ORDERS:
CONSENT ORDER
This matter comes before me pursuant to a letter filed by Keith E. Maurice (Maurice) on August 4, 1999, whereby he
contests the proposed action of the South Carolina Department of Insurance (Department) in revoking his South Carolina
resident insurance adjuster's license. The parties hereto have consented to resolving this matter by agreement.
Maurice does not contest that he was convicted on January 13, 1999 of three counts of "Receiving Stolen Goods" in
Charleston County, South Carolina. These crimes were committed in 1997 and are crimes involving moral turpitude See
State v. Millings, 247 S.C. 52, 145 S.E.2d 422 (1965). S.C. Code Ann. § 38-47-10 (Supp. 1998) and S.C. Code Ann. Reg.
69-23 (g) (Supp. 1989) states that the Director of Insurance must be satisfied that a person holding an adjuster's license is a
person of good moral character and is a fit and proper person for licensure. Maurice has subsequently submitted three letters
of character reference to the Director of Insurance's satisfaction, which indicate that Maurice acknowledges his past errors,
is remorseful of such actions, and is highly unlikely to commit criminal acts or other violations of the law in the future.
Though Maurice's adjuster's license could now be revoked, the parties have mutually agreed that, in lieu of such revocation,
Maurice would pay an administrative fine in the amount of $1,500. This administrative penalty has been reached by the
parties as a result of negotiation and compromise; and this agreement has been made in consideration of Respondent's
assurance that in the future he will conduct his affairs so as to be regarded as a person of good moral character and that he
will comply with the state's insurance laws.
By their signatures upon this Consent Order, the parties acknowledge that they understand 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, as amended). 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. § 38-3-110 (4) (Supp. 1998), 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."
After a thorough review of the record, carefully considering the recommendation of the parties, and in accordance with my
findings of fact, I now conclude, and it is hereby ordered, that Maurice shall pay the South Carolina Department of Insurance
an administrative fine in the amount of $1,500 within 30 days of the date of this Order. If that total fine amount is not timely
paid, Maurice's resident insurance adjuster's license will be revoked without any further disciplinary proceedings.
It is further ordered that a copy of this Consent Order be timely 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.
_____________________________
The Honorable Marvin F. Kittrell
Chief Administrative Law Judge
Post Office Box 11667
Columbia, SC 29211
September 23, 1999
Columbia, South Carolina.
I CONSENT: I CONSENT:
_________________________________ ___________________________
Ernst N. Csiszar, Director of Insurance Keith R. Maurice
PETITIONER RESPONDENT
Post Office Box 100105 3 Chadwick Drive
Columbia, South Carolina 29202 Charleston, South Carolina 29407 |
