(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,
3901.21,
3901.212,
3901.12,
3905.16, 3905.26,
3905.28,
3905.486, and
3905.95 of the Revised
Code.
(C) License renewal
period and CE transcripts
(1) The license
renewal period
shall be
is set forth in rule
3901-5-09 of the Administrative
Code.
(2)
On-going
After a
major line and title agent's initial license expiration date, on-going
renewal periods
for major line and title agents
shall be
are 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.
(3)
A renewal
reminder notice will be sent to each agent at least one month prior to the
agent's license expiration date using the email addresses reported on the
agent's record.
(4) The
superintendent shall
will post continuing education transcripts on the
department's website
web site or in the agent's on-line portal.
(5)
If
the
The CE transcript
or renewal notice indicates that a resident agent
has not completed
will indicate a resident
agent's compliance status for the required number of CE hours for that
renewal period, it
.
It is the resident 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
No request for an extension or the inactivation,
surrender, reinstatement, reactivation or late renewal of a license
,
will be considered by the
department unless the agent
must complete the
necessary form as required by the superintendent
follows the procedures set forth in rule
3901-5-09 of the Administrative
Code.
(7) An agent's failure
to receive a renewal notice does not relieve the agent of
the
their
responsibility to timely complete the CE
requirements or to timely renew the
their license.
(8)
Credits must
be
The continuing education provider or the
superintendent will post credits 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
license(s).
(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
are directly related to the title insurance
business and two of which
must be
are 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
is required
to complete twenty-four credits of CE, with at
least ten of which must be
credits designated as directly related to the
title insurance business and at least three
of which must be approved
credits designated as directly related to ethics.
(4) Agents who hold only a resident surety
bail bond license
shall
, provided they 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
periods. 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 general CE
requirement.
(E)
Credits
(1)
A
CE credits from another
state do not transfer to Ohio when 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
in Ohio.
(2)
At the
discretion of the superintendent, credit
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
superintendent's written approval of
such
that
course by the superintendent,
provided such
so long as 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
one-hour increments, may be given for classroom
and distance learning 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
Paragraph (E)(7) of rule
3901-5-04 of the Administrative
Code
discusses requirements on refund
disclosures.
(b)
If partial
Patrial credit is
will only be given,
if the course
participation fee must be
is 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,
will only be provided if both the course and the
provider must be
are 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
so long as the
article or book is published in a generally known and recognized state or
national publication and directly relate 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
is at the discretion of the superintendent.
A request
Requests for such
CE credit must be
made
related to publication of articles or
books will only be considered by the superintendent if it is 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
equal to 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
their 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
Requests for such
CE credit must
be
related to written material used in an
approved CE course will only be considered by the superintendent if it is
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
four-credit limit. The following are the minimum
qualifications and limitations for earning association membership credit
;
:
(a) The agent
must
be
is a dues-paying member
of
and in good
standing with 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)(b)
The agent
must actively
participate
participates 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
will only be considered if it involves at least
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)(c)
The agent must submit
No request for CE credits related to membership and
active participation in local, regional, state, or national professional
insurance associations will be considered unless the agent submits a
written request to the association for the association's determination of
participation credit and its submission of those credits to the
superintendent.
(e)(d) Credits approved
for regular CE courses offered by the professional insurance associations do
not count towards membership CE credit.
(f)(e) 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)(f)
The association must be
is an approved continuing education provider
authorized to offer association membership CE credit in this state.
(h)(g)
The activity or program must have taken
took place while the association was authorized
to offer association membership credit.
(i)(h) 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
are
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
If any portion of this rule or
the application thereof to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the rule or
related rules which can be given effect without the invalid portion or
application, and to this end the provisions of this rule are
severable.
Notes
Ohio Admin. Code
3901-5-01
Effective:
11/14/2024
Five Year Review (FYR) Dates:
8/30/2024 and
08/30/2029
Promulgated
Under: 119.03
Statutory
Authority: 3905.486,
3905.16,
3901.20,
3901.041,
3905.95
Rule
Amplifies: 3905.12,
3905.481
Prior
Effective Dates: 10/12/1998, 07/08/2002, 09/22/2005, 01/01/2011, 01/01/2013,
11/10/2014, 02/01/2016, 11/14/2019
