ALJDEC - Licensing
23A-055-INS · Department of Insurance and Financial Institutions - Insurance · 2023-10-05
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
STEVEN CAFARO,
Petitioner.
No. 23A-055-INS
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: October 2, 2023
APPEARANCES: Assistant Attorney General Raya Gardner represented the Arizona Department of Insurance and Financial Institutions. Aqueelah Currie appeared as a witness. Petitioner Steven Cafaro failed to appear.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
FINDINGS OF FACT
On August 28, 2023, the Arizona Department of Insurance and Financial Institutions (“Department”) issued a Notice of Hearing advising the parties that the hearing in this matter was scheduled to convene on October 2, 2023, at 1:00 p.m., before the Office of Administrative Hearings, to determine whether grounds existed to affirm the Department’s intent to deny Edward Cafaro’s (“Petitioner”) application for an Arizona insurance producer license. The Notice of Hearing was sent via certified mail to Petitioner at his mailing address of record with the Department, as well as by email at Petitioner’s email address of record with the Department.
On September 26, 2023, Petitioner filed with the Office of Administrative Hearings a request to appear virtually for the scheduled hearing.
At Petitioner’s request, on September 26, 2023, the Office of Administrative Hearings issued to the parties an Order Setting Hearing Via Google Meet. The Order contained the Google Meet information to participate in the hearing either by video or by phone. The Order was sent to Petitioner at his email address of record which is the same email address that he placed on his request to appear virtually.
On the date and time set for hearing, Assistant Attorney General Raya Gardner represented the Department. Aqueelah Currie appeared as a witness for the Department. Petitioner failed to appear. The Tribunal waited fifteen (15) minutes beyond the scheduled start time, however, Petitioner continued in his non-appearance and did not notify the Office of Administrative Hearings of any cause for the absence or delay.
The Department made a Motion to Dismiss based upon Petitioner’s failure to appear.
CONCLUSIONS OF LAW
Pursuant to A.R.S. § 41-1092.07(G)(1), at a hearing on an agency's denial of a license or permit or a denial of an application, the applicant has the burden of persuasion.
A.A.C. R2-19-119(B)(1) places the burden of proof on the party asserting a claim, right or entitlement.
Petitioner requested a hearing to contest the Department’s denial of his application for an Arizona insurance producer license. Therefore, Petitioner, as the applicant, bears the burden of persuasion in this matter. By failing to appear for the hearing, Petitioner did not meet his burden.
RECOMMENDED ORDER
Based on the foregoing, it is recommended that the Department’s denial of Petitioner’s application for an Arizona insurance producer license be affirmed.
Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.
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 forty (40) days from the date of that certification.
Done this day, October 5, 2023.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Barbara D. Richardson,
Department of Insurance and Financial Institutions - Insurance
100 North 15th Avenue, Suite 261
Phoenix, AZ 85007-2630
[email redacted]
[email redacted]
Raya Gardner
Office of the Attorney General
2005 N. Central Ave.
Phoenix, AZ 85004
[email redacted]
Steven Edward Cafaro
724 N. 10th Ave.
Tucson, AZ 85705
[email redacted]
By: OAH Staff