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|In re: JOHN M. DOUGHTY
STATE OF MAINE
Docket No. MCINS 98-11
Pursuant to Title 24-A M.R.S.A. § 1417(4) and Title 5 M.R.S.A. §§ 5302 and 10004, and at the request of the Staff of the Maine Bureau of Insurance, the Superintendent of Insurance HEREBY REVOKES your insurance producer's License No. PRR42918. The license was issued on October 1, 1996. You are HEREBY ORDERED to return your producer's license to this office in the enclosed envelope within 30 days. If you are unable to locate your license, please execute and return the attached lost-license affidavit.
The basis for this Revocation Order is as follows:
- On February 6, 1998, in the Superior Court of Franklin County, John M. Doughty entered a plea of guilty to a Class B Forgery charge.
- John M. Doughty was sentenced on February 6, 1998, to serve eighteen (18) months in prison with all of the sentence suspended. The defendant was committed to the custody and control of the Division of Probation for a term of two (2) years.
- John M. Doughty was ordered pursuant to 5 M.R.S.A. § 3360-1, to forfeit and pay the sum of $25.00 as a fine to the Clerk of the Court, plus applicable surcharges and an assessment of $25.00.
- John M. Doughty was ordered pursuant to 17-A M.R.S.A. § 1152-2-A, to forfeit and pay the sum of $28,568.31 as restitution, through the Division of Probation and Parole, to all victims within probation term of two years.
- John M. Doughty was ordered to perform 1000 hours of community service work within probation term of two years.
- Title 5 M.R.S.A. §§ 5301-5304 and Title 24-A M.R.S.A. § 1417(4) allow licensing agencies to revoke licenses on the basis of criminal record information if, among others, the conviction is for a crime for which incarceration for one year or more may be imposed; the conviction is for a crime for which incarceration for one year or less may be imposed and which involves dishonesty or false statements; the conviction is for a crime for which incarceration for one year or less may be imposed and which directly relates to the trade or occupation for which the license or permit is sought; or the conviction is for a crime for which no incarceration can be imposed and which directly relates to the trade or occupation for which the license or permit is sought.
- JOHN M. DOUGHTY has been convicted of a crime that involves forgery, a crime that is directly related to the trade or occupation for which the license was issued, and that shows that Mr. Doughty does not meet the qualifications for licensure under § 1448.
- JOHN M. DOUGHTY has not been sufficiently rehabilitated to warrant the public trust.
It is further Ordered that the following document, identified as Bureau Staff's Exhibit 1, is considered part of the record in this matter:
- Exhibit 1 including attested copy of the Judgment and Commitment pertinent to
JOHN M. DOUGHTY as recorded in the Superior Court of Franklin County, Maine.
ORDER AND NOTICE OF APPEAL RIGHTS
This Decision and Order is a final agency action within the meaning of the Maine Administrative Procedure Act. It is appealable to the Superior Court in the manner provided in 24-A M.R.S.A. § 236 (Supp. 1989) and M.R. Civ. P. 80C. Any party to the hearing may initiate an appeal within thirty days after receiving this notice. Any aggrieved non-party whose interests are substantially and directly affected by the Superintendent's decision may initiate an appeal within 40 days from the effective date of this Order. There is no automatic stay pending appeal. Application for stay may be made in the manner provided in 5 M.R.S.A. § 11004.
PER ORDER OF THE SUPERINTENDENT OF INSURANCE, THE EFFECTIVE DATE OF THIS ORDER IS MAY , 1998.
ALESSANDRO A. IUPPA
SUPERINTENDENT OF INSURANCE
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