ALJDEC decisions subject to certification as final
24A-048-INS · Department of Insurance and Financial Institutions - Insurance · 2024-07-18
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
Cierra D. Brown,
(National Producer No. 19243788)
Petitioner.
No. 24A-048-INS
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: July 18, 2024 at 1:30 PM.
APPEARANCES: Assistant Attorney General Zachary Howard, Esq. appeared on behalf of the Arizona Department of Insurance and Financial Institutions (“Department”) with Aqueelah Currie as a witness. No appearance(s) by or on behalf of Cierra Brown (“Respondent”).
ADMINISTRATIVE LAW JUDGE: Jenna Clark.
EXHIBITS ADMITTED INTO EVIDENCE: N/A.
FINDINGS OF FACT
On March 11, 2024, the Department received an application for an Arizona non-resident insurance provider license producer through the National Insurance Producer Registry. In her application, Petitioner disclosed misdemeanor and felony criminal convictions, but did not provide all required documentation regarding her felony conviction.
On March 13, 2024, the Department informed Petitioner that it had yet to receive her outstanding felony-related documentation. On May 13, 2024, the Department again informed Petitioner that her felony-related documentation remained outstanding and that her application was deemed withdrawn because her application deficiencies had not been cured within sixty (60) days of March 11, 2024.
On an unknown date, Petitioner timely filed an appeal of the Department’s determination to withdraw her application.
On June 10, 2024, the Department issued a Notice of Hearing and Complaint (“Notice”) setting the above-captioned matter for a hearing before the Office of Administrative Hearings (“OAH”), an independent agency, in Phoenix, Arizona. The Notice stated that the hearing was to decide whether the Department’s withdrawal of Petitioner’s renewal application for an Arizona non-resident insurance producer license should be affirmed pursuant to Ariz. Admin. Code R20-6-708(C)(3) due to Petitioner’s alleged failure to correct deficiencies in her application within sixty (60) days after notice of said deficiencies were provided. The Notice also included the following advisement:
Under A.A.C. R20-6-106, within twenty (20) days after service of a Notice of Hearing, the Petitioner shall appear by filing a written Answer to the allegations in the Notice. The Answer shall state Petitioner’s position or defense and shall specifically admit or deny each assertion in the Notice. Any allegation not denied shall be deemed admitted. Any defense not raised will be considered waived. If a timely Answer is not filed, Petitioner may be deemed in default and the Director may deem the allegations in the Notice as true and admitted. Accordingly, the Director may take whatever action is deemed appropriate.
Correspondence issued to Petitioner was not returned as undeliverable.
On July 01, 2024, the Department submitted six (6) proposed hearing exhibits to OAH.
On July 05, 2024, the Tribunal issued a Minute Entry which granted the parties permission to appear remotely for the above-captioned matter via teleconference or videoconference. Correspondence issued to Petitioner was not returned as undeliverable.
On July 18, 2024, at the time scheduled for hearing, Petitioner failed to appear, and further failed to request to appear via alternative means or submit a Motion to Continue.
There is no settlement on file for this matter at OAH.
CONCLUSIONS OF LAW
This matter lies within the Departments jurisdiction, and was properly brought before OAH for adjudication.
Ariz. Admin. Code R20-6-708(C)(3) provides that if an applicant does no adequately respond to each specified deficiency in a notice of deficiency issued within sixty (6) days after the date of notice of deficiency, the application is deemed withdrawn and the Department is not required to take further action with respect to the underlying application.
Ariz. Admin. Code R20-6-106(D) provides that a party who fails to file a required answer within the time allotted is in default.
Ariz. Admin. Code R2-19-117 provides that if a party fails to appear at a hearing, the administrative law judge may vacate the hearing and return the matter to the agency for any further action.
Because Petitioner failed to appear, the undersigned concludes that she has waived her right to an administrative hearing.
ORDER
IT IS ORDERED that Cierra D. Brown’s appeal be dismissed.
IT IS FURTHER ORDERED that on the effective date of the Final Order in this matter, the Department’s withdrawal of Petitioner’s renewal application for an Arizona non-resident insurance producer license be affirmed pursuant to Ariz. Admin. Code R20-6-708(C)(3).
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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
-137160-45720000Done this day, July 23, 2024.
Office of Administrative Hearings
/s/ Jenna Clark
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Barbara D. Richardson, Director
Alena Caravetta, Regulatory Legal Affairs Officer
Ana Starcevic, Paralegal Project Specialist
Aqueelah Currie, Licensing Supervisor
Department of Insurance and Financial Institutions – Insurance
Arizona Department of Insurance and Financial Institutions
100 N. 15th Ave., Ste. 261
Phoenix, AZ 85007-2630
[email redacted]
[email redacted]
Zachary Howard, Esq., Assistant Attorney General
Office of the Attorney General
Public Law Section
2005 N. Central Ave.
Phoenix, AZ 85004
[email redacted]
Cierra D. Brown, Petitioner
2929 N. Central Expressway, Ste. 150
Richardson, TX 75080
[email redacted]
By: OAH Staff