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Chandra Barr

Order
Thursday, November 9, 2017
Docket No. 17-024-I

STATE OF VERMONT
DEPARTMENT OF FINANCIAL REGULATION

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IN RE:  CHANDRA BARR                                                  )              DOCKET NO. 17-024-I
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DEFAULT JUDGMENT AND ORDER

Findings of Fact

1.            Respondent Chandra Barr, whose business address of record is 11215 N. Community House Road, Charlotte, NC 28277-4435, was issued Vermont non-resident producer license #982460 on September 14, 2014.
2.            Respondent’s Vermont non-resident producer license has an expiration date of March 31, 2019.
3.            Respondent’s Kansas nonresident agent license was revoked on February 15, 2017.
4.            Respondent’s Maine nonresident insurance producer license was revoked on May 31, 2017.
5.            Respondent’s Washington nonresident insurance producer license was revoked on July 11, 2017.
6.            On August 30, 2017 the Department served upon Respondent the Petition for Revocation of License (“Petition”) in this action by sending the Petition by certified mail to the address of record on file as required by 8 V.S.A. § 4800(3)(iii).
8.            Respondent, pursuant to Section 5(a) of Regulation 82-1, was required to file an answer no later than 30 days after the date of service. Respondent’s answer in this action was due on September 29, 2017.  No answer has been filed to date.
10.          The Insurance Division filed a Motion for Default Judgment on October 20,
2017 in this matter.  The Motion was sent to Respondent by certified mail to the address of record on file as required by 8 V.S.A. § 4800(3)(iii).
     Conclusions of Law
11.       The Commissioner, pursuant to 8 V.S.A. § 4804(a)(10), has the authority to suspend or revoke a resident producer license if, after notice and opportunity for hearing, he finds the licensee's license has been suspended or revoked in any other state.  Respondent’s license has been revoked in Kansas, Maine and Washington.
12.          Pursuant to 8 V.S.A. § 15 the Commissioner may issue orders necessary to the administration of and to carry out the purposes of Title 8 of the Vermont Statutes.
13.          Respondent, pursuant to Section 5(a) of Regulation 82-1 (Revised)
(“Regulation 82-1”), was required to file an answer no later than 30 days after the date of service of the petition in this contested case.
14. Section 12 of Regulation 82-1 provides, that where a Respondent, against
whom a pleading initiating a contested case has been properly served, fails to answer within the time period specified in Section 5(a) or fails to defend the charge, the Petitioner may move for a decision by default. The Commissioner may render a decision by default at any time after the passage of ten days from the date of filing and service of the motion for default, whereupon the Commissioner may issue any applicable order.          
15.          Section 5(b) of Regulation 82-1 provides, that if a Respondent fails to serve an answer timely, the allegations contained in the pleading that initiated the contested case will be treated as proven and a default judgment may be entered as provided in Section 12 of this regulation.
16.          Respondent failed to respond to the Insurance Division’s Motion for Default Judgment and ten (10) days have passed since the time of the filing of the motion.
ORDER
IT IS HEREBY ORDERED THAT:
1.  A Default Judgment is entered against Respondent Barr pursuant to Section 12 of Regulation No. 82-1 and a decision by default is rendered.
The resident producer license of Chandra Barr, #982460, is hereby
revoked, effective immediately.
3.  Respondent shall, pursuant to 8 V.S.A.§ 4806, forthwith deliver her license to the Department by personal delivery or by mail.

Dated at Montpelier, Vermont this 9th day of November 2017.


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MICHAEL S. PIECIAK, Commissioner
Vermont Department of Financial Regulation