P&COhiohard
ODI believes an Ohio producer is currently misappropriating premium trust funds. May the Director issue a cease and desist order BEFORE a full evidentiary hearing?
ANo — Ohio law forbids any order without a prior hearing in every circumstance
BOnly with the prior written approval of the Attorney General and Governor
Yes, by summary order, with prompt post-issuance hearing rights under R.C. 119
DOnly if the producer voluntarily consents in writing to the order before issuance
Why this is the answer
Under R.C. 3901.22 read with the Ohio APA (R.C. 119), when there is reason to believe immediate enforcement action is needed to protect the public, the Director may issue a summary (emergency) order. The respondent is then entitled to a prompt post-issuance hearing.
Studying for the Ohio Property & Casualty exam?
This question comes from our P&C bank. Take a free practice test — no signup.