FILED Mar 29 2018, 8:39 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEYS FOR APPELLANT ATTORNEY FOR APPELLEE Curtis T. Hill, Jr. Larry F. Whitham Attorney General of Indiana Whitham, Hebenstreit & Zubek, LLP Frances Barrow Indianapolis, Indiana Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Commissioner, Indiana March 29, 2018 Department of Insurance, Court of Appeals Case No. Appellant-Respondent, 49A05-1706-MI-1402 Appeal from the Marion Superior v. Court The Honorable Michael D. Keele, Alvin C. Putman, Judge Appellee-Petitioner. Trial Court Cause No. 49D07-1606-MI-20114 Brown, Judge. Court of Appeals of Indiana | Opinion 49A05-1706-MI-1402 | March 29, 2018 Page 1 of 17 [1] The Commissioner of the Indiana Department of Insurance appeals the trial court’s order reversing its decision to revoke Alvin C. Putman’s bail agent license. The issue is whether the court erred in entering its order. We reverse and remand. Facts and Procedural History [2] On September 17, 2015, the Enforcement Division of the Indiana Department of Insurance filed a Motion to Revoke Bail Agent License with the Commissioner which alleged that Putman had been found guilty of battery as a class D felony on September 16, 2015, in Fulton County (the “Criminal Cause”) and which requested an order revoking Putman’s bail agent license. That same day, the Commissioner issued an order revoking Putman’s license and providing that he may not reapply for a license until ten years from the date of his conviction or release from prison, parole, or probation, whichever is later. On January 21, 2016, Putman filed a motion to rescind the Commissioner’s order stating that he was convicted of battery as a misdemeanor. [3] On February 3, 2016, the Enforcement Division filed a Motion to Modify Revocation Order on Bail Agent License stating that the court in the Criminal Cause entered a sentence against Putman on November 24, 2015 as a class A misdemeanor and requesting that the Commissioner issue a modified order which reflected the appropriate restriction on reapplication of five years instead of ten years as originally ordered. Putman filed a reply arguing that his misdemeanor battery conviction did not constitute a qualifying offense to Court of Appeals of Indiana | Opinion 49A05-1706-MI-1402 | March 29, 2018 Page 2 of 17 revoke his license because it was not a misdemeanor in which an element of the offense involves violence under Ind. Code § 27-10-1-6.1 On February 12, 2016, the Commissioner entered Findings of Fact and Modified Order Revoking Bail Agent License which found that, since Putman’s conviction was entered as a class A misdemeanor battery, which is a misdemeanor with an element of violence, the order should be modified to reflect the appropriate restriction and entered a modified order that Putman’s bail agent license was revoked and that he may not reapply for a license until five years from the date of his conviction or release from prison, parole, or probation, whichever is later. On February 17, 2016, Putman filed a motion for a hearing ...
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