To amend sections 1751.38, 3901.021, 3905.011, 3905.02, 3905.06, 3905.07, 3905.18, 3905.20, 3905.27, 3905.40, 3905.481, 3905.49, 3923.121, 3931.101, 3931.11, 3941.02, 3953.21, 3953.23, 3960.11, and 4745.01; to amend, for the purpose of adopting new numbers as indicated in parentheses, sections 3905.011 (3905.012) and 3905.02 (3905.03); to enact new sections 3905.01, 3905.011, and 3905.02 and sections 3905.013, 3905.014, 3905.471, 3905.491, 3905.492, and 3905.54; and to repeal sections 3905.01, 3905.03, and 3905.05 of the Revised Code to revise the Insurance Agents Law.

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

Sec. 1751.38. (A) As used in this section, "agent" means a person appointed by a health insuring corporation to engage in the solicitation or enrollment of subscribers or enrollees.

(B) Agents of health insuring corporations shall be licensed pursuant to section 3905.01 3905.02 or 3905.18 of the Revised Code.

(C) Sections 3905.01, 3905.03, 3905.05 3905.02, 3905.16 to 3905.18, 3905.181, 3905.19, 3905.23, 3905.40, 3905.41, 3905.42, 3905.46 to 3905.48, 3905.481, 3905.482, 3905.486, 3905.49, 3905.50, 3905.71 to 3905.79, and 3905.99 of the Revised Code shall apply to health insuring corporations and the agents of health insuring corporations in the same manner in which these sections apply to insurers and agents of insurers.

Sec. 3901.021. Two-thirds of all fees collected under section 3905.01 3905.02, division (E) of section 3905.18, and division (A)(6) of section 3905.26 of the Revised Code shall be paid into the state treasury to the credit of the department of insurance operating fund, which is hereby created. The remaining one-third shall be credited to the general revenue fund. If the superintendent of insurance is authorized by the controlling board to increase the fees pursuant to section 3905.011 3905.012 of the Revised Code, the board may also direct that an amount equal to the increase, up to three-fourths of all fees collected after the increase pursuant to section 3905.011 3905.012 of the Revised Code, shall be credited to the department of insurance operating fund, with the remaining portion to be credited to the general revenue fund. All operating expenses of the department of insurance except those expenses defined under section 3901.07 of the Revised Code shall be paid from the department of insurance operating fund.

Sec. 3905.01. (A) NO PERSON SHALL PROCURE AN APPLICATION OR QUOTE PREMIUMS FOR, DISCUSS COVERAGES OF, OR SOLICIT, NEGOTIATE, EFFECT, PROCURE, PLACE, WRITE, DELIVER, RENEW, OR BIND, A POLICY OF INSURANCE OR ENGAGE IN DIRECT RESPONSE OR MASS MARKETING ADVERTISING THROUGH ANY MEDIUM FOR RISKS RESIDING, LOCATED, OR TO BE PERFORMED IN THIS STATE, UNLESS THE PERSON IS LICENSED BY THE SUPERINTENDENT OF INSURANCE IN ACCORDANCE WITH THIS CHAPTER.

(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING PERSONS:

(1) AN INSURER AS DEFINED IN SECTION 3901.32 OF THE REVISED CODE;

(2) ANY PERSON WHO FURNISHES INFORMATION REGARDING GROUP INSURANCE, ENROLLS INDIVIDUALS IN GROUP INSURANCE PLANS, ISSUES CERTIFICATES UNDER SUCH PLANS, OR OTHERWISE ASSISTS IN ADMINISTERING SUCH PLANS, IF NO COMMISSION OR OTHER FORM OF COMPENSATION RELATED TO PREMIUM OR SALES VOLUME IS PAID FOR SUCH SERVICES;

(3) ANY EMPLOYEE OF A CREDITOR WHO MAKES INSURANCE PRODUCTS AVAILABLE ONLY IN CONNECTION WITH A CREDIT TRANSACTION, INCLUDING CREDIT LIFE INSURANCE, CREDIT DISABILITY OR ACCIDENT AND HEALTH INSURANCE, CREDIT PROPERTY INSURANCE, INVOLUNTARY UNEMPLOYMENT INSURANCE, INDIVIDUAL LIFE INSURANCE, AND INDIVIDUAL DISABILITY OR ACCIDENT AND HEALTH INSURANCE, IF THE ENTIRE PREMIUM IS FINANCED AS PART OF THE CREDIT TRANSACTION AND THE FOLLOWING CONDITIONS ARE MET:

(a) IF THE INSURANCE PRODUCT IS AN INDIVIDUAL LIFE INSURANCE POLICY, A LICENSED AGENT IS RESPONSIBLE FOR THE INSURANCE TRANSACTION.

(b) IF THE EMPLOYEE OF THE CREDITOR IS PAID BY THE INSURANCE AGENT OR BY THE INSURANCE COMPANY, THE EMPLOYEE HOLDS A LIMITED AUTHORITY LICENSE.

FOR PURPOSES OF DIVISION (B)(3) OF THIS SECTION, "CREDIT PROPERTY INSURANCE" MEANS INSURANCE COVERING REASONABLE RISKS OF LOSS, DAMAGE, AND DESTRUCTION OF PROPERTY USED AS SECURITY FOR A LOAN, WHICH INSURANCE MAY ALSO COVER OTHER PROPERTY THAT IS INCIDENTAL TO THE PROPERTY USED AS SECURITY FOR THE LOAN.

(4) ANY EMPLOYER, OR OFFICER OR EMPLOYEE OF AN EMPLOYER, TO THE EXTENT THAT THE EMPLOYER, OFFICER, OR EMPLOYEE IS ENGAGED IN THE ADMINISTRATION OR OPERATION OF ANY EMPLOYEE BENEFITS PROGRAM INVOLVING THE USE OF INSURANCE FOR THE EMPLOYER'S EMPLOYEES OR THE EMPLOYEES OF A SUBSIDIARY OR AFFILIATE OF THE EMPLOYER, PROVIDED THAT THE EMPLOYER, OFFICER, OR EMPLOYEE IS NOT COMPENSATED, EITHER DIRECTLY OR INDIRECTLY, IN ANY MANNER BY AN INSURANCE AGENT OR BY THE INSURANCE COMPANY ISSUING THE INSURANCE.

(C) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING ACTIVITIES WHEN PERFORMED BY AN EMPLOYEE OF, AND AT THE DIRECTION OF, AN INSURER OR LICENSED INSURANCE AGENT:

(1) THE ACCEPTANCE OF PREMIUMS OTHER THAN THE INITIAL PREMIUM;

(2) THE GATHERING OF INFORMATION THAT IS NOT REQUIRED OR USED FOR UNDERWRITING PURPOSES, SUCH AS NAMES, ADDRESSES, EXPIRATION DATES OF CURRENT INSURANCE, AND NAMES OF CURRENT INSURERS;

(3) THE SETTING OF APPOINTMENTS FOR INSURANCE AGENTS, PROVIDED THAT THE PERSON SETTING THE APPOINTMENT DOES NOT COMMUNICATE ANY INFORMATION ABOUT INSURANCE;

(4) THE PROVISION OF INFORMATION ABOUT EXISTING INSURANCE POLICIES, IF THE PERSON DOES NOT PROVIDE ANY ADVICE, SUGGESTIONS, OR RECOMMENDATIONS, EXPLAIN BENEFITS, OR INTERPRET COVERAGE PROVISIONS;

(5) THE PERFORMANCE OF CLERICAL OR MINISTERIAL DUTIES.

(D) THE SUPERINTENDENT MAY ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO SET FORTH THE SPECIFIC ACTS THAT COMPRISE ANY OF THE ACTIVITIES DESCRIBED IN THIS SECTION, THE PERFORMANCE OF WHICH EITHER REQUIRES OR DOES NOT REQUIRE LICENSURE AS AN AGENT.

Sec. 3905.011. (A) AS USED IN THIS SECTION AND SECTIONS 3905.013 AND 3905.014 OF THE REVISED CODE, "INSURER" HAS THE SAME MEANING AS IN SECTION 3901.32 OF THE REVISED CODE.

(B) ANY PERSON WHO IS LICENSED AS AN AGENT UNDER SECTION 3905.02 OR 3905.18 OF THE REVISED CODE IS ELIGIBLE TO BE APPOINTED BY ONE OR MORE INSURERS AUTHORIZED TO DO BUSINESS IN THIS STATE.

(C)(1) PRIOR TO APPOINTING AN AGENT, AN INSURER SHALL CERTIFY TO THE SUPERINTENDENT OF INSURANCE, IN ACCORDANCE WITH RULES ADOPTED BY THE SUPERINTENDENT UNDER SECTION 3905.014 OF THE REVISED CODE, THAT THE PERSON IS COMPETENT, FINANCIALLY RESPONSIBLE, AND SUITABLE TO REPRESENT THE INSURER.

(2) NO AGENT SHALL REPRESENT TO THE PUBLIC THAT THE AGENT HAS AUTHORITY TO REPRESENT A PARTICULAR INSURER UNTIL THE INSURER HAS ACKNOWLEDGED THAT AUTHORITY BY APPOINTMENT OF THE AGENT IN ACCORDANCE WITH DIVISION (C)(1) OF THIS SECTION.

(D)(1) NO INSURER SHALL PAY A COMMISSION, FEE, OR OTHER TYPE OF CONSIDERATION, OR GIVE ANY OTHER THING OF VALUE, TO A PERSON WHO IS NOT LICENSED BY THE SUPERINTENDENT IN ACCORDANCE WITH THIS CHAPTER FOR THE SALE OF, OR FOR ANY DIRECT OR INDIRECT CONNECTION WITH THE SALE OF, ANY INSURANCE SOLD BY OR ON BEHALF OF THE INSURER.

(2) NOTHING IN THIS SECTION PROHIBITS AN INSURER FROM ENTERING INTO A COMPENSATION AGREEMENT WITH A CREDITOR WHO MAKES INSURANCE PRODUCTS AVAILABLE ONLY IN CONNECTION WITH A CREDIT TRANSACTION, INCLUDING CREDIT LIFE INSURANCE, CREDIT DISABILITY OR ACCIDENT AND HEALTH INSURANCE, CREDIT PROPERTY INSURANCE, INVOLUNTARY UNEMPLOYMENT INSURANCE, INDIVIDUAL LIFE INSURANCE, AND INDIVIDUAL DISABILITY OR ACCIDENT AND HEALTH INSURANCE, IF THE ENTIRE PREMIUM IS FINANCED AS PART OF THE CREDIT TRANSACTION. FOR PURPOSES OF DIVISION (D)(2) OF THIS SECTION, "CREDIT PROPERTY INSURANCE" HAS THE SAME MEANING AS IN DIVISION (B)(3) OF SECTION 3905.01 of the Revised Code.

Sec. 3905.011 3905.012. The superintendent of insurance may increase the agent's license APPOINTMENT fees imposed on domestic, foreign, and alien insurance companies pursuant to division (B)(C) of section 3905.01 3905.02, division (E) of section 3905.18, and division (E) of section 3905.20 of the Revised Code to not more than twenty dollars, if all of the following conditions are met:

(A) The superintendent submits his A request for the increase to the following committees HOUSE COMMITTEE AND SENATE COMMITTEE THAT HAVE PRIMARY JURISDICTION OVER INSURANCE ISSUES, for their review and recommendations:

(1) The house insurance committee;

(2) The senate financial institutions and insurance committee;

(3) The insurance/civil justice reform review committee established by Am. Sub. H.B. 1 of the 117th general assembly.

(B) The superintendent submits both of the following to the controlling board:

(1) The request for the increase;

(2) The recommendations of the house insurance committee, the AND senate financial institutions and insurance committee, and the insurance/civil justice reform review committee COMMITTEES DESCRIBED IN DIVISION (A) OF THIS SECTION.

(C) On or before January 1, 1990, the controlling board, after receipt of the request for the increase and the recommendations pursuant to division (B) of this section, approves the request for the increase.

Sec. 3905.013. (A)(1) EXCEPT AS PROVIDED IN DIVISION (A)(2) OF THIS SECTION, ANY PERSON LICENSED AS AN AGENT UNDER SECTION 3905.02 OR 3905.18 OF THE REVISED CODE, OR APPOINTED AS A SOLICITOR UNDER SECTION 3905.03 OF THE REVISED CODE, MAY AT ANY TIME SURRENDER ANY OR ALL LICENSES OR APPOINTMENTS HELD BY THE PERSON.

(2) NO PERSON SHALL SURRENDER THE PERSON'S LICENSES OR APPOINTMENTS IF THE SUPERINTENDENT OF INSURANCE IS INVESTIGATING ANY ALLEGATION OF WRONGDOING BY THE PERSON OR HAS INITIATED PROCEEDINGS UNDER CHAPTER 119. of the Revised Code AND NOTICE OF AN OPPORTUNITY FOR A HEARING HAS BEEN ISSUED TO THE PERSON, AND ANY ATTEMPT TO SO SURRENDER IS INVALID.

(B)(1) IF AN INSURER OR AGENT CANCELS THE APPOINTMENT OF AN AGENT OR SOLICITOR DUE TO FRAUD, MISREPRESENTATION, THEFT, CONVERSION, OR ANY OTHER CULPABLE MISAPPROPRIATION, THE INSURER OR AGENT SHALL PROMPTLY NOTIFY THE SUPERINTENDENT. THE NOTICE SHALL INCLUDE A COMPLETE STATEMENT OF THE FACTS AND THE REASONS FOR THE CANCELLATION.

(2) IN THE ABSENCE OF FRAUD OR ACTUAL MALICE, AN INSURER OR AGENT IS IMMUNE FROM ANY CIVIL LIABILITY THAT OTHERWISE MIGHT BE INCURRED OR IMPOSED AS A RESULT OF ANY ACTION TAKEN BY THE INSURER OR AGENT TO COMPLY WITH DIVISION (B)(1) OF THIS SECTION.

(C) THE SUPERINTENDENT MAY SUSPEND OR REVOKE A LICENSE OR APPOINTMENT, OR TAKE ANY OTHER DISCIPLINARY ACTION AUTHORIZED BY THIS CHAPTER, REGARDLESS OF WHETHER THE PERSON IS APPOINTED OR OTHERWISE AUTHORIZED TO REPRESENT AN INSURER OR AGENT.

Sec. 3905.014. (A) THE SUPERINTENDENT OF INSURANCE MAY ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR PURPOSES OF IMPLEMENTING SECTIONS 3905.01 TO 3905.03 AND 3905.18 OF THE REVISED CODE, INCLUDING RULES THAT DO THE FOLLOWING:

(1) SET FORTH REQUIREMENTS AND PROCEDURES FOR THE ISSUANCE OF AN AGENT'S LICENSE;

(2) PROVIDE FOR THE ISSUANCE OF A LIMITED AUTHORITY LICENSE FOR A SPECIFIC LINE OF INSURANCE, AND SET FORTH ANY PRELICENSING EDUCATION, EXAMINATION, OR CONTINUING EDUCATION REQUIREMENTS THE SUPERINTENDENT CONSIDERS APPROPRIATE FOR SUCH A LICENSE;

(3) SET FORTH THE CIRCUMSTANCES UNDER WHICH A TESTING FACILITY MAY REFUSE TO ISSUE AN AGENT'S LICENSE TO AN APPLICANT. NOTWITHSTANDING CHAPTER 119. OF THE REVISED CODE, AN OPPORTUNITY FOR A HEARING SHALL NOT BE GRANTED TO SUCH AN APPLICANT UNTIL THE SUPERINTENDENT HAS CONDUCTED AN INVESTIGATION OF THE MATTER.

(4) ESTABLISH PROCEDURES FOR CERTIFYING AN INSURER'S APPOINTMENT OF AN AGENT;

(5) ESTABLISH PROCEDURES FOR THE SURRENDER OF LICENSES OR APPOINTMENTS.

(B) THE SUPERINTENDENT MAY CONTRACT WITH ONE OR MORE VENDORS TO PROVIDE ANY SERVICES NECESSARY FOR THE PROCESSING AND MAINTAINING OF LICENSING AND APPOINTMENT RECORDS UNDER SECTIONS 3905.02, 3905.03, AND 3905.18 OF THE REVISED CODE.

Sec. 3905.02. (A) AN APPLICANT FOR A LICENSE AS AN OTHER THAN LIFE INSURANCE AGENT SHALL SUBMIT AN APPLICATION FOR SUCH A LICENSE TO THE SUPERINTENDENT OF INSURANCE. THE APPLICATION SHALL BE ON A FORM FURNISHED BY THE SUPERINTENDENT AND BE ACCOMPANIED BY A STATEMENT UNDER OATH BY THE APPLICANT WHICH GIVES THE APPLICANT'S NAME, AGE, RESIDENCE, PRESENT OCCUPATION, OCCUPATION FOR THE FIVE YEARS NEXT PRECEDING THE DATE OF THE APPLICATION, AND SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY REQUIRE.

THE APPLICANT SHALL ALSO REQUEST A CRIMINAL RECORDS CHECK CONDUCTED BY THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION IN ACCORDANCE WITH SECTION 109.572 of the Revised Code, AND SUBMIT THE BUREAU'S WRITTEN RESPONSE TO THAT REQUEST, ON A FORM ACCEPTABLE TO THE SUPERINTENDENT OF INSURANCE, WITH THE APPLICATION. THE FAILURE OF AN APPLICANT TO SUBMIT THE BUREAU'S RESPONSE TO THE APPLICANT'S REQUEST FOR A CRIMINAL RECORDS CHECK IS GROUNDS TO REFUSE TO ISSUE A LICENSE UNDER THIS SECTION. THE APPLICANT SHALL PAY ANY FEE REQUIRED BY THE BUREAU FOR CONDUCTING THE CRIMINAL RECORDS CHECK.

IF THE APPLICANT WITHIN THE PRECEDING TWO YEARS HAS NOT BEEN LICENSED AS AN INSURANCE AGENT, THE APPLICANT SHALL SUBMIT TO A HEARING AND EXAMINATION AS TO THE QUALIFICATIONS SET FORTH IN DIVISION (B) OF THIS SECTION. THE EXAMINATION AND HEARING SHALL BE HELD AND A DECISION RENDERED BY THE SUPERINTENDENT OF INSURANCE WITHIN FORTY-FIVE DAYS AFTER THE DATE OF APPLICATION FOR A LICENSE.

(B) THE SUPERINTENDENT OF INSURANCE SHALL ISSUE TO AN APPLICANT A LICENSE THAT STATES IN SUBSTANCE THAT THE PERSON IS AUTHORIZED TO DO THE BUSINESS OF AN OTHER THAN LIFE INSURANCE AGENT IN THIS STATE, IF THE SUPERINTENDENT IS SATISFIED THAT THE APPLICANT IS A SUITABLE PERSON AND INTENDS TO HOLD SELF OUT IN GOOD FAITH AS AN AGENT; THAT THE APPLICANT IS HONEST, TRUSTWORTHY, AND UNDERSTANDS THE DUTIES AND OBLIGATIONS OF AN AGENT, AND IS FAMILIAR WITH THE INSURANCE LAWS OF THIS STATE AND WITH THE TERMS AND PROVISIONS OF THE POLICIES AND CONTRACTS OF INSURANCE THE APPLICANT PROPOSES TO EFFECT; THAT IN APPLYING FOR THE LICENSE IT IS NOT THE APPLICANT'S PURPOSE OR INTENTION PRINCIPALLY TO SOLICIT OR PLACE INSURANCE ON THE APPLICANT'S OWN PROPERTY OR THAT OF RELATIVES, EMPLOYERS, OR EMPLOYEES OR THAT FOR WHICH THEY OR THE APPLICANT IS AGENT, CUSTODIAN, VENDOR, BAILEE, TRUSTEE, OR PAYEE; AND THAT THE APPLICANT HAS COMPLETED THE EDUCATIONAL REQUIREMENTS SET FORTH IN SECTION 3905.48 OF THE REVISED CODE.

THE SUPERINTENDENT MAY SUSPEND OR REVOKE SUCH A LICENSE AS PROVIDED IN SECTION 3905.482 OF THE REVISED CODE, AND MAY SUSPEND, REVOKE, REFUSE TO CONTINUE, OR REFUSE TO ISSUE SUCH A LICENSE AS PROVIDED IN SECTION 3905.49 OF THE REVISED CODE. UNLESS REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR SURRENDERED BY THE AGENT, SUCH A LICENSE CONTINUES IN FORCE FOR THE LIFE OF THE AGENT.

(C)(1) EACH INSURANCE COMPANY SHALL CERTIFY TO THE SUPERINTENDENT OF INSURANCE BEFORE THE THIRTIETH DAY OF JUNE EACH YEAR THE NAMES AND ADDRESSES OF THE AGENTS FOR WHOM IT REQUESTS APPOINTMENTS OR THE CONTINUANCE OF APPOINTMENTS. EXCEPT AS PROVIDED IN SECTION 3905.012 OF THE REVISED CODE, ALL DOMESTIC, FOREIGN, AND ALIEN COMPANIES SHALL PAY TO THE SUPERINTENDENT A FEE OF TWENTY DOLLARS FOR EVERY SUCH APPOINTMENT WHEN ISSUED AND FOR EACH CONTINUANCE THEREAFTER. SUCH AN APPOINTMENT, UNLESS CANCELED BY THE INSURANCE COMPANY, MAY BE CONTINUED IN FORCE PAST THE THIRTIETH DAY OF JUNE NEXT AFTER ITS ISSUE AND AFTER THE THIRTIETH DAY OF JUNE OF EACH SUCCEEDING YEAR PROVIDED THAT THE APPOINTEE IS LICENSED AND IS ELIGIBLE FOR THE APPOINTMENT.

(2) AN INSURANCE COMPANY SHALL BE BOUND BY THE ACTS OF THE PERSON NAMED IN THE APPOINTMENT WITHIN THAT PERSON'S APPARENT AUTHORITY AS ITS AGENT.

(3) DIVISION (C) OF THIS SECTION DOES NOT APPLY TO LIFE INSURANCE COMPANIES, INCLUDING FRATERNALS, NOR TO DOMESTIC MUTUAL PROTECTIVE ASSESSMENT FIRE ASSOCIATIONS AS DEFINED IN SECTION 3939.01 OF THE REVISED CODE.

(D) EACH LICENSED AGENT SHALL NOTIFY THE SUPERINTENDENT OF INSURANCE OF ANY CHANGE IN THE AGENT'S RESIDENTIAL OR BUSINESS ADDRESS NO LATER THAN THIRTY DAYS AFTER THE CHANGE.

(E) THE SUPERINTENDENT OF INSURANCE MAY PRESCRIBE THE FORMS TO BE USED AS EVIDENCE OF THE ISSUANCE OF LICENSES AND APPOINTMENTS UNDER THIS SECTION AND MAY ISSUE ONE OR MORE CERTIFICATES, IN A FORM SUITABLE FOR OFFICE DISPLAY, TO COVER ANY NUMBER OF INSURANCE COMPANIES WITH WHICH AN AGENT HAS APPOINTMENTS.

(F)(1) THE SUPERINTENDENT OF INSURANCE SHALL NOT ISSUE OR CONTINUE THE LICENSE OF A CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THIS OR ANY OTHER STATE UNLESS THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY IS QUALIFIED TO DO BUSINESS IN THIS STATE UNDER THE APPLICABLE PROVISIONS OF TITLE XVII OF THE REVISED CODE.

(2) THE FAILURE OF A CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY TO BE IN GOOD STANDING WITH THE SECRETARY OF STATE OR TO MAINTAIN A VALID APPOINTMENT OF STATUTORY AGENT IS GROUNDS FOR SUSPENSION OR REVOCATION OF ITS LICENSE.

(3) BY APPLYING FOR A LICENSE AS AN AGENT UNDER THIS SECTION, AN INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY CONSENTS TO THE JURISDICTION OF THE COURTS OF THIS STATE.

Sec. 3905.02 3905.03. (A) Any agent authorized and licensed as provided in section 3905.01 3905.02 of the Revised Code, and representing APPOINTED TO REPRESENT one or more insurance corporations within this state, may employ APPOINT as many solicitors as the agent desires to represent the agent and the agent's agency, but such THE solicitors shall not represent themselves, by advertisement or otherwise, as agents of insurance companies for which their employer may be the authorized agent, and such THE solicitors shall in all instances represent themselves only as solicitors for said THE agent. Upon

EACH AGENT THAT EMPLOYS A PERSON AS A SOLICITOR SHALL CERTIFY TO THE SUPERINTENDENT OF INSURANCE THAT THE PERSON IS COMPETENT, FINANCIALLY RESPONSIBLE, AND SUITABLE TO REPRESENT THE AGENT. UPON written notice by any such agent that the agent has employed such a person as a solicitor, the superintendent of insurance shall issue to the solicitor a license AN APPOINTMENT in the form prepared by the superintendent, if the superintendent is satisfied that:

(1) The applicant is a suitable person and intends to hold self out in good faith as a solicitor;.

(2) The applicant is honest and trustworthy;.

(3) The applicant has training or instruction in the business and understands the duties and obligations of a solicitor;.

(4) The applicant IS LICENSED UNDER SECTION 3905.02 of the Revised Code, is familiar with the insurance laws, and IS FAMILIAR with the provisions of the policies and contracts of insurance the applicant proposes to solicit;.

(5) In applying for such license it IT is not THE appointee's purpose or intention principally to solicit or place insurance on THE appointee's own property or that of relatives, employers, or employees or that for which they or the appointee is agent, custodian, vendor, bailee, trustee, or payee. Notice

(6) ON AND AFTER JULY 1, 1987, THE APPLICANT HAS COMPLETED THE PRELICENSING EDUCATIONAL REQUIREMENTS SET FORTH IN SECTION 3905.48 OF THE REVISED CODE.

NOTICE shall be upon a form furnished by the superintendent and shall be accompanied by a statement under oath by the solicitor which shall give GIVES the applicant's SOLICITOR'S name, age, residence, present occupation, the applicant's SOLICITOR'S occupation for the five years next preceding the date of the notice, the kinds of insurance for which the applicant SOLICITOR wishes license to solicit, and such other information as the superintendent requires, upon a blank furnished by the superintendent.

(6) On and after July 1, 1987, the applicant has completed the pre-licensing educational requirements set forth in section 3905.48 of the Revised Code.

(B) If such THE appointee within the preceding two years has not been appointed as a licensed IN THIS STATE AS AN insurance solicitor or has not had an appointment as a licensed insurance solicitor continued by an insurance agent licensed in this state FOR OTHER THAN LIFE INSURANCE UNDER SECTION 3905.02 of the Revised Code, the appointee shall submit to a hearing and examination as to the qualifications set forth in divisions (A)(1) to (5) of this section.

(C) For the purpose of licensing solicitors, insurance shall be considered as of three classes: fire insurance, including marine and inland transportation; casualty insurance; and surety insurance. A solicitor who did not hold a license as solicitor prior to January 1, 1967, may be licensed APPOINTED only if the solicitor is qualified for the same class or classes of insurance for which the agent employing the solicitor is licensed. Each solicitor's license shall state the class or classes A SOLICITOR MAY SOLICIT ONLY THOSE LINES OF INSURANCE for which issued and no BOTH THE solicitor shall be licensed for AND the same kind of insurance by more than one APPOINTING agent ARE LICENSED. Unless such license NO SOLICITOR SHALL BE APPOINTED BY MORE THAN ONE AGENT.

UNLESS THE SOLICITOR'S LICENSE is revoked or suspended by the superintendent or unless the agent by written notice to the superintendent cancels the solicitor's authority as such solicitor, or unless such license is canceled by the superintendent upon written notice from the solicitor that the solicitor's authority has been canceled by the agent, such license and any other license issued to a solicitor APPOINTMENT may, in the discretion of the superintendent, and at the request of the agent who employs the solicitor and the payment of the required fee, be continued past the thirtieth day of June next after its issue and after the thirtieth day of June each succeeding year. Each agent shall certify, to the superintendent of insurance, before the thirtieth day of June each year, the names and addresses of the solicitors the agent has employed during the preceding year, indicating those for whom the agent wishes licenses APPOINTMENTS to be continued.

The agent giving written notice shall pay to the superintendent a fee of twenty dollars for every such license APPOINTMENT and for each continuance thereof. The issuance of a solicitor's license APPOINTMENT shall be limited to a natural person who is a resident of this state or to a natural person who is employed by a licensed resident agent and is conducting business only from within this state.

The superintendent may suspend or revoke such a license as provided in section 3905.482 of the Revised Code, and may suspend, revoke, refuse to continue or renew, or refuse to issue such a license as provided in section 3905.49 of the Revised Code.

Sec. 3905.06. Sections 3905.01 to 3905.06 of the Revised Code do not apply to companies or associations transacting the business of life insurance or their agent or to associations organized and operating under sections 3939.01 to 3939.09 of the Revised Code.

Sec. 3905.07. No person shall act in this state as special representative, state agent, field representative, state, district, or local manager, or in any similar capacity by whatever title designated, unless the person is licensed by the superintendent of insurance. Upon written notice by an insurance company authorized to transact business in this state of its employment of a person to act as such representative and that the person's duties are to appoint, supervise, or dismiss agents, to aid them in soliciting, negotiating, and receiving applications of and handling orders for insurance, and to aid the employer generally in the transaction of its business in this state, but not to solicit insurance on that person's own behalf, the superintendent shall issue a license as special representative to such THE person. Such THE license shall state in substance that the company is authorized to do business in this state and that the person named therein IN THE LICENSE is a constituted special representative of the company in this state in the transaction of such business within the person's apparent authority as the company is authorized to transact therein. If such THE special representative signs policies for the company, the special representative must qualify as an agent under section 3905.01 3905.02 of the Revised Code. Unless the company, by written notice to the superintendent, cancels the special representative's authority to act for it, such license may, in the discretion of the superintendent and at the request of the company and payment of the required fee, be continued past the thirtieth day of June next after issue and the thirtieth day of June of each succeeding year. Each company shall pay a fee of five dollars for each such license and each continuance thereof.

Sec. 3905.18. (A) Upon written notice by AN APPLICANT FOR A LICENSE AS a life insurance company authorized to transact business in this state of its appointment of a person to act as its agent in this state, and upon issuance of the certificate verified by an executive officer or managing agent thereof, that such company has investigated the character and record of such person and satisfied itself that he is trustworthy and qualified to act as its agent, and that he has completed the educational requirements set forth in section 3905.48 of the Revised Code, SHALL SUBMIT TO the superintendent of insurance shall, on receipt of such certification, furnish to the agent an application for AN agent's license, which shall contain such questions touching the applicant's fitness to be licensed as an agent as the superintendent determines. If such appointee THE APPLICATION SHALL BE ACCOMPANIED BY A STATEMENT UNDER OATH BY THE APPLICANT THAT GIVES THE APPLICANT'S NAME, AGE, RESIDENCE, PRESENT OCCUPATION, OCCUPATION FOR THE FIVE YEARS NEXT PRECEDING THE DATE OF THE APPLICATION, AND SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY REQUIRE.

THE APPLICANT SHALL ALSO REQUEST A CRIMINAL RECORDS CHECK CONDUCTED BY THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION IN ACCORDANCE WITH SECTION 109.572 of the Revised Code, AND SUBMIT THE BUREAU'S WRITTEN RESPONSE TO THAT REQUEST, ON A FORM ACCEPTABLE TO THE SUPERINTENDENT OF INSURANCE, WITH THE APPLICATION. THE FAILURE OF AN APPLICANT TO SUBMIT THE BUREAU'S RESPONSE TO THE APPLICANT'S REQUEST FOR A CRIMINAL RECORDS CHECK IS GROUNDS TO REFUSE TO ISSUE A LICENSE UNDER THIS SECTION. THE APPLICANT SHALL PAY ANY FEE REQUIRED BY THE BUREAU FOR CONDUCTING THE CRIMINAL RECORDS CHECK.

IF THE APPLICANT within the preceding two years has not been appointed as a licensed AS A life insurance agent or has not had his appointment as a licensed life insurance agent continued by an insurance company authorized to transact business in this state, the appointee APPLICANT shall submit to an examination as to his THE APPLICANT'S knowledge of life and sickness and accident insurance and the laws of this state governing his activities as a life insurance agent. Unless

(B) UNLESS it appears that the appointee APPLICANT is not of good reputation and character, is not a trustworthy person, is not suitable to be licensed, or has not completed such THE educational requirements SET FORTH IN SECTION 3905.48 of the Revised Code, the superintendent OF INSURANCE shall issue to him THE APPLICANT a license which shall state, in substance, that the company PERSON is authorized to do THE business OF A LIFE INSURANCE AGENT in this state, and that the person named therein is a constituted agent of the company in this state for the transaction of such business. Each notice and certificate shall be upon forms furnished by the superintendent and shall be accompanied by a statement under oath by the appointee which shall give his name, age, residence, present occupation, occupation for the five years next preceding the date of the notice, and such other information as the superintendent requires, upon a blank furnished by him.

(B) The superintendent may suspend or revoke such a license as provided in section 3905.482 of the Revised Code, and may suspend, revoke, refuse to continue or renew, or refuse to issue such a license as provided in section 3905.49 of the Revised Code. Every such UNLESS REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR SURRENDERED BY THE AGENT, SUCH A LICENSE CONTINUES IN FORCE FOR THE LIFE OF THE AGENT.

EACH insurance company shall, upon the termination of the employment APPOINTMENT of any such agent, forthwith file with the superintendent a statement of the termination of such employment THE APPOINTMENT.

(C) Upon written notice by a life insurance company authorized to transact business in this state of its appointment of a corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY to act as its agent in this state, the superintendent of insurance shall furnish such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY with an application for agent's license which shall contain such questions as will enable the superintendent to determine that such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY was organized for the purpose of acting as an insurance agent,; that each employee of such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY who will negotiate for, place, or renew policies or agreements of life insurance on behalf of such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY has been issued a life insurance agent's license pursuant to division (A) of this section; that the voting shares of such corporation are beneficially owned by natural persons who are residents of this state; that such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY and such THE life insurance company have executed a written agreement whereby the rights and duties of each are set forth; and that in applying for such THE license it is not the appointee's purpose or intention principally to solicit or place insurance on the lives of the appointee's officers, employees, or shareholders, or the lives of relatives of such officers, employees, or shareholders, or upon the lives of persons for whom they, their relatives, or the appointee is agent, custodian, vendor, bailee, trustee, or payee. Unless it appears that such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY was not organized for such purpose or that each such employee has not been so licensed or that the voting shares of such corporation are not so beneficially owned or that such a written agreement has not been executed, the superintendent shall issue to such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY a license which shall state STATES, in substance, that such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY is a life insurance agent.

(D) If the superintendent of insurance, at any time subsequent to the issuance of a life insurance agent's license to a corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY, finds that such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY has ceased to have as its purpose acting as an insurance agent or that each employee of such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY who negotiates for, places, or renews policies or agreements of life insurance on behalf of such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY has not been issued a life insurance agent's license or that the voting shares of such corporation are not beneficially owned by natural persons who are residents of this state or that the principal use of such THE license has been to solicit, place, or effect insurance on the lives of the appointee's officers, employees, or shareholders, or on the lives of the relatives of such officers, employees, or shareholders, or upon the lives of persons for whom they, or their relatives, or the appointee is agent, custodian, vendor, bailee, trustee, or payee, or for any other cause shown he, THE SUPERINTENDENT may after hearing revoke the life insurance agent's license issued to such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY or suspend such THE license until such condition as he THE SUPERINTENDENT finds existing ceases to exist. The finding of the superintendent, either in refusing to grant a license or in revoking a license, shall be in writing, and shall state the facts upon which his THE action is based. The action of the superintendent in granting, revoking, continuing, or refusing to grant, revoke, or continue such THE license, shall be subject to review in accordance with Chapter 119. of the Revised Code.

(E) Unless THE AGENT'S LICENSE IS revoked OR SUSPENDED by the superintendent OF INSURANCE, or unless the company by written notice to the superintendent cancels the agent's authority to act for it, a life insurance agent's license, and any other license issued to an agent APPOINTMENT may, in the discretion of the superintendent and at the request of the company and payment of the required fee, be continued past the thirtieth day of June next after its issue and after the thirtieth day of June in each succeeding year. Except as provided in section 3905.011 3905.012 of the Revised Code, all domestic, foreign, and alien companies shall pay a fee of twenty dollars for every such license APPOINTMENT and for each continuance thereafter. While such license AN APPOINTMENT remains in force, a foreign company shall be bound by the acts of the person named therein IN THE APPOINTMENT, within his THE PERSON'S APPARENT authority as its acknowledged agent.

(F) The superintendent OF INSURANCE may prescribe the forms to be used as evidence of the issuance of licenses AND APPOINTMENTS under this section and may issue one or more certificates, in a form suitable for office display, to cover any number of insurance companies with which an agent is licensed HAS APPOINTMENTS.

(G)(1) THE SUPERINTENDENT OF INSURANCE SHALL NOT ISSUE OR CONTINUE THE LICENSE OF A CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THIS OR ANY OTHER STATE UNLESS THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY IS QUALIFIED TO DO BUSINESS IN THIS STATE UNDER THE APPLICABLE PROVISIONS OF TITLE XVII OF THE REVISED CODE.

(2) THE FAILURE OF A CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY TO BE IN GOOD STANDING WITH THE SECRETARY OF STATE OR TO MAINTAIN A VALID APPOINTMENT OF STATUTORY AGENT IS GROUNDS FOR SUSPENSION OR REVOCATION OF ITS LICENSE.

(3) BY APPLYING FOR A LICENSE AS AN AGENT UNDER THIS SECTION, AN INDIVIDUAL, CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY CONSENTS TO THE JURISDICTION OF THE COURTS OF THIS STATE.

Sec. 3905.20. (A) Any person licensed as a life insurance agent for a life insurance company authorized to deliver or issue for delivery in this state SHALL, UPON SATISFACTORY COMPLETION OF AN EXAMINATION AS TO THE PERSON'S KNOWLEDGE OF policies, annuities, or AND other contracts providing variable or fixed and variable benefits or contractual payments ISSUED BY LIFE INSURANCE COMPANIES pursuant to section 3911.011 of the Revised Code shall, upon written application of such company, satisfactory completion of an examination as to his knowledge of such policies, annuities, and contracts and the nature thereof, payment of the required fee, and compliance with the pre-licensing PRELICENSING educational requirements of section 3905.48 of the Revised Code, be licensed by the superintendent of insurance as a variable contract agent.

(B) The superintendent may suspend or revoke such a license as provided in section 3905.482 of the Revised Code, and may suspend, revoke, refuse to continue or renew, or refuse to issue such a license as provided in section 3905.49 of the Revised Code. Revocation of such THE person's license as a life insurance agent or failure to renew such license is cause for revoking such THE person's license as a variable contract agent. Every such UNLESS REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR SURRENDERED BY THE AGENT, A VARIABLE CONTRACT AGENT'S LICENSE CONTINUES IN FORCE FOR THE LIFE OF THE AGENT.

EACH LIFE insurance company shall, upon termination of the employment APPOINTMENT of any such person as a variable contract agent, forthwith file with the superintendent a statement of the termination of such employment THE APPOINTMENT.

(C) Any corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY licensed as a life insurance agent for AND APPOINTED BY a life insurance company authorized to deliver or issue for delivery in this state policies, annuities, or other contracts providing variable or fixed and variable benefits or contractual payments pursuant to section 3911.011 of the Revised Code, may, upon written application of such company and upon a proper showing that all of such THE corporation's, PARTNERSHIP'S, OR LIMITED LIABILITY COMPANY'S employees who will negotiate for, place, or renew any such policies, annuities, or contracts on behalf of such THE corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY have been issued licenses as variable contract agents pursuant to division (A) of this section, be licensed by the superintendent of insurance as a variable contract agent.

(D) The superintendent of insurance may, for cause shown and after hearing, revoke the variable contract agent's license issued to such corporation, PARTNERSHIP, OR LIMITED LIABILITY COMPANY, or suspend such THE license until such condition as he THE SUPERINTENDENT finds existing ceases to exist. The revocation or suspension of such THE corporation's, PARTNERSHIP'S, OR LIMITED LIABILITY COMPANY'S license as a life insurance agent or failure to renew such license shall be cause for revoking or suspending, as the case may be, such THE corporation's, PARTNERSHIP'S, OR LIMITED LIABILITY COMPANY'S license as a variable contract agent. The finding of the superintendent, either in refusing to grant a license or in revoking a license, shall be in writing and state the facts upon which his THE SUPERINTENDENT'S action is based. The action of the superintendent in granting, revoking, continuing, or refusing to grant, revoke, or continue such license, shall be subject to review in accordance with Chapter 119. of the Revised Code.

(E) Unless revoked or suspended by the superintendent OR SURRENDERED BY THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY, or unless the company by written notice to the superintendent cancels the agent's authority to act for it, a variable contract agent's license, and any other license issued to an agent may, in the discretion of the superintendent and at the request of the company and payment of the required fee, beCONTINUES IN FORCE UNTIL THE CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY CEASES TO EXIST.

(F) EACH LIFE INSURANCE COMPANY SHALL CERTIFY TO THE SUPERINTENDENT BEFORE THE THIRTIETH DAY OF JUNE EACH YEAR THE NAMES AND ADDRESSES OF THE VARIABLE CONTRACT AGENTS FOR WHOM IT REQUESTS APPOINTMENTS OR THE CONTINUANCE OF APPOINTMENTS. SUCH AN APPOINTMENT, UNLESS CANCELED BY THE INSURANCE COMPANY, MAY BE continued IN FORCE past the thirtieth day of June next after its issue and after the thirtieth day of June in each succeeding year. Except as provided in section 3905.011 3905.012 of the Revised Code, all domestic, foreign, and alien companies shall pay a fee of twenty dollars for every such license APPOINTMENT WHEN ISSUED and for each continuance thereafter. While such license APPOINTMENT remains in force, a foreign company shall be bound by the acts of the person named therein IN THE APPOINTMENT, within his THE PERSON'S APPARENT authority as its authorized agent.

Sec. 3905.27. The superintendent of insurance may open an account in the name of each insurance company authorized to do business in this state and in the name of any authorized insurance agent, and charge said THE accounts with all fees incurred by such companies or agents in accordance with sections 3905.01, 3905.02, 3905.03, 3905.07, 3905.26, 3919.26, and 3931.03 of the Revised Code, and other statutes imposing fees. The statutory fee for each service requested shall be charged against the proper account forthwith upon the rendition of the service.

Not later than the tenth day of each calendar month the superintendent shall render an itemized statement to each company or agent whose account has been charged during the month next preceding, showing the amount of all fees charged during said THAT month and demanding that payment thereof be made not later than the first day of the month next following.

The failure of any insurance company within said THAT time to pay the amount of such fees in accordance with such THE monthly statement, or, if said THE statement or account is found to be incorrect, in accordance with a corrected monthly statement rendered by the superintendent, is grounds for the revocation of its certificate of authority to do business in this state. In the event of such an order of revocation, the superintendent shall forthwith cause a notice thereof to be published once in at least one newspaper at the seat of the government and also, if a domestic company, once in at least one newspaper published in the county where its home office is located, or, if a foreign or alien company, once in at least one newspaper published in a county of this state where an agency of such THE company is located. After the publication of such THE notice, no agent of such THE company shall procure applications for insurance or issue policies.

In the event of the failure of any agent within the time fixed to pay the amount of fees charged against his THE AGENT'S account in accordance with the monthly statement rendered by the superintendent, such THE agent's license may be revoked in the manner provided by sections 3905.01 3905.02 and 3905.18 of the Revised Code.

Sec. 3905.40. The superintendent of insurance shall issue no A NONRESIDENT license to any person as agent of an insurance company if such person WHO is a resident of a ANOTHER state which, by its laws, prohibits residents of this state from acting as agents of insurance companies in such state; if the superintendent is satisfied that any person holding a license as such agent is a resident of such state, he shall revoke such license OR A PROVINCE OF CANADA, IF THE PERSON DEMONSTRATES COMPLIANCE WITH THE RELEVANT LAWS OF THAT STATE OR PROVINCE AND IF THE LAWS OF THAT STATE OR PROVINCE PROVIDE FOR THE ISSUANCE OF A SIMILAR LICENSE TO AN OHIO RESIDENT WHO DEMONSTRATES COMPLIANCE WITH THE RELEVANT LAWS OF THIS STATE.

Sec. 3905.471. (A) NO INDIVIDUAL, CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, OR ASSOCIATION SHALL ACT AS AN INSURANCE AGENT, OR ADVERTISE OR ASSUME TO ACT AS AN INSURANCE AGENT, WITHOUT FIRST BEING LICENSED IN ACCORDANCE WITH THIS CHAPTER.

(B) WHOEVER VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.

Sec. 3905.481. (A)(1) Except as provided in division (B) of this section, each person who is issued a license as an agent or solicitor on and OR after July 1, 1993, THE EFFECTIVE DATE OF THIS AMENDMENT shall complete in accordance with division (A)(1) of this section at least thirty hours of continuing education instruction offered in a course or program of study approved by the superintendent of insurance in consultation with the insurance agent education advisory council. The person shall complete the initial thirty hours of continuing education instruction during a period not to exceed twenty-four months commencing on the first day of January of PERSON'S BIRTHDAY IN the year immediately following the year of the issuance of the license and ending on the thirty-first day of December of PERSON'S BIRTHDAY IN the second THIRD year following the year of the issuance of the license. Thereafter, the person shall complete at least thirty hours of continuing education instruction in every subsequent twenty-four-month period commencing on the first day of January and ending on the thirty-first day of December of the following year.

(2) Except as provided in division (B) of this section, each person who, on July 1, 1993 THE EFFECTIVE DATE OF THIS AMENDMENT, holds a license as an agent or solicitor issued prior to that date shall complete, no later than December 31, 1995, at least thirty hours of continuing education instruction offered in a course or program of study approved by the superintendent in consultation with the council, AS FOLLOWS:

(a) IF THE PERSON HAS BEEN LICENSED CONTINUOUSLY SINCE AT LEAST DECEMBER 31, 1993, THIRTY HOURS OF CONTINUING EDUCATION BETWEEN JANUARY 1, 1996, AND THE PERSON'S BIRTHDAY IN 1998;

(b) IF THE PERSON WAS FIRST LICENSED IN 1994 OR 1996 AND HAS BEEN LICENSED CONTINUOUSLY SINCE THEN, THIRTY HOURS OF CONTINUING EDUCATION BETWEEN JANUARY 1, 1997, AND THE PERSON'S BIRTHDAY IN 1999;

(c) IF THE PERSON WAS FIRST LICENSED IN 1995 AND HAS BEEN CONTINUOUSLY LICENSED SINCE THEN, THIRTY HOURS OF CONTINUING EDUCATION BETWEEN JANUARY 1, 1998, AND THE PERSON'S BIRTHDAY IN 2000. Thereafter

THEREAFTER, the person shall complete at least thirty hours of such continuing education instruction in every subsequent twenty-four-month period commencing on the first day of January of every even-numbered year and ending on the thirty-first day of December of every odd-numbered year PERSON'S BIRTHDAY.

(B) Division (A) of this section does not apply to any person or class of persons, as determined by the superintendent in consultation with the council.

(C) A person may comply with division (A) of this section by demonstrating to the council that the person has completed the minimum number of hours required by that division in a substantially similar course or program of study offered in another state.

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

(1) "INSURER" HAS THE SAME MEANING AS IN SECTION 3901.32 OF THE REVISED CODE.

(2) "REFUSAL TO ISSUE OR RENEW" MEANS THE DECISION OF THE SUPERINTENDENT OF INSURANCE NOT TO PROCESS EITHER THE INITIAL APPLICATION FOR A LICENSE OR APPOINTMENT AS AN AGENT OR SOLICITOR, OR THE RENEWAL OF SUCH A LICENSE OR APPOINTMENT.

(3) "REVOCATION" MEANS THE PERMANENT TERMINATION OF ALL AUTHORITY TO HOLD ANY LICENSE OR APPOINTMENT AS AGENT OR SOLICITOR IN THIS STATE.

(4) "SURRENDER FOR CAUSE" MEANS THE VOLUNTARY TERMINATION OF ALL AUTHORITY TO HOLD ANY LICENSE OR APPOINTMENT AS AGENT OR SOLICITOR IN THIS STATE, IN LIEU OF A REVOCATION OR SUSPENSION ORDER.

(5) "SUSPENSION" MEANS THE TERMINATION OF ALL AUTHORITY TO HOLD ANY LICENSE OR APPOINTMENT AS AGENT OR SOLICITOR IN THIS STATE, FOR EITHER A SPECIFIED PERIOD OF TIME OR AN INDEFINITE PERIOD OF TIME AND UNDER ANY TERMS OR CONDITIONS DETERMINED BY THE SUPERINTENDENT.

(B) The superintendent of insurance may suspend, revoke, refuse to continue or renew, or refuse to issue OR RENEW any license as an agent, SURPLUS LINE BROKER, or solicitor LIMITED INSURANCE REPRESENTATIVE, OR IMPOSE ANY OTHER SANCTION AUTHORIZED under this chapter, if the superintendent finds any FOR one or more of the following REASONS:

(1) The person has made a false OBTAINING OR ATTEMPTING TO OBTAIN ANY LICENSE OR APPOINTMENT THROUGH MISREPRESENTATION OR FRAUD, INCLUDING MAKING ANY MATERIALLY UNTRUE statement with respect to a material matter in the license AN application FOR A LICENSE OR APPOINTMENT;

(2) Any cause for which issuance of the license could have been refused had it existed and been known to the superintendent at the time of issuance;

(3) The person has violated VIOLATING or failed FAILING to comply with any insurance law or any lawful, rule, SUBPOENA, CONSENT AGREEMENT, or order of the superintendent or the commissioner of insurance of another state;

(4) The person has obtained or attempted to obtain any such license through mispresentation or fraud;

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

(3) MISAPPROPRIATING or converted CONVERTING to the person's own use any moneys belonging to policyholders, insurers PROSPECTIVE POLICYHOLDERS, beneficiaries, INSURANCE COMPANIES, or others received in the course of the person's insurance business;

(4) FAILING TO TIMELY SUBMIT AN APPLICATION FOR INSURANCE. FOR PURPOSES OF DIVISION (B)(4) OF THIS SECTION, A SUBMISSION IS CONSIDERED TIMELY IF IT OCCURS WITHIN THE TIME PERIOD EXPRESSLY PROVIDED FOR BY THE INSURER, OR WITHIN SEVEN DAYS AFTER THE AGENT ACCEPTS A PREMIUM OR AN ORDER TO BIND FROM A POLICYHOLDER OR APPLICANT, WHICHEVER IS LATER.

(6) The person has knowingly misrepresented (5) KNOWINGLY MISREPRESENTING the terms, BENEFITS, VALUE, COST, OR EFFECTIVE DATES of any actual or proposed insurance policy or contract;

(7) The person has been (6) BEING convicted of a felony. If a person has been convicted of a felony based on evidence of acts or omissions related to the insurance business, the superintendent shall revoke any license issued to such person for a period of not less than two years. If the person did not hold a license at the time of the conviction, no license shall be issued to the person for a period of two years after the date of the conviction.;

(8) The person is guilty of (7) BEING CONVICTED OF A MISDEMEANOR THAT INVOLVES THE MISUSE OR THEFT OF MONEY OR PROPERTY BELONGING TO ANOTHER, FRAUD, FORGERY, DISHONEST ACTS, OR BREACH OF A FIDUCIARY DUTY, OR THAT IS BASED ON ANY ACT OR OMISSION RELATING TO THE BUSINESS OF INSURANCE, SECURITIES, OR FINANCIAL SERVICES;

(9)(8) COMMITTING an unfair or deceptive trade act practice or fraud under any section of Title XXXIX of the Revised Code OR ANY RULE ADOPTED THEREUNDER;

(9) In the conduct of the person's affairs under a license, the person has used fraudulent, coercive, or dishonest practices, or is incompetent, untrustworthy, or financially irresponsible;

(10) The person's HAVING AN INSURANCE license has been suspended or revoked in any other state, province, district, or territory;

(11) The person has forged (10) FORGING OR CAUSING THE FORGERY OF another's name to ANY DOCUMENT RELATED TO OR USED IN an application for insurance TRANSACTION;

(12) The person has cheated (11) POSSESSING OR USING ANY UNAUTHORIZED MATERIALS DURING A LICENSING OR CONTINUING EDUCATION EXAMINATION OR CHEATING on an A LICENSING OR CONTINUING EDUCATION examination for an insurance license

(B) The license of a partnership or corporation may be suspended, revoked, or refused if the superintendent finds, after notice and hearing under Chapter 119. of the Revised Code, that an individual licensee's violation was known or should have been known by one or more of the partners, officers, directors, or managers acting on behalf of the partnership or corporation and such violation was not reported to the department of insurance or corrective action taken in relation to the violation;

(12) FAILING TO DISCLOSE TO AN APPLICANT FOR INSURANCE OR POLICYHOLDER UPON ACCEPTING A PREMIUM OR AN ORDER TO BIND COVERAGE FROM THE APPLICANT OR POLICYHOLDER, THAT THE PERSON HAS NOT BEEN APPOINTED AS AGENT BY THE INSURER AND IS NOT AN APPOINTED SOLICITOR OF AN APPOINTED AGENT;

(13) HAVING ANY PROFESSIONAL LICENSE SUSPENDED OR REVOKED AS A RESULT OF A MISHANDLING OF FUNDS OR BREACH OF FIDUCIARY RESPONSIBILITIES;

(14) CAUSING OR PERMITTING A POLICYHOLDER OR APPLICANT FOR INSURANCE TO DESIGNATE THE PERSON OR THE PERSON'S SPOUSE, PARENT, CHILD, OR SIBLING AS THE BENEFICIARY OF A POLICY OR ANNUITY SOLD BY THE PERSON, UNLESS THE PERSON OR A RELATIVE OF THE PERSON IS THE INSURED OR APPLICANT;

(15) FAILING TO PROVIDE A WRITTEN RESPONSE TO THE DEPARTMENT OF INSURANCE WITHIN THIRTY DAYS AFTER RECEIPT OF ANY WRITTEN INQUIRY FROM THE DEPARTMENT;

(16) FAILING TO PROVIDE THE DEPARTMENT WITH WRITTEN NOTICE OF ANY CHANGE IN THE PERSON'S RESIDENTIAL OR BUSINESS ADDRESS WITHIN THIRTY DAYS AFTER THE CHANGE OCCURS;

(17) TRANSFERRING OR PLACING INSURANCE WITH AN INSURER OTHER THAN THE INSURER EXPRESSLY CHOSEN BY THE APPLICANT FOR INSURANCE OR POLICYHOLDER WITHOUT THE PRIOR CONSENT OF THE APPLICANT OR POLICYHOLDER OR ABSENT EXTENUATING CIRCUMSTANCES;

(18) ENGAGING IN ANY FRAUDULENT COERCIVE PRACTICE IN CONNECTION WITH THE BUSINESS OF INSURANCE;

(19) FAILING TO INFORM A POLICYHOLDER OR APPLICANT FOR INSURANCE OF THE IDENTITY OF THE INSURER OR INSURERS, OR THE IDENTITY OF ANY OTHER INSURANCE AGENCY, GENERAL AGENT, SURPLUS LINE BROKER, OR LICENSEE KNOWN TO BE INVOLVED IN PROCURING, PLACING, OR CONTINUING THE INSURANCE FOR THE POLICYHOLDER OR APPLICANT, UPON THE BINDING OF THE COVERAGE;

(20) IN THE CASE OF AN AGENT THAT IS A CORPORATION, LIMITED LIABILITY COMPANY, OR PARTNERSHIP, FAILING TO REPORT AN INDIVIDUAL LICENSEE'S VIOLATION TO THE DEPARTMENT WHEN THE VIOLATION WAS KNOWN OR SHOULD HAVE BEEN KNOWN BY ONE OR MORE OF THE PARTNERS, OFFICERS, MANAGERS, OR MEMBERS OF THE CORPORATION, LIMITED LIABILITY COMPANY, OR PARTNERSHIP;

(21) SUBMITTING OR USING A DOCUMENT IN THE CONDUCT OF THE BUSINESS OF INSURANCE WHEN THE PERSON KNEW OR SHOULD HAVE KNOWN THAT THE DOCUMENT CONTAINED THE FORGED SIGNATURE OF ANOTHER PERSON;

(22) MISREPRESENTING THE PERSON'S QUALIFICATIONS OR USING IN ANY WAY A PROFESSIONAL DESIGNATION THAT HAS NOT BEEN CONFERRED UPON THE PERSON BY THE APPROPRIATE ACCREDITING ORGANIZATION;

(23) OBTAINING A PREMIUM LOAN OR CAUSING A PREMIUM LOAN TO BE MADE TO OR IN THE NAME OF AN INSURED WITHOUT THAT PERSON'S KNOWLEDGE AND WRITTEN AUTHORIZATION;

(24) FAILING TO NOTIFY THE SUPERINTENDENT OF ANY DISCIPLINARY ACTION TAKEN BY THE INSURANCE AUTHORITY OF ANOTHER STATE WITHIN SIXTY DAYS AFTER THE ACTION WAS TAKEN;

(25) FAILING TO FILE ANY OF THE REPORTS OR NOTICES REQUIRED UNDER THIS CHAPTER;

(26) SUBMITTING AN APPLICATION FOR INSURANCE, OR CAUSING THE ISSUANCE OF AN INSURANCE POLICY OR CONTRACT, ON BEHALF OF AN APPLICANT WHO DID NOT REQUEST OR AUTHORIZE THE INSURANCE. DIVISION (B)(26) OF THIS SECTION DOES NOT APPLY TO ANY POLICY ISSUED BY AN OTHER THAN LIFE INSURANCE COMPANY.

(27) USING PAPER, SOFTWARE, OR ANY OTHER MATERIALS OF OR PROVIDED BY AN INSURER AFTER THE INSURER HAS TERMINATED THE AUTHORITY OF THE LICENSEE, IF THE USE OF SUCH MATERIALS WOULD CAUSE A REASONABLE PERSON TO BELIEVE THAT THE LICENSEE WAS ACTING ON BEHALF OF OR OTHERWISE REPRESENTING THE INSURER;

(28) PROVIDING MISLEADING, DECEPTIVE, OR UNTRUE INFORMATION TO AN APPLICANT FOR INSURANCE OR A POLICYHOLDER REGARDING A PARTICULAR INSURANCE AGENT, COMPANY, OR PRODUCT;

(29) SOLICITING, PROCURING AN APPLICATION FOR, OR PLACING, EITHER DIRECTLY OR INDIRECTLY, ANY INSURANCE POLICY WHEN THE PERSON IS NOT AUTHORIZED UNDER THIS CHAPTER TO ENGAGE IN SUCH ACTIVITY;

(30) SOLICITING, MARKETING, OR SELLING ANY PRODUCT OR SERVICE THAT OFFERS BENEFITS SIMILAR TO INSURANCE BUT IS NOT REGULATED BY THE SUPERINTENDENT, WITHOUT FULLY DISCLOSING TO THE PROSPECTIVE PURCHASER THAT THE PRODUCT OR SERVICE IS NOT INSURANCE AND IS NOT REGULATED BY THE SUPERINTENDENT;

(31) FAILING TO FULFILL A REFUND OBLIGATION IN A TIMELY MANNER. FOR PURPOSES OF DIVISION (B)(31) OF THIS SECTION, A REBUTTABLE PRESUMPTION EXISTS THAT A REFUND OBLIGATION IS NOT FULFILLED IN A TIMELY MANNER UNLESS IT IS FULFILLED WITHIN ONE OF THE FOLLOWING TIME PERIODS:

(a) THIRTY DAYS AFTER THE DATE THE POLICYHOLDER, APPLICANT, OR INSURER TAKES OR REQUESTS ACTION RESULTING IN A REFUND;

(b) THIRTY DAYS AFTER THE DATE OF THE INSURER'S REFUND CHECK, IF THE AGENT IS EXPECTED TO ISSUE A PORTION OF THE TOTAL REFUND;

(c) FORTY-FIVE DAYS AFTER THE DATE OF THE AGENT'S STATEMENT OF ACCOUNT ON WHICH THE REFUND FIRST APPEARS.

(C) Before denying, revoking, suspending, or refusing to continue or renew ISSUE any license or imposing any penalty under this section OR SECTION 3905.482 of the Revised Code, the superintendent shall provide THE LICENSEE OR APPLICANT WITH notice and an opportunity for hearing, under AS PROVIDED IN Chapter 119. of the Revised Code, to the licensee or applicant and any insurer represented by the licensee or applicant EXCEPT AS FOLLOWS:

(1)(a) ANY NOTICE OF OPPORTUNITY FOR HEARING, THE HEARING OFFICER'S FINDINGS AND RECOMMENDATIONS, OR THE SUPERINTENDENT'S ORDER SHALL BE SERVED BY CERTIFIED MAIL AT THE LAST KNOWN ADDRESS OF THE LICENSEE OR APPLICANT. SERVICE SHALL BE EVIDENCED BY RETURN RECEIPT SIGNED BY ANY PERSON.

FOR PURPOSES OF THIS SECTION, THE "LAST KNOWN ADDRESS" IS THE ADDRESS THAT APPEARS IN THE LICENSING RECORDS OF THE DEPARTMENT OF INSURANCE.

(b) IF THE CERTIFIED MAIL ENVELOPE IS RETURNED WITH AN ENDORSEMENT SHOWING THAT SERVICE WAS REFUSED, OR THAT THE ENVELOPE WAS UNCLAIMED, THE NOTICE AND ALL SUBSEQUENT NOTICES REQUIRED BY CHAPTER 119. of the Revised Code MAY BE SERVED BY ORDINARY MAIL TO THE LAST KNOWN ADDRESS OF THE LICENSEE OR APPLICANT. THE MAILING SHALL BE EVIDENCED BY A CERTIFICATE OF MAILING. SERVICE IS DEEMED COMPLETE AS OF THE DATE OF SUCH CERTIFICATE PROVIDED THAT THE ORDINARY MAIL ENVELOPE IS NOT RETURNED BY THE POSTAL AUTHORITIES WITH AN ENDORSEMENT SHOWING FAILURE OF DELIVERY. THE TIME PERIOD IN WHICH TO REQUEST A HEARING, AS PROVIDED IN CHAPTER 119. OF THE REVISED CODE, BEGINS TO RUN ON THE DATE OF MAILING.

(c) IF SERVICE BY ORDINARY MAIL FAILS, THE SUPERINTENDENT MAY CAUSE A SUMMARY OF THE SUBSTANTIVE PROVISIONS OF THE NOTICE TO BE PUBLISHED ONCE A WEEK FOR THREE CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY WHERE THE LAST KNOWN PLACE OF RESIDENCE OR BUSINESS OF THE PARTY IS LOCATED. THE NOTICE IS CONSIDERED SERVED ON THE DATE OF THE THIRD PUBLICATION.

(d) ANY NOTICE REQUIRED TO BE SERVED UNDER CHAPTER 119. OF THE REVISED CODE SHALL ALSO BE SERVED UPON THE PARTY'S ATTORNEY BY ORDINARY MAIL IF THE ATTORNEY HAS ENTERED AN APPEARANCE IN THE MATTER.

(e) THE SUPERINTENDENT MAY, AT ANY TIME, PERFECT SERVICE ON A PARTY BY PERSONAL DELIVERY OF THE NOTICE BY AN EMPLOYEE OF THE DEPARTMENT.

(f) NOTICES REGARDING THE SCHEDULING OF HEARINGS AND ALL OTHER MATTERS NOT DESCRIBED IN DIVISION (C)(1)(a)OF THIS SECTION SHALL BE SENT BY ORDINARY MAIL TO THE PARTY AND TO THE PARTY'S ATTORNEY.

(2) ANY SUBPOENA FOR THE APPEARANCE OF A WITNESS OR THE PRODUCTION OF DOCUMENTS OR OTHER EVIDENCE AT A HEARING, OR FOR THE PURPOSE OF TAKING TESTIMONY FOR USE AT A HEARING, SHALL BE SERVED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, BY AN ATTORNEY OR BY AN EMPLOYEE OF THE DEPARTMENT DESIGNATED BY THE SUPERINTENDENT. SUCH SUBPOENAS SHALL BE ENFORCED IN THE MANNER PROVIDED IN SECTION 119.09 OF THE REVISED CODE. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING THE SUPERINTENDENT'S OTHER STATUTORY POWERS TO ISSUE SUBPOENAS.

(D) The IF THE superintendent DETERMINES THAT A VIOLATION DESCRIBED IN THIS SECTION HAS OCCURRED, THE SUPERINTENDENT may modify any order under this section and restore a license of or issue a license to a person if the superintendent finds, after notice and opportunity for hearing provided to affected parties, that the person can demonstrate all DO ANY of the following:

(1) The person has made restitution for all pecuniary losses caused by his ASSESS A CIVIL FORFEITURE IN AN AMOUNT NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS PER violation;

(2) The person's character and reputation have been rehabilitated so that the person possesses the personal qualifications required for the initial issuance of a license; ASSESS ADMINISTRATIVE COSTS TO COVER THE EXPENSES INCURRED BY THE DEPARTMENT IN THE ADMINISTRATIVE ACTION, INCLUDING COSTS INCURRED IN THE INVESTIGATION AND HEARING PROCESSES. ANY COSTS COLLECTED SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE DEPARTMENT OF INSURANCE OPERATING FUND CREATED IN SECTION 3901.021 OF THE REVISED CODE.

(3) If the order was an order of revocation based on a conviction for felony based on evidence of acts or omissions related to the insurance business, that two years have elapsed since the effective date of the order, or if the order was an order denying a license because of such a conviction, that two years have elapsed since the date of the conviction SUSPEND ALL OF THE PERSON'S LICENSES FOR ALL LINES OF INSURANCE FOR EITHER A SPECIFIED PERIOD OF TIME OR AN INDEFINITE PERIOD OF TIME AND UNDER SUCH TERMS AND CONDITIONS AS THE SUPERINTENDENT MAY DETERMINE;

(4) If required by the superintendent, the person passes the examination required for an initial issuance of the license PERMANENTLY REVOKE ALL OF THE PERSON'S LICENSES FOR ALL LINES OF INSURANCE;

(5) REFUSE TO ISSUE A LICENSE;

(6) REFUSE TO RENEW A LICENSE;

(7) PROHIBIT THE PERSON FROM BEING EMPLOYED IN ANY CAPACITY IN THE BUSINESS OF INSURANCE AND FROM HAVING ANY FINANCIAL INTEREST IN ANY INSURANCE AGENCY, COMPANY, OR THIRD-PARTY ADMINISTRATOR IN THIS STATE. THE SUPERINTENDENT MAY, IN THE SUPERINTENDENT'S DISCRETION, DETERMINE THE NATURE, CONDITIONS, AND DURATION OF SUCH RESTRICTIONS.

(8) ORDER CORRECTIVE ACTIONS IN LIEU OF OR IN ADDITION TO THE OTHER PENALTIES LISTED IN DIVISION (D) OF THIS SECTION. SUCH AN ORDER MAY PROVIDE FOR THE SUSPENSION OF CIVIL FORFEITURES, LICENSE REVOCATION, LICENSE SUSPENSION, OR REFUSAL TO ISSUE OR RENEW A LICENSE IF THE LICENSEE COMPLIES WITH THE TERMS AND CONDITIONS OF THE CORRECTIVE ACTION ORDER.

(9) ACCEPT A SURRENDER FOR CAUSE OFFERED BY THE LICENSEE, WHICH SHALL BE FOR AT LEAST FIVE YEARS AND SHALL PROHIBIT THE LICENSEE FROM SEEKING ANY LICENSE AUTHORIZED UNDER THIS CHAPTER DURING THAT TIME PERIOD. A SURRENDER FOR CAUSE MAY ALSO INCLUDE A CORRECTIVE ACTION ORDER AS PROVIDED IN DIVISION (D)(8) OF THIS SECTION.

(E) The superintendent shall MAY consider the following standards FACTORS in denying a license, imposing suspensions, revocations, FINES, or refusals of continuations or renewals of licenses OTHER PENALTIES, AND ISSUING ORDERS UNDER THIS SECTION:

(1) Whether the person acted in good faith and without knowledge of his violation and;

(2) WHETHER THE PERSON makes restitution for any pecuniary losses suffered by other persons as a result of his THE PERSON'S actions. In such cases, the maximum suspension shall be ninety days.

(2) Whether, within the meanings defined in section 2901.22 of the Revised Code, the person acted purposely, knowingly, recklessly, or negligently;

(3) Whether the amount of money or the nature of the property involved in the violation would, if it were the subject of a criminal offense, make a theft offense a misdemeanor or a felony THE ACTUAL HARM OR POTENTIAL FOR HARM TO OTHERS;

(4) The degree of trust placed in the person by, and the incompetency, inexperience, or susceptibility to undue influence or duress VULNERABILITY of, any other person involved PERSONS WHO WERE OR COULD HAVE BEEN ADVERSELY AFFECTED BY THE PERSON'S ACTIONS;

(5) The effect of the violation upon the perception by insureds and insurance customers of the ethics and integrity of the insurance industry WHETHER THE PERSON WAS THE SUBJECT OF ANY PREVIOUS ADMINISTRATIVE ACTIONS BY THE SUPERINTENDENT;

(6) The extent to which NUMBER OF INDIVIDUALS ADVERSELY AFFECTED BY the person's conduct departed from the customary and usual ethical standards of persons engaged in the insurance business ACTS OR OMISSIONS;

(7) WHETHER THE PERSON VOLUNTARILY REPORTED THE VIOLATION, AND THE EXTENT OF THE PERSON'S COOPERATION AND ACCEPTANCE OF RESPONSIBILITY;

(8) WHETHER THE PERSON OBSTRUCTED OR IMPEDED, OR ATTEMPTED TO OBSTRUCT OR IMPEDE, THE SUPERINTENDENT'S INVESTIGATION;

(9) THE PERSON'S EFFORTS TO CONCEAL THE MISCONDUCT;

(10) REMEDIAL EFFORTS TO PREVENT FUTURE VIOLATIONS;

(11) IF THE PERSON WAS CONVICTED OF A CRIMINAL OFFENSE, THE NATURE OF THE OFFENSE, WHETHER THE CONVICTION WAS BASED ON ACTS OR OMISSIONS TAKEN UNDER ANY PROFESSIONAL LICENSE, WHETHER THE OFFENSE INVOLVED THE BREACH OF A FIDUCIARY DUTY, THE AMOUNT OF TIME THAT HAS PASSED, AND THE PERSON'S ACTIVITIES SUBSEQUENT TO THE CONVICTION;

(12) Such other factors as the superintendent determines to be appropriate under the circumstances.

(F)(1) A VIOLATION DESCRIBED IN DIVISION (B)(1), (2), (3), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (17), (18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29), (30), OR (31) OF THIS SECTION IS A CLASS A OFFENSE FOR WHICH THE SUPERINTENDENT MAY IMPOSE ANY PENALTY SET FORTH IN DIVISION (D) OF THIS SECTION.

(2) A VIOLATION DESCRIBED IN DIVISION (B)(4), (15), (16), OR (24) OF THIS SECTION IS A CLASS B OFFENSE FOR WHICH THE SUPERINTENDENT MAY IMPOSE ANY PENALTY SET FORTH IN DIVISION (D)(1), (2), (8), OR (9) OF THIS SECTION.

(G) IF A VIOLATION DESCRIBED IN THIS SECTION HAS CAUSED, IS CAUSING, OR IS ABOUT TO CAUSE SUBSTANTIAL AND MATERIAL HARM, THE SUPERINTENDENT MAY ISSUE AN ORDER REQUIRING THAT PERSON TO CEASE AND DESIST FROM ENGAGING IN THE VIOLATION. NOTICE OF THE ORDER SHALL BE MAILED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR SERVED IN ANY OTHER MANNER PROVIDED FOR IN THIS SECTION, IMMEDIATELY AFTER ITS ISSUANCE TO THE PERSON SUBJECT TO THE ORDER AND TO ALL PERSONS KNOWN TO BE INVOLVED IN THE VIOLATION. THE SUPERINTENDENT MAY THEREAFTER PUBLICIZE OR OTHERWISE MAKE KNOWN TO ALL INTERESTED PARTIES THAT THE ORDER HAS BEEN ISSUED.

THE NOTICE SHALL SPECIFY THE PARTICULAR ACT, OMISSION, PRACTICE, OR TRANSACTION THAT IS SUBJECT TO THE CEASE-AND-DESIST ORDER AND SHALL SET A DATE, NOT MORE THAN FIFTEEN DAYS AFTER THE DATE OF THE ORDER, FOR A HEARING ON THE CONTINUATION OR REVOCATION OF THE ORDER. THE PERSON SHALL COMPLY WITH THE ORDER IMMEDIATELY UPON RECEIPT OF NOTICE OF THE ORDER.

THE SUPERINTENDENT MAY, UPON THE APPLICATION OF A PARTY AND FOR GOOD CAUSE SHOWN, CONTINUE THE HEARING. CHAPTER 119. OF THE REVISED CODE APPLIES TO SUCH HEARINGS TO THE EXTENT THAT THAT CHAPTER DOES NOT CONFLICT WITH THE PROCEDURES SET FORTH IN THIS SECTION. THE SUPERINTENDENT SHALL, WITHIN FIFTEEN DAYS AFTER OBJECTIONS ARE SUBMITTED TO THE HEARING OFFICER'S REPORT AND RECOMMENDATION, ISSUE A FINAL ORDER EITHER CONFIRMING OR REVOKING THE CEASE-AND-DESIST ORDER. THE FINAL ORDER MAY BE APPEALED AS PROVIDED UNDER SECTION 119.12 OF THE REVISED CODE.

THE REMEDY UNDER THIS DIVISION IS CUMULATIVE AND CONCURRENT WITH THE OTHER REMEDIES AVAILABLE UNDER THIS SECTION, AND MAY BE ENFORCED BY THE ATTORNEY GENERAL AT THE REQUEST OF THE SUPERINTENDENT AS PROVIDED IN DIVISION (H) OF THIS SECTION.

(H) IF THE SUPERINTENDENT HAS REASONABLE CAUSE TO BELIEVE THAT AN ORDER ISSUED UNDER THIS SECTION HAS BEEN VIOLATED IN WHOLE OR IN PART, THE SUPERINTENDENT MAY REQUEST THE ATTORNEY GENERAL TO COMMENCE AND PROSECUTE ANY APPROPRIATE ACTION OR PROCEEDING IN THE NAME OF THE STATE AGAINST SUCH PERSON.

THE COURT MAY, IN AN ACTION BROUGHT PURSUANT TO THIS DIVISION, IMPOSE ANY OF THE FOLLOWING:

(1) FOR EACH VIOLATION, A CIVIL PENALTY OF NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS;

(2) INJUNCTIVE RELIEF;

(3) RESTITUTION;

(4) ANY OTHER APPROPRIATE RELIEF.

(I) THIS SECTION APPLIES TO BOTH RESIDENT AND NONRESIDENT AGENTS WHO ARE LICENSED UNDER THIS CHAPTER.

(J) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE OR IMPLY A PRIVATE CAUSE OF ACTION AGAINST AN AGENT, SOLICITOR, OR INSURER.

Sec. 3905.491. (A) UPON WRITTEN APPLICATION OF A PERSON WHOSE LICENSE WAS SUSPENDED, REVOKED, OR SURRENDERED FOR CAUSE UNDER SECTION 3905.49 OF THE REVISED CODE, THE SUPERINTENDENT OF INSURANCE SHALL HOLD A HEARING TO DETERMINE WHETHER THE ADMINISTRATIVE ACTION IMPOSING SUCH SUSPENSION, REVOCATION, OR SURRENDER SHOULD BE MODIFIED, PROVIDED THAT ALL OF THE FOLLOWING CONDITIONS ARE MET:

(1) AT LEAST FIVE YEARS HAVE ELAPSED SINCE THE DATE OF THE ADMINISTRATIVE ACTION SOUGHT TO BE MODIFIED;

(2) AT LEAST TWO YEARS HAVE ELAPSED SINCE ANY PREVIOUS REQUEST FOR A MODIFICATION WAS MADE UNDER THIS SECTION;

(3) THE BURDEN OF PROOF IS ON THE PERSON REQUESTING THE MODIFICATION.

(B) THE MODIFICATION OF AN ORDER ISSUED OR CONSENT AGREEMENT ENTERED INTO UNDER SECTION 3905.49 OF THE REVISED CODE IS AT THE DISCRETION OF THE SUPERINTENDENT. THE SUPERINTENDENT MAY MODIFY SUCH AN ORDER OR AGREEMENT IF THE SUPERINTENDENT FINDS ALL OF THE FOLLOWING:

(1) AT LEAST FIVE YEARS HAVE ELAPSED SINCE THE DATE OF THE ADMINISTRATIVE ACTION;

(2) THE PERSON IS OF GOOD BUSINESS REPUTE AND IS SUITABLE TO BE AN INSURANCE AGENT;

(3) THE PERSON HAS MADE RESTITUTION FOR ALL PECUNIARY LOSSES SUFFERED BY ANY PERSON AS A RESULT OF THE CONDUCT THAT GAVE RISE TO THE ADMINISTRATIVE ACTION;

(4) THE PERSON HAS NOT BEEN CONVICTED OF ANY FELONY OR OF ANY MISDEMEANOR DESCRIBED IN DIVISION (B)(7) OF SECTION 3905.49 OF THE REVISED CODE UNLESS THE CONVICTION WAS THE SUBJECT OF A PREVIOUS ADMINISTRATIVE ACTION BY THE SUPERINTENDENT;

(5) THE CIRCUMSTANCES SURROUNDING THE PREVIOUS VIOLATION ARE SUCH THAT IT IS UNLIKELY THE PERSON WOULD COMMIT SUCH OFFENSES IN THE FUTURE;

(6) THE PERSON'S CHARACTER HAS BEEN REHABILITATED.

(C) THE ISSUANCE OF ANY LICENSE PURSUANT TO A MODIFICATION UNDER THIS SECTION SHALL BE CONDITIONED UPON THE SUCCESSFUL COMPLETION OF ALL PRELICENSING EDUCATION AND EXAMINATION REQUIREMENTS.

Sec. 3905.492. (A)(1) ALL RECORDS AND OTHER INFORMATION OBTAINED BY THE SUPERINTENDENT OF INSURANCE OR THE SUPERINTENDENT'S DEPUTIES, EXAMINERS, ASSISTANTS, OR OTHER EMPLOYEES, OR AGENTS RELATING TO AN INVESTIGATION OF AN APPLICANT FOR LICENSURE UNDER THIS CHAPTER, OR AN AGENT, SOLICITOR, BROKER, OR OTHER PERSON LICENSED UNDER THIS CHAPTER OR CHAPTER 3951., 3957., OR 3959. of the Revised Code, ARE CONFIDENTIAL AND ARE NOT PUBLIC RECORDS AS DEFINED IN SECTION 149.43 of the Revised Code UNTIL THE APPLICANT OR LICENSEE IS PROVIDED NOTICE AND OPPORTUNITY FOR HEARING PURSUANT TO CHAPTER 119. of the Revised Code WITH RESPECT TO SUCH RECORDS OR INFORMATION. IF NO ADMINISTRATIVE ACTION IS INITIATED WITH RESPECT TO A PARTICULAR MATTER ABOUT WHICH THE SUPERINTENDENT OBTAINED RECORDS OR OTHER INFORMATION AS PART OF AN INVESTIGATION, ALL SUCH RECORDS AND INFORMATION RELATING TO THAT MATTER SHALL REMAIN CONFIDENTIAL FOR THREE YEARS AFTER THE FILE ON THE MATTER IS CLOSED.

(2) DIVISION (A)(1) OF THIS SECTION APPLIES ONLY TO INVESTIGATIONS THAT COULD RESULT IN ADMINISTRATIVE ACTION UNDER TITLE XVII OR XXXIX OR CHAPTER 119. OF THE REVISED CODE.

(B) THE RECORDS AND OTHER INFORMATION DESCRIBED IN DIVISION (A) OF THIS SECTION SHALL REMAIN CONFIDENTIAL FOR ALL PURPOSES EXCEPT WHEN IT IS APPROPRIATE FOR THE SUPERINTENDENT AND THE SUPERINTENDENT'S DEPUTIES, EXAMINERS, ASSISTANTS, OR OTHER EMPLOYEES, OR AGENTS TO TAKE OFFICIAL ACTION REGARDING THE AFFAIRS OF THE APPLICANT OR LICENSEE OR IN CONNECTION WITH ACTUAL OR POTENTIAL CRIMINAL PROCEEDINGS.

(C) EMPLOYEES OR AGENTS OF THE DEPARTMENT OF INSURANCE SHALL NOT BE REQUIRED BY ANY COURT OF THIS STATE TO TESTIFY IN A CIVIL ACTION, IF SUCH TESTIMONY CONCERNS ANY MATTER RELATED TO RECORDS OR ANY OTHER INFORMATION CONSIDERED CONFIDENTIAL UNDER THIS SECTION OF WHICH THEY HAVE KNOWLEDGE.

(D) THIS SECTION DOES NOT APPLY TO ANY COMPLAINT OR ACTION UNDER SECTION 3905.04 of the Revised Code.

Sec. 3905.54. EACH AGENT LICENSED UNDER THIS CHAPTER SHALL NOTIFY THE SUPERINTENDENT OF INSURANCE IN WRITING OF ALL OF THE FOLLOWING, AS APPLICABLE:

(A) ANY CHANGE IN THE AGENT'S RESIDENTIAL OR BUSINESS ADDRESS, WITHIN THIRTY DAYS AFTER THE CHANGE OCCURS;

(B) ANY FELONY CONVICTION, OR ANY MISDEMEANOR CONVICTION DESCRIBED IN DIVISION (B)(7) OF SECTION 3905.49 OF THE REVISED CODE, WITHIN THIRTY DAYS AFTER SENTENCING. THE NOTICE SHALL INCLUDE THE NAME OF THE COURT HAVING JURISDICTION OVER THE MATTER, THE CASE NUMBER, THE OFFENSE CHARGED, THE SENTENCE IMPOSED, AND A COPY OF THE JUDGMENT ENTRY.

(C) ANY DISCIPLINARY ACTION TAKEN BY THE INSURANCE AUTHORITY OF ANOTHER STATE, WITHIN SIXTY DAYS AFTER THE ACTION IS TAKEN.

Sec. 3923.121. (A) As used in this section:

(1) "Association" means a voluntary unincorporated association of insurers formed for the sole purpose of enabling cooperative action to provide sickness and accident insurance in accordance with this section.

(2) "Insurer" means any insurance company authorized to do the business of sickness and accident insurance in this state.

(3) "Insured" means a person covered under a group policy issued pursuant to this section.

(B) Any insurer may join with one or more other insurers, in an association, to offer, sell, and issue to a policyholder selected by the association a policy of group insurance against major financial loss from sickness and accident covering residents of this state who are sixty-five years of age or older and the spouses of such residents. The insurance shall be offered, issued, and administered in the name of the association. Membership in the association shall be open to any insurer and each insurer which participates shall be liable for a specified percentage of the risks. The policy may be executed on behalf of the association by a duly authorized person and need not be countersigned by an agent.

(C) The persons eligible for coverage under the policy shall be all residents of this state who are sixty-five years of age or older and their spouses, subject to reasonable underwriting restrictions to be set forth in the plan of the association. The policy may provide basic hospital and surgical coverage, basic medical coverage, major medical coverage, and any combination of these; provided that it shall not be required as a condition for obtaining major medical coverage that any basic coverage be taken.

(D) The association shall file with the superintendent of insurance any policy, contract, certificate, or other evidence of insurance, application, or other forms pertaining to such insurance together with the premium rates to be charged therefor. The superintendent may approve, disapprove, and withdraw approval of the forms in accordance with section 3923.02 of the Revised Code, or the premium rates if by reasonable assumptions such rates are excessive in relation to the benefits provided. In determining whether such rates by reasonable assumptions are excessive in relation to the benefits provided the superintendent shall give due consideration to past and prospective claim experience, within and outside this state, and to fluctuations in such claim experience, to a reasonable risk charge, to contribution to surplus and contingency funds, to past and prospective expenses, both within and outside this state, and to all other relevant factors within and outside this state, including any differing operating methods of the insurers joining in the issuance of the policy. In reviewing the forms the superintendent shall not be bound by the requirements of sections 3923.04 to 3923.07 of the Revised Code with respect to standard provisions to be included in sickness and accident policies or forms.

(E) The association may enroll eligible persons for coverage under the policy through any insurance agent licensed to sell sickness and accident insurance pursuant to section 3905.01 3905.02, 3905.08, 3905.18, or 3941.02 of the Revised Code.

(F) The association shall file annually with the superintendent on such date and in such form as the superintendent may prescribe, a financial summary of its operations.

(G) The association may sue and be sued in its associate name and for such purposes only shall be treated as a domestic corporation. Service of process against such THE association made upon a managing agent, any member thereof, or any agent authorized by appointment to receive service of process, shall have the same force and effect as if such THE service had been made upon all members of the association.

(H) Under any policy issued as provided in this section, the policyholder, or such person as the policyholder shall designate, shall alone be a member of each domestic mutual insurance company joining in the issue of the policy and shall be entitled to one vote by virtue of such policy at the meetings of each such mutual insurance company. Notice of the annual meetings of each such mutual insurance company may be given by written notice to the policyholder or as otherwise prescribed in said THE policy.

Sec. 3931.101. The provisions of sections 3905.01 to 3905.05, inclusive, 3905.04 of the Revised Code, relating to the appointment, licensing, qualification and regulation of insurance agents, brokers and solicitors shall apply to all persons authorized to solicit powers of attorney or applications for contracts of indemnity for any reciprocal exchange, insurance exchange or attorney in fact as provided for in Chapter 3931,. of the Revised Code, except a traveling full time salaried non-commission employee of an attorney whose duties as such employee are primarily the performance of inspection underwriting, loss prevention engineering and claim services shall be exempt from this section and shall be regulated solely by section 3931.11 of the Revised Code.

Sec. 3931.11. Every attorney shall certify to the superintendent of insurance the names and addresses of the attorney's traveling full time salaried non-commission employees, primarily engaged in performing underwriting, loss prevention engineering and claim services, authorized by the attorney to solicit powers of attorney or applications for contracts of indemnity specified in section 3931.01 of the Revised Code. The authority of such persons shall continue until the first day of the next April, unless it is cancelled by the attorney and the certificate of such cancellation is filed with the superintendent, or unless the license of the attorney or authority of such person is revoked or suspended by the superintendent. Expiring certificates of authority of such persons may be renewed in like manner to continue until the first day of the next April. The superintendent shall record the names and addresses of such persons so that their names may conveniently be inspected and shall thereupon certify and deliver to the attorney a list of the names of all persons so recorded.

If the superintendent finds that any such person has wilfully WILLFULLY violated, or failed to comply with, sections 3931.01 to 3931.12, inclusive, of the Revised Code, or has been convicted of a felony in the United States, or in this or any state, or has been guilty of any act or acts which if performed by an agent licensed under section 3905.01 3905.02 of the Revised Code would constitute statutory grounds for the revocation of such agent's license, the superintendent may refuse or revoke the authority of such THE person and cancel the person's name on the superintendent's records, and the superintendent shall thereupon notify such THE person and the attorney of such THE revocation. Thereafter such THE person shall not act as representative of any attorney until a new certificate of authority by the attorney thereafter appointing such THE person is filed with and approved by the superintendent.

No such person shall act for any attorney in placing insurance or making such contracts of indemnity, unless the attorney has the license required by section 3931.10 of the Revised Code, nor unless the unexpired, unrevoked, and unsuspended certificate of such person's authority is filed with the superintendent. Any such person shall be individually liable on any contract of indemnity made, issued, or accepted through that person as representing any attorney who is not licensed by the superintendent to make such contracts of indemnity.

Sec. 3941.02. (A) A domestic mutual company may be organized by not less than twenty persons, to carry on the business of mutual insurance and to reinsure and to accept reinsurance as authorized by law and its articles of incorporation. Such persons shall execute articles of incorporation which, if not inconsistent with the constitution and laws of this state and of the United States, shall be approved by the attorney general and the secretary of state. The articles and the certificate of approval by the attorney general shall be recorded by the secretary of state who shall deposit a copy thereof with the superintendent of insurance.

(B) If the articles of incorporation of a domestic, foreign, or alien, mutual or stock insurance company empower it, or if the power of attorney or subscribers' agreement empowers the attorney in fact of a reciprocal or interinsurance exchange, to transact any of the kinds of insurance described in division (A) of section 3929.01 of the Revised Code, such company or attorney may apply to the superintendent for the appropriate license or certificate of authority, as provided in section 3925.11, 3927.01, 3931.10, or 3941.06 of the Revised Code, which application shall state which of the kinds of insurance it proposes to transact, and the superintendent shall act thereon in the manner prescribed by that section.

(C) An Ohio agent shall be licensed, upon written notice of appointment by a domestic, foreign, or alien, mutual or stock insurance company, to procure, receive, or forward application for the kinds of insurance the company is authorized to transact in this state if the agent is then licensed to write all of the kinds of insurance described in division (A) of section 3929.01 of the Revised Code, either for the company or for any other company or companies authorized to transact insurance business in this state. An Ohio agent not so licensed shall not procure, receive, or forward applications for any kind of insurance for the company until qualified and licensed to procure, receive, or forward applications for all of the kinds of insurance described in division (A) of section 3929.01 of the Revised Code, in accordance with the applicable provisions of Chapter 3905. of the Revised Code and in accordance with such rules as the superintendent may adopt in connection therewith; provided any company, irrespective of the kinds of insurance it is authorized to transact, may apply for and obtain the renewal of licenses of its agents who were licensed on or before July 1, 1945, to procure, receive, or forward applications for any of the kinds of insurance described in division (A) of section 3929.01 of the Revised Code, and such agents shall not be required to be licensed for all the kinds of insurance transacted by the company making the applications for such renewals. Nothing in this section shall be construed to authorize an agent whose license is renewed under these provisions to procure, receive, or forward applications for any kind or kinds of insurance other than the kind or kinds for which the agent was authorized to procure, receive, or forward applications on July 1, 1945; provided, the procuring, receiving, or forwarding of applications by such an agent for any kind or kinds of insurance other than the kind or kinds the agent was authorized to procure, receive, or forward, as of July 1, 1945, is cause for revocation of the license of the agent by the superintendent and the acceptance by any insurance company licensed to do business in this state of an application for any kind of insurance other than the kind or kinds that the agent was authorized to procure, receive, or forward, as of July 1, 1945, is cause for revocation of the license of the company by the superintendent. Nothing in this section shall be construed to alter the provisions of sections 2301.373, 3905.05, 3931.101, and 3931.11 of the Revised Code.

Sec. 3953.21. (A) Every title insurance company authorized to transact business within this state shall certify annually to the superintendent of insurance the names of all title insurance agents representing it in this state in accordance with section 3905.01 3905.02 of the Revised Code.

(B) No bank, trust company, bank and trust company, or other lending institution, mortgage service, brokerage, mortgage guaranty company, escrow company, real estate company or any subsidiaries thereof or any individuals so engaged shall be permitted to act as an agent for a title insurance company.

Sec. 3953.23. (A) Every title insurance agent shall keep his books of account and record and vouchers pertaining to the business of title insurance in such manner that the title insurance company may readily ascertain from time to time whether the agent has complied with this chapter.

(B) A title insurance agent may engage in the business of handling escrows of real property transactions directly connected with the business of title insurance, provided that the agent shall maintain a separate record of all receipts and disbursements of escrow funds and shall not commingle any such funds with agent's own funds or with funds held by agent in any other capacity; and if at any time the superintendent of insurance determines that an agent has failed to comply with any of the provisions of this section, the superintendent may revoke the license of said THE agent pursuant to section 3905.01 3905.02 of the Revised Code, subject to review as provided for in sections 119.01 to 119.13, inclusive, CHAPTER 119. of the Revised Code. All agents shall be covered by a fidelity bond in an amount and with a company satisfactory to the principal.

Sec. 3960.11. (A) No person shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance in this state from a risk retention group unless the person is licensed as an insurance agent or broker in accordance with section 3905.01, 3905.03, 3905.02 or 3905.30 of the Revised Code.

(B) No person shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance in this state for a purchasing group from an authorized insurer or a risk retention group chartered in a state unless the person is licensed as an insurance agent or broker in accordance with section 3905.01, 3905.03, 3905.02 or 3905.30 of the Revised Code.

(C) No person shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance coverage in this state for any member of a purchasing group under a purchasing group's policy unless the person is licensed as an insurance agent or broker in accordance with section 3905.01, 3905.03, 3905.02 or 3905.30 of the Revised Code.

(D) No person shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance from an insurer not authorized to do business in this state on behalf of a purchasing group located in this state unless the person is licensed as an insurance agent or surplus lines LINE broker in accordance with section 3905.01, 3905.03, 3905.02 or 3905.30 of the Revised Code.

Sec. 4745.01. (A) "Standard renewal procedure," as used in Chapters 905., 907., 909., 911., 913., 915., 917., 918., 921., 923., 927., 942., 943., 953., 1321., 3710., 3713., 3717., 3719., 3731., 3742., 3748., 3769., 3783., 3905., 3921., 3951., 4104., 4105., 4143., 4169., 4561., 4701., 4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725., 4727., 4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741., 4747., 4749., 4753., 4755., 4757., 4759., 4761., 4766., and 4773. of the Revised Code, means the license renewal procedures specified in this chapter.

(B) "Licensing agency," as used in this chapter, means any department, division, board, section of a board, or other state governmental unit subject to the standard renewal procedure, as defined in this section, and authorized by the Revised Code to issue a license to engage in a specific profession, occupation, or occupational activity, or to have charge of and operate certain specified equipment, machinery, or premises.

(C) "License," as used in this chapter, means a license, certificate, permit, card, or other authority issued or conferred by a licensing agency by authority of which the licensee has or claims the privilege to engage in the profession, occupation, or occupational activity, or to have control of and operate certain specific equipment, machinery, or premises, over which the licensing agency has jurisdiction.

(D) "Licensee," as used in this chapter, means either the person to whom the license is issued or renewed by a licensing agency, or the person, partnership, or corporation at whose request the license is issued or renewed.

(E) "Renewal" and "renewed," as used in this chapter and in the chapters of the Revised Code specified in division (A) of this section, includes the continuing licensing procedure provided in Chapter 3748. of the Revised Code and rules adopted under it and in sections 1321.05, 3905.01, 3905.02, 3905.07, 3905.18, and 3921.33 of the Revised Code, and as applied to those continuing licenses any reference in this chapter to the date of expiration of any license shall be construed to mean the due date of the annual or other fee for the continuing license.