Ohio § 3956.11

§ 3956.11.

(A) The superintendent of insurance shall: (1) Upon request of the board of directors of the Ohio life and health insurance guaranty

association, provide the association with a statement of the premiums in this and

any other appropriate states for each member insurer; (2) When an impairment is declared and the amount of the impairment is determined, serve

a demand upon the impaired insurer to make good the impairment within a reasonable

time.  Notice to the impaired insurer shall constitute notice to its shareholders, if any.  The failure of the impaired insurer promptly to comply with the demand shall not

excuse the association from the performance of its powers and duties under this chapter. (3) In any liquidation or rehabilitation proceeding involving a domestic member insurer,

be appointed as the liquidator or rehabilitator. (B) The superintendent, after notice and hearing, may suspend or revoke the license or

certificate of authority to transact business in this state of any member insurer

that fails to pay an assessment when due or fails to comply with the plan of operation

of the association.  As an alternative, the superintendent may levy a forfeiture on any member insurer

that fails to pay an assessment when due.  The forfeiture shall not exceed five per cent of the unpaid assessment per month,

but shall not be less than one hundred dollars per month. (C) Any action of the board of directors or the association may be appealed to the superintendent

by any member insurer if the appeal is taken within sixty days of the final action

being appealed.  If a member insurer is appealing an assessment, the amount assessed shall be paid

to the association and be available to meet association obligations during the pendency

of the appeal.  If the appeal on the assessment is upheld, the amount paid in error or excess shall

be returned to the member insurer.  Any final action or order of the superintendent is subject to review under Chapter

119. of the Revised Code. (D) The liquidator, rehabilitator, or conservator of any impaired or insolvent insurer

may notify all interested persons of the effect of this chapter. (E) Notwithstanding section 109.02 of the Revised Code , the superintendent has sole authority to select and hire legal counsel to represent

the superintendent in the superintendent's role as rehabilitator or liquidator of

an impaired or insolvent insurer.