This document is a Consent Agreement authorized by Title 10 M.R.S. § 8003(5), entered into among Eilleen M. Pope, a resident of Iowa; the Superintendent of the Maine Bureau of Insurance; and the Maine Office of the Attorney General. Its purpose is to resolve, in lieu of an adjudicatory proceeding, violations of the Insurance Code for which the Superintendent may impose discipline pursuant to Title 24-A M.R.S. §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. The Superintendent has jurisdiction over this matter pursuant to the Insurance Code generally, Title 24-A Maine Revised Statutes, in particular, 24-A M.R.S. §§ 12-A, 211, and 229, as well as other provisions.
2. Eilleen M. Pope has been licensed in Maine as a nonresident insurance producer with Life and Health authority since April 13, 2007, and Property and Casualty authority since October 25, 2012. Her Maine Producer Number is PRN 138693. Her National Producer Number is 6887836.
3. When Ms. Pope originally applied for a Maine Nonresident Producer License in 2007, she answered “No” to the following background question on the electronic application form: “Have you ever been convicted of, or are you currently charged with, committing a crime, whether or not adjudication was withheld?”
4. The application included Ms. Pope’s “Certification and Attestation” with 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.”
5. Staff of the Maine Bureau of Insurance approved Ms. Pope’s application and issued the producer license.
6. When Ms. Pope applied for a Maine Nonresident Producer License in 2012 in order to add Property and Casualty authority, she answered “Yes” to the following background question on the electronic application form: “Have you ever been convicted of a crime, had a judgment withheld or deferred, or are you currently charged with committing a crime?”
7. In connection with the above item on the 2012 application, Ms. Pope disclosed a 1995 misdemeanor conviction in Iowa relating to a bad check, for which she paid restitution and a $250.00 fine.
8. In response to Bureau Staff inquiries regarding why she did not disclose the matter in her 2007 application, Ms. Pope alluded to receiving incorrect advise from her licensing supervisor at the time, but acknowledged that she had answered it incorrectly in error.
CONCLUSIONS OF LAW
9. The application form’s disclosure questions specifically ask whether the applicant has “ever been convicted of a crime.”
10. Ms. Pope obtained her license in 2007 based in part upon incorrect, misleading, incomplete or materially untrue information in her Maine application for nonresident producer licensing, by failing to disclose the misdemeanor conviction when she applied, and certifying that the information was true and complete.
11. The provision of incorrect, misleading, incomplete or materially untrue information in a license application constitutes grounds for denial of the license application, revocation of the license, or other appropriate action, including the imposition of a civil penalty, under 24-A M.R.S. §1420-K(1)(A).
12. Eilleen M. Pope, the Maine Superintendent of Insurance, and the Maine Office of the Attorney General agree to the following.
13. This Consent Agreement is entered into in accordance with 10 M.R.S. § 8003(5)(B). This Consent Agreement is enforceable by an action in the Superior Court.
14. This Consent Agreement is not subject to appeal. Ms. Pope waives any further hearings or appeals regarding the matters that are the subject of this Consent Agreement.
15. At the time of executing this Consent Agreement, Ms. Pope will remit to the Maine Bureau of Insurance a civil penalty in the amount of $500.00, payable to the Treasurer of the State of Maine.
16. Ms. Pope will promptly report any matters to the Maine Bureau of Insurance during all times as she 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.
17. Ms. Pope understands and acknowledges that this Agreement will constitute a public record within the meaning of 1 M.R.S. § 402, and will be available for public inspection and copying as provided for by 1 M.R.S. § 408, and will be reported to the NAIC “RIRS” database.
18. In consideration of the licensee's execution of and compliance with the terms of this Consent Agreement, the Superintendent of Insurance, the Bureau of Insurance, and Office of the Attorney General agree to forgo pursuing further disciplinary measures or other civil or administrative sanctions available under the Maine Insurance Code for the specific conduct described in this Consent Agreement, other than those agreed to herein. However, should Ms. Pope violate this Consent Agreement, she may be subject to any available legal remedy for the violation, including without limitation the suspension or revocation of all licenses issued under the Maine Insurance Code.
19. Nothing in this Agreement shall affect the rights or interests of any person who is not a party to this Agreement.
|| Eilleen M. Pope
THE MAINE Superintendent OF INSURANCE
|Dated: _______________, _____
||Eric A. Cioppa, Superintendent
FOR THE OFFICE OF THE ATTORNEY GENERAL
||Assistant Attorney General