Ohio § 3959.12

§ 3959.12.

(A) Any license issued under sections 3959.01 to 3959.16 of the Revised Code may be suspended for a period not to exceed two years, revoked, or not renewed by

the superintendent of insurance after notice to the licensee and hearing in accordance

with Chapter 119. of the Revised Code.  The superintendent may suspend, revoke, or refuse to renew a license if upon investigation

and proof the superintendent finds that the licensee has done any of the following: (1) Knowingly violated any provision of sections 3959.01 to 3959.16 of the Revised Code or any rule promulgated by the superintendent; (2) Knowingly made a material misstatement in the application for the license; (3) Obtained or attempted to obtain a license through misrepresentation or fraud; (4) Misappropriated or converted to the licensee's own use or improperly withheld insurance

company premiums or contributions held in a fiduciary capacity, excluding, however,

any interest earnings received by the administrator as disclosed in writing by the

administrator to the plan sponsor; (5) In the transaction of business under the license, used fraudulent, coercive, or dishonest

practices; (6) Failed to appear without reasonable cause or excuse in response to a subpoena, examination,

warrant, or other order lawfully issued by the superintendent; (7) Is affiliated with or under the same general management or interlocking directorate

or ownership of another administrator that transacts business in this state and is

not licensed under sections 3959.01 to 3959.16 of the Revised Code ; (8) Had a license suspended, revoked, or not renewed in any other state, district, territory,

or province on grounds identical to those stated in sections 3959.01 to 3959.16 of the Revised Code ; (9) Been convicted of a financially related felony; (10) Failed to report a felony conviction as required under section 3959.13 of the Revised Code . (B) Upon receipt of notice of the order of suspension in accordance with sections 119.05 and 119.07 of the Revised Code , the licensee shall promptly deliver the license to the superintendent, unless the

order of suspension is appealed under section 119.12 of the Revised Code . (C) Any person whose license is revoked or whose application is denied pursuant to sections 3959.01 to 3959.16 of the Revised Code is ineligible to apply for an administrators license for two years. (D) The superintendent may impose a monetary fine against a licensee if, upon investigation

and after notice and opportunity for hearing in accordance with Chapter 119. of the

Revised Code, the superintendent finds that the licensee has committed fraud or engaged

in any illegal or dishonest activity in connection with the administration of pharmacy

benefit management services.