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. |
