5-1005-10348-2

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE MINNESOTA DEPARTMENT OF COMMERCE

 

In the Matter of the Securities Agent License and Insurance Agent License of Stephen K. Opoku

FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION

            The above-entitled matter came on for hearing before Administrative Law Judge Howard L. Kaibel, Jr., of the State Office of Administrative Hearings, at 9:30 a.m. on March 15, 1996 in Minneapolis, Minnesota.  The record closed on March 15, 1996.

Prentiss Cox, Assistant Attorney General, Suite 1200, 445 Minnesota Street, St. Paul,  MN  55101, appeared on behalf of the Complainant, the Minnesota Department of Commerce.  There was no appearance by or on the behalf of the Respondent.

NOTICE

            This Report is a recommendation, not a final decision.  The Commissioner 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 David B. Gruenes, Commissioner, Minnesota Department of Commerce, 133 East Seventh Street, St. Paul, MN  55101, to ascertain the procedure for filing exceptions or presenting argument.

STATEMENT OF ISSUE

Should administrative action be taken against the Securities and/or Insurance Agent license of Stephen K. Opoku because of conduct alleged in the Notice of and Order for Hearing?

Based upon all of the proceedings herein, the Administrative Law Judge makes the following:

            FINDINGS OF FACT

1.     The Notice of and Order for Hearing was served upon the Respondent by certified mail on January 5, 1996.

2.     The Notice of Hearing contained the following:

If Respondent fails to attend or otherwise appear at the hearing in this matter after having been served with a copy of this Order, the allegations herein may be deemed true without further proof.  Respondent shall be deemed in default and Respondent's securities agent and/or insurance agent licenses may be revoked or suspended, Respondent may be censured and/or a civil penalty may be imposed upon Respondent without further proceedings.

3.     The allegations contained in the Notice of and Order for Hearing are hereby incorporated herein by reference as facts.

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

CONCLUSIONS

1.     That the Notice of and Order for Hearing is in all respect proper with regard to form, content, execution and filing.

2.     That the Department of Commerce has fulfilled all other relevant substantive and procedural requirements of law and rule.

3.     That the Department duly acquired and now has jurisdiction over this proceeding.

4.     That Respondent, having made no appearance at the hearing and not requesting any continuance or other relief, is in default.

5.     That pursuant to Minn. Rules, pt. 1400.6000, the allegations contained in the Notice of Hearing are hereby taken as true.

6.     That Respondent has violated Minn. Stat. §§ 60K.11 and Minn. Rule 2875.0910.

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

RECOMMENDATION

IT IS HEREBY RECOMMENDED: That the Commissioner of Commerce take disciplinary action against Stephen K. Opoku.

Dated this 15th day  of March, 1996

 

                                                                             

/s/

HOWARD L. KAIBEL, JR.

Administrative Law Judge

Reported: Default

 

 

NOTICE

Pursuant to 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.

HLK