ALJDEC - Licensing
24A-098-INS · Department of Insurance and Financial Institutions - Insurance · 2025-02-26
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
Adrina Berry
(National Producer No. 21129992)
Respondent
No. 24A-098-INS
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: February 11, 2025
APPEARANCES: Assistant Attorney General Raya Gardner appeared on behalf of the Arizona Department of Insurance and Financial Institutions.
ADMINISTRATIVE LAW JUDGE: Adam D. Stone
EXHIBITS ADMITTED INTO EVIDENCE: Department exhibits 1-5 were admitted into evidence.
_____________________________________________________________________
FINDINGS OF FACT
On July 29, 2024, Adrina Berry (Respondent) submitted an application through the National Insurance Producer Registry (NIPR) to the Arizona Department of Insurance and Financial Institutions (Department) for an Arizona non-resident insurance producer license.
In the Background Questions section of the application, Respondent answered “No” to Question 1A, which asked if she had ever been convicted of a misdemeanor, had a judgment withheld or deferred, or were currently charged with committed a misdemeanor.
Respondent also certified and attested under the penalty of perjury, that all of the information submitted in the application was true and complete and was aware that omitting pertinent or material information was grounds for license denial or revocation, which may result is civil or criminal penalties.
Based upon those answers, the Department issued an Arizona non-resident insurance producer license with lines of authority in life, accident, health and sickness to Respondent on July 29, 2024.
On or about September 26, 2024, Respondent supplied a statement to the Department informing the Department of a misdemeanor which occurred back in 1998.
Respondent, on or about October 4, 2024, e-mailed the Department informing them that she had uploaded all of the court records to NIPR.
On or about October 31, 2024, Respondent attached the Amended Complaint, Entry of Judgment Order of Probation/Parole and Order for Early Termination of Probation, to a statement which read in pertinent part:
In June of 1998, I was charged with writing a bad check in Johnson County, Kansas. This incident occurred over 20 years ago, and due to the time, that has passed, I do not recall the specific details of the situation. I was recently made aware of this charge when I applied for government security clearance six months ago.
At hearing, the Department offered the testimony of Aqueelah Currie, Licensing Supervisor for the Department, who testified to the above timeline and facts.
Ms. Currie testified that the Department believed that a civil penalty of $150.00 was appropriate in this matter, because by Respondent’s own admission, she knew about the misdemeanor conviction in April 2024, prior to submitting her Arizona application.
Ms. Currie testified too that the civil penalty was appropriate to set a “tone”, to ensure that Respondent and other applicants make accurate disclosures on their applications.
Despite waiting ten minutes prior to commencing the hearing, Respondent did not appear, and therefore, she did not present any evidence to refute or rebut the evidence presented by the Department. The Department’s attorney also informed the tribunal that she had been in correspondence with Respondent on January 9, 2025, and Respondent informed the attorney that she would not be appearing at the hearing.
CONCLUSIONS OF LAW
This matter is a disciplinary proceeding wherein the Department must prove by a preponderance of the evidence that Respondent violated the State’s Insurance Laws. See A.A.C. R2-19-119.
The copies of the Notice of Hearing that the Department sent to Respondent at his address of record and at his email address of record were reasonable and Respondent is deemed to have received notice of the hearing. A.R.S. §§ 41-1092.04 and 41-1092.05(D).
A.R.S. § 20-295(A)(1) states:
A. The director may deny, suspend for not more than twelve months, revoke or refuse to renew an insurance producer's license or may impose a civil penalty in accordance with subsection F of this section or any combination of actions for any one or more of the following causes:
1. Providing incorrect, misleading, incomplete or materially untrue information in the license application.
A.R.S. § 20-295(F) states:
F. In addition to or instead of any suspension, revocation or refusal to renew a license pursuant to this section, after a hearing the director may:
1. Impose a civil penalty of not more than two hundred fifty dollars for each unintentional failure or violation, up to an aggregate civil penalty of two thousand five hundred dollars.
2. Impose a civil penalty of not more than two thousand five hundred dollars for each intentional failure or violation, up to an aggregate civil penalty of fifteen thousand dollars.
In this case, based upon Respondent’s own admission in her disclosure to the Department on October 31, 2024, she knew about the misdemeanor at least since April 2024, if not in 1998 or thereafter. Thus, there was no reason to not disclose the same on her application. The tribunal is also concerned about Respondent’s ability to be regulated as she also failed to appear at the hearing or otherwise try to resolve this matter prior to hearing. The tribunal therefore agrees that a civil penalty is appropriate in this case.
ORDER
Based upon the above, it is recommended that Respondent pay to the Department a civil money penalty in the amount of $200.00.
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, February 26, 2025.
/s/ Adam D. Stone
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Barbara D. Richardson,
Department of Insurance and Financial Institutions - Insurance
Adrina Berry
[email redacted]
Raya Gardner
Office of the Attorney General
[email redacted]
By: OAH Staff