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Section 3904.05 | Marketing or research questions.

...An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in connection with an insurance transaction.

Section 3904.06 | Disclosure authorization form.

...collected; (G) Specifies the length of time such authorization shall remain valid, which shall be no longer than: (1) In the case of authorizations signed for the purpose of collecting information in connection with an application for an insurance policy, a policy reinstatement, or a request for change in policy benefits, thirty months from the date the authorization is signed; (2) In the case of authorizations si...

Section 3904.07 | Investigative consumer report.

...(A) No insurance institution, agent, or insurance support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement, or a change in insurance benefits unless the insurance institution or agent informs the individual that he may request to be interviewed in connect...

Section 3904.08 | Written request for access to recorded personal information.

...ion shall notify the individual, at the time of the disclosure, that it has provided the information to the medical professional. (D) Except for personal information provided under section 3904.10 of the Revised Code, an insurance institution, agent, or insurance support organization may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to individuals. (E) ...

Section 3904.09 | Correction, amendment or deletion of information.

...(A) Within thirty business days from the date of receipt of a written request from an individual to correct, amend, or delete any recorded personal information about the individual within its possession, an insurance institution, agent, or insurance support organization shall do one of the following: (1) Correct, amend, or delete the portion of the recorded personal information in dispute; (2) Notify the individual...

Section 3904.10 | Written reason for adverse underwriting decision summary of rights.

...(A) In the event of an adverse underwriting decision, the insurance institution or agent responsible for the decision shall provide the applicant, policyholder, or individual proposed for coverage with the specific reason or reasons for the adverse underwriting decision in writing, or advise such person that upon written request he may receive the specific reason or reasons in writing. The institution or agent shall ...

Section 3904.11 | Inquiry concerning previous adverse underwriting decision.

...No insurance institution, agent, or insurance support organization may seek information in connection with an insurance transaction concerning any previous adverse underwriting decision experienced by an individual, unless such inquiry also requests the reasons for any previous adverse underwriting decision.

Section 3904.12 | Prohibited bases for adverse underwriting decision.

...No insurance institution or agent may base an adverse underwriting decision in whole or in part on either of the following: (A) On the fact of a previous adverse underwriting decision. However, an insurance institution or agent may base an adverse underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision. (B) On personal inf...

Section 3904.13 | Disclosure of personal or privileged information.

...No insurance institution, agent, or insurance support organization shall disclose any personal or privileged information about an individual collected or received in connection with an insurance transaction, unless the disclosure is made pursuant to any of the following: (A) With the written authorization of the individual, provided: (1) If such authorization is submitted by another insurance institution, agent, ...

Section 3904.14 | Obtaining information under false pretenses.

...(A) No person shall knowingly obtain information under false pretenses about an individual from an insurance institution, agent, or insurance support organization. (B) Whoever violates division (A) of this section is guilty of a felony of the fourth degree.

Section 3904.15 | Superintendent may examine and investigate conduct.

...(A) The superintendent of insurance may examine and investigate into the affairs of every insurance institution or agent doing business in this state to determine whether the insurance institution or agent has been or is engaged in any conduct in violation of sections 3904.01 to 3904.22 of the Revised Code. (B) The superintendent may examine and investigate into the affairs of every insurance support organization ac...

Section 3904.16 | Superintendent to issue and serve statement of charges and notice of hearing.

...s and notice of hearing to be held at a time and place fixed in the notice. The date for such hearing shall be not less than thirty days after the date of service. (B) At the time and place fixed for such hearing, the insurance institution, agent, or insurance support organization charged shall have an opportunity to answer the charges against it and present evidence on its behalf. Upon good cause shown, the superi...

Section 3904.17 | Organization transacting business outside state - superintendent of insurance to accept service of process.

...For the purpose of sections 3904.01 to 3904.22 of the Revised Code, an insurance support organization transacting business outside this state that has an effect on a person residing in this state is deemed to have appointed the superintendent of insurance to accept service of process on its behalf, provided the superintendent causes a copy of such service to be mailed forthwith by registered mail to the insurance sup...

Section 3904.18 | Cease and desist order or report finding no violation - petition for review.

...lated. (C) Until the expiration of the time allowed under section 3904.20 of the Revised Code for filing a petition for review or until such petition is actually filed, whichever occurs first, the superintendent may modify or set aside any order or report issued under this section. After the expiration of the time allowed under section 3904.20 of the Revised Code for filing a petition for review, if no such petition...

Section 3904.19 | Penalties for knowing violation or violation of cease and desist order.

...(A) In any case where a hearing pursuant to section 3904.16 of the Revised Code results in the finding of a knowing violation of sections 3904.01 to 3904.22 of the Revised Code, the superintendent of insurance may, in addition to the issuance of a cease and desist order as prescribed in section 3904.18 of the Revised Code, order payment of a monetary penalty of not more than five hundred dollars for each violation bu...

Section 3904.20 | Review of order or report of superintendent by court of common pleas.

...lowing: (1) Upon the expiration of the time allowed for the filing of a petition for review, if no such petition has been filed. However, the superintendent may modify or set aside an order or report to the extent provided in division (C) of section 3904.18 of the Revised Code. (2) Upon a final decision of the common pleas court, if the court directs that the order or report of the superintendent be affirmed or the...

Section 3904.21 | Action by person whose rights are violated.

...(A) If any insurance institution, agent, or insurance support organization fails to comply with section 3904.08, 3904.09, or 3904.10 of the Revised Code with respect to the rights granted under such section, any person whose rights are violated may apply to the appropriate common pleas court, or any other court of competent jurisdiction, for appropriate equitable relief. (B) An insurance institution, agent, or insur...

Section 3904.22 | Authorized disclosures of personal or privileged information - immunity.

...No cause of action in the nature of defamation, invasion of privacy, or negligence shall arise against any person for disclosing personal or privileged information in accordance with sections 3904.01 to 3904.22 of the Revised Code, nor shall such a cause of action arise against any person for furnishing personal or privileged information to an insurance institution, agent, or insurance support organization. However, ...

Section 3905.01 | Insurance producers licensing act definitions.

... licensing, as amended by the NAIC from time to time. (W) "Uniform business entity application" means the NAIC uniform business entity application for resident and nonresident business entities, as amended by the NAIC from time to time. (X) "Exchange" means a health benefit exchange established by the state government of Ohio or an exchange established by the United States department of health and human services in...

Section 3905.02 | License required.

...No person shall sell, solicit, or negotiate insurance in this state unless the person is licensed for that line of authority in accordance with this chapter.

Section 3905.03 | Exceptions to licensing requirement.

...d in that state; (8) Any salaried full-time employee who counsels or advises the employee's employer with respect to the insurance interests of the employer or of the employer's subsidiaries or business affiliates, if the employee does not sell or solicit insurance or receive a commission; (9) Any employee of an insurer or of an insurance agent who, at the direction of the insurer or agent, performs any of the foll...

Section 3905.04 | Written examination of applicant for agent license.

...hich the individual has applied, twenty hours of study in a program of insurance education approved by the superintendent, under criteria established by the superintendent, which may include the option for all of the following types of courses and programs or combination thereof: (i) Classroom; (ii) Online; (iii) Self-study. (2) Division (C) of this section does not apply with respect to title insurance or an...

Section 3905.041 | Exceptions to program of insurance education or examination requirement.

...vidual's previous license, and, at the time of license cancellation, the individual was in good standing for the line or lines of authority requested. (2) To determine an applicant's licensure status and standing in another state, the superintendent of insurance may utilize the producer database maintained by the NAIC or its affiliates or subsidiaries. If that information is not available on the producer datab...

Section 3905.05 | Application for resident insurance agent license.

...(A) A natural person shall apply for a resident insurance agent license by submitting to the superintendent of insurance the uniform application or any other application prescribed by the superintendent, any additional information required by the superintendent, and a declaration made under penalty of refusal, suspension, or revocation of the license, that the statements made in the application are true, corre...

Section 3905.051 | Criminal records check; fingerprinting; confidentiality.

...(A) As used in this section: (1)(a) "Applicant" means a natural person applying for either of the following: (i) A resident license as an insurance agent or surety bail bond agent; (ii) An additional line of authority under an existing resident insurance agent license if a criminal records check has not been obtained within the last twelve months for insurance license purposes. (b) "Applicant" includes a natu...