1-1004-9944-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE MINNESOTA DEPARTMENT OF COMMERCE

In the Matter of the Insurance Agent License of Carol B. McGaughey, License No. 0738767

FINDINGS OF FACT,

CONCLUSIONS AND

RECOMMENDATION

The above-entitled matter came on for a prehearing conference before Administrative Law Judge George A. Beck on Tuesday, September 12, 1995, at 1:30 p.m. at the Office of Administrative Hearings, 100 Washington Avenue South, Suite 1700, in the city of Minneapolis, Minnesota. The record closed on the date of the prehearing conference.

Philip H. M. Grove, Assistant Attorney General, 1200 NCL Tower, 445 Minnesota Street, St. Paul, Minnesota 55101-2130, appeared on behalf of the Department of Commerce. There was no appearance by or on behalf of Carol B. McGaughey, the Licensee.

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 which may adopt, reject or modify the Findings of Fact, Conclusions and Recommendations contained herein. Pursuant to 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 Jim Ulland, Commissioner, Minnesota Department of Commerce, 133 E. 7th Street, St. Paul, Minnesota 55101, telephone (612) 297-3238, to ascertain the procedure for filing exceptions or presenting argument.

STATEMENT OF ISSUE

1. The Notice of and Order for Prehearing Conference and Order to Show Cause in this matter was served by certified mail on the Licensee on August 8, 1995, by mailing it to Pioneer Post, P.O. Box 1977, St. Paul, Minnesota 55101.

2. The Licensee signed a receipt for the certified mail indicating her receipt of the Notice of and Order for Prehearing Conference and Order to Show Cause on August 28, 1995.

3. The Licensee failed to file a Notice of Appearance in this matter and failed to appear at the prehearing conference on September 12, 1995, and is therefore in default in this proceeding.

4. Under Minn. Rules pt. 1400.6000, allegations contained in the Notice of and Order for Prehearing Conference and Order to Show Cause are hereby taken as true and incorporated into these Findings of Fact.

Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following:

CONCLUSIONS

1. The Commissioner of Commerce and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.50, 45.027, and Minn. Stat. Chapters 60A and 60K.

2. The Department of Commerce gave proper notice of the hearing in this matter and has fulfilled all relevant substantive and procedural requirements of law or rule.

3. The conduct described in the Notice of and Order for Prehearing Conference and Order to Show Cause constitutes violations of Minn. Stat. §§ 60K.14, subd. 4, and 72A.20, subd. 18(b).

4. Due to the violations described above, grounds exist for discipline or a civil penalty under Minn. Stat. §§ 45.027, subds. 6 and 7, and 60K.11.

Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:

RECOMMENDATION

IT IS HEREBY RECOMMENDED: that disciplinary action be taken against the Insurance Agent License of Carol B. McGaughey, License No. 0738767 and that civil penalties be imposed as appropriate.

Dated this 14th day of September, 1995

/s/

GEORGE A. BECK

Administrative Law Judge

NOTICE

Pursuant to Minn. Stat. § 14.62, subd. 1, the agency is required to served its final decision upon each party and the Administrative Law Judge by first class mail.

Reported: Default