ORDERS:
CONSENT ORDER
This is a contested case initiated by the Department of Insurance ("Department") following
notice to the Department that Respondent, a South Carolina resident licensed insurance agent, had been
convicted of nine counts of forgery on September 4, 1997, in the Sumter County Court of General
Sessions. A conviction of forgery constitutes a ground for administrative sanctions against an insurance
agent's license pursuant to S.C. Code Ann. § 38-43-130 (Supp. 1997). Forgery is a crime involving
moral turpitude. The Department notified Respondent of its intent to revoke Respondent's license.
Respondent appealed the revocation of his insurance agent's license and requested a hearing before the
Administrative Law Judge Division.
A hearing was held before Chief Judge Marvin Kittrell on December 18, 1997. The Department
requested that Respondent's insurance agent's license be revoked. Judge Kittrell's Order of March
30,1998, suspended Respondent's insurance agent's license retroactively from September 4, 1997, until
March 4, 1998, and imposed a fine in the amount of Two Thousand Five Hundred & no/100 ($2,500)
Dollars to be paid within thirty (30) days.
On May 6, 1998, the Department filed a Notice of Motion and Motion requesting that Judge
Kittrell hold Respondent in contempt and summarily revoke Respondent's resident insurance agent's
license for failure to pay the administrative fine within thirty days. Respondent then filed a return
regarding the failure to remit the fine because of financial limitations.
Following a conference call on May 19, 1998, between Judge Kittrell and the parties involved,
an agreement resolving the contempt matter was reached. That agreement is incorporated into this
Order. The agreement between the parties is as follows:
1. Respondent agrees to pay the administrative fine of Two Thousand Five Hundred and
no/100 ($2,500) Dollars to the South Carolina Department of Insurance in twelve (12) monthly
installments beginning June 15, 1998. Payments of $210.00 per month will be paid to the South
Carolina Department of Insurance on or before the 15th day of each month for eleven months. The
twelfth and final payment will be $190.00 and shall be made on or before May 15, 1999, for a total of
$2,500. Should Respondent fail to pay subject to the terms and conditions set forth herein, the
Petitioner shall be entitled to pursue all appropriate legal actions, including, but not limited, to the
contempt proceeding as initially instigated.
2. The Department agrees to withdraw its Notice of Motion and Motion that was filed with
the Administrative Law Judge Division on May 6, 1998.
I find the above settlement to be fair and equitable, approve such settlement and hereby ORDER
its adoption. This court retains continuing jurisdiction to enforce this Order. As the parties no longer
require a hearing on this matter, I also ORDER this matter dismissed with prejudice.
IT IS SO ORDERED.
Honorable Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
June 4, 1998
WE SO CONSENT:
Adelaide D. Kline
Attorney for Petitioner
Columbia, South Carolina
June 1, 1998
Marvin E. McMillan, Jr.
Attorney for Respondents
Sumter, South Carolina
May 28, 1998
Thomas A. Cuttino
Respondents
Sumter, South Carolina
May 28, 1998 |