ALJDEC decisions subject to certification as final

18A-143-INS · Department of Insurance · 2019-03-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 26, 2019 APPEARANCES: No one appeared for Respondent; Deian Ousounov, Esq. for the Department of Insurance ADMINISTRATIVE LAW JUDGE: Thomas Shedden FINDINGS OF FACT On January 29, 2019, the Arizona Department of Insurance (“Department”) issued a Notice of Hearing setting the above-captioned matter for hearing at 1:00 p.m. March 26, 2019 at the Office of Administrative Hearings. Respondent Joseph Keith Haugen did not appear at the scheduled time and the matter was convened in his absence at about 1:20 p.m.[1] The Department presented the testimony of its Aqueelah Currie, its licensing supervisor. Mr. Haugen holds license No. 18225532. Mr. Haugen’s license is due to expire on August 31, 2020. On June 26, 2017, Mr. Haugen was indicted for various crimes. On June 13, 2018, Mr. Haugen was found guilty of Taking the Identity of Another, a class 4 felony, and of Theft, a class 3 felony. Among other things, Mr. Haugen was sentenced to serve twelve months in the county jail. Mr. Haugen did not report to the Department that he had been convicted of the two felonies within thirty days of the convictions. The Department learned of the convictions through a notification from the Superior Court. After learning of Mr. Haugen’s convictions, the Department attempted to contact him by telephone, email, and by mailing letters to his home and businesses address of record, but it received no response. The Department considers Mr. Haugen’s criminal convictions to be of great concern because insurance producers have access to people’s personal information, including social security numbers. The Department considered Mr. Haugen’s failure to respond to its attempts to contact him to be a concern because it shows that he may not be amenable to regulation. The Department requests that Mr. Haugen’s license be revoked. CONCLUSIONS OF LAW The Department bears the burden of persuasion. Ariz. Rev. Stat. § 41- 1092.07(G). The burden of proof at an administrative hearing falls to the party asserting a claim, right or entitlement. The standard of proof is that of the preponderance of the evidence. Ariz. Admin. Code § R2-19-119. A preponderance of the evidence is: The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.

Black’s Law Dictionary 1373 (10th ed. 2014). Mr. Haugen was required to report to the Department that he had been convicted of a felony within thirty days of the conviction, but did not do so, which is a violation of Ariz. Rev. Stat. sections 20-301 and 20- 295(A)(2), and grounds on which the Department may discipline his license. Mr. Haugen has been convicted of two felonies, for which the Department may discipline his license. Ariz. Rev. Stat. § 20-295(A)(6). Considering the nature of Mr. Haugen’s felony convictions, Mr. Haugen’s license should be revoked. ORDER IT IS ORDERED that Joseph Keith Haugen’s license number 18225532 is revoked. 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.

Done this day, March 29, 2019.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Keith A. Schraad, Director Arizona Department of Insurance

----------------------- [1] The Office of Administrative Hearings’ docket shows that on March 27, 2019, Mr. Haugen telephoned OAH and informed the office that he is incarcerated and he provided an updated address.

-----------------------

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