In 2015, we reached the end of a long, arduous road to licensure for one of our clients who had been convicted of two felonies: the client had stolen a purse, participated in an armed robbery, and damaged a vehicle in a fit of road rage. However, these crimes were many years in the past, and the client had gone above-and-beyond for years to demonstrate rehabilitation, including significant voluntary charity work, sobriety, and advanced education.
Our readers know that the Department of Insurance places many obstacles before ex-felons who want to be insurance agents. First, our client had to get the consent of the Insurance Commissioner in order to even be allowed to apply for a license, since the application would involve disclosure of a felony. This consent, called “1033 consent” because of the code section requiring it, was granted with our help.
Even after consent was obtained, the Department still denied our client’s license application, and did so without even allowing for an administrative hearing. We filed a Petition for Reconsideration on the “summary denial,” using documentary evidence and legal argument to persuade the Department to reconsider its own decision. It worked. The client’s summary denial was vacated, replaced not by an insurance license, but by a “Statement of Issues.” In other words, a refusal to grant a license and a request for an Administrative Law Judge to make a decision in the matter.
We took our client to hearing and, through testimony of the client, character witnesses, and documents attesting to the client’s strong character, including remorse and change, the client was successful. The ALJ granted the client an unrestricted license, a major victory for the client and for our firm. The Department adopted this Decision, and the client is now licensed.
The long road and many obstacles faced by this client would discourage some prospective clients from pursuing a license. However, persistence and quality representation can lead to success, and this client is now enjoying a successful career in insurance.
This case result does not constitute a guarantee, warranty, or even a prediction regarding the outcome of your legal matter.