Current through all regulations passed and filed through September 16, 2024
(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.
(C) License renewal
period and CE transcripts
(1) The
license renewal period shall be
set forth in rule
3901-5-09
of the Administrative Code.
(2)
On-going renewal periods for major line and title
agents shall be the last day of an agent's birth month every two years
thereafter.
(3) The superintendent
shall send a renewal notice to each agent at least one month prior to the
agent's license expiration date. The renewal notice shall indicate if the
resident agent has completed the required number of CE hours for that renewal
period as of the date of the renewal notice.
(4) The superintendent shall post continuing
education transcripts on the department's website.
(5) If the CE transcript or renewal notice
indicates that a resident agent has not completed the required number of CE
hours for that renewal period, it is the agent's responsibility to prove
compliance with this rule and only request renewal of their license when they
have successfully completed the required number of CE hours.
(6) If the agent is seeking an extension or
the inactivation, surrender, reinstatement, reactivation or late renewal of a
license, the agent must complete the necessary form as required by the
superintendent.
(7) An agent's
failure to receive a renewal notice does not relieve the agent of the
responsibility to timely complete the CE requirements or to timely renew the
license.
(8) Credits must be earned
by the agent and posted to the agent's record by the continuing education
provider or the superintendent.
(D) Exemptions
The CE requirements contained in section
3905.481 of the Revised Code do
not apply to the following agents:
(1)
Agents who have been granted inactive status pursuant to section
3905.16 of the Revised
Code.
(2) Agents who hold only a
limited lines licenses.
(3) Agents
who hold only a title insurance license, provided they complete at least twelve
credits of approved CE during each renewal period, ten of which must be
directly related to the title insurance business and two of which must be
approved as ethics.
Agents who hold both a resident title and a resident major line
license will have the same renewal period for both license types. The agent
must complete twenty-four credits of CE, ten of which must be directly related
to the title insurance business and three of which must be approved as
ethics.
(4) Agents who hold
only a resident surety bail bond license shall comply with the CE requirements
as set forth in section
3905.88 of the Revised Code.
Agents who hold both a resident surety bail bond license and a
resident major line license will have two separate renewal period. With the
exception of ethics, credits earned for the agent's major line license will not
count towards the surety bail bond credit requirement. CE credits completed for
the surety bail bond license will count towards the agent's major line CE
requirement.
(E)
Credits
(1) A person who moves to Ohio from
another state and becomes a resident agent 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 has
been filed according to the submission requirements of rule
3901-5-03
of the Administrative Code, but is held prior to the issuance of a written
approval of such course by the superintendent, provided such written approval
is granted.
(3) With the exception
of association membership credit, any agent who completed a course more than
once in a renewal period will only be given credit for the first time the
course was completed.
(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 paragraph (E)(7) of rule
3901-5-04
of the Administrative Code.
(b) If
partial credit is given, the course participation fee must be paid to the
superintendent 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 are considered earned on the
date the agent completed the course, not the date that the credits are posted
on the agent's record with the superintendent.
(7) Agents who complete more than the
required number of credit hours in a renewal period may apply those credit
hours to the next renewal period, not to exceed fifty per cent of the required
credit hours for the next renewal period. Excess CE credit hours will be
carried over as general credit hours.
(8) Credit hours earned within the agent's
late month renewal period pursuant to division (D) of section
3905.06 of the Revised Code, or
the reinstatement period pursuant to division (E) of section
3905.06 of the Revised Code may
be used to meet the requirements necessary to renew that
license.
(F) Credit for
publication, classroom instruction, and association membership
(1) An agent may receive up to ten hours of
CE credit per renewal period for the publication of articles or books authored
by such agent. 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 renewal period.
(4) An agent who authors materials for an
approved course and teaches the same course in a renewal period may receive
credit for authoring the written materials or instructing the course, but not
for both activities in any one renewal period, subject to paragraph (E)(3) of
this rule.
(5) An agent may earn up
to four CE credits per renewal period for membership and active participation
in local, regional, state or national professional insurance associations.
Credits may be earned from the combination of different local, regional, state
or national professional insurance associations in which the agent holds a
membership to reach the four credit limit. The following are the minimum
qualifications and limitations for earning association membership credit;
(a) The agent must be a dues-paying member of
the local, regional, state or national professional insurance association that
is approved as a CE provider and has a course specifically approved in this
state to issue association membership credits.
(b) The agent must be in good standing with
the local, regional, state or national professional insurance association at
the time the credits are earned.
(c) The agent must actively participate in
the functions of a local, regional, state or national professional insurance
association, at the minimum, for the number of association credits earned. For
purposes of this rule an association credit must provide for no less than fifty
minutes of participation. Active participation in a local, regional, state or
national professional insurance association can be met by the following
activities:
(i) Attending a formal meeting or
a formal business program hosted by a local, regional, state or national
professional insurance association where attendance is verified;
(ii) Serving on and actively participating in
a local, regional, state or national board or committee in affiliation with the
local, regional, state or national professional insurance association;
or
(iii) Participating in industry,
regulatory or legislative meetings held by or on behalf of a local, regional,
state or national professional insurance association.
(d) The agent must submit a written request
to the association for the association's determination of participation credit
and its submission of those credits to the superintendent.
(e) Credits approved for regular CE courses
offered by the professional insurance associations do not count towards
membership CE credit.
(f)
Association credits will only count as general credits for satisfying major
line, title or surety bail bond credit requirements. Association credits do not
count towards satisfying ethics requirements for any type of license.
(g) The association must be an approved
continuing education provider authorized to offer association membership CE
credit in this state.
(h) The
activity or program must have taken place while the association was authorized
to offer association membership credit.
(i) The association is responsible for
determining participation in a meeting, program or affiliation qualified for
association credit.
(6)
Credits earned from association membership using the same course identification
number shall be permitted so long as the same activity type and completion date
have not been previously submitted for credit. Agents may accumulate an
unlimited number of association membership credits from the combination of
different local, regional, state or national professional insurance
associations, however, only the first four association credits reported to the
superintendent will be applied towards the maximum number of association
credits allowed per renewal period.
(G) 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 a license renewal, an exemption, extension or for inactive status
is an unfair and deceptive act or practice in the business of insurance.
(H) 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.