBLISH, OR OTHERWISE DISSEMINATE, DIRECTLY OR INDIRECTLY,   1,583        

                                                          35     


                                                                 
ANY MISLEADING OR FALSE ADVERTISEMENT, OR ENGAGE IN ANY OTHER      1,584        

DECEPTIVE TRADE PRACTICE.                                          1,585        

      (B)  ALL ADVERTISING BY A SURETY BAIL BOND AGENT SHALL       1,587        

INCLUDE THE ADDRESS OF RECORD OF THE AGENT ON FILE WITH THE        1,589        

DEPARTMENT OF INSURANCE.                                           1,590        

      Sec. 3905.94.  IF THE SUPERINTENDENT OF INSURANCE, IN        1,592        

ACCORDANCE WITH SECTION 3905.49 OF THE REVISED CODE, SUSPENDS OR   1,593        

REVOKES A PERSON'S LICENSE AS A SURETY BAIL BOND AGENT, THE        1,595        

PERSON, DURING THE PERIOD OF SUSPENSION OR REVOCATION, SHALL NOT   1,596        

BE EMPLOYED BY ANY SURETY BAIL BOND AGENT, HAVE ANY OWNERSHIP      1,597        

INTEREST IN ANY BUSINESS INVOLVING BAIL BONDS, OR HAVE ANY         1,598        

FINANCIAL INTEREST OF ANY TYPE IN ANY BAIL BOND BUSINESS.          1,599        

      Sec. 3905.941.  UPON THE SURRENDER, SUSPENSION, OR           1,601        

REVOCATION OF A SURETY BAIL BOND AGENT'S LICENSE, THE APPOINTING   1,602        

INSURER OR MANAGING GENERAL AGENT IMMEDIATELY SHALL DESIGNATE A    1,604        

LICENSED AND APPOINTED SURETY BAIL BOND AGENT TO ADMINISTER ALL    1,605        

BAIL BONDS PREVIOUSLY WRITTEN BY THE LICENSEE.                                  

      Sec. 3905.95.  THE SUPERINTENDENT OF INSURANCE SHALL ADOPT,  1,608        

IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ANY RULES     1,611        

NECESSARY TO IMPLEMENT SECTIONS 3905.83 TO 3905.95 OF THE REVISED  1,612        

CODE.                                                                           

      Sec. 3905.99.  (A)  Whoever violates sections 3905.181,      1,621        

3905.21, or 3905.23 of the Revised Code shall be fined not less    1,622        

than twenty-five nor more than five hundred dollars or imprisoned  1,623        

not more than six months, or both.                                              

      (B)  Whoever violates section 3905.31 or 3905.33 of the      1,625        

Revised Code shall be fined not less than twenty-five nor more     1,626        

than five hundred dollars or imprisoned not more than one year,    1,627        

or both.                                                                        

      (C)  Whoever violates section 3905.37 or 3905.43 of the      1,629        

Revised Code shall be fined not less than one hundred nor more     1,630        

than five hundred dollars.                                                      

      (D)  Whoever violates section 3905.01, DIVISION (F) OF       1,632        

SECTION 3905.92, OR DIVISION (A) OF SECTION 3905.931 of the        1,634        

                                                          36     


                                                                 
Revised Code is guilty of a misdemeanor of the first degree.       1,636        

      (E)  WHOEVER VIOLATES SECTION 3905.84 OF THE REVISED CODE    1,639        

IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE ON A FIRST OR       1,640        

SECOND OFFENSE AND OF A FELONY OF THE THIRD DEGREE ON EACH                      

SUBSEQUENT OFFENSE.                                                1,641        

      Section 2.  That existing sections 3905.01, 3905.011,        1,643        

3905.012, 3905.48, 3905.49, 3905.55, 3905.86, and 3905.99 of the   1,644        

Revised Code are hereby repealed.                                  1,645        

      Section 3.  Sections 1 and 2 of this act shall take effect   1,647        

six months after the effective date of this act.                   1,648        

      Section 4.  Any person who, on the effective date of this    1,650        

act, is licensed as a property/casualty insurance agent in this    1,651        

state and is actively engaged in the business of posting bail      1,652        

bonds, is not subject to section 3905.841 of the Revised Code, as  1,653        

enacted by this act, and shall not be required to take an          1,654        

examination for licensure as a surety bail bond agent, if the      1,655        

person applies for the license during the six-month period         1,656        

immediately following the effective date of this act.              1,657        

      Section 5.  It is the intent of the General Assembly that    1,659        

the Superintendent of Insurance take any action necessary to       1,660        

provide for an orderly transition for those persons who, on the    1,661        

effective date of this act, perform the functions, duties, or      1,663        

powers prescribed for surety bail bond agents under this act.      1,664        

Consequently, the Department of Insurance shall accept license     1,665        

applications submitted by such persons beginning on the effective  1,666        

date of this act and shall make every effort possible to act upon  1,667        

such applications within the six-month period immediately          1,668        

following that date.