This proceeding arose upon a request for hearing made by Maygen McCarty (the “Insured”) to contest the pending cancellation of automobile insurance coverage provided by State Farm Mutual Automobile Insurance Company (the “Company.”) On June 14, 2004, the Company mailed a notice of cancellation effective July 12, 2004, on policy number L04 5774-K18-15H citing: “Driving record of Maygen McCarty: 3-30-04 to 6-28-04 license suspension-operating with blood alcohol content .08% or more: 5-8-03 speeding 89 miles per hour in a 65 miles per hour zone” as the grounds for cancellation. Pursuant to Title 24-A M.R.S.A. § 2920, the Insured's hearing request was made within the statutory time period.
A hearing in this matter was held on August 4, 2004, pursuant to 24-A M.R.S.A. § 2920 with Connie Mayette sitting as designated hearing officer. See 24-A M.R.S.A. § 210. The purpose of the hearing was limited to establishing the existence of proof or evidence given by the Company to support its reason for policy cancellation. Glenn Oliphant, Auto Underwriting Supervisor, submitted a sworn statement on the Company’s behalf in lieu of appearance at the hearing. The Insured did not appear at the hearing, nor did she submit a statement in lieu of appearance.
FINDINGS OF FACT
The following facts have been proven by a preponderance of evidence submitted:

1. The Company has insured an automobile for the Insured since May 18, 1998. The current policy term is May 18, 2004 to November 18, 2004.
2. The Insured’s drivers’ license was suspended on March 30, 2004, for operating with a blood alcohol content of .08% or more.

ANALYSIS AND CONCLUSION OF LAW
Title 24-A, M.R.S.A. § 2914 (4) permits cancellation if "the named insured or any operator who either resides in the same household or customarily operates an automobile insured under the policy has a driver's license suspended, other than a first or 2nd suspension under Title 29-A, section 2471, subsection 2 or section 2472, subsection 2, or a suspension under Title 28-A, section 2052, or revoked during the policy term or, if the policy is a renewal, during its term or the 180 days immediately preceding its effective date."
Mr. Oliphant stated in his affidavit that the Insured’s driver’s license was suspended on March 30, 2004 for operating with blood alcohol content .08% or more. He submitted a copy of her motor vehicle record. He testified that she is the Named Insured and listed as principal operator. He further stated that the suspension occurred within the 180 days prior to the current renewal term.
The Superintendent of Insurance has jurisdiction over this matter pursuant to Title 24-A M.R.S.A. § 2920. The Company bears the burden of proof for establishing that the statutory grounds for policy cancellation exist. Based on the evidence presented at the hearing, the Superintendent hereby concludes that the Company has established adequate grounds for policy cancellation.
The suspension incurred by the Insured is not one of the statutory exceptions listed in 24-A M.R.S.A. § 2914(4), which pertain to the first or second suspension of a provisional license, or a suspension for illegal transportation of liquor. In addition, the suspension occurred less than 180 days before the policy’s May 18, 2004, renewal. Therefore, the statutory requirements of § 2914(4) permitting cancellation of an automobile policy for the suspension of an insured’s driver’s license have been met.
INDEX OF RECORD:
Company Exhibit 1 – Affidavit of Glenn Oliphant
Company Exhibit 2 – Post Office Certificate of Mailing
Company Exhibit 3 – Motor Vehicle Record of Maygen McCarty
Company Exhibit 4 – Policy Master Record
Company Exhibit 5 – Copy of Policy
Insured Exhibit 1 – Hearing Request
Insured Exhibit 2 – Notice of Cancellation
ORDER AND NOTICE OF APPEAL RIGHTS
The intended cancellation is hereby approved. State Farm Mutual Automobile Insurance Company is directed to continue coverage until 12:01 a.m. on October 1, 2004, unless a subsequent valid notice of cancellation has been effected in accordance with applicable law. If a subsequent cancellation has taken effect, the policy terminates on the date stated in the subsequent cancellation notice.
This Decision and Order is a final agency action within the meaning of the Maine Administrative Procedure Act. It is appealable to the Superior Court in the manner provided in Title 24-A M.R.S.A. § 236 and M.R. Civ. P. 80C. Any party to the hearing may initiate an appeal within 30 days after receipt of this notice. Any aggrieved nonparty whose interests are substantially and directly affected may initiate an appeal within 40 days of the date of this Decision and Order. There is no automatic stay pending appeal; application for stay may be made in the manner provided in 5 M.R.S.A. § 11004.

Dated September 16, 2004                                          Alessandro A. Iuppa
                                                                                    Superintendent of Insurance
                                                                                    ____________________________________
                                                                                    by Connie Mayette
                                                                                    Designated Hearing Officer
Last Updated: September 21, 2004