Ohio Revised Code
Chapter 3904 | Insurance Information Practices
Section 3904.16 | Superintendent to Issue and Serve Statement of Charges and Notice of Hearing.

Effective: January 1, 2021
Latest Legislation: House Bill 339 - 133rd General Assembly
(A) Whenever the superintendent of insurance has reason to believe that an insurance institution, agent, or insurance support organization has been or is engaged in conduct in this state that violates sections 3904.01 to 3904.22 of the Revised Code, or if the superintendent believes that an insurance support organization has been or is engaged in conduct outside this state that has an effect on a person residing in this state and that violates these sections, the superintendent shall issue and serve upon such insurance institution, agent, or insurance support organization a statement of charges and notice of hearing to be held at a time and place fixed in the notice. The date for such hearing shall be not less than thirty days after the date of service.
(B) At the time and place fixed for such hearing, the insurance institution, agent, or insurance support organization charged shall have an opportunity to answer the charges against it and present evidence on its behalf. Upon good cause shown, the superintendent shall permit any adversely affected person to intervene, appear, and be heard at such hearing by counsel or in person.
(C) At any hearing conducted pursuant to this section, the superintendent may administer oaths, examine, and cross-examine witnesses and receive oral and documentary evidence. The superintendent may subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence and other documents that are relevant to the hearing. A stenographic record of the hearing shall be made upon the request of any party or at the discretion of the superintendent. If no stenographic record is made and if judicial review is sought, the superintendent shall prepare a statement of the evidence for use on the review. Hearings conducted under this section are governed by the same rules of evidence and procedure applicable to administrative proceedings conducted under Chapter 119. of the Revised Code.
(D) Statements of charges, notices, orders, and other processes of the superintendent under sections 3904.01 to 3904.22 of the Revised Code may be served by anyone authorized to act on behalf of the superintendent. Service of process may be completed in the manner provided by law for service of process in civil actions or by registered mail. A copy of the statement of charges, notice, order or other process shall be provided to the person or persons whose rights under these sections have been allegedly violated. A verified return setting forth the manner of service, or return postcard receipt in the case of registered mail, is sufficient proof of service.

Structure Ohio Revised Code

Ohio Revised Code

Title 39 | Insurance

Chapter 3904 | Insurance Information Practices

Section 3904.01 | Insurance Information Practices Definitions.

Section 3904.02 | Applicability of Chapter.

Section 3904.03 | Pretext Interviews.

Section 3904.04 | Institution or Agent to Provide Notice of Information Practices to Applicants and Policyholders.

Section 3904.05 | Marketing or Research Questions.

Section 3904.06 | Disclosure Authorization Form.

Section 3904.07 | Investigative Consumer Report.

Section 3904.08 | Written Request for Access to Recorded Personal Information.

Section 3904.09 | Correction, Amendment or Deletion of Information.

Section 3904.10 | Written Reason for Adverse Underwriting Decision Summary of Rights.

Section 3904.11 | Inquiry Concerning Previous Adverse Underwriting Decision.

Section 3904.12 | Prohibited Bases for Adverse Underwriting Decision.

Section 3904.13 | Disclosure of Personal or Privileged Information.

Section 3904.14 | Obtaining Information Under False Pretenses.

Section 3904.15 | Superintendent May Examine and Investigate Conduct.

Section 3904.16 | Superintendent to Issue and Serve Statement of Charges and Notice of Hearing.

Section 3904.17 | Organization Transacting Business Outside State - Superintendent of Insurance to Accept Service of Process.

Section 3904.18 | Cease and Desist Order or Report Finding No Violation - Petition for Review.

Section 3904.19 | Penalties for Knowing Violation or Violation of Cease and Desist Order.

Section 3904.20 | Review of Order or Report of Superintendent by Court of Common Pleas.

Section 3904.21 | Action by Person Whose Rights Are Violated.

Section 3904.22 | Authorized Disclosures of Personal or Privileged Information - Immunity.