ALJDEC - Licensing
25A-095-INS · Department of Insurance and Financial Institutions - Insurance · 2025-10-28
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
RUBEN RODRIGUEZ,
(National Producer No. 7833010),
and
A & R INSURANCE LLC,
(National Producer No. 11849485),
Respondents.
No. 25A-095-INS
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: October 8, 2025.
APPEARANCES: Ruben Rodriguez appeared on his own behalf and on behalf of Respondent A & R Insurance, LLC. Assistant Attorney General Zachary Howard appeared for the Department of Insurance and Financial Institutions.
ADMINISTRATIVE LAW JUDGE: Samuel Fox
EXHIBITS ADMITTED INTO EVIDENCE: Department Exhibits 1 through 4.
_____________________________________________________________________
FINDINGS OF FACT
The Arizona Department of Insurance and Financial Institutions (Department) previously brought a license discipline action against Respondents. Following a hearing in that matter, the Administrative Law Judge issued a Recommended Decision, on March 10, 2025, recommending that Respondents be suspended, pay civil penalties of $1,250.00 and pay restitution of $4,672.57. It further recommended that if Respondent had not paid the restitution in full within two months of the effective date, the licenses for both Respondents should be revoked.
Respondent accepted the Recommended Decision, making it the final order.
Respondents made no payments before October 8, 2025.
The Arizona Department of Insurance and Financial Institutions (Department) issued a Notice of Hearing, dated August 12, 2025, setting a hearing in the above-entitled matter for October 8, 2025.
At the Hearing, the Department’s witness, Insurance Analyst/Investigator Rachel Smith testified in support of the Department’s position.
Mr. Rodriguez testified that he made a payment on October 8, 2025.
CONCLUSIONS OF LAW
The Director had jurisdiction over this matter.
The matter was properly brought before the Office of Administrative Hearings pursuant to A.R.S. § 41-1092 et seq.
Pursuant to A.R.S. § 41-1092.07(G)(2), at “a hearing on an agency action to suspend [or] revoke . . . a license or permit, the agency has the burden of persuasion.”
The burden of persuasion is by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”
“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: . . . (2) Violating any provision of this title or any rule, subpoena or order of the director.”
The preponderance of the evidence established that Respondent did not timely pay the restitution. The Recommended Decision’s stated consequences for failure to timely pay restitution was revocation.
The Department satisfied its burden in this matter.
RECOMMENDED ORDER
IT IS RECOMMENDED that Respondents’ National Producer Numbers 7833010 and 11849485 be revoked.
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, October 28, 2025.
/s/ Samuel Fox
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Maria Ailor, Interim Director
Department of Insurance and Financial Institutions - Insurance
Ruben Rodriguez
[email redacted]
Zachary Howard
Office of the Attorney General
[email redacted]
By: OAH Staff