ALJDEC decisions subject to certification as final

21A-018-FIN · Department of Insurance and Financial Institutions - Financial · 2021-06-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Consumer Lender License of:

AUTOGRAVITY CORPORATION

(License No. CL-0939382)

Respondent

No. 21A-018-FIN

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: June 22, 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 April 27, 2021, the Arizona Department of Insurance and Financial Institutions (“Department”) issued a Notice of Hearing setting the above-captioned matter for hearing at 1:00 p.m. on June 22, 2021 at the Office of Administrative Hearings in Phoenix, Arizona.

The issue for hearing is whether grounds exist to suspend Respondent Autogravity Corporation’s consumer lender license number CL-0939382.

No representative for Respondent appeared and the matter was convened in its absence at about 1:17 p.m.

Consumer lender licenses are valid from July 1 through June 30 of the following year and must be renewed each year, which requires payment of a renewal fee.

Although a consumer lender license that is not renewed expires, the applicable statutes also provide that all licenses remain in effect until surrendered, revoked or suspended.

Respondent’s license is a consumer lender license was first issued on June 8, 2017.

Respondent last renewed its license on June 20, 2019.

Respondent did not file an application to renew its license or pay the applicable fee and its license expired on June 30, 2020.

Because Respondent did not renew its license and did not pay the applicable fee, the Department requests that Respondent’s license be suspended.

CONCLUSIONS OF LAW

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

The standard of proof on all issues in this matter is that of a 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).

A consumer lender is “a person that advertises to make or procure, solicits or holds itself out to make or procure, or makes or procures consumer lender loans to consumers in this state.” Ariz. Rev. Stat. § 6-601(5).

A consumer lender license is valid from July 1 through June 30, and remains in full force until surrendered, revoked or suspended. Ariz. Rev. Stat. § 6-604(B) and (C).

A consumer lender license may be renewed by filing an application with the applicable fee. Ariz. Rev. Stat. § 6-603(E).

The Department may suspend a consumer lender license if the holder does not pay the applicable renewal fee. Ariz. Rev. Stat. § 6-605(A)(3).

Respondent failed to pay the required renewal fee before June 30, 2020. Consequently, Respondent’s consumer lender license number CL-0939382 should be suspended.

ORDER

IT IS ORDERED that Autogravity Corporation’s consumer lender license number CL-0939382 is suspended.

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, June 22, 2021.

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-137160-45720000Done this day, June 22, 2021.

/s/ Thomas Shedden

Thomas Shedden

Administrative Law Judge

Transmitted electronically to:

Evan G. Daniels,

Department of Insurance and Financial Institutions

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-137160-45720000