ALJDEC decisions subject to certification as final

20A-002-INS · Department of Insurance and Financial Institutions - Insurance · 2021-01-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

Eaddy, Miranda

(National Producer No. 18693512)

Respondent

No. 20A-002-INS

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: January 4, 2021

APPEARANCES: No one appeared for Respondent; Lynette Evans Esq. for the Department of Insurance and Financial Institutions

ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT

On January 29, 2019, the Arizona Department of Insurance and Financial Institutions (“Department”) issued a Notice of Hearing setting the above-captioned matter for hearing on November 19, 2020 at the Office of Administrative Hearings.

The matter was continued and rescheduled to convene at 1:00 p.m. January 4, 2021.

Respondent Miranda Eaddy did not appear at 1:00 p.m. January 4, 2021 and the matter was convened in her absence at about 1:15 p.m.

The Department presented the testimony of its senior investigator Jeff Eavenson.

Ms. Eaddy holds an Arizona non-resident producer license, National Producer Number 18693512. A non-resident license holder must be licensed in another state.

Ms. Eaddy’s home state is Connecticut.

On September 30, 2019, Ms. Eaddy’s Connecticut license was cancelled.

Ms. Eaddy’s addresses of record are 1 Griffin Road North, Windsor, Connecticut, 6095-1512 (business), 56 Gloria St. Windsor, Connecticut, 06095 (mailing), and [email redacted] (business email). The Notice of Hearing shows that it was sent to Ms. Eaddy at all three addresses.

As pertinent to this matter, Ms. Eaddy was also licensed in California, Indiana, Louisiana, North Dakota, South Dakota, and Washington.

On August 29, 2019, California revoked Ms. Eaddy’s producer’s license for a failure to respond, criminal history record.

On September 19, 2018, Florida suspended Ms. Eaddy’s producer’s license and assessed against her a $1500 fine. On November 19, 2018, Florida revoked Ms. Eaddy’s license for failure to pay that fine.

On October 4, 2019, Indiana suspended Ms. Eaddy’s license based on other states’ actions.

On March 20, 2019, Louisiana revoked Ms. Eaddy’s license for failing to report other states’ actions.

On April 23, 2018, Ms. Eaddy’s North Dakota license was classified as conditional based on other states’ actions.

On June 11, 2018, South Dakota revoked Ms. Eaddy’s license for failure to report other states’ actions.

On December 18, 2018, Washington revoked Ms. Eaddy’s license for failure to report other states’ actions.

Ms. Eaddy was required to report to the Department these other states’ disciplinary actions against her, but did not do so.

The Department requests that Ms. Eaddy’s license be revoked.

CONCLUSIONS OF LAW

The Department bears the burden of persuasion. Ariz. Rev. Stat. § 41-1092.07(G).

The burden of proof at an administrative hearing falls to the party asserting a claim, right or entitlement. The standard of proof is that of the preponderance of the evidence. Ariz. Admin. Code § R2-19-119.

A preponderance of the evidence is:

The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.

Black’s Law Dictionary 1373 (10th ed. 2014).

Ms. Eaddy received proper notice of the hearing. See Ariz. Rev. Stat. § 41-1092.04.

Because Ms. Eaddy is no longer licensed in her home state of Connecticut, she does not meet the requirements for a non-resident license in Arizona. Ariz. Rev. Stat. § 20-287(A).

Ms. Eaddy has had her licenses in other states revoked, which is a violation of Ariz. Rev. Stat. section 20-295(A)(9).

Ms. Eaddy was required to report to the Department the administrative actions taken against her by California, Indiana, Louisiana, North Dakota, South Dakota, and Washington, within thirty days of each of those actions. Ariz. Rev. Stat. § 20-301(A). Because Ms. Eaddy failed to report those administrative actions, she has violated Ariz. Rev. Stat. section 20-295(A)(2).

Because Ms. Eaddy has violated Ariz. Rev. Stat. section 20-295, the Department has authority to revoke her license.

Considering the facts and circumstances of this matter, Ms. Eaddy’s license should be revoked.

ORDER

IT IS ORDERED that Miranda Eaddy’s license number 18693512 is revoked.

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 the date of that certification.

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-137160-45720000Done this day, January 7, 2021.

/s/ Thomas Shedden

Thomas Shedden

Administrative Law Judge

Transmitted electronically to:

Evan Daniels, Director

Arizona Department of Insurance

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