1.3 Resident, Nonresident, and Business Entity Licensing

Four License Types, Four Checklists

The outline lists "Process (3905.85)", "License Requirements", "Resident qualifications", and "Non-resident qualifications." ORC 3905.85(B) answers all four with separate lists. Learn which requirements appear on which list; exam writers like to test the differences.

The Application (ORC 3905.85(A))

An individual applicant applies in the manner the Superintendent prescribes, with:

• a $150 application fee; and
• a statement giving the applicant's name, age, residence, present occupation, occupation for the five years immediately preceding the application, and anything else the Superintendent requires.

A resident individual applicant must also submit to a criminal records check under ORC 3905.051.

Resident Individual Qualifications (ORC 3905.85(B)(1))

The Superintendent issues a resident license when satisfied that the applicant:

1. is 18 years of age or older;
2. has Ohio as the home state;
3. has not committed any act that is grounds for refusal, suspension, or revocation under ORC 3905.14;
4. is a U.S. citizen or has proof of legal authorization to work in the United States; and
5. has completed the education requirement and passed the examination required by ORC 3905.04.

The statute does not list a high-school diploma, a minimum net worth, or a bond posted by the agent.

Education and Examination (ORC 3905.04)

ORC 3905.04(B)(3) names surety bail bonds as a line that requires a written examination. Before sitting for it, the candidate must meet 3905.04(C). The usual route is 20 hours of approved study, which can be classroom, online, or self-study. The statute also allows a degree in insurance or a Superintendent-approved designation, but ODI's published waiver list names designations only for life, accident and health, and property-casualty lines. A candidate who fails or misses the exam may reapply by paying the fee again (3905.04(D)).

Nonresident Individual Qualifications (ORC 3905.85(B)(2))

A nonresident individual license issues when the applicant:

1. is 18 or older;
2. is currently licensed as a resident in another state and in good standing in the home state for surety bail bond, or is qualified for the same authority; and
3. has not committed any act that is grounds for refusal, suspension, or revocation under 3905.14.

There is no Ohio examination requirement on this list. The general nonresident statute, ORC 3905.07, adds context the outline cites. ODI may verify home-state licensing through the NAIC producer database or a certification letter. Ohio also issues nonresident licenses on a reciprocal basis, meaning the home state must license Ohio residents on the same terms.

Business Entity Licenses (ORC 3905.85(B)(3) and (4))

Under ORC 3905.85(H), ODI will not issue or renew an entity license unless the entity is qualified to do business in Ohio. Losing good standing with the Secretary of State, or failing to keep a valid statutory agent, is grounds to suspend, revoke, or refuse to renew.

Criminal Records Checks (ORC 3905.051)

• A resident applicant consents to a check and submits a full set of fingerprints.
• ODI asks BCI to run the check and to obtain FBI records as part of it.
• Fingerprints and the resulting records are confidential. They cannot be subpoenaed except in a criminal investigation and are not admissible in private civil actions.
• The requirement does not apply to renewals of an existing license.

Ohio uses National WebCheck electronic fingerprinting. The PSI bulletin notes results usually arrive within two business days but may take four to six weeks, and results remain valid for one year.

Criminal History Does Not Mean Automatic Denial

ORC 3905.14(B)(6) and (7) make felony convictions, and certain misdemeanors involving theft, fraud, dishonesty, breach of fiduciary duty, or moral turpitude, grounds for refusal. But ORC 3905.14(C) adds a limit. The Superintendent shall not refuse to issue a license because of a conviction or plea unless the refusal follows ORC 9.79. Section 9.79 requires each licensing authority to publish a list of specific disqualifying offenses that are directly related to the occupation. It also bars refusals based on vague standards such as "moral turpitude" or lack of "moral character," and it sets time limits on how long an offense may be considered.

For the exam, the takeaway is that a conviction is a serious licensing issue, but Ohio does not impose a blanket, permanent bar written into 3905.85. ODI evaluates convictions under 3905.14 and 9.79. An honest, complete application matters: 3905.14(B)(1) separately punishes incorrect, misleading, incomplete, or materially untrue information on an application.

The Wallet Identification Card (ORC 3905.85(G))

ODI must require every licensee to get a wallet ID card with the licensee's photograph from a source ODI designates. The licensee must keep it on their person while engaging in the bail bond business. ORC 3905.932(C) bars wearing or displaying any identification other than this card in or on the grounds of a detention facility or court (see Section 3.2).