Final

05A-024-INS · Department of Insurance · 2005-06-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

I have reviewed the records of the Office and as co-custodian of such records have determined:

1. On April 25, 2005 the Administrative Law Judge Decision in the above entitled matter was transmitted to the Department of Insurance by mail.

2. Pursuant to A.R.S. § 41 -1092.08, and A.R.S. § 1-243 the Department of Insurance was required to accept, reject or modify the Administrative Law Judge Decision, as evidenced by receipt of such action by the Office of Administrative Hearings, on or before May 30, 2005.

3. No action by the Department of Insurance was received by the Office of Administrative Hearings as of May 30, 2005. However on April 29, 2005 a “Notice of Declination to Review Recommended Decision” was received by the Office of Administrative Hearings.

Therefore, pursuant to A.R.S. § 41 -1092.08(D), the attached Administrative Law Judge Decision is certified as the final administrative decision of the Department of Insurance.

You have the right to request a rehearing from the Department of Insurance pursuant to A.R.S. § 41-1092.09(A). In addition, you have the right to appeal your action to the Superior Court, pursuant to A.R.S. § 41- 1092.08(H), although you may be required to seek a rehearing from the Department of Insurance before you appeal (see A.R.S. § 41-1092.09(B)). Your further rights will be lost if you do not act in a timely manner. You may wish to review these sections as quickly as possible after receipt of this notice. They may be found at your local library or on the internet at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp.

Done this day, June 1, 2005.

_________________________________ Cliff J. Vanell Director

Original transmitted by mail this ____ day of ____________, 2004 to:

Christina Urias, Director Department of Insurance 2910 North 44th Street, Ste. 210 Phoenix, AZ 85018

Office of the Attorney General Moira A. McCarthy 1275 West Washington, Room 259 Phoenix, AZ 85007-2997

Nicolas Cornelius 7501 N. 16th St. Ste. 200 Phoenix, AZ 85020

S. David Childers, Esquire Low and Childers, P.C. 2999 North 44th Street, Suite 250 Phoenix, AZ 85018

David M. Novick 7149 N. 6th Pl. Phoenix, AZ 85020

By _______________________________

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