ALJDEC decisions subject to certification as final

18A-121-INS · Department of Insurance · 2019-09-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 17, 2019 APPEARANCES: Respondent Donald Anthony Wosmek did not appear. The Arizona Department of Insurance was represented by Assistant Attorney General Deian Ousounov. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer _____________________________________________________________________ FINDINGS OF FACT At all times material to this matter, Donald Anthony Wosmek (Respondent) was licensed by the Arizona Department of Insurance (Department). On or about October 2, 2017, the Department issued Respondent a license to Respondent as an insurance producer, National Producer Number 6461647 (License), which expires on June 30, 2021. Mary Kosinski, Regulatory Legal Affairs Officer, 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 March 16, 2018, the Department issued a letter to Respondent by mail at his residence and mailing address of record, informing him that his fingerprint card that was submitted during the application process for the License could not be processed and was returned by DPS as illegible. In that letter, the Department requested that Respondent submit a replacement set of fingerprints and the enclosed blank Illegible Fingerprint Replacement Form. The Department provided a deadline of April 6, 2018, for the return of the completed replacement fingerprint form. Respondent did not reply to the Department’s request. Because the Department did not receive the requested replacement fingerprint form from Respondent as requested, on April 17, 2018, the Department sent another letter to Respondent at his business address of record, giving Respondent a deadline of May 4, 2018, 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. The Department indicated that the failure to respond to the letter would result in the initiation of disciplinary action being taken against the License. Ms. Kosinski 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) and (F). 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, September 19, 2019.

/s/ Tammy L. Eigenheer Administrative Law Judge

Transmitted electronically to:

Keith A. Schraad, Director Arizona Department of Insurance -----------------------

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826