As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                            Am. 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-MYERS       12           

      SALERNO-SCHULER-LOGAN-SULZER-MOTTLEY-J. BEATTY-ALLEN-        13           

       HOOPS-HARTNETT-PERRY-BOYD-KRUPINSKI-BARNES-DePIERO          14           


_________________________________________________________________   15           

                          A   B I L L                                           

             To amend sections 3905.01, 3905.011, 3905.012,        17           

                3905.48, 3905.49, 3905.55, 3905.86, and 3905.99;   18           

                to amend, for the purpose of adopting a new                     

                section number as indicated in parentheses,        19           

                section 3905.86 (3905.81); and to enact new        20           

                section 3905.86 and sections 2927.27, 3905.83,     21           

                3905.84, 3905.841, 3905.85, 3905.851, 3905.861,    22           

                3905.862, 3905.87 to 3905.92, 3905.921, 3905.93,   23           

                3905.931, 3905.932, 3905.933, 3905.934, 3905.94,   24           

                3905.941, and 3905.95 of the Revised Code          25           

                relative to the regulation of surety bail bond                  

                agents and the apprehension or arrest of a         26           

                principal on bond.                                              




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 3905.01, 3905.011, 3905.012,       31           

3905.48, 3905.49, 3905.55, 3905.86, and 3905.99 be amended,        32           

section 3905.86 (3905.81) be amended for the purpose of adopting   33           

a new section number as indicated in parentheses, and new section  34           

3905.86 and sections 2927.27, 3905.83, 3905.84, 3905.841,          35           

3905.85, 3905.851, 3905.861, 3905.862, 3905.87, 3905.88, 3905.89,  36           

                                                          2      


                                                                 
3905.90, 3905.91, 3905.92, 3905.921, 3905.93, 3905.931, 3905.932,  37           

3905.933, 3905.934, 3905.94, 3905.941, and 3905.95 of the Revised  38           

Code be enacted to read as follows:                                             

      Sec. 2927.27. (A) NO PERSON, OTHER THAN A LAW ENFORCEMENT    40           

OFFICER, SHALL APPREHEND, DETAIN, OR ARREST A PRINCIPAL ON BOND,   41           

WHEREVER ISSUED, UNLESS THAT PERSON MEETS ALL OF THE FOLLOWING     42           

CRITERIA:                                                          43           

      (1)  THE PERSON IS ANY OF THE FOLLOWING:                     45           

      (a)  QUALIFIED, LICENSED, AND APPOINTED AS A SURETY BAIL     46           

BOND AGENT UNDER SECTIONS 3905.83 TO 3905.95 OF THE REVISED CODE;  48           

      (b)  LICENSED AS A SURETY BAIL BOND AGENT BY THE STATE       50           

WHERE THE BOND WAS WRITTEN;                                        51           

      (c) LICENSED AS A PRIVATE INVESTIGATOR UNDER CHAPTER 4749.   54           

OF THE REVISED CODE;                                               55           

      (d) LICENSED AS A PRIVATE INVESTIGATOR BY THE STATE WHERE    57           

THE BOND WAS WRITTEN;                                              58           

      (e) AN OFF-DUTY PEACE OFFICER, AS DEFINED IN SECTION         60           

2921.51 OF THE REVISED CODE.                                       61           

      (2)  THE PERSON, PRIOR TO APPREHENDING, DETAINING, OR        63           

ARRESTING THE PRINCIPAL, HAS ENTERED INTO A WRITTEN CONTRACT WITH  64           

THE SURETY OR WITH A LICENSED SURETY BAIL BOND AGENT APPOINTED BY  65           

THE SURETY, WHICH CONTRACT SETS FORTH THE NAME OF THE PRINCIPAL    66           

WHO IS TO BE APPREHENDED, DETAINED, OR ARRESTED.                   67           

      FOR PURPOSES OF DIVISION(A) (2) OF THIS SECTION, "SURETY"    69           

HAS THE SAME MEANING AS IN SECTION 3905.83 OF THE REVISED CODE.    71           

      (3)  THE PERSON, PRIOR TO APPREHENDING, DETAINING, OR        73           

ARRESTING THE PRINCIPAL, HAS NOTIFIED THE LOCAL LAW ENFORCEMENT    74           

AGENCY HAVING JURISDICTION OVER THE AREA IN WHICH SUCH ACTIVITIES  75           

WILL BE PERFORMED AND HAS PROVIDED ANY FORM OF IDENTIFICATION OR   76           

OTHER INFORMATION REQUESTED BY THE LAW ENFORCEMENT AGENCY.         77           

      (B)  NO PERSON SHALL REPRESENT THE PERSON'S SELF TO BE A     79           

BAIL ENFORCEMENT AGENT OR BOUNTY HUNTER, OR CLAIM ANY SIMILAR      80           

TITLE, IN THIS STATE.                                              81           

       (C) (1)  WHOEVER VIOLATES THIS SECTION IS GUILTY OF         83           

                                                          3      


                                                                 
ILLEGAL BAIL BOND AGENT PRACTICES.                                 84           

       (2)  A VIOLATION OF DIVISION (A) OF THIS SECTION IS A       85           

MISDEMEANOR OF THE FIRST DEGREE OR, IF THE OFFENDER PREVIOUSLY     86           

HAS BEEN CONVICTED OF OR PLEADED GUILTY TO TWO OR MORE VIOLATIONS  87           

OF DIVISION (A) OF THIS SECTION, A FELONY OF THE THIRD DEGREE.     88           

        (3)  A VIOLATION OF DIVISION (B) OF THIS SECTION IS A      89           

MISDEMEANOR OF THE FIRST DEGREE OR, IF THE OFFENDER PREVIOUSLY     91           

HAS BEEN CONVICTED OF OR PLEADED GUILTY TO TWO OR MORE VIOLATIONS  92           

OF DIVISION (B) OF THIS SECTION, A FELONY OF THE THIRD DEGREE.     93           

      Sec. 3905.01.  (A)  No person shall procure an application   103          

or quote premiums for, discuss coverages of, or solicit,           104          

negotiate, effect, procure, place, write, deliver, renew, or       105          

bind, a policy of insurance, INCLUDING ANY FIDELITY, SURETY, OR    106          

GUARANTY BOND, through any medium for risks residing, located, or  107          

to be performed in this state, unless the person is licensed by    108          

the superintendent of insurance in accordance with this chapter.   110          

      (B)  Division (A) of this section does not apply to any of   114          

the following persons:                                                          

      (1)  An insurer as defined in section 3901.32 of the         116          

Revised Code;                                                                   

      (2)  Any person who furnishes information regarding group    118          

insurance, enrolls individuals in group insurance plans, issues    119          

certificates under such plans, or otherwise assists in             120          

administering such plans, if no commission or other form of        121          

compensation related to premium or sales volume is paid for such   122          

services;                                                          123          

      (3)  Any employee of a creditor with respect to insurance    125          

products made available only in connection with a credit           127          

transaction, including credit life insurance, credit disability    128          

or accident and health insurance, credit property insurance,                    

mortgage life insurance, mortgage accident and health insurance,   129          

involuntary unemployment insurance, individual life insurance,     130          

and individual disability or accident and health insurance, if     131          

the entire premium is financed as part of the credit transaction   132          

                                                          4      


                                                                 
and the following conditions are met:                                           

      (a)  If the insurance product is an individual life          134          

insurance policy, a licensed agent is responsible for the          135          

insurance transaction.                                                          

      (b)  If the employee of the creditor is paid by the          137          

insurance agent or by the insurance company, the employee holds a  138          

limited authority license.                                         139          

      For purposes of division (B)(3) of this section, "credit     141          

property insurance" means insurance covering risks of loss,        142          

damage, and destruction of property used as security for a credit  143          

transaction, which insurance may also cover other property that    145          

is merely incidental to the property used as security for the      147          

credit transaction.                                                             

      (4)  Any employer, or officer or employee of an employer,    150          

to the extent that the employer, officer, or employee is engaged   151          

in the administration or operation of any employee benefits        152          

program involving the use of insurance for the employer's          153          

employees or the employees of a subsidiary or affiliate of the     154          

employer, provided that the employer, officer, or employee is not  156          

compensated, either directly or indirectly, in any manner by an    157          

insurance agent or by the insurance company issuing the                         

insurance;                                                         158          

      (5)  An adjuster employed by or representing an insurer in   161          

the adjustment of claims or a public insurance adjuster holding a  162          

certificate of authority issued under Chapter 3951. of the         163          

Revised Code when performing the duties of a public insurance      166          

adjuster.                                                                       

      (C)  Division (A) of this section does not apply to any of   170          

the following activities when performed by an employee of, and at  171          

the direction of, an insurer or licensed insurance agent:          172          

      (1)  The acceptance of premiums other than the initial       174          

premium;                                                           175          

      (2)  The gathering of information, such as names,            177          

addresses, expiration dates of current insurance, and names of     178          

                                                          5      


                                                                 
current insurers;                                                  179          

      (3)  The setting of appointments for insurance agents,       181          

provided that the person setting the appointment does not          182          

communicate any information about insurance;                       183          

      (4)  The servicing of existing insurance policies issued by  186          

or through the employee's employer, provided the servicing is not  187          

part of a solicitation;                                                         

      (5)  The performance of clerical or ministerial duties.      190          

      (D)  The superintendent may adopt rules in accordance with   193          

Chapter 119. of the Revised Code to set forth the specific acts    196          

that comprise any of the activities described in this section,     197          

the performance of which either requires or does not require       199          

licensure as an agent.                                                          

      Sec. 3905.011.  (A)  As used in this section and sections    209          

3905.012 and 3905.013 of the Revised Code, "insurer" has the same  210          

meaning as in section 3901.32 of the Revised Code.                 212          

      (B)  Any person that is licensed as an agent under section   215          

3905.02 or 3905.18 of the Revised Code is eligible to be           216          

appointed by one or more insurers authorized to do business in     217          

this state.                                                        218          

      (C)(1)  Prior to BY appointing an agent, an insurer shall    221          

certify CERTIFIES to the superintendent of insurance, in           222          

accordance with rules adopted by the superintendent under section  223          

3905.013 of the Revised Code, that the person is competent,        224          

financially responsible, and suitable to represent the insurer.    225          

      (2)  No agent shall represent to the public that the agent   227          

has authority to represent a particular insurer until the insurer  229          

has acknowledged that authority by appointment of the agent in     230          

accordance with division (C)(1) of this section.                   231          

      (D)(1)  No insurer shall pay a commission, fee, or other     234          

type of consideration, or give any other thing of value, to a      235          

person that is required to be licensed by the superintendent       236          

under this chapter for the sale of, or for any direct or indirect  237          

connection with the sale of, any insurance sold by or on behalf    238          

                                                          6      


                                                                 
of the insurer, but is not so licensed.                                         

      (2)  Nothing in this section prohibits an insurer from       240          

entering into a compensation agreement with a creditor with        241          

respect to insurance products made available only in connection    243          

with a credit transaction, including credit life insurance,                     

credit disability or accident and health insurance, credit         244          

property insurance, mortgage life insurance, mortgage accident     245          

and health insurance, involuntary unemployment insurance,          246          

individual life insurance, and individual disability or accident   247          

and health insurance, if the entire premium is financed as part    248          

of the credit transaction.  For purposes of division (D)(2) of     249          

this section, "credit property insurance" has the same meaning as  250          

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

      Sec. 3905.012.  (A)(1)  Except as provided in division       259          

(A)(2) of this section, any person licensed as an agent under      261          

section 3905.02 or, 3905.18, OR 3905.85 of the Revised Code, or    263          

appointed as a solicitor under section 3905.03 of the Revised      265          

Code, may at any time surrender any or all licenses held by the    266          

person.                                                                         

      (2)  No agent shall surrender the agent's licenses if the    269          

superintendent of insurance is investigating any allegation of     270          

wrongdoing by the agent or has initiated proceedings under                      

Chapter 119. of the Revised Code and notice of an opportunity for  271          

a hearing has been issued to the agent, and any attempt to so      273          

surrender is invalid.                                                           

      (B)(1)  If an insurer or agent cancels the appointment of    276          

an agent or solicitor due to suspected fraud, misrepresentation,   277          

theft, conversion, or any other culpable misappropriation, the     278          

insurer or agent shall promptly notify the superintendent.  The    279          

notice shall include a complete statement of the facts and the     280          

reasons for the cancellation.                                      281          

      (2)  In the absence of fraud or actual malice, an insurer    283          

or agent is immune from any civil liability that otherwise might   284          

be incurred or imposed as a result of any action taken by the      285          

                                                          7      


                                                                 
insurer or agent to comply with division (B)(1) of this section.   287          

      (C)  If an agent's license is surrendered, revoked, or       289          

suspended, all appointments held by the agent are void.  If a new  291          

license is issued to that person or if that person's previous      292          

license is reinstated, any appointment of the person to represent  293          

an insurer or agent must be made in accordance with the            294          

requirements of this chapter.                                                   

      (D)(1)  Any agent, other than a corporation, partnership,    296          

or limited liability company, who is no longer engaged in the      297          

business of insurance in any capacity for which an agent's         298          

license is required may apply to the superintendent for inactive   299          

status.  The superintendent may grant such status only if the      300          

superintendent is satisfied that the person is not engaged in and  302          

does not intend to engage in any of the activities set forth in    303          

section 3905.01 of the Revised Code that requires an agent's       305          

license.                                                           306          

      (2)  A person who has been granted inactive status is        308          

exempt from any continuing education requirements imposed under    309          

this chapter.                                                      310          

      (3)  The superintendent may adopt rules in accordance with   313          

Chapter 119. of the Revised Code to establish procedures for       316          

applying for inactive status, criteria used to determine                        

eligibility for such status, and standards and procedures for      317          

transferring from inactive to active status.                       318          

      (E)  The superintendent may suspend or revoke a license, or  321          

take any other disciplinary action authorized by this chapter,     322          

regardless of whether the person is appointed or otherwise         323          

authorized to represent an insurer or agent.                       324          

      Sec. 3905.48.  (A)  No person, unless the person has         334          

complied with division (B) of this section, shall be permitted to  336          

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

sale of any of the following types of insurance:                   338          

      (1)  Life insurance, annuity contracts, variable annuity     340          

contracts, and variable life insurance;                            341          

                                                          8      


                                                                 
      (2)  Sickness and accident insurance;                        343          

      (3)  All lines of property and casualty insurance;           345          

      (4)  SURETY BAIL BONDS;                                      347          

      (5)  All other lines of insurance for which an examination   349          

is required for licensing, except title insurance.                 350          

      (B)  No person shall be permitted to take an examination     352          

described in division (A) of this section unless either of the     353          

following applies:                                                 354          

      (1)  The person has earned a bachelor's or associate's       356          

degree in insurance in an accredited institution;                  357          

      (2)  The person has been granted a diploma for successfully  359          

completing a high school curriculum under section 3313.61 of the   360          

Revised Code or a certificate of high school equivalence under     361          

rule 3301-41-1 of the Administrative Code, or been granted a       362          

comparable diploma or certificate by another state, and has        363          

successfully completed at least forty hours of study in a program  364          

of insurance education approved by the superintendent of           365          

insurance in consultation with the insurance agent education       366          

advisory council under criteria established by the                 367          

superintendent.                                                    368          

      Sec. 3905.49.  (A)  As used in this section:                 377          

      (1)  "Insurer" has the same meaning as in section 3901.32    380          

of the Revised Code.                                                            

      (2)  "Refusal to issue or renew" means the decision of the   383          

superintendent of insurance not to process either the initial      384          

application for a license as an agent or the renewal of such a     385          

license.                                                                        

      (3)  "Revocation" means the permanent termination of all     388          

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

      (4)  "Surrender for cause" means the voluntary termination   391          

of all authority to hold any license as an agent in this state,    392          

in lieu of a revocation or suspension order.                       393          

      (5)  "Suspension" means the termination of all authority to  396          

hold any license as an agent in this state, for either a           397          

                                                          9      


                                                                 
specified period of time or an indefinite period of time and       398          

under any terms or conditions determined by the superintendent.    399          

      (B)  The superintendent may suspend, revoke, or refuse to    403          

issue or renew any license as an agent, SURETY BAIL BOND AGENT,    404          

surplus line broker, or limited insurance representative, or       405          

impose any other sanction authorized under this chapter, for one   407          

or more of the following reasons:                                  408          

      (1)  Obtaining or attempting to obtain any license or        410          

appointment through misrepresentation or fraud, including making   411          

any materially untrue statement in an application for a license    414          

or appointment;                                                                 

      (2)  Violating or failing to comply with any insurance law,  418          

rule, subpoena, consent agreement, or order of the                 419          

superintendent;                                                                 

      (3)  Misappropriating or converting to the person's own use  422          

any moneys belonging to policyholders, prospective policyholders,  423          

beneficiaries, insurance companies, SURETIES, PRINCIPALS, or       424          

others received in the course of the person's insurance business;  426          

      (4)  Failing to timely submit an application for insurance.  429          

For purposes of division (B)(4) of this section, a submission is   431          

considered timely if it occurs within the time period expressly    432          

provided for by the insurer, or within seven days after the agent  433          

accepts a premium or an order to bind from a policyholder or       434          

applicant, whichever is later.                                                  

      (5)  Knowingly misrepresenting the terms, benefits, value,   437          

cost, or effective dates of any actual or proposed insurance       438          

policy or, contract, OR BOND;                                      440          

      (6)  Being convicted of a felony;                            442          

      (7)  Being convicted of a misdemeanor that involves the      445          

misuse or theft of money or property belonging to another, fraud,  446          

forgery, dishonest acts, or breach of a fiduciary duty, or that    448          

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

insurance, securities, or financial services;                      449          

      (8)  Committing an unfair trade act or practice under any    453          

                                                          10     


                                                                 
section of Title XXXIX of the Revised Code or any rule adopted     454          

thereunder;                                                                     

      (9)  Having an insurance license suspended or revoked in     457          

any other state, province, or territory;                           458          

      (10)  Forging or causing the forgery of another's name to    462          

any document related to or used in an insurance transaction;       463          

      (11)  Possessing or using any unauthorized materials during  465          

a licensing or continuing education examination or cheating on a   467          

licensing or continuing education examination;                                  

      (12)  Failing to disclose to an applicant for insurance or   470          

policyholder upon accepting a premium or an order to bind          471          

coverage from the applicant or policyholder, that the person has   472          

not been appointed as agent by the insurer and is not an           473          

appointed solicitor of an appointed agent;                                      

      (13)  Having any professional license suspended or revoked   476          

as a result of a mishandling of funds or breach of fiduciary       477          

responsibilities;                                                  478          

      (14)  Causing or permitting a policyholder or applicant for  481          

insurance to designate the person or the person's spouse, parent,  482          

child, or sibling as the beneficiary of a policy or annuity sold   483          

by the person, unless the person or a relative of the person is    484          

the insured or applicant;                                                       

      (15)  Failing to provide a written response to the           486          

department of insurance within thirty days after receipt of any    488          

written inquiry from the department;                                            

      (16)  Failing to notify the superintendent of any change in  491          

the person's address, within thirty days after the change occurs,  493          

as required by section 3905.54 of the Revised Code;                             

      (17)  Transferring or placing insurance with an insurer      495          

other than the insurer expressly chosen by the applicant for       496          

insurance or policyholder without the consent of the applicant or  497          

policyholder or absent extenuating circumstances;                  498          

      (18)  Engaging in any fraudulent, DISHONEST, or coercive     500          

practice in connection with the business of insurance;             501          

                                                          11     


                                                                 
      (19)  Failing to inform a policyholder or applicant for      503          

insurance of the identity of the insurer or insurers, or the       504          

identity of any other insurance agent, general agent, surplus      505          

line broker, or licensee known to be involved in procuring,        506          

placing, or continuing the insurance for the policyholder or       507          

applicant, upon the binding of the coverage;                       508          

      (20)  In the case of an agent that is a corporation,         510          

limited liability company, or partnership, failing to report an    511          

individual licensee's violation to the department when the         512          

violation was known or should have been known by one or more of    513          

the partners, officers, managers, or members of the corporation,   514          

limited liability company, or partnership;                         515          

      (21)  Submitting or using a document in the conduct of the   518          

business of insurance when the person knew or should have known    519          

that the document contained the forged signature of another        520          

person;                                                                         

      (22)  Misrepresenting the person's qualifications or using   523          

in any way a professional designation that has not been conferred  524          

upon the person by the appropriate accrediting organization;       525          

      (23)  Obtaining a premium loan or causing a premium loan to  528          

be made to or in the name of an insured without that person's      529          

knowledge and written authorization;                                            

      (24)  Failing to notify the superintendent of any            531          

disciplinary action taken by the insurance authority of another    532          

state, within sixty days after the action was taken, as required   534          

by section 3905.54 of the Revised Code;                                         

      (25)  Failing to file any of the reports or notices          536          

required under this chapter;                                       537          

      (26)  Submitting an application for insurance, or causing    540          

the issuance of an insurance policy or contract, on behalf of an   541          

applicant who did not request or authorize the insurance.          542          

Division (B)(26) of this section does not apply to any policy      543          

issued by an other than life insurance company.                                 

      (27)  Using paper, software, or any other materials of or    546          

                                                          12     


                                                                 
provided by an insurer after the insurer has terminated the                     

authority of the licensee, if the use of such materials would      547          

cause a reasonable person to believe that the licensee was acting  549          

on behalf of or otherwise representing the insurer;                550          

      (28)  Providing misleading, deceptive, or untrue             552          

information to an applicant for insurance or a policyholder        553          

regarding a particular insurance agent, company, or product;       555          

      (29)  Soliciting, procuring an application for, or placing,  558          

either directly or indirectly, any insurance policy when the       559          

person is not authorized under this chapter to engage in such      560          

activity;                                                                       

      (30)  Soliciting, marketing, or selling any product or       562          

service that offers benefits similar to insurance but is not       563          

regulated by the superintendent, without fully disclosing to the   564          

prospective purchaser that the product or service is not           565          

insurance and is not regulated by the superintendent;              566          

      (31)  Failing to fulfill a refund obligation in a timely     568          

manner.  For purposes of division (B)(31) of this section, a       570          

rebuttable presumption exists that a refund obligation is not      571          

fulfilled in a timely manner unless it is fulfilled within one of  572          

the following time periods:                                        573          

      (a)  Thirty days after the date the policyholder,            576          

applicant, or insurer takes or requests action resulting in a      577          

refund;                                                                         

      (b)  Thirty days after the date of the insurer's refund      580          

check, if the agent is expected to issue a portion of the total    581          

refund;                                                                         

      (c)  Forty-five days after the date of the agent's           584          

statement of account on which the refund first appears.            585          

      (32)  WITH RESPECT TO A SURETY BAIL BOND AGENT LICENSE,      587          

REBATING OR OFFERING TO REBATE, OR UNLAWFULLY DIVIDING OR          588          

OFFERING TO DIVIDE, ANY COMMISSION.                                589          

      (C)  Before denying, revoking, suspending, or refusing to    591          

issue any license or imposing any penalty under this section or    593          

                                                          13     


                                                                 
section 3905.482 of the Revised Code, the superintendent shall                  

provide the licensee or applicant with notice and an opportunity   596          

for hearing as provided in Chapter 119. of the Revised Code,       597          

except as follows:                                                 598          

      (1)(a)  Any notice of opportunity for hearing, the hearing   600          

officer's findings and recommendations, or the superintendent's    602          

order shall be served by certified mail at the last known address  603          

of the licensee or applicant.  Service shall be evidenced by       604          

return receipt signed by any person.                                            

      For purposes of this section, the "last known address" is    606          

the address that appears in the licensing records of the           607          

department of insurance.                                                        

      (b)  If the certified mail envelope is returned with an      610          

endorsement showing that service was refused, or that the          611          

envelope was unclaimed, the notice and all subsequent notices                   

required by Chapter 119. of the Revised Code may be served by      612          

ordinary mail to the last known address of the licensee or         613          

applicant.  The mailing shall be evidenced by a certificate of     614          

mailing.  Service is deemed complete as of the date of such        615          

certificate provided that the ordinary mail envelope is not        616          

returned by the postal authorities with an endorsement showing     617          

failure of delivery.  The time period in which to request a        618          

hearing, as provided in Chapter 119. of the Revised Code, begins   621          

to run on the date of mailing.                                     622          

      (c)  If service by ordinary mail fails, the superintendent   625          

may cause a summary of the substantive provisions of the notice    626          

to be published once a week for three consecutive weeks in a       627          

newspaper of general circulation in the county where the last      628          

known place of residence or business of the party is located.      629          

The notice is considered served on the date of the third           630          

publication.                                                                    

      (d)  Any notice required to be served under Chapter 119. of  633          

the Revised Code shall also be served upon the party's attorney    636          

by ordinary mail if the attorney has entered an appearance in the  637          

                                                          14     


                                                                 
matter.                                                                         

      (e)  The superintendent may, at any time, perfect service    640          

on a party by personal delivery of the notice by an employee of    641          

the department.                                                                 

      (f)  Notices regarding the scheduling of hearings and all    644          

other matters not described in division (C)(1)(a) of this section  646          

shall be sent by ordinary mail to the party and to the party's     647          

attorney.                                                                       

      (2)  Any subpoena for the appearance of a witness or the     650          

production of documents or other evidence at a hearing, or for     651          

the purpose of taking testimony for use at a hearing, shall be     652          

served by certified mail, return receipt requested, by an                       

attorney or by an employee of the department designated by the     653          

superintendent.  Such subpoenas shall be enforced in the manner    654          

provided in section 119.09 of the Revised Code.  Nothing in this   657          

section shall be construed as limiting the superintendent's other  658          

statutory powers to issue subpoenas.                               659          

      (D)  If the superintendent determines that a violation       661          

described in this section has occurred, the superintendent may do  663          

any of the following:                                              664          

      (1)  Assess a civil forfeiture in an amount not exceeding    667          

twenty-five thousand dollars per violation;                                     

      (2)  Assess administrative costs to cover the expenses       669          

incurred by the department in the administrative action,           670          

including costs incurred in the investigation and hearing          671          

processes.  Any costs collected shall be paid into the state       672          

treasury to the credit of the department of insurance operating    673          

fund created in section 3901.021 of the Revised Code.              675          

      (3)  Suspend all of the person's licenses for all lines of   677          

insurance for either a specified period of time or an indefinite   678          

period of time and under such terms and conditions as the          679          

superintendent may determine;                                      680          

      (4)  Permanently revoke all of the person's licenses for     682          

all lines of insurance;                                            683          

                                                          15     


                                                                 
      (5)  Refuse to issue a license;                              685          

      (6)  Refuse to renew a license;                              687          

      (7)  Prohibit the person from being employed in any          689          

capacity in the business of insurance and from having any          690          

financial interest in any insurance agency, company, SURETY BAIL   691          

BOND BUSINESS, or third-party administrator in this state.  The    693          

superintendent may, in the superintendent's discretion, determine  694          

the nature, conditions, and duration of such restrictions.         695          

      (8)  Order corrective actions in lieu of or in addition to   698          

the other penalties listed in division (D) of this section.  Such  699          

an order may provide for the suspension of civil forfeitures,      700          

license revocation, license suspension, or refusal to issue or     701          

renew a license if the licensee complies with the terms and        702          

conditions of the corrective action order.                         703          

      (9)  Accept a surrender for cause offered by the licensee,   706          

which shall be for at least five years and shall prohibit the      707          

licensee from seeking any license authorized under this chapter    708          

during that time period.  A surrender for cause may also include   709          

a corrective action order as provided in division (D)(8) of this   710          

section.                                                                        

      (E)  The superintendent may consider the following factors   713          

in denying a license, imposing suspensions, revocations, fines,    714          

or other penalties, and issuing orders under this section:         715          

      (1)  Whether the person acted in good faith;                 717          

      (2)  Whether the person made restitution for any pecuniary   720          

losses suffered by other persons as a result of the person's       721          

actions;                                                           722          

      (3)  The actual harm or potential for harm to others;        724          

      (4)  The degree of trust placed in the person by, and the    726          

vulnerability of, persons who were or could have been adversely    728          

affected by the person's actions;                                  729          

      (5)  Whether the person was the subject of any previous      732          

administrative actions by the superintendent;                                   

      (6)  The number of individuals adversely affected by the     735          

                                                          16     


                                                                 
person's acts or omissions;                                                     

      (7)  Whether the person voluntarily reported the violation,  737          

and the extent of the person's cooperation and acceptance of       738          

responsibility;                                                    739          

      (8)  Whether the person obstructed or impeded, or attempted  742          

to obstruct or impede, the superintendent's investigation;         743          

      (9)  The person's efforts to conceal the misconduct;         746          

      (10)  Remedial efforts to prevent future violations;         749          

      (11)  If the person was convicted of a criminal offense,     752          

the nature of the offense, whether the conviction was based on     753          

acts or omissions taken under any professional license, whether    754          

the offense involved the breach of a fiduciary duty, the amount    755          

of time that has passed, and the person's activities subsequent    756          

to the conviction;                                                              

      (12)  Such other factors as the superintendent determines    758          

to be appropriate under the circumstances.                         759          

      (F)(1)  A violation described in division (B)(1), (2), (3),  762          

(5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (17),       763          

(18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29),  765          

(30), or (31), OR (32) of this section is a class A offense for    766          

which the superintendent may impose any penalty set forth in       767          

division (D) of this section.                                      768          

      (2)  A violation described in division (B)(4), (15), (16),   771          

or (24) of this section is a class B offense for which the         773          

superintendent may impose any penalty set forth in division        774          

(D)(1), (2), (8), or (9) of this section.                          776          

      (G)  If a violation described in this section has caused,    779          

is causing, or is about to cause substantial and material harm,    781          

the superintendent may issue an order requiring that person to     782          

cease and desist from engaging in the violation.  Notice of the    783          

order shall be mailed by certified mail, return receipt            784          

requested, or served in any other manner provided for in this      785          

section, immediately after its issuance to the person subject to   786          

the order and to all persons known to be involved in the           787          

                                                          17     


                                                                 
violation.  The superintendent may thereafter publicize or         788          

otherwise make known to all interested parties that the order has  789          

been issued.                                                                    

      The notice shall specify the particular act, omission,       791          

practice, or transaction that is subject to the cease-and-desist   792          

order and shall set a date, not more than fifteen days after the   793          

date of the order, for a hearing on the continuation or            794          

revocation of the order.  The person shall comply with the order   795          

immediately upon receipt of notice of the order.                   796          

      The superintendent may, upon the application of a party and  799          

for good cause shown, continue the hearing.  Chapter 119. of the   800          

Revised Code applies to such hearings to the extent that that      803          

chapter does not conflict with the procedures set forth in this    804          

section.  The superintendent shall, within fifteen days after      805          

objections are submitted to the hearing officer's report and       806          

recommendation, issue a final order either confirming or revoking  807          

the cease-and-desist order.  The final order may be appealed as    808          

provided under section 119.12 of the Revised Code.                 810          

      The remedy under this division is cumulative and concurrent  813          

with the other remedies available under this section.                           

      (H)  If the superintendent has reasonable cause to believe   816          

that an order issued under this section has been violated in       817          

whole or in part, the superintendent may request the attorney      818          

general to commence and prosecute any appropriate action or        819          

proceeding in the name of the state against such person.           820          

      The court may, in an action brought pursuant to this         822          

division, impose any of the following:                             823          

      (1)  For each violation, a civil penalty of not more than    826          

twenty-five thousand dollars;                                                   

      (2)  Injunctive relief;                                      828          

      (3)  Restitution;                                            830          

      (4)  Any other appropriate relief.                           832          

      (I)  WITH RESPECT TO A SURETY BAIL BOND AGENT LICENSE:       834          

      (1)  UPON THE SUSPENSION OR REVOCATION OF A LICENSE, OR THE  836          

                                                          18     


                                                                 
ELIGIBILITY OF A SURETY BAIL BOND AGENT TO HOLD A LICENSE, THE     837          

SUPERINTENDENT LIKEWISE MAY SUSPEND OR REVOKE THE LICENSE OR       838          

ELIGIBILITY OF ANY SURETY BAIL BOND AGENT WHO IS EMPLOYED BY OR    839          

ASSOCIATED WITH THAT AGENT AND WHO KNOWINGLY WAS A PARTY TO THE    840          

ACT THAT RESULTED IN THE SUSPENSION OR REVOCATION.                 841          

      (2)  THE SUPERINTENDENT MAY REVOKE A LICENSE AS A SURETY     843          

BAIL BOND AGENT IF THE LICENSEE IS ADJUDGED BANKRUPT.              844          

      (J)  This section applies to both resident and nonresident   847          

agents who are licensed under this chapter.                        848          

      (J)(K)  Nothing in this section shall be construed to        851          

create or imply a private cause of action against an agent,        853          

solicitor, or insurer.                                                          

      Sec. 3905.55.  (A)  Except as provided in division (B) of    863          

this section, an agent may charge a consumer a fee if all of the   864          

following conditions are met:                                      865          

      (1)  The fee is disclosed to the consumer in a manner that   868          

separately identifies the fee and the premium.                                  

      (2)  The fee is not calculated as a percentage of the        870          

premium.                                                           871          

      (3)  The fee is not refunded, forgiven, waived, offset, or   874          

reduced by any commission earned or received for any policy or     875          

coverage sold.                                                                  

      (4)  The amount of the fee, and the consumer's obligation    878          

to pay the fee, are not conditioned upon the occurrence of a       879          

future event or condition, such as the purchase, cancellation,     880          

lapse, declination, or nonrenewal of insurance.                    881          

      (5)  The agent discloses to the consumer that the fee is     884          

being charged by the agent and not by the insurance company, that  885          

neither state law nor the insurance company requires the agent to  886          

charge the fee, and that the fee is not refundable.                887          

      (6)  The consumer consents to the fee.                       889          

      (7)  The agent, in charging the fee, does not discriminate   892          

on the basis of race, sex, national origin, religion, disability,  893          

health status, age, marital status, or geographic location, and    894          

                                                          19     


                                                                 
does not unfairly discriminate between persons of essentially the  895          

same class and of essentially the same hazard or expectation of    896          

life.                                                                           

      (B)  A fee may not be charged for taking or submitting an    899          

initial application for coverage with any one insurer or           900          

different programs with the same insurer, or processing a change   901          

to an existing policy, a cancellation, a claim, or a renewal, in   902          

connection with any of the following personal lines policies:      903          

      (1)  Private passenger automobile;                           905          

      (2)  Homeowners, including coverage for tenants or           907          

condominium owners, owner-occupied fire or dwelling property       908          

coverage, personal umbrella liability, or any other personal       909          

lines-related coverage whether sold as a separate policy or as an  911          

endorsement to another personal lines policy;                                   

      (3)  Individual life insurance;                              913          

      (4)  Individual sickness or accident insurance;              915          

      (5)  Disability income policies;                             917          

      (6)  Credit insurance products.                              920          

      (C)  Notwithstanding any other provision of this section,    923          

an agent may charge a fee for agent services in connection with a  924          

policy issued on a no-commission basis, if the agent provides the  925          

consumer with prior disclosure of the fee and of the services to   926          

be provided.                                                       927          

      (D)  In the event of a dispute between an agent and a        930          

consumer regarding any disclosure required by this section, the    931          

agent has the burden of proving that the disclosure was made.      932          

      (E)(1)  No person shall fail to comply with this section.    935          

      (2)  Whoever violates division (E)(1) of this section is     938          

deemed to have engaged in an unfair and deceptive act or practice  940          

in the business of insurance under sections 3901.19 to 3901.26 of  941          

the Revised Code.                                                  942          

      (F)  THIS SECTION DOES NOT APPLY WITH RESPECT TO ANY         944          

EXPENSE FEE CHARGED BY A SURETY BAIL BOND AGENT TO COVER THE       945          

COSTS INCURRED BY THE SURETY BAIL BOND AGENT IN EXECUTING THE      946          

                                                          20     


                                                                 
BAIL BOND.                                                                      

      Sec. 3905.86 3905.81.  (A)  As used in this section:         955          

      (1)  "Reinsurance intermediary-broker" means a person,       957          

other than an officer or employee of the ceding insurer, that      958          

solicits, negotiates, or places reinsurance cessions or            959          

retrocessions on behalf of a ceding insurer without the authority  960          

or power to bind reinsurance on behalf of such insurer.            961          

      (2)(a)  "Reinsurance intermediary-manager" means a person    963          

that has authority to bind or that manages all or part of the      964          

assumed reinsurance business of a reinsurer, including the         965          

management of a separate division, department, or underwriting     966          

office, and that acts as an agent of the reinsurer whether known   967          

as a reinsurance intermediary-manager, manager, or similar term.   968          

      (b)  "Reinsurance intermediary-manager" does not include:    970          

      (i)  An employee of the reinsurer;                           972          

      (ii)  A United States manager of the United States branch    974          

of an alien reinsurer;                                             975          

      (iii)  An underwriting manager that, pursuant to contract,   977          

manages all of the reinsurance operations of the reinsurer, is     978          

under common control with the reinsurer, subject to sections       979          

3901.32 to 3901.37 of the Revised Code, and whose compensation is  980          

not based on the volume of premiums written;                       981          

      (iv)  The manager of a group, association, pool, or          983          

organization of insurers that engages in joint reinsurance and     984          

that are subject to examination by the insurance regulatory        985          

authority of the state in which the manager's principal business   986          

office is located.                                                 987          

      (B)  No person shall act as a reinsurance                    989          

intermediary-broker or reinsurance intermediary-manager in this    990          

state, or on behalf of an insurer or reinsurer domiciled in this   991          

state, unless the person first obtains a license from the          992          

superintendent of insurance in accordance with this section or     993          

the superintendent accepts, in accordance with rules that he THE   994          

SUPERINTENDENT may adopt under division (C) of this section, a     996          

                                                          21     


                                                                 
license issued to the person by the insurance regulatory           997          

authority of another state.                                                     

      (C)  The superintendent of insurance shall adopt rules in    999          

accordance with Chapter 119. of the Revised Code establishing the  1,000        

standards and procedures for licensing reinsurance                 1,001        

intermediary-brokers and reinsurance intermediary-managers.  The   1,002        

superintendent may also adopt rules, in accordance with Chapter    1,003        

119. of the Revised Code, for the acceptance of licenses issued    1,004        

by insurance regulatory authorities of other states with statutes  1,005        

similar to this section in lieu of requiring a license to be       1,006        

obtained from the superintendent under division (B) of this        1,007        

section.                                                           1,008        

      (D)  The fee for the issuance or renewal of a license shall  1,010        

be five hundred dollars.  The fee for accepting the license of     1,011        

another state shall be one hundred dollars each year.  All fees    1,012        

collected pursuant to this section shall be paid into the state    1,013        

treasury to the credit of the department of insurance operating    1,014        

fund.                                                              1,015        

      Sec. 3905.83.  AS USED IN SECTIONS 3905.83 TO 3905.95 OF     1,017        

THE REVISED CODE:                                                               

      (A)  "INSURER" MEANS ANY DOMESTIC, FOREIGN, OR ALIEN         1,020        

INSURANCE COMPANY THAT HAS BEEN ISSUED A CERTIFICATE OF AUTHORITY  1,021        

BY THE SUPERINTENDENT OF INSURANCE TO TRANSACT SURETY BUSINESS IN  1,022        

THIS STATE.                                                                     

      (B)  "MANAGING GENERAL AGENT" MEANS ANY PERSON THAT IS       1,025        

APPOINTED OR EMPLOYED BY AN INSURER TO SUPERVISE OR OTHERWISE      1,026        

MANAGE THE BAIL BOND BUSINESS WRITTEN IN THIS STATE BY SURETY      1,027        

BAIL BOND AGENTS APPOINTED BY THE INSURER.                         1,028        

      (C)  "SURETY" MEANS AN INSURER THAT AGREES TO BE             1,031        

RESPONSIBLE FOR THE FULFILLMENT OF THE OBLIGATION OF A PRINCIPAL   1,032        

IF THE PRINCIPAL FAILS TO FULFILL THAT OBLIGATION.                 1,033        

      Sec. 3905.84.  NO PERSON SHALL ACT IN THE CAPACITY OF A      1,035        

SURETY BAIL BOND AGENT, OR PERFORM ANY OF THE FUNCTIONS, DUTIES,   1,037        

OR POWERS PRESCRIBED FOR SURETY BAIL BOND AGENTS UNDER SECTIONS    1,038        

                                                          22     


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

QUALIFIED, LICENSED, AND APPOINTED AS PROVIDED IN THOSE SECTIONS.  1,040        

      Sec. 3905.841.  THE FOLLOWING PERSONS OR CLASSES OF PERSONS  1,042        

SHALL NOT ACT AS SURETY BAIL BOND AGENTS OR EMPLOYEES OF A SURETY  1,043        

BAIL BOND AGENT OR BAIL BOND BUSINESS AND SHALL NOT DIRECTLY OR    1,046        

INDIRECTLY RECEIVE ANY BENEFITS FROM THE EXECUTION OF A BAIL                    

BOND, EXCEPT AS A PRINCIPAL:                                       1,047        

      (A)  JAILERS OR OTHER PERSONS EMPLOYED IN A DETENTION        1,049        

FACILITY, AS DEFINED IN SECTION 2921.01 OF THE REVISED CODE;       1,051        

      (B)  PEACE OFFICERS AS DEFINED IN SECTION 2921.51 OF THE     1,053        

REVISED CODE, OR OTHER EMPLOYEES OF A LAW ENFORCEMENT AGENCY;      1,054        

      (C)  COMMITTING MAGISTRATES, EMPLOYEES OF A COURT, OR        1,056        

EMPLOYEES OF THE CLERK OF ANY COURT;                               1,057        

      (D)  ATTORNEYS;                                              1,059        

      (E)  ANY OTHER PERSONS HAVING THE POWER TO ARREST, OR        1,061        

PERSONS WHO HAVE AUTHORITY OVER OR CONTROL OF, FEDERAL, STATE,     1,062        

COUNTY, OR MUNICIPAL CORPORATION PRISONERS.                        1,063        

      Sec. 3905.85.  (A)  AN APPLICANT FOR A LICENSE AS A SURETY   1,066        

BAIL BOND AGENT SHALL SUBMIT AN APPLICATION FOR THE LICENSE IN A   1,067        

MANNER PRESCRIBED BY THE SUPERINTENDENT OF INSURANCE.  THE         1,068        

APPLICATION SHALL BE ACCOMPANIED BY A ONE HUNDRED FIFTY DOLLAR     1,069        

FEE AND A STATEMENT THAT GIVES THE APPLICANT'S NAME, AGE,          1,070        

RESIDENCE, PRESENT OCCUPATION, OCCUPATION FOR THE FIVE YEARS NEXT  1,071        

PRECEDING THE DATE OF THE APPLICATION, AND SUCH OTHER INFORMATION  1,072        

AS THE SUPERINTENDENT MAY REQUIRE.                                 1,073        

      THE APPLICANT SHALL ALSO REQUEST A CRIMINAL RECORDS CHECK    1,075        

CONDUCTED BY THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL          1,076        

IDENTIFICATION AND INVESTIGATION IN ACCORDANCE WITH SECTION        1,077        

109.572 OF THE REVISED CODE, AND DIRECT THAT THE BUREAU'S WRITTEN  1,079        

RESPONSE TO THAT REQUEST BE TRANSMITTED TO THE SUPERINTENDENT OF   1,080        

INSURANCE, OR TO THE SUPERINTENDENT'S DESIGNEE, AS SPECIFIED ON    1,082        

THE FORM PRESCRIBED PURSUANT TO THAT SECTION.  IF THE                           

SUPERINTENDENT OF INSURANCE OR THE SUPERINTENDENT'S DESIGNEE       1,083        

FAILS TO RECEIVE THE BUREAU'S RESPONSE TO THE APPLICANT'S REQUEST  1,084        

                                                          23     


                                                                 
FOR A CRIMINAL RECORDS CHECK, THE SUPERINTENDENT MAY REFUSE TO     1,085        

ISSUE A LICENSE UNDER THIS SECTION.  THE APPLICANT SHALL PAY ANY   1,086        

FEE REQUIRED BY THE BUREAU FOR CONDUCTING THE CRIMINAL RECORDS     1,087        

CHECK.                                                                          

      AN APPLICANT FOR A LICENSE SHALL SUBMIT TO AN EXAMINATION    1,089        

AS TO THE QUALIFICATIONS SET FORTH IN DIVISION (B) OF THIS         1,090        

SECTION.                                                                        

      (B)  THE SUPERINTENDENT OF INSURANCE SHALL ISSUE TO AN       1,093        

APPLICANT A LICENSE THAT STATES IN SUBSTANCE THAT THE PERSON IS    1,094        

AUTHORIZED TO DO THE BUSINESS OF A SURETY BAIL BOND AGENT, IF THE  1,095        

SUPERINTENDENT IS SATISFIED THAT ALL OF THE FOLLOWING APPLY:       1,096        

      (1)  IF THE APPLICANT IS A NATURAL PERSON, THE APPLICANT IS  1,098        

EIGHTEEN YEARS OF AGE OR OLDER.                                    1,099        

      (2)  THE APPLICANT IS A PERSON OF HIGH CHARACTER AND         1,101        

INTEGRITY.                                                         1,102        

      (3)  THE APPLICANT HAS SUCCESSFULLY COMPLETED THE            1,104        

EDUCATIONAL REQUIREMENTS SET FORTH IN SECTION 3905.48 OF THE       1,106        

REVISED CODE.                                                                   

      (C)  A SURETY BAIL BOND AGENT LICENSE ISSUED PURSUANT TO     1,108        

THIS SECTION AUTHORIZES THE HOLDER, WHEN APPOINTED BY AN INSURER,  1,109        

TO EXECUTE OR COUNTERSIGN BAIL BONDS IN CONNECTION WITH JUDICIAL   1,110        

PROCEEDINGS AND TO RECEIVE MONEY OR OTHER THINGS OF VALUE FOR      1,111        

THOSE SERVICES.  HOWEVER, THE HOLDER SHALL NOT EXECUTE OR DELIVER  1,112        

A BOND DURING THE FIRST ONE HUNDRED EIGHTY DAYS AFTER THE LICENSE  1,113        

IS INITIALLY ISSUED.  THIS RESTRICTION DOES NOT APPLY WITH         1,114        

RESPECT TO LICENSE RENEWALS.                                       1,115        

      (D)  THE SUPERINTENDENT OF INSURANCE MAY SUSPEND OR REVOKE   1,117        

A SURETY BAIL BOND AGENT'S LICENSE AS PROVIDED IN SECTION          1,119        

3905.482 OF THE REVISED CODE, AND MAY SUSPEND, REVOKE, OR REFUSE   1,120        

TO ISSUE OR RENEW SUCH A LICENSE AS PROVIDED IN SECTION 3905.49    1,121        

OF THE REVISED CODE.                                               1,122        

      IF THE SUPERINTENDENT REFUSES TO ISSUE SUCH A LICENSE BASED  1,124        

IN WHOLE OR IN PART UPON THE BUREAU'S WRITTEN RESPONSE TO A        1,125        

CRIMINAL RECORDS CHECK REQUESTED PURSUANT TO DIVISION (A) OF THIS  1,126        

                                                          24     


                                                                 
SECTION, THE SUPERINTENDENT SHALL SEND A COPY OF THE RESPONSE      1,127        

THAT THE BUREAU TRANSMITTED TO THE SUPERINTENDENT OR TO THE        1,128        

SUPERINTENDENT'S DESIGNEE, TO THE APPLICANT AT THE APPLICANT'S     1,129        

HOME ADDRESS UPON THE APPLICANT'S SUBMISSION OF A WRITTEN REQUEST  1,130        

TO THE SUPERINTENDENT.                                             1,131        

      (E)  ANY PERSON LICENSED AS A SURETY BAIL BOND AGENT MAY     1,133        

SURRENDER THE PERSON'S LICENSE IN ACCORDANCE WITH SECTION          1,134        

3905.012 OF THE REVISED CODE.                                      1,135        

      (F)  UNLESS REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR    1,137        

SURRENDERED BY THE SURETY BAIL BOND AGENT, SUCH A LICENSE MAY, IN  1,138        

THE DISCRETION OF THE SUPERINTENDENT AND THE PAYMENT OF A ONE      1,139        

HUNDRED FIFTY DOLLAR FEE, BE CONTINUED PAST THE LAST DAY OF        1,140        

FEBRUARY NEXT AFTER ITS ISSUE AND AFTER THE LAST DAY OF FEBRUARY   1,141        

IN EACH SUCCEEDING YEAR.                                           1,142        

      (G)   THE SUPERINTENDENT OF INSURANCE MAY PRESCRIBE THE      1,144        

FORMS TO BE USED AS EVIDENCE OF THE ISSUANCE OF A LICENSE UNDER    1,145        

THIS SECTION.  THE SUPERINTENDENT SHALL REQUIRE EACH LICENSEE TO   1,146        

ACQUIRE, FROM A SOURCE DESIGNATED BY THE SUPERINTENDENT, A WALLET  1,147        

IDENTIFICATION CARD THAT INCLUDES THE LICENSEE'S PHOTOGRAPH AND    1,148        

ANY OTHER INFORMATION REQUIRED BY THE SUPERINTENDENT.  THE         1,149        

LICENSEE SHALL KEEP THE WALLET IDENTIFICATION CARD ON THE          1,150        

LICENSEE'S PERSON WHILE ENGAGING IN THE BAIL BOND BUSINESS.        1,151        

      (H)(1)  THE SUPERINTENDENT OF INSURANCE SHALL NOT ISSUE OR   1,153        

RENEW THE LICENSE OF A CORPORATION, PARTNERSHIP, OR LIMITED        1,154        

LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THIS OR ANY OTHER    1,155        

STATE UNLESS THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY    1,156        

COMPANY IS QUALIFIED TO DO BUSINESS IN THIS STATE UNDER THE        1,157        

APPLICABLE PROVISIONS OF TITLE XVII OF THE REVISED CODE.           1,159        

      (2)  THE FAILURE OF A CORPORATION, PARTNERSHIP, OR LIMITED   1,161        

LIABILITY COMPANY TO BE IN GOOD STANDING WITH THE SECRETARY OF     1,162        

STATE OR TO MAINTAIN A VALID APPOINTMENT OF STATUTORY AGENT IS     1,163        

GROUNDS FOR SUSPENDING, REVOKING, OR REFUSING TO RENEW ITS         1,164        

LICENSE.                                                                        

      (3)  BY APPLYING FOR A SURETY BAIL BOND AGENT LICENSE UNDER  1,166        

                                                          25     


                                                                 
THIS SECTION, AN INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LIMITED  1,167        

LIABILITY COMPANY CONSENTS TO THE JURISDICTION OF THE COURTS OF    1,168        

THIS STATE.                                                                     

      (I)  A SURETY BAIL BOND AGENT LICENSED PURSUANT TO THIS      1,171        

SECTION IS AN OFFICER OF THE COURT.                                1,172        

      (J)  ANY FEE COLLECTED UNDER THIS SECTION SHALL BE PAID      1,174        

INTO THE STATE TREASURY TO THE CREDIT OF THE DEPARTMENT OF         1,175        

INSURANCE OPERATING FUND CREATED BY SECTION 3901.021 OF THE        1,176        

REVISED CODE.                                                                   

      Sec. 3905.851.  A SURETY BAIL BOND AGENT QUALIFIED,          1,178        

LICENSED, AND APPOINTED IN ACCORDANCE WITH SECTIONS 3905.83 TO     1,179        

3905.95 OF THE REVISED CODE SHALL NOT BE REQUIRED TO PAY ANY       1,181        

LICENSING FEE IMPOSED BY A POLITICAL SUBDIVISION OF THIS STATE TO  1,182        

PERFORM ANY OF THE FUNCTIONS, DUTIES, OR POWERS PRESCRIBED FOR     1,183        

SURETY BAIL BOND AGENTS UNDER THOSE SECTIONS.                                   

      Sec. 3905.86.  (A)  ANY PERSON LICENSED AS A SURETY BAIL     1,185        

BOND AGENT MAY BE APPOINTED BY AN INSURER IN ACCORDANCE WITH THIS  1,186        

SECTION.                                                                        

      (B)  EACH INSURER SHALL CERTIFY TO THE SUPERINTENDENT OF     1,189        

INSURANCE BEFORE THE THIRTIETH DAY OF JUNE EACH YEAR THE NAMES     1,190        

AND ADDRESSES OF THE SURETY BAIL BOND AGENTS FOR WHOM IT REQUESTS  1,191        

APPOINTMENTS OR THE CONTINUANCE OF APPOINTMENTS.  ALL INSURERS     1,192        

SHALL PAY TO THE SUPERINTENDENT A FEE OF TWENTY DOLLARS FOR EACH   1,193        

SUCH APPOINTMENT WHEN ISSUED AND FOR EACH CONTINUANCE THEREAFTER.  1,194        

SUCH AN APPOINTMENT, UNLESS CANCELED BY THE INSURER, MAY BE        1,195        

CONTINUED IN FORCE PAST THE THIRTIETH DAY OF JUNE NEXT AFTER ITS   1,196        

ISSUE AND AFTER THE THIRTIETH DAY OF JUNE OF EACH SUCCEEDING YEAR  1,197        

PROVIDED THAT THE APPOINTEE IS LICENSED AND IS ELIGIBLE FOR THE    1,198        

APPOINTMENT.                                                       1,199        

      ANY FEE COLLECTED UNDER THIS DIVISION SHALL BE PAID INTO     1,201        

THE STATE TREASURY TO THE CREDIT OF THE DEPARTMENT OF INSURANCE    1,202        

OPERATING FUND CREATED BY SECTION 3901.021 OF THE REVISED CODE.    1,205        

      (C)(1)  BY APPOINTING A SURETY BAIL BOND AGENT, AN INSURER   1,207        

CERTIFIES TO THE SUPERINTENDENT THAT THE PERSON IS COMPETENT,      1,209        

                                                          26     


                                                                 
FINANCIALLY RESPONSIBLE, AND SUITABLE TO REPRESENT THE INSURER.    1,210        

      (2)  AN INSURER SHALL BE BOUND BY THE ACTS OF THE PERSON     1,212        

NAMED IN THE APPOINTMENT WITHIN THAT PERSON'S ACTUAL OR APPARENT   1,213        

AUTHORITY AS ITS AGENT.                                            1,214        

      (D)  A SURETY BAIL BOND AGENT SHALL NOT REPRESENT TO THE     1,216        

PUBLIC THAT THE AGENT HAS AUTHORITY TO REPRESENT A PARTICULAR      1,218        

INSURER UNTIL THE INSURER HAS ACKNOWLEDGED THAT AUTHORITY BY       1,219        

APPOINTMENT OF THE AGENT IN ACCORDANCE WITH THIS SECTION.          1,220        

      Sec. 3905.861.  AN INSURER THAT APPOINTS A SURETY BAIL BOND  1,222        

AGENT WHO IS A MEMBER OF AN AGENCY, PARTNERSHIP, CORPORATION, OR   1,224        

LIMITED LIABILITY COMPANY SHALL REQUIRE THAT ALL OTHER SURETY      1,226        

BAIL BOND AGENTS WHO ARE MEMBERS OF THE SAME AGENCY, PARTNERSHIP,  1,227        

CORPORATION, OR LIMITED LIABILITY COMPANY BE APPOINTED TO                       

REPRESENT THAT INSURER.                                            1,228        

      Sec. 3905.862.  UPON THE EXPIRATION OR CANCELLATION OF A     1,230        

SURETY BAIL BOND AGENT'S APPOINTMENT, THE AGENT SHALL NOT ENGAGE   1,233        

OR ATTEMPT TO ENGAGE IN ANY ACTIVITY REQUIRING SUCH AN                          

APPOINTMENT.  HOWEVER, AN INSURER THAT CANCELS THE APPOINTMENT OF  1,234        

A SURETY BAIL BOND AGENT MAY AUTHORIZE THE AGENT TO CONTINUE TO    1,236        

ATTEMPT THE ARREST AND SURRENDER OF A DEFENDANT FOR WHOM A BAIL    1,237        

BOND HAD BEEN WRITTEN PRIOR TO THE CANCELLATION AND TO SEEK        1,238        

DISCHARGE OF FORFEITURES AND JUDGMENTS.                                         

      Sec. 3905.87.  (A)  A SURETY BAIL BOND AGENT SHALL NOT FILE  1,240        

A BOND IN ANY COURT OF THIS STATE UNLESS BOTH OF THE FOLLOWING     1,242        

CONDITIONS ARE MET:                                                             

      (1)  THE AGENT HAS REGISTERED WITH THE CLERK OF THAT COURT,  1,244        

IF REGISTRATION IS REQUIRED BY THE COURT.                          1,245        

      (2)  THE AGENT HAS REGISTERED WITH THE CLERK OF THE COURT    1,247        

OF COMMON PLEAS OF THE COUNTY IN WHICH THE AGENT RESIDES.          1,248        

      (B)  TO REGISTER, A SURETY BAIL BOND AGENT SHALL FILE, WITH  1,250        

THE CLERK OF THE COURT, A CERTIFIED COPY OF THE SURETY BAIL BOND   1,252        

AGENT'S APPOINTMENT BY POWER OF ATTORNEY FROM EACH INSURER THAT    1,254        

THE SURETY BAIL BOND AGENT REPRESENTS.  REGISTRATION AND FILING    1,255        

OF A CERTIFIED COPY OF A RENEWED POWER OF ATTORNEY SHALL BE        1,256        

                                                          27     


                                                                 
PERFORMED BY THE FIRST DAY OF AUGUST OF EACH ODD-NUMBERED YEAR.    1,257        

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

SURETY BAIL BOND AGENT UNLESS THE SURETY BAIL BOND AGENT IS        1,258        

CURRENTLY LICENSED AND APPOINTED IN ACCORDANCE WITH SECTIONS       1,260        

3905.83 TO 3905.95 OF THE REVISED CODE.                                         

      Sec. 3905.88.  (A)  EACH INDIVIDUAL WHO IS ISSUED A LICENSE  1,262        

AS A SURETY BAIL BOND AGENT SHALL COMPLETE, IN ACCORDANCE WITH     1,264        

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

CONTINUING EDUCATION OFFERED IN A COURSE OR PROGRAM OF STUDY       1,266        

RELATED TO THE BAIL BOND BUSINESS THAT IS APPROVED BY THE          1,267        

SUPERINTENDENT OF INSURANCE IN CONSULTATION WITH THE INSURANCE     1,268        

AGENT EDUCATION ADVISORY COUNCIL.                                  1,269        

      (B)  THE SUPERINTENDENT SHALL, IN ACCORDANCE WITH SECTION    1,271        

3905.482 OF THE REVISED CODE, SUSPEND OR REVOKE THE LICENSE OF     1,273        

ANY SURETY BAIL BOND AGENT WHO FAILS TO MEET THE REQUIREMENTS OF   1,274        

DIVISION (A) OF THIS SECTION AND HAS NOT BEEN GRANTED AN           1,275        

EXTENSION OF TIME WITHIN WHICH TO COMPLETE THE REQUIREMENTS.       1,276        

      (C)  THE SUPERINTENDENT SHALL ADOPT, IN ACCORDANCE WITH      1,280        

CHAPTER 119. OF THE REVISED CODE, ANY RULE NECESSARY TO CARRY OUT  1,283        

THE SUPERINTENDENT'S DUTIES UNDER THIS SECTION.                    1,284        

      Sec. 3905.89.  EACH PERSON LICENSED UNDER SECTIONS 3905.83   1,286        

TO 3905.95 OF THE REVISED CODE SHALL NOTIFY IN WRITING THE         1,288        

APPROPRIATE INSURER OR MANAGING GENERAL AGENT, AND THE CLERK OF    1,289        

THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE LICENSEE      1,290        

RESIDES, WITHIN THIRTY DAYS AFTER A CHANGE IN THE LICENSEE'S       1,291        

PRINCIPAL BUSINESS ADDRESS OR TELEPHONE NUMBER.                                 

      THIS NOTIFICATION REQUIREMENT IS IN ADDITION TO THE          1,293        

NOTIFICATION REQUIREMENTS SET FORTH IN SECTION 3905.54 OF THE      1,294        

REVISED CODE.                                                                   

      Sec. 3905.90.  EACH SURETY BAIL BOND AGENT SHALL MAINTAIN    1,296        

ALL RECORDS OF SURETY BONDS EXECUTED OR COUNTERSIGNED BY THE       1,298        

SURETY BAIL BOND AGENT FOR AT LEAST THREE YEARS AFTER THE          1,300        

LIABILITY OF THE SURETY HAS BEEN TERMINATED.  THOSE RECORDS SHALL  1,301        

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

                                                          28     


                                                                 
PHOTOGRAPHIC REPRODUCTION BY ANY EMPLOYEE OR AGENT OF THE          1,302        

DEPARTMENT OF INSURANCE, OR BY ANY AUTHORIZED REPRESENTATIVE OF    1,303        

THE INSURER OR MANAGING GENERAL AGENT.  THE SUPERINTENDENT OF      1,304        

INSURANCE AT ANY TIME MAY REQUIRE THE LICENSEE TO FURNISH TO THE   1,305        

DEPARTMENT, IN THE MANNER AND FORM THAT THE SUPERINTENDENT                      

REQUIRES, ANY INFORMATION CONCERNING THE SURETY BOND BUSINESS OF   1,306        

THE LICENSEE.                                                                   

      Sec. 3905.91.  (A)  ALL BUILD-UP FUNDS POSTED BY A SURETY    1,308        

BAIL BOND AGENT OR MANAGING GENERAL AGENT, EITHER WITH AN INSURER  1,310        

OR MANAGING GENERAL AGENT REPRESENTING AN INSURER, SHALL BE        1,311        

MAINTAINED IN AN INDIVIDUAL BUILD-UP TRUST ACCOUNT FOR THE SURETY  1,312        

BAIL BOND AGENT BY THE INSURER OR THE MANAGING GENERAL AGENT.      1,314        

THE INSURER OR MANAGING GENERAL AGENT SHALL ESTABLISH THE ACCOUNT               

IN A FEDERALLY INSURED BANK OR SAVINGS AND LOAN ASSOCIATION IN     1,315        

THIS STATE JOINTLY IN THE NAME OF THE SURETY BAIL BOND AGENT AND   1,316        

THE INSURER OR MANAGING GENERAL AGENT, OR IN TRUST FOR THE SURETY  1,317        

BAIL BOND AGENT BY THE INSURER OR MANAGING GENERAL AGENT.  THE     1,319        

ACCOUNT SHALL BE OPEN TO INSPECTION AND EXAMINATION BY THE                      

DEPARTMENT OF INSURANCE AT ALL TIMES.  THE INSURER OR MANAGING     1,320        

GENERAL AGENT SHALL MAINTAIN AN ACCOUNTING OF ALL OF THOSE FUNDS,  1,321        

WHICH ACCOUNTING DESIGNATES THE AMOUNTS COLLECTED ON EACH BOND     1,322        

WRITTEN.                                                                        

      (B)  BUILD-UP FUNDS SHALL NOT EXCEED FORTY PER CENT OF THE   1,324        

PREMIUM AS ESTABLISHED BY THE SURETY BAIL BOND AGENT'S CONTRACT    1,325        

AGREEMENT WITH THE INSURER OR MANAGING GENERAL AGENT.  BUILD-UP    1,327        

FUNDS RECEIVED SHALL BE IMMEDIATELY DEPOSITED TO THE BUILD-UP      1,328        

TRUST ACCOUNT.  INTEREST EARNED ON BUILD-UP TRUST ACCOUNTS SHALL   1,329        

ACCRUE TO THE SURETY BAIL BOND AGENT.                                           

      (C)  BUILD-UP FUNDS ARE DUE UPON TERMINATION OF THE SURETY   1,331        

BAIL BOND AGENT'S CONTRACT AND DISCHARGE OF LIABILITIES ON THE     1,333        

BONDS FOR WHICH THE BUILD-UP FUNDS WERE POSTED.  THE INSURER OR    1,334        

MANAGING GENERAL AGENT SHALL PAY THE FUNDS TO THE SURETY BAIL      1,335        

BOND AGENT NOT LATER THAN SIX MONTHS AFTER THE FUNDS ARE DUE.      1,336        

      Sec. 3905.92.  (A)  A SURETY BAIL BOND AGENT THAT ACCEPTS    1,338        

                                                          29     


                                                                 
COLLATERAL SECURITY OR OTHER INDEMNITY SHALL COMPLY WITH ALL OF    1,339        

THE FOLLOWING REQUIREMENTS:                                        1,340        

      (1)  THE COLLATERAL SECURITY OR OTHER INDEMNITY SHALL BE     1,342        

REASONABLE IN RELATION TO THE AMOUNT OF THE BOND.                  1,343        

      (2)  THE COLLATERAL SECURITY OR OTHER INDEMNITY SHALL NOT    1,345        

BE USED BY THE SURETY BAIL BOND AGENT FOR PERSONAL BENEFIT OR      1,346        

GAIN AND SHALL BE RETURNED IN THE SAME CONDITION AS RECEIVED.      1,347        

      (3)  ACCEPTABLE FORMS OF COLLATERAL SECURITY OR INDEMNITY    1,349        

INCLUDE CASH OR ITS EQUIVALENT, A PROMISSORY NOTE, AN INDEMNITY    1,350        

AGREEMENT, A REAL PROPERTY MORTGAGE IN THE NAME OF THE SURETY,     1,351        

AND ANY FILING UNDER CHAPTER 1309. OF THE REVISED CODE.  IF THE    1,353        

SURETY BAIL BOND AGENT ACCEPTS ON A BOND COLLATERAL SECURITY IN    1,354        

EXCESS OF FIFTY THOUSAND DOLLARS IN CASH, THE CASH AMOUNT SHALL    1,355        

BE MADE PAYABLE TO THE SURETY IN THE FORM OF A CASHIER'S CHECK,    1,356        

UNITED STATES POSTAL MONEY ORDER, CERTIFICATE OF DEPOSIT, OR WIRE  1,358        

TRANSFER.                                                                       

      (4)  THE SURETY BAIL BOND AGENT SHALL PROVIDE TO THE PERSON  1,360        

GIVING THE COLLATERAL SECURITY OR OTHER INDEMNITY, A WRITTEN,      1,361        

NUMBERED RECEIPT THAT DESCRIBES IN A DETAILED MANNER THE           1,362        

COLLATERAL SECURITY OR OTHER INDEMNITY RECEIVED, ALONG WITH        1,363        

COPIES OF ANY DOCUMENTS RENDERED.                                  1,364        

      (5)  THE COLLATERAL SECURITY OR OTHER INDEMNITY SHALL BE     1,366        

RECEIVED AND HELD IN THE SURETY'S NAME BY THE SURETY BAIL BOND     1,367        

AGENT IN A FIDUCIARY CAPACITY AND, PRIOR TO ANY FORFEITURE OF      1,368        

BAIL, SHALL BE KEPT SEPARATE AND APART FROM ANY OTHER FUNDS OR     1,369        

ASSETS OF THE SURETY BAIL BOND AGENT.  HOWEVER, WHEN COLLATERAL    1,370        

SECURITY IN EXCESS OF FIFTY THOUSAND DOLLARS IN CASH OR ITS        1,371        

EQUIVALENT IS RECEIVED ON A BOND, THE SURETY BAIL BOND AGENT       1,372        

PROMPTLY SHALL FORWARD THE ENTIRE AMOUNT TO THE SURETY OR          1,373        

MANAGING GENERAL AGENT.                                                         

      (B)  COLLATERAL SECURITY MAY BE PLACED IN AN                 1,375        

INTEREST-BEARING ACCOUNT IN A FEDERALLY INSURED BANK OR SAVINGS    1,376        

AND LOAN ASSOCIATION IN THIS STATE, TO ACCRUE TO THE BENEFIT OF    1,377        

THE PERSON GIVING THE COLLATERAL SECURITY.  THE SURETY BAIL BOND   1,378        

                                                          30     


                                                                 
AGENT, SURETY, OR MANAGING GENERAL AGENT SHALL NOT MAKE ANY        1,379        

PECUNIARY GAIN ON THE COLLATERAL SECURITY DEPOSITED.               1,380        

      (C)(1)  THE SURETY IS LIABLE FOR ALL COLLATERAL SECURITY OR  1,382        

OTHER INDEMNITY ACCEPTED BY A SURETY BAIL BOND AGENT.  IF, UPON    1,383        

FINAL TERMINATION OF LIABILITY ON A BOND, THE SURETY BAIL BOND     1,384        

AGENT OR MANAGING GENERAL AGENT FAILS TO RETURN THE COLLATERAL     1,385        

SECURITY TO THE PERSON THAT GAVE IT, THE SURETY SHALL RETURN THE   1,386        

ACTUAL COLLATERAL TO THAT PERSON OR, IN THE EVENT THAT THE SURETY  1,387        

CANNOT LOCATE THE COLLATERAL, SHALL PAY THE PERSON IN ACCORDANCE   1,388        

WITH THIS SECTION.                                                 1,389        

      (2)  A SURETY'S LIABILITY AS DESCRIBED IN DIVISION (C)(1)    1,391        

OF THIS SECTION SURVIVES THE TERMINATION OF THE SURETY BAIL BOND   1,392        

AGENT'S APPOINTMENT, WITH RESPECT TO THOSE BONDS THAT WERE         1,393        

EXECUTED BY THE SURETY BAIL BOND AGENT PRIOR TO THE TERMINATION    1,394        

OF THE APPOINTMENT.                                                             

      (D)  IF A FORFEITURE OCCURS, THE SURETY BAIL BOND AGENT OR   1,396        

SURETY SHALL GIVE THE PRINCIPAL AND THE PERSON THAT GAVE THE       1,397        

COLLATERAL SECURITY TEN DAYS' WRITTEN NOTICE OF INTENT TO CONVERT  1,398        

THE COLLATERAL DEPOSIT INTO CASH TO SATISFY THE FORFEITURE.  THE   1,399        

NOTICE SHALL BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,  1,400        

TO THE LAST KNOWN ADDRESS OF THE PRINCIPAL AND THE PERSON THAT     1,401        

GAVE THE COLLATERAL.                                               1,402        

      THE SURETY BAIL BOND AGENT OR SURETY SHALL CONVERT THE       1,404        

COLLATERAL DEPOSIT INTO CASH WITHIN A REASONABLE PERIOD OF TIME    1,405        

AND RETURN THAT WHICH IS IN EXCESS OF THE FACE VALUE OF THE BOND   1,406        

MINUS THE ACTUAL AND REASONABLE EXPENSES OF CONVERTING THE         1,408        

COLLATERAL INTO CASH.  IN NO EVENT SHALL THESE EXPENSES EXCEED                  

TEN PER CENT OF THE FACE VALUE OF THE BOND.  HOWEVER, UPON MOTION  1,409        

AND PROOF THAT THE ACTUAL AND REASONABLE EXPENSES EXCEED TEN PER   1,410        

CENT, THE COURT MAY ALLOW RECOVERY OF THE FULL AMOUNT OF THE       1,411        

ACTUAL AND REASONABLE EXPENSES.  IF THERE IS A REMISSION OF        1,412        

FORFEITURE THAT REQUIRED THE SURETY TO PAY THE BOND TO THE COURT,  1,413        

THE SURETY SHALL PAY TO THE PERSON THAT GAVE THE COLLATERAL THE    1,415        

VALUE OF ANY COLLATERAL RECEIVED FOR THE BOND MINUS THE ACTUAL     1,416        

                                                          31     


                                                                 
AND REASONABLE EXPENSES PERMITTED TO BE RECOVERED UNDER THIS       1,417        

DIVISION.                                                                       

      (E)  A SURETY BAIL BOND AGENT OR SURETY SHALL NOT SOLICIT    1,419        

OR ACCEPT A WAIVER OF ANY OF THE PROVISIONS OF THIS SECTION, OR    1,420        

ENTER INTO ANY AGREEMENT AS TO THE VALUE OF THE COLLATERAL.        1,421        

      (F)  NO PERSON SHALL FAIL TO COMPLY WITH THIS SECTION.       1,423        

      Sec. 3905.921.  (A)  IF COLLATERAL SECURITY OR OTHER         1,425        

INDEMNITY IS ACCEPTED ON A BOND, THE SURETY BAIL BOND AGENT,       1,426        

MANAGING GENERAL AGENT, OR SURETY SHALL MAKE, UPON DEMAND, A       1,427        

WRITTEN REQUEST TO THE COURT FOR A DISCHARGE OF THE BOND TO BE     1,428        

DELIVERED TO THE SURETY OR THE SURETY'S AGENT.                     1,429        

      IF THE OBLIGATION OF THE SURETY ON THE BOND IS RELEASED IN   1,431        

WRITING BY THE COURT AND A DISCHARGE IS PROVIDED TO THE SURETY OR  1,432        

THE SURETY'S AGENT, THE COLLATERAL SECURITY OR OTHER INDEMNITY,    1,433        

EXCEPT A PROMISSORY NOTE OR AN INDEMNITY AGREEMENT, SHALL BE       1,434        

RETURNED, WITHIN TWENTY-ONE DAYS AFTER THE DISCHARGE IS PROVIDED,  1,435        

TO THE PERSON THAT GAVE THE COLLATERAL SECURITY OR OTHER           1,436        

INDEMNITY, UNLESS ANOTHER DISPOSITION IS PROVIDED FOR BY LEGAL     1,437        

ASSIGNMENT OF THE RIGHT TO RECEIVE THE COLLATERAL TO ANOTHER       1,438        

PERSON.  IF, DESPITE DILIGENT INQUIRY BY THE SURETY OR THE         1,439        

SURETY'S AGENT TO DETERMINE THAT THE BOND HAS BEEN DISCHARGED,     1,440        

THE COURT FAILS TO PROVIDE A WRITTEN DISCHARGE WITHIN THIRTY DAYS  1,441        

AFTER THE WRITTEN REQUEST WAS MADE TO THE COURT, THE BOND SHALL    1,442        

BE CONSIDERED CANCELED BY OPERATION OF LAW, AND THE COLLATERAL     1,443        

SECURITY OR OTHER INDEMNITY, EXCEPT A PROMISSORY NOTE OR AN        1,444        

INDEMNITY AGREEMENT, SHALL BE RETURNED, WITHIN TWENTY-ONE DAYS     1,445        

AFTER THE WRITTEN REQUEST FOR DISCHARGE WAS MADE TO THE COURT, TO  1,446        

THE PERSON THAT GAVE THE COLLATERAL SECURITY OR OTHER INDEMNITY.   1,447        

      (B)  NO FEE OR OTHER CHARGE, OTHER THAN THOSE AUTHORIZED BY  1,449        

SECTIONS 3905.83 TO 3905.95 OF THE REVISED CODE OR BY RULE OF THE  1,450        

SUPERINTENDENT OF INSURANCE, SHALL BE DEDUCTED FROM THE            1,452        

COLLATERAL DUE.  HOWEVER, ALLOWABLE EXPENSES INCURRED IN THE                    

APPREHENSION OF A DEFENDANT BECAUSE OF A FORFEITURE OF BOND OR     1,453        

JUDGMENT MAY BE DEDUCTED IF THOSE EXPENSES ARE ACCOUNTED FOR.      1,455        

                                                          32     


                                                                 
      (C)(1)  NO PERSON SHALL FAIL TO RETURN COLLATERAL SECURITY   1,457        

IN ACCORDANCE WITH THIS SECTION.                                   1,458        

      (2)  A VIOLATION OF DIVISION (C)(1) OF THIS SECTION SHALL    1,460        

BE PUNISHABLE AS FOLLOWS:                                          1,461        

      (a)  IF THE COLLATERAL IS OF A VALUE OF LESS THAN FIVE       1,464        

HUNDRED DOLLARS, A VIOLATION IS A MISDEMEANOR OF THE FIRST                      

DEGREE;                                                                         

      (b)  IF THE COLLATERAL IS OF A VALUE OF AT LEAST FIVE        1,466        

HUNDRED DOLLARS BUT LESS THAN FIVE THOUSAND DOLLARS, A VIOLATION   1,468        

IS A FELONY OF THE FIFTH DEGREE;                                                

      (c)  IF THE COLLATERAL IS OF A VALUE OF AT LEAST FIVE        1,470        

THOUSAND DOLLARS BUT LESS THAN TEN THOUSAND DOLLARS, A VIOLATION   1,471        

IS A FELONY OF THE FOURTH DEGREE;                                  1,472        

      (d)  IF THE COLLATERAL IS OF A VALUE OF TEN THOUSAND         1,474        

DOLLARS OR MORE, A VIOLATION IS A FELONY OF THE THIRD DEGREE.      1,476        

      Sec. 3905.93.  A SURETY BAIL BOND AGENT SHALL NOT EXECUTE A  1,478        

BAIL BOND WITHOUT DOING BOTH OF THE FOLLOWING:                     1,480        

      (A)  CHARGING THE PREMIUM RATE FILED WITH AND APPROVED BY    1,482        

THE SUPERINTENDENT OF INSURANCE;                                   1,483        

      (B)  DISCLOSING THE EXPENSE FEE THAT WILL BE CHARGED TO      1,486        

COVER THE COSTS INCURRED BY THE AGENT IN EXECUTING THE BOND.       1,487        

      Sec. 3905.931.  (A)  NO INSURER, MANAGING GENERAL AGENT, OR  1,489        

SURETY BAIL BOND AGENT SHALL FURNISH TO ANY PERSON ANY BLANK       1,490        

FORM, APPLICATION, STATIONERY, BUSINESS CARD, OR OTHER SUPPLIES    1,492        

TO BE USED IN SOLICITING, NEGOTIATING, OR EFFECTING BAIL BONDS     1,493        

UNLESS THE PERSON IS LICENSED TO ACT AS A SURETY BAIL BOND AGENT   1,495        

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

AN UNLICENSED EMPLOYEE, UNDER THE DIRECT SUPERVISION AND CONTROL   1,496        

OF A LICENSED AND APPOINTED SURETY BAIL BOND AGENT, FROM           1,497        

POSSESSING OR EXECUTING IN THE SURETY BOND OFFICE, ANY FORM,       1,499        

OTHER THAN A POWER OF ATTORNEY, BOND FORM, OR COLLATERAL RECEIPT,  1,500        

WHILE ACTING WITHIN THE SCOPE OF THE EMPLOYEE'S EMPLOYMENT.        1,501        

      (B)  AN INSURER THAT FURNISHES ANY OF THE SUPPLIES           1,504        

MENTIONED IN DIVISION (A) OF THIS SECTION TO ANY SURETY BAIL BOND  1,505        

                                                          33     


                                                                 
AGENT OR OTHER PERSON NOT APPOINTED BY AN INSURER AND THAT         1,507        

ACCEPTS ANY BAIL BOND BUSINESS FROM OR WRITES ANY BAIL BOND                     

BUSINESS FOR THAT SURETY BAIL BOND AGENT OR OTHER PERSON IS        1,509        

LIABLE ON THE BOND TO THE SAME EXTENT AND IN THE SAME MANNER AS    1,511        

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

OR AUTHORIZED BY AN INSURER TO ACT IN ITS BEHALF.                  1,514        

      Sec. 3905.932.  A SURETY BAIL BOND AGENT OR INSURER SHALL    1,516        

NOT DO ANY OF THE FOLLOWING:                                       1,517        

      (A)  SUGGEST OR ADVISE THE EMPLOYMENT OF, OR NAME FOR        1,519        

EMPLOYMENT, ANY PARTICULAR ATTORNEY TO REPRESENT ITS PRINCIPAL;    1,520        

      (B)  DIRECTLY OR INDIRECTLY SOLICIT BUSINESS IN, OR ON THE   1,522        

PROPERTY OR GROUNDS OF, A DETENTION FACILITY, AS DEFINED IN        1,524        

SECTION 2921.01 OF THE REVISED CODE, OR IN, OR ON THE PROPERTY OR  1,525        

GROUNDS OF, ANY COURT.  FOR PURPOSES OF THIS DIVISION, "SOLICIT"   1,526        

INCLUDES THE DISTRIBUTION OF BUSINESS CARDS, PRINT ADVERTISING,    1,527        

OR ANY OTHER WRITTEN INFORMATION DIRECTED TO PRISONERS OR          1,528        

POTENTIAL INDEMNITORS, UNLESS A REQUEST IS INITIATED BY THE                     

PRISONER OR POTENTIAL INDEMNITOR.  PERMISSIBLE PRINT ADVERTISING   1,529        

IN A DETENTION FACILITY IS STRICTLY LIMITED TO A LISTING IN A      1,530        

TELEPHONE DIRECTORY AND THE POSTING OF THE SURETY BAIL BOND        1,531        

AGENT'S NAME, ADDRESS, AND TELEPHONE NUMBER IN A DESIGNATED        1,532        

LOCATION WITHIN THE DETENTION FACILITY.                                         

      (C)  WEAR OR OTHERWISE DISPLAY ANY IDENTIFICATION, OTHER     1,534        

THAN WALLET IDENTIFICATION CARD REQUIRED UNDER DIVISION (G) OF     1,535        

SECTION 3905.85 OF THE REVISED CODE, IN OR ON THE PROPERTY OR      1,537        

GROUNDS OF A DETENTION FACILITY, AS DEFINED IN SECTION 2921.01 OF  1,538        

THE REVISED CODE, OR IN OR ON THE PROPERTY OR GROUNDS OF ANY       1,539        

COURT;                                                                          

      (D)  PAY A FEE OR REBATE OR GIVE OR PROMISE ANYTHING OF      1,541        

VALUE TO A JAILER, LAW ENFORCEMENT OFFICER, COMMITTING             1,542        

MAGISTRATE, OR OTHER PERSON WHO HAS POWER TO ARREST OR TO HOLD IN  1,543        

CUSTODY, OR TO ANY PUBLIC OFFICIAL OR PUBLIC EMPLOYEE, IN ORDER    1,544        

TO SECURE A SETTLEMENT, COMPROMISE, REMISSION, OR REDUCTION OF     1,545        

THE AMOUNT OF ANY BAIL BOND OR ESTREATMENT OF BAIL;                             

                                                          34     


                                                                 
      (E)  PAY A FEE OR REBATE OR GIVE OR PROMISE ANYTHING OF      1,547        

VALUE TO AN ATTORNEY IN A BAIL BOND MATTER, EXCEPT IN DEFENSE OF   1,548        

ANY ACTION ON A BOND;                                                           

      (F)  PAY A FEE OR REBATE OR GIVE OR PROMISE ANYTHING OF      1,550        

VALUE TO THE PRINCIPAL OR TO ANYONE IN THE PRINCIPAL'S BEHALF;     1,551        

      (G)  PARTICIPATE IN THE CAPACITY OF AN ATTORNEY AT A TRIAL   1,553        

OR HEARING OF A PRINCIPAL;                                         1,554        

      (H)  ACCEPT ANYTHING OF VALUE FROM A PRINCIPAL FOR           1,556        

PROVIDING A BAIL BOND, OTHER THAN THE PREMIUM FILED WITH AND       1,557        

APPROVED BY THE SUPERINTENDENT OF INSURANCE AND AN EXPENSE FEE,    1,558        

EXCEPT THAT THE SURETY BAIL BOND AGENT MAY, IN ACCORDANCE WITH     1,559        

SECTION 3905.92 OF THE REVISED CODE, ACCEPT COLLATERAL SECURITY    1,560        

OR OTHER INDEMNITY FROM A PRINCIPAL OR OTHER PERSON TOGETHER WITH  1,561        

DOCUMENTARY STAMP TAXES IF APPLICABLE.  NO FEES, EXPENSES, OR      1,562        

CHARGES OF ANY KIND SHALL BE DEDUCTED FROM THE COLLATERAL HELD OR  1,563        

ANY RETURN PREMIUM DUE, EXCEPT AS AUTHORIZED BY SECTIONS 3905.83   1,564        

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

A SURETY BAIL BOND AGENT, UPON WRITTEN AGREEMENT WITH ANOTHER      1,566        

PARTY, MAY RECEIVE A FEE OR OTHER COMPENSATION FOR RETURNING TO    1,568        

CUSTODY AN INDIVIDUAL WHO HAS FLED THE JURISDICTION OF THE COURT   1,569        

OR CAUSED THE FORFEITURE OF A BOND.                                             

      (I)  EXECUTE A BOND IN THIS STATE ON THE PERSON'S OWN        1,571        

BEHALF;                                                                         

      (J)  EXECUTE A BOND IN THIS STATE IF A JUDGMENT HAS BEEN     1,573        

ENTERED ON A BOND EXECUTED BY THE SURETY BAIL BOND AGENT, WHICH    1,574        

JUDGMENT HAS REMAINED UNPAID FOR AT LEAST SIXTY DAYS AFTER ALL     1,575        

APPEALS HAVE BEEN EXHAUSTED, UNLESS THE FULL AMOUNT OF THE         1,576        

JUDGMENT IS DEPOSITED WITH THE CLERK OF THE COURT.                 1,577        

      Sec. 3905.933.  (A)  A SURETY BAIL BOND AGENT SHALL NOT      1,579        

SIGN OR COUNTERSIGN IN BLANK ANY BOND, OR GIVE A POWER OF          1,581        

ATTORNEY TO, OR OTHERWISE AUTHORIZE, ANYONE TO COUNTERSIGN THE     1,582        

SURETY BAIL BOND AGENT'S NAME TO A BOND UNLESS THE PERSON SO       1,584        

AUTHORIZED IS A LICENSED AND APPOINTED SURETY BAIL BOND AGENT                   

DIRECTLY EMPLOYED BY THE SURETY BAIL BOND AGENT GIVING THAT        1,586        

                                                          35     


                                                                 
AUTHORITY.                                                                      

      (B)  A SURETY BAIL BOND AGENT SHALL NOT DIVIDE WITH ANY      1,588        

OTHER PERSON, OR SHARE IN, ANY COMMISSIONS PAYABLE ON ACCOUNT OF   1,590        

A BAIL BOND, EXCEPT AS BETWEEN OTHER SURETY BAIL BOND AGENTS THAT  1,591        

ARE LICENSED OR OTHERWISE QUALIFIED TO ENGAGE IN THE BAIL BOND     1,592        

BUSINESS IN THEIR STATE OF DOMICILE.                                            

      Sec. 3905.934.  (A)  A SURETY BAIL BOND AGENT SHALL NOT      1,594        

MAKE, PUBLISH, OR OTHERWISE DISSEMINATE, DIRECTLY OR INDIRECTLY,   1,595        

ANY MISLEADING OR FALSE ADVERTISEMENT, OR ENGAGE IN ANY OTHER      1,596        

DECEPTIVE TRADE PRACTICE.                                          1,597        

      (B)  ALL ADVERTISING BY A SURETY BAIL BOND AGENT SHALL       1,599        

INCLUDE THE ADDRESS OF RECORD OF THE AGENT ON FILE WITH THE        1,601        

DEPARTMENT OF INSURANCE.                                           1,602        

      Sec. 3905.94.  IF THE SUPERINTENDENT OF INSURANCE, IN        1,604        

ACCORDANCE WITH SECTION 3905.49 OF THE REVISED CODE, SUSPENDS OR   1,605        

REVOKES A PERSON'S LICENSE AS A SURETY BAIL BOND AGENT, THE        1,607        

PERSON, DURING THE PERIOD OF SUSPENSION OR REVOCATION, SHALL NOT   1,608        

BE EMPLOYED BY ANY SURETY BAIL BOND AGENT, HAVE ANY OWNERSHIP      1,609        

INTEREST IN ANY BUSINESS INVOLVING BAIL BONDS, OR HAVE ANY         1,610        

FINANCIAL INTEREST OF ANY TYPE IN ANY BAIL BOND BUSINESS.          1,611        

      Sec. 3905.941.  UPON THE SURRENDER, SUSPENSION, OR           1,613        

REVOCATION OF A SURETY BAIL BOND AGENT'S LICENSE, THE APPOINTING   1,614        

INSURER OR MANAGING GENERAL AGENT IMMEDIATELY SHALL DESIGNATE A    1,616        

LICENSED AND APPOINTED SURETY BAIL BOND AGENT TO ADMINISTER ALL    1,617        

BAIL BONDS PREVIOUSLY WRITTEN BY THE LICENSEE.                                  

      Sec. 3905.95.  THE SUPERINTENDENT OF INSURANCE SHALL ADOPT,  1,620        

IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ANY RULES     1,623        

NECESSARY TO IMPLEMENT SECTIONS 3905.83 TO 3905.95 OF THE REVISED  1,624        

CODE.                                                                           

      Sec. 3905.99.  (A)  Whoever violates sections 3905.181,      1,633        

3905.21, or 3905.23 of the Revised Code shall be fined not less    1,634        

than twenty-five nor more than five hundred dollars or imprisoned  1,635        

not more than six months, or both.                                              

      (B)  Whoever violates section 3905.31 or 3905.33 of the      1,637        

                                                          36     


                                                                 
Revised Code shall be fined not less than twenty-five nor more     1,638        

than five hundred dollars or imprisoned not more than one year,    1,639        

or both.                                                                        

      (C)  Whoever violates section 3905.37 or 3905.43 of the      1,641        

Revised Code shall be fined not less than one hundred nor more     1,642        

than five hundred dollars.                                                      

      (D)  Whoever violates section 3905.01, DIVISION (F) OF       1,644        

SECTION 3905.92, OR DIVISION (A) OF SECTION 3905.931 of the        1,646        

Revised Code is guilty of a misdemeanor of the first degree.       1,648        

      (E)  WHOEVER VIOLATES SECTION 3905.84 OF THE REVISED CODE    1,651        

IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE ON A FIRST OR       1,652        

SECOND OFFENSE AND OF A FELONY OF THE THIRD DEGREE ON EACH                      

SUBSEQUENT OFFENSE.                                                1,653        

      Section 2.  That existing sections 3905.01, 3905.011,        1,655        

3905.012, 3905.48, 3905.49, 3905.55, 3905.86, and 3905.99 of the   1,656        

Revised Code are hereby repealed.                                  1,657        

      Section 3.  Sections 1 and 2 of this act shall take effect   1,659        

six months after the effective date of this act.                   1,660        

      Section 4.  Any person who, on the effective date of this    1,662        

act, is licensed as a property/casualty insurance agent in this    1,663        

state and is actively engaged in the business of posting bail      1,664        

bonds, is not subject to section 3905.841 of the Revised Code, as  1,665        

enacted by this act, and shall not be required to take an          1,666        

examination for licensure as a surety bail bond agent, if the      1,667        

person applies for the license during the six-month period         1,668        

immediately following the effective date of this act.              1,669        

      Section 5.  It is the intent of the General Assembly that    1,671        

the Superintendent of Insurance take any action necessary to       1,672        

provide for an orderly transition for those persons who, on the    1,673        

effective date of this act, perform the functions, duties, or      1,675        

powers prescribed for surety bail bond agents under this act.      1,676        

Consequently, the Department of Insurance shall accept license     1,677        

applications submitted by such persons beginning on the effective  1,678        

date of this act and shall make every effort possible to act upon  1,679        

                                                          37     


                                                                 
such applications within the six-month period immediately          1,680        

following that date.