ALJDEC decisions subject to certification as final
22A-015-INS · Department of Insurance and Financial Institutions - Insurance · 2022-06-15
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
Satandrea Harris (National Producer License No. 19812549),
Respondent.
No. 22A-015-INS
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: May 26, 2022
APPEARANCES: Assistant Attorney General James Rolstead represented the Arizona Department of Insurance and Financial Institutions (“Department”). Satandrea Harris (“Respondent”) failed to appear.
ADMINISTRATIVE LAW JUDGE: Kay Abramsohn
_____________________________________________________________________
FINDINGS OF FACT
At all times relevant, Respondent was licensed by the Department as an Arizona nonresident insurance provider with a reciprocal line of authority in accident and health insurance, under National Producer Number 19812549.
First licensed in October 2021, Respondent’s license expiration date is November 30, 2024.
Respondent’s business and mailing address of record with the Department is 10021 Woody Ridge Road in Charlotte, North Carolina (zip code 28273); the business e-mail address of record is [email redacted].
On December 26, 2021, Respondent surrendered her North Carolina resident insurance producer license to the North Carolina Department of Insurance (“NCDOI”). In doing so, Respondent acknowledged to NCDOI that the surrender of her license was the equivalent of NCDOI taking regulatory action against her license.
On January 10, 2022, the Department reached out to Respondent at her personal email address with regard to the surrender, informing Respondent that the surrender resulted in an ineligibility to hold an Arizona nonresident licensure. The Department further informed Respondent that she would have the opportunity to surrender the Arizona nonresident license in lieu of Arizona taking disciplinary action. In its communication, the Department provided a link to the appropriate form and requested that Respondent complete the surrender form and return it no later than January 21, 2022.
When the Department did not receive the executed surrender form from Respondent, on January 24, 2022, the Department reached out by phone, and left a voicemail for Respondent, attempting to informally resolve the matter.
Respondent did not return the call to the Department.
On April 20, 2022, the Department issued it Notice of Hearing and Complaint, notifying Respondent of a scheduled administrative hearing regarding the matter and indicating that the department was taking action to revoke Respondent’s Arizona nonresident license.
Respondent did not file a written answer to the Notice of Hearing and Complaint.
At the time set for hearing, and for the duration of the hearing conducted, Respondent did not appear in person. While not necessary to have attended in person, Respondent had not requested to appear telephonically and did not call the Tribunal at the time of the hearing asking to appear telephonically.
The Department argued that Respondent’s conduct, in surrendering her licensure in North Carolina, constituted the failure to maintain a license in good standing in her state of resident, within the meaning of A.R.S. § 20-287(A)(1). The Department further argued that such conduct warranted the revocation of Respondent’s Arizona nonresident license.
CONCLUSIONS OF LAW
The Department has jurisdiction over Respondent and the subject matter in this case pursuant to A.R.S. § 20-142 and A.R.S. §§ 20-281 et seq.
Grounds exist for the Department to suspend, revoke, or refuse to renew Respondent’s licensure, pursuant to A.R.S. § 20-295(A)(1) and (A)(2).
Pursuant to A.R.S. § 41-1092.07(G)(2) and A.A.C. R2-19-119(B), the Department bears the burden of proof in this matter. The standard of proof is by a preponderance of the evidence. See A.A.C. R2-19-119(A).
The evidence of record established that Respondent had failed to maintain her North Carolina licensure in good standing.
Respondent failed to appear for the administrative hearing. Therefore, Respondent did not present any evidence to refute the evidence presented by the Department.
The Department gave Respondent several opportunities to resolve the matter in the absence of Arizona disciplinary action. However, Respondent failed to avail herself of the opportunity. The hearing record taken as a whole leads to the conclusion that Respondent is not able to be regulated.
The Department established it has grounds to revoke Respondent’s Arizona nonresident licensure pursuant to A.R.S. § 20-295(A)(1) and (A)(2).
RECOMMENDED ORDER
IT IS ORDERED revoking Satandrea Harris’s Arizona nonresident producer license under National Producer license 19812549.
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 shall be five (5) days from the date of the certification.
-54864001
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-137160-45720000Done this day, June 15, 2022.
/s/ Kay A. Abramsohn
Administrative Law Judge
Transmitted electronically to:
Evan G. Daniels, Director
Department of Insurance and Financial Institutions - Insurance
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-137160-45720000By Miranda Alvarez
Legal Secretary