ALJDEC decisions subject to certification as final
22A-017-INS-RES · Department of Insurance and Financial Institutions - Insurance · 2022-08-24
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
Joseph Cardona
(National Producer License No. 19502042)
Respondent.
No. 22A-017-INS-RES
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: August 4, 2022
APPEARANCES: Respondent Joseph Cardona failed to appear. Assistant Attorney General James Rolstead appeared on behalf of the Arizona Department of Department of Insurance and Financial Institutions - Insurance.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
On June 15, 2022, 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 August 4, 2022, 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 August 4, 2022.
The Department presented the testimony of Department Investigations Supervisor, Wendy Greenwood, and submitted exhibits 1 through 6.
Respondent Joseph Cardona was at all material times, licensed as an Arizona resident insurance producer with lines of authority in accident and health or sickness insurance, and life insurance, National Producer Number 19502042.
Respondent’s license expires on March 18, 2021.
Mr. Cardona’s addresses of record with the Department are: 11024 N. 28th Dr., Suite 240, Phoenix, Arizona 85029 (business); 5401 E. Van Buren St., #1082, Phoenix, Arizona 85008 (mailing and residence); and [email redacted] (email).
On October 26, 2021, the Department received a complaint alleging that
Mr. Cardona had misrepresented the terms of the consumer’s limited benefit policy.
On November 3, 2021, the Department sent an email to Mr. Cardona requesting records related to the complaint by November 18, 2021.
Mr. Cardona failed to respond to the November 3, 2021 email.
On November 24, 2021, the Department sent a second email to Mr. Cardona requesting a written response and all records pertaining to Complainant.
Mr. Cardona failed to respond to the second email.
On January 6, 2022, the Department left a voice message with Mr. Cardona and sent a third email request for records with a due date of January 13, 2022.
Mr. Cardona did not respond to the voice message or third email.
On February 18, 2022, the Department issued a subpoena Duces Tecum, pursuant to Ariz. Rev. Stat. § 20-160(A), which ordered Mr. Cardona to appear and produce documents at the Department for an Examination Under Oath scheduled March 8, 2022.
Mr. Cardona failed to appear and failed to produce records on March 8, 2022.
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. Cardona’s conduct
constitutes a violation of Ariz. Rev. Stat. Title 20, or any rule, subpoena or order of the Director, within the meaning of Ariz. Rev. Stat. § 20-295(A)(2).
5. Therefore, the Administrative Law Judge concludes that grounds exist for the Director to revoke Respondent’s license. See Ariz. Rev. Stat. § 20-295(A) and (F).
RECOMMENDED ORDER
IT IS ORDERED that Respondent Joseph Cardona’s License No. 19502042 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, August 24, 2022.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Evan G. Daniels,
Department of Insurance and Financial Institutions - Insurance
By Miranda Alvarez
Legal Secretary