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Findings of Fact
1. Respondent DAVID WAYNE JUDGE holds Vermont non-resident insurance producer license # 858214, first issued December 14, 2012 with an expiration date of March 31, 2019.
2. Respondent’s current registered mailing address is 1410 Quanah Ct., Allen, TX 75013.
3. Respondent is no longer licensed in his home state of Texas.
Conclusions of Law
4. A nonresident producer license is predicated upon the licensee having a resident producer license in good standing in the licensee’s home state. Respondent does not currently have a resident producer license in his home state of Texas, in violation of 8 V.S.A. § 4813h.
5. The Commissioner may revoke a non-resident producer license if he finds circumstances currently exist that would have caused the Commissioner to refuse to issue the license had the circumstances existed at that time. Respondent holds a non-resident producer license without having a resident producer license in good standing in the licensee’s home state in violation of 8 V.S.A. § 4804(a)(2).
6. 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.
8. 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.
9. 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.
10. 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.
11. 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.
2.The non-resident producer license of DAVID WAYNE JUDGE, license # 858214, is hereby revoked, effective immediately.
3. Respondent shall, pursuant to 8 V.S.A.§ 4806, forthwith deliver his license to the Department by personal delivery or by mail.
Dated at Montpelier, Vermont this ____ day of April 2019.
______________________________________
Michael S. Pieciak, Commissioner
Vermont Department of Financial Regulation