2006 Ohio Revised Code - 3905.85. License as surety bail bond agent.

§ 3905.85. License as surety bail bond agent.
 

(A)  An applicant 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. 
 

The applicant shall also request a criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with section 109.572 [109.57.2] of the Revised Code, or other governmental agencies, or other sources, as required and designated by the superintendent of insurance, and direct that the responses to that request be transmitted to the superintendent of insurance, or to the superintendent's designee. If the superintendent of insurance or the superintendent's designee fails to receive a response to a requested criminal records check, or if the applicant fails to request the criminal records check, the superintendent may refuse to issue a license under this section. The applicant shall pay any fee required for conducting the criminal records check. 
 

An applicant for a license shall submit to an examination as to the qualifications set forth in division (B) of this section. 

(B)  The superintendent of insurance shall issue to an applicant a 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: 

(1) The applicant is eighteen years of age or older. 

(2) The applicant is a person of high character and integrity. 

(3) 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. 

(C)  A 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. 

(D)  The superintendent of insurance may suspend or revoke a surety bail bond agent's license as provided in section 3905.482 [3905.48.2] 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 requested pursuant to division (A) of this section, the superintendent shall send a copy of the response that was transmitted to the superintendent or to the superintendent's designee, 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)  Unless revoked or suspended by the superintendent of insurance or surrendered by the surety bail bond agent, such a license may, in the discretion of the superintendent and the payment of a one hundred fifty dollar fee, be renewed effective the first day of March next after its issue and after the first day of March in each succeeding year. 

(G)  The superintendent of insurance 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 [17] 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 [3901.02.1] of the Revised Code. 
 

HISTORY: 148 v H 730 (Eff 10-9-2001); 149 v S 129. Eff 9-1-2002.
 

The effective date is set by section 3 of SB 129.