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OAH 8-1004-21524-2 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF COMMERCE
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In the Matter of the Insurance Producer’s License of Bradley Rief License No. 6984706 |
FINDINGS
OF FACT, CONCLUSIONS
AND RECOMMENDATION |
This matter came on for a Pre-Hearing
Conference before Administrative Law Judge Eric L. Lipman October 14, 2010, at
the
Michael J. Tostengard, Assistant Attorney General, appeared on behalf of the Minnesota Department of Commerce (Department). There was no appearance by, or on behalf of, Bradley Rief (Respondent). At the conclusion of the Pre-Hearing Conference, the hearing record closed.
STATEMENT OF THE
ISSUES
Whether the Respondent forged an insured’s name to insurance documents in violation of Minn. Stat. § 60K.43, subd. 1(2), (7), (8) and (10) (2008)?
Whether the Respondent failed to appear at the Department as ordered in violation of Minn. Stat. § 45.027, subd. 1a and 2 (2008)?
Based upon the evidence
in the hearing record, the Administrative Law Judge makes the following:
FINDINGS OF FACT
1. On September 8, 2010, a Notice of and Order for Hearing, Order for Prehearing Conference, Order to Show Cause, and Statement of Charges (Notice of and Order for Hearing) in this matter was mailed to the Respondent at the following address: 120 Hunters Glen Road, Wayzata, MN 55391.[1] The Notice of and Order for Hearing indicated that a Prehearing Conference would be held in this matter on October 14, 2010.[2]
2. The Notice and Order for Hearing in this matter includes the following statements:
Respondent’s failure to appear at the prehearing conference may result in a finding that Respondent is in default, that the Department’s allegations contained in the Statement of Charges may be accepted as true, and that its proposed disciplinary action may be upheld.
….
Pursuant to Minn. Stat. § 45.027, subd. 6 (2008), Respondent may be subject to a civil penalty not to exceed $10,000 per violation upon a final determination that Respondent violated any law, rule or order.[3]
3. No one appeared at the October 14, 2010 conference on behalf of Bradley Rief. No prehearing request was made for a continuance, nor was any communication received by the undersigned from Bradley Rief.
4. The Statement of Charges alleges that:
(a) Respondent Bradley Rief is currently licensed as an insurance producer by the Department, License No. 6984706.
(b)
In February 2010, the Department received a
complaint from
(c) On March 31, 2010, the Department sent an Order to Appear for questioning to the Respondent, calling on him to appear on April 27, 2010. He failed to appear, and the Department has since been unable to locate him.
(d) This Order is in the public interest.
5. The allegations contained in the Statement of Charges are deemed proven and are incorporated into these Findings by reference.
Based upon these Findings of Fact, the Administrative Law Judge makes the following:
CONCLUSIONS
1. The Administrative Law Judge and the Commissioner of Commerce have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.50, 45.027 and 60K.43, subd. 2.
2.
Respondent
received notice of the charges against him and of the time and place of the evidentiary
hearing. This matter is, therefore,
properly before the Commissioner and the Administrative Law Judge.
3.
Respondent
is in default as a result of his failure, without the Administrative Law Judge’s
prior consent, to appear at the scheduled Pre-Hearing Conference.
4.
Pursuant
to Minn. R. 1400.6000, a contested case may be decided adversely to a party who
defaults. Upon default, the allegations
and claims set forth in the Statement of Charges may be taken as true or deemed
proved without further evidence.
5. Based upon the facts set forth in the statement of charges, Respondent violated Minn. Stat. § 60K.43, subd. 1 (2), (7), (8), and (10) by forging an insured’s name to insurance documents.
6. Based upon the facts set forth in the statement of charges, Respondent violated Minn. Stat. § 45.027, subds. 1a and 2 by failing to appear at the Department as ordered.
7.
Minn. Stat. §§ 45.027 and 60K.43 empowers the Commissioner to
take disciplinary action against the Respondent, for his violations of agency
orders, state statute and state rules.
8.
The imposition of a disciplinary action against Respondent
is in the public interest.
Based upon these Conclusions, and for
the reasons explained in the accompanying Memorandum, the Administrative Law
Judge makes the following:
RECOMMENDATION
The
Administrative Law Judge recommends that disciplinary action be taken against the
insurance producer’s license of Bradley Rief.
Dated: October 28, 2010
_/s/
Eric L. Lipman
_
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ERIC
L. LIPMAN Administrative
Law Judge |
Reported: Digital Recording
No transcript prepared
NOTICE
This report is a recommendation, not a
final decision. The Commissioner of the
Minnesota Department of Commerce will make the final decision after a review of
the record. The Commissioner may adopt,
reject or modify the Findings of Fact, Conclusions, and Recommendations. Under Minn. Stat. § 14.61, the final decision
of the Commissioner shall not be made until this Report has been made available
to the parties to the proceeding for at least ten days. An opportunity must be afforded to each party
adversely affected by this Report to file exceptions and present argument to
the Commissioner. Parties should contact
Glenn Wilson, Commissioner, Department of Commerce,
If the Commissioner fails to issue a final decision within 90 days of the close of the record, this report will constitute the final agency decision under Minn. Stat. § 14.62, subd. 2a. The record closes upon the filing of exceptions to the report and the presentation of argument to the Commissioner, or upon the expiration of the deadline for doing so. The Commissioner must notify the parties and the Administrative Law Judge of the date on which the record closes.
Under Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail or as otherwise provided by law.