ORDERS:
Consent Order
This matter comes before me pursuant to an agreement entered into and between the State
of South Carolina Department of Insurance and Eugene Wade Comer, a licensed South Carolina
resident insurance agent.
In 1991, Comer moved his address from 1239 Christopher Circle, Rock Hill, South Carolina
29730, to his present address without notifying the South Carolina Department of Insurance as
required by S.C. Code Ann. § 38-43-107 (1989). As a result, Comer did not receive notices sent to
him regarding continuing education compliance for the biennial period ending May 1, 1998, and he
failed to complete the 24 hours of continuing insurance education and pay the administrators fee
required by S.C. Code Ann. § 38-43-106 (Supp. 1998) and 25A S.C. Code Ann. Reg. 69-50 (Supp.
1998). Comer disagreed with this position and alleged that these actions were not intentional. To
prevent his license from being administratively canceled, on July 29, 1998, Comer entered into a
Consent Order with the Department requiring him to pay a $400 fine and $100 continuing education
fee by August 14, 1998, and complete 48 hours of continuing education courses (24 hours of which
had to be in-class) and pay a $18.50 tracking fee to the Continuing Education Administrator by
September 30, 1998.
Comer timely paid all necessary fines and other requirements of the order except the 24 hour
classroom continuing education requirement by the established deadlines. Comer hereby admits, and
I find as a fact, that he was unable to complete the classroom portion of the continuing education
requirement by September 30, 1998. Because the terms of the Consent Order require his license to
be summarily canceled in this event, Comer brought suit to enjoin the Department from enforcing
the Consent Order. He completed the 24-hour classroom continuing education requirement on
October 12, 1998. Comer is now 55 years of age and is eligible for exemption from further
continuing education requirements pursuant to S.C. Code Ann. § 38-43-106(H) (Supp. 1998) and
25A S.C. Code Ann. Reg. 69-50 § II.A.4 (Supp. 1998).
Prior to the initiation of any administrative proceedings by the Department against him,
Comer and the Department agreed to submit the entire matter to me, along with their specific
recommendation, for my summary decision. The consensual recommendation was that, in lieu of
the Department seeking to cancel Comer's resident insurance agent's license, he would pay an
administrative fine in the amount of $800 and a continuing education reprocessing fee in the amount
of $200.
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 Comer failed
to comply with the July 29, 1998 Consent Order. Although I can now summarily suspend Comer's
resident insurance agent's license, I hereby invoke the discretionary authority given to me in S.C.
Code Ann. § 38-43-130 and impose against Comer an administrative fine in the total amount of $800
and a $200 continuing education reprocessing fee which is to be retained by the Department. That
fine and fee must be paid within ten days of the date of my signature upon this consent order or
Comer's resident insurance agent's license will be revoked without any further disciplinary
proceedings.
This administrative penalty has been reached by the parties as a result of negotiation and
compromise, and is made in consideration of Comer's assurance that he will henceforth comply with
the state's insurance laws, particularly the state's laws on providing his current business and
residential address to the Department of Insurance and on timely completing continuing insurance
education requirements. Moreover, by his signature upon this consent order, Comer 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. § 38-3-110 (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."
It is therefore ordered that Eugene Wade Comer shall, within ten days of the date of my
signature on this consent order, pay through the South Carolina Department of Insurance an
administrative fine in the total amount of $800 and a continuing education reprocessing fee in
the amount of $200. Comer will be exempt from further statutory continuing insurance education
upon the date of my signature on this order and the payment of these amounts.
It is further ordered that a copy of this consent order shall 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. Csiszer
Director
_____________________________
Eugene Wade Comer
820 Susan Circle
Rock Hill, South Carolina 29730
______________________________________
RALPH KING ANDERSON, III
ADMINISTRATIVE LAW JUDGE
July 15, 1999
Columbia, South Carolina |
