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STATE OF MAINE
INTRODUCTION AND STATUTORY BACKGROUND
1) This matter is before the Superintendent of Insurance, after notice and opportunity for hearing, pursuant to a Petition filed by the Staff of the Maine Bureau of Insurance, dated August 14, 2007, to DENY the pending application for nonresident insurance producer license filed by Timothy W. Newkirk.
2) The Maine Insurance Code regulates persons who offer or sell insurance products in the State of Maine. The Superintendent of Insurance has jurisdiction over this matter pursuant to the Insurance Code generally, Title 24-A Maine Revised Statutes Annotated, and in particular, 24-A M.R.S.A. §§211, 220, 1417, and 1420-K.
FINDINGS OF FACT
3) Timothy W. Newkirk is an applicant for licensing in Maine as a nonresident insurance producer. His National Producer Registry Number is 7438464.
4) Mr. Newkirk’s business address of record is:
5) The Bureau of Insurance received Mr. Newkirk’s electronic application for producer licensing with Health authority in January 2007 and his similar resubmitted application in March 2007.
Criminal disclosure question on application form
6) Item 1 of the background questions on the application form electronically filed in both January and March required a response to the following question:
7) Mr. Newkirk answered “Yes” to Item (1), but no additional information was provided at the time of the application.
Administrative action disclosure question on application form
8) Item 2 of the background questions on the application form electronically filed in both January and March required a response to the following question:
9) Mr. Newkirk answered “No” to Item (2).
10) The application included Mr. Newkirk’s “Certification and Attestation” under the statement:
Application review process
11) The electronic licensing system deferred the routine processing of this application with a notice that background documentation was required due to the affirmative answer to the criminal disclosure item.
12) By letter to Mr. Newkirk dated May 29, 2007 the Supervisor of Licensing for the Maine Bureau of Insurance noted that the Bureau had not yet received the necessary supplemental information relating to the affirmative answer to the application’s criminal disclosure question.
13) Mr. Newkirk’s reply, received by facsimile on June 22, 2007, provided explanatory information and copies of documents concerning Mr. Newkirk’s Wisconsin misdemeanor convictions in 2002 of “Credit Card – False Statements,” in violation of Wis. Stat. § 943.41(2), and “Theft – Movable Property,” in violation of Wis. Stat. § 943.20(1)(a).
14) Mr. Newkirk’s reply also referred to “possible administrative actions” generally, as follows:
15) The records contained in the NAIC “Producer Database,” which is an official source of licensing information regarding insurance producers, indicate the following administrative actions against Mr. Newkirk’s license:
16) The Bureau provided notice by U.S. Mail to Mr. Newkirk of the Petition to deny the application, and provided opportunity for hearing, directed to Mr. Newkirk’s address of record on August 14, 2007, in accordance with the requirements of 24-A M.R.S.A. §213.
17) Mr. Newkirk has not requested a hearing on this matter, and the time period for the filing of any such request has expired.
CONCLUSIONS OF LAW
18) Under 24-A M.R.S.A. §1417 and §1420-K(1)(F), the Superintendent may, after notice and opportunity for hearing, refuse to issue a producer’s license based upon a conviction in court of any offense under Title 5 M.R.S.A. §5301, which includes among the convictions for which such actions are authorized: “Convictions for which incarceration for less than one year may be imposed and which involve dishonesty or false statement.”
19) Mr. Newkirk’s convictions of “Credit Card – False Statements” and “Theft – Movable Property” constitute convictions for which incarceration for less than one year may be imposed and which involve dishonesty or false statement, and the convictions occurred within the time limits established under 5 M.R.S.A. §5303.
20) Mr. Newkirk’s convictions establish statutory grounds for refusing to issue the producer license applied for, under 24-A M.R.S.A. §1417 and §1420-K(1)(F).
LICENSE ACTIONS IN OTHER STATES
21) The Superintendent may, after notice and opportunity for hearing, revoke a producer’s license under 24-A M.R.S.A. §1420-K(1)(I), based upon “having an insurance producer license, or its equivalent, denied, suspended or revoked in any other state, province, district or territory.”
22) As indicated in Paragraph 15 above, Mr. Newkirk’s insurance producer license has been revoked in the States of Iowa, New York and Virginia, each of which actions establish statutory grounds for refusing to issue the producer license applied for, under 24-A M.R.S.A. §1417 and §1420-K(1)(I).
ORDER DENYING LICENSE APPLICATION
The Superintendent of Insurance, after notice and opportunity for hearing, hereby DENIES the pending insurance producer license application of Timothy W. Newkirk, based upon the grounds specifically stated in the above Findings of Fact and Conclusions of Law, in accordance with 24-A M.R.S.A. §1417, §1420-K(1)(A), and 1420-K(1)(C).
The effective date of this Order is October 11, 2007.
NOTICE OF APPEAL RIGHTS
This Decision and Order is a final agency action of the Superintendent of Insurance within the meaning of the Maine Administrative Procedures Act. It is appealable to the Superior Court in the manner provided in 24-A M.R.S.A. §236, 5 M.R.S.A. §11001, et seq., and M.R.Civ.P. 80C. Any party to the proceeding may initiate an appeal within thirty (30) days after receiving this notice. Any aggrieved non-party whose interests are substantially and directly affected by the Decision and Order may initiate an appeal within forty (40) days of the issuance 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.
PER ORDER OF THE SUPERINTENDENT OF INSURANCE
Last Updated: August 22, 2012
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