Ohio Administrative Code
Title 3901 - Department of Insurance
Chapter 3901-5 - Agents, Licensing, Continuing Education
Section 3901-5-05 - Agent education violations
Universal Citation: OH Admin Code 3901-5-05
Current through all regulations passed and filed through September 16, 2024
(A) Purpose
The purpose of this rule is to identify conduct related to continuing education that violates Ohio statutes or rules and may subject a continuing education provider or agent to administrative actions.
(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.
(C) Providers
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 topic 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 superintendent 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
superintendent of changes to any course, previously approved, prior to course
offering. The penalty for a single violation is a forfeiture of one hundred
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, course participation or completion of examination. 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 required information, other than attendance roster. The penalty for
a single violation is a forfeiture of one hundred dollars.
(12) Failure to timely file an attendance
roster. The penalty for a single violation is a forfeiture of five hundred
dollars.
(13) Failure to conduct a
course as it was approved or maintain course integrity. The penalty for a
single violation is a forfeiture of five hundred dollars.
(14) 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.
(15) 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.
(16) 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.
(17) Failure to properly determine active
participation in a local, regional, state or national professional insurance
association activity. The penalty for a single violation is a forfeiture of
five hundred dollars.
(18)
Advertising that an agent may receive credit for simply becoming a member of an
association. The penalty for a single violation is a forfeiture of one thousand
dollars.
(19) Failure to provide a
written response to the superintendent within twenty-one days after receipt of
any written inquiry from the superintendent. The penalty for a single violation
is a forfeiture of fifty dollars.
(20) Failure to report disciplinary action
taken against the provider's authority by any regulatory body which grants a
license, registration or permission to conduct business. The penalty for a
single violation is a forfeiture of two hundred dollars.
(21)
Sharing user
names and passwords when accessing department reporting application. The
penalty for a single violation is a forfeiture of five hundred
dollars.
(22) 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 may be grounds for termination of a provider's
authority to offer pre-license courses or continuing education courses in this
state.
(D) Applicants and agents
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 superintendent
concerning agent education, when the person knows or should know that the
document or record, or any part of the document or record, is false or
deceptive.
(2) Obtaining, accepting
or using any evidence of completion or participation from a provider when the
person has not attended or completed the course or the number of hours
identified on the certificate.
(3)
Cheating or using unauthorized materials or receiving unauthorized assistance
during an examination.
(4)
Assisting another person in complying with the agent education requirements
when the person knows or should know that the assistance is a violation of the
agent education statutes and rules.
(5) Disruptive threatening or deceptive
behavior during a course or examination shall be grounds for termination of
participation and shall be grounds for the superintendent to refuse course
completion credit or a passing grade of an examination for those individuals
responsible for the disruptive, threatening or deceptive behavior.
(6) The use of any unauthorized
telecommunication device, including by not limited to, cellular phones and
"PDA's," examination notes and study guides, or conversations with unauthorized
persons during an examination or authorized break from a state insurance
licensure examination. The penalty for a single violation shall be grounds for
the superintendent to refuse to issue any license as an insurance agent or
assess a forfeiture of up to five hundred dollars.
(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
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.
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