Ohio § 3901.48
Full text of Ohio Ohio Revised Code § 3901.48, with citation guidance and answers to common questions.
§ 3901.48.
(A) The original work papers of a certified public accountant performing an audit of
an insurance company or health insuring corporation doing business in this state that
is required by rule or by any section of the Revised Code to file an audited financial
report with the superintendent of insurance shall remain the property of the certified
public accountant. Any copies of these work papers voluntarily given to the superintendent shall be
the property of the superintendent. The original work papers or any copies of them, whether in possession of the certified
public accountant or the department of insurance, are confidential and privileged
and are not a public record as defined in section 149.43 of the Revised Code . The original work papers and any copies of them are not subject to subpoena and
shall not be made public by the superintendent or any other person. (B) The work papers of the superintendent or of the person appointed by the superintendent,
resulting from the conduct of an examination made pursuant to section 3901.07 of the Revised Code or from the conduct of a financial analysis of any entity subject to examination
by the superintendent, including but not limited to any insurance company, health
insuring corporation, fraternal benefit society, or multiple employer welfare arrangement,
are confidential and privileged and are not a public record as defined in section 149.43 of the Revised Code . The original work papers and any copies of them are not subject to subpoena and
shall not be made public by the superintendent or any other person. (C) The work papers of the superintendent or of any person appointed by the superintendent,
resulting from the conduct of a performance regulation examination made pursuant to
authority granted under section 3901.011 of the Revised Code or from the conduct of a market analysis or investigation of any entity subject to
examination by the superintendent, including, but not limited to, any insurance company,
health insuring corporation, fraternal benefit society, or multiple employer welfare
arrangement, are confidential and privileged and are not a public record as defined
in section 149.43 of the Revised Code . The original work papers and any copies of them are not subject to subpoena and
shall not be made public by the superintendent or any other person. (D) Notwithstanding divisions (A), (B), and (C) of this section, the superintendent may
do either of the following: (1) Share work papers that are the subject of this section with the chief deputy rehabilitator,
the chief deputy liquidator, other deputy rehabilitators and liquidators, and any
other person employed by, or acting on behalf of, the superintendent pursuant to Chapter
3901. or 3903. of the Revised Code, with other local, state, federal, and international
regulatory and law enforcement agencies, with local, state, and federal prosecutors,
with the national association of insurance commissioners and its affiliates and subsidiaries,
and with the interstate insurance product regulation commission described in section 3915.16 of the Revised Code , provided that the recipient agrees to maintain the confidential or privileged status
of the confidential or privileged work paper and has authority to do so; (2) Disclose work papers that are the subject of this section in the furtherance of any
regulatory or legal action brought by or on behalf of the superintendent or the state,
resulting from the exercise of the superintendent's official duties. (E) Notwithstanding divisions (A), (B), (C), and (D) of this section, the superintendent
may authorize the national association of insurance commissioners and its affiliates
and subsidiaries or the interstate insurance product regulation commission described
in section 3915.16 of the Revised Code by agreement to share confidential or privileged work papers received pursuant to
division (D)(1) of this section with local, state, federal, and international regulatory
and law enforcement agencies and with local, state, and federal prosecutors, provided
that the recipient agrees to maintain the confidential or privileged status of the
confidential or privileged work paper and has authority to do so. (F) Notwithstanding divisions (A), (B), (C), and (D) of this section, the chief deputy
rehabilitator, the chief deputy liquidator, and other deputy rehabilitators and liquidators
may disclose work papers that are the subject of this section in the furtherance of
any regulatory or legal action brought by or on behalf of the superintendent, the
rehabilitator, the liquidator, or the state resulting from the exercise of the superintendent's
official duties in any capacity. (G) Nothing in this section shall prohibit the superintendent from receiving work papers
in accordance with section 3901.045 of the Revised Code . (H) The superintendent may enter into agreements governing the sharing and use of work
papers consistent with the requirements of this section. (I)(1) No waiver of any applicable privilege or claim of confidentiality in the work papers,
or copies thereof, that are the subject of this section shall occur as a result of
sharing or receiving work papers as authorized in divisions (D)(1), (E), and (G) of
this section. (2) The disclosure of work papers in connection with a regulatory or legal action pursuant
to divisions (D)(2) and (F) of this section does not prohibit an insurer or any other
person from taking steps to limit the dissemination of the work papers to persons
not involved in or the subject of the regulatory or legal action on the basis of any
recognized privilege arising under any other section of the Revised Code or the common
law.
Frequently Asked Questions About Ohio § 3901.48
What does Ohio Revised Code § 3901.48 cover?
Section 3901.48 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 3901.48?
A common citation format is "Ohio Revised Code § 3901.48" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 3901.48 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.