Ohio § 3905.85

§ 3905.85.

(A)(1) An individual who applies for a license as a surety bail bond agent shall submit

an application for the license in a manner prescribed by the superintendent of insurance.  The application shall be accompanied by a one-hundred-fifty-dollar fee and a statement

that gives the applicant's name, age, residence, present occupation, occupation for

the five years next preceding the date of the application, and such other information

as the superintendent may require. (2) An applicant for an individual resident license shall also submit to a criminal records

check pursuant to section 3905.051 of the Revised Code . (B)(1) The superintendent shall issue to an applicant an individual resident license that

states in substance that the person is authorized to do the business of a surety bail

bond agent, if the superintendent is satisfied that all of the following apply: (a) The applicant is eighteen years of age or older. (b) The applicant's home state is Ohio. (c) The applicant has not committed any act that is grounds for the refusal to issue,

suspension of, or revocation of a license under section 3905.14 of the Revised Code . (d) The applicant is a United States citizen or has provided proof of having legal authorization

to work in the United States. (e) The applicant has successfully completed the educational requirements set forth in section 3905.04 of the Revised Code and passed the examination required by that section. (2) The superintendent shall issue to an applicant an individual nonresident license

that states in substance that the person is authorized to do the business of a surety

bail bond agent, if the superintendent is satisfied that all of the following apply: (a) The applicant is eighteen years of age or older. (b) The applicant is currently licensed as a resident in another state and is in good

standing in the applicant's home state for surety bail bond or is qualified for the

same authority. (c) The applicant has not committed any act that is grounds for the refusal to issue,

suspension of, or revocation of a license under section 3905.14 of the Revised Code . (3) The superintendent shall issue an applicant a resident business entity license that

states in substance that the person is authorized to do the business of a surety bail

bond agent if the superintendent is satisfied that all of the following apply: (a) The applicant has submitted an application for the license in a manner prescribed

by the superintendent and the one-hundred-fifty-dollar application fee. (b) The applicant either is domiciled in this state or maintains its principal place

of business in this state. (c) The applicant has designated an individual licensed surety bail bond agent who will

be responsible for the applicant's compliance with the insurance laws of this state. (d) The applicant has not committed any act that is grounds for the refusal to issue,

suspension of, or revocation of a license under section 3905.14 of the Revised Code . (e) The applicant is authorized to do business in this state by the secretary of state

if so required under the applicable provisions of Title XVII of the Revised Code. (f) The applicant has submitted any other documents requested by the superintendent. (4) The superintendent shall issue an applicant a nonresident business entity license

that states in substance that the person is authorized to do the business of a surety

bail bond agent if the superintendent is satisfied that all of the following apply: (a) The applicant has submitted an application for the license in a manner prescribed

by the superintendent and the one-hundred-fifty-dollar application fee. (b) The applicant is currently licensed and is in good standing in the applicant's home

state with surety bail bond authority. (c) The applicant has designated an individual licensed surety bail bond agent who will

be responsible for the applicant's compliance with the insurance laws of this state. (d) The applicant has not committed any act that is grounds for the refusal to issue,

suspension of, or revocation of a license under section 3905.14 of the Revised Code . (e) The applicant has submitted any other documents requested by the superintendent. (C) A resident and nonresident surety bail bond agent license issued pursuant to this

section authorizes the holder, when appointed by an insurer, to execute or countersign

bail bonds in connection with judicial proceedings and to receive money or other things

of value for those services.  However, the holder shall not execute or deliver a bond during the first one hundred

eighty days after the license is initially issued.  This restriction does not apply with respect to license renewals or any license

issued under divisions (B)(3) and (4) of this section. (D) The superintendent may refuse to renew a surety bail bond agent's license as provided

in division (B) of section 3905.88 of the Revised Code , and may suspend, revoke, or refuse to issue or renew such a license as provided

in section 3905.14 of the Revised Code . If the superintendent refuses to issue such a license based in whole or in part upon

the written response to a criminal records check completed pursuant to division (A)

of this section, the superintendent shall send a copy of the response that was transmitted

to the superintendent to the applicant at the applicant's home address upon the applicant's

submission of a written request to the superintendent. (E) Any person licensed as a surety bail bond agent may surrender the person's license

in accordance with section 3905.16 of the Revised Code . (F)(1) A person seeking to renew a surety bail bond agent license shall apply annually for

a renewal of the license on or before the first day of April.  Applications shall be submitted to the superintendent on forms prescribed by the

superintendent.  Each application shall be accompanied by a one-hundred-fifty-dollar renewal fee. (2) To be eligible for renewal, an individual applicant shall complete the continuing

education requirements pursuant to section 3905.88 of the Revised Code prior to the renewal date. (3) If an applicant submits a completed renewal application, qualifies for renewal pursuant

to divisions (F)(1) and (2) of this section, and has not committed any act that is

a ground for the refusal to issue, suspension of, or revocation of a license under section 3905.14 or sections 3905.83 to 3905.99 of the Revised Code , the superintendent shall renew the applicant's surety bail bond insurance agent

license. (4) If an individual or business entity does not apply for the renewal of the individual

or business entity's license on or before the license renewal date specified in division

(F)(1) of this section, the individual or business entity may submit a late renewal

application along with all applicable fees required under this chapter prior to the

first day of May following the renewal date.  The superintendent shall renew the license of an applicant that submits a late renewal

application if the applicant satisfies all of the following conditions: (a) The applicant submits a completed renewal application. (b) The applicant pays the one-hundred-fifty-dollar renewal fee. (c) The applicant pays the late renewal fee established by the superintendent. (d) The applicant provides proof of compliance with the continuing education requirements

pursuant to section 3905.88 of the Revised Code . (e) The applicant has not committed any act that is grounds for the refusal to issue,

suspension of, or revocation of a license under section 3905.14 or sections 3905.83 to 3905.99 of the Revised Code . (5) A license issued under this section that is not renewed on or before its late renewal

date specified in division (F)(4) of this section is automatically suspended for nonrenewal

effective the second day of May. (6) If a license is suspended for nonrenewal pursuant to division (F)(5) of this section,

the individual or business entity is eligible to apply for reinstatement of the license

within the twelve-month period following the date by which the license should have

been renewed by complying with the reinstatement procedure established by the superintendent

and paying all applicable fees required under this chapter. (7) A license that is suspended for nonrenewal that is not reinstated pursuant to division

(F)(6) of this section automatically is canceled unless the superintendent is investigating

any allegations of wrongdoing by the agent or has initiated proceedings under Chapter

119. of the Revised Code.  In that case, the license automatically is canceled after the completion of the

investigation or proceedings unless the superintendent revokes the license. (G) The superintendent may prescribe the forms to be used as evidence of the issuance

of a license under this section.  The superintendent shall require each licensee to acquire, from a source designated

by the superintendent, a wallet identification card that includes the licensee's photograph

and any other information required by the superintendent.  The licensee shall keep the wallet identification card on the licensee's person

while engaging in the bail bond business. (H)(1) The superintendent of insurance shall not issue or renew the license of a business

entity organized under the laws of this or any other state unless the business entity

is qualified to do business in this state under the applicable provisions of Title

XVII of the Revised Code. (2) The failure of a business entity to be in good standing with the secretary of state

or to maintain a valid appointment of statutory agent is grounds for suspending, revoking,

or refusing to renew its license. (3) By applying for a surety bail bond agent license under this section, an individual

or business entity consents to the jurisdiction of the courts of this state. (I) A surety bail bond agent licensed pursuant to this section is an officer of the court. (J) Any fee collected under this section shall be paid into the state treasury to the

credit of the department of insurance operating fund created by section 3901.021 of the Revised Code .