ALJDEC

97A-208-INS · Department of Insurance · 1998-01-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 22, 1997

APPEARANCES: Petitioner did not appear at the hearing; Kurt Regner for the Arizona Department of Insurance

ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ PROCEDURAL BACKGROUND On November 25, 1997, the Arizona Department of Insurance (“Department”) issued a Notice of Hearing setting a hearing date of December 16, 1997. On December 1, 1997, Petitioner filed a request to have the hearing continued with no objection by the Department. The Administrative Law Judge issued an Order continuing the hearing to 9:00 a.m. on December 22, 1997. On December 3, 1997, Petitioner filed a request to appear telephonically with no objection raised by the Department. On December 9, 1997, an Order was issued granting the telephonic appearance of the Petitioner with Petitioner to arrange for and bear the expense of the telephonic appearance. The hearing convened at 9:00 a.m. on December 22, 1997, with no appearance by the Petitioner. The Administrative Law Judge waited until 9:30 a.m and reconvened the hearing at that time, with no appearance by the Petitioner. Although Petitioner filed documents it intended to offer in to evidence at the hearing, there being no appearance by the Petitioner, no exhibits were offered in to evidence on behalf of the Petitioner. FINDINGS OF FACT 1. Petitioner did not appear at the hearing and failed to present any evidence at the hearing in support of its petition to withdraw from the insurance business in Arizona for the release of its statutory deposit and refund of its $100.00 deposit with the Insurance Examiners’ Revolving Fund(“IERF”). CONCLUSIONS OF LAW The Petitioner, by the above-mentioned default in appearance at the hearing, failed to sustain its requisite burden of proof is support of the above-mentioned petition, and, consequently, the record does not support a finding that Petitioner should be permitted to withdraw for the business of insurance in the State of Arizona and does not support a determination that Petitioner is entitled to the release of its statutory deposit or a refund of the $100.00 deposit made to the IERF. RECOMMENDED ORDER Based on the above, the Administrative Law Judge recommends that Petitioner’s petition to withdraw from the insurance business in the State of Arizona, for the release of its statutory deposit and refund of the $100.00 deposit made to the IERF be denied. Done this day, January 2, 1998.

______________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1998, to:

Mr. John A. Greene, Director Department of Insurance 2910 North 44th Street, #210 ATTN: Curvey Burton Phoenix, AZ 85018-7256

By ___________________________ -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826