ALJDEC decisions subject to certification as final
21A-065-INS · Department of Insurance and Financial Institutions - Insurance · 2021-11-15
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
KURI, NAINAM
(National Producer No. 19591548)
Respondent
No. 21A-065-INS
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: November 9, 2021
APPEARANCES: No one appeared for Respondent; Holly Wan, Esq. for the Department of Insurance and Financial Institutions
ADMINISTRATIVE LAW JUDGE: Thomas Shedden
FINDINGS OF FACT
On September 29, 2021, 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 November 9, 2021 at the Office of Administrative Hearings.
Respondent Nainam Kuri did not appear at the scheduled hearing time and the matter was convened in his absence at about 1:15 p.m.
The Department presented the testimony of its investigator Dawn Lucero.
Mr. Kuri is a licensed Arizona resident producer, National Producer Number 19591548 issued by the Department on August 4, 2020. Mr. Kuri’s license is due to expire on February 29, 2024.
The Department received information showing that Mr. Kuri had not reported actions that had been taken against him in other states.
On August 18, 2020, Kansas denied Mr. Kuri’s application for licensure. Mr. Kuri reported that denial, but not in a timely manner.
On August 21, 2020, Florida denied Mr. Kuri’s application for licensure. Mr. Kuri did not report that denial to either the Department or to the National Insurance Producer Registry.
On January 11, 2021, Indiana denied Mr. Kuri’s application for licensure. Mr. Kuri did not report that denial to either the Department or to the National Insurance Producer Registry.
On March 22, 2021, South Dakota denied Mr. Kuri’s application for licensure. Mr. Kuri did not report that denial to either the Department or to the National Insurance Producer Registry.
On July 1, 2021, the Department sent to Mr. Kuri’s email address of record notification that it had learned of his failure to report actions from other jurisdiction and a proposed consent order.
On July 15, 2021, the Department also sent that a copy of its email and proposed consent order to Mr. Kuri’s address of record via certified mail. The certified letter was signed for on July 17, 2021.
Mr. Kuri did not respond to the email or certified letter.
The Department subsequently learned that Mr. Kuri’s address of record was at a location that rented post office boxes. A post office box is not an acceptable business address because a licensee is required to maintain files at that address.
The Department requests that Mr. Kuri’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).
Mr. Kuri has had producers licenses denied in other states within the meaning of Ariz. Rev. Stat. section 20-295(A)(9).
Because Mr. Kuri did not report to either the Department or to the National Insurance Producer Registry the actions taken against him in other jurisdictions within thirty days of those actions, he has violated Ariz. Rev. Stat. section 20-301(A), which is also a violation of section 20-295(A)(2).
The Department alleges that Mr. Kuri violated Ariz. Rev. Stat. section 20-286(C)(1), by failing to update his addresses within thirty days of any change. The Department had not proven this allegation because it has not proven that Mr. Kuri’s addresses are not those in his license summary.
Because Mr. Kuri has violated Ariz. Rev. Stat. sections 20-295(A)(2) and (A)(9) and section 20-301, the Department has authority to revoke his license.
Considering the facts and circumstances of this matter, particularly Mr. Kuri’s failure to appear at the hearing, his license should be revoked.
ORDER
IT IS ORDERED that Nainam Kuri’s license number 19591548 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.
-54864001
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-137160-45720000Done this day, November 15, 2021.
/s/ Thomas Shedden
Thomas Shedden
Administrative Law Judge
Transmitted electronically to:
Evan G. Daniels,
Department of Insurance and Financial Institutions - Insurance
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