ALJDEC decisions subject to certification as final

19A-077-INS · Department of Insurance · 2019-11-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

GARCIA, ROXANNE

(National Producer No. 7732988)

Respondent

No. 19A-077-INS

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 7, 2019.

APPEARANCES: Respondent Roxanne Garcia did not appear. Assistant Attorney General Deian Ousounov represented the Arizona Department of Insurance (“Department”).

ADMINISTRATIVE LAW JUDGE: Kay Abramsohn

_____________________________________________________________________

FINDINGS OF FACT

The Department issued a Notice of Hearing (“Notice”) advising Respondent of a hearing date and time of November 7, 2019, at 1:00 p.m., at the Office of Administrative Hearings located at 1740 West Adams, Lower Level, Phoenix, Arizona. The Notice was sent to Respondent through regular mail and electronic mail.

The Tribunal waited a minimum of 15 minutes to convene the hearing in order to afford additional time for Respondent; she failed to appear. Respondent had not contacted the Office of Administrative Hearings to advise of any reason for his absence or a delay, nor did she request to appear telephonically or that the hearing be continued. Therefore, the hearing proceeded in Respondent’s absence.

At all times relevant to this matter, Respondent was licensed with National Producer Number 7732988 by the Department; that license expired on December 31, 2018.

The Department was notified that Respondent had resigned in lieu of being been terminated by her employer “for cause.” The Department learned that Respondent had failed to apply a premium payment to a consumer’s insurance policy and, instead, was using the funds personally.

The Department subsequently subpoenaed documents from Respondent.

Respondent failed to respond and failed to provide any documents.

The Department argued that Petitioner’s License should be revoked based on Petitioner’s actions in violation of the Arizona insurance statutes and rules.

CONCLUSIONS OF LAW

This matter is a disciplinary proceeding wherein the Department must prove by a preponderance of the evidence that Petitioner violated the State’s Insurance Laws. See A.A.C. R2-19-119.

Respondent’s conduct, as set forth above and in the Notice of Hearing, constitutes a violation of A.R.S. § 20-295(A)(4) for misappropriating or converting monies received in the course of doing insurance business.

Respondent’s conduct, as set forth above and in the Notice of Hearing, constitutes a violation of A.R.S. § 20-295(A)(2) for failing to respond to the Director’s subpoena, i.e., violating an order of the Director.

Based on the foregoing, grounds exist for the Department’s Director to suspend or revoke Respondent’s License pursuant to A.R.S. § 20-295.

RECOMMENDED ORDER

IT IS ORDERED Respondent’s National Producer License No. 7732988 is revoked on the effective date of the Department’s 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, November 26, 2019.

/s/ Kay Abramsohn

Administrative Law Judge

Transmitted electronically to:

Keith A. Schraad, Director

Arizona Department of Insurance