ALJDEC decisions subject to certification as final

21A-092-INS · Department of Insurance and Financial Institutions - Insurance · 2022-02-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

FRANCISCO LOPEZ

(National Producer No. 16577813)

Respondent

No. 21A-092-INS

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 27, 2022

APPEARANCES: Respondent Francisco Lopez did not appear. The Arizona Department of Insurance and Financial Institutions was represented by Assistant Attorney General Holly Wan.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

At all times relevant to this matter, Francisco Lopez (Respondent) was licensed by the Arizona Department of Insurance and Financial Institutions (Department) in Arizona as a non-resident insurance producer, National Producer Number 16577813, with lines of authority in casualty and property insurance. Respondent’s license was scheduled to expire on August 31, 2023.

Respondent’s business and mailing address of record with the Department was 401 Northwest Hwy., Apt. 4150, Irving, TX 75039-4198. Respondent’s business e-mail address of record with the Department was [email redacted].

On or about October 13, 2020, Respondent’s Texas resident producer license became inactive and he no longer met the requirement of maintaining his resident license in good standing.

Upon investigation, the Department discovered the following administrative actions taken against Respondent in other jurisdictions:

On or about December 15, 2020, the Nebraska Department of Insurance issued a Recommended Order requiring Respondent to pay a fine of $1,000.00 within 90 days.

On or about February 9, 2021, the Kansas Insurance Department issued an Administrative Action against Respondent revoking his Kansas non-resident insurance producer license. Kansas’ Administrative Action was based on Respondent’s voluntary surrender of his Texas resident insurance producer license and his failure to meet the requirement of maintaining his resident license in good standing.

On or about July 22, 2021, the California Department of Insurance issued an Order of Summary Revocation against Respondent revoking his California insurance producer license effective August, 2021. California’s Order of Summary Revocation was based on Respondent’s the administrative actions taken against his license in Nebraska and Kansas and his failure to report them.

On or about August 26, 2021, the New Mexico Office of the Superintendent of Insurance issued a Final Order against Respondent revoking his New Mexico insurance producer license.

Respondent did not report any of the above administrative actions to the Department within 30 days of the final disposition of those actions as required.

On or about August 17, 2021, the Department sent a Consent Order proposing the revocation of his Arizona non-resident insurance producer license based on his failure to maintain his Texas resident licensed in good standing and his failure to report the administrative actions of the other states within 30 days of the final disposition of those actions. The Consent Order was sent to Respondent via certified mail to his address of record.

On or about September 2, 2021, the certified mail was returned by the United States Postal Service to the Department with a label stating, “Return to Sender / Not Deliverable as Addressed / Unable to Forward.”

Respondent did not appear at the hearing; therefore, he did not present any evidence to refute or rebut the evidence presented by the Department.

CONCLUSIONS OF LAW

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. See A.A.C. R2-19-119.

The copies of the Notice of Hearing that the Department sent to Respondent at his address of record and at his email address of record were reasonable and Respondent is deemed to have received notice of the hearing. A.R.S. §§ 41-1092.04 and 41-1092.05(D).

Respondent’s conduct, as described above, constituted failing to maintain his resident license in good standing in his home state of Texas within the meaning of A.R.S. § 20-287(A)(1).

Respondent’s conduct, as described above, constituted a violation of nay provision under Title 20, or of any rule, subpoena, or order of the director within the meaning of A.R.S. § 20-287(A)(2), namely A.R.S. § 20-286(C)(1).

Respondent’s conduct, as described above, constituted having an insurance producer license, or its equivalent, denied, suspended, or revoked in any state province, district, or territory, within the meaning of A.R.S. § 20-295(A)(9).

Respondent’s conduct, as described above, constituted failing to report, within 30 days after the final disposition of the matter, any administrative action taken against the producer in another jurisdiction, within the meaning of A.R.S. § 20-301(A).

Grounds exist for the Director of the Department to suspend, revoke, or refuse to renew Respondent’s license pursuant to A.R.S. §§ 20-286(C)(1), 20-287(A)(1), 20-295(A)(2) and (9), and 20-301(A).

Further, Respondent’s failure to appear at the hearing further demonstrated that he cannot be regulated at this time.

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-54864001

001

-137160-45720000.

Done this day, February 16, 2022.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Evan G. Daniels,

Department of Insurance and Financial Institutions - Insurance

-54864001

001

-137160-45720000