Administrative Rules of Montana › Department 1 - GENERAL PROVISIONS › Chapter 1.3 - MODEL RULES › Subchapter 1.3.2 - Attorney General's Organizational and Procedural Rules Required by the Montana Administrative Procedure Act › Rule 1.3.224 - CONTESTED CASES, FINAL ORDERS

Current through Register Vol. 13, July 5, 2024
(1) A final
				decision or order adverse to a party in a contested case must be in writing and
				must include findings of fact and conclusions of law.
(2) See sample form 224a.
(3) Parties and their attorneys must be
				served with a copy of a final decision or order.
MODEL RULES
Sample Form 224a: Final Order
BEFORE THE [agency] OF THE STATE OF MONTANA
In the matter of [same as original
) FINDINGS
							 OF FACT,
Notice]
) CONCLUSIONS OF LAW, ORDER
) AND NOTICE OF OPPORTUNITY
) FOR JUDICIAL REVIEW
After notice and hearing on the proposed revocation of the
				  insurance producer's license of John Doe, for appropriation of policyholder's
				  money, the insurance commissioner considered the evidence and exhibits and
				  makes the following disposition of this contested case:
PROPOSED FINDINGS OF FACT
Counsel for John Doe proposed that the commissioner find
				  that: The personal check of Mary Smith was deposited to a trust account
				  maintained by agent Doe. The commissioner does not accept this proposed finding
				  of fact because it was contradicted by two witnesses, both maintaining that the
				  bank account was used for personal purposes by John Doe.
FINDINGS OF FACT
The licensee, John Doe, received the personal check of Mary
				  Smith in the amount of $500 on the 1st day of March, 2008. The licensee, John
				  Doe, maintained two checking accounts, one designated John Doe Insurance, Trust
				  Account, the other a joint checking account between John Doe and Jane Doe. The
				  joint checking account had a mailing address which was 100 Main Street,
				  Anytown, Montana. 100 Main Street is the residence of John and Jane Doe.
				  Thereafter, over a period of two weeks, John and Jane Doe drew checks for rent,
				  cash, and groceries against the $500 deposited. On March 1, 2008, John Doe gave
				  to Mary Smith a receipt which read:
Received of Mary Smith the sum of $500 in payment of initial
				  premium of life insurance policy to be issued by the Sandy Bottom Life
				  Insurance Company of North Dakota in the amount of $150,000
insuring the life of Mary Smith.
/s/ John Doe, Producer
Sandy Bottom Life
Insurance
Company of North Dakota
The commissioner finds that John Doe appropriated to his own
				  use money belonging to a policyholder.
INTRODUCTION
CONCLUSIONS OF LAW
Section
				  33-17-1001(1)(2),
				  MCA, provides that the commissioner may revoke an insurance producer's license
				  if he finds that the licensee has misappropriated or converted to his own use
				  money belonging to policyholders. The commissioner has so found; thus cause
				  exists under
				  33-17-1001(1)(d),
				  MCA, for the revocation of the insurance producer's license of John Doe.
ORDER
The insurance producer's license of John Doe is revoked
				  effective August 1, 2008.
Dated this _________ day of ___________________,
				  20___.
(must be signed by:)
By
[authorized person's signature]
NOTICE: You are entitled to judicial review of this Order in
				  accordance with Section
				  2-4-702, MCA.
Judicial review may be obtained by filing a petition in
				  district court within thirty days after the service of this
				  Order.
2-4-202, MCA; IMP,
					 2-4-202,
					 MCA;