Chapter 3901-5 Continuing Education; Prelicensing Education

3901-5-01 Licensees.

(A) Purpose

The purpose of this rule is to establish continuing education (CE) requirements, standards and procedures for insurance agents.

(B) Authority

This rule is promulgated pursuant to the authority vested in the superintendent under sections 3901.041, 3901.20, 3905.16, 3905.486, and 3905.95 of the Revised Code.

(1) The first twenty-four month compliance period for a person who is first issued a license as an agent on or after June 30, 1998 shall commence on January first of the year following the year of the issuance of the license and shall end on December thirty-first of the second year following the year of the issuance of the license. Every subsequent twenty-four month period shall constitute a compliance period. Each compliance period shall commence on January first immediately following the preceding compliance period and shall end on December thirty-first of the second year after the preceding compliance period.

(2) A person who holds a license that was issued prior to June 30, 1998, shall retain his or her current compliance period.

(3) The first twenty-four month compliance period for a person who returned to active status pursuant to 3901-5-09(L) shall commence on January first of the year following the year of the reactivation of the license and shall end on December thirty-first of the second year following the year of the issuance of the license. Every subsequent twenty-four month period shall constitute a compliance period. Each compliance period shall commence on January first immediately following the preceding compliance period and shall end on December thirty-first of the second year after the preceding compliance period.

(4) The first twenty-four month compliance period for a licensee from another state who has made Ohio his state of residence shall commence on January first of the year following the year of the issuance of the resident license and shall end on December thirty-first of the second year following the year of the issuance of the license. Every subsequent twenty-four month period shall constitute a compliance period. Each compliance period shall commence on January first immediately following the preceding compliance period and shall end on December thirty-first of the second year after the preceding compliance period.

(D) CE Transcripts

(1) Following the completion of a licensee’s twenty-four month compliance period, the department shall issue a CE transcript to each resident licensee.

(2) If the CE transcript indicates that a resident licensee has completed the required number of CE hours for that compliance period and is reported as being in compliance with the CE requirements of this state, no additional documentation or reporting is necessary for that compliance period unless instructed by the Department.

(3) If the CE transcript indicates that a resident licensee has not completed the required number of CE hours for that compliance period and is reported as being in non-compliance with the CE requirement of this state, it is the individual licensee’s responsibility to prove that the licensee actually completed the required CE hours and to prove compliance with this rule.

(4) If the licensee is seeking an extension or the inactivation or surrender of licenses, the licensee must complete the necessary form as required by the department.

(5) A licensee’s failure to receive the department’s CE transcripts does not relieve the licensee of the responsibility to timely complete the CE requirements.

(E) Extensions

(1) The superintendent may grant a licensee a reasonable extension of time in which to complete the minimum number of hours of continuing education if the superintendent finds that the licensee is or was unable to do so as a result of a disability or special circumstances.

(2) It is the licensee’s responsibility to request an extension. Requests must be made in writing prior to the end of the compliance period for which the extension is requested or as soon as practicable thereafter. Requests should include supporting documentation and the required fee.

(3) When an extension is granted, it applies only to that compliance period. If the disability or special circumstances extends to a subsequent compliance period, another extension must be requested. Permanent conditions are not eligible for an indefinite extension.

(F) Exemptions

(1) The CE requirements contained in division (A) of section 3905.481 of the Revised Code do not apply to the following persons:

(a) Persons who have been granted inactive status pursuant to section 3905.16 of the Revised Code.

(b) Business entities which hold licenses are exempt from the CE requirements of this state. Licensees who are natural persons and who are affiliated with a business entity are not exempt from the CE requirements of this state.

(c) Persons who hold only title insurance licenses and do not hold any other license as an insurance agent other than a limited authority license provided they complete at least ten hours of approved CE that is directly related to the title insurance business during each compliance period.

(d) Persons who hold one or more limited authority licenses but who do not hold any other type of agent license.

(e) Persons who hold surety bail bond licenses.

(G) Surety Bail Bond Licenses

(1) Persons who hold only a surety bail bond license must complete at least fourteen hours of approved surety bail bond CE during each compliance period.

(2) Persons who hold a surety bail bond license in addition to any other agent license other than a limited lines license must complete twenty hours of CE, of which fourteen hours must be approved surety bail bond CE.

(H) Credits

(1) A person who moves to Ohio from another state and becomes a resident licensee may not carry over any CE credits from the other state.

(2) At the discretion of the superintendent, credit may be given for a course that is held prior to the issuance of a written approval of such course by the superintendent.

(3) If a course is taken more than once in a compliance period by the same person, credit may be given only for the first time that person took and completed the course.

(4) Partial credit, rounded down in one hour increments, may be given for classroom courses only at the provider’s option.

(a) The provider may, but is not required to, give refunds for the portion of the course unattended. The provider’s refund policy on partial attendance must be disclosed pursuant to the requirements of rule 3901-5-04(E)(6).

(b) If partial credit is given, the course participation fee must be paid to the department or its designee in the amount required as if the agent had attended the entire class.

(5) To qualify for CE credit, both the course and the provider must be approved by the superintendent.

(6) Credit hours awarded in one compliance period cannot be carried over or applied in any other compliance period.

(I) Credit for publication and instruction

(1) A person may receive up to ten hours CE credit per reporting period for the publication of articles or books authored by such person. Articles and books must deal with matters directly related to the business of insurance. An article must be published in a generally known and recognized state or national publication. The extent to which such credit may be given shall be at the discretion of the superintendent. A request for such credit must be made in writing and must be accompanied by proof of authorship and publication. Credit will be given only once for each approved article or book.

(2) CE credit may be allowed for the authors of written materials used in approved CE courses on a one-time per course basis. The author will be allowed the number of CE credit hours for which the course was approved. If there are multiple authors of the written course materials, no author will receive more than his or her pro rata share as determined by the provider. The total number of hours received by all authors for a course cannot exceed the total number of hours for which the course is approved. A request for such credit must be made in writing and must be accompanied by proof of authorship.

(3) Instructors for approved CE courses may receive CE credit for instructing courses. Credit may be given in an amount equal to two times the number of hours actually spent instructing a course. Credit will be given only once per course per compliance period.

(4) A person who authors materials for an approved course and teaches the same course in a compliance period may receive credit for authoring the written materials or instructing the course, but not for both activities in any one compliance period, subject to paragraph (H)(3) of this rule.

(J) Unfair and deceptive act or practice

The making of any misrepresentation, or any untrue, misleading or deceptive statement or assertion in support of or in connection with a request for an exemption, extension or for inactive status is an unfair and deceptive act or practice in the business of insurance.

(K) 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, and the remaining paragraphs, terms and provisions shall be and shall continue in full force and effect.

Effective: 09/22/2005

R.C. 119.032 review dates: 07/08/2005 and 12/31/2009

Promulgated Under: 119.03

Statutory Authority: 3901.041, 3901.20, 3905.16, 3905.486, 3905.95

Rule Amplifies: 3905.481, 3905.88

Prior Effective Dates: 10/12/1998, 7/8/2002

3901-5-02 Provider approval.

(A) Purpose

The purpose of this rule is to establish the procedure employed by the Ohio department of insurance in reviewing the application of entities described in division (C)(1) to (C)(5) of section 3905.484 of the Revised Code to be a provider of insurance continuing education courses.

(B) Authority

This rule is issued pursuant to the authority vested in the superintendent under section 3901.041, 3905.481, 3905.484 and 3905.486 of the Revised Code.

(1) “Authorized Provider Official” is the person designated by a provider as the individual responsible for the conduct of a continuing education course and that course’s instructors, monitors, and the employees of the provider.

(2) “Provider” is any person permitted pursuant to division (C)(1) to (C)(5) of section 3905.484 of the Revised Code to offer continuing education courses.

(D) Application

(1) An application shall be made on a form prescribed by the superintendent and shall include the following:

(a) The name and address of the applicant.

(b) The type of provider.

(d) An application for the approval of at least one course in the form established in rule 3901-5-03 of the Administrative Code.

(e) A statement that the applicant is in compliance with the Americans with Disabilities Act and all applicable state or federal EEO requirements.

(f) Any additional information requested by the superintendent.

(2) The department shall review all provider applications within sixty days of receipt.

(a) If the applicant submits an application that is incomplete or if the application lacks information deemed necessary by the department, the department will return the application with a letter indicating areas which must be addressed in order for the department to continue the approval process. The provider application fee will be returned to the provider for first time filing rejections. The filing fee will be retained by the department for any subsequent provider filings which are rejected. If the department does not receive a reply within thirty days of return of the application, the filing will be terminated.

(b) If a provider’s application is approved the provider will be notified in writing of this approval as a CE provider at the time the provider’s first course is approved and will be assigned a provider number.

(3) A provider must apply for renewal of its provider status annually no later than November 15. At the time the provider applies for renewal it must submit at least one new or renewal course application.

(E) Authorized provider official

(1) An Authorized provider official is the individual responsible for obtaining continuing education provider approval, course approvals, verifying the qualifications of instructors, submitting instructor registration forms, providing course schedules, monitoring classroom attendance, administering examinations (where applicable), and submitting course completion rosters and fees to the department or its designee, and providing any other documents required by the department.

(2) An Authorized provider official may cause a facsimile signature stamp to be created and used for the purpose of providing signatures on provider rosters and completion certificates. An original signature and an example of the facsimile stamp must be provided to the department where it will be maintained on file. A facsimile stamp will only be accepted by the department when it is in an ink other than black.

(F) Severability

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

Effective: 04/05/2007

R.C. 119.032 review dates: 12/29/2006 and 12/30/2011

Promulgated Under: 119.03

Statutory Authority: 3905.486, 3901.041, 3905.484

Rule Amplifies: 3905.484 (c)

Prior Effective Dates: 12/31/93

3901-5-03 Continuing education course approval.

(A) Purpose

The purpose of this rule is to establish a procedure for the review and approval of continuing education courses which licensed agents must complete for the purpose of maintaining their licenses.

(B) Authority

This rule is issued pursuant to the authority vested in the superintendent under sections 3901.041 and 3905.486 of the Revised Code.

All requests for approval of a course must be made in the manner prescribed by the superintendent and shall contain the following information.

(1) A description of:

(a) The number of requested credit hours and length of the course. For purposes of this rule a credit hour must provide for no less than fifty minutes of instruction. Breaks, introductions, lunches, announcements, or other non- instruction time is to be excluded in calculating the credit hours requested. Each course shall be a minimum of one credit hour, and shall be in increments of whole or one-half credit hours.

(b) The lines of insurance to which the course relates.

(c) The purpose or objective of the course and how the material offered will increase the knowledge of insurance and related subjects for the participants.

(d) The names of the authorized provider officials as defined in rule 3901-5-02 of the Administrative Code.

(e) The course tuition and the provider’s fee refund policy, which must conform to the requirements of rule 3901-5-04 of the Administrative Code.

(f) The method of presentation.

(g) The time, date, and location of the course, if known. If the course will be offered more than once, the date, time and location for each offering shall be provided, if known.

(2) A detailed content outline which contains a description of each topic to be covered by the course. This outline must specify the time components spent on each topic and the description must be sufficiently detailed to justify the request for each credit hour. The outline shall contain:

(a) The proposed time component.

(b) The specific material to be covered in each time component.

(d) The justification for the time allotted to each component to teach or instruct that component.

(3) A description of materials to be employed by the instructor in teaching the course including a copy of the promotional brochures currently in use or proposed to be used for the course once approved by the Department. All promotional material must include:

(a) The level of the course (i.e. introductory, intermediate, advanced).

(b) Information about the experience and qualifications of each instructor. In lieu of including this information in the materials, a provider may make it available upon request to any person.

(4) A description of how the course is to be administered including:

(a) The criteria used by the provider in selecting instructors.

(b) The method of verification of attendance or completion of the course.

(c) For self study (correspondence) courses, the time restrictions imposed by the provider upon the participants for the completion of the course.

(d) For self study courses, identification of the course and examination format as:

(i) On-line course with interactive chapter or section questions,

(ii) On-line course with on-line examination, or

(iii) On-line or paper course with mail-in examination.

(iv) Self study (any method) with proctored examination.

(v) Other formats as approved by the Superintendent.

(5) If course approval is being requested through the use of an approved multi-state form, the provider must submit the completed form and any required attachments as noted on the form.

(6) Any other information the superintendent may request.

(D) Standards for review of course application

(1) In order for a course to be approved by the Ohio Department of Insurance as an acceptable continuing education course, at a minimum, the course must:

(a) Be offered by an approved provider.

(b) Use the most recent policy forms filed in Ohio, editions, and laws to the extent possible.

(c) Have significant intellectual or practical content that enhances and improves the agent’s insurance knowledge or professional competence. A course should be an organized program of learning dealing with matters directly related to insurance, the insurance industry, professional competence, ethical obligations, insurance office operations or management or similar subjects that will promote the purposes of this rule.

(d) Meet all other criteria set forth in this rule.

(E) Instructor qualification

(1) The authorized provider official is responsible for verifying that instructors meet the required minimum qualifications. Instructors must meet one of the following qualification categories:

(a) Qualification one: the instructor or speaker holds a post graduate degree in insurance or a related field, or has one of the following professional designations:

“Chartered Life Underwriter” (“CLU”);

“Chartered Financial Consultant” (“ChFC”);

“Fellow Life Management Institute” (“FLMI”);

“Life Underwriting Training Council Fellow” (“LUTCF”);

“Chartered Property and Casualty Underwriter” (“CPCU”);

“Certified Insurance Counselor” (“CIC”);

“Registered Health Underwriter” (“RHU”); or

“Registered Employee Benefit Consultant” (“REBC”).

(b) Qualification two: the instructor or speaker has four years experience as a full- time employee or licensed agent interpreting or explaining insurance policy contracts and in addition holds as one or more of the following designations:

“Certified Employee Benefits Specialist” (“CEBS”);

“Certified in Long Term Care” (“CLTC”)

“Certified Senior Advisor” (“CSA”)

“Life Underwriting Training Council Graduate” (“LUTC Graduate”);

“Fraternal Insurance Counselor” (“FIC”);

“Associate in Underwriting” (“AU”);

“Program General Insurance” (“INS”);

“Accredited Advisor Insurance” (“AAI”);

“Associate in Claims” (“AIC”);

“Associate in Risk Management” (“ARM”);

“Associate in Premium Auditing” (“AIPA”);

“Associate in Management (“AIM”);

“Associate in Loss Control Management” (“ALCM”);

“Associate in Premium Auditing” (“APA”);

“Associate in Research and Planning” (“ARP”);

“Associate in Insurance Accounting and Finance” (“AIAF”);

“Associate in Marine Insurance Management” (“AMIM”);

“Associate in Automation Management” (“AAM”);

“Associate in Reinsurance” (“ARE”);

“Associate in Fidelity and Surety Bonding” (“AFSB”); or

Associate or bachelor degree with a specialization in insurance.

(2) A provider shall verify each instructor’s relevant qualifications and shall be prepared to provide evidence of such qualifications to the department upon request.

(3) Instructors must be knowledgeable in the subject that they teach in a course.

(4) Instructors may receive CE credits for a course which they teach. A course shall be eligible for instructor’s CE credits only once during a compliance period and the instructor may receive double the number of credit hours which they teach.

(5) Insurance company trainers as instructors must be full-time salaried employees of the insurance company sponsoring the course and must have as part of their full- time responsibilities the duty to provide insurance company training.

(6) College and university instructors may be full-time or adjunct faculty of the accredited college or university, must be teaching a curriculum course in his or her field of expertise, and must meet the requirements of the association that accredits the college or university.

(F) Review of application

(1) The department shall review each application within thirty days of the date of receipt of a complete application and appropriate fees. The effective date of a course approval shall be within the superintendent’s discretion.

(2) If the provider submits a course application which is incomplete or if the application lacks information deemed necessary, the department may return the application with a letter indicating the areas which must be addressed in order for the department to continue the approval process. The course filing fee is non-refundable and non-transferable, and the department will retain the course filing fee. If the department does not receive a reply to this rejection letter within thirty days of the date of the letter, the filing may be terminated, and fee forfeited.

(3) Providers will be notified in writing of the approval of each course and of the course number assigned to it by the department. A course is approved from the date of approval until December thirty-first of the same year in which the course is approved. The course must be renewed on an annual basis in order for the provider to continue offering the course. An application for renewal shall made by November fifteenth.

(4) Based upon a review of the application the Department of Insurance may approve a course for fewer credits than requested, and a provider shall only offer and award the number of credit hours as approved.

(G) Self-study courses

(1) A self-study course is defined for purposes of this section as any continuing education course which is completed by self study and which does not require a licensee to attend organized classes. A self-study course may be:

(a) An interactive on-line course which has at the end of each chapter or section a series of questions designed to test the student’s subject matter knowledge of that chapter or section. The student shall not advance to the next chapter or section until the student has successfully answered all the questions for the previous chapter or section. The student may review the material in order to answer a question. An interactive on-line self-study course is not required to have a final examination,

(i) Interactive on-line courses must be designed so as to prevent the student from completing the course in a time unreasonably short when compared to the credit hour total approved for the course.

(b) A non-interactive on-line course which has a scored on-line final examination, or

(d) Any type of self study program with a proctored final examination.

(e) Other types of self study courses as the Superintendent may approve.

(2) In addition to providing all other information required pursuant to this rule, a provider shall include:

(a) for an on-line interactive course, the number of questions that appear at the end of each chapter or section, a sample of the questions, references from the questions back to the text if requested by the department, and a copy of the answer key for the sample questions; or

(b) for a course which requires a final examination, the number of examination questions which will appear on the student’s examination, references from the examination back to the text if requested by the department, and a copy of the examination answer key with the application. The answer key shall indicate the total amount of credit possible for answering each question correctly. If essay questions are employed in the examination there must be an explanation as to how essay questions will be graded.

(3) The following are minimum requirements for on-line interactive chapter/section questions or final examinations:

(a) Multiple choice items must have a minimum of four options.

(b) Multiple choice items must have only one correct response.

(d) No correct answer to one question shall provide a clue to the correct answer to any other questions in the chapter/section or examination.

(e) Questions shall be clearly written.

(f) Questions shall adequately cover the course material set out in the course outline.

(4) In order to obtain credit for a self-study course the licensee must either:

(a) Complete an interactive on-line course having answered one hundred percent of each chapter’s/section’s questions correctly; or

(b) Receive a grade of seventy percent or greater on the final examination.

(5) A final examination shall be administered only upon completion of the self-study course.

(6) Each student shall certify that he or she completed the course and, if applicable, the examination without assistance. If the examination is monitored, the provider or proctor may check ID to identify students.

(7) Details on how the examination materials are to be returned to the provider shall be included in the instructions

(H) Organization or association meeting credit

A state insurance professional association or organization that is an approved provider pursuant to rule 3901-5-02 and that is affiliated with a national association or organization may file a course application and roster for annual association meetings conducted by the national association or organization.

(1) The course application must be filed prior to the meeting.

(2) The method of attendance verification shall be determined by the provider.

(3) Fees

(a) No course fee shall be charged.

(b) The roster fee must be paid.

(I) 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: 09/22/2005

R.C. 119.032 review dates: 07/08/2005 and 12/31/2009

Promulgated Under: 119.03

Statutory Authority: 3901.041, 3905.486

Rule Amplifies: 3905.484

Prior Effective Dates: 10/12/98, 7/8/02

3901-5-04 Market practices/audit.

(A) Purpose

The purpose of this rule is to establish criteria, standards and procedures for providers of continuing education programs.

(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.

(1) A course must be offered and presented as approved. The failure to do so may result in a denial of CE credit for the course.

(2) A provider must inform the department, in writing, of any change in a course’s location, date or time no later than fifteen days prior to the course. Written notice of any other changes to a provider or course application must be given to the department no later than fifteen days subsequent to the effective date of the change. Notice of such changes must contain the activity number for each course.

(3) Providers may not change a course’s content or outline without prior written approval of the department. Failure to obtain such written approval in advance of the course may result in a denial of CE credit for the course.

(4) An approved course must be in session on the date(s) scheduled, during the specified hours and at the designated location unless cancelled in accordance with paragraph (C)(5) of this rule or unless notification of any change is given to the department in accordance with paragraph (C)(2) of this rule.

(5) If an approved course is cancelled, or if a licensee cancels in advance of the date of the course, the provider must refund all fees in full within forty-five days of the cancellation unless a different refund policy is conspicuously printed on the provider’s materials.

(6) If a course is postponed to a later date or moved to a different location, the provider must offer each licensee who is scheduled to attend the option of a full refund in lieu of attending the class.

(7) A provider will comply with the EEO and the Americans with Disabilities Act.

(8) Facilities must be large enough to comfortably accommodate all attendees and instructors and must be conducive to the education process.

(9) Facsimile or electronic transmission of filings required under this rule will not be accepted without prior authorization.

(D) Attendance rosters

(1) Each provider shall maintain accurate attendance records for each course. Providers must obtain the licensees’ signatures and appropriate verification of the time of arrival and departure.

(2) Within fifteen days after completion of a course, the provider shall file an attendance roster, or other documentation acceptable to the superintendent, which identifies each licensee who completed the course. The roster must include the name, address, and license identification number of each licensee. If partial credit is being given, the provider must note on the attendance roster the actual number of credits to be given to that licensee. The participation fee amount must be equal to the number of credits approved for the course.

(3) Instructors may receive double the number of credit hours which they taught. Any instructor for whom CE credit is sought shall also be identified on the attendance roster with a notation of the total number of credits that are to be given for the instruction. Providers must include a participation fee equal to the number of credits given to the instructor.

(4) The provider’s failure to timely file an attendance roster, or other acceptable documentation, may result in a denial of CE credit for those licensees who attended the course.

(E) Advertising

(1) All CE advertising or promotion of any kind must contain all of the following:

(a) The complete name of the provider as it appears on the application for provider approval;

(b) The complete title of the course as it appears on the application for course approval;

(d) Whether an exam is required in order to receive CE credit.

(e) Level of course instruction (i.e. introductory, intermediate, advanced).

(2) A provider may not represent that a course has been approved for CE credit in Ohio until the superintendent issues written approval of course. A provider may represent that an application for CE approval is pending, but if a provider does so and approval is not granted, the provider must make a full refund of all fees. If a provider represents that approval is pending, the provider must also state, in substance, that the superintendent could approve the course for fewer hours than requested.

(3) A provider shall not offer any guarantee or represent that there is any guarantee that a licensee will pass a required examination.

(4) If several approved courses are offered together, all advertising and promotional materials must separately identify each approved course and the respective number of CE credit hours for which each course is approved.

(5) In advertising or promoting itself or any of its courses, a provider shall not make any representation or statement, or cause or permit another to make any representation or statement which is false, deceptive or misleading.

(6) A provider’s refund policy must be clearly and conspicuously disclosed in all advertising and on all printed promotional materials.

(F) Audit

(1) The superintendent may audit a provider’s records and courses at any time without prior notice.

(2) The instructors at an approved course may be required to provide proof of identity upon request during an audit of a course.

(G) Records retention

(1) Each provider shall retain all records which pertain to its Ohio CE activities for a minimum of four years.

(2) A provider must be able to verify who attended and completed each course for a minimum of four years following the completion of such course.

(H) Forms

(1) All forms required by this rule may be obtained from the Ohio department of insurance. The forms may be copied.

(2) Providers will receive a complete set of blank forms upon approval. Additional blank forms are available from the department on a limited basis. Providers who make repeated requests for blank forms or requests for large quantities of blank forms may be charged a fee.

(I) Certificate of completion

A provider shall provide a certificate of completion to each licensee within seven days of the conclusion of a course. The certificate of completion shall contain the name and license number of the licensee, the name and identification number of the course, the date(s) the course was held, the number of credit hours completed by the licensee and the name and identification number of the provider. A representative of the provider shall sign each certificate.

(J) Severability

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

Effective: 09/22/2005

R.C. 119.032 review dates: 07/08/2005 and 12/31/2009

Promulgated Under: 119.03

Statutory Authority: 3901.041, 3905.486

Rule Amplifies: 3905.484

Prior Effective Dates: 12/31/93, 10/12/98

3901-5-05 Violations.

(A) Purpose

The purpose of this rule is to establish what conduct may be a violation of Ohio statutes and rules that would subject the person to administrative actions.

(B) Authority

This rule is issued pursuant to the authority vested in the superintendent under sections 3901.041 and 3905.486 of the Revised Code.

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 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 department 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 department of allowable changes to any course, previously approved, within the fifteen day period for such changes. The penalty for a single violation is a forfeiture of fifty 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. 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 other required information. The penalty for a single violation is a forfeiture of one hundred dollars.

(12) The failure to appropriately monitor an examination. The penalty for a single violation is a forfeiture of five hundred dollars.

(13) 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.

(14) 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.

(15) 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.

(16) 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.

(D) Licensee

The following are violations of the pre-licensing education and continuing education statutes and rules:

(1) The use, submission or filing of any document or record for the purpose of complying with the agent education statutes and rules, or in responding to any inquiry from the department concerning agent education, when the person or licensee knows or should know that the document or record, or any part of the document or record, is false or deceptive shall be grounds for the superintendent to suspend, revoke, or refuse to issue any licenses as insurance agent.

(2) Obtaining, accepting or using any certificate of completion or certificate of attendance from a provider when the licensee has not attended the course or the number of hours identified on the certificate shall be grounds for the superintendent to suspend, revoke, or refuse to issue any licenses as insurance agent.

(3) Cheating or using unauthorized materials or receiving unauthorized assistance during an examination shall be grounds for the superintendent to suspend, revoke, or refuse to issue any licenses as insurance agent.

(E) Application of penalties

(1) The superintendent may suspend, revoke, non-renew or deny authority to any pre-licensing education or continuing education provider who has committed multiple violations of paragraph (C) of this rule. This penalty may be in addition to the forfeitures levied pursuant to paragraph (C) of this rule.

(2) The superintendent may, once a violation of paragraph (C) or (D) of this rule requiring a forfeiture has been found, suspend all or part of such forfeiture, upon a showing of mitigating circumstances.

(F) Severability

Effective: 09/22/2005

R.C. 119.032 review dates: 07/08/2005 and 12/31/2009

Promulgated Under: 119.03

Statutory Authority: 3901.041, 3905.486

Rule Amplifies: 3905.16, 3905.482, 3905.484

Prior Effective Dates: 12/31/93, 10/12/98

3901-5-06 Fees.

(A) Purpose – The purpose of this rule is to establish the fees to be charged for certain services and transactions for the prelicensing and the continuing education programs.

(B) Authority – This rule is issued pursuant to authority vested in the superintendent under section 3901.041, 3901.043 and 3905.481 to .486 of the Revised Code.

(1) Every continuing education provider shall pay the non-refundable fee established in paragraph (C)(2) of this rule. The fee is due with the submission of the provider application. Per course fees where applicable shall be submitted with the request for course approval. Every potential continuing education provider shall submit at least one program for approval with the application to be an authorized continuing education provider.

(2) The applicant shall select one of the fees listed below. If the status of the provider changes during the year and a different fee is due, the new fee will be in addition to the previous payments with no credit for the prior payments.

(a) Flat fee provider. The fee is one thousand dollars per year, which covers the application fee and the course approval fees for all courses approved during the year.

(b) Individual fee provider. The fee is one hundred dollars for approval of the provider application, plus forty dollars for each course approval.

(c) Limited fee provider. The fee is twenty-five dollars for approval of the provider application, plus twenty-five dollars for each course approved. A provider electing this status is limited to offering no more than three courses of no more than three hours each, during the year.

(D) Continuing education licensee participation fee

(1) Filing of course roster, listing of all licensees enrolled for continuing education credit $1.00 per person/per course approved credit hour

(E) Continuing education licensee – schedule of fees

(1) Request for extension within allowable extension period $100.00

(2) Reactivation of license suspended for CE $300.00

(F) Pre-licensing education – schedule of annual, non-refundable fees

(1) Provider application fee for provider or school $300.00

(2) Registration of each instructor $ 25.00

(3) Provider renewal fee $300.00

(4) Provider renewal fee for renewals received by the Department after December 31 of the year in which the previous approval expires. $500.00

(G) Miscellaneous fees

(1) Processing fee as a result of submitting any check, money order or other instrument which is returned to the department for insufficient funds, account closed or for any other reason $ 30.00

The superintendent may require a certified check from any licensee or provider whose check has been dishonored.

(H) Severability

Effective: 09/22/2005

R.C. 119.032 review dates: 07/08/2005 and 12/31/2009

Promulgated Under: 119.03

Statutory Authority: 3901.041, 3901.043, 3905.481 to .486

Rule Amplifies: 3905.482, 3905.485

Prior Effective Dates: 12/31/1993

3901-5-07 Regulation of agent prelicensing education.

(A) Purpose

The purpose of this rule is to establish the criteria for agent prelicensing education and to establish certain examination requirements.

(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.

As used in this rule:

(1) “Authorized provider official” means the person designated by a provider and approved by the superintendent as a person who is responsible for a provider’s compliance with the prelicensing education regulations and who is responsible for a provider’s integrity and operation.

(2) “Authorized provider personnel” means any person identified by a provider as being authorized to certify a provider certification of course completion form, a certificate of prelicensing course completion form, a schedule of courses form, student registration forms and attendance forms.

(3) “Board” means the “Insurance Agent Education Advisory Board.”

(4) “Classroom time” means the time a registered instructor spends in a classroom setting during an approved prelicensing course providing actual instruction. It may include a reasonable amount of testing but not the time a student spends studying, preparing for a course or receiving marketing or sales technique instruction.

(5) “Self study” means any prelicensing course that does not require a student attend organized classes, is completed by individual study, and ends with a proctored final examination given by the approved prelicensing provider.

(6) “Course” means hours of instruction offered by a provider approved by the superintendent to offer insurance education in one of the following categories:

(i) property insurance,

(ii) casualty insurance,

(iii) life insurance/variable annuities,

(iv) accident and health insurance;

(v) personal lines insurance and

(vi) surety bail bond insurance.

(7) “Program of insurance education” means a provider’s overall curriculum.

(8) “Provider” means an organization or person approved by the superintendent to offer agent prelicensing courses.

(9) “Superintendent” means the superintendent of insurance.

(D) Exemptions

(1) Any person with a bachelor’s or associate’s degree in insurance from an accredited institution shall be exempt form agent prelicensing education requirements. Such person shall provide verification of the degree prior to registering for the examination in order to receive a prelicensing education waiver from the superintendent.

(2) Any person with the professional designation of “Chartered Property and Casualty Underwriter” (“CPCU”) shall be exempt from agent prelicensing education requirements for property and casualty and for personal lines insurance lines of authority. Such person shall provide verification of the designation prior to registering for the examination in order to receive a prelicensing education waiver from the superintendent.

(3) Any person with the professional designation of “Chartered Life Underwriter” (“CLU”) shall be exempt from agent prelicensing education requirements for life, accident and health insurance, and variable annuity lines of authority. Such person shall provide verification of the designation prior to registering for the examination in order to receive a prelicensing education waiver from the superintendent.

(4) No person who has surrendered an insurance license or who has had an insurance license suspended, inactivated or revoked may use the exemptions in paragraphs (D)(1), (D)(2), or (D)(3) of this rule.

(E) Program of insurance education approval

(1) No person or organization shall offer any agent prelicensing education until an application is submitted to the superintendent and the superintendent issues a written approval of the program of insurance education.

(2) An application for prelicensing provider approval shall be on forms prescribed by the superintendent and include an application for provider approval, registration for authorized provider official, registration for authorized provider personnel, a financial interest statement and registration form for each instructor. The application shall be completed by the authorized provider official.

(3) If the superintendent determines that the applicant is suitable to offer a program of insurance education, the superintendent will issue a letter of approval and assign a prelicensing provider identification number to the provider.

(4) The initial approval of a provider shall be from the date of approval through the thirty-first day of December of the same year in which the approval is granted except an initial approval which is granted after the thirty-first day of October shall continue through December 31 of the year following the year in which approval is granted.

(5) The authorized provider official shall notify the superintendent, in writing, of any change to the provider application or renewal application, including but not limited to, the identity of the authorized provider official or authorized provider personnel, provider address, provider telephone number, or provider name. The notification shall be made within fifteen days of the effective date of the change. Any change in instructors, the types of courses to be offered and changes in the ownership or control of the provider require approval in accordance with paragraph (E)(2) of this rule.

(6) Only qualified and registered instructors may teach providers’ classroom courses.

(7) Instructors must be qualified in accordance with paragraph (F) of this rule and may instruct only those categories of insurance for which they are registered and for which the provider is approved.

(8) No person may teach or hold himself out as qualified to teach prelicensing education courses except as a registered instructor for an approved provider.

(9) To be eligible to be the designated authorized provider official, a person shall be of good character and business repute and shall agree to be responsible for the provider’s compliance with the laws and regulations relating to prelicensing insurance education programs. A person who has had an insurance license suspended, revoked or surrendered for cause in any state is not eligible to serve as an authorized provider official.

(F) Instructor qualifications

All instructors for agent prelicensing insurance education programs must meet the following criteria:

(1) The individual must be of good character and business repute.

(2) The individual has never had an insurance license revoked, suspended or surrendered for cause in any state.

(3) If the individual is to instruct property and casualty insurance courses or personal lines insurance courses, the provider must demonstrate that the individual:

(a) Holds a valid designation of “Chartered Property and Casualty Underwriter” (“CPCU”) or any other professional designation approved by the superintendent; or

(b) Has worked continuously in the property and casualty insurance industry for the preceding three years and currently has one of the following professional designations: “Accredited Advisor in Insurance” (“AAI”), “Certified Insurance Counselor” (“CIC”) or any other professional designation approved by the superintendent; or

(4) If the individual is to instruct a life accident and health insurance or variable annuity course, the provider must demonstrate that the individual:

(a) Holds a valid designation of “Chartered Life Underwriter” (“CLU”), “Chartered Financial Consultant” (“CHFC”), “Fellow of the Life Management Institute” (“FLMI”) or any other professional designation approved by the superintendent; or

(b) Has worked continuously in the life insurance, sickness and accident insurance or variable annuity industries for the preceding three years and holds a valid designation of “Life Underwriter Training Council Fellow” (“LUTCF”) or any other professional designation approved by the superintendent; or

(c) Has worked continuously in the life insurance, accident and health insurance or variable annuity industries for the preceding five years.

(5) If the individual is to instruct a surety bail bond insurance course, the provider must demonstrate that the individual:

(a) Has been licensed as a surety bail bond agent continuously for the preceding three years ; or

(b) Has worked continuously in the surety bail bond industry for the preceding five years.

(G) Provider Operations

(1) A provider shall provide the most recent edition of the Ohio department of insurance licensing information bulletin, and any supplements, to each student who attends any part of a course.

(2) The instruction of any course shall be in accordance with the most recent edition of the Ohio department of insurance licensing information bulletin and any supplements.

(3) A registration form, prescribed by the superintendent, must be completed and signed by the authorized provider official and each student prior to the beginning of a course. Such form is in addition to any other registration form or procedure, which may be used by the provider.

(4) The provider shall give each student a copy of the completed and signed registration form and shall retain the original registration form.

(5) A provider cannot offer or conduct courses in a category of insurance for which the provider has not received approval from the superintendent.

(H) Courses

(1) Classroom

(a) The minimum number of enrolled students shall be two and the maximum number shall be fifty. A student is considered enrolled when a registration form, or a form which contains substantially the same information, is completed and signed by the student and authorized personnel. Only students who are taking a course for the purpose of complying with the prelicensing education requirements shall be deemed enrolled for purposes of this section.

(b) All courses must begin and end as scheduled and the required hours of class time shall be provided for each course.

(c) An attendance record shall be kept for each course. The attendance record must contain the full name of the provider, type of course, and commencement and ending dates of the course. Each student shall sign the attendance form upon arrival and upon departure from each session of the course and shall note the time of arrival and departure.

(d) A course schedule shall be filed with the department no later than ten days before a course is scheduled to begin. Multiple courses may be included on a schedule as long as the schedule is filed at least ten days before the earliest course listed is scheduled to begin. Written notice must be given to the superintendent immediately upon cancellation of a scheduled course.

(e) Upon completion of a course, the authorized provider official shall submit to the superintendent, on a form prescribed by the superintendent, the names of each student who completed the course. The provider official shall identify the number of hours completed by each student.

(2) Self study

(a) In order to obtain credit for a self study course, an individual must receive a grade of seventy percent or greater on the proctored final examination given by the approved prelicensing provider.

(b) A provider’s self study examination shall be administered only upon completion of a self study course and shall be supervised by a monitor approved by the provider.

(c) Each student shall sign an affidavit provided by the approved provider stating that the student completed the examination without assistance.

(d) The following are minimum requirements for final examinations:

(i) Multiple choice items must have a minimum of four options;

(ii) Multiple choice items must have only one correct response;

(iii) Multiple choice answers must be grammatically consistent and parallel in form to eliminate obviously wrong answers;

(iv) No correct answer to one question shall provide a clue to the correct answer to any other questions in the chapter/section or examination;

(v) Questions shall be clearly written;

(vi) Questions shall adequately cover the course material.

(I) Certificates

(1) The authorized provider official shall provide a completed certificate of prelicensing course completion form to each student that certifies that the student completed the course. The certificate shall be on a form prescribed by the superintendent and shall be provided to each student within three days after the student completes the course. The certificate shall not be valid unless it contains the original signatures of the instructor or authorized provider personnel and the student. The back of the certificate shall contain an evaluation form for the student to complete.

(2) The certificate of prelicensing course completion is valid for one hundred eighty calendar days from the completion of the course or passing of provider’s self study proctored examination. If the one hundred eighty day period expires before the student passes the licensing examination, the student will not be eligible to sit for another licensing examination for that type of license until the student completes another approved prelicensing insurance education course for that license type.

(3) At the time a student registers with the testing service designated by the superintendent, the student must provide the provider’s identification number as it appears on the certificate of prelicensing course completion.

(4) A student shall not be permitted to sit for a licensing examination unless the student has an original and valid certificate of prelicensing course completion form or a notice of waiver code from the superintendent.

(5) The student shall submit two forms of identification, to the examination monitor, one of which shall be a photo identification.

(J) Provider renewal requirements

(1) A provider shall file an annual renewal application on a form prescribed by the superintendent no later than November 30th of each year. No provider shall conduct prelicensing education courses until the provider’s renewal application has been approved by the superintendent and the provider has received a renewal approval letter from the superintendent.

(2) The renewal application shall contain:

(a) An application for provider renewal;

(b) A registration for authorized provider official;

(d) A financial interest statement;

(e) A registration for each instructor;

(f) A past twelve month provider activity form; and

(g) Any additional information requested by the superintendent.

(3) The superintendent shall not renew a provider that fails to comply with any of the requirements of this rule.

(K) Non-renewal

(1) A provider that does not want to be renewed as an approved prelicensing provider shall submit a non-renewal form to the superintendent.

(2) A provider that does not want to renew approval of an instructor shall submit a non-renewal form to the superintendent.

(3) A provider that has received a non-renewal letter from the superintendent and wants to be reapproved shall file an application for provider approval with the superintendent.

(4) The non-renewal of a provider does not affect the validity of certificates of completion of prelicensing course that the provider issued prior to the non-renewal.

(L) Audit and records retention

(1) A provider shall keep the original student registration forms for four years after completion of a course.

(2) A provider shall keep copies of all certificates of course completion for four years after completion of a course.

(3) A provider shall keep a copy of all proctored self study exams for four years after completion of a course.

(4) A provider shall keep a copy of the rosters submitted to the superintendent for four years after completion of a course.

(5) A provider shall keep copies of all other records required by this rule for a minimum of four years.

(6) A provider’s records are subject to inspection and audit by the superintendent at any time without prior notice.

(7) The superintendent may enter and observe a course at any time without prior notice.

(M) Severability

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

Effective: 07/01/2007

R.C. 119.032 review dates: 10/20/2006 and 12/22/2011

Promulgated Under: 119.03

Statutory Authority: 3901.041, 3905.486

Rule Amplifies: 3905.04, 3905.484

Prior Effective Dates: 12/31/93, 9/22/05

3901-5-09 Agent licensing and appointments.

(A) Purpose

The purpose of this rule is to set forth procedures and requirements for the licensing and appointment of insurance agents in this state; and to identify lines of authority eligible for limited lines licenses.

(B) Definitions

For purposes of this rule:

(1) “Insurer” and “insurance company” shall have the same meaning in this rule as “insurer” does in section 3901.32 of the Revised Code.

(2) “Clearance letter” is the certification to another state of an agent’s license status when moving out of Ohio.

(1) An applicant must comply with the requirements contained in sections 3905.05 and 3905.06 of the Revised Code for the appropriate line of authority.

(2) In applying for a individual license as an insurance agent, a resident of this state shall do all of the following:

(a) The applicant shall complete the following prelicensing education program requirements unless the applicant satisfies division (C)(1) of section 3905.04 of the Revised Code:

(i) Life, and variable life and variable annuity products: twenty hours;

(ii) Accident and health: twenty hours;

(iii) Property: twenty hours;

(iv) Casualty: twenty hours;

(v) Personal lines: twenty hours;

(vi) Surety bail bonds: twenty hours;

(b) Pass any required licensing examination as set forth in division (B) of section 3905.04 of the Revised Code;

(d) Submit a completed NAIC producer application form;

(e) Pay any required fees.

(3) A completed application may not be submitted until the applicant has passed any required licensing examination, but must be submitted within one hundred eighty calendar days of the applicant’s passing that examination.

(4) An applicant is not eligible for a license until the superintendent or the superintendent’s designee, as determined by the superintendent, receives a completed application including the completed application form, the criminal records check, any other information required by the superintendent and any required fees. An incomplete application cannot be processed by the superintendent and may be returned to the applicant.

(5) A license shall be deemed issued on the date it is processed and approved by the department.

(6) A license shall be issued in the legal name of the applicant.

(7) Term of license

(a) An agent’s license, excluding limited lines, surety bail bond, surplus lines, third party administrators, managing general agents, re-insurance intermediaries, public insurance adjusters, viatical settlement provider, and viatical settlement broker licenses, issued by the superintendent to an individual or business entity shall not expire unless the licensee surrenders the license or the superintendent suspends or revokes the license.

(b) Limited lines licenses shall expire on August thirty-first of each year unless renewed. Renewal of limited lines licenses shall be accomplished by:

(i) automatic renewal of licenses where the licensee has at least one active appointment on July first of that year; or

(ii) the licensee filing a renewal notice with the department prior to the August thirty-first expiration date. The renewal notice must be on a prescribed form approved by the superintendent.

(c) If an agent has active appointments at the time the agent’s licenses are suspended, revoked or surrendered, the superintendent shall notify the appointing companies or agents of the suspension, revocation or surrender.

(8) An agent must report to the department all demographic changes (i.e. name, resident address, business address, mailing address, etc.) within 30 days of the change.

(D) Nonresident individual agent licensing

(1) A nonresident individual who wishes to obtain a nonresident insurance agent license in this state, including a limited lines license, must do the following:

(a) Complete the NAIC uniform application;

(b) Comply with the requirements contained in section 3905.07 of the Revised Code.

(d) Comply with paragraph (E) of this rule if seeking a limited lines license.

(2) Upon satisfying the requirements of this rule, a nonresident agent license shall be issued to the applicant granting the applicant the same scope of authority as the applicant has under the license issued by the applicant’s home state.

(3) If the applicant’s home state does not issue nonresident insurance agent licenses to residents of this state, then the applicant must complete any licensing requirements that are imposed upon residents of this state.

(4) A nonresident license shall be deemed issued on the date it is processed and approved by the department.

(5) A nonresident agent who applies for a line of authority for which he is not licensed in his home state must fulfill the requirements for an Ohio resident agent license for that type of authority.

(6) An agent must report to the department all demographic changes (i.e. name, resident address, business address, mailing address, etc.) within 30 days of the change.

(7) A nonresident must maintain an active resident license in another state in order to maintain his nonresident Ohio license. Failure to maintain an active resident license is grounds for the revocation of an Ohio non-resident license. It is the agent’s responsibility to notify the department of a change in his resident license state.

(E) Limited lines licenses

(1) A person may obtain a limited lines license for one or more of the lines of insurance specified in paragraph (E)(2) of this rule so long as the following conditions are met:

(a) The person has submitted a completed application, using a form and means prescribed by the superintendent.

(b) Pay any required fees,.

(c) The applicant is of good reputation and character, is honest and trustworthy, and is otherwise suitable to be licensed.

(2) Limited lines licenses may be issued for the following lines of insurance:

(a) Credit insurance products as defined in division (G) of section 3905.01 of the Revised Code;

(b) Rental car insurance in accordance with rule 3901-5-10 of the Administrative Code;

(c) Crop insurance providing protection against damage to crops from unfavorable weather conditions, fire, or lightning, flood, hail, insect infestation, disease or other yield-reducing conditions or perils provided by the private insurance market, or that is subsidized by the Federal Crop Insurance Corporation, including Multi-Peril Crop Insurance;

(d) Funeral expense insurance sold to provide for payment of funeral or burial goods and services in accordance with sections 3905.45 and 3905.451 of the Revised Code so long as the agent is also a licensed funeral director in this state.

(e) Travel insurance coverage for trip cancellation, trip interruption, baggage, life, sickness and accident, disability, and personal effects when limited to a specific trip and sold in connection with transportation provided by a common carrier;

(f) Title insurance marketing representative as provided in paragraph (F) of this rule;

(g) Any limited lines insurance agent license as required by section 3905.072 of the Revised Code.

(3) No prelicensing education, licensing examination or continuing education is required for a limited lines license.

(4) Limited lines licenses are subject to section 3905.14 of the Revised Code and all other requirements for agents, except as provided in this rule.

(5) The holder of a limited lines license may not sell, solicit, or negotiate insurance on behalf of any insurer unless appointed to represent that insurer.

(6) The superintendent has discretion to investigate the suitability of an applicant for a limited lines license and may refuse to issue a limited lines license for any of the reasons that the superintendent may refuse to issue a full-lines agent’s license.

(F) Title insurance marketing representative

(1) Persons who market goods and services associated with the issuance of title insurance shall obtain a limited lines license as a title insurance marketing representative. A title insurance marketing representative shall be appointed by a licensed title agent. A title insurance marketing representative may solicit and perform marketing services only on behalf of the appointing agent. A title insurance marketing representative who holds a limited lines license may not do any of the following:

(a) Quote filed title insurance rates or premiums;

(b) Discuss insurance coverages, benefits or limits except that the marketing representative may, in general terms, explain the basic differences between an owner’s policy and a lender’s policy;

(d) Execute or issue a title insurance policy, binder or commitment;

(e) Determine insurability;

(f) Hold self out as a representative of a title insurance company.

(2) A title agent who appoints a title insurance marketing representative shall be responsible for the acts and omissions of the title insurance marketing representative. Violations of the insurance laws in Title 39 of the Revised Code that are committed by a title insurance marketing representative will be attributed to the appointing title agent as well as to the marketing representative and will subject the appointing licensed title agent to a civil forfeiture in an amount not to exceed ten thousand dollars for each violation, unless the violation is reported by the title agent to the superintendent promptly upon discovery and the title agent takes appropriate remedial action.

(3) Any written materials used or distributed by a title insurance marketing representative must be pre-approved by the licensed title agent that appointed the title insurance marketing representative.

(4) No prelicensing education, licensing examination or continuing education is required for a person who holds a limited lines license as a title insurance marketing representative.

(5) Any person who is prohibited under division (B) of section 3953.21 of the Revised Code from acting as an agent for a title insurance company shall not be licensed as a title insurance marketing representative.

(6) A license as a title insurance marketing representative is valid and authorizes the holder to act as a title insurance marketing representative to the extent permitted by law only so long as the person is appointed by a licensed title insurance agent.

(7) A title marketing representative may be appointed by only one title agent at any given time.

(G) Resident business entity licenses

(1) A business entity that is either domiciled in Ohio or maintains a principal place of business in Ohio may be licensed as an insurance agent in this state if it satisfies all of the following conditions:

(a) Complete a uniform business entity application and provide any other information required by the superintendent;

(b) Comply with division (B) of section 3905.05 of the Revised Code and division (A)(2) of section 3905.06 of the Revised Code;

(c) Submit a copy of its certified articles of incorporation, articles of organization, partnership agreement, or other organizational documents;

(d) Is authorized to do business in the state of Ohio by the Ohio Secretary of State if so required by section 1703.03, 1705.54, or 1775.64 of the Revised Code.

(2) A resident business entity agent license shall be deemed issued on the date it is processed and approved by the department.

(3) A resident business entity agent must maintain at least one designated licensed individual insurance agent who will be responsible for the business entity’s compliance with the insurance law of this state. Failure to maintain a licensed agent is grounds for revocation of the business entity’s license.

(4) If the resident business entity ceases to exist as a corporate or other legal entity, its agent license shall be subject to revocation.

(5) A business entity agent must report any change in its name, address, email address, licensed agents, officers, directors, and members or owners with 10% or more voting interest in the licensed entity to the department within 30 days of such change.

(6) In addition to the requirements in paragraph (G)(5) of this rule, a business entity title agent must notify the department of any change in its ownership or in the ownership of any business entity holding an ownership interest in the business entity title agent within thirty days and must include an organizational chart that shows all owners and their percentages of ownership of both the business entity title agent and business entities having ownership interests.

(H) Nonresident business entity licenses

(1) A business entity domiciled in another state or whose principal place of business is in another state may be licensed as an insurance agent in this state if it satisfies all of the following conditions:

(a) Complete a nonresident uniform business entity application;

(b) Comply with the provisions of section 3905.07 of the Revised Code.

(c) Is authorized to do business in the state of Ohio by the Ohio Secretary of State if so required by section 1703.03, 1705.54, or 1775.64 of the Revised Code.

(2) Upon satisfying the requirements of this rule, a nonresident business entity license shall be issued to the applicant granting the applicant the same scope of authority as the applicant has under the license issued by the applicant’s home state.

(3) A nonresident business entity agent license shall be deemed issued on the date it is processed and approved by the department.

(4) A nonresident business entity agent must maintain at least one individual insurance agent licensed in Ohio who will be responsible for the business entity’s compliance with the insurance laws of this state. Failure to maintain an Ohio licensed agent is grounds for revocation of the business entity’s license.

(5) If the nonresident business entity ceases to exist as a corporate or other legal entity or fails to maintain its authorization to do business in the State of Ohio, its agent license shall be subject to revocation.

(6) A business entity agent must report any change in its name, address, email address, licensed agents, officers, directors, and members or owners with 10% or more voting interest in the licensed entity to the department within 30 days of such change.

(7) In addition to the requirements in paragraph (G)(5) of this rule, a business entity title agent must notify the department of any change in its ownership or in the ownership of any business entity holding an ownership interest in the business entity title agent within thirty days and must include an organizational chart that shows all owners and their percentage of ownership of both the business entity title agent and business entities having ownership interests.

(I) Surety bail bond agent and agency license renewals

(1) Surety bail bond individual and business entity agent licenses expire the last day of February each year. To be timely renewed, a complete renewal application must be postmarked or received on or before the last day of February.

(2) For an application to be considered complete, it must be fully executed by the applicant and be accompanied by the statutory renewal fee of one hundred and fifty dollars. The effective date of renewal will be March 1.

(3) Completed applications that are postmarked or received after the last day of February but on or before March 31 must include an administrative late fee of one hundred dollars in addition to the statutory renewal fee. The effective date of renewal will be March 1.

(4) Any application postmarked or received after March 31 will not be processed as a renewal. The application along with any submitted fees will be returned unprocessed. The surety bail bond license will non-renew effective March 1 and the person or business entity will be required to submit an application for a new license and will be subject to all of the requirements of a new applicant.

(J) Appointments

(1) Within thirty days after the date the agency contract is executed or the first insurance application is submitted, each insurer shall file a notice of appointment with the superintendent regarding all agents who were newly appointed to represent the insurer. Additionally, within thirty days of a termination, each insurer shall notify the superintendent of any agents whose appointments were terminated by the insurer. The insurer shall specify the effective date of appointment or termination for each agent. The insurer shall identify each agent by the full name that appears on the a gent’s insurance license, license number, and such other information as the superintendent may require.

(2) All individual and business entity agent appointments and terminations must be submitted to the department electronically.

(a) An insurer that annually appoints and/or terminates twenty-five or fewer agents may make non-electronic appointments and terminations.

(b) Any insurer that annually appoints and/or terminates more than twenty-five agents but that is unable to process electronic appointments and terminations must provide adequate documentation explaining its inability to comply.

(3) Appointments will renew automatically on the first day of July each year unless the insurer terminates the appointment prior to the renewal date.

(4) No appointment shall be effective unless the appointee is licensed for that line of authority.

(5) The superintendent will bill insurers for the appointment and termination fees. If an agent holds both a property and casualty appointment with an insurer, a single appointment/termination fee will be billed for those appointments/terminations that are processed at the same time. If an agent holds both a life and accident and health appointment with an insurer, a single appointment/termination fee will be billed for those appointments/terminations that are processed at the same time. In all cases, a separate appointment/termination fee will be billed for a variable life and variable annuity products appointment/termination.

(6) If the termination of an appointment is for any of the reasons set forth in division (B) of section 3905.14 of the Revised Code, the insurer shall provide a detailed statement of the facts and the reasons for the termination to the superintendent within thirty days of the effective date of the termination. Insurers who provide such statements shall be immune from liability to the extent provided in section 3905.211 of the Revised Code.

(7) Any agent who appoints a solicitor as permitted by section 3905.10 of the Revised Code of this rule shall follow the procedures set forth for insurers appointing agents as set forth in paragraphs (J)(1) to (J)(6) of this rule.

(8) Agents holding limited authority licenses shall not appoint solicitors for any type limited line of authority.

(K) Solicitors

(1) A solicitor may solicit insurance only on behalf of a licensed and appointed agent.

(2) A solicitor may procure applications for insurance on behalf of the appointing agent. Only the appointing agent may sign and submit the applications to the respective insurance company.

(3) The appointing agent will be responsible for any misrepresentations made by or other wrongful conduct on the part of the solicitor.

(4) A solicitor shall identify himself or herself as a representative of the appointing agent and not as a representative of any insurer.

(5) Any person who is prohibited under division (B) of section 3953.21 of the Revised Code from acting as a title insurance agent shall not be licensed as a title solicitor.

(L) Inactive status

(1) An agent may request inactive status by submitting a form prescribed by the superintendent and such other information as the superintendent may request. The person must attest that the conditions in paragraph (L)(2) of this rule are met.

(2) A person may be eligible for inactive status only if and so long as all of the following conditions are met:

(a) The person is not employed or engaged, full or part-time, in any capacity for which an agent’s license is required and does not engage in or in any way participate in or assist with any activity for which an agent’s license is required in this state. This does not apply to clerical or ministerial acts;

(b) The person must be out of the insurance industry in relation to any duties or activities that would require an agent’s license for at least the next twenty-four months;

(c) The person must be in compliance with their continuing education requirements and be in good standing with the department at the time of the inactivation request.

(d) Only resident agents may request inactive status in accordance with this paragraph.

(3) If the superintendent is satisfied that the agent is eligible for inactive status, the superintendent shall notify the agent and all appointing insurers and agents about the inactive status.

(4) Only a natural person is eligible for inactive status.

(5) A person who has been granted inactive status must notify each insurer with which he or she is appointed no later than ten days after inactive status is granted. Failure to do so is grounds to terminate the inactive status. All appointments held by a person who has been granted inactive status shall be void as of the date inactive status is granted.

(6) If a person is granted inactive status and subsequently engages in, participates or assists in any way in any conduct or activity for which a license is required, excluding clerical or ministerial acts, such person’s license(s) may be suspended or revoked or the superintendent may impose a civil penalty in an amount not to exceed five thousand dollars.

(7) When a person is granted inactive status, the inactive status affects all licenses and appointments held by that person except surety bail bond and title which may be maintained independent of the inactivation of other licenses.

(8) A person who has been granted inactive status is exempt from the continuing education requirements of this state.

(9) A person who has been inactive two years or more may return to active status upon the following conditions:

(a) The person notifies the superintendent using the form and means prescribed by the superintendent and provides any other information requested by the superintendent;

(b) The person has completed twenty hours of approved continuing education (10 hours for title only agents), or has completed a prelicensing education course for the particular type of license, within the preceding six months;

(i) A title only agent must complete only ten credits of title specific topics during the preceding six months;

(ii) A surety bail bond only agent must complete only fourteen surety bail bond specific credits during the preceding six months. A surety bail bond agent who holds other insurance licenses must complete twenty credits of approved continuing education, fourteen credits of which must be surety bail bond specific.

(d) The person is otherwise eligible and suitable to be an agent.

(10) A person who has been inactive less than two years must comply with paragraph (C) of this rule as a new applicant.

(11) The licenses of a person who has been granted inactive status may be subject to suspension, revocation or any other disciplinary action for actionable conduct occurring before or after the inactive status was granted. The superintendent may also refuse to return a person’s licenses to active status for actionable conduct.

(12) Inactive status applies prospectively.

(M) Surrender

(1) An agent may surrender all or some of the agent’s licenses by submitting a form prescribed by the superintendent. If an agent is under investigation by the superintendent or the superintendent has issued a notice of opportunity for hearing under Chapter 119. of the Revised Code, the superintendent may not accept a surrender except for cause and as a resolution of allegations that the agent violated the insurance laws and regulations of this state. For purposes of this paragraph, an investigation shall include the review of any complaint made against or involving the agent.

(2) A surrender will be effective immediately after the superintendent receives the request or at a date chosen by the agent but in no case shall the surrender be effective prior to the date of receipt by the department or more than thirty days after receipt of the surrender request.

(3) The surrender of an agent’s license for any line of insurance voids all appointments held by the agent for that line of insurance.

(4) The superintendent shall notify each appointing company and agent when an agent’s licenses are surrendered.

(5) A person who has surrendered a license or licenses and who wants to obtain a license as an agent will have to comply with the prelicensing education and examination requirements as if the person had never been licensed, if otherwise eligible and suitable to be an agent. This provision shall apply to a license previously surrendered even when a person still has a license of another type.

(6) A person who has been granted inactive status may surrender all or some licenses if the person is otherwise eligible to surrender licenses.

(7) A clearance letter request acts as a voluntary surrender of all licenses. Once a clearance is issued an individual may reactivate the Ohio licenses if the following requirements are met:

(a) requests reactivation within 90 days of the effective date of surrender by clearance request, and

(b) did not obtain a resident license in another state.

(8) When a person reactivates Ohio licenses pursuant to paragraph (M)(7) of this rule, the person’s continuing education requirements continue as if a clearance letter had not been requested.

(N) Compensation

(1) Commissions or other compensation paid by an insurer to a person for any activity that requires a license must be paid in the legal name of the licensee as that name appears on the superintendent’s records or a trade name registered in accordance with section 3905.11 of the Revised Code.

(2) An agent who is appointed with the issuing insurance company may pay commissions to another agent who is licensed for that line of business but who is not appointed with the issuing insurance company.

(3) A licensed agent may assign commissions lawfully earned to a non-licensed person or entity pursuant to a written agreement and for a purpose that is not otherwise a pretext for the unlawful payment or split of commissions or the payment of an unlawful lead fee to the assignee.

(4) An agent or insurer may pay an unlicensed person or organization for administrative services actually rendered by that person or organization in connection with an insurance program offered to the members or customers of the unlicensed person or organization. Such payment shall be negotiated in an arms-length transaction. The amount of payment may not be calculated as a percentage of premium or any other measure of sales production. The amount of payment must be reasonable in relation to the services actually rendered. This paragraph does not prohibit the payment of a flat fee per transaction or service.

(5) An agent or insurance company may pay an unlicensed person or organization for an endorsement in favor of the agent, insurance company or a product. Such payment shall be a flat fee per member or customer or shall be in the amount of actual costs incurred by the unlicensed person or organization in making the endorsement. In no event shall the payment be calculated as a percentage of premium or any other measure of sales production.

(6) For purposes of this rule, an “endorsement” means a communication by an unlicensed person in any medium that introduces or mentions the availability of a general type of insurance coverage, identifies a particular insurer or agent, explains the method for obtaining additional information, and contains the words “endorse,” “endorsed by,” “sponsor,” or “sponsored by,” if all of the following conditions apply:

(a) The communication does not contain any comparison to other insurance products, insurers or agents;

(b) The communication does not contain any specific information or details about the benefits provided by the insurance;

(d) The communication does not contain any statement or suggestion that the recipient needs, or should apply for or buy the insurance.

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

Effective: 07/01/2007

R.C. 119.032 review dates: 10/20/2006 and 12/22/2011

Promulgated Under: 119.03

Statutory Authority: 3901.041, 3905.12

Rule Amplifies: 3905.04, 3905.05, 3905.06, 3905.061, 3905.07, 3905.071, 3905.072, 3905.10, 3905.11, 3905.14, 3905.16, 3905.18, 3905.181, 3905.21, 3905.482, 3905.85, 3905.86, 3905.861, 3905.862, 3905.89

Prior Effective Dates: 10/12/1998; 9/26/2002; 9/22/2005

3901-5-10 Rental car insurance agent limited license.

(A) Purpose.

The Purpose of this rule is to set forth procedures and requirements for the issuance of a limited authority rental car agent. Ohio Administrative code 3901-5-09(E) authorizes a limited lines license for rental car insurance.

(B) Authority

This Rule is issued pursuant to the authority vested in the superintendent under sections 3901.041 and 3905.28 of the Revised Code.

For the purposes of this rule:

(1) “Endorsee” means an employee of a rental car agent who meets the requirements of this rule.

(2) “Person” means an individual or a business entity.

(3) “Rental agreement” means any written master, corporate, group or individual agreement setting forth the terms and conditions governing the use of a rental car rented or leased by a rental car company.

(4) “Rental car” means any motor vehicle that is intended to be rented or leased for a period of less than thirty consecutive days by a driver who is not required to possess a commercial driver’s license to operate the motor vehicle and the motor vehicle is either of the following:

(a) A private passenger motor vehicle, including a passenger van, minivan, or sports utility vehicle; or

(b) A cargo vehicle, including a cargo van, pickup truck, or truck with a gross vehicle weight of less than twenty-six thousand pounds.

(5) “Rental car agent” means any rental car company that is licensed by the superintendent and appointed by an insurer to offer, sell, or solicit rental car insurance pursuant to this rule.

(6) “Rental car company” means any person in the business of renting rental cars to the public.

(7) “Rental car insurance” means insurance offered, sold, or solicited in connection with and incidental to the rental of rental cars, whether at the rental office or by pre-selection of coverage in master, corporate, group or individual agreements that

(a) is non-transferable;

(b) applies only to the rental car that is the subject of the rental agreement; and

(i) Personal accident insurance for renters and other rental car occupants, for accidental death or dismemberment, and for medical expenses resulting from an accident that occurs with the rental car during the rental period;

(ii) Liability insurance that provides protection to the renters and to other authorized drivers of a rental car for liability arising from the operation or use of the rental car during the rental period.

(iii) Personal effects insurance that provides coverage to renters and other vehicle occupants for loss of, or damage to, personal effects in the rental car during the rental period; and

(iv) Roadside assistance and emergency sickness protection insurance.

(8) “Renter” means any person who executes a rental agreement.

(D) General rules.

(1) No rental car company, and no officer, director, or employee of a rental car company, shall offer, sell, solicit or identify the availability of or effectuate the placement of rental car insurance or the purchase of rental car insurance unless that person is licensed as an insurance agent pursuant to Chapter 3905. of the Revised Code or there has been compliance with the requirements of this rule.

(2) The superintendent may issue to a rental car company that has complied with the requirements of this rule, a limited authority license that authorizes the rental car company to act as a rental car agent in accordance with the provisions of this rule, in connection with and incidental to rental agreements, on behalf of any insurer admitted to write such insurance in this state.

(E) Licensing rental car companies as rental car agents.

(1) A rental car company may apply to be licensed as a rental car agent under the terms of this rule if it satisfies all of the requirements of this rule and if it submits to the superintendent an application for licensure in the form prescribed by the superintendent that includes an appointment by an admitted insurer.

(2) A limited authority license as a rental car agent is valid and authorizes the licensee to act as a limited authority agent to the extent permitted by law only so long as the licensee is appointed by at least one insurer that is authorized to write rental car insurance.

(F) Responsibilities of the appointing insurer.

By appointing a rental car agent, an insurer certifies that the applicant is competent, financially responsible, and suitable to act as a rental car agent; that the insurer has reviewed the endorsee training and education program required by paragraph (F)(4) of this rule and believes that it satisfies the requirements of this rule; and that the insurer is responsible for the conduct of the rental car agent acting within the scope of its agency appointment.

(G) Rental car agent endorsees.

(1) An endorsee of a rental car agent may identify the availability of and effectuate the placement of rental car insurance in accordance with this rule. Such activities, and any activities incidental thereto, shall not constitute any of the activities listed in section 3905.01 of the Revised Code when performed by an endorsee in accordance with this rule. An individual may be an endorsee if all of the following conditions are satisfied:

(a) The individual is eighteen years of age or older;

(b) The individual is an employee of a rental car agent;

(d) The rental car company maintains and, upon request, makes available to the superintendent a list of the names and addresses of all endorsees and the dates during which each endorsee was employed by the rental car company. Records must be maintained for five years following the termination of an endorsee’s employment.

(2) A rental car agent’s failure to maintain the records required by paragraph (F)(1) of this rule shall be a violation of division (B) of section 3905.14 of the Revised Code and shall constitute grounds to refuse to renew, suspend or revoke its license.

(3) A rental car agent’s endorsee may only act on behalf of the rental car agent in identifying the availability of and effectuating rental car insurance. A rental car agent is responsible for and must supervise all actions of its endorsees related to rental car insurance. The conduct of an endorsee acting within the scope of his or her employment in connection with products described in paragraph (B)(7) of this rule shall be deemed the conduct of the rental car agent for purposes of this rule and shall not constitute conduct requiring an agent’s license under section 3905.01 of the Revised Code.

(4) Each rental car agent or the insurer that appoints the rental car agent shall provide a training and education program for each endorsee prior to allowing an endorsee to identify the availability of and effectuate the placement of rental car insurance. The program shall be submitted to the superintendent for approval prior to use and shall meet the following minimum standards:

(a) Each endorsee shall receive instruction about the kinds of insurance specified in this rule that are offered to prospective renters;

(b) Each endorsee shall receive training about the requirements and limitations imposed on rental car agents and endorsees by this rule. That training shall include specific instruction that the endorsee is prohibited by law from making any statement or engaging in any conduct, express or implied, that would lead a consumer to believe:

(i) That the purchase of rental car insurance is required in order for the renter to rent a motor vehicle;

(ii) That the renter does not have insurance policies in place that already provide the coverage being offered by the rental car company pursuant to this rule; or

(iii) That the endorsee is qualified to evaluate the adequacy of the renter’s existing insurance coverages.

(5) The training and education program submitted to the superintendent shall be deemed approved if no action is taken within thirty days of its submission. The training program may be a videotaped course.

(6) The rental car agent shall retain for a period of one year from the date of each transaction records which enable it to identify the name of the endorsee involved in each rental transaction where a renter purchases rental car insurance.

(H) Rental car agent restrictions.

No insurance may be offered, sold, or solicited pursuant to this rule unless:

(1) The rental period of the rental car agreement is less than thirty consecutive days.

(2) At every location where rental agreements are executed, the rental car agent or endorsee provides or prominently displays brochures or other written materials to each renter who purchases rental car insurance that, clearly and conspicuously and in plain language:

(a) Summarize, clearly and correctly, the material terms, exclusions, limitations, and conditions of coverage offered to renters, including the identity of the insurer;

(b) Describe the process for filing a claim in the event the renter elects to purchase coverage, including a toll-free telephone number to report a claim;

(d) Inform the consumer that the rental car insurance offered, sold, or solicited by the rental car agent may provide a duplication of coverage already provided by a renter’s personal automobile insurance policy, homeowners insurance policy, or by another source of coverage;

(e) Inform the consumer that the purchase by the renter of the rental car insurance is not required in order to rent a rental car from the rental car agent; and

(f) Inform the consumer that neither the rental car agent nor the rental car agent’s endorsees are qualified to evaluate the adequacy of the renter’s existing insurance coverages.

(3) The brochures or other written materials provided or prominently displayed pursuant to paragraph (G)(2) of this rule shall be filed by the insurer with the Department of Insurance pursuant to the procedures of section 3937.01 of the Revised Code.

(4) The purchaser of rental car insurance acknowledges, in writing or electronically, the receipt or offer of the brochures or written materials required by paragraph (G)(2) of this rule.

(5) Evidence of the rental car insurance coverage is stated on the face of the rental agreement.

(6) All costs for the rental car insurance are separately itemized in the rental agreement.

(I) Rental car agent prohibitions.

(1) A rental car agent shall not:

(a) Offer, sell, or solicit the purchase of rental car insurance except in conjunction with and incidental to rental car agreements.

(b) Advertise, represent, or otherwise portray itself or any of its employees or agents as an insurer.

(c) Pay any person, including a rental car agent endorsee, any compensation, fee, or commission that is dependent solely upon the placement of rental car insurance unless that person is a licensed rental car agent. Nothing in this rule shall prohibit production payments or incentive payments that are not dependent solely upon the sale of rental car insurance.

(d) Make any statement or engage in any conduct, express or implied, that would lead a customer to believe:

(i) That the insurance policies offered by the rental car agent may not provide a duplication of coverage already provided by a renter’s personal automobile insurance policy, homeowners insurance policy, or by another source of coverage;

(ii) That the purchase by the renter of rental car insurance is required in order to rent a rental car from the rental car agent; and

(iii) That the rental car agent or the rental car agent’s endorsees are qualified to evaluate the adequacy of the renter’s existing insurance coverages.

(2) No licensee or endorsee shall provide any information or advice or make any representation as to what benefits or coverages a renter’s personal or other insurance policies may provide.

(J) Enforcement.

(1) In the event any provision of this rule is violated by a rental car agent or its endorsee, the superintendent may revoke or suspend the license issued under this rule or impose any other sanctions provided by Chapter 3905 of the Revised Code in accordance with the provisions set forth in Chapter 119 of the Revised Code;

(2) If any person sells insurance in connection with or incidental to rental car agreements or holds self out as a rental car agent without satisfying either the requirements of this rule or the licensing provisions of Chapter 3905 of the Revised Code, the superintendent shall be authorized to issue a cease and desist order in addition to taking any other administrative action provided for in sections 3901.22 and 3905.14 (B) of the Revised Code.

(K) Trust accounts.

A rental car agent shall not be required to treat moneys collected from renters purchasing rental car insurance as funds received in a fiduciary capacity, provided that:

(1) The charges for rental car insurance coverage are itemized and ancillary to a rental transaction, and

(2) The insurer has consented in writing, signed by an officer of the insurer, that premiums need not be segregated from funds received by the rental car agent.

Effective: 04/05/2007

R.C. 119.032 review dates: 12/29/2006 and 12/30/2011

Promulgated Under: 119.03

Statutory Authority: 3901.041, 3905.06, 3905.28

Rule Amplifies: 3901.041, 3905.28

Prior Effective Dates: 1/14/02