Certification

26C-014-INS · Department of Insurance and Financial Institutions - Insurance · 2026-06-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

Marlee Penka-Shack,

Petitioner/Insured Member,

vs.

Banner Health and Aetna Health Plan, Inc.,

Real Party in Interest.

No. 26C-014-INS

CERTIFICATION OF

ADMINISTRATIVE LAW

JUDGE DECISION

I have reviewed the records of the Office of Administrative Hearings and as co-custodian of such records have determined:

The Office of Administrative Hearings transmitted the Administrative Law Judge Decision in the above-entitled matter to the Department of Insurance and Financial Institutions - Insurance by electronic filing.

The Department of Insurance and Financial Institutions - Insurance was required to accept, reject, or modify the Administrative Law Judge Decision within the statutory deadline as calculated pursuant to A.R.S. § 41-1092.08 and A.R.S. § 1-243, as evidenced by receipt of such action by the Office of Administrative Hearings.

No action by the Department of Insurance and Financial Institutions - Insurance was received by the Office of Administrative Hearings as of June 9, 2026, more than five days beyond the statutory deadline.

Therefore, pursuant to A.R.S. § 41-1092.08(D), the attached Administrative Law Judge Decision is certified as the final administrative decision of the Department of Insurance and Financial Institutions - Insurance.

NOTICE

Rights for Rehearing or judicial review will be lost without action taken in a timely manner. A Party has the right to request a rehearing from the Department of Insurance and Financial Institutions - Insurance pursuant to A.R.S. § 41-1092.09(A). In addition, the matter may be reviewed by the Superior Court, pursuant to A.R.S. § 41-1092.08(H), although a party may be required to seek a rehearing from the Department of Insurance and Financial Institutions - Insurance before petitioning the Superior Court for such review. See A.R.S. § 41-1092.09(B). Further rights may be lost without action taken in a timely manner. Parties may wish to review these statutes as quickly as possible after receipt of this notice. The relevant statutes may be found at the local library or on the internet at: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp.

Not later than ten days after a complaint for judicial review of an administrative decision is filed with the Superior Court, the party who filed the complaint must file a notice of the action with the Office of Administrative Hearings.

Done this day, June 9, 2026.

/s/ Tammy L. Eigenheer

Director

Copy mailed/e-mailed/faxed to:

Charles Bassett, Interim Director

Department of Insurance and Financial Institutions - Insurance

100 North 15th Avenue, Suite 261

Phoenix, AZ 85007-2630

[email redacted]

[email redacted]

[email redacted]

Marlee Penka-Shack

1400 E Bethany Home Rd. Unit 32

Phoenix, AZ 85014

[email redacted]

Banner Health and Aetna Health Plan, Inc.

2000 River Edge Parkway, Suite 300

Atlanta, GA 30328

[email redacted]

[email redacted]

By: OAH Staff