3901-1-01 Public notice by publication.

(A) Purpose

The purpose of this rule provides for the giving of proper notice by publication for various sections of Chapter 1731., 1739., 1751., or 1761. or Title XXXIX of the Revised Code, or as additionally determined by the superintendent of insurance for promulgation to the public of such insurance matters as are of widespread public interest and which do not set forth with particularity the means, content and frequency of notice nor come under the notice requirements of Chapter 119. of the Revised Code .

(B) Authority

This rule is promulgated pursuant to the authority vested in the superintendent under section 3901.041 of the Revised Code.

(C) Other public notice by superintendent of insurance

Whenever Chapter 1731., 1739., 1751., or 1761. or Title XXXIX of the Revised Code, or as additionally determined by the superintendent of insurance require public notice to be given by the superintendent of insurance, and where the method and content of notice are not set forth with particularity, and do not fall within the notice requirements of Chapter 119. of the Revised Code . Such notice may be given by publication in a newspaper of general circulation of not less than ten thousand in Cuyahoga, Franklin, Hamilton, and Lucas counties.

(D) Public notice by insurance industry

(1) Whenever an insurance company or any individual or firm connected therewith, subject to the regulation and jurisdiction of the department of insurance, is required to give public notice by any section of the Revised Code of Ohio, in which the method and content of notice are not set forth with particularity, such public notice shall be given in accord with paragraph (C) of this rule hereof.

(2) Such public notice shall include:

(a) A synopsis or general statement of the subject matter involved.

(b) An indication of the company's position, or action to be taken, regarding the subject of notice.

(c) The date, time, and place of hearing, if any, or the effective date of action taken, or to be taken.

(E) Discretion to vary publication

Whenever the superintendent of insurance determines that the subject matter of public notice is of an unusual nature and appropriate for more widespread publication, the superintendent may direct that such notice be also made in newspapers of general circulation of not less than ten thousand in one or more of the following counties: Mahoning, Montgomery, Summit and Athens. Whenever the subject matter of public notice is of a regional nature, the superintendent of insurance may direct such special publication as appropriate. In any case, the superintendent of insurance may direct that publication be made more than once, as frequently as may be appropriate. In addition to the public notice provided by this rule, the superintendent of insurance may give, or order, such other means of notice as the superintendent deems necessary or appropriate.

(F) Severability

If any paragraph, term or provision of this rule is adjudged invalid for any reason, the judgment shall not affect, impair or invalidate any other paragraph, term or provision of this rule, but the remaining paragraphs, terms and provisions shall be and continue in full force and effect.

Effective: 11/10/2014
Five Year Review (FYR) Dates: 08/26/2014 and 08/26/2019
Promulgated Under: 119.03
Statutory Authority: 3901.041
Rule Amplifies: 119.01 to 119.14 , Chapters 1731., 1739., 1751., 1761. and Title 39
Prior Effective Dates: 8/15/1966