ALJDEC decisions subject to certification as final
19A-114-INS-RES · Department of Insurance · 2020-02-28
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
AUSTIN, ANGELA MARIE
(National Producer No. 18693856)
Respondent.
No. 19A-114-INS-RES
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: February 11, 2020
APPEARANCES: Respondent Angela Marie Austin did not appear. Assistant Attorney General Deian Ousounov appeared on behalf of the Arizona Department of Insurance.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
On December 18, 2019, the Arizona Department of Insurance (Department) issued a Notice of Hearing and Complaint setting the above-captioned matter for hearing at 1:00 p.m. on February 11, 2020 at the Office of Administrative Hearings in Phoenix, Arizona.
Respondent did not appear at the scheduled time and the matter was convened in her absence at about 1:15 p.m.
The Department presented the testimony of Department Investigator Jeffrey Evanson, and submitted exhibits 1 through 7.
Respondent Angela Marie Austin was at all material times, licensed as an Arizona resident insurance producer with a line of authority in accident and health or sickness insurance, National Producer Number 18693856.
Respondent’s Arizona license number expires on October 31, 2021. Respondent’s addresses of record are 1923 Artesia Drive, Bullhead City, AZ 86442 (business and mailing) and [email redacted] (e-mail).
On or about September 6, 2018, American Family Life Assurance Company of Columbus (AFLAC) notified the Department that Respondent created false insurance applications while contracted with AFLAC and failed to respond to AFLAC’S requests for cooperation with its internal investigation (AFLAC complaint).
On October 2, 2018, the Department issued a subpoena to Respondent. Through the October 2, 2018 subpoena, the Department ordered Respondent to appear at the Department’s office on October 24, 2018 and give testimony regarding alleged fraudulent insurance transactions. The Department also ordered Respondent to produce documents.
Respondent did not appear and produce documents on October 24, 2018.
On April 25, 2019, the Department notified Respondent of the AFLAC complaint by e-mail and requested that she provide current residential and business address in which the Department could send correspondence because the home address in her file was vacant. See Exhibit 5 .The Department informed Respondent that producers are responsible for updating addresses within 30 days of the change taking place. See id.
Respondent did not respond to the Department’s April 25, 2019 e-mail.
On May 7, 2019, the Department issued a subpoena to Respondent and ordered Respondent to appear at the Department’s office on May 22, 2019 and give testimony regarding alleged fraudulent insurance transactions. The Department also ordered Respondent to produce documents through the subpoena. The May 7, 2019 subpoena was returned to the Department as undeliverable.
Respondent did not appear and produce documents on May 22, 2019.
On May 7, 2019, the Department notified Respondent by e-mail that it had issued a subpoena and ordered Respondent to appear for an Examination Under
Oath.
Respondent did not respond to the May 7, 2019 e-mail.
At hearing, Investigator Evanson testified regarding the Department’s receipt of the AFLAC complaint the Department’s repeated attempts to contact Respondent. Investigator Evanson explained that Respondent’s failure to communicate hinders the Department’s ability to investigate the complaint.
The Department requested revocation to hold the license holder accountable. CONCLUSIONS OF LAW
This matter lies within the Department’s jurisdiction.
The Notice of Hearing that the Department mailed to Respondent at her address of record was reasonable, and Respondent is deemed to have received notice of the hearing.
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.
The Department has established by a preponderance of the evidence that Respondent violated Title 20, within the meaning of Arizona Revised Statutes (A.R.S.) § 20-295(A)(2).
The Department has established by a preponderance of the evidence that Respondent failed to inform the Director in writing within 30 days of a change in residential address within the meaning of A.R.S. § 20-286(C)(1).
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).
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.
Done this day, February 28, 2020.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Keith A. Schraad, Director
Arizona Department of Insurance