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1) This matter is before the Superintendent of Insurance, after notice and opportunity for hearing, pursuant to a Petition to REVOKE the nonresident insurance producer license of Gary John Payne, dated October 7, 2004, and filed by the Staff of the Maine Bureau of Insurance.
2) The Maine Insurance Code regulates persons who offer or sell insurance products in the State of Maine. The Superintendent of Insurance has jurisdiction over this matter pursuant to the Insurance Code generally, Title 24-A Maine Revised Statutes Annotated, and in particular, 24-A M.R.S.A. §§211, 1417, and 1420-K.
FINDINGS OF FACT
4) Mr. Payne’s address of record, as reflected in the Bureau’s licensing records, is:
ADMINISTRATIVE ACTIONS IN OTHER STATES
GROUNDS FOR LICENSE REVOCATION
8) The Superintendent FINDS that Mr. Payne’s guilty plea in 2004 to two counts of violating 26 USC §7201, “Attempt to evade or defeat tax,” constitutes a conviction for which incarceration of more than one year may be imposed, which establishes statutory grounds for revoking his producer license under 24-A M.R.S.A. §1420-K (1)(F), and 5 M.R.S.A. §§ 5301 and 5303.
LICENSE ACTIONS IN OTHER STATES
10) The Superintendent FINDS that Mr. Payne’s insurance producer license has been revoked in the States of California, Kentucky and South Carolina, and cancelled in the State of North Carolina, constituting grounds for action against Mr. Payne’s Maine license under §1420-K(1)(I).
EFFECT OF VOLUNTARY TERMINATION
12) Under 24-A M.R.S.A. §1417(3), the Superintendent may, after notice and opportunity for hearing, deem the license suspended or revoked of a previously licensed person who voluntarily surrendered an insurance license.
ORDER REVOKING LICENSE of GARY JOHN PAYNE
The nonresident insurance producer license of Gary John Payne, # PRN 11066, National Producer # 382283, is hereby deemed REVOKED after notice and opportunity for hearing and in accordance with the above findings, pursuant to 24-A M.R.S.A. §1417 and 24-A M.R.S.A. §1420-K.
The effective date of this Order is November 15, 2004.
NOTICE OF APPEAL RIGHTS
This Decision and Order is a final agency action of the Superintendent of Insurance within the meaning of the Maine Administrative Procedures Act. It is appealable to the Superior Court in the manner provided in 24-A M.R.S.A. §236, 5 M.R.S.A. §11001, et seq., and M.R.Civ.P. 80C. Any party to the proceeding may initiate an appeal within thirty (30) days after receiving this notice, which has been given in accordance with the requirements of 24-A M.R.S.A. §213. Any aggrieved non-party whose interests are substantially and directly affected by the Decision and Order may initiate an appeal within forty (40) days of the issuance of this Decision and 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
Last Updated: August 22, 2012
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