ALJDEC decisions subject to certification as final

16A-124-INS · Department of Insurance · 2017-06-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

ADAMS, MARJORIE GRETCHEN

(Arizona License # 1077499),

(National Producer # 17272401),

Respondent

No. 16A-124-INS

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 30, 2017

APPEARANCES: Respondent Marjorie Gretchen Adams did not appear. The Arizona Department of Insurance was represented by Assistant Attorney General Liane Kido.

ADMINISTRATIVE LAW JUDGE: Suzanne Marwil

_____________________________________________________________________

FINDINGS OF FACT

On May 20, 2014, the Department licensed Marjorie Gretchen Adams (“Adams” or “Respondent”) as an Arizona resident life insurance producer, Arizona license number 1077499, which expires on February 28, 2018.

Respondent's address of record is: 1605 N. 1271h Ave., Avondale, AZ 85392 (business and mailing).

On May 20, 2014, Respondent submitted an Application for an

Individual Insurance License (the “Application”). With the Application, Respondent submitted check number 1037 in the amount of $142.00, which paid for both her licensing fee ($120.00) and for processing her fingerprint card ($22.00).

On May 23, 2014, the Arizona State Treasurer returned check number 1037 to the Department because the bank had returned the check as “Altered/Fictitious”.

On June 10, 2014, the Department notified Respondent by mail that check number 1037 had been returned. The Department requested a money order in the amount of $142.00 from Respondent.

6. On December 16, 2014, the Department sent Respondent a second notification that even if she did not wish to remain licensed, she still owed the Department $22.00 for processing Respondent's fingerprint card.

7. On December 24, 2014, the Department spoke to Respondent by telephone about sending a Money Order for $142.00.

8. On March 26, 2015, the Department sent Respondent a third notification that, if she wanted her license reinstated, she should send a Money Order in the amount of $142.00.

9. To date, Respondent has not paid either her licensing or fingerprint processing fee to the Department.

CONCLUSIONS OF LAW

1. 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.

2. Respondent had adequate notice of the hearing because the hearing was continued at her request and the Order Granting Continuance was sent to her address of record.

3. As part of the application process, an applicant for an insurance license is required to pay a fee for licensure, and must also pay a fee for a fingerprint background check.

4. By submitting a counterfeit check, Respondent failed to pay these fees, thereby violating A.R.S. §§ 20-167(A)(1)(a), 20-285(B)(3), 20-285(E)(2) and 41-1750(G)(4).

5. 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).

6. Grounds also exist for the Director of the Department to impose a civil penalty pursuant to A.R.S. § 20-295(F).

ORDER

Based upon the above, Respondent’s license shall be revoked on the effective date of the Order entered in this matter.

Respondent shall pay a civil penalty of $22.00 to the Department, which represents the cost of the Department obtaining Respondent’s fingerprint clearance.

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, June 6, 2017.

/s/ Suzanne Marwil

Administrative Law Judge

Transmitted electronically to:

Leslie R. Hess, Interim Director

Arizona Department of Insurance