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This document is a Consent Agreement authorized by Title 10 M.R.S.A. § 8003(5), entered into among Robert J. Reid, a resident of Massachusetts; the Maine Superintendent and Bureau of Insurance; and the Maine Office of the Attorney General. Its purpose is to resolve, in lieu of an adjudicatory proceeding, violations of the Insurance Code for which the Superintendent may impose discipline pursuant to Title 24-A M.R.S.A. §1417(1) and §1420-K(1)(A).
STATEMENT OF FACTS
1. The Superintendent of Insurance is the official charged with administering and enforcing Maine’s insurance laws and regulations, and the Bureau of Insurance is the administrative agency with such jurisdiction. The Superintendent has jurisdiction over this matter pursuant to the Insurance Code generally, Title 24-A Maine Revised Statutes, and in particular 24-A M.R.S. §§ 12-A, 211, and 229, as well as other provisions.
2. Robert J. Reid’s National Producer Number is 5417037. He applied for licensing in Maine as a nonresident insurance producer in August 2010.
3. When Mr. Reid applied for a Maine Nonresident Producer License, he answered “No” to the background question on the application form electronically filed in connection with this application regarding whether he had “ever been named or involved as a party in an administrative proceeding regarding any professional or occupational license or registration.”
4. The application included Mr. Reid’s “Certification and Attestation” with the statement:
5. Staff of the Maine Bureau of Insurance discovered, through its application review process, that Mr. Reid had entered into a settlement agreement with the Commonwealth of Massachusetts Division of Insurance in September 2003, pursuant to which he paid $9,600, which the settlement agreement expressly designated as a fine.
CONCLUSIONS OF LAW
6. The application form’s disclosure questions specifically require disclosure of administrative licensing proceedings.
7. The provision of incorrect, misleading, incomplete or materially untrue information in a license application constitutes grounds for denial of the license application, revocation of the license, or other appropriate action, including the imposition of a civil penalty, under 24-A M.R.S.A. §1420-K(1)(A).
8. Mr. Reid provided incorrect, misleading, incomplete or materially untrue information in his Maine application for nonresident producer licensing by failing to disclose the 2003 Massachusetts settlement agreement and fine when he applied and certifying through the “Certification and Attestation” on the application that the information was true and complete, and he has not provided an adequate legal explanation for his failure to provide accurate information in his application.
9. Robert J. Reid, the Maine Superintendent of Insurance, and the Maine Office of the Attorney General agree to the following.
10. This Consent Agreement is entered into in accordance with 10 M.R.S.A. § 8003(5)(B) and is not subject to review or appeal. This Consent Agreement is enforceable by an action in the Superior Court.
11. Mr. Reid admits to the facts conclusions as stated above and admits that his conduct constitutes a violation of 24-A M.R.S.A. §1420-K(1)(A) for which he is subject to the imposition of discipline by the Superintendent.
12. At the time of executing this Consent Agreement, Mr. Reid will remit to the Maine Bureau of Insurance a civil penalty in the amount of $200.00, payable to the Treasurer of the State of Maine.
13. Mr. Reid will promptly report any matters to the Maine Bureau of Insurance during all times as he is licensed through the Bureau, to the extent such reporting is required under the Maine Insurance Code, and will comply in all other respects with the provisions of the Maine Insurance Code, as applicable.
14. Mr. Reid understands and acknowledges that this Agreement will constitute a public record within the meaning of 1 MRSA § 402, and will be available for public inspection and copying as provided for by 1 MRSA § 408, and will be reported to the NAIC “RIRS” database.
15. In consideration of the applicant’s execution of and compliance with the terms of this Consent Agreement, the Superintendent of Insurance, Bureau of Insurance, and Office of the Attorney General agree to issue the license applied for and forgo pursuing further disciplinary measures or other civil or administrative sanction for the specific violation of the Insurance Code described in this Consent Agreement, other than those agreed to herein. However, should Mr. Reid violate this Consent Agreement, he may be subject to any available legal remedy for the violation, including without limitation the suspension or revocation of all licenses issued under the Maine Insurance Code.
16. Nothing in this Agreement shall affect the rights or interests of any person who is not a party to this Agreement.
[EXECUTION PAGE FOLLOWS]
Robert J. Reid
THE MAINE SUPERINTENDENT OF INSURANCE
FOR THE DEPARTMENT OF THE ATTORNEY GENERAL
Last Updated: August 22, 2012
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