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This document is a Consent Agreement authorized by Title 10 M.R.S.A. § 8003(5), entered into among Mark Krupkowski, a resident of Massachusetts; the Maine Bureau of Insurance; and the Maine Department of the Attorney General. Its purpose is to resolve, in lieu of an adjudicatory proceeding, issues implicating Title 24-A M.R.S.A. §1417(1) and §1420-K(1)(A).
STATEMENT OF FACTS
1. The Superintendent of Insurance is the official charged with administering and enforcing Maine’s insurance laws and regulations, and the Bureau of Insurance is the administrative agency with such jurisdiction.
2. Mark Krupkowski applied for a Maine Nonresident Producer License in June, 2004.
Failure to disclose administrative matter
3. Item 39 (2) on the “Uniform Application for Individual Insurance Producer License” form as filed in connection with this application required a response to the following question:
4. Mr. Krupkowski answered “Yes” to Item 39 (2), and included information concerning a Massachussets matter which was resolved by consent agreement in 1999.
5. The application included Mr. Krupkowski’s signature dated “06 07 2004” under the statement:
“I hereby certify that, under penalty of perjury, all of the information submitted in this application and attachments is true and complete. I am aware that submitting false information or omitting pertinent or material information in connection with this application is grounds for license revocation or denial of the license and may subject me to civil or criminal penalties.”
6. Staff of the Maine Bureau of Insurance discovered, through its routine application review process, that the applicant had also been the subject of a consent order dated February 3, 2003 in the State of Florida relating to nondisclosure of the Massachusetts matter in his Florida license application, and resulting in a penalty of $750.00 and a period of license probation.
7. The Supervisor of Licensing for the Maine Bureau of Insurance requested, by letter dated July 19, 2004, an explanation for Mr. Krupkowski’s failure to disclose the Florida consent order.
8. Mr. Krupkowski’s written reply, dated July 26, 2004, included relevant documentation and stated:
CONCLUSIONS OF LAW
9. The application form’s disclosure questions specifically require disclosure of insurance administrative matters. Mr. Krupkowski provided incorrect, misleading, incomplete or materially untrue information in his Maine application for nonresident producer licensing by failing to disclose the Florida consent order, fine and license probation when he applied, certified by his signature that the information was true and complete, and has not provided an adequate legal explanation for this failure to provide accurate information. The Florida consent order was due to the nondisclosure of the Massachusetts matter, but was not the same matter.
10. The provision of incorrect, misleading, incomplete or materially untrue information in the license application constitutes grounds for denial of the license application or other appropriate action, including the imposition of a civil penalty, under 24-A M.R.S.A. §1420-K(1)(A).
11. Mark Krupkowski, the Maine Bureau of Insurance, and the Maine Department of the Attorney General agree to the following.
12. This Consent Agreement is entered into in accordance with 10 M.R.S.A. § 8003(5)(B) and is not subject to review or appeal. This Consent Agreement is enforceable by an action in the Superior Court.
13. At the time of executing this Consent Agreement, Mr. Krupkowski will remit to the Maine Bureau of Insurance a civil penalty in the amount of $100.00, payable to the Treasurer of the State of Maine.
14. Mr. Krupkowski will promptly report any matters to the Maine Bureau of Insurance during all times as he is licensed through the Bureau, to the extent such reporting is required under the Maine Insurance Code, and will comply in all other respects with the provisions of the Maine Insurance Code, as applicable.
15. In consideration of the applicant’s execution of this Consent Agreement, the State of Maine Bureau of Insurance shall issue the Nonresident Producer License for which he has applied.
16. Mr. Krupkowski understands and acknowledges that this Agreement will constitute a public record within the meaning of 1 MRSA § 402, and will be available for public inspection and copying as provided for by 1 MRSA § 408, and will be reported to the NAIC “RIRS” database.
17. In consideration of the applicant’s execution of and compliance with the terms of this Consent Agreement, the Superintendent of Insurance, Bureau of Insurance, and Department of the Attorney General agree to forgo pursuing further disciplinary measures or other civil or administrative sanction for the actions described in this Consent Agreement, other than those agreed to herein. However, should Mr. Krupkowski violate this Consent Agreement, he may be subject to any available legal remedy for the violation, including without limitation the suspension or revocation of all licenses issued to the applicant under the Maine Insurance Code.
18. Nothing in this Agreement shall affect the rights or interests of any person who is not a party to this Agreement.
THE MAINE BUREAU OF INSURANCE
FOR THE DEPARTMENT OF THE ATTORNEY GENERAL
Last Updated: October 22, 2013
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