ALJDEC - Licensing
24A-073-INS · Department of Insurance and Financial Institutions - Insurance · 2024-11-01
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
Tyler Alan Smith,
Petitioner.
No. 24A-073-INS
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: October 16, 2024
APPEARANCES: Petitioner Tyler Alan Smith appeared on behalf of himself. Assistant Attorney General Zachary Howard represented the Arizona Department of Insurance.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
EXHIBITS ADMITTED INTO EVIDENCE: Exhibits 1 through 6.
_____________________________________________________________________
FINDINGS OF FACT
On January 3, 2018, in the Pima County Superior Court of Arizona, Petitioner pleaded guilty to and was convicted of six amended counts of Robbery, all Class 4 felonies. See Exhibit 3. The court suspended imposition of sentence and placed Appellant on intensive probation for four years. See id.
On July 14, 2021, in the Pima County Superior Court of Arizona, Petitioner pleaded guilty to and was convicted of Amended Count One: ATTEMPTED SALE OF A DANGEROUS DRUG, TO WIT: ALPRAZOLAM PILLS, a Class 3 felony, based on conduct that occurred on February 8, 2021. See Exhibit 5.
On July 14, 2021, in the Pima County Superior Court of Arizona, Petitioner pleaded guilty to and was convicted of count eight, POSSESSION OF DEADLY WEAPON BY PROHIBITED POSSESSOR, a Class 4 felony, based on conduct that occurred on February 16, 2021. See Exhibit 5.
On July 14, 2021, the Court sentenced Petitioner to two and a half years of incarceration in the Arizona Department of Corrections for amended count one, and four years of intensive supervised probation upon the release from prison, for county eight.
On August 14, 2024, Petitioner submitted an application for an insurance license to the Department.
On August 14, 2024, the Department issued a notice denying Petitioner’s application for an insurance license.
Petitioner request a hearing regarding the August 14, 2024 denial.
The matter was referred to the Office of Administrative Hearings for an evidentiary hearing.
A hearing was held on October 16, 2024.
At hearing, Petitioner testified on behalf of himself. The Department presented the testimony of its Licensing Supervisor, Aqueelah Currie.
CONCLUSIONS OF LAW
Petitioner bears the burden of persuasion. See Ariz. Rev. Stat. § 41-1092.07(G)(1).
The standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119.
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).
The Director may deny an insurance producer’s license to a person who has been convicted of a felony. See Arizona Revised Statutes § 20-295(A)(9).
It is undisputed that Petitioner has been convicted of two felonies. Therefore, the Director has grounds to deny the Application pursuant to Arizona Revised Statutes § 20-295(A)(9).
It is undisputed that Petitioner has been convicted of a felony involving a breach of trust. Therefore, the Director has grounds to deny Petitioner’s application for a waiver to engage in insurance business pursuant to 18 U.S.C. 1033(e)(2).
Although Petitioner has worked to become a better person, Petitioner has
not presented any legal authority or legal argument to show that the Department erred in its determination.
8. Therefore, Petitioner’s appeal should be dismissed.
ORDER
IT IS ORDERED that Tyler Alan Smith appeal is dismissed.
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, November 1, 2024.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Barbara D. Richardson,
Department of Insurance and Financial Institutions - Insurance
Zachary Howard, Esq.
Office of the Attorney General
[email redacted]
Tyler Alan Smith
[email redacted]
[email redacted]
By: OAH Staff