ALJDEC decisions subject to certification as final

20A-040-INS · Department of Insurance and Financial Institutions - Insurance · 2021-02-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

JUSTIN SHEEHAN,

(National Producer No. 19203584)

RESPONDENT.

No. 20A-040-INS

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: February 1, 2021

APPEARANCES: Assistant Attorney General Holly Wan appeared on behalf of the Arizona Department of Insurance and Financial Institutions. Respondent Justin Sheehan did not appear.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

On October 22, 2020, the Arizona Department of Insurance and Financial Institutions (Department) issued a Notice of Hearing and Complaint setting the above-captioned matter for hearing at 1:00 p.m. on December 10, 2020, at the Office of Administrative Hearings in Phoenix, Arizona.

Respondent did not appear at the scheduled time and the matter was convened in his absence at about 1:15 p.m. on February 1, 2021.

The Department presented the testimony of Department Licensing Supervisor, Aqueelah Currie, and submitted exhibits 1 through 3, and 5.

Respondent Justin Sheehan was at all material times, licensed as an Arizona resident insurance producer with a line of authority in life insurance, National Producer Number 19203584.

Respondent’s license expires on April 30, 2023.

On June 19, 2019, Respondent filed an application for an Arizona insurance producer license (application) with the Department.

Mr. Sheehan responded “No” to the following question:

1A. Have you ever been convicted of a misdemeanor, had a judgment withheld or deferred, or are you currently charged with committing a misdemeanor?

8. Mr. Sheehan answered “Yes” to the attestation.

9. On June 21, 2019, the Department issued an insurance producer license to

Mr. Sheehan.

10. The Federal Bureau of Investigations conducted a background check and discovered that Mr. Sheehan was convicted of a misdemeanor for Sexual Abuse in the 3rd Degree in the Buffalo City Court, State of New York.

CONCLUSIONS OF LAW

1. The Department bears the burden of persuasion. Ariz. Rev. Stat. § 41-1092.07(G)(2).

2. The standard of proof on all issues is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119.

3. 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).

4. The preponderance of the evidence shows that Mr. Sheehan provided materially untrue information on the license application, which is a violation of A.R.S. § 20-295(A)(1).

5. Respondent’s conduct constitutes a violation of Ariz. Rev. Stat., Title 20, which provides grounds for the Director of the Department to revoke Respondent’s license. See Ariz. Rev. Stat. § 20-295(A) and (F).

RECOMMENDED ORDER

IT IS ORDERED that Respondent Justin Sheehan’s License No. 19203584 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 is five days after the date of that certification.

Done this day, February 1, 2021.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Christina Corieri, Interim Director

Arizona Department of Insurance