ALJDEC decisions subject to certification as final

18A-137-INS · Department of Insurance · 2019-01-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 20, 2018 APPEARANCES: Respondent Wilhma Regacho did not appear. Assistant Attorney General Deian Ousounov appeared on behalf of the Arizona Department of Insurance. ADMINISTRATIVE LAW JUDGE: Kay Abramsohn

FINDINGS OF FACT The Arizona Department of Insurance (Department) issued a Notice of Hearing setting the above-captioned matter for hearing at 8:30 a.m. on December 20, 2018, at the Office of Administrative Hearings in Phoenix, Arizona. Neither Respondent nor any representative on Respondent’s behalf appeared for the hearing. At the time of the hearing, counsel for the Department indicated that, since the day that the informal settlement conference was conducted, he had received an e-mail from Respondent indicating that she was not going to proceed with the appeal and was not going to appear at the noticed hearing.

CONCLUSIONS OF LAW The burden of proof at an administrative hearing falls to the party asserting a claim, right or entitlement and the standard of proof on all issues in this matter is by a preponderance of the evidence. See A.A.C. R2- 19-119. Because Respondent failed to appear and, from all indications, withdrew the appeal, Respondent’s appeal should be dismissed as moot. ORDER IT IS ORDERED that Respondent’s appeal is dismissed. 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 is the date of that certification. Done this day, January 2, 2019. /s/ Kay A. Abramsohn Administrative Law Judge

Transmitted electronically to:

Keith A. Schraad, Interim Director Arizona Department of Insurance

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