South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOI vs. Barry D. Miller

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
South Carolina Department of Insurance

Respondents:
Barry D. Miller
 
DOCKET NUMBER:
98-ALJ-09-0657-CC

APPEARANCES:
n/a
 

ORDERS:

FINAL ORDER AND DECISION

This matter comes before me pursuant to the revocation by the South Carolina Department of Insurance of Respondent's resident insurance agent's license. A hearing was held before me on this matter on February 16, 1999, at the Administrative Law Judge Division. At that hearing, Petitioner's counsel, T. Douglas Concannon, Esquire, set forth that the parties had entered into a consent order. That attached consent order is accepted as a proper resolution of this case and is incorporated into the record.

IT IS THEREFORE ORDERED that the terms of the consent order are imposed upon the Petitioner and Respondent.

IT IS SO ORDERED.





_________________________________

Ralph King Anderson, III

Administrative Law Judge

February 18, 1999

Columbia, South Carolina

Before the State of South Carolina

Department of Insurance




In the matter of: )

) Consent Order

Barry D. Miller ) Imposing Administrative Penalty

)

Post Office Box 1136 ) Investigation File Number

Pickens, South Carolina 29671. ) 1998230-078-002

)



This matter comes before me pursuant to an agreement entered into between the State of South Carolina Department of Insurance and Barry D. Miller, a licensed South Carolina resident insurance agent.

Miller hereby admits, and I find as fact, that, while licensed to do business as a resident insurance agent within the State of South Carolina for South Carolina Farm Bureau Mutual Insurance Company, he assisted a consumer in improperly obtaining commercial insurance coverage for his vehicles by misstating facts in the insurance application submitted to that insurer. This action is a direct violation of S.C. Code Ann. § 38-43-130 (1) (Supp. 1998) and can ultimately lead to the revocation of Miller's license to transact business within the State of South Carolina following a public hearing at the Administrative Law Judge Division.

Prior to the conclusion of administrative proceedings by the Department against him, Miller and the Department agreed to submit the entire matter to me, along with their specific recommendation, for my summary decision, rather than to proceed toward a formal public hearing. The consensual recommendation was that, in lieu of the Department seeking to revoke his resident insurance agent's license, Miller would waive his right to a public hearing, submit to the Department, via certified check, an administrative fine in the total amount of $1,000, and take six classroom hours of property and casualty continuing insurance education courses beyond that required by law within three months of the effective date of this order.

Section 38-43-130 states, in pertinent part, that the Director of Insurance "may revoke . . . an agent's license . . . when it appears that an agent has violated this title or any regulation promulgated by the Department, or has wilfully deceived or dealt unjustly with the citizens of this State." Subsection (1) of that Section goes on to define "deceived or dealt unjustly to include "misstating the facts in an application for insurance or aiding in the misstatement of the facts."

After a thorough review of the record, carefully considering the recommendation of the parties, and pursuant to my findings of fact, I hereby conclude as a matter of law that Miller violated S.C. Code Ann. § 38-43-130(1) (Supp. 1998). Although I can now revoke his resident insurance agent's license, I hereby invoke the discretionary authority given to me and impose against Miller an administrative fine in the total amount of $1,000. See S.C. Code Ann. §§ 38-43-130 and 38-2-10 (Supp. 1998). That fine must be paid within ten days of the date of my signature below. Further, in light of the allegation made against him, I hereby require Miller to undergo six classroom hours of property and casualty continuing insurance education courses beyond the statutory requirement of S.C. Code Ann. § 38-43-106 (Supp. 1998) and to provide to the Department the original certificates of attendance proving his completion of this requirement within three months from the date of this order. These hours may not be fulfilled via correspondence courses and will not be eligible for the carry-over pursuant to S.C. Code Ann. § 38-43-106 (Supp. 1998). If that total fine amount is not timely paid, or if Miller does not provide the required proof of his timely having taken the additional continuing insurance education courses, Miller's resident insurance agent's license will be revoked without any further disciplinary proceedings.

This administrative disciplinary penalty has been reached by the parties as a result of negotiation and compromise, and in consideration of Miller's assurance that he will fully comply with the insurance law of South Carolina in the future. By his signature upon this Consent Order, Miller acknowledges that he understands that this administrative order is a public record subject to the disclosure requirements of the State of South Carolina's, Freedom of Information Act, S.C. Code Ann. §§ 30-4-10, et seq. (1991 and Supp. 1998).

Nothing contained within this administrative order should be construed to limit, or to deprive any person of, any private right of action under the law. Nothing contained within this administrative order should be construed to limit, in any manner, the criminal jurisdiction of any law enforcement officer or judicial officer. Nothing contained within this administrative order should be construed to limit the statutory duty, pursuant to S.C. Code Ann. Section 38-3-110 (Supp. 1997), of the Director of Insurance, exercised either directly or through the Department of Insurance, to "report to the Attorney General or other appropriate law enforcement officials criminal violations of the laws relative to the business of insurance or the provisions of this title which he considers necessary to report."

It is therefore ordered that Barry D. Miller shall, within ten days of my date and signature upon this Consent Order, pay through the South Carolina Department of Insurance an administrative fine in the total amount of $1,000 and that he must take six classroom hours of property and casualty continuing insurance education courses beyond that required by law within three months of the date of this order and provide the Department the original certificates of attendance from these classes as proof of his completion of this requirement by that date.

It is further ordered that a copy of this Consent Order be immediately transmitted to the National Association of Insurance Commissioners for distribution to its member states.

This Consent Order becomes effective as of the date of my signature below.







Ernst N. Csiszar

Director

______________, 1999 at

Columbia, South Carolina







I CONSENT:



Barry D. Miller

Post Office Box 1136

Pickens, South Carolina 29671

Dated this ____ day of ___________, 1999


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