ALJDEC decisions subject to certification as final
25A-053-INS · Department of Insurance and Financial Institutions - Insurance · 2025-08-08
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
Joseph Silveira, Petitioner.
No. 25A-053-INS
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: July 7, 2025
APPEARANCES: Joseph Silveira appeared on his own behalf. Assistant Attorney General Ray Gardner appeared on behalf of the Arizona Department of Insurance and Financial Institutions - Insurance.
ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn
EXHIBITS ADMITTED INTO EVIDENCE: Department Notice of Hearing. Department’s Exhibits 1 through 6. Petitioner’s Exhibits A and B.
_____________________________________________________________________
FINDINGS OF FACT
On March 10, 2025, Joseph Silveira (“Petitioner”) submitted to the Arizona Department of Insurance and Financial Institutions-Insurance (“Department”) the documentation required for registration as a Bail Recovery Agent, including the Bail Recovery Agent Fingerprint Submission form.
With the submission of such form, Petitioner attested that he had never been convicted, in any jurisdiction, of theft, or any crime involving carrying or illegal use or possession of a deadly weapon or instrument, or any felony.
On review of the fingerprint and background check, the Department discovered that Petitioner had plead guilty in 2015 under a Plea Agreement, and been convicted of, Burglary in the First Degree, in 2016 in Arizona.
On April 8, 2025, the Department notified Petitioner that his Bail Recovery Agent registration would not be maintained pursuant to Arizona Revised Statutes (Ariz. Rev. Stat.) § 20-340.04 due to the 2016 conviction of Burglary in the First Degree.
Petitioner requested a hearing regarding the denial.
The Department referred the matter to the Arizona Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.
On June 2, 2025, the Department issued a Notice of Hearing (Notice) setting the matter for hearing and indicating that the purpose of the hearing was to determine “whether grounds exist to affirm the [Department’s] denial of Petitioner’s registration as an Arizona bail recovery agent.”
At hearing, Petitioner testified on his own behalf and the Department presented the testimony of Aqueelah Currie, Licensing Supervisor.
Ms. Currie testified that the Department completed a criminal history background check and found that Petitioner had been convicted in Arizona in 2016 of Burglary in the First Degree.
Petitioner openly testified regarding the offense. The offense was in 2014 when he was 21 year old and admittedly being with the wrong people; he indicated that he had been along to be the “look-out” but had not had any weapon. Petitioner acknowledged that he had been incarcerated for 2 years, but also since then had his conviction set aside in 2020 as well as his civil rights and right to possess a firearm restored.
Petitioner argued that in the last 12 years he had not been in any trouble and that the conviction had been overturned. Petitioner requested reconsideration of the denial given his good history since being out of prison. Petitioner noted that his last employment had been in Utah with the defense contractor Boeing until he and his family moved back to Arizona in February 2025.
The Department argued that Ariz. Rev. Stat. § 20-340.04 mandated the registration denial when there is a criminal history of certain offenses and, further, that there are no exceptions that can be granted.
CONCLUSIONS OF LAW
The Department has jurisdiction over this matter pursuant to Ariz. Rev. Stat. §§ 20-142 and 20-281 et seq. The matter was properly brought before the Office of Administrative Hearings pursuant to Ariz. Rev. Stat. §§ 20-161 and 41-1092 et seq.
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 that of a preponderance of the evidence. A preponderance of the evidence means “‘proof which leads the [trier of fact] to find that the existence of the contested fact is more probable than its nonexistence.’”
Petitioner has the burden of proof to establish by a preponderance of the evidence that he meets the qualifications to be granted registration as a Bail Bond Recovery Agent by the Department.
Ariz. Rev. Stat. § 20-304.04(B) requires a person to submit a full set of fingerprints to the Department before being able to act as a bail recovery agent. The Department is required to submit the fingerprints to the Arizona Department of Public Safety (“DPS”) for DPS to obtain a state and federal criminal records check.
Ariz. Rev. Stat. § 20-304.04(A) prohibits a person from acting as a bail recovery agent if the person has been convicted in any jurisdiction of theft, or any crime involving carrying or illegal use or possession of a deadly weapon or instrument, or any felony.
It is undisputed that Petitioner had previously been convicted in Arizona in 2016 of Burglary in the First Degree. Petitioner’s accomplishments, including not having been involved in any trouble since coming from prison, are acknowledged. However, Petitioner failed to meet the burden of proving by a preponderance of the evidence that he is statutorily qualified for Bail Recovery Agent registration or that the Department’s denial of the registration should be reversed.
RECOMMENDED ORDER
IT IS RECOMMENDED that the Department’s April 8, 2025 denial of Mr. Silveira’s Bail Recovery Agent registration be affirmed and Mr. Silveira’s appeal be denied.
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 the date of that certification.
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-137160-45720000 -54864001
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-137160-45720000Done this day, August 8, 2025.
/s/ Kay A. Abramsohn
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Maria Ailor, Interim Director
Department of Insurance and Financial Institutions - Insurance
Raya Gardner
Assistant Attorney General
Office of the Attorney General
[email redacted]
Joseph Silveira
[email redacted]
By: OAH Staff