ALJDEC - Licensing

24A-103-INS · Department of Insurance and Financial Institutions - Insurance · 2025-01-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

Joash Dukes

(National Producer No. 19477005),

Petitioner.

No. 24A-103-INS

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 30, 2024

APPEARANCES: Petitioner Joash Dukes failed to appear. Assistant Attorney General Raya Gardner represented the Arizona Department of Insurance and Financial Institutions. Aqueelah Currie, Licensing Supervisor, appeared as a witness for the Arizona Department of Insurance and Financial Institutions.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None

FINDINGS OF FACT

The above-captioned matter was set to convene for hearing on December 30, 2024, at 9:00 a.m., before the Office of Administrative Hearings in Phoenix, Arizona, pursuant to the Notice of Hearing and Complaint issued by the Arizona Department of Insurance and Financial Institutions (“Department”) on November 25, 2024.

The Notice of Hearing advised the parties of the hearing date and time, as well as the location of the hearing, and it was sent to Joash Dukes’ (“Petitioner”) mailing address of record with the Department via regular and certified mail, as well as to Petitioner’s email address of record with the Department.

On December 27, 2024, the Tribunal issued to the parties an Order Setting Hearing Via Google Meet that provided instructions as to how to participate in the hearing either by video or by phone. That Order was sent to Petitioner’s email address of record,

Notwithstanding a grace period, Petitioner did not appear for hearing either in person, by video, or by phone, and did not contact the Office of Administrative Hearings or the Department to indicate any cause for the absence or delay, nor did Petitioner request a continuance of the hearing.

In this case, Petitioner submitted a renewal application that was withdrawn by the Department. Petitioner appealed the Department’s decision.

Ms. Gardner made a motion to dismiss the appeal based upon Petitioner’s failure to appear.

CONCLUSIONS OF LAW

The burden of proof at an administrative hearing falls to the party asserting a claim, right or entitlement and the standard of proof on all issues in this matter is by a preponderance of the evidence. See A.A.C. R2-19-119.

Because Petitioner failed to appear and prosecute the appeal, the appeal

Is unsupported by evidence. Consequently, Petitioner’s appeal should be dismissed.

ORDER

IT IS ORDERED that Petitioner’s 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, January 2, 2025.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted by e-mail to:

Barbara D. Richardson

Department of Insurance and Financial Institutions - Insurance

[email redacted]

[email redacted]

[email redacted]

[email redacted]

Raya Gardner

Office of the Attorney General

[email redacted]

Joash Dukes

[email redacted]

By: OAH Staff