ALJDEC decisions subject to certification as final

19A-131-INS · Department of Insurance · 2020-07-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

FIELDS, MYKEL REN,

(National Producer No. 8754929)

Respondent.

No. 19A-131-INS

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 9, 2020

APPEARANCES: Respondent Mykel Ren Fields did not appear. Assistant Attorney General Lynette Evans appeared on behalf of the Arizona Department of Insurance.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

1. In 2017, the Arizona Department of Insurance (Department) issued an Arizona resident insurance producer license with lines of authority in property and casualty insurance to Respondent. The license expires on July 31, 2021.

2. Respondent’s addresses of record with the Department were: 1794 E. Route 66, Flagstaff, AZ 86004 (business and mailing) and [email redacted] (business e-mail).

3. On or about July 9, 2019, Farmers Insurance sent a letter to the Department’s Insurance Fraud Unit that contained an allegation that Ms. Fields received a $1,200 cash payment from a customer that she did not credit to the customer’s account, nor deposit with the companies. See Exhibit 2. Farmers Insurance conducted an investigation regarding the incident and interviewed Respondent. Respondent expressed that she took the payment because the bank was closed and she did not want to leave the payment at the office overnight. Farmers Insurance terminated

Ms. Fields appointment with several companies. See id.

4. On or about August 8, 2019, the Department issued a subpoena duces tecum to Respondent, instructing Respondent to appear at the Department on August 26, 2019 at 9:00 a.m., and provide testimony and documents related to Farmer’s Insurance.

5. Respondent failed to appear at the Department on August 26, 2019.

6. The Department mailed the Notice of Hearing to Respondent at her business and mailing addresses of record.

7. Although the beginning of the duly noticed hearing was delayed approximately 15 minutes, Respondent did not appear personally or through a duly authorized representative, contact the Office of Administrative Hearings to request a continuance or that the time for the hearing be further delayed, or present any evidence at the hearing to defend her license.

8. The Department appeared through its attorney and presented the testimony of Investigator Jeffrey Eavenson of the Department’s Administrative Enforcement Unit.

CONCLUSIONS OF LAW

1. This matter lies within the Department’s jurisdiction.

2. 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.

3. 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.

4. The Department has established by a preponderance of the evidence that Respondent violated Arizona Revised Statutes (A.R.S.) § 20-295(A)(2).

5. Grounds exist for the Director of the Department to suspend, revoke, or refuse to renew Respondent’s 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.

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-137160-45720000Done this day, July 29, 2020.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Christina Corieri, Interim Director

Arizona Department of Insurance

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