DEFAULT JUDGMENT AND ORDER
Findings of Fact
1. Respondent MARIO A. RODAS is a Vermont non-resident insurance producer, license # 3158409.
2. The State of Nevada revoked Respondent's resident producer license on November 15, 2017.
3. On January 23, 2018, the Insurance Division served upon Respondent the
Petition for Revocation of License in this action.
Respondent has not filed an answer to date.
The Insurance Division filed a Motion for Default Judgment on March 2, 2018 in this matter.
Conclusions of Law
6. Pursuant to 8 V.S.A. § 4804(a)(1), the Commissioner has the authority to revoke a non-resident producer license if, after notice and opportunity for hearing, he finds circumstances currently exist that would have caused the Commissioner to refuse to issue the license had the same circumstances existed at that time. A nonresident producer license is predicated upon the licensee having a resident producer license in good standing in the licensee’s home state. 8 V.S.A. § 4813h. Respondent’s resident state, Nevada, revoked his license.
7. The Commissioner, pursuant to 8 V.S.A. § 4804(a)(10), has the authority to suspend or revoke a non-resident producer license if, after notice and opportunity for hearing, he finds the licensee's license has been suspended or revoked in any other state. Respondent has had his license revoked in Nevada, Maine, Washington, Louisiana and Nebraska.
8. 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.
9. 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.
10. 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.
11. 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.
12. Respondent has failed to respond to the Insurance Division’s Motion for Default Judgment and ten (10) days has passed since the time of the filing of the motion.
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 MARIO A. RODAS, license # 3158409, 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 2018.
Michael S. Pieciak, Commissioner
Vermont Department of Financial Regulation .
STATE OF VERMONT
DEPARTMENT OF FINANCIAL REGULATION
IN RE: MARIO A. RODAS ) DOCKET NO. 18-004-I
CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of April 2018, 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 his mailing address of record, 716 Jacobs Ladder Pl., Las Vegas, NV 89138.
Dated at Montpelier, Vermont, this _____ day of April 2018.
Vermont Department of Financial Regulation
Assistant General Counsel
89 Main Street
Montpelier, VT 05620-3101