STATE OF WASHINGTON MIKE KREIDLER STATE INSURANCE COMMISSIONER OFFICE OF INSURANCE COMMISSIONER HEARINGS UNIT PLEASE E-MAIL FILE-STAMPED COPY TO CONFIRM RECEIPT. TO: FROM: DATE: Office of Administrative Hearings Rebekah Caiier, Paralegal, OIC Hearings Unit April 29, 2019 Phone: (360) 725-7000 www.insurance.wa.gov MATTER: re: Barton Herndon, Order Revoking License, Docket No. 19 -0054 COUNSEL REPRESENTING COMMISSIONER: Ross Valore, Ins. Enf. Specialist Office of the Insurance Commissioner Legal Affairs Division P.O. Box 40255 Olympia, Washington 98504 OIC HEARINGS UNIT ACTION TO DATE: AGGRIEVED PARTY: Barton Herndon, Pro Se 1207 Margaret St. Thomasville, GA 31792 Notice of Receipt of Demand for Hearing sent to Aggrieved Parties on April 29, 2019 AGENCY REQUEST: As soon as possible, please assign an ALJ to hold an evidentiary hearing and any necessary preliminary conference(s), enter an Initial Order, and then return the original file and hearing record to the OIC Hearings Unit. Should this matter be settled prior to hearing before the ALJ, or the Aggrieved Parties fail to appear at scheduled hearing, the ALJ will issue a Final Order. Documents included in transmission: 1. Notice of Receipt of Demand for Hearing, dated April 29, 2019 2. Demand for Hearing, filed April 24, 2019 3. Order Revoking License, Docket No. 19-0054 Agency Contact/Billing contact: Rebekah Caiier, OIC Hearings Unit Paralegal P.O. Box 40255 Olympia, WA 97504-0255 (306) 725-7002 [email protected]Mailing Address: P. 0 . Box 40255 • Olympia, WA 98504-0255 Street Address: 5000 Capitol Blvd. • Tumwater, WA 98501 ®~
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STATE OF WASHINGTON OFFICE OF INSURANCE COMMISSIONER HEARINGS … · 29-04-2019 · OFFICE OF INSURANCE COMMISSIONER HEARINGS UNIT PLEASE E-MAIL FILE-STAMPED COPY TO CONFIRM RECEIPT.
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STATE OF WASHINGTON MIKE KREIDLER
STATE INSURANCE COMMISSIONER
OFFICE OF
INSURANCE COMMISSIONER
HEARINGS UNIT
PLEASE E-MAIL FILE-STAMPED COPY TO CONFIRM RECEIPT.
TO: FROM: DATE:
Office of Administrative Hearings Rebekah Caiier, Paralegal, OIC Hearings Unit April 29, 2019
Phone: (360) 725-7000 www.insurance.wa.gov
MATTER: re: Barton Herndon, Order Revoking License, Docket No. 19-0054
COUNSEL REPRESENTING COMMISSIONER:
Ross Valore, Ins. Enf. Specialist Office of the Insurance Commissioner Legal Affairs Division P.O. Box 40255 Olympia, Washington 98504
OIC HEARINGS UNIT ACTION TO DATE:
AGGRIEVED PARTY:
Barton Herndon, Pro Se 1207 Margaret St. Thomasville, GA 31792
Notice of Receipt of Demand for Hearing sent to Aggrieved Parties on April 29, 2019
AGENCY REQUEST: As soon as possible, please assign an ALJ to hold an evidentiary hearing and any necessary preliminary conference(s), enter an Initial Order, and then return the original file and hearing record to the OIC Hearings Unit. Should this matter be settled prior to hearing before the ALJ, or the Aggrieved Parties fail to appear at scheduled hearing, the ALJ will issue a Final Order.
Documents included in transmission: 1. Notice of Receipt of Demand for Hearing, dated April 29, 2019 2. Demand for Hearing, filed April 24, 2019 3. Order Revoking License, Docket No. 19-0054
Agency Contact/Billing contact: Rebekah Caiier, OIC Hearings Unit Paralegal P.O. Box 40255 Olympia, WA 97504-0255 (306) 725-7002 [email protected]
Mai ling Address: P. 0 . Box 40255 • Olympia, WA 98504-0255 Street Address: 5000 Capitol Blvd . • Tumwater, WA 98501
® ~
STATE OF WASHINGTON MIKE KREIDLER
STATE INSURANCE COMMISSIONER
To:
From:
Copy to:
Date:
Hearing:
OFFICE OF
INSURANCE COMMISSIONER
HEARINGS UNIT t_ -~ I
NOTICE OF RECEIPT OF DEMAND FOR HEARING
Baiion Herndon 1207 Margaret St. Thomasville, GA 31 792 herndon. [email protected]
Rebekah Carter, Paralegal, OIC Hearings Unit
Ross Valores, OIC Legal Affairs Division
April 29, 2019
Barton K. Herndon, Order Revoking License, OIC Docket No. 19-0054
Phone: (360) 725-7000 www. insurance.wa.gov
This is to advise you that on April 24, 2019, the Hearings Unit received and filed the Demand for Hearing submitted on behalf of Baiion Herndon
Pursuant to RCW 34.05.425(l)(c) and WAC 284-02-070(2)(d)(i), your Demand for Hearing will be transmitted to the Office of Administrative Hearings (OAH) where an administrative law judge (ALJ) will be assigned to conduct prehearing activities and preside over the evidentiary hearing. The ALJ will schedule a-prehearing conference to discuss this matter with all parties. Following the hearing, the ALJ will enter an Initial Order in accord with RCW 34.05.461(l)(c), including findings of fact and conclusions of law, which will then be sent to our unit along with the hearing record for review by our Presiding Officer and entry of a Final Order pursuant to RCW 34.05.464.
Please direct any questions to Rebekah Carter, Hearings Unit Paralegal, (3 60) 725-7002; [email protected]. For more information on our hearings process, visit http: //www.insurance.wa.gov/laws-rules/administrative-hearings/.
Mailing Address: P. 0 . Box 40255 • Olympia, WA 98504-0255 Street Address: 5000 Capitol Blvd. • Tumwater, WA 98501
State of WMhlnA\Qn Offtoo ot1he lnsl!rnnce Corl'Jm1as1onof Haarl~A~ (Jnll PO flox4025$ 01yrnpla WA eeso,i..nas 6000 Capitol Boulevard Tu1)1Water, WA 88501 (!!00) 72&-7002 ~AX (360) 6M-2702 He~rh1QiUiroo\o.wa.gov
Please type or print In Ink. Attaoh a copy of the Order or correspondence In dispute and ~II d~i;irmen,t~J~UPRc;>rli~.9)Y01:JJ dfrini;ind. Thls Demand for Hearing can be mailed, faxt11ci, hand-delivered or er'!'lalled to the Hearings Urtit' ~t t~~ i!ltJdtri~ ~bov1J.° . u For OIC Demands, plea$e provide contact lnfo,matlon for all other lntc11;1eted p1;1rtles and their rep ~ q .}1~· t 1, •
II issues and Arguments ~. Issues - Briefiy describe each ls$Ue or area of dl$pute that you wllilh us to consldet. Attact1 additional page~ If nl'l()essary,
By making an unsolicited contact about s Medicare Advantage plan, by repeatedly providing false hifonnatlon to the Insurance Commissioner's Investigator, by completing an Insurance application with a non-English speaking oonsumer without the use of an interpreter, and by destroying an Insurance application without notifying the applicant or the insurer, the Licensee violated RCW 48.17.530(1)(b }1 42 CFR § 4222 .268(d), and RCW 48.17,530(1)(h), lut;;tifying tile revocation of his license pursuant to RCW 48.17.530(1 )(b) and RCW 48.17, 530(1)(h).
b. Argumenb - t:xptaln why I/.J1;1ch lsoue ot are~ ol dispute listed above aholllcl be decided In your favor. Atmch addltlonail plilges If necessary, To the extant l<MWn, cite applic:able rules, etetutes, or oa$!;l$ In support of your arguments, Enclo13e copies of documents concarnlng your arguments Including Clocuments the Department previously !'equeated lrom you that yol1 h~vo not yet provtd0d.
I did not make unsolicited cont@ct about a rnedlr.Are advantage plan,
I did not lie to Investigators, I simply had a hard time remberlng the detalls of that particular appointment with others during my phone call with Investigators.
I did have an Interpretor
I did not destroy an application nor take an application from the client.
Please see the attached document for the details that address each Issue
B Signature
Either the Reque$\il1g Party ot the Attorney/Representative can sign thie Demand for Hearing. However, If the Representative Is submitting tha Demand, contac;t information for the Requesting Party Im!.§! be provided 1,m<ler Section 1 above ainci the Altorney/Representatlvl:1'$ contact lnforrruiitlOl'l must b1:1 provided In Section 2.
Because of this revocation I recently was denied a contract from a c11rrler. If my appei'.!I with you . and the carrier Isn't succes:.iful I wlll lt:Jse my existing contracts and my family's llvellhood.
I received 11n i::tnall from the WA DOI about the alleged lncldent The investigators told me that Mrs, Yuss1,1f complafned be(:i>Usc she tho1,115ht I was ;ii fed thAre trying to get her deported. I feel like that Ms. Yussuf was scerE;id of gettlng deported, (reasonably so) trying to protect her family's need to stay In th~ country, Md flied a complaint to hopP.fully prevent that from happening. The two investigators called me on the s~me phonP. l1ne and slmultaneously asked me questions. I am not blamh'lg the investle~tors and In the same breath it ls reasonable when someone1s llvelihood is at staka in the heat of a mornerit like that, to get flustered end confuse the events between appointments that happened at the same tlme several months ago, with each other. I had seyeral appointments ,;luring that time period with people that spoke Swahfli, During the 1;:1;111 I had a hard time distinguishing which one of those appointments was the l;lppointment that they were referring to. I confused the detalls between several of those appointments and rnlsspoke. •
After the heat of the moment was over, l was able to take a breath, spend time thinking ttbout i'lll the ~ppolntments I hacl fn which the prospective cllents spoke Swahili, f;lnd remember exactly which appcifntment the investigators were asking me about. The appointment was Interpreted by Ms. Ywmtfs long time nurse. We sat down 1;1nd talked about dental vision and hearing plans. She said she had heard about Medicare offering those benefits fol' free. I told hl;!r she needed to sign a scope of appointment form before I could talk with her about those kind of benefits. She signed a scope of appointment form. Then I checked her son's Medicare status. I verifled her son wr;is not on Medicare and told her there was nothing I could do to put hlm Into a plen like that. She told me did not wi;rnt to purchase a standalone dental plan. I never took an application of any kinct from her. I tbld her that I totally understood, thirnked her for her time, gave her my tard, and le.ft.
I acquired an Insurance license ln 2004, In over 14 yef;lrs I have never had a DOI complaint. When I started sellln~ insurance I wrote a mission statement saying "Do the right thing for every client every· time." That's what I have done. There are over a thousand Medicare cli1:nts that wlll verify that l have done that for thern. With the circumstance!> listed above and my 14 year track recorct I feel lil<e the state of Washington would be doing the dtlzens of Washlngton1 my clients, my famlly, and me a sarvlce by reinstating my license.