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STATE OF VERMONT
DEPARTMENT OF FINANCIAL REGULATION
)
IN RE: OSMUND JOSIAH MARCELLIN ) DOCKET NO. 19-058-I
NPN 8423820 )
DEFAULT JUDGMENT AND ORDER
Findings of Fact
Respondent, OSMUND JOSIAH MARCELLIN, whose mailing address of
record is 5145 Avening Ct, Charlotte, NC U.S.A. 28215-8075, was issued Vermont non-resident producer license # 533103 on April 1, 2007, which license had an expiration date of March 31, 2021.
Respondent was issued an insurance producer license in North Dakota, which license was revoked on September 10, 2019.
Conclusions of Law
3. Pursuant to 8 V.S.A. § 4804(a)(10), the Commissioner has the authority to revoke a non-resident license if, after notice and opportunity for hearing, he finds the licensee’s license has been suspended or revoked in any other state.
4. Pursuant to 8 V.S.A. § 15 the Commissioner may issue orders necessary to the administration of and to carry out the purposes of Title 8 of the Vermont Statutes.
5. Respondent, pursuant to Section 5(a) of Regulation 82-1 (Revised)
(“Regulation 82-1”), was required to file an answer no later than 30 days after the date of service of the petition in this contested case.
6. Section 12 of Regulation 82-1 provides, that where a Respondent, against
whom a pleading initiating a contested case has been properly served, fails to answer within the time-period specified in Section 5(a) or fails to defend the charge, the Petitioner may move for a decision by default. The Commissioner may render a decision by default at any time after the passage of ten days from the date of filing and service of the motion for default, whereupon the Commissioner may issue any applicable order.
7. Section 5(b) of Regulation 82-1 provides, that if a Respondent fails to serve an answer timely, the allegations contained in the pleading that initiated the contested case will be treated as proven and a default judgment may be entered as provided in Section 12 of this regulation.
8. Respondent has failed to respond to the Insurance Division’s Motion for Default Judgment and ten (10) days have passed since the time of the filing of the motion.
ORDER
IT IS HEREBY ORDERED THAT:
1. A Default Judgment is entered against Respondent pursuant to Section
12 of Regulation No. 82-1 and a decision by default is rendered.
The non-resident producer license of OSMUND JOSIAH MARCELLIN, license # 533103, is hereby revoked, effective immediately.
3. Respondent shall, pursuant to 8 V.S.A.§ 4806, forthwith deliver said license to the Department by personal delivery or by mail.
Dated at Montpelier, Vermont this ____ day of February, 2020.
______________________________________
Michael S. Pieciak, Commissioner
Vermont Department of Financial Regulation
STATE OF VERMONT
DEPARTMENT OF FINANCIAL REGULATION
)
IN RE: OSMUND JOSIAH MARCELLIN ) DOCKET NO. 19-058-I
NPN 8423820 )
CERTIFICATE OF SERVICE
I hereby certify that on the _____ day of February, 2020, I served the Default Judgment and Order in the above-captioned matter by causing the same to be mailed to Respondent by certified mail, return receipt requested, at the Respondent’s address of record, 5145 Avening Ct, Charlotte, NC U.S.A. 28215-8075.
Dated at Montpelier, Vermont this ____ day of February, 2020.
Department of Financial Regulation
By:_________________________________
Sheila Grace
Assistant General Counsel
89 Main Street
Montpelier, VT 05620-3101
(802) 828-2963