ALJDEC decisions subject to certification as final

19A-103-INS · Department of Insurance · 2020-01-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

VICTOR, DAVID SYLVON

(National Producer No. 17774371 )

Respondent

No. 19A-103-INS

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 17, 2019

APPEARANCES: Respondent David Sylvon Victor did not appear. The Arizona Department of Insurance was represented by Assistant Attorney General Deian Ousounov.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

At all times relevant to this matter, David Sylvon Victor (Respondent) was licensed by the Arizona Department of Insurance (Department) in Arizona as a non-resident insurance producer with lines of authority in property and casualty insurance. National Producer Number 17774371. Respondent’s license was scheduled to expire on July 31, 2020.

On or about May 18, 2018, Amica Mutual Insurance Company (“Amica”) notified the Department that Respondent had been terminated due to providing incorrect information on his license application and failing to disclose to Amica the administrative actions that had been taken against his license.

Upon investigation, the Department discovered the following administrative actions taken against Respondent in other jurisdictions:

On or about January 8, 2018, the Washington Insurance Commissioner issued a Consent Order Rescinding Order Revoking License NO. 17-0457 and Levying a Fine for failing to timely report an administrative action by failing to respond to inquiries from the Insurance Commissioner.

On or about March 1, 2018, the Louisiana Department of Insurance (LDOI) issued a Notice of Administrative Fine against Respondent for failure to report other state administrative actions and assessed a fine against Respondent. On or about July 12, 2018, the LDOI issued a Notice of Revocation Order Producer License #734682 revoking Respondent’s Louisiana insurance producer license.

On or about April 30, 2018, the Commonwealth of Virginia, State Corporation Commission, issued an Order Revoking License against Respondent which revoked his Virginia non-resident insurance producer license for “providing materially incorrect, misleading, incomplete or untrue information in the license application filed with the Commission.”

On or about May 22, 2019, the Office of the Commissioner of Insurance, State of Wisconsin, issued an Order of Forfeiture and Order against Respondent for failing to disclose a 1995 felony conviction for second0degree robbery on his license application and for failing to timely disclose the states of Washington and Louisiana administrative actions against his license.

On or about July 19, 2018, the New Hampshire Insurance Department issued a Revocation of Nonresident New Hampshire Insurance Producer License letter revoking Respondent’s non-resident insurance producer license upon discovering that his Massachusetts insurance producer license was cancelled.

On or about September 21, 2018, the Indiana Commissioner of Insurance issued the Final Entry against Respondent revoking immediately his “Indiana nonresident producer’s license” for failing to disclose a felony conviction on his 2017 license application and for failing to disclose other state’s administrative action.

On or about October 8, 2018, the Insurance Department of the State of Delaware issued a Final Decision and Order against Respondent revoking his non-resident insurance producer license because he “failed to report . . . adverse administrative actions taken [in] other jurisdictions, and failed to respond to the Department’s regulatory inquiries.”

On or about November 23, 2018, the Commissioner of the Department of Insurance, State of Wyoming, entered a Default Order against Respondent for failure to “plead or otherwise appear” which revoked his non-resident insurance producer license.

On or about November 26, 2018, the State of Maine, Department of Professional and Financial Regulation, Bureau of Insurance, issued a License Revocation Notice, Order, and Opportunity for Hearing against Respondent which revoked his “Maine nonresident insurance producer license” for failing to disclose other state administrative actions.

On or about December 10, 2018, the State of Connecticut Insurance Department issued an Order for Default Judgement and Order of Revocation against Respondent which revoked his Connecticut insurance producer for failing to disclose other state administrative actions.

On or about February 11, 2019, the Office of Commissioner of Insurance, State of Georgia, issued a Notice of Order of License Revocation against Respondent revoking his non-resident agent license effective March 4, 2019, for concealing a felony conviction on his license application and for failing to timely report other states’ administrative actions.

On or about February 11, 2019, the California Department of Insurance issued an Order of Summary Revocation revoking Respondent’s license and licensing rights, effective thirty (30) days from the date of the Order, for failing to disclose other state administrative actions.

Respondent did not report any of the above administrative actions to the Department within 30 days as required.

Respondent did not appear at the hearing; therefore, he did not present any evidence to refute or rebut the evidence presented by the Department.

CONCLUSIONS OF LAW

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

The copies of the Notice of Hearing that the Department sent to Respondent at his address of record and at his email address of record were reasonable and Respondent is deemed to have received notice of the hearing. A.R.S. §§ 41-1092.04 and 41-1092.05(D).

Respondent’s conduct, as described above, constituted having an insurance producer license, or its equivalent, denied, suspended, or revoked in any state province, district, or territory, within the meaning of A.R.S. § 20-295(A)(9).

Respondent’s conduct, as described above, constituted failing to report, within 30 days after the final disposition of the matter, any administrative action taken against the producer in another jurisdiction, within the meaning of A.R.S. § 20-301(A).

Grounds exist for the Director of the Department to suspend, revoke, or refuse to renew the License pursuant to A.R.S. § 20-295(A).

Further, Respondent’s failure to appear at the hearing demonstrates that he is not able to be regulated at this time.

ORDER

Based upon the above, Respondent’s License shall be revoked on the effective date of the 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.

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-137160-45720000Done this day, January 6, 2020.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Keith A. Schraad, Director

Arizona Department of Insurance -54864001

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-137160-45720000