ALJDEC

01A-125-INS · Department of Insurance · 2001-07-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 2, 2001 APPEARANCES: Petitioner Lawrence Mandel failed to appear. Assistant Attorney General Shelby Cuevas represented the Arizona Department of Insurance. ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________

This matter came on for a regularly scheduled hearing on Monday, July 2, 2001 at 9:00 a.m. The Administrative Law Judge delayed the start of the scheduled hearing for approximately fifteen (15) minutes so as to allow added time for appearance by or on behalf of Petitioner Lawrence Mandel. Mr. Mandel failed to appear, and further failed to inform the Office of Administrative Hearings of any reason that would establish good cause for failing to appear. Based on the entire record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order: FINDINGS OF FACT Petitioner Lawrence Mandel appealed the Arizona Department of Insurance’s (the “Department”) denial of his application for a life and disability insurance agent’s license. On May 31, 2001, the Department issued a notice of hearing setting this matter for hearing on July 2, 2001 at 9:00 a.m. at the Office of Administrative Hearings in Phoenix, Arizona.

Mr. Mandel did not appear for the hearing, nor did he advise the Office of Administrative Hearings of any reason that would establish good cause for his failure to appear. CONCLUSIONS OF LAW The burden of proof was on Mr. Mandel to establish, by a preponderance of the evidence, that his application for a life and disability insurance agent’s license was denied in error. By virtue of his failure to appear at the hearing, Mr. Mandel did not present any evidence in support of his appeal. Because Mr. Mandel did not present any evidence in support of his appeal, he failed to sustain the required burden of proof. Under the circumstances presented, it is appropriate for the Director of the Department to dismiss Mr. Mandel’s appeal. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Director of the Arizona Department of Insurance dismiss Mr. Mandel’s appeal. Done this day, July 2, 2001.

______________________________________ Daniel G. Martin Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Charles R. Cohen, Director Department of Insurance ATTN: Curvey Burton 2910 North 44th Street, Ste. 210 Phoenix, AZ 85018

By ___________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826