South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOI vs. Wayne M. Tumbleston

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
South Carolina Department of Insurance

Respondents:
Wayne M. Tumbleston
 
DOCKET NUMBER:
98-ALJ-09-0515-CC

APPEARANCES:
T. Douglas Concannon, Esquire for Petitioner

J. Charles Ormond, Jr., Esquire for Respondent
 

ORDERS:

ORDER OF DISMISSAL

This matter is before the South Carolina Administrative Law Judge Division ("Division") pursuant to a request for a contested case hearing made regarding the South Carolina Department of Insurance's ("Petitioner") revocation of Wayne M. Tumbleston's ("Respondent") resident insurance agent's license. Petitioner revoked Respondent's resident insurance license, alleging that Respondent presented an application for insurance to an insurer and a cash surrender form knowing that someone other than the insured had signed them in violation of S.C. Code Ann. § 38-43-130 (Supp. 1997). After notice to the parties, a hearing was scheduled for January 5, 1999. Prior to the scheduled hearing, counsel for Petitioner notified the Division of a settlement agreement reached by the parties. The parties appeared at the Division as scheduled, and outlined the terms of said agreement. Upon review of the terms of the proposed agreement, I conclude that the agreement should be approved. The terms are as follows:

(a) Respondent admits to violation of S.C. Code Ann. § 38-43-130 (Supp. 1997), as alleged.

(b) Respondent is assessed a fine of $1,000, payable to South Carolina Department of Insurance within thirty (30) days of the date of this Order.

(c) Respondent shall attend six (6) classroom hours in life, accident and health insurance continuing insurance education courses within ninety (90) days of the date of this Order. This requirement shall be fulfilled in addition to the minimum requirements by law for licensure in South Carolina.



(d) The Respondent shall execute a separate Consent Order containing the agreement set forth above for the Department of Insurance. A copy of which is attached hereto. The only amendment to the Consent Order to be executed by Respondent is the payment of the fine within thirty (30) days, instead of ten (10) days.

(e) Provided all the above terms are met by Respondent, Petitioner agrees not to revoke Respondent's resident insurance agent's license.



IT IS THEREFORE ORDERED that the above-outlined agreement is approved, and this case is hereby dismissed.

AND IT IS SO ORDERED.






ALISON RENEE LEE

Administrative Law Judge





January 6, 1999

Columbia, South Carolina.


Brown Bldg.

 

 

 

 

 

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