ALJDEC decisions subject to certification as final

19A-067-INS · Department of Insurance · 2020-03-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

LORENZO, JAZMIN

(National Producer No. 18940639)

Respondent.

No. 19A-067-INS

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: February 26, 2020.

APPEARANCES: Assistant Attorney General Lynette Evans represented the Arizona Department of Insurance (Department). Jazmin Lorenzo (Respondent) failed to appear.

ADMINISTRATIVE LAW JUDGE: Kay Abramsohn

_____________________________________________________________________

FINDINGS OF FACT

At all times relevant, Respondent was licensed by the Department as an Arizona resident insurance provider with line of authority in accident and health insurance, under National Producer Number 18940639. First licensed in October 2018, Respondent’s license currently expires on April 30, 2022.

Respondent’s addresses with the Department are as follows: 1601 W. Fountainhead Parkway, Tempe Arizona 8582 (Business); 6815 S. McClintock Dr. #2210, Tempe, Arizona 85283 (Mailing); and, [email redacted] (Business email).

On or about October 11, 2018, Respondent submitted an online license application with the Department. Respondent answered "No" to the following Background Question:

1B. Have you ever been convicted of a felony, had a judgment withheld or deferred, or are you currently charged with committing a felony? You may exclude juvenile adjudications (offenses where you were adjudicated delinquent in a juvenile court).

In that 2018 Application, Appellant responded ‘Yes” to the Attestation section of the application, certifying that all information in and attached to the application was “true and complete.” The Attestation section goes on to state that the person is aware that submission of false information or the failure to provide pertinent information was “grounds for license revocation or denial of the license...”

On or about October 26, 2007, the Circuit Court of the Eleventh District In and For Miami-Dade County Florida filed the following document: Finding of Guilt and Order of Withholding Adjudication/Special Conditions in the case of State of Florida v Jazmin K. Lorenzo, Case No. F07-033389, for Cocaine Possession, a Class 3 Felony. The adjudication of guilt was stayed and withheld, fines in the amount of $523.00 were assessed, and sentence was suspended.

On or about August 24, 2009, the Circuit Court of the Eleventh District In and For Miami-Dade County Florida filed the following document: Finding of Guilt and Order of Withholding Adjudication/Special Conditions in the case of State of Florida v Jazmin K. Lorenzo, Case No. F07-039294, for Controlled Substance Possession, a Class 3 Felony. The adjudication of guilt was stayed and withheld, fines in the amount of $733.00 were assessed, and Respondent was placed on probation.

The Department noticed an administrative hearing in this matter, and Respondent failed to appear at the date and time of the noticed hearing.

At the hearing, the Department requested that Respondent’s license be revoked based on Respondent not being truthful on her application, indicating that such non-truthfulness is an indication that she cannot be regulated. While the criminal matters took place more than ten years ago, the fact that Respondent was not truthful on her application signals a poor possibility that Department would be able to regulate Respondent as a licensee under the Department’s responsibility to protect the public.

CONCLUSIONS OF LAW

This matter lies within the Department’s jurisdiction.

The Department bears the burden of proof to establish cause to discipline Respondent’s license by a preponderance of the evidence.

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

The Department established that Respondent’s conduct, as described above, constituted obtaining a license through misrepresentation, within the meaning of A.R.S. § 20-295(A)(3). Such conduct is a violation of applicable statues and rules within the meaning of A.R.S. § 20-295(A).

Respondent’s conduct, as described above, provides grounds for the Director of the Department to suspend or revoke the license pursuant to A.R.S. § 20-295(A).

Based on the hearing record, the Administrative Law Judge concludes that the Department’s action to revoke the stated license should be affirmed.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that the Director revoke Respondent Jazmin K. Lorenzo’s National Producer License No. 18940639.

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 days from the date of that certification.

Done this day, March 16, 2020.

/s/ Kay Abramsohn

Administrative Law Judge

Transmitted electronically to:

Keith A. Schraad, Director

Arizona Department of Insurance