HB 534

As Introduced
136th General Assembly
   Regular Session  H. B. No. 534
       2025-2026
  Representatives White, E., Ghanbari
  To amend section 9.79; to enact new sections  1
  4710.01, 4710.02, 4710.03, and 4710.04 and  2
  sections 4710.05, 4710.06, 4710.07, 4710.08,  3
  4710.09, 4710.10, 4710.11, 4710.12, 4710.13,  4
  4710.14, 4710.15, 4710.16, 4710.17, 4710.18, and  5
  4710.19; and to repeal sections 4710.01,  6
  4710.02, 4710.03, 4710.04, and 4710.99 of the  7
  Revised Code to provide for the licensure of  8
  debt services providers.  9
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That section 9.79 be amended and new sections  10
4710.01, 4710.02, 4710.03, and 4710.04 and sections 4710.05,  11
4710.06, 4710.07, 4710.08, 4710.09, 4710.10, 4710.11, 4710.12,  12
4710.13, 4710.14, 4710.15, 4710.16, 4710.17, 4710.18, and  13
4710.19 of the Revised Code be enacted to read as follows:  14
     Sec. 9.79. (A) As used in this section:  15
     (1) "License" means an authorization evidenced by a  16
license, certificate, registration, permit, card, or other  17
authority that is issued or conferred by a licensing authority  18
to an individual by which the individual has or claims the  19
privilege to engage in a profession, occupation, or occupational  20
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activity over which the licensing authority has jurisdiction.  21
"License" does not include a registration under section 101.72,  22
101.92, or 121.62 of the Revised Code.  23
       (2) "Licensing authority" means a state agency that issues  24
licenses under Title XLVII or any other provision of the Revised  25
Code to practice an occupation or profession.  26
       (3) "Offense of violence" has the same meaning as in  27
section 2901.01 of the Revised Code.  28
       (4) "Sexually oriented offense" has the same meaning as in  29
section 2950.01 of the Revised Code.  30
       (5) "State agency" has the same meaning as in section 1.60  31
of the Revised Code.  32
       (6) "Community control sanction" has the same meaning as  33
in section 2929.01 of the Revised Code.  34
       (7) "Post-release control sanction" has the same meaning  35
as in section 2967.01 of the Revised Code.  36
       (8) "Fiduciary duty" means a duty to act for someone  37
else's benefit, while subordinating one's personal interest to  38
that of the other person.  39
       (B)(1) Notwithstanding any provision of the Revised Code  40
to the contrary, subject to division (L) of this section, for  41
each type of license issued or conferred by a licensing  42
authority, the licensing authority shall establish within one  43
hundred eighty days after April 12, 2021, a list of specific  44
criminal offenses for which a conviction, judicial finding of  45
guilt, or plea of guilty may disqualify an individual from  46
obtaining an initial license. The licensing authority shall make  47
the list available to the public on the licensing authority's  48
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As Introduced
web site pursuant to division (C) of section 9.78 of the Revised  49
Code. The licensing authority, in adopting the list, shall do  50
both of the following:  51
       (a) Identify each disqualifying offense by name or by the  52
Revised Code section number that creates the offense;  53
       (b) Include in the list only criminal offenses that are  54
directly related to the duties and responsibilities of the  55
licensed occupation.  56
       (2) The licensing authority may include in the list  57
established under division (B)(1) of this section an existing or  58
former municipal ordinance or law of this or any other state or  59
the United States that is substantially equivalent to any  60
section or offense included in the list adopted under division  61
(B)(1) of this section.  62
       (C)(1) Except as provided in division (C)(2) or (D) of  63
this section and subject to division (L) of this section, a  64
licensing authority shall not refuse to issue an initial license  65
to an individual based on any of the following:  66
       (a) Solely or in part on a conviction of, judicial finding  67
of guilt of, or plea of guilty to an offense;  68
       (b) A criminal charge that does not result in a  69
conviction, judicial finding of guilt, or plea of guilty;  70
       (c) A nonspecific qualification such as "moral turpitude"  71
or lack of "moral character";  72
       (d) A disqualifying offense included in the list  73
established under division (B) of this section, if consideration  74
of that offense occurs after the time periods permitted in  75
division (D) of this section.  76
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       (2) If the individual was convicted of, found guilty  77
pursuant to a judicial finding of guilt of, or pleaded guilty to  78
a disqualifying offense included in the list established under  79
division (B) of this section for the license for which the  80
individual applied, the licensing authority may take the  81
conviction, judicial finding of guilt, or plea of guilty into  82
consideration in accordance with division (D) of this section.  83
       (D)(1) A licensing authority that may, under division (C)  84
(2) of this section, consider a conviction of, judicial finding  85
of guilt of, or plea of guilty to an offense in determining  86
whether to refuse to issue an initial license to an individual  87
shall consider all of the following factors and shall use a  88
preponderance of the evidence standard in evaluating those  89
factors to determine whether the conviction, judicial finding of  90
guilt, or plea of guilty disqualifies the individual from  91
receiving the license:  92
       (a) The nature and seriousness of the offense for which  93
the individual was convicted, found guilty pursuant to a  94
judicial finding of guilt, or pleaded guilty;  95
       (b) The passage of time since the individual committed the  96
offense;  97
       (c) The relationship of the offense to the ability,  98
capacity, and fitness required to perform the duties and  99
discharge the responsibilities of the occupation;  100
       (d) Any evidence of mitigating rehabilitation or treatment  101
undertaken by the individual, including whether the individual  102
has been issued a certificate of qualification for employment  103
under section 2953.25 of the Revised Code or a certificate of  104
achievement and employability under section 2961.22 of the  105
H. B. No. 534  Page 5
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Revised Code;  106
       (e) Whether the denial of a license is reasonably  107
necessary to ensure public safety.  108
       (2) A licensing authority may take a disqualifying offense  109
included in the list established under division (B) of this  110
section into account only during the following time periods:  111
       (a) For a conviction of, judicial finding of guilt of, or  112
plea of guilty to a disqualifying offense that does not involve  113
a breach of fiduciary duty and that is not an offense of  114
violence or a sexually oriented offense, whichever of the  115
following is later, provided the individual was not convicted  116
of, found guilty pursuant to a judicial finding of guilt of, and  117
did not enter a plea of guilty to any other offense during the  118
applicable period:  119
       (i) Five years from the date of conviction, judicial  120
finding of guilt, or plea of guilty;  121
       (ii) Five years from the date of the release from  122
incarceration;  123
       (iii) The time period specified in division (D)(3) of this  124
section.  125
       (b) For a conviction of, judicial finding of guilt of, or  126
plea of guilty to a disqualifying offense that involves a breach  127
of fiduciary duty and that is not an offense of violence or a  128
sexually oriented offense, whichever of the following is later,  129
provided the individual was not convicted of, found guilty  130
pursuant to a judicial finding of guilt of, and did not enter a  131
plea of guilty to any other offense during the applicable  132
period:  133
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       (i) Ten years from the date of conviction, judicial  134
finding of guilt, or plea of guilty;  135
       (ii) Ten years from the date of the release from  136
incarceration;  137
       (iii) The time period specified in division (D)(4) of this  138
section.  139
       (c) For a conviction of, judicial finding of guilt of, or  140
plea of guilty to a disqualifying offense that is an offense of  141
violence or a sexually oriented offense, any time.  142
       (3) If an individual is subject to a community control  143
sanction, parole, or post-release control sanction based on a  144
conviction of, judicial finding of guilt of, or plea of guilty  145
to a disqualifying offense included in the list established  146
under division (B) of this section that is not an offense of  147
violence or a sexually oriented offense, a licensing authority  148
may take the offense into account during the following time  149
periods:  150
       (a) If the community control sanction, parole, or post-  151
release control sanction was for a term of less than five years,  152
the period of the community control sanction, parole, or post-  153
release control sanction plus the number of years after the date  154
of final discharge of the community control sanction, parole, or  155
post-release control sanction necessary to equal five years;  156
       (b) If the community control sanction, parole, or post-  157
release control sanction was for a term of five years or more,  158
the period of the community control sanction, parole, or post-  159
release control sanction.  160
       (4) If an individual is subject to a community control  161
sanction, parole, or post-release control sanction based on a  162
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conviction of, judicial finding of guilt of, or plea of guilty  163
to a disqualifying offense included in the list established  164
under division (B) of this section that involved a breach of  165
fiduciary duty and that is not an offense of violence or a  166
sexually oriented offense, a licensing authority may take the  167
offense into account during the following time periods:  168
       (a) If the community control sanction, parole, or post-  169
release control sanction was for a term of less than ten years,  170
for the period of the community control sanction, parole, or  171
post-release control sanction plus the number of years after the  172
date of final discharge of the community control sanction,  173
parole, or post-release control sanction necessary to equal ten  174
years;  175
       (b) If the community control sanction, parole, or post-  176
release control sanction was for a term of ten years or more,  177
the period of the community control sanction, parole, or post-  178
release control sanction.  179
       (E) If a licensing authority refuses to issue an initial  180
license to an individual pursuant to division (D) of this  181
section, the licensing authority shall notify the individual in  182
writing of all of the following:  183
       (1) The grounds and reasons for the refusal, including an  184
explanation of the licensing authority's application of the  185
factors under division (D) of this section to the evidence the  186
licensing authority used to reach the decision;  187
       (2) The individual's right to a hearing regarding the  188
licensing authority's decision under section 119.06 of the  189
Revised Code;  190
       (3) The earliest date the individual may reapply for a  191
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license;  192
        (4) Notice that evidence of rehabilitation may be  193
considered on reapplication.  194
        (F) In an administrative hearing or civil action reviewing  195
a licensing authority's refusal under divisions (B) to (K) of  196
this section to issue an initial license to an individual, the  197
licensing authority has the burden of proof on the question of  198
whether the individual's conviction of, judicial finding of  199
guilt of, or plea of guilty to an offense directly relates to  200
the licensed occupation.  201
        (G) A licensing authority that is authorized by law to  202
limit or otherwise place restrictions on a license may do so to  203
comply with the terms and conditions of a community control  204
sanction, post-release control sanction, or an intervention plan  205
established in accordance with section 2951.041 of the Revised  206
Code.  207
        (H) Each licensing authority shall adopt any rules that it  208
determines are necessary to implement divisions (B) to (F) of  209
this section.  210
        (I) Divisions (B) to (K) of this section do not apply to  211
any of the following:  212
        (1) Any position for which appointment requires compliance  213
with section 109.77 of the Revised Code or in which an  214
individual may satisfy the requirements for appointment or  215
election by complying with that section;  216
        (2) Any position for which federal law requires  217
disqualification from licensure or employment based on a  218
conviction of, judicial finding of guilt of, or plea of guilty  219
to an offense;  220
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        (3) Community-based long-term care services certificates  221
and community-based long-term care services contracts or grants  222
issued under section 173.381 of the Revised Code;  223
        (4) Certifications of a provider to provide community-  224
based long-term care services under section 173.391 of the  225
Revised Code;  226
        (5) Certificates of authority to a health insuring  227
corporation issued under section 1751.05 of the Revised Code;  228
        (6) Licenses to operate a home or residential care  229
facility issued under section 3721.07 of the Revised Code;  230
        (7) Certificates of authority to make contracts of  231
indemnity issued under section 3931.10 of the Revised Code;  232
        (8) Supported living certificates issued under section  233
5123.161 of the Revised Code;  234
        (9) Certificates to administer medications and perform  235
health-related activities under section 5123.45 of the Revised  236
Code;  237
        (10) Debt services provider licenses issued under Chapter  238
4710. of the Revised Code.  239
        (J) Nothing in divisions (B) to (K) of this section  240
prohibits a licensing authority from considering either of the  241
following when making a determination whether to issue a license  242
to an individual:  243
        (1) Past disciplinary action taken by the licensing  244
authority against the individual;  245
        (2) Past disciplinary action taken against the individual  246
by an authority in another state that issues a license that is  247
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substantially similar to the license for which the individual  248
applies.  249
       (K) Notwithstanding any provision of the Revised Code to  250
the contrary, if a licensing authority issues a license to an  251
individual after considering a conviction of, judicial finding  252
of guilt of, or plea of guilty to an offense under division (D)  253
of this section, the licensing authority shall not refuse to  254
renew the individual's license based on that conviction,  255
judicial finding of guilt, or plea of guilty.  256
       (L)(1) Notwithstanding any provision of the Revised Code  257
to the contrary, subject to division (G) of this section, during  258
the period commencing on the effective date of this amendment  259
April 4, 2023, and ending on the date that is two years after  260
the effective date of this amendment April 4, 2025, no licensing  261
authority shall refuse to issue a license to a person, limit or  262
otherwise place restrictions on a person's license, or suspend  263
or revoke a person's license under any provision of the Revised  264
Code that takes effect on or after the effective date of this  265
amendment April 4, 2023, and prior to the date that is two years  266
after the effective date of this amendment April 4, 2025, and  267
that requires or authorizes such a refusal, limitation,  268
restriction, suspension, or revocation as a result of the  269
person's conviction of, judicial finding of guilt of, or plea of  270
guilty to an offense.  271
       (2) Divisions (B) to (F), and (H) to (K), of this section  272
do not apply with respect to any provision of the Revised Code  273
that takes effect on or after the effective date of this  274
amendment April 4, 2023, and prior to the date that is two years  275
after the effective date of this amendment April 4, 2025, and  276
that requires or authorizes a licensing authority to refuse to  277
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issue a license to a person, to limit or otherwise place  278
restrictions on a person's license, or to suspend or revoke a  279
person's license as a result of the person's conviction of,  280
judicial finding of guilt of, or plea of guilty to an offense.  281
       Sec. 4710.01. As used in this chapter:  282
       (A) "Agreement" means a contract between a licensee and a  283
consumer that meets the requirements of section 4710.08 of the  284
Revised Code.  285
       (B) "Bank" means an entity that solicits, receives, or  286
accepts money or its equivalent for deposit as a business,  287
whether the deposit is made by check or is evidenced by a  288
certificate of deposit, passbook, note, receipt, ledger card, or  289
otherwise. "Bank" includes a state bank or any entity doing  290
business as a commercial bank, savings bank, savings and loan  291
association, mortgage bank, credit union, or trust company under  292
authority granted by the office of the comptroller of the  293
currency or the former office of thrift supervision, the  294
appropriate bank regulatory authority of another state of the  295
United States, or the appropriate bank regulatory authority of  296
another country.  297
       (C) "Business address" means the designation of the  298
physical location of a business, including the name and number  299
of a street.  300
       (D) "Business day" has the same meaning as in section  301
3901.81 of the Revised Code.  302
       (E) "Consumer" means an individual who executes an  303
agreement with a licensee.  304
       (F) "Credit counseling" means advising and educating  305
individuals on acquiring and managing debt.  306
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       (G) "Creditor" means a person who extends credit to a  307
consumer, including any agent or assignee of the person.  308
       (H)(1) "Debt resolution services" means any program or  309
service represented, directly or by implication, to renegotiate,  310
settle, or in any way alter the terms of payment or other terms  311
of the debt between a consumer and one or more unsecured  312
creditors, including a reduction in the balance, interest rate,  313
or fees owed by a consumer to an unsecured creditor.  314
       (2) "Debt resolution services" do not include credit  315
counseling.  316
       (I) "Dedicated account" means an account used pursuant to  317
section 4710.08 of the Revised Code.  318
       (J) "Dedicated account service provider" means an entity  319
that facilitates transactions authorized by the consumer  320
pursuant to the terms of 16 C.F.R. 310.4(a)(5)(ii).  321
       (K) "Key officer" includes the chief executive officer,  322
chief financial officer, chief compliance officer, and members  323
of the board of directors of a business.  324
       (L) "Licensee" means a provider of debt resolution  325
services that possesses a valid license issued under this  326
chapter.  327
       (M) "Person" means any individual, group, unincorporated  328
association, limited or general partnership, corporation, or  329
other business entity.  330
       (N) "State" means any state of the United States, the  331
District of Columbia, Puerto Rico, the Northern Mariana Islands,  332
and any other territory, possession, or protectorate of the  333
United States.  334
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       Sec. 4710.02. (A) Except as otherwise provided in section  335
4710.03 of the Revised Code, no person shall provide or offer to  336
provide debt resolution services to consumers who reside in this  337
state without first obtaining a debt resolution services license  338
from the superintendent of financial institutions.  339
       (B) A debt resolution services license corresponds to the  340
primary business address of the licensee. A licensee is not  341
required to obtain a separate license for each business location  342
in this state.  343
       (C) Licenses issued under this section are not  344
transferable or assignable.  345
       (D) Prior to offering or providing debt resolution  346
services to consumers who reside in this state, a licensee shall  347
file a surety bond in favor of this state in an amount, not to  348
exceed fifty thousand dollars, prescribed by rule of the  349
superintendent.  350
       (E) A licensee shall not provide debt resolution services  351
to consumers who reside in this state under any business name  352
other than the following:  353
       (1) The business name that is listed on the license;  354
       (2) A fictitious business name registered with the  355
secretary of state and provided to the superintendent.  356
       (F) The superintendent shall adopt rules in accordance  357
with Chapter 119. of the Revised Code as necessary to administer  358
applications for and issuance of the license required by this  359
chapter. Such rules may require reasonable fees for  360
investigating applicants, licensure, and renewal.  361
       Sec. 4710.03. (A) None of the following are subject to  362
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this chapter:  363
       (1) A person organized under section 501(c) or 501(q) of  364
the "Internal Revenue Code of 1986," 26 U.S.C. 1, et seq.;  365
       (2) A judicial officer, including an individual acting  366
under the direction of a court;  367
       (3) A bank, including agents and employees of a bank  368
acting within the scope of such agency or employment;  369
       (4) An attorney licensed to practice law in this state who  370
provides debt resolution services within an attorney-client  371
relationship;  372
       (5) A creditor or employee of a creditor, acting within  373
the scope of such employment, that negotiates debt resolution  374
with consumers or with licensees acting on behalf of consumers;  375
       (6) An assignee or trustee for the benefit of creditors;  376
       (7) Officers or employees of the United States or any  377
state who perform debt resolution services on behalf of the  378
federal government, a state, a municipal corporation, or a state  379
agency, and who receive compensation solely from the  380
governmental entity;  381
       (8) Certified public accountants licensed in this state  382
who provide debt resolution services within an accountant-client  383
relationship;  384
       (9) Dedicated account service providers that do not  385
otherwise provide debt resolution services for consumers;  386
       (10) Persons that provide debt resolution services  387
exclusively to individuals who do not reside in this state or  388
who the person has no reason to know reside in this state at the  389
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time the person agrees to provide the debt resolution services;  390
       (11) Persons that provide credit counseling services only  391
and who do not attempt to negotiate or settle a debt.  392
       (B) Neither of the following are required to obtain a  393
license under section 4710.02 of the Revised Code:  394
       (1) Employees of a licensee acting within the scope of  395
employment;  396
       (2) Persons who market on behalf of licensees and do not  397
otherwise provide debt resolution services.  398
       Sec. 4710.04. (A) A person that seeks a license to provide  399
debt resolution services to consumers who reside in this state  400
or a licensee that seeks to renew a license issued under this  401
chapter shall apply to the superintendent of financial  402
institutions in the form and manner prescribed by the  403
superintendent. A license to provide debt resolution services is  404
valid for two years after the date of issuance or, in the case  405
of a renewal, two years after the date the previous license  406
expires.  407
       (B) The application for licensure or renewal must be  408
signed by the applicant under oath and shall include all of the  409
following information:  410
       (1) Proof that the applicant is licensed, registered, or  411
certified to transact business in the state under Title XVII of  412
the Revised Code;  413
       (2) The applicant's name, principal business address, and  414
telephone number;  415
       (3) All of the applicant's business addresses in this  416
state;  417
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       (4) The principal electronic mail address and web site the  418
applicant uses or intends to use in providing debt resolution  419
services to consumers who reside in this state;  420
       (5) The name and business address of each of the  421
applicant's key officers;  422
       (6) A statement describing, to the extent known to the  423
applicant or to the extent that a reasonably prudent person  424
would know under the same circumstances, any material civil or  425
criminal judgment or any enforcement action against the  426
applicant or any of applicant's key officers, in any  427
jurisdiction or by any local, state, or federal governmental  428
agency, in each case relating to debt resolution, debt pooling,  429
prorating, activity as a credit services organization, unfair  430
and deceptive trade practices, false advertising, consumer  431
deception law or regulation, or any other similar business  432
activities;  433
       (7) A copy of each agreement and the schedule of fees and  434
charges that the applicant uses or intends to use in providing  435
debt resolution services to consumers who reside in this state;  436
       (8) Income statements and balance sheets for the applicant  437
for the two fiscal years preceding the date of the application;  438
       (9) Any other information the superintendent reasonably  439
requires.  440
       (C) The superintendent shall keep confidential all income  441
statements and balance sheets submitted in accordance with  442
division (B)(8) of this section. Such income statements and  443
balance sheets are not public records for the purposes of  444
section 149.43 of the Revised Code.  445
       (D) A licensee that applies to renew a license under this  446
H. B. No. 534  Page 17
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chapter shall provide the superintendent access to all of the  447
licensee's books and records concerning debt resolution services  448
provided by the licensee to consumers who reside in this state.  449
       (E)(1) The superintendent may participate in and utilize a  450
multistate licensing system for application, renewal, amendment,  451
or surrender of licenses to provide debt resolution services,  452
for sharing of regulatory information, or for any other activity  453
the superintendent determines to be in the best interest of this  454
state.  455
       (2) The applicant or licensee shall pay all applicable  456
charges to use the multistate licensing system.  457
       (3) The superintendent may establish requirements for  458
licensure and for the provision of debt resolution services to  459
consumers who reside in this state as may be necessary for  460
participation in a multistate licensing system.  461
       (F)(1) Subject to division (F)(7) of this section, the  462
superintendent may require an applicant for licensure under this  463
chapter to submit a full set of fingerprints for each of the  464
applicant's key officers for the purpose of obtaining a criminal  465
history records check.  466
       (2) The superintendent may request the superintendent of  467
the bureau of criminal identification and investigation, or a  468
vendor approved by the bureau, to conduct a criminal records  469
check based on the fingerprints of the applicant's key officers  470
in accordance with section 109.572 of the Revised Code. If the  471
submitted fingerprints are unreadable, the superintendent may  472
request that the fingerprints be resubmitted.  473
       (3) The superintendent may require the applicant to submit  474
the fingerprints of key officers in an electronic format.  475
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       (4) The superintendent may contract, or make use of any  476
existing contract with this state, for the collection and  477
transmission of fingerprints authorized under this section. If  478
the superintendent contracts, or makes use of an existing  479
contract, the superintendent may order the applicant to pay the  480
fee for collecting and transmitting fingerprints to the  481
contractor. The superintendent may agree to a reasonable  482
fingerprinting fee to be charged by the contractor to the  483
applicant.  484
       (5)(a) The superintendent shall treat and maintain any key  485
officer's fingerprints and any criminal history record  486
information obtained under this section as confidential and  487
limit the use of records solely to the purposes authorized in  488
this section.  489
       (b) The fingerprints and any criminal history record  490
information are not subject to subpoena, other than a subpoena  491
issued in a criminal action or investigation, are confidential  492
by law and privileged, and are not subject to discovery or  493
admissible in evidence in any civil action.  494
       (6) The superintendent shall not issue an initial license  495
to an applicant that fails to comply with division (F) of this  496
section.  497
       (7) Division (F) of this section does not apply to  498
applications to renew an existing license under this chapter.  499
       (G) An applicant or licensee shall notify the  500
superintendent within thirty days after any material change to  501
any of the information submitted in connection with an  502
application for licensure or renewal, including a change to any  503
of the following:  504
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       (1) The principal place of business;  505
       (2) A merger or dissolution related to the license;  506
       (3) An applicant, licensee, or key officer pleading guilty  507
to or being convicted of any felony in a court of competent  508
jurisdiction.  509
       Sec. 4710.05. (A) The superintendent of financial  510
institutions may deny an application for licensure under this  511
chapter or an application to renew such a license if any of the  512
following apply:  513
       (1) The applicant does not fully comply with or satisfy  514
the criteria set forth in section 4710.04 of the Revised Code.  515
       (2) The application contains information that is  516
materially erroneous or incomplete.  517
       (3) The applicant fails to provide in a timely manner such  518
information as the superintendent reasonably requests.  519
       (4) Notwithstanding section 9.79 of the Revised Code, a  520
key officer of the applicant has been convicted of or pleaded  521
guilty to a felony, or has committed any criminal act involving  522
fraud, deceit, or dishonesty.  523
       (5) Any state has revoked or suspended a professional  524
license of the applicant or a key officer of the applicant, or  525
subjected the applicant or a key officer to an enforcement  526
action, and the license or enforcement action has not been  527
reinstated or resolved, respectively.  528
       (B) If the superintendent denies an application for  529
licensure or renewal under this chapter, the superintendent  530
shall provide written notice to the applicant not later than  531
twenty days after such denial. The superintendent shall include  532
H. B. No. 534  Page 20
As Introduced
in the notice a written description of the reasons for denial. A  533
person whose application for licensure or renewal is denied may  534
appeal the superintendent's determination by commencing an  535
action in accordance with Chapter 119. of the Revised Code  536
within thirty days after receiving the notice required by this  537
division.  538
       Sec. 4710.06. (A) The superintendent of financial  539
institutions may suspend, revoke, or deny renewal of a license  540
under this chapter if any of the following apply:  541
       (1) The superintendent determines that the licensee  542
materially violated any provision of this chapter, any rule  543
adopted thereunder, or any other law applicable to the conduct  544
of the licensee's business; the superintendent provides the  545
licensee notice and a reasonable opportunity to cure the  546
violation; and the licensee fails to cure the violation.  547
       (2) A fact or condition exists that, if it had existed  548
when the licensee applied for a license, would have warranted  549
the superintendent denying the license.  550
       (3) The licensee does not satisfy the criteria for  551
licensure set out in section 4710.04 of the Revised Code.  552
       (4) The licensee has refused to permit the superintendent  553
to examine the licensee's books and records, failed to file the  554
annual report required in section 4710.11 of the Revised Code,  555
or made a material misrepresentation or omission in filing the  556
report.  557
       (5) The licensee has not responded within a reasonable  558
time and in an appropriate manner to the superintendent's  559
communications.  560
       (B) If the superintendent suspends, revokes, or denies  561
H. B. No. 534  Page 21
As Introduced
renewal of a license, the superintendent may require the  562
licensee to make available the licensee's books and records with  563
respect to consumers who reside in this state that are being or  564
have been serviced by the licensee.  565
       (C) Except as otherwise provided in section 4710.07 of the  566
Revised Code, the superintendent shall not revoke or suspend a  567
license under this chapter without providing notice and  568
affording the licensee an opportunity for a hearing.  569
       (D) A licensee may deliver a written notice to the  570
superintendent to surrender the licensee's license. Surrendering  571
a license under this division does not relieve the licensee of  572
civil or criminal liability for acts committed before the  573
surrender.  574
       (E) Upon submission of an application to renew a license  575
under this chapter and until such time as that application is  576
approved or denied, the licensee may continue to provide or  577
offer to provide debt resolution services to consumers who  578
reside in this state. No person shall provide or offer to  579
provide debt resolution services to consumers who reside in this  580
state following suspension or revocation of the person's  581
license, or following denial of an application to renew the  582
person's license, except to the extent expressly authorized by  583
the superintendent.  584
       Sec. 4710.07. (A) All matters and procedures respecting  585
notice, hearing, and appeal of any violation or contested case  586
arising under this chapter are governed by Chapter 119. of the  587
Revised Code.  588
       (B) If the superintendent of financial institutions  589
determines that a delay in issuing an order consistent with  590
H. B. No. 534  Page 22
As Introduced
Chapter 119. of the Revised Code will irreparably harm the  591
public interest, the superintendent may summarily suspend the  592
license immediately.  593
       (C) Any order issued pursuant to this section is subject  594
to review by appeal to the court of common pleas in the county  595
in which the licensee resides or in Franklin County, if the  596
licensee's residence is located outside of this state.  597
       (D) The superintendent may investigate the books,  598
accounts, records, and files of a licensee or any other person  599
that the superintendent has reason to believe is providing or  600
offering to provide debt resolution services to consumers who  601
reside in this state.  602
       Sec. 4710.08. (A) A licensee may request or require a  603
consumer who resides in this state, as a condition to the  604
provision of debt resolution services, to establish and place  605
funds into a dedicated account administered by a dedicated  606
account service provider, provided that all of the following are  607
met:  608
       (1) The funds are held in a bank insured by the federal  609
deposit insurance corporation.  610
       (2) The consumer owns the funds held in the account and  611
any interest accrued on those funds.  612
       (3)(a) The dedicated account service provider is not owned  613
or controlled by, or affiliated with, the debt resolution  614
services provider.  615
       (b) As used in division (A)(3)(a) of this section:  616
       (i) "Affiliated with" means controlling, being controlled  617
by, or being under common control with a licensee;  618
H. B. No. 534  Page 23
As Introduced
       (ii) "Control" means the direct or indirect possession of  619
the power to direct or cause the direction of the management of  620
a licensee, whether by contract or through ownership of more  621
than twenty per cent of the voting securities of the licensee.  622
       (4) The dedicated account service provider does not give  623
or accept any money or other compensation in exchange for  624
referrals of business involving debt resolution services.  625
       (5) The consumer may terminate the debt resolution  626
services agreement at any time without penalty by giving notice  627
as required in section 4710.09 of the Revised Code.  628
       (6) The licensee agrees to notify the dedicated account  629
service provider of the consumer's termination of the agreement  630
within five business days after the consumer gives notice as  631
required in section 4710.09 of the Revised Code.  632
       (B) A licensee shall, at the time an agreement is executed  633
by a consumer, or as soon thereafter as practical, distribute or  634
otherwise make available to the consumer a copy of the executed  635
agreement. A licensee may comply with this division via  636
electronic distribution if the consumer agrees to receive the  637
agreement in an electronic format.  638
       (C) The agreement between a licensee and a consumer who  639
resides in this state shall disclose all of the following:  640
       (1) The services that the licensee agrees to perform;  641
       (2) The methodology that the licensee will use to  642
calculate fees to be charged under the agreement and, if  643
reasonably available at the time the agreement is executed, the  644
fees that the licensee will charge;  645
       (3) The amount of time estimated on a good-faith basis to  646
H. B. No. 534  Page 24
As Introduced
be necessary to achieve the resolution of all enrolled debts,  647
and to the extent that the service may include a resolution  648
offer to any of the consumer's creditors, the time estimated on  649
a good-faith basis when the debt resolution services provider  650
will make a bona fide resolution offer to each of those  651
creditors;  652
       (4) To the extent that the debt resolution services may  653
include a resolution offer to any of the consumer's creditors,  654
the amount of money or the percentage of each outstanding debt  655
that the consumer is required to accumulate before the debt  656
resolution services provider will make a bona fide resolution  657
offer to each of those creditors;  658
       (5) That debt resolution services are not suitable for all  659
individuals;  660
       (6) To the extent that any aspect of the debt resolution  661
services relies upon or results in the consumer's failure to  662
make timely payments to creditors, that such failure will likely  663
adversely affect the consumer's creditworthiness, may result in  664
the consumer being subject to collections efforts, including  665
lawsuits by creditors, and may increase the amount of money the  666
consumer owes due to the accrual of fees and interest;  667
       (7) That, unless the consumer is insolvent, if a creditor  668
resolves a debt for less than its full amount, the resolution  669
may result in the creation of taxable income to the consumer,  670
even though the consumer does not receive any money;  671
       (8) That specific results cannot be predicted or  672
guaranteed and the licensee cannot require a creditor to  673
negotiate or resolve a debt;  674
       (9) That debt resolution services programs require that  675
H. B. No. 534  Page 25
As Introduced
individuals meet regular savings goals in order to enable  676
resolutions;  677
       (10) That the licensee does not provide tax, accounting,  678
or legal advice to individuals, unless the licensee is licensed  679
in this state to provide such advice;  680
       (11) That the licensee is the consumer's advocate and does  681
not receive compensation of any sort from creditors for  682
providing debt resolution services to the consumer;  683
       (12) That the licensee does not make monthly or other  684
payments to the consumer's creditors;  685
       (13) The list of debts that the agreement covers;  686
       (14) That, if applicable, the consumer's rights are  687
subject to mandatory arbitration of any and all disputes with  688
the debt resolution services provider;  689
       (15) Each of the requirements set forth in divisions (A)  690
(1) to (6) of this section.  691
       (D) A licensee shall maintain a toll-free telephone  692
number, staffed at a level that has adequate capacity to accept  693
requests from the reasonably anticipated volume of consumers  694
contacting the licensee during ordinary business hours.  695
       (E) A licensee may extend credit to a consumer in the form  696
of a deferral of some or all of the licensee's fee for resolving  697
the consumer's debts, at no additional expense to the consumer.  698
       (F) A licensee may assist in arranging credit to the  699
consumer if such credit is extended to the consumer by or  700
through a person that is either separately licensed or  701
authorized to perform lending in this state or is exempt from  702
such licensure.  703
H. B. No. 534  Page 26
As Introduced
       Sec. 4710.09. (A) A consumer may terminate an agreement at  704
any time without penalty by notifying the licensee  705
electronically, in writing, or by telephone on a recorded line.  706
       (B)(1) Not later than two business days after receiving a  707
consumer's notice of termination, the licensee shall advise the  708
consumer of the effect, if any, such termination would have on  709
previously negotiated installment resolution agreements and  710
pending resolution negotiations.  711
       (2) Not later than five business days following the  712
delivery of such advice, and absent further instruction from the  713
consumer, the licensee shall notify the dedicated account  714
service provider of the consumer's termination and request that  715
the dedicated account service provider communicate with the  716
consumer regarding disposition of all funds held in the  717
dedicated account.  718
       (C) Notwithstanding the consumer's right to terminate as  719
set forth in division (A) of this section, the licensee is  720
entitled to recover all fees for debt resolution services  721
rendered before receipt of any termination notice, provided that  722
the fees are requested or received in compliance with section  723
4710.12 of the Revised Code.  724
       Sec. 4710.10. (A) If a consumer fails to honor the  725
consumer's obligations under an agreement within sixty days  726
after the consumer is required to perform such obligations, the  727
licensee may terminate the agreement with the consumer by  728
providing notice of termination either electronically or in  729
writing.  730
       (B) If a licensee terminates an agreement as permitted in  731
this section, the consumer does not owe any further payment to  732
H. B. No. 534  Page 27
As Introduced
the licensee as of the date the licensee terminates the  733
agreement, other than fees for debt resolution services rendered  734
by the licensee before that date.  735
       (C) Notwithstanding division (A) of this section, if a  736
consumer refuses to pay any fee to a licensee after the licensee  737
has rendered the corresponding debt resolutions services, the  738
licensee may, upon proper notice to the consumer either  739
electronically or in writing, terminate the licensee's agreement  740
with the consumer immediately.  741
       Sec. 4710.11. (A) A licensee shall file with the  742
superintendent of financial institutions an annual report in  743
writing, under oath, that includes all of the following  744
information for the calendar year reporting period:  745
       (1) Total number of active consumers who reside in this  746
state;  747
       (2) Total number of enrolled consumers who reside in this  748
state;  749
       (3) Total fees collected by the licensee from consumers  750
who reside in this state.  751
       (B) If a licensee fails to file an annual report or fails  752
to amend the report on or before the thirtieth day after the  753
superintendent provides notice to the licensee, the  754
superintendent may assess a civil penalty and may suspend,  755
revoke, or refuse to renew the license under this chapter.  756
       Sec. 4710.12. (A) A licensee shall not impose, directly or  757
indirectly, a fee or other charge on a consumer who resides in  758
this state or receive payment from or on behalf of such a  759
consumer for performing debt resolution services except as  760
provided in this section.  761
H. B. No. 534  Page 28
As Introduced
       (B) A licensee shall not request or receive payment of any  762
fee or consideration for any debt resolution services until and  763
unless all of the following are met:  764
       (1) The licensee renegotiates, resolves, reduces, or  765
otherwise alters the terms of at least one debt pursuant to a  766
resolution agreement or other valid contractual agreement  767
executed by the consumer and the creditor.  768
       (2) The consumer makes at least one payment pursuant to  769
that resolution agreement or other valid contractual agreement  770
between the consumer and the creditor.  771
       (3) To the extent that debts enrolled in a service are  772
renegotiated, resolved, reduced, or otherwise altered  773
individually, the fee or consideration meets either of the  774
following:  775
       (a) The fee bears the same proportional relationship to  776
the total fee for renegotiating, resolving, reducing, or  777
altering the terms of the entire debt balance as the individual  778
debt amount bears to the entire debt amount, as of the time the  779
debt was enrolled in the service.  780
       (b)(i) The fee is a percentage of the amount saved as a  781
result of the renegotiation, resolution, reduction, or  782
alteration, where the amount saved is the difference between the  783
amount owed at the time the debt was enrolled in the service and  784
the amount actually paid to satisfy the debt.  785
       (ii) For a fee described in division (B)(3)(b)(i) of this  786
section, an agreement shall prescribe a uniform fee that does  787
not change from one individual debt to another.  788
       (C) A licensee shall not impose charges or receive payment  789
for debt resolution services until the licensee and the consumer  790
H. B. No. 534  Page 29
As Introduced
have signed an agreement that complies with section 4710.08 of  791
the Revised Code.  792
       (D) Any fee or other charge imposed by or on behalf of a  793
dedicated account service provider in connection with the  794
administration of a dedicated account shall not be considered a  795
fee or other charge imposed for performing debt resolution  796
services for purposes of this chapter.  797
       (E) Any fee or other charge imposed by or on behalf of a  798
third-party legal service provider shall not be considered a fee  799
or other charge imposed by a licensee for performing debt  800
resolution services for purposes of this chapter.  801
       Sec. 4710.13. (A) As used in this section, "resolve" means  802
entering into a binding agreement to discharge in full a debt in  803
exchange for a payment of a sum certain of money.  804
       (B) A licensee, a person who markets debt resolution  805
services on behalf of a licensee, or a person described in  806
division (B)(2) of section 4710.03 of the Revised Code shall not  807
do any of the following:  808
       (1) Take or exercise a power of attorney that authorizes  809
the licensee to resolve a debt;  810
       (2) Send cease and desist notices to creditors;  811
       (3) Require consumers to notify creditors of changes of  812
address or telephone number for the purpose of diverting  813
communication from the creditor to the debt resolution services  814
provider rather than the consumer;  815
       (4) Exercise or attempt to exercise any authority of the  816
consumer after a licensee has received notice under section  817
4710.09 of the Revised Code that the consumer has terminated the  818
H. B. No. 534  Page 30
As Introduced
consumer's agreement with the licensee;  819
       (5) Initiate, or request that a dedicated account service  820
provider initiate, a transfer from a consumer's bank account  821
unless the transfer meets any of the following:  822
       (a) The request is for the purpose of returning money to  823
the consumer.  824
       (b) The request is made prior to any termination of an  825
agreement and is a fee properly authorized by the agreement and  826
this chapter.  827
       (c) The transfer is at the express direction of the  828
consumer to a consumer's creditor to fund a negotiated  829
resolution with that creditor.  830
       (6) Receive consumer funds or control consumer funds,  831
other than to receive funds in payment of fees for debt  832
resolution services rendered by the provider;  833
       (7) Resolve a debt or lead a consumer to believe that a  834
payment to a creditor is in resolution of a debt to the creditor  835
unless, at the time of resolution, the creditor confirms that  836
the payment is in full resolution of the debt or is part of a  837
payment plan that, upon completion, will be in full resolution  838
of the debt;  839
       (8) Make any representation of either of the following:  840
       (a) The licensee will furnish money to pay bills or  841
prevent attachments.  842
       (b) Participation in a program will prevent litigation,  843
garnishment, attachment, repossession, foreclosure, eviction, or  844
loss of employment.  845
H. B. No. 534  Page 31
As Introduced
       (9) Misrepresent that the licensee is able to furnish  846
legal advice or perform legal services;  847
       (10) Misrepresent, directly or by implication, any  848
material aspect of any debt resolution services program,  849
including any of the following:  850
       (a) The amount of money or the percentage of the debt  851
amount that a consumer may save by using such service;  852
       (b) The amount of time necessary to achieve the  853
represented results;  854
       (c) The amount of money or the percentage of each  855
outstanding debt that the consumer is required to accumulate  856
before the provider of the debt resolution services will  857
initiate attempts with the consumer's creditors or make a bona  858
fide offer to negotiate, resolve, or modify the terms of the  859
consumer's debt;  860
       (d) The effect of the service on a consumer's  861
creditworthiness;  862
       (e) The effect of the service on collection efforts of the  863
consumer's creditors;  864
       (f) The percentage or number of consumers who attain the  865
represented results;  866
       (g) Whether debt resolution services are offered or  867
provided by a nonprofit entity.  868
       (11) Take a confession of judgment or power of attorney to  869
confess judgment against a consumer;  870
       (12) Purchase a debt or obligation of the consumer or  871
obtain a mortgage or other security interest from any person in  872
H. B. No. 534  Page 32
As Introduced
connection with the services provided to the consumer;  873
       (13) Receive from or on behalf of a consumer a promissory  874
note or other negotiable instrument other than a check or a  875
demand draft or a post-dated check or demand draft;  876
       (14) Except as permitted by federal law or by order of a  877
court of competent jurisdiction, disclose the identity or  878
identifying information of a consumer or the identity of the  879
consumer's creditors, except to the superintendent of financial  880
institutions, upon proper demand, or to the extent necessary or  881
appropriate to administer the program, including a dedicated  882
account service provider or to a creditor of the consumer.  883
       (C) An agreement shall not contain any provision to the  884
effect of any of the following:  885
       (1) Provide for the application of the law of any  886
jurisdiction other than the United States and this state;  887
       (2) Except as specifically permitted by the laws of this  888
state and the federal arbitration act, 9 U.S.C. 1 et seq.,  889
restrict an individual's remedies under this chapter or any  890
other law of this state;  891
       (3) Limit or release the liability of any person for not  892
performing the agreement or for violating this chapter.  893
       Sec. 4710.14. (A) A licensee shall distribute or arrange  894
to be distributed a statement of accounting to a consumer who  895
resides in this state in accordance with all of the following:  896
       (1) At least one time each month the agreement is in  897
effect;  898
       (2) Within five business days after a consumer requests a  899
statement of accounting from the licensee, provided the licensee  900
H. B. No. 534  Page 33
As Introduced
is not required to respond to more than one such request from  901
the same consumer in the same month;  902
       (3) Within five business days after the date on which a  903
consumer or the licensee terminates an agreement.  904
       (B) A statement of accounting shall contain all of the  905
following information to the extent applicable:  906
       (1) The amount of money that the consumer has deposited  907
into the consumer's dedicated account and all withdrawals from  908
that account from the date the consumer's debt resolution  909
services program is initiated to the date the statement of  910
accounting is issued;  911
       (2) The amounts, dates, and creditors associated with each  912
resolution obtained by the licensee on behalf of the consumer;  913
       (3) The fees that the licensee has charged to and  914
collected from the consumer in connection with each of the  915
consumer's resolutions;  916
       (4) The amount of money that the consumer holds in the  917
consumer's dedicated account;  918
       (5) All of the following, with respect to each resolution  919
obtained by the licensee for the consumer:  920
       (a) The total amount of money that the consumer paid to  921
the creditor to fully discharge or satisfy the consumer's debt;  922
       (b) The amount of the debt at the time the licensee and  923
the consumer entered into the agreement;  924
       (c) The amount of the debt at the time the creditor agreed  925
to resolve the debt;  926
       (d) The amount of compensation that the licensee received  927
H. B. No. 534  Page 34
As Introduced
or will receive to resolve the debt.  928
       (C) Notwithstanding divisions (A) and (B) of this section,  929
a licensee that enables, or arranges to enable, twenty-four  930
hours per day, seven days per week, electronic access by a  931
consumer to all of the consumer's deposit account transaction  932
information, including all deposit and withdrawal activity, and  933
electronic access by a consumer to account activity, including  934
resolution information, account status, resolution dates,  935
resolution amounts, and fees paid, is deemed to have satisfied  936
the content requirements in division (B) of this section and the  937
distribution requirements in division (A) of this section.  938
       Sec. 4710.15. (A) A licensee shall not, directly or  939
through a person who markets debt resolution services on behalf  940
of a licensee or a person described in division (B)(2) of  941
section 4710.03 of the Revised Code, advertise, announce,  942
broadcast, display, distribute, print, publish, televise, or  943
permit any other person to advertise, announce, broadcast,  944
display, distribute, print, publish, or televise on the  945
licensee's behalf, a statement or representation related to debt  946
resolution services that is deceptive, false, or misleading.  947
       (B) A licensee shall not directly or indirectly provide  948
anything of value in exchange for favorable treatment in reviews  949
or favorable placement on rankings.  950
       (C) Neither a licensee nor any affiliate of a licensee  951
shall directly or indirectly own or operate a web site or other  952
public-facing resource presenting rankings or consumer reviews  953
of the licensee.  954
       (D) A licensee shall not make any statement or take any  955
action that is likely to mislead consumers regarding whether  956
H. B. No. 534  Page 35
As Introduced
reviews the licensee uses to advertise the licensee's business  957
accurately reflect all reviews consumers have submitted to the  958
licensee.  959
       (E) No licensee shall fail to comply with guidance issued  960
by the federal consumer financial protection bureau or other  961
federal laws or rules related to deceptive acts or practices  962
that impede consumer reviews, including 16 C.F.R. 255.  963
       Sec. 4710.16. (A) A licensee shall inform the consumer,  964
each time the licensee provides the consumer with any materials  965
or agreements in accordance with this chapter, that the licensee  966
is required to send the consumer a copy of the materials  967
following any electronic, telephonic, or written request.  968
       (B)(1) If a consumer submits a request for materials to a  969
licensee at any time before the ninety-first day after the  970
agreement is terminated, or the date the licensee fulfills all  971
of the licensee's obligations under the agreement, as  972
applicable, the licensee shall send the materials at no charge  973
to the consumer within five business days after receiving the  974
request. A licensee is not required to comply with more than one  975
request per consumer per month and is not required to comply  976
with any request the licensee reasonably believes is made for  977
the purposes of harassment.  978
       (2) If a consumer submits a request for materials to a  979
licensee more than ninety days after the date the agreement is  980
terminated, or the date the licensee fulfills all of the  981
licensee's obligations under the agreement, as applicable, and  982
less than two years after that date, the licensee shall send a  983
copy of the materials within a reasonable after receiving the  984
request.  985
H. B. No. 534  Page 36
As Introduced
        (3) A licensee is not required to comply with any request  986
for materials submitted after the later of the following dates:  987
        (a) Two years after the date the agreement is terminated,  988
or the date the licensee fulfills all of the licensee's  989
obligations under the agreement, as applicable;  990
        (b) The expiration of the statute of limitations specified  991
in section 2305.06 of the Revised Code.  992
        (C) A licensee that maintains a web site shall disclose  993
both of the following on the home page or on a page that is  994
clearly and conspicuously connected to the home page by a link  995
that clearly reveals its contents:  996
        (1) The licensee's name and all names under which the  997
licensee does business in this state;  998
        (2) The licensee's principal business address, telephone  999
number, and electronic mail address, if any.  1000
        (D) A licensee shall keep all of the following records for  1001
two years after the date the record is produced:  1002
        (1) All substantially different advertising, brochures,  1003
telemarketing scripts, promotional materials, and supportive  1004
data;  1005
        (2) The name and last known address of each consumer, the  1006
goods or services purchased, the date such goods or services  1007
were first provided or the consumer signed an agreement for the  1008
provision of goods or services, and the amount paid by the  1009
consumer for the goods or services;  1010
        (3)(a) The name, any fictitious name used, the last known  1011
home address and telephone number, and the job title for all  1012
current and former employees directly involved in sales or  1013
H. B. No. 534  Page 37
As Introduced
solicitations;  1014
       (b) If the licensee permits fictitious names to be used by  1015
employees, each fictitious name shall be traceable to only one  1016
specific employee.  1017
       (E) In addition to the records required by provision (D)  1018
of this section, the licensee shall keep a copy of each signed  1019
agreement with any consumer for not less than five years after  1020
the date the agreement is terminated, or the date the licensee  1021
fulfills all of the licensee's obligations under the agreement,  1022
as applicable.  1023
       (F) A licensee may keep the records required by divisions  1024
(D) and (E) of this section in any form, and in the same manner,  1025
format, or place as the licensee keeps such records in the  1026
ordinary course of business. Failure to keep all records  1027
required by divisions (D) and (E) of this section is a violation  1028
of this chapter.  1029
       (G)(1) In the event of any dissolution or termination of  1030
the licensee's business, the principal of that licensee shall  1031
maintain all records as required under divisions (D) and (E) of  1032
this section.  1033
       (2) In the event of any sale, assignment, or other change  1034
in ownership of the licensee's business, the successor business  1035
shall maintain all records required under divisions (D) and (E)  1036
of this section.  1037
       Sec. 4710.17. (A)(1) If the superintendent of financial  1038
institutions finds that a person has violated any material  1039
provision of this chapter, a rule adopted pursuant to this  1040
chapter, or any other law applicable to the conduct of a  1041
licensee, the superintendent may, after notice and opportunity  1042
H. B. No. 534  Page 38
As Introduced
to cure, order or impose a penalty upon the person, which shall  1043
not exceed one thousand dollars per violation, up to a maximum  1044
of one hundred thousand dollars, plus the costs of  1045
investigation. A continuing violation is considered a single  1046
violation for the purposes of this section.  1047
       (B) A finding or order issued by the superintendent under  1048
this section may be appealed in accordance with Chapter 119. of  1049
the Revised Code.  1050
       Sec. 4710.18. (A) An action or proceeding brought by the  1051
superintendent of financial institutions under this chapter  1052
shall not be commenced after the later of the following:  1053
       (1) Three years after the conduct that underlies the  1054
complaint is discovered by the superintendent or the harmed  1055
consumer;  1056
       (2) The applicable statute of limitations set out in  1057
section 2901.13 of the Revised Code, if the violation also  1058
constitutes a criminal offense.  1059
       (B) Nothing in this section shall be construed as  1060
prohibiting the superintendent from taking an adverse  1061
administrative action as prescribed in section 4710.06 of the  1062
Revised Code or levying a fine against a licensee as prescribed  1063
in section 4710.18 of the Revised Code at any time.  1064
       Sec. 4710.19. This chapter applies to agreements entered  1065
into, amended, or renewed on or after the effective date of this  1066
section. The rights, duties, and interests resulting from an  1067
agreement entered into prior to the effective date of this  1068
section shall be completed, terminated, or enforced as required  1069
or permitted by the law as it existed on the date the agreement  1070
was entered into.  1071
H. B. No. 534  Page 39
As Introduced
       Section 2. That existing section 9.79 of the Revised Code  1072
is hereby repealed.  1073
       Section 3. That sections 4710.01, 4710.02, 4710.03,  1074
4710.04, and 4710.99 of the Revised Code are hereby repealed.  1075
       Section 4. (A) Sections 4710.01, 4710.02, 4710.03,  1076
4710.04, 4710.05, 4710.06, 4710.07, 4710.08, 4710.09, 4710.10,  1077
4710.11, 4710.12, 4710.13, 4710.14, 4710.15, 4710.16, 4710.17,  1078
4710.18, and 4710.19 of the Revised Code, as enacted by this  1079
act, shall take effect one year after the effective date of this  1080
section.  1081
       (B) Notwithstanding division (A) of this section, the  1082
Superintendent of Financial Institutions shall, within one year  1083
after the effective date of this section, adopt rules as  1084
necessary to license and oversee debt resolution services  1085
providers as specified in this act.  1086