ALJDEC decisions subject to certification as final

16A-019-INS-res · Department of Insurance · 2016-08-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 17, 2016 APPEARANCES: Respondent Rosemary Gonzalez did not appear. The Arizona Department of Insurance was represented by Assistant Attorney General Liane Kido. ADMINISTRATIVE LAW JUDGE: Suzanne Marwil _____________________________________________________________________ FINDINGS OF FACT At all times material to this matter, Rosemary Gonzalez (“Respondent”) was and currently is licensed by the Arizona Department of Insurance (“Department”). On April 24, 2015, the Department issued Respondent an accident/health producer, life producer, variable life/variable annuities license, license number 1109507 (“License”), which expires on November 30, 2018. See Exhibit 2. Aqueelah Currie, Administrative Services Officer I for the Department, testified that when an application for a license is received and processed, it is forwarded to the Arizona Department of Public Safety (“DPS”) for processing, which includes processing by the Federal Bureau of Investigation (“FBI”) for a criminal history background check to be conducted. The Department submits the completed fingerprint forms supplied by the applicant to DPS and DPS submits the fingerprint forms to the FBI for national processing. On October 29, 2015, the Department issued a letter to Respondent by mail, informing her that her fingerprint card that was submitted during the application process for the License could not be processed and was returned by DPS as illegible. See Exhibit 3. In that letter, the Department requested that Respondent submit a replacement set of fingerprints and enclosed a blank Illegible Fingerprint Replacement Form. Id. The Department provided a deadline of November 30, 2015, for the return of the completed replacement fingerprint form. Id. Because the Department did not receive the requested replacement fingerprint form from Respondent as requested, the Department sent another letter to Respondent dated November 30, 2015, giving Respondent a deadline of December 30, 2015, to file with the Department an Illegible Fingerprint Replacement Form with a new set of fingerprints or submit a Voluntary Surrender of Insurance License Form. See Exhibit 4. The Department indicated that the failure to respond to the letter would result in the initiation of disciplinary action being taken against the License. Id. Ms. Currie testified that to date, Respondent had not responded to the above-mentioned letters and had not submitted to the Department a new set of fingerprints. Respondent did not present any evidence to refute or rebut the evidence presented by the Department. CONCLUSIONS OF LAW This matter is a disciplinary proceeding wherein the Department must prove by a preponderance of the evidence that Respondent violated the State’s Insurance Laws. See A.A.C. R2-19-119. During the application process, the Director of the Department required Respondent to submit a full set of fingerprints and Respondent’s illegible fingerprint submission did not satisfy that requirement. See A.R.S. § 20- 285(E)(2). Respondent’s conduct, as set forth above, constitutes a violation of A.R.S. § 20-295(A)(1) by having failed to provide complete information in the license application. Respondent’s conduct, as set forth above, constitutes the violation of any provision of A.R.S., Title 20, within the meaning of A.R.S. § 20-295(A)(2). Grounds exist for the Director of the Department to suspend, revoke, or refuse to renew the License pursuant to A.R.S. § 20-295(A). ORDER Based upon the above, Respondent’s License shall be revoked on the effective date of the Order entered in this matter. 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 five (5) days from the date of that certification.

Done this day, August 17, 2016.

/s/ Suzanne Marwil Administrative Law Judge

Transmitted electronically to:

Leslie R. Hess, Interim Director Arizona Department of Insurance -----------------------

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