South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOI vs. Keith E. Maurice

AGENCY:
South Carolina Department of Insurance

PARTIES:
Petitioners:
South Carolina Department of Insurance

Respondents:
Keith E. Maurice
 
DOCKET NUMBER:
99-ALJ-09-0227-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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