ALJDEC - Licensing

24A-110-INS · Department of Insurance and Financial Institutions - Insurance · 2025-03-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

Myles Coston

Petitioner

No. 24A-110-INS

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 7, 2025

APPEARANCES: Assistant Attorney General Raya Gardner appeared on behalf on the Arizona Department of Insurance and Financial Institutions.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

EXHIBITS ADMITTED INTO EVIDENCE:

_____________________________________________________________________

FINDINGS OF FACT

The above-captioned matter was set to convene for hearing on January 9, 2025, at the Office of Administrative Hearings in Phoenix, Arizona.

Just prior to the hearing that day, Petitioner, request a continuance as he was unaware the matter was set for an in-person hearing, and requested that the matter be set for a virtual hearing.

On January 10, 2025, the tribunal granted Petitioner’s request and set the hearing for March 7, 2025 at 9:00 a.m., and also provided the Google Meet instructions to connect to the hearing. The Order was sent to Petitioner’s email address of record.

No representative for Petitioner appeared by 9:15 a.m., on March 7, 2025, and consequently, the matter was not convened and no evidence was taken.

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.

Further, A.R.S. § 41-1092.07(G)(1), provides, “[a]t a hearing on an agency's denial of a license or permit or a denial of an application or request for modification of a license or permit, the applicant has the burden of persuasion.”

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, March 24, 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

Raya Gardner

Office of the Attorney General

[email redacted]

Myles Coston

[email redacted]

By: OAH Staff