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IN RE: DOUGLAS MITCHELL

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CONSENT AGREEMENT
Docket No. MCINS 98-03

This document is a Consent Agreement, authorized by 5 M.R.S.A. §9053(2) entered into by and among Douglas Mitchell and the Staff of the Maine Bureau of Insurance. The purpose is to resolve, without resort to an adjudicatory proceeding, issues relative to the above producer's authority to act as an insurance producer in the State of Maine.

STIPULATIONS

1. Douglas Mitchell, 27 Gorham Road, Suite 9, Scarborough, ME, was first licensed as a Maine resident insurance producer, license #45064.

2. Douglas Mitchell is appointed to represent Nationwide Insurance Company.

3. The Superintendent of Insurance (hereinafter, "Superintendent") is the official charged with administering and enforcing Maine's insurance laws and regulations.

4. Douglas Mitchell acknowledges that if this matter were to go to hearing, the hearing officer could find, by a preponderance of the evidence, that he engaged in the following activity in violation of the cited Maine law:

Mitchell sent a direct mail solicitation without knowing that it could amount to a misleading advertisement in violation of Title 24-A M.R.S.A. § 2154.

COVENANTS

5. Douglas Mitchell and the Staff of the Maine Bureau of Insurance agree to the following:

The Superintendent may issue a Consent Order in this matter in the form agreed upon by the parties. (A copy is attached);
Douglas Mitchell will pay a penalty within 14 days of the effective date of the Consent Order in the amount of five hundred dollars ($500.00) to the Maine Bureau of Insurance made payable to the Treasurer of the State of Maine; and
The Consent Order shall be final upon execution by the Superintendent and conclusive between the parties as to all matters which were subject to the investigation.

MISCELLANEOUS

6. Douglas Mitchell understands and acknowledges that this Agreement will constitute a public record within the meaning of 1 M.R.S.A. § 402 and will be available for public inspection and copying as provided for by 1 M.R.S.A. § 408.

7. It is understood by the parties to this Agreement that nothing herein shall affect any rights or interests that any person not a party to this Agreement may possess.

8. This Consent Agreement is intended solely for the purpose of resolution of the Bureau of Insurance Staff's investigation into a complaint filed against Mr. Mitchell.

DATED:

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Douglas Mitchell

Subscribed to before me this ___day of _______, 1998.

__________________________
Notary Public/Attorney at Law

DATED:	____________________________________ KATHRYN E. DAVIS Staff Attorney
DATED:	____________________________________ JUDITH CHAMBERLAIN First Dep. Asst. Attorney General

		STATE OF MAINE DOCKET NO. MCINS 98-03
IN RE: DOUGLAS MITCHELL	) ) )	CONSENT ORDER

This proceeding arises as a result of an investigation by the Staff of the Maine Bureau of Insurance.

Having reviewed the Consent Agreement of the parties to this proceeding, the Superintendent hereby accepts the Agreement as a basis for this Consent Order. A copy of said Agreement is attached and incorporated by reference.

Having engaged in conduct that could amount to a violation of 24-A M.R.S.A. § 2154, it is HEREBY ORDERED pursuant to 24-A M.R.S.A. § 12-A that Douglas Mitchell, an insurance professional licensed to do business in the State of Maine, will pay a penalty within 14 days of the effective date of the Consent Order in the amount of $500.00 (five hundred dollars) to the Maine Bureau of Insurance made payable to the Treasurer of the State of Maine.

This Consent Order shall be final upon execution and conclusive between the parties as to all matters which were subject to the investigation.

PER ORDER OF THE SUPERINTENDENT, THE EFFECTIVE DATE OF THIS ORDER IS ___________________________.

Dated:

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Alessandro A. Iuppa
Superintendent of Insurance

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