Ohio Revised Code
Chapter 3905 | Insurance Producers Licensing Act
Section 3905.24 | Confidentiality of Records and Information - Exceptions.

Effective: August 6, 2004
Latest Legislation: House Bill 243 - 125th General Assembly
(A)(1) All records and other information obtained by the superintendent of insurance or the superintendent's deputies, examiners, assistants, or other employees, or agents relating to an investigation of an applicant for licensure under this chapter, or of an agent, solicitor, broker, or other person licensed or appointed under this chapter or Chapter 3951. or 3959. of the Revised Code, are confidential and are not public records as defined in section 149.43 of the Revised Code until the applicant, licensee, or appointee is provided notice and opportunity for hearing pursuant to Chapter 119. of the Revised Code with respect to such records or information. If no administrative action is initiated with respect to a particular matter about which the superintendent obtained records or other information as part of an investigation, all such records and information relating to that matter shall remain confidential for three years after the file on the matter is closed.
(2) Division (A)(1) of this section applies only to investigations that could result in administrative action under Title XVII or XXXIX or Chapter 119. of the Revised Code.
(B) The records and other information described in division (A) of this section shall remain confidential for all purposes except when it is appropriate for the superintendent and the superintendent's deputies, examiners, assistants, or other employees, or agents to take official action regarding the affairs of the applicant, licensee, or appointee or in connection with actual or potential criminal proceedings.
(C) Notwithstanding divisions (A) and (B) of this section, the superintendent may do either of the following:
(1) Share records and other information 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, and with the national association of insurance commissioners and its affiliates and subsidiaries, provided that the recipient agrees to maintain the confidential status of the confidential record or other information and has authority to do so;
(2) Disclose records and other information 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.
(D) Notwithstanding divisions (A), (B), and (C) of this section, the superintendent may authorize the national association of insurance commissioners and its affiliates and subsidiaries by agreement to share confidential records and other information received pursuant to division (C)(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 status of the confidential record or other information and has authority to do so.
(E) Notwithstanding divisions (A), (B), and (C) of this section, the chief deputy rehabilitator, the chief deputy liquidator, and other deputy rehabilitators and liquidators may disclose records and other information 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.
(F) Nothing in this section shall prohibit the superintendent from receiving records and other information in accordance with section 3901.045 of the Revised Code.
(G)(1) No waiver of any applicable privilege or claim of confidentiality in the records and other information that are the subject of this section shall occur as a result of sharing or receiving records or other information as authorized in divisions (C)(1), (D), and (F) of this section.
(2) The disclosure of records or other information in connection with a regulatory or legal action pursuant to divisions (C)(2) and (E) of this section does not prohibit an insurer or any other person from taking steps to limit the dissemination of the record or other information 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.
(H) Employees or agents of the department of insurance shall not be required by any court in this state to testify in a civil action, if the testimony concerns any matter related to records or other information considered confidential under this section of which they have knowledge.

Structure Ohio Revised Code

Ohio Revised Code

Title 39 | Insurance

Chapter 3905 | Insurance Producers Licensing Act

Section 3905.01 | Insurance Producers Licensing Act Definitions.

Section 3905.02 | License Required.

Section 3905.03 | Exceptions to Licensing Requirement.

Section 3905.04 | Written Examination of Applicant for Agent License.

Section 3905.041 | Exceptions to Program of Insurance Education or Examination Requirement.

Section 3905.05 | Application for Resident Insurance Agent License.

Section 3905.051 | Criminal Records Check; Fingerprinting; Confidentiality.

Section 3905.06 | Issuance and Contents of License - Lines of Authority.

Section 3905.061 | Agent to File of Change of Address.

Section 3905.062 | Portable Electronics Insurance.

Section 3905.063 | Self-Service Storage Insurance; License Required.

Section 3905.064 | Travel Insurance Definitions.

Section 3905.065 | Travel Insurance Agent License; Travel Protection Plans; Policy Requirements.

Section 3905.066 | Travel Retailers.

Section 3905.067 | Unfair and Deceptive Acts or Practices.

Section 3905.068 | Tax on Travel Insurance Premiums.

Section 3905.069 | Travel Administrators.

Section 3905.0610 | Classification of Travel Insurance; Eligibility and Underwriting Standards.

Section 3905.0611 | Rules.

Section 3905.07 | Nonresident Insurance Agent or Surplus Lines Broker License; Renewal.

Section 3905.071 | Nonresident to File Change of Address.

Section 3905.072 | Nonresident Limited Lines Insurance Agent License.

Section 3905.08 | Reciprocity.

Section 3905.081 | Waiving Licensing Requirement for Nonresident Persons in Violation of Federal Reciprocity Requirements.

Section 3905.09 | Temporary Insurance Agent License.

Section 3905.11 | Agent's Use of Assumed Name.

Section 3905.12 | Rules.

Section 3905.14 | Disciplinary Actions.

Section 3905.15 | Hearing to Determine Administrative Action Modification.

Section 3905.16 | Surrender of License.

Section 3905.18 | Paying Unlawful Consideration.

Section 3905.181 | Accepting Consideration Without License.

Section 3905.182 | Sale of Shares of Capital Stock of Life Insurance Company or Agency.

Section 3905.20 | Appointment of Insurance Agent to Act as Agent of Insurer.

Section 3905.201 | Limited Line Credit Insurance Program of Instruction.

Section 3905.21 | Notice of Terminating Relationship With Insurance Agent.

Section 3905.211 | Immunity.

Section 3905.212 | Sanctions.

Section 3905.22 | Agent to Provide Notice of Administrative Action or of Prosecution and Disposition.

Section 3905.24 | Confidentiality of Records and Information - Exceptions.

Section 3905.26 | Centralized Agent License Registry.

Section 3905.28 | Rules.

Section 3905.29 | Mutual Protective Associations Exempted.

Section 3905.30 | Resident and Nonresident Surplus Lines Broker's License.

Section 3905.31 | Prohibitions.

Section 3905.32 | License Fees.

Section 3905.33 | Unauthorized Insurers; Applicability and Construction of Federal Provisions; Due Diligence.

Section 3905.331 | Exempt Commercial Purchasers; Qualifications; Qualified Risk Managers.

Section 3905.332 | Designation as Domestic Surplus Lines Insurer.

Section 3905.34 | Separate Accounts.

Section 3905.35 | Bond.

Section 3905.36 | Taxing Firms Dealing With Unauthorized Foreign Insurers; Waiver of Penalty and Interest Charges; Surplus Lines Brokers.

Section 3905.37 | Prohibited Acts.

Section 3905.38 | Exemptions.

Section 3905.39 | Continuation of Certificates and Licenses.

Section 3905.40 | Fees Paid to Superintendent of Insurance.

Section 3905.401 | Valuation Fee Not Applicable to Reinsurance Ceded to Affiliated Companies.

Section 3905.41 | Accounts for Fees.

Section 3905.42 | Insurance Business Must Be Authorized.

Section 3905.421 | Vehicle Protection Product Warranty.

Section 3905.422 | Homes Service Contract Are Consumer Transactions.

Section 3905.423 | Consumer Goods Contracts to Be Covered by Reimbursement Insurance.

Section 3905.424 | Waiver of Customer Obligation Not Insurance Matter.

Section 3905.426 | Requirements for Ancillary Product Protection Contracts.

Section 3905.43 | Advertising Limitations.

Section 3905.44 | Limitation Upon Domestic Companies.

Section 3905.45 | Payment of Funeral or Burial Expenses Policy.

Section 3905.451 | Funeral or Burial Goods or Services Coverage Not Subject to Preneed Provisions.

Section 3905.46 | Application of Law.

Section 3905.47 | Agent Training Programs.

Section 3905.471 | Insurance Navigator Certification.

Section 3905.472 | Qualified Health Benefit Plans.

Section 3905.473 | Exchange Listings.

Section 3905.474 | Qualifications for In-Person Assisters.

Section 3905.481 | Continuing Education Requirements.

Section 3905.484 | Establishing Criteria for Course or Program of Study for License Examination.

Section 3905.485 | Establishing Schedule of Fees for Course or Program of Study for License Examination.

Section 3905.486 | Adoption of Rules.

Section 3905.49 | Prohibiting False Representation as Independent Agent.

Section 3905.50 | Terminating Independent Insurance Agent Contract.

Section 3905.53 | Effect of Child Support Default on License.

Section 3905.55 | Agent Fees.

Section 3905.56 | Compensation by Public Entity for Placement of Insurance.

Section 3905.61 | Controlled Insurers Definitions.

Section 3905.62 | Application of Sections.

Section 3905.63 | Limits on Business Placed With Controlled Insurer by Controlling Producer.

Section 3905.64 | Notice to Prospective Insured by Controlling Producer.

Section 3905.65 | Remedies for Noncompliance.

Section 3905.71 | Managing General Agent Definitions.

Section 3905.72 | Managing General Agent License Requirement.

Section 3905.73 | Responsibilities of Managing General Agent.

Section 3905.74 | Independent Financial Examination of Each Managing General Agent.

Section 3905.75 | Acts of Agent Deemed Acts of Insurer - Examinations.

Section 3905.76 | Prohibition.

Section 3905.77 | Penalties for Violations.

Section 3905.78 | Rights Not Limited or Restricted.

Section 3905.79 | Rules.

Section 3905.81 | Reinsurance Intermediary-Broker or Intermediary-Manager License Required - Rules.

Section 3905.83 | Surety Bail Bond Agent Definitions.

Section 3905.84 | Surety Bail Bond Agent to Be Qualified, Licensed, and Appointed.

Section 3905.841 | Persons or Classes of Persons Not to Act as Agents.

Section 3905.85 | Surety Bail Bond Agent License.

Section 3905.851 | No Imposition of Local Licensing Fees.

Section 3905.86 | Appointment of Agent by Insurer.

Section 3905.861 | Extending Appointments to Affiliated Agents.

Section 3905.862 | Expiration or Cancellation of Appointment; Fee.

Section 3905.87 | Registration of Agent With Court Clerks; List of Court-Registered Surety Bail Bond Agents.

Section 3905.88 | Continuing Education.

Section 3905.89 | Notice of Change of Principal Business Address or Telephone Number.

Section 3905.90 | Records of Surety Bonds to Be Maintained - Furnishing of Information.

Section 3905.901 | Determination of Direct Written Premiums for Bail Bonds.

Section 3905.91 | Build-Up Funds.

Section 3905.92 | Requirements for Acceptance of Collateral Security or Other Indemnity.

Section 3905.921 | Discharge of Bond Where Collateral Security or Other Indemnity Accepted.

Section 3905.93 | Bail Bond - Charges and Fees.

Section 3905.931 | Furnishing of Forms and Other Supplies.

Section 3905.932 | Prohibited Acts.

Section 3905.933 | Signing or Countersigning Agent's Name to a Bond.

Section 3905.934 | Advertising Requirements.

Section 3905.94 | License Suspension or Revocation.

Section 3905.941 | Designation of Successor Agent.

Section 3905.95 | Rules.

Section 3905.99 | Penalty.