In early 2013 we tried a case involving a criminal conviction suffered by a California insurance producer. The insurance producer had been convicted of misdemeanor child abuse. The allegations in the police report, introduced into evidence at hearing, were sensational, alleging multiple acts and a past pattern of wrongdoing. The Department took the position that it did not want to settle and that the license should be revoked.
At hearing, we introduced evidence of the licensee’s good character, but more importantly, scrutinized the allegations. When carefully examined, the allegations in the police report did not hold up. Furthermore, the Department could not make a connection between the conviction and the qualifications of the license sufficient to support discipline.
The administrative law judge dismissed the accusation. Upon consideration, the Commissioner adopted the decision, making the dismissal final. The client has a clean license record.