reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3903 | Reserve Valuation; Rehabilitation and Liquidation › Section 3903.99 | Penalty.

Effective:
March 7, 1983
Latest Legislation:
House Bill 830 - 114th General Assembly
Whoever violates division (B) or (C) of section 3903.06 of the Revised Code shall be fined not more than ten thousand dollars or imprisoned for not more than one year, or both.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.02 | Applicability of Chapter.

Effective:
June 29, 1995
Latest Legislation:
House Bill 329 - 120th General Assembly
(A) The obligations of sections 3904.01 to 3904.22 of the Revised Code apply to those insurance institutions, agents, or insurance support organizations that, on or after the effective date of these sections, do either of the following:
(1) Collect, receive, or maintain information in connection with insurance transactions that pertains to natural persons who are residents of this state;
(2) Engage in insurance transactions with applicants, individuals, or policyholders who are residents of this state.
(B) The rights granted by sections 3904.01 to 3904.22 of the Revised Code extend to both of the following persons who are residents of this state:
(1) Natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions;
(2) Applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions.
(C) For purposes of this section, a person is considered a resident of this state if the person's last known mailing address, as shown in the records of the insurance institution, agent, or insurance support organization, is located in this state.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.03 | Pretext Interviews.

Effective:
June 29, 1995
Latest Legislation:
House Bill 329 - 120th General Assembly
No insurance institution, agent, or insurance support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction. However, a pretext interview may be undertaken to obtain information from a person or institution that does not have a generally or statutorily recognized privileged relationship with the person about whom the information relates for the purpose of investigating a claim where, based upon specific information available for review by the superintendent of insurance, there is a reasonable basis for suspecting criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with the claim.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.06 | Disclosure Authorization Form.

Effective:
June 29, 1995
Latest Legislation:
House Bill 329 - 120th General Assembly
No insurance institution, agent, or insurance support organization shall use as its disclosure authorization form in connection with insurance transactions a form or statement that authorizes the disclosure of personal or privileged information about an individual to the insurance institution, agent, or insurance support organization, unless the form or statement:
(A) Is written in plain language;
(B) Is dated;
(C) Specifies the types of persons authorized to disclose information about the individual;
(D) Specifies the nature of the information authorized to be disclosed;
(E) Names the insurance institution or agent and identifies by generic reference representatives of the insurance institution to whom the individual is authorizing information to be disclosed;
(F) Specifies the purposes for which the information is collected;
(G) Specifies the length of time such authorization shall remain valid, which shall be no longer than:
(1) In the case of authorizations signed for the purpose of collecting information in connection with an application for an insurance policy, a policy reinstatement, or a request for change in policy benefits, thirty months from the date the authorization is signed;
(2) In the case of authorizations signed for the purpose of collecting information in connection with a claim for benefits under an insurance policy:
(a) The term of coverage of the policy if the claim is for a health insurance benefit;
(b) The duration of the claim if the claim is not for a health insurance benefit.
(H) Advises the individual or a person authorized to act on behalf of the individual that the individual or the individual's authorized representative is entitled to receive a copy of the authorization form.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.07 | Investigative Consumer Report.

Effective:
June 29, 1995
Latest Legislation:
House Bill 329 - 120th General Assembly
(A) No insurance institution, agent, or insurance support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement, or a change in insurance benefits unless the insurance institution or agent informs the individual that he may request to be interviewed in connection with the preparation of the investigative consumer report, and that upon a request under section 3904.08 of the Revised Code, he is entitled to receive a copy of the investigative consumer report.
(B) If an investigative consumer report is to be prepared by an insurance institution or agent, the insurance institution or agent shall institute reasonable procedures to conduct a personal interview requested by an individual.
(C) If an investigative consumer report is to be prepared by an insurance support organization, the insurance institution or agent desiring such report shall inform the insurance support organization whether a personal interview has been requested by the individual. The insurance support organization shall institute reasonable procedures to conduct such interviews, if requested.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.10 | Written Reason for Adverse Underwriting Decision Summary of Rights.

Effective:
June 29, 1995
Latest Legislation:
House Bill 329 - 120th General Assembly
(A) In the event of an adverse underwriting decision, the insurance institution or agent responsible for the decision shall provide the applicant, policyholder, or individual proposed for coverage with the specific reason or reasons for the adverse underwriting decision in writing, or advise such person that upon written request he may receive the specific reason or reasons in writing. The institution or agent shall also provide the applicant, policyholder, or individual with a summary of his rights under division (B) of this section and under sections 3904.08 and 3904.09 of the Revised Code.
(B) Upon receipt of a written request within ninety business days from the date of the mailing of notice or other communication of an adverse underwriting decision to an applicant, policyholder, or individual proposed for coverage, the insurance institution or agent within twenty-one business days from the date of receipt of such written request, shall furnish all of the following:
(1) The specific reason or reasons for the adverse underwriting decision, in writing, if such information was not initially furnished in writing pursuant to division (A) of this section;
(2) The specific items of personal and privileged information that support those reasons. However, the following conditions apply:
(a) The insurance institution or agent shall not be required to furnish specific items of privileged information if it has a reasonable suspicion, based upon specific information available for review by the superintendent of insurance, that the applicant, policyholder, or individual proposed for coverage has engaged in criminal activity, fraud, material misrepresentation, or material nondisclosure;
(b) Specific items of medical record information supplied by a medical care institution or medical professional shall be disclosed either directly to the individual about whom the information relates or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurance institution or agent prefers.
(3) The names and addresses of the institutional sources that supplied the specific items of information pursuant to division (B)(2) of this section. However, the identity of any medical professional or medical care institution shall be disclosed either directly to the individual or to the designated medical professional, whichever the insurance institution or agent prefers.
(C) The obligations imposed by this section upon an insurance institution or agent may be satisified by another insurance institution or agent authorized to act on its behalf.
(D) When an adverse underwriting decision results solely from an oral request or inquiry, the explanation of reasons and summary of rights required by division (A) of this section may be given orally.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.11 | Inquiry Concerning Previous Adverse Underwriting Decision.

Effective:
June 29, 1995
Latest Legislation:
House Bill 329 - 120th General Assembly
No insurance institution, agent, or insurance support organization may seek information in connection with an insurance transaction concerning any previous adverse underwriting decision experienced by an individual, unless such inquiry also requests the reasons for any previous adverse underwriting decision.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.12 | Prohibited Bases for Adverse Underwriting Decision.

Effective:
June 29, 1995
Latest Legislation:
House Bill 329 - 120th General Assembly
No insurance institution or agent may base an adverse underwriting decision in whole or in part on either of the following:
(A) On the fact of a previous adverse underwriting decision. However, an insurance institution or agent may base an adverse underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision.
(B) On personal information received from an insurance support organization whose primary source of information is insurance institutions. However, an insurance institution or agent may base an adverse underwriting decision on further personal information obtained as a result of information received from such insurance support organization.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.14 | Obtaining Information Under False Pretenses.

Effective:
June 29, 1995
Latest Legislation:
House Bill 329 - 120th General Assembly
(A) No person shall knowingly obtain information under false pretenses about an individual from an insurance institution, agent, or insurance support organization.
(B) Whoever violates division (A) of this section is guilty of a felony of the fourth degree.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.15 | Superintendent May Examine and Investigate Conduct.

Effective:
June 29, 1995
Latest Legislation:
House Bill 329 - 120th General Assembly
(A) The superintendent of insurance may examine and investigate into the affairs of every insurance institution or agent doing business in this state to determine whether the insurance institution or agent has been or is engaged in any conduct in violation of sections 3904.01 to 3904.22 of the Revised Code.
(B) The superintendent may examine and investigate into the affairs of every insurance support organization acting on behalf of an insurance institution or agent that either transacts business in this state or transacts business outside this state that has an effect on a person residing in this state to determine whether such insurance support organization has been or is engaged in any conduct in violation of sections 3904.01 to 3904.22 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.16 | Superintendent to Issue and Serve Statement of Charges and Notice of Hearing.

Effective:
January 1, 2021
Latest Legislation:
House Bill 339 - 133rd General Assembly
(A) Whenever the superintendent of insurance has reason to believe that an insurance institution, agent, or insurance support organization has been or is engaged in conduct in this state that violates sections 3904.01 to 3904.22 of the Revised Code, or if the superintendent believes that an insurance support organization has been or is engaged in conduct outside this state that has an effect on a person residing in this state and that violates these sections, the superintendent shall issue and serve upon such insurance institution, agent, or insurance support organization a statement of charges and notice of hearing to be held at a time and place fixed in the notice. The date for such hearing shall be not less than thirty days after the date of service.
(B) At the time and place fixed for such hearing, the insurance institution, agent, or insurance support organization charged shall have an opportunity to answer the charges against it and present evidence on its behalf. Upon good cause shown, the superintendent shall permit any adversely affected person to intervene, appear, and be heard at such hearing by counsel or in person.
(C) At any hearing conducted pursuant to this section, the superintendent may administer oaths, examine, and cross-examine witnesses and receive oral and documentary evidence. The superintendent may subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence and other documents that are relevant to the hearing. A stenographic record of the hearing shall be made upon the request of any party or at the discretion of the superintendent. If no stenographic record is made and if judicial review is sought, the superintendent shall prepare a statement of the evidence for use on the review. Hearings conducted under this section are governed by the same rules of evidence and procedure applicable to administrative proceedings conducted under Chapter 119. of the Revised Code.
(D) Statements of charges, notices, orders, and other processes of the superintendent under sections 3904.01 to 3904.22 of the Revised Code may be served by anyone authorized to act on behalf of the superintendent. Service of process may be completed in the manner provided by law for service of process in civil actions or by registered mail. A copy of the statement of charges, notice, order or other process shall be provided to the person or persons whose rights under these sections have been allegedly violated. A verified return setting forth the manner of service, or return postcard receipt in the case of registered mail, is sufficient proof of service.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.17 | Organization Transacting Business Outside State - Superintendent of Insurance to Accept Service of Process.

Effective:
June 29, 1995
Latest Legislation:
House Bill 329 - 120th General Assembly
For the purpose of sections 3904.01 to 3904.22 of the Revised Code, an insurance support organization transacting business outside this state that has an effect on a person residing in this state is deemed to have appointed the superintendent of insurance to accept service of process on its behalf, provided the superintendent causes a copy of such service to be mailed forthwith by registered mail to the insurance support organization at its last known principal place of business. The return postcard receipt for the mailing is sufficient proof that the copy of the service of process was properly mailed by the superintendent.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.18 | Cease and Desist Order or Report Finding No Violation - Petition for Review.

Effective:
June 29, 1995
Latest Legislation:
House Bill 329 - 120th General Assembly
(A) If, after a hearing pursuant to section 3904.16 of the Revised Code, the superintendent of insurance determines that the insurance institution, agent, or insurance support organization charged has engaged in conduct or practices in violation of sections 3904.01 to 3904.22 of the Revised Code, the superintendent shall reduce his findings to writing and shall issue and cause to be served upon such insurance institution, agent, or insurance support organization a copy of such findings and an order requiring such insurance institution, agent, or insurance support organization to cease and desist from the conduct or practices constituting a violation of these sections.
(B) If, after a hearing pursuant to section 3904.16 of the Revised Code, the superintendent determines that the insurance institution, agent, or insurance support organization charged has not engaged in conduct or practices in violation of sections 3904.01 to 3904.22 of the Revised Code, the superintendent shall prepare a written report that sets forth findings of fact and conclusions of law. The report shall be served upon the insurance institution, agent, or insurance support organization charged and upon the person or persons, if any, whose rights under these sections were allegedly violated.
(C) Until the expiration of the time allowed under section 3904.20 of the Revised Code for filing a petition for review or until such petition is actually filed, whichever occurs first, the superintendent may modify or set aside any order or report issued under this section. After the expiration of the time allowed under section 3904.20 of the Revised Code for filing a petition for review, if no such petition has been filed, the superintendent may, after notice and opportunity for hearing, alter, modify, or set aside, in whole or in part, any order or report issued under this section whenever conditions of fact or law warrant such action or if the public interest so requires.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.19 | Penalties for Knowing Violation or Violation of Cease and Desist Order.

Effective:
June 29, 1995
Latest Legislation:
House Bill 329 - 120th General Assembly
(A) In any case where a hearing pursuant to section 3904.16 of the Revised Code results in the finding of a knowing violation of sections 3904.01 to 3904.22 of the Revised Code, the superintendent of insurance may, in addition to the issuance of a cease and desist order as prescribed in section 3904.18 of the Revised Code, order payment of a monetary penalty of not more than five hundred dollars for each violation but not to exceed ten thousand dollars in the aggregate for multiple violations.
(B) Any person who violates a cease and desist order of the superintendent under section 3904.18 of the Revised Code may, after notice and hearing and upon order of the superintendent, be subject to one or more of the following penalties, at the discretion of the superintendent:
(1) A monetary fine of not more than ten thousand dollars for each violation;
(2) A monetary fine of not more than fifty thousand dollars if the superintendent finds that violations have occurred with such frequency as to constitute a general business practice;
(3) Suspension or revocation of an insurance institution's or agent's license.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.21 | Action by Person Whose Rights Are Violated.

Effective:
June 29, 1995
Latest Legislation:
House Bill 329 - 120th General Assembly
(A) If any insurance institution, agent, or insurance support organization fails to comply with section 3904.08, 3904.09, or 3904.10 of the Revised Code with respect to the rights granted under such section, any person whose rights are violated may apply to the appropriate common pleas court, or any other court of competent jurisdiction, for appropriate equitable relief.
(B) An insurance institution, agent, or insurance support organization that discloses information in violation of section 3904.13 of the Revised Code is liable for damages sustained by the individual about whom the information relates. However, no individual shall be entitled to a monetary award that exceeds the actual damages sustained by the individual as a result of a violation of section 3904.13 of the Revised Code.
(C) In any action brought pursuant to this section, the court may award the cost of the action and reasonable attorney's fees to the prevailing party.
(D) An action under this section must be brought within two years from the date the alleged violation is or should have been discovered.
(E) Except as specifically provided in this section, there shall be no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provisions of sections 3904.01 to 3904.22 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3904 | Insurance Information Practices › Section 3904.22 | Authorized Disclosures of Personal or Privileged Information - Immunity.

Effective:
June 29, 1995
Latest Legislation:
House Bill 329 - 120th General Assembly
No cause of action in the nature of defamation, invasion of privacy, or negligence shall arise against any person for disclosing personal or privileged information in accordance with sections 3904.01 to 3904.22 of the Revised Code, nor shall such a cause of action arise against any person for furnishing personal or privileged information to an insurance institution, agent, or insurance support organization. However, this section provides no immunity for disclosing or furnishing false information with purpose to injure any person.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.04 | Written Examination of Applicant for Agent License.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) Except as otherwise provided in this section or in section 3905.041 of the Revised Code, a resident individual applying for an insurance agent license for any of the lines of authority described in division (B) of this section shall take and pass a written examination prior to application for licensure. The examination shall test the knowledge of the individual with respect to the lines of authority for which application will be made, the duties and responsibilities of an insurance agent, and the insurance laws of this state. Before admission to the examination, each individual shall pay the nonrefundable examination fee.
(B) The examination described in division (A) of this section shall be required for the following lines of authority:
(1) Any of the lines of authority set forth in divisions (B)(1) to (5) of section 3905.06 of the Revised Code;
(2) Title insurance;
(3) Surety bail bonds as provided in sections 3905.83 to 3905.95 of the Revised Code;
(4) Any other line of authority designated by the superintendent of insurance.
(C)(1) An individual shall not be permitted to take the examination described in division (A) of this section unless one of the following applies:
(a) The individual has earned a bachelor's or associate's degree in insurance from an accredited institution.
(b) The individual has earned a professional designation approved by the superintendent.
(c) The individual has completed, for each line of authority for which the individual has applied, twenty hours of study in a program of insurance education approved by the superintendent, under criteria established by the superintendent, which may include the option for all of the following types of courses and programs or combination thereof:
(i) Classroom;
(ii) Online;
(iii) Self-study.
(2) Division (C) of this section does not apply with respect to title insurance or any other line of authority designated by the superintendent.
(D) An individual who fails to appear for an examination as scheduled, or fails to pass an examination, may reapply for the examination if the individual pays the required fee and submits any necessary forms prior to being rescheduled for the examination.
(E)(1) The superintendent may, in accordance with Chapter 119. of the Revised Code, adopt any rule necessary for the implementation of this section.
(2) The superintendent may make any necessary arrangements, including contracting with an outside testing service, for the administration of the examinations and the collection of the fees required by this section.
Last updated August 19, 2021 at 3:16 PM
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.041 | Exceptions to Program of Insurance Education or Examination Requirement.

Effective:
May 26, 2010
Latest Legislation:
House Bill 300 - 128th General Assembly
(A)(1) An individual who applies for a resident insurance agent license in this state within ninety days after establishing a principal place of residence or principal place of business in this state shall not be required under section 3905.04 of the Revised Code to complete a program of insurance education or to pass a written examination if the individual has paid all applicable fees required under this chapter and if either of the following applies:
(a) The individual is currently licensed in another state and is in good standing for the line or lines of authority requested.
(b) The individual was previously licensed in another state, the individual's application for a resident insurance agent license in this state is received within ninety days after the cancellation of the individual's previous license, and, at the time of license cancellation, the individual was in good standing for the line or lines of authority requested.
(2) To determine an applicant's licensure status and standing in another state, the superintendent of insurance may utilize the producer database maintained by the NAIC or its affiliates or subsidiaries. If that information is not available on the producer database, the superintendent may require documentation from the prior home state.
(B) An individual who applies for a temporary insurance agent license in this state shall not be required under section 3905.04 of the Revised Code to complete any prelicensing education or to pass a written examination.
(C) The superintendent may exempt any limited lines insurance from the examination requirement of section 3905.04 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.05 | Application for Resident Insurance Agent License.

Effective:
May 26, 2010
Latest Legislation:
House Bill 300 - 128th General Assembly
(A) A natural person shall apply for a resident insurance agent license by submitting to the superintendent of insurance the uniform application or any other application prescribed by the superintendent, any additional information required by the superintendent, and a declaration made under penalty of refusal, suspension, or revocation of the license, that the statements made in the application are true, correct, and complete to the best of the applicant's knowledge and belief and paying any applicable fees required under this chapter.
A person who applies for a resident insurance agent license with a variable life-variable annuity line of authority shall include in the person's application the person's individual central registration depository number.
The applicant shall also consent to a criminal records check pursuant to section 3905.051 of the Revised Code.
(B) A business entity acting as an insurance agent shall apply for a resident insurance agent license by submitting to the superintendent the uniform business entity application or any other application prescribed by the superintendent and paying any applicable fees required under this chapter.
(C) The superintendent may require an applicant to submit any document reasonably necessary to verify the information contained in an application.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.051 | Criminal Records Check; Fingerprinting; Confidentiality.

Effective:
July 21, 2022
Latest Legislation:
Senate Bill 256 - 134th General Assembly
(A) As used in this section:
(1)(a) "Applicant" means a natural person applying for either of the following:
(i) A resident license as an insurance agent or surety bail bond agent;
(ii) An additional line of authority under an existing resident insurance agent license if a criminal records check has not been obtained within the last twelve months for insurance license purposes.
(b) "Applicant" includes a natural person who is the president, secretary, treasurer, or other officer or person who directs or controls the insurance operations of a limited lines travel agent that is a business entity, as described in section 3905.066 of the Revised Code.
(2) "Fingerprint" means an impression of the lines on the finger taken for the purpose of identification. The impression may be electronic or converted to an electronic format.
(B) Each applicant shall consent to a criminal record check in accordance with this section and shall submit a full set of fingerprints to the superintendent of insurance for that purpose.
(C) The superintendent of insurance shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check based on the applicant's fingerprints. The superintendent of insurance shall request that criminal record information from the federal bureau of investigation be obtained as part of the criminal records check.
(D) The superintendent of insurance may contract for the collection and transmission of fingerprints authorized under this section. The superintendent may order the fee for collecting and transmitting fingerprints to be payable directly to the contractor by the applicant. The superintendent may agree to a reasonable fingerprinting fee to be charged by the contractor. Any fee required under this section shall be paid by the applicant.
(E) The superintendent may receive criminal record information directly in lieu of the bureau of criminal identification and investigation that submitted the fingerprints to the federal bureau of investigation.
(F) The superintendent shall treat and maintain an applicant's fingerprints and any criminal record information obtained under this section as confidential and shall apply security measures consistent with the criminal justice information services division of the federal bureau of investigation standards for the electronic storage of fingerprints and necessary identifying information and limit the use of records solely to the purposes authorized by this section. The fingerprints and any criminal record information are not subject to subpoena other than one issued pursuant to a criminal investigation, are confidential by law and privileged, are not subject to discovery, and are not admissible in any private civil action.
(G) This section does not apply to an agent applying for renewal of an existing resident or nonresident license in this state.
Last updated May 3, 2022 at 1:09 PM
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.061 | Agent to File of Change of Address.

Effective:
May 26, 2010
Latest Legislation:
House Bill 300 - 128th General Assembly
(A) If a person licensed as an insurance agent under section 3905.06 of the Revised Code changes the person's address within the state, the person shall, within thirty days after making that change, file a change of address with the superintendent of insurance or the superintendent's designee.
(B)(1) If a person licensed as an insurance agent under section 3905.06 of the Revised Code changes the person's home state, the person shall, within thirty days after making that change, file a change of address with the superintendent and provide the superintendent with certification from the new home state.
(2) If a resident insurance agent complies with division (B)(1) of this section and the agent is in good standing with the superintendent, the agent's license shall be changed to that of a nonresident license and no fee or license application shall be required. A change in the residency status of an insurance agent license under this section does not change the license renewal date established by the initial licensure under section 3905.06 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.067 | Unfair and Deceptive Acts or Practices.

Effective:
October 19, 2022
Latest Legislation:
Senate Bill 256 - 134th General Assembly
(A) Except as otherwise provided in this section, all persons offering travel insurance to residents of this state are subject to sections 3901.19 to 3901.26 of the Revised Code.
(B) Any limited lines travel insurance agent, or any travel retailer offering or selling travel insurance under a limited lines travel insurance agent, that fails to comply with the provisions of sections 3905.064 to 3905.0611 of the Revised Code is deemed to have engaged in an unfair and deceptive act or practice in the business of insurance as defined in section 3901.21 of the Revised Code and is subject to section 3905.14 of the Revised Code.
(C) Both of the following shall be considered an unfair and deceptive act or practice in the business of insurance, as defined in section 3901.21 of the Revised Code, and are subject to, in addition to the penalties prescribed in section 3901.22 of the Revised Code, disciplinary action under section 3905.14 of the Revised Code:
(1) Offering or selling a travel insurance policy that could never result in payment of any claims;
(2) Marketing blanket travel insurance coverage as free.
(D) Marketing travel insurance directly to a consumer through a travel insurer's web site or by others through an aggregator site is not an unfair and deceptive act or practice or other violation of law if both of the following conditions are met:
(1) An accurate summary or short description of coverage is provided on the web site;
(2) The consumer has access to the full provisions of the policy through electronic means.
(E) Where a consumer's destination jurisdiction requires insurance coverage, it is not an unfair and deceptive act or practice in the business of insurance to require a consumer to choose between the following options as a condition of purchasing a trip or travel package:
(1) Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance agent supplying the trip or travel package;
(2) Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements prior to departure.
Last updated June 8, 2022 at 1:11 PM
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.068 | Tax on Travel Insurance Premiums.

Effective:
October 19, 2022
Latest Legislation:
Senate Bill 256 - 134th General Assembly
(A) A travel insurer shall pay premium tax, as provided in Chapters 5725. and 5729. of the Revised Code, on travel insurance premiums paid by any of the following:
(1) An individual primary policyholder who is a resident of this state;
(2) A primary certificate holder who is a resident of this state who elects coverage under a group travel insurance policy;
(3)(a) A blanket travel insurance policyholder, when the policy covers eligible blanket group members, that is a resident of, or has its principal place of business in, this state, including when the policy covers an affiliate or subsidiary, regardless of the location of the affiliate or subsidiary.
(b) Such payments shall be subject to any apportionment rules that apply to the insurer across multiple taxing jurisdictions or that permit the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions.
(B) A travel insurer shall:
(1) Document the state of residence or principal place of business of the policyholder or certificate holder, as necessary to comply with division (A)(1) of this section;
(2) Report as a premium only the amount allocable to travel insurance and not any amounts received for travel assistance services or cancellation fee waivers.
(C) Neither of the following are insurance:
(1) A cancellation fee waiver;
(2) Travel assistance services.
(D) Surplus lines brokers selling travel insurance shall pay taxes on premiums related to travel insurance in accordance with sections 3905.30 to 3905.38 of the Revised Code and not in accordance with the requirements of this section.
(E) With regard to an automobile or truck rental or leasing company obtaining travel insurance coverage for a group of individuals who may become renters, lessees, or passengers, defined by their travel status on the rented or leased vehicles, the common carrier, operator, owner, or lessor of a means of transportation, or the automobile or truck rental or leasing company, is the policyholder under a policy to which sections 3905.064 to 3905.0611 of the Revised Code apply.
Last updated June 8, 2022 at 1:12 PM
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.069 | Travel Administrators.

Effective:
October 19, 2022
Latest Legislation:
Senate Bill 256 - 134th General Assembly
(A) Notwithstanding any other provisions of Title XXXIX of the Revised Code, no person shall act or represent the person's self as a travel administrator for travel insurance in this state unless that person holds one of the following licenses in good standing in this state:
(1) Property and casualty license;
(2) Managing general agent license;
(3) Third-party administrator license.
(B)(1) A travel insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the travel insurer and is responsible for ensuring that the travel administrator maintains all books and records relevant to the travel insurer.
(2) The travel administrator shall make such books and records available to the superintendent of insurance upon request.
Last updated June 8, 2022 at 1:12 PM
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.0610 | Classification of Travel Insurance; Eligibility and Underwriting Standards.

Effective:
October 19, 2022
Latest Legislation:
Senate Bill 256 - 134th General Assembly
(A)(1) Except as provided in division (A)(2) of this section, travel insurance shall be classified and filed, for purposes of rates and forms, under an inland marine line of insurance.
(2) Travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation or repatriation of remains, or incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed under either an accident and health line of insurance or an inland marine line of insurance.
(B) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, provided those standards also meet the state's underwriting standards for inland marine.
Last updated June 8, 2022 at 1:13 PM
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.0611 | Rules.

Effective:
October 19, 2022
Latest Legislation:
Senate Bill 256 - 134th General Assembly
The superintendent may adopt rules as needed to implement sections 3905.064 to 3905.0611 of the Revised Code.
Last updated June 8, 2022 at 1:13 PM
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.071 | Nonresident to File Change of Address.

Effective:
May 26, 2010
Latest Legislation:
House Bill 300 - 128th General Assembly
(A)(1) If a nonresident person licensed as a nonresident insurance agent under section 3905.07 of the Revised Code changes the person's address within the person's state of residence, the person shall, within thirty days after making that change, file a change of address with the superintendent of insurance or the superintendent's designee.
(2) If a nonresident person licensed as a nonresident insurance agent under section 3905.07 of the Revised Code changes the person's home state, the person shall, within thirty days after making that change, file a change of address with the superintendent and provide the superintendent with certification from the new home state.
(B) If a nonresident insurance agent complies with division (A) of this section and the agent is in good standing with the superintendent, no fee or license application shall be required. A change in the residency status of an agent's license under this section does not change the license renewal date established by the initial license under section 3905.07 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.072 | Nonresident Limited Lines Insurance Agent License.

Effective:
September 1, 2002
Latest Legislation:
Senate Bill 129 - 124th General Assembly
Notwithstanding any other provision of this chapter, the superintendent of insurance shall issue to a nonresident person licensed as a limited line credit insurance agent or other type of limited lines insurance agent in the person's home state a nonresident limited lines insurance agent license in accordance with division (A) of section 3905.07 of the Revised Code, with the same scope of authority as the person has under the license issued by the person's home state. However, the recognition of a limited lines authority under this section shall not create any new line of authority.
For purposes of this section, "limited lines insurance" means any authority granted by the home state that is less than the total authority provided in the associated major lines set forth in divisions (B)(1) to (6) of section 3905.06 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.08 | Reciprocity.

Effective:
September 1, 2002
Latest Legislation:
Senate Bill 129 - 124th General Assembly
(A) The superintendent of insurance shall waive all requirements under this chapter for a nonresident applicant with a valid license from the applicant's home state, except the requirements set forth in sections 3905.07 to 3905.072 of the Revised Code, if the applicant's home state awards nonresident agent licenses to residents of this state on the same basis.
(B) A nonresident insurance agent's satisfaction of the continuing education requirements for insurance agents of the agent's home state shall constitute satisfaction of the continuing education requirements for insurance agents of this state as set forth in section 3905.481 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.081 | Waiving Licensing Requirement for Nonresident Persons in Violation of Federal Reciprocity Requirements.

Effective:
September 1, 2002
Latest Legislation:
Senate Bill 129 - 124th General Assembly
Notwithstanding any other provision of this chapter, the superintendent of insurance may waive any licensing requirement for nonresident persons that the superintendent determines is in violation of the reciprocity requirements set forth in section 321 of the "Financial Services Modernization Act of 1999," 113 Stat. 1338, 15 U.S.C.A. 6751.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.09 | Temporary Insurance Agent License.

Effective:
September 1, 2002
Latest Legislation:
Senate Bill 129 - 124th General Assembly
(A) The superintendent of insurance may issue a temporary insurance agent license to any of the following persons if the superintendent determines that the license is necessary for the servicing of insurance business:
(1) The surviving spouse or court-appointed personal representative of a licensed insurance agent who dies or becomes mentally or physically disabled, to allow adequate time for the sale of the insurance business owned by the agent or for the recovery or return of the agent to the business, or to provide for the training and licensing of new personnel to operate the agent's business;
(2) A member or employee of a business entity licensed as an insurance agent, upon the death or disability of the sole or remaining licensed insurance agent;
(3) The designee of a licensed insurance agent entering active service in the United States armed forces;
(4) Any other person if the superintendent determines that the public interest will best be served by the issuance of the license.
(B) A temporary license issued under division (A) of this section shall remain in force for a period not to exceed one hundred eighty days. However, a temporary license may not continue in force under any of the circumstances described in division (A) of this section after the owner of the business or the owner's personal representative disposes of the business.
(C) The superintendent may, by order, limit the authority of any temporary license in any way deemed necessary to protect insureds and the public. The superintendent may also, by order, rescind a temporary license if the interests of insureds or the public are endangered.
(D) A temporary licensee shall be sponsored by a licensed insurance agent or insurer, which sponsor shall be responsible for all acts of the licensee. The superintendent may impose any other requirement on temporary licensees that the superintendent considers necessary to protect insureds and the public.
(E) Chapter 119. of the Revised Code shall not apply to the issuance, restriction, or rescission of a temporary license under this section.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.11 | Agent's Use of Assumed Name.

Effective:
September 1, 2002
Latest Legislation:
Senate Bill 129 - 124th General Assembly
An insurance agent that intends to do business in this state under any name other than the agent's legal name shall notify the superintendent of insurance prior to using the assumed name.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3905 | Insurance Producers Licensing Act › Section 3905.12 | Rules.

Effective:
May 26, 2010
Latest Legislation:
House Bill 300 - 128th General Assembly
(A) The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code to do the following:
(1) Establish procedures for the issuance, renewal, late renewal, extension, reactivation, and reinstatement of insurance agent licenses;
(2) Provide for the issuance and renewal of limited authority licenses, and establish any prelicensing education, examination, or continuing education requirements the superintendent considers appropriate for such a license;
(3) Establish a schedule of fees to be paid to the superintendent for extensions, late renewals, reinstatements, and reactivations of a license under this chapter and for credit card payments, electronic processing service, and manual processing service. Fees collected under this section shall be credited to the department of insurance operating fund created under section 3901.021 of the Revised Code.
(B) To assist the superintendent in carrying out the superintendent's duties under this chapter, the superintendent may contract with any nongovernmental entity, including the NAIC and its affiliates or subsidiaries, to perform any ministerial function related to insurance agent licensing, including the collection of fees, that the superintendent considers to be appropriate.