ALJDEC decisions subject to certification as final

15A-186-INS-res · Department of Insurance · 2016-08-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 4, 2016 APPEARANCES: Liane Kido, Attorney for the Arizona Department of Insurance; Aqueelah Currie, Department witness ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________ After submitted an application for licensure through the Arizona Department of Insurance, a background investigation revealed that Respondent had a felony conviction that she did not truthfully report in her application. Although notified of the hearing and given additional time to appear, Respondent did not attend the hearing and, thereby, could not offer any mitigating information to weigh against the violation of failing to correctly submit her application. Therefore, it must be recommended that Respondent’s license be revoked. FINDINGS OF FACT 1. On March 4, 2015, Respondent filed an application for a navigator license (“Application”) with the Arizona Department of Insurance (“Department”). Respondent answered “No” to a question on the application that asked whether Respondent had ever been found guilty of, had a judgment for, or admitted to a felony.[1] 2. By signing and submitting the Application to the Department, Respondent certified under penalties of denial, suspension, or revocation of the license and any other penalties that may apply, that the answers, statements and information provided in connection with the Application were true, correct, and complete to the best of Respondent’s knowledge and belief.[2] 4. According to the Department’s witness’s testimony at hearing, the license was issued pending the results of a background investigation.[3] However, the background investigation in this matter revealed that Respondent had been convicted of a felony with a judgment date of December 8, 2014.[4] The judgment itself states that the crime for which Respondent was found guilty was a felony.[5] 5. Although the beginning of the hearing in this matter was delayed to afford Respondent additional time to appear, no one appeared on her behalf. Therefore, the evidence summarized above was uncontested. Notably, Respondent’s judgment date predated the date of the Application, so Respondent was aware of it at the time of the Application. Unfortunately, by failing to appear, Respondent could offer no evidence against which to weigh the appropriateness of imposing revocation of the license in the Department’s disciplinary action. CONCLUSIONS OF LAW 1. This matter is a disciplinary action in which the Department bears the burden of proof, and the standard of proof on all issues is by a preponderance of the evidence. A.A.C. R2-19-119. 2. A preponderance of the evidence is “[e]vidence of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary 1182 (6th ed. 1990). 3. The Director has the authority to revoke Respondent’s license for providing incorrect, misleading or materially untrue information in the Application. See A.R.S. § 20-295(A)(1). 4. The uncontroverted evidence at hearing established that Respondent did not answer the question at issue in the Application correctly and thereby provided false information. With no other factors to consider in this matter, it must be recommended that Respondent’s license be revoked. ORDER Based on the above, the determination made by the Department to revoke Respondent’s license is sustained.

In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be the date of that certification unless otherwise stated thereon.

Done this day, August 22, 2016.

/s/ Dorinda M. Lang Administrative Law Judge

Transmitted electronically to:

Leslie R. Hess, Interim Director Arizona Department of Insurance ----------------------- [1] See Exhibit 1. [2] See Exhibit 1, third page from top. [3] See Exhibit 2. [4] See Exhibit 3. [5] Exhibit 3, second paragraph of the text following the heading.

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