South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOI vs. Thomas A. Cuttino

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
South Carolina Department of Insurance

Respondents:
Thomas A. Cuttino
 
DOCKET NUMBER:
97-ALJ-09-0594-CC

APPEARANCES:
n/a
 

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


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