Ohio Revised Code Chapter 3905 - Insurance Producers Licensing Act

• Section 3905.01 - Insurance Producers Licensing Act Definitions.
  As used in this chapter: (A) "Affordable Care Act" means the "Patient Protection and Affordable Care Act," 124 Stat. 119, 42 U.S.C. 18031 (2011)....
• Section 3905.011 - [Repealed].
  Effective Date: 09-01-2002
• Section 3905.012 - Amended And Renumbered Rc 3905.16.
  Effective Date: 09-01-2002
• Section 3905.013 - [Repealed].
  Effective Date: 09-01-2002
• 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...
• Section 3905.03 - Exceptions To Licensing Requirement.
  (A) Section 3905.02 of the Revised Code does not apply to any of the following: (1) Any insurer. For purposes of this division, "insurer"...
• Section 3905.04 - Written Examination Of Applicant For Agent License.
  (A) Except as otherwise provided in this section or in section3905.041 of the Revised Code, a resident individual applying for an insurance agent license...
• Section 3905.041 - Exceptions To Program Of Insurance Education Or Examination Requirement.
  (A) (1) An individual who applies for a resident insurance agent license in this state within ninety days after establishing a principal place of...
• 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...
• Section 3905.051 - Criminal Records Check; Fingerprinting; Confidentiality.
  As used in this section: (A) "Applicant" means a natural person applying for either of the following: (1) A resident license as an insurance...
• Section 3905.06 - Issuance And Contents Of License - Lines Of Authority.
  (A) (1) The superintendent of insurance shall issue a resident insurance agent license to an individual applicant whose home state is Ohio upon submission...
• Section 3905.061 - Agent To File Of Change Of Address.
  (A) If a person licensed as an insurance agent under section 3905.06 of the Revised Code changes the person's address within the state, the...
• Section 3905.062 - Portable Electronics Insurance.
  (A) As used in this section: (1) "Customer" means a person who purchases portable electronics or services. (2) "Enrolled customer" means a customer who...
• Section 3905.063 - Self-service Storage Insurance; License Required.
  (A) As used in this section: (1) "Customer" means a person who obtains the use of storage space from a self-service storage facility under...
• Section 3905.07 - Nonresident Insurance Agent Or Surplus Lines Broker License; Renewal.
  (A) The superintendent of insurance shall issue a nonresident insurance agent license to an applicant that is a nonresident person upon payment of all...
• Section 3905.071 - Nonresident To File Change Of Address.
  (A) (1) If a nonresident person licensed as a nonresident insurance agent under section 3905.07 of the Revised Code changes the person's address within...
• Section 3905.072 - Nonresident Limited Lines Insurance Agent License.
  Notwithstanding any other provision of this chapter, the superintendent of insurance shall issue to a nonresident person licensed as a limited line credit insurance...
• Section 3905.08 - Reciprocity.
  (A) The superintendent of insurance shall waive all requirements under this chapter for a nonresident applicant with a valid license from the applicant's home...
• Section 3905.081 - Waiving Licensing Requirement For Nonresident Persons In Violation Of Federal Reciprocity Requirements.
  Notwithstanding any other provision of this chapter, the superintendent of insurance may waive any licensing requirement for nonresident persons that the superintendent determines is...
• Section 3905.09 - Temporary Insurance Agent License.
  (A) The superintendent of insurance may issue a temporary insurance agent license to any of the following persons if the superintendent determines that the...
• Section 3905.10 - [Repealed] Appointment Of Solicitors By Agent.
  Repealed by 128th General AssemblyFile No.18, HB 300, §2, eff. 5/26/2010. Effective Date: 09-01-2002 Related Legislative Provision: See 128th General AssemblyFile No.18, HB 300,...
• Section 3905.11 - Agent's Use Of Assumed Name.
  An insurance agent that intends to do business in this state under any name other than the agent's legal name shall notify the superintendent...
• Section 3905.12 - Rules.
  (A) The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code to do the following: (1) Establish procedures...
• Section 3905.13 - Amended And Renumbered Rc 3901.783.
  Effective Date: 09-01-2002
• Section 3905.14 - Disciplinary Actions.
  (A) As used in sections 3905.14 to 3905.16 of the Revised Code: (1) "Insurance agent" includes a limited lines insurance agent, surety bail bond...
• Section 3905.15 - Hearing To Determine Administrative Action Modification.
  (A) Upon written application of a person whose license was denied, suspended, revoked, or surrendered for cause under section 3905.14 of the Revised Code,...
• Section 3905.16 - Surrender Of License.
  (A) (1) Except as provided in division (A)(2) of this section, any person licensed as an agent under this chapter may at any time...
• Section 3905.17 - [Repealed].
  Effective Date: 09-01-2002
• Section 3905.18 - Paying Unlawful Consideration.
  (A) Neither an insurer nor an insurance agent shall pay a commission, service fee, brokerage fee, or other type of consideration to a person...
• Section 3905.181 - Accepting Consideration Without License.
  A person shall not accept a commission, service fee, brokerage fee, or other type of consideration for selling, soliciting, or negotiating insurance in this...
• Section 3905.182 - Sale Of Shares Of Capital Stock Of Life Insurance Company Or Agency.
  No person licensed to sell life insurance under this chapter, although also licensed to sell securities under section 1707.32 of the Revised Code, shall...
• Section 3905.19 - [Repealed].
  Effective Date: 09-01-2002
• Section 3905.20 - Appointment Of Insurance Agent To Act As Agent Of Insurer.
  (A) An insurance agent shall not act as an agent of an insurer unless the insurance agent is appointed as an agent of the...
• Section 3905.201 - Limited Line Credit Insurance Program Of Instruction.
  (A) Each insurer that sells, solicits, or negotiates any form of limited line credit insurance shall provide a program of instruction to each insurance...
• Section 3905.21 - Notice Of Terminating Relationship With Insurance Agent.
  (A) An insurer or authorized representative of an insurer that terminates the appointment, employment, contract, or other insurance business relationship with an insurance agent...
• Section 3905.211 - Immunity.
  (A) In the absence of actual malice, an insurer, the authorized representative of an insurer, an insurance agent, the superintendent of insurance, or any...
• Section 3905.212 - Sanctions.
  The superintendent of insurance may, in accordance with Chapter 119. of the Revised Code, suspend or revoke the certificate of authority or license of...
• Section 3905.22 - Agent To Provide Notice Of Administrative Action Or Of Prosecution And Disposition.
  (A) An insurance agent shall provide notice to the superintendent of insurance of any administrative action taken against the agent in another jurisdiction or...
• Section 3905.221 - [Repealed].
  Effective Date: 09-20-1967
• Section 3905.23 - [Repealed].
  Effective Date: 09-01-2002
• Section 3905.24 - Confidentiality Of Records And Information - Exceptions.
  (A) (1) All records and other information obtained by the superintendent of insurance or the superintendent's deputies, examiners, assistants, or other employees, or agents...
• Section 3905.25 - Amended And Renumbered Rc 3901.75.
  Effective Date: 09-01-2002
• Section 3905.26 - Centralized Agent License Registry.
  (A) The superintendent of insurance may participate, in whole or in part, with the NAIC or any of its affiliates or subsidiaries, in a...
• Section 3905.27 - Amended And Renumbered Rc 3905.41.
  Effective Date: 09-01-2002
• Section 3905.28 - Rules.
  The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code to carry out the purposes of sections 3905.01...
• Section 3905.29 - Mutual Protective Associations Exempted.
  Sections 3905.01 to 3905.28 of the Revised Code do not apply to associations organized and operating under sections 3939.01 to 3939.11 of the Revised...
• Section 3905.30 - Resident And Nonresident Surplus Lines Broker's License.
  (A) As used in sections 3905.30 to 3905.38 of the Revised Code: (1) Notwithstanding section 3905.01 of the Revised Code, "home state" means the...
• Section 3905.31 - Prohibitions.
  (A) No person not licensed under section 3905.30 of the Revised Code shall take or receive any application for such insurance upon property or...
• Section 3905.32 - License Fees.
  For each initial license issued under section 3905.30 of the Revised Code the superintendent of insurance shall collect one hundred dollars. The renewal fee...
• Section 3905.33 - Unauthorized Insurers; Applicability And Construction Of Federal Provisions; Due Diligence.
  (A) No person licensed under section 3905.30 of the Revised Code shall solicit, procure an application for, bind, issue, renew, or deliver a policy...
• Section 3905.331 - Exempt Commercial Purchasers; Qualifications; Qualified Risk Managers.
  (A) A person purchasing commercial insurance qualifies as an exempt commercial purchaser if, at the time of placement, the exempt commercial purchaser satisfies all...
• Section 3905.34 - Separate Accounts.
  Each person licensed under section 3905.30 of the Revised Code shall keep a separate account of the business done under the person's license. On...
• Section 3905.35 - Bond.
  Before an applicant receives a resident license under section 3905.30 of the Revised Code, the person named in the license shall execute and deliver...
• Section 3905.36 - Taxing Firms Dealing With Unauthorized Foreign Insurers; Waiver Of Penalty And Interest Charges; Surplus Lines Brokers.
  (A) Every insured association, company, corporation, or other person that enters, directly or indirectly, into any independent procurement or direct placement agreement with any...
• Section 3905.37 - Prohibited Acts.
  No person, company, association, or corporation shall fail to make the report required in section 3905.36 of the Revised Code and to furnish all...
• Section 3905.38 - Exemptions.
  (A) Sections 3905.30 to 3905.37 of the Revised Code do not apply where this state is not the home state of the insured. (B)...
• Section 3905.39 - Continuation Of Certificates And Licenses.
  Unless revoked by the superintendent of insurance or unless cancelled by him on written notice from the company, or the "attorney" designated under section...
• Section 3905.40 - Fees Paid To Superintendent Of Insurance.
  There shall be paid to the superintendent of insurance the following fees: (A) Each insurance company doing business in this state shall pay: (1)...
• Section 3905.401 - Valuation Fee Not Applicable To Reinsurance Ceded To Affiliated Companies.
  The valuation fee specified in division (B) of section 3905.40 of the Revised Code does not apply to reinsurance ceded to affiliated domestic companies....
• Section 3905.41 - Accounts For Fees.
  The superintendent of insurance may open an account in the name of each insurance company authorized to do business in this state and in...
• Section 3905.42 - Insurance Business Must Be Authorized.
  No company, corporation, or association, whether organized in this state or elsewhere, shall engage either directly or indirectly in this state in the business...
• Section 3905.421 - Vehicle Protection Product Warranty.
  (A) As used in this section: (1) "Incidental costs" means the losses and expenses specified by a vehicle protection product warranty related to the...
• Section 3905.422 - Homes Service Contract Are Consumer Transactions.
  (A) As used in this section: (1) "Home service contract" means a contract, however described or denominated by the issuer of the contract, whereby,...
• Section 3905.423 - Consumer Goods Contracts To Be Covered By Reimbursement Insurance.
  (A) As used in this section: (1) "Consumer" has the same meaning as in section 1345.01 of the Revised Code. (2) "Consumer goods" means...
• Section 3905.424 - Waiver Of Customer Obligation Not Insurance Matter.
  (A) As used in this section: (1) "Service provider" means any public or private provider of services, including, but not limited to, all of...
• Section 3905.425 - Requirements For Tire Or Wheel Road Hazard Contracts.
  (A) As used in this section: (1) "Contract holder" means the person who purchased a motor vehicle tire or wheel road hazard contract, any...
• Section 3905.426 - Requirements For Ancillary Product Protection Contracts.
  (A) As used in this section: (1) "Contract holder" means the person who purchased a motor vehicle ancillary product protection contract, any authorized transferee...
• Section 3905.43 - Advertising Limitations.
  No person, firm, association, partnership, company, or corporation shall publish or distribute or receive and print for publication or distribution any advertising matter in...
• Section 3905.44 - Limitation Upon Domestic Companies.
  No domestic insurance company, qualified under the laws of this state, shall do business in any other state or territory of the United States...
• Section 3905.45 - Payment Of Funeral Or Burial Expenses Policy.
  (A) If an insurance policy has been issued, sold, or assigned for the purpose of purchasing any funeral or burial goods or services, the...
• Section 3905.451 - Funeral Or Burial Goods Or Services Coverage Not Subject To Preneed Provisions.
  A life insurance policy or annuity that is issued, sold, or assigned for the purpose of purchasing funeral or burial goods or services, and...
• Section 3905.46 - Application Of Law.
  The laws of this state relating to insurance companies organized under the laws of any other state of the United States, apply to any...
• Section 3905.47 - Agent Training Programs.
  (A) (1) No agent shall sell, solicit, or negotiate insurance through an exchange, or enroll or offer to enroll a person in a health...
• Section 3905.471 - Insurance Navigator Certification.
  (A) No individual or entity shall act as or hold itself out to be an insurance navigator unless that individual or entity is certified...
• Section 3905.472 - Qualified Health Benefit Plans.
  An exchange shall permit an insurer to offer any health benefit plan that the insurer seeks to offer through the exchange, so long as...
• Section 3905.473 - Exchange Listings.
  (A) An exchange operating in this state shall maintain a current list of both of the following: (1) Licensed insurance agents that have met...
• Section 3905.474 - Qualifications For In-person Assisters.
  No person shall act as, perform the duties of, or hold one's self out to be an in-person assister unless that person is either...
• Section 3905.48 - [Repealed].
  Effective Date: 09-01-2002
• Section 3905.481 - Continuing Education Requirements.
  Each individual who is issued a resident insurance agent license shall complete at least twenty-four hours of continuing education for each license renewal period....
• Section 3905.482 - [Repealed] License Suspension Or Revocation.
  Repealed by 128th General AssemblyFile No.18, HB 300, §2, eff. 5/26/2010. Effective Date: 09-01-2002 Related Legislative Provision: See 128th General AssemblyFile No.18, HB 300,...
• Section 3905.483 - Insurance Agent Education Advisory Council.
  (A) There is hereby created the insurance agent education advisory council to advise the superintendent of insurance in carrying out the duties imposed under...
• Section 3905.484 - Establishing Criteria For Course Or Program Of Study For License Examination.
  (A) The superintendent of insurance, in consultation with the insurance agent education advisory council, shall establish criteria for any course or program of study...
• Section 3905.485 - Establishing Schedule Of Fees For Course Or Program Of Study For License Examination.
  (A) The superintendent of insurance, in consultation with the insurance agent education advisory council, shall establish a schedule of fees to be paid to...
• Section 3905.486 - Rules - Insurance Agent Education Advisory Council Rule Recommendations.
  The superintendent of insurance shall adopt rules in accordance with Chapter 119. of the Revised Code to carry out the purposes of sections 3905.04...
• Section 3905.49 - Prohibiting False Representation As Independent Agent.
  (A) As used in this section and section 3905.50 of the Revised Code, "independent insurance agent" means an insurance agent who is neither employed...
• Section 3905.491, 3905.492 - Amended And Renumbered Rc 3905.15, 3905.24.
  Effective Date: 09-01-2002
• Section 3905.50 - Terminating Independent Insurance Agent Contract.
  (A) (1) Except as provided in division (A)(2) or (3) of this section, this section applies to every contract of agency between a property...
• Section 3905.51 - [Repealed].
  Effective Date: 09-01-2002
• Section 3905.52 - Amended And Renumbered Rc 3905.401.
  Effective Date: 09-01-2002
• Section 3905.53 - Effect Of Child Support Default On License.
  On receipt of a notice pursuant to section 3123.43 of the Revised Code, the superintendent of insurance shall comply with sections 3123.41 to 3123.50...
• Section 3905.54 - [Repealed].
  Effective Date: 09-01-2002
• Section 3905.55 - Agent Fees.
  (A) Except as provided in division (B) of this section, an agent may charge a consumer a fee if all of the following conditions...
• Section 3905.56 - Compensation By Public Entity For Placement Of Insurance.
  (A) (1) Where an insurance agent or an affiliate of an insurance agent receives any compensation from a public entity related to the placement...
• Section 3905.61 - Controlled Insurers Definitions.
  As used in sections 3905.61 to 3905.65 of the Revised Code: (A) "Accredited state" means a state in which the insurance department or regulatory...
• Section 3905.62 - Application Of Sections.
  (A) Sections 3905.61 to 3905.65 of the Revised Code apply to insurers either domiciled in this state or in a state that is not...
• Section 3905.63 - Limits On Business Placed With Controlled Insurer By Controlling Producer.
  (A) If, in any calendar year, the aggregate amount of gross written premium on business placed with a controlled insurer by a controlling producer...
• Section 3905.64 - Notice To Prospective Insured By Controlling Producer.
  Each controlling producer, prior to the effective date of an insurance policy, shall deliver a written notice to the prospective insured that fully and...
• Section 3905.65 - Remedies For Noncompliance.
  (A) (1) If the superintendent of insurance believes that a controlling producer or any other person has not materially complied with sections 3905.61 to...
• Section 3905.71 - Managing General Agent Definitions.
  As used in sections 3905.71 to 3905.79 of the Revised Code: (A) "Actuary" means a person who is a member in good standing of...
• Section 3905.72 - Managing General Agent License Requirement.
  (A) (1) No person shall act as a managing general agent representing an insurer licensed in this state with respect to risks located in...
• Section 3905.73 - Responsibilities Of Managing General Agent.
  (A) No person acting in the capacity of a managing general agent shall place business with an insurer, unless there is in force a...
• Section 3905.74 - Independent Financial Examination Of Each Managing General Agent.
  (A) The insurer shall have on file, in a form acceptable to the superintendent of insurance, an independent financial examination of each managing general...
• Section 3905.75 - Acts Of Agent Deemed Acts Of Insurer - Examinations.
  (A) The acts of a managing general agent are deemed to be the acts of the insurer on whose behalf it is acting. (B)...
• Section 3905.76 - Prohibition.
  No managing general agent, insurer, or other person shall violate, or fail to comply with, any provision of section 3905.72, 3905.73, 3905.74, or 3905.75...
• Section 3905.77 - Penalties For Violations.
  (A) If the superintendent of insurance, after a hearing conducted in accordance with Chapter 119. of the Revised Code, finds a violation of section...
• Section 3905.78 - Rights Not Limited Or Restricted.
  Nothing in sections 3905.71 to 3905.79 of the Revised Code is intended, in any manner, to limit or restrict the rights of policyholders and...
• Section 3905.79 - Rules.
  The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code necessary to implement sections 3905.71 to 3905.79 of...
• Section 3905.81 - Reinsurance Intermediary-broker Or Intermediary-manager License Required - Rules.
  (A) As used in this section: (1) "Reinsurance intermediary-broker" means a person, other than an officer or employee of the ceding insurer, that solicits,...
• Section 3905.83 - Surety Bail Bond Agent Definitions.
  As used in sections 3905.83 to 3905.95 of the Revised Code: (A) "Insurer" means any domestic, foreign, or alien insurance company that has been...
• Section 3905.84 - Surety Bail Bond Agent To Be Qualified, Licensed, And Appointed.
  No person shall act in the capacity of a surety bail bond agent, or perform any of the functions, duties, or powers prescribed for...
• Section 3905.841 - Persons Or Classes Of Persons Not To Act As Agents.
  The following persons or classes of persons shall not act as surety bail bond agents or employees of a surety bail bond agent or...
• Section 3905.85 - Surety Bail Bond Agent License.
  (A) (1) An individual who applies for a license as a surety bail bond agent shall submit an application for the license in a...
• Section 3905.851 - No Imposition Of Local Licensing Fees.
  A surety bail bond agent qualified, licensed, and appointed in accordance with sections 3905.83 to 3905.95 of the Revised Code shall not be required...
• Section 3905.86 - Appointment Of Agent By Insurer.
  (A) Any person licensed as a surety bail bond agent may be appointed by an insurer in accordance with this section. (B) To appoint...
• Section 3905.861 - Extending Appointments To Affiliated Agents.
  An insurer that appoints a surety bail bond agent who is a member of a business entity shall require that all other surety bail...
• Section 3905.862 - Expiration Or Cancellation Of Appointment; Fee.
  Upon the expiration or cancellation of a surety bail bond agent's appointment, the agent shall not engage or attempt to engage in any activity...
• Section 3905.87 - Registration Of Agent With Court Clerks; List Of Court-registered Surety Bail Bond Agents.
  (A) A surety bail bond agent shall not file a bond in any court of this state unless the agent is licensed and appointed...
• Section 3905.88 - Continuing Education.
  (A) Each individual who is issued a license as a resident surety bail bond agent shall complete at least seven hours of continuing education...
• Section 3905.89 - Notice Of Change Of Principal Business Address Or Telephone Number.
  Each person licensed under sections 3905.83 to 3905.95 of the Revised Code shall notify in writing the appropriate insurer or managing general agent, and...
• Section 3905.90 - Records Of Surety Bonds To Be Maintained - Furnishing Of Information.
  Each surety bail bond agent shall maintain all records of surety bonds executed or countersigned by the surety bail bond agent for at least...
• Section 3905.901 - Determination Of Direct Written Premiums For Bail Bonds.
  (A) As used in the annual statement of condition filed by a bail bond insurer with the department of insurance pursuant to section 3929.30...
• Section 3905.91 - Build-up Funds.
  (A) All build-up funds posted by a surety bail bond agent or managing general agent, either with an insurer or managing general agent representing...
• Section 3905.92 - Requirements For Acceptance Of Collateral Security Or Other Indemnity.
  (A) A surety bail bond agent that accepts collateral security or other indemnity shall comply with all of the following requirements: (1) The collateral...
• Section 3905.921 - Discharge Of Bond Where Collateral Security Or Other Indemnity Accepted.
  (A) If collateral security or other indemnity is accepted on a bond, the surety bail bond agent, managing general agent, or surety shall make,...
• Section 3905.93 - Bail Bond - Charges And Fees.
  A surety bail bond agent shall not execute a bail bond without doing both of the following: (A) Charging the premium rate filed with...
• Section 3905.931 - Furnishing Of Forms And Other Supplies.
  (A) No insurer, managing general agent, or surety bail bond agent shall furnish to any person any blank form, application, stationery, business card, or...
• Section 3905.932 - Prohibited Acts.
  A surety bail bond agent or insurer shall not do any of the following: (A) Suggest or advise the employment of, or name for...
• Section 3905.933 - Signing Or Countersigning Agent's Name To A Bond.
  (A) A surety bail bond agent shall not sign or countersign in blank any bond, or give a power of attorney to, or otherwise...
• Section 3905.934 - Advertising Requirements.
  (A) A surety bail bond agent shall not make, publish, or otherwise disseminate, directly or indirectly, any misleading or false advertisement, or engage in...
• Section 3905.94 - License Suspension Or Revocation.
  If the superintendent of insurance, in accordance with section 3905.14 of the Revised Code, suspends or revokes a person's license as a surety bail...
• Section 3905.941 - Designation Of Successor Agent.
  Upon the surrender, suspension, or revocation of a surety bail bond agent's license, the appointing insurer or managing general agent immediately shall designate a...
• Section 3905.95 - Rules.
  The superintendent of insurance shall adopt, in accordance with Chapter 119. of the Revised Code, any rules necessary to implement sections 3905.83 to 3905.95...
• Section 3905.99 - Penalty.
  (A) Whoever violates section 3905.182 of the Revised Code shall be fined not less than twenty-five nor more than five hundred dollars or imprisoned...

Last modified: October 10, 2016