Adulewicz v. Womer Benjamin, Unpublished Decision (9-22-2006)
Adulewicz v. Womer Benjamin, Unpublished Decision (9-22-2006)
Opinion of the Court
OPINION
{¶ 1} Appellant, Casmir Adulewicz, appeals from a Jefferson County Common Pleas Court judgment affirming the order of appellee, the Ohio Department of Insurance, which revoked appellant's license to sell title insurance.{¶ 2} Appellant is a licensed attorney in Jefferson County. Until his license was revoked, he was also a licensed title insurance agent.
{¶ 3} On February 4, 2003, appellee issued a notice of opportunity for hearing to appellant informing him that it intended to revoke his title insurance license for failure to comply with R.C.
{¶ 4} A hearing officer held a hearing and made the following findings. While appellant did receive notice of the hearing, he did not attend. Appellant was licensed in Ohio in 2000 and 2001 as a title insurance agent. Ohio Admin. Code 3901-50-1(F)(1)(c) required appellant to have completed ten hours of approved CE that was directly related to the title insurance business during the 2000-2001 compliance period. The superintendent approved requests for extensions of the December 31, 2001 deadline until June 30, 2002, but appellant did not request an extension. Appellant did not complete any CE hours during the 2000-2001 compliance period. Appellant contended that he completed continuing legal education (CLE) hours that should be approved for insurance license CE. However, appellant submitted no evidence of any such CLE courses that he completed, the names of any Insurance Department approved providers, or the description of any of the completed CLE courses.
{¶ 5} Based on these findings, the hearing officer recommended that the superintendent of insurance issue an order revoking appellant's license to sell insurance in Ohio.
{¶ 6} Appellant filed objections to the hearing officer's recommendation asserting only minor objections to the manner in which his license was referred to.
{¶ 7} The superintendent of insurance subsequently found that appellant failed to comply with the CE requirements. She therefore affirmed the hearing officer's recommendation and revoked appellant's license.
{¶ 8} Appellant filed a notice of appeal in the trial court from the superintendent's decision. In his brief to the trial court, appellant argued that because he is an attorney, he should be exempt from completing the CE hours required of title insurance agents.
{¶ 9} The trial court affirmed the superintendent's decision. It found appellee presented uncontroverted evidence that appellant failed to comply with the CE requirements. Appellant filed a timely notice of appeal on August 2, 2005.
{¶ 10} Appellant raises one assignment of error, which states:
{¶ 11} "THE LOWER COURT ERRED IN NOT FINDING THAT OHIO ADMINISTRATIVE RULE 3901-5-01(F), AS APPLIED TO APPELLANT, IS AN ABUSE OF THE DELEGATED RULE MAKING POLICE POWER BECAUSE THE RULE HAS NO BEARING ON THE HEALTH, WELFARE OR SAFETY OF THE CITIZENS OF OHIO."
{¶ 12} Appellant argues that because he is an attorney in good standing who is current in his CLE hours he should not be required to complete the ten CE hours required of title insurance agents. Appellant asserts that the ten-hour CE requirement is not reasonably designed to accomplish a purpose falling within the scope of the state's police power and is therefore unconstitutional.
{¶ 13} In the case of a revoked license, the licensee can appeal to the common pleas court of the county in which the place of business of the licensee is located or the county in which the licensee is a resident. R.C.
{¶ 14} Once the court of common pleas has rendered judgment, the licensee may appeal further to the court of appeals. R.C.
{¶ 15} R.C.
{¶ 16} "(A)(1) Except as provided in division (B) of this section, each person who is issued a license as an agent on or after the effective date of this amendment shall complete in accordance with division (A)(1) of this section at least twenty hours of continuing education offered in a course or program of study approved by the superintendent of insurance in consultation with the insurance agent education advisory council. * * *.
{¶ 17} "* * *
{¶ 18} "(B) Division (A) of this section does not apply to any person or class of persons, as determined by the superintendent in consultation with the council." R.C.
{¶ 19} Pursuant to the authority delegated to it by R.C.
{¶ 20} "(1) The CE requirements contained in division (A) of section
{¶ 21} "* * *
{¶ 22} "(c) Persons who meet all of the following criteria:
{¶ 23} "(i) The person holds only a title insurance license and does not hold any other license as an insurance agent other than a limited authority license, and
{¶ 24} "(ii) During each compliance period, the person completes at least ten hours of approved CE that is directly related to the title insurance business."
{¶ 25} Thus, a person who holds only a title insurance license and who completes ten CE hours directly related to the title insurance business is not required to complete the full 20 CE hours. The person's ten CE hours on title insurance fulfills the continuing education requirements necessary to maintain a title insurance license.
{¶ 26} Appellant asks this court to order appellee to amend Ohio Admin. Code
{¶ 27} "During each compliance period, the person completes at least ten hours of approved CE that is directly related to the Title Insurance Business. If the person is an attorney at law in good standing with the Supreme Court of Ohio and compliant with mandated CLE, then, in that event, the attorney need not complete any hours of CE to retain a Title Insurance License."
{¶ 28} In the alternative, appellant asks this court to order appellee to reinstate his license with a CE exemption.
{¶ 29} In this case, the trial court's judgment is clearly supported by reliable, probative evidence. Appellant failed to appear at the revocation hearing that he requested. Consequently, the only evidence presented was that by appellee. Appellee presented testimony by Lee Anne Washburn, the Ohio Department of Insurance education supervisor. Washburn oversees the education of insurance agents once they are licensed and is also the records custodian. (Tr. 1-2). She testified that appellant completed zero hours of CE for the 2000-2001 compliance period. (Tr. 2; Ex. C, E, F). She stated that he was required to complete ten hours. (Tr. 3). She also stated that appellant did comply with the 1998-99, 1996-97, and 1994-95 compliance periods. (Tr. 3; Ex. C). Finally, Washburn testified that although extensions were available to complete the required hours, appellant did not apply for an extension. (Tr. 4).
{¶ 30} Given this uncontested evidence, the trial court did not abuse its discretion in finding that appellant failed to meet the legal requirements as a title insurance agent and affirming appellee's decision.
{¶ 31} However, we still must consider whether the ten-hour CE requirement is unconstitutional as applied to appellant as he alleges.
{¶ 32} Like statutes, we presume that administrative regulations are constitutional. Roosevelt Properties Co. v.Kinney (1984),
{¶ 33} As noted above, R.C.
{¶ 34} Appellant complains that, applied to him as an attorney, Ohio Admin. Code
{¶ 35} An exercise of the state's police power is valid if it bears a real and substantial relation to the public health, safety, morals, or general welfare of the public and if it is not unreasonable or arbitrary. Benjamin v. City of Columbus (1957),
{¶ 36} "It has long been well settled in the jurisprudence of Ohio as well as of other states that the General Assembly has the right to reasonably regulate business and occupations and those desiring to follow the same * * *." Nesmith v. State (1920),
{¶ 37} Furthermore, it is not unreasonable or arbitrary to require title insurance agents to complete ten CE hours every two years. Ten hours of an agent's time over the course of a two-year period is certainly not unreasonable. Nor is it arbitrary since the CE hours are directly related to the business in which the agent is involved.
{¶ 38} The burden was on appellant to demonstrate that Ohio Admin. Code
{¶ 39} For the reasons stated above, the trial court's judgment is hereby affirmed.
Waite, J., concurs.
DeGenaro, J., concurs.
Reference
- Full Case Name
- Casimir T. Adulewicz, Esq. v. Ann H. Womer Benjamin Superintendent of Insurance
- Cited By
- 1 case
- Status
- Unpublished