Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-5 - Agents, Licensing, Continuing Education › Section 3901-5-05 - Agent education violations

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule is to identify conduct related to
				continuing education that violates Ohio statutes or rules and may subject a
				continuing education provider or agent to administrative actions.
(B) Authority
This rule is promulgated pursuant to the authority vested in
				the superintendent under sections
				3901.041 and
				3905.486 of the Revised
				Code.
(C) Providers
The following are violations of the pre-licensing education and
				continuing education statutes and rules:
(1) Making any false, misleading or deceptive
			 statement or representation about the status of a course approval, the number
			 of hours for which a course topic is approved or
			 any other statement about a course or provider. The penalty for a single
			 violation is a forfeiture of five hundred dollars.
(2) The use of an unqualified instructor. The
			 penalty for a single violation is a forfeiture of five hundred
			 dollars.
(3) Failure to maintain
			 all necessary records for the required time periods. The penalty for a single
			 violation is a forfeiture of one hundred dollars.
(4) The use, submission or filing of any
			 document for the purpose of complying with the agent education statutes and
			 rules, or in responding to any inquiry from the superintendent concerning agent
			 education, when the provider knows or should know that the document, or any
			 part of it, is false or deceptive. The penalty for a single violation is a
			 forfeiture of one thousand dollars.
(5) Failure to use the approved course
			 outline. The penalty for a single violation is a forfeiture of one hundred
			 dollars.
(6) Failure to notify the
			 superintendent of changes to any course, previously approved, prior to course
			 offering. The penalty for a single violation is a forfeiture of one hundred
			 dollars.
(7) Failure to conduct the
			 approved course for the full time, as specified in the course application. The
			 penalty for a single violation is a forfeiture of one hundred
			 dollars.
(8) Failure to monitor
			 course attendance, course participation or completion of examination. The
			 penalty for a single violation is a forfeiture of five hundred
			 dollars.
(9) Failure to comply with
			 applicable Americans with Disabilities Act and "Equal Employment Opportunity"
			 regulations. The penalty for a single violation is a forfeiture of one hundred
			 dollars.
(10) Failure to provide
			 timely refunds to participants when required. The penalty for a single
			 violation is a forfeiture of one hundred dollars.
(11) Failure to file or the late filing of
			 any form or required information, other than attendance roster. The penalty for
			 a single violation is a forfeiture of one hundred dollars.
(12) Failure to timely file an attendance
			 roster. The penalty for a single violation is a forfeiture of five hundred
			 dollars.
(13) Failure to conduct a
			 course as it was approved or maintain course integrity. The penalty for a
			 single violation is a forfeiture of five hundred dollars.
(14) Obtaining the attendance or enrollment
			 of licensees or students by actual or implied coercion. The penalty for a
			 single violation is a forfeiture of five hundred dollars.
(15) The failure of a provider to timely
			 provide a certificate of completion to an attendee or the failure of a provider
			 to provide an attendee with an accurate certificate of completion. The penalty
			 for a single violation is a forfeiture of two hundred dollars.
(16) Failure to accurately report the actual
			 number of course hours attended for each individual. The penalty for a single
			 violation is a forfeiture of five hundred dollars.
(17) Failure to properly determine active
			 participation in a local, regional, state or national professional insurance
			 association activity. The penalty for a single violation is a forfeiture of
			 five hundred dollars.
(18)
			 Advertising that an agent may receive credit for simply becoming a member of an
			 association. The penalty for a single violation is a forfeiture of one thousand
			 dollars.
(19) Failure to provide a
			 written response to the superintendent within twenty-one days after receipt of
			 any written inquiry from the superintendent. The penalty for a single violation
			 is a forfeiture of fifty dollars.
(20) Failure to report disciplinary action
			 taken against the provider's authority by any regulatory body which grants a
			 license, registration or permission to conduct business. The penalty for a
			 single violation is a forfeiture of two hundred dollars.
(21)
									Sharing user
			 names and passwords when accessing department reporting application. The
			 penalty for a single violation is a forfeiture of five hundred
			 dollars.
(22) The violation of any provision of rule
			 3901-5-01,
			 3901-5-02,
			 3901-5-03,
			 3901-5-04,
			 3901-5-06 or
			 3901-5-07
			 of the Administrative Code may be grounds for termination of a provider's
			 authority to offer pre-license courses or continuing education courses in this
			 state.