ALJDEC decisions subject to certification as final

19A-037-INS · Department of Insurance · 2019-12-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

MARTINEZ, DESTYNY EVELYSS

(National Producer No. 18799440)

Respondent.

No. 19A-037-INS

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING DATES: November 12, 2019, at 1:00 p.m. and December 10, 2019, at 1:00 p.m.

APPEARANCES: Destyny Evelyss Martinez (“Respondent”) did not appear at the November 12, 2019 hearing date, but requested that the hearing be continued to allow her to comply with the Arizona Department of Insurance’s (“the Department’s”) requirements for licensensure; Respondent failed to appear at the December 10, 2019 hearing date; the Department was represented on both hearing dates by Chloe Woods, Esq., Assistant Attorney General.

ADMINISTRATIVE LAW JUDGE: Diane Mihalsky

FINDINGS OF FACT

The Department referred this matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing.

On or about September 27, 2019, the Department issued a Notice of Hearing, setting a hearing on November 12, 2019, at 1:00 p.m. on the issue of whether cause existed under A.R.S. §§ 20-285(E)(1) and (2) and 20-295(A)(1) and (2) to discipline Respondent’s insurance producer’s license. The Department sent the Notice of Hearing to Respondent at her addresses of record via U.S. First-Class Mail and Certified Mail, Return Receipt.

The Department’s attorney and witness appeared for the scheduled hearing on November 12, 2019. Although Respondent did not appear, the Department’s attorney stated that she had contacted the Department to request that the hearing be continued to allow her additional time to comply with the Department’s requirements and to keep her insurance producer’s license.

On November 12, 2019, the Administrative Law Judge at OAH issued an order setting a continued hearing on December 10, 2019, at 1:00 p.m. OAH staff sent the order to Respondent at her address of record.

The Department submitted four exhibits and presented the testimony of Aqueelah Currie, its Licensing Supervisor.

Respondent did not request to appear telephonically at the hearing and did not request that the hearing again be continued. Although the start of the duly noticed hearing did not conclude until 1:15 p.m., Respondent did not appear, personally or through an attorney, and did not contact OAH to request additional time. Consequently, Respondent did not present any evidence to defend her insurance producer’s license.

Hearing Evidence

Ms. Currie testified that persons who desire to be licensed as insurance producers in Arizona are required to take an examination and, after they have passed the examination, to file an application to the Department. Applicants are also required to provide additional documentation, including their fingerprints, to allow the Department to obtain a criminal background check from the Arizona Department of Public Safety (“ADPS”).

Ms. Currie testified that, after the Department issues a license, licensees are required to notify the Department of any changes in contact information within 30 days. This requirement allows the Department to communicate with and to regulate licensees.

On or about May 25, 2018, Respondent filed a handwritten application with the Department to be licensed as an insurance producer in Arizona. Respondent provided the address, 7520 E. Billings St., #2103, Mesa, Arizona 85207, for her residence, business, and mailing address.

On or about May 25, 2018, the Department issued National Insurance Producer’s License No. 18799440 to Respondent. As of this date, Respondent’s insurance producer’s license is active.

On or about August 10, 2018, the Department sent a letter to Respondent at her address of record on E. Billings St., informing her that, because ADPS had returned the fingerprint card to the Department as illegible, the Department required Respondent to submit a replacement set of fingerprints on or before August 22, 2018. An attachment to the letter provided the locations of fingerprinting services.

Ms. Currie testified that Respondent did not respond to the Department’s August 10, 2018 letter. She also did not ever update her address of record.

On or about September 10, 2018, the Department sent a second letter to Respondent at business address on E. Billings St., requiring her to either submit a new set of fingerprints or to submit a voluntary surrender of her insurance producer’s license to the Department on or before October 1, 2018.

As noted above, the Department requested that OAH allow Respondent additional time to submit a new set of fingerprints or to submit a voluntary surrender of her insurance producer’s license. Ms. Currie testified that Respondent did not submit a new set of fingerprints or to submit a voluntary surrender of her insurance producer’s license. Ms. Currie testified that Respondent’s license application was therefore incomplete.

CONCLUSIONS OF LAW

This matter lies within the Department’s jurisdiction.

The Notice of Hearing that the Department mailed to Respondent at the address that she provided on application was reasonable she is deemed to have received notice of the hearing.

A.R.S. § 20-285 required Respondent to file an application with the Department to be licensed and to transact business as an insurance producer. A.R.S. § 20-285(E) allows the Department to require Respondent to submit fingerprints to allow ADPS to obtain a criminal history as a condition of licensure.

Because Respondent’s illegible fingerprint submission did not satisfy the requirement of A.R.S. § 20-285(E)(2), the Department established that her application is incomplete. Grounds therefore exist under A.R.S. § 20-295(A)(1) and (2) to discipline her insurance producer’s license.

Respondent’s failures to respond to the Department’s correspondence, to update her addresses of record with the Department, to comply with the Department’s requirements, even though she was given additional time to do so, or to appear at the duly noticed continued hearing indicate that, at this time, she cannot be regulated.

ORDER

Based upon the above, IT IS ORDERED that, on the effective date of the final order in this matter, Respondent’s National Producer License No. 18799440 shall be 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 five (5) days from the date of that certification.

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-137160-45720000Done this day, December 10, 2019.

/s/ Diane Mihalsky

Administrative Law Judge

Transmitted electronically to:

Keith A. Schraad, Director

Arizona Department of Insurance -54864001

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-137160-45720000