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STATE OF VERMONT
DEPARTMENT OF FINANCIAL REGULATION
IN RE: ZAHIRAH LAILA MARTINEZ ) DOCKET NO. 20-014-I
NPN 10651791 )
DEFAULT JUDGMENT AND ORDER
Findings of Fact
Respondent, ZAHIRAH LAILA MARTINEZ, whose mailing address of
record is 6101 Phillip Lane, Lithonia, GA 30058, was issued Vermont non-resident producer license #3485646 on October 12, 2019, which license currently has an expiration date of March 31,2021.
Respondent was issued a non-resident producer license in the State of Louisiana, which license was revoked on February 18, 2019.
Respondent was issued a non-resident producer license in the State of Washington, which license was revoked on January 22, 2020.
On March 4, 2020, the Insurance Divisions served upon Respondent the Petition for Revocation of License (“petition”) and Notice of Right to Request Hearing (“notice”) filed in the above-captioned matter.
As of the effective date of this Default Judgment and Order, more than 30 days after service of the petition, no answer, request for hearing, or other defense to the petition has been received by the Insurance Division from Respondent.
On April 9, 2020, the Insurance Divisions served upon Respondent the Motion for Default Judgment in the above-captioned matter.
Ten days have passed since the Insurance Division filed the Motion for Default Judgment in the above-captioned matter and served the motion on Respondent.
Conclusions of Law
8. 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.
9. 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.
10. 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.
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. 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.
13. As of the effective date of this order, the Respondent has not provided a timely answer, request for a hearing, or any defense to the petition. Additionally, ten (10) days have passed since the filing and service of the Motion for Default Judgment. Therefore, the allegations contained in the petition are treated as proven and default judgment may be entered in the above-captioned matter.
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 ZAHIRAH LAILA MARTINEZ, license # 3485646, is hereby revoked, effective immediately.
Dated at Montpelier, Vermont this ____ day of April, 2020.
______________________________________
Michael S. Pieciak, Commissioner
Vermont Department of Financial Regulation
STATE OF VERMONT
DEPARTMENT OF FINANCIAL REGULATION
)
IN RE: ZAHIRAH LAILA MARTINEZ ) DOCKET NO. 20-014-I
NPN 10651791 )
CERTIFICATE OF SERVICE
I hereby certify that on the ______ day of April 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 mailing and business address of record, 6101 Phillip Lane, Lithonia, GA 30058.
Dated at Montpelier, Vermont this ____ day of April, 2020.
Vermont Department of Financial Regulation
By:_________________________________
Sheila Grace
Assistant General Counsel
89 Main Street
Montpelier, VT 05620-3101
(802) 828-2963