In the Matter of The FINANCIAL INSTITUTIONS ACT (the “Act”) (RSBC 1996, c.141)
and THE INSURANCE COUNCIL OF BRITISH COLUMBIA (“Council”)
and ALYSSA HOLLI HARKER (the “Licensee”)
DECISION AND ORDER UNDER SECTIONS 231 & 238 OF THE ACT
WHEREAS the Licensee’s Level 1 general insurance salesperson’s licence with Council became inactive effective September 18, 2009, after she ceased to have authority to represent her employer at the time, Mary Ann Meegan Insurance Agency Ltd. (the “Agency”), and she was not an authorized representative of any other insurance agency;
AND WHEREAS Council has commenced an investigation pursuant to section 232 of the Act, relating to allegations that the Licensee took Insurance Corporation of British Columbia (“ICBC”) insurance premiums received by the Agency in cash, used the premiums for her own monetary gain, and then concealed her activity by forging the signature of an Agency officer on two Agency cheques, which she then forwarded to ICBC for payment of the premiums she had taken;
AND WHEREAS the Royal Canadian Mounted Police have also commenced an investigation into the matter;
AND WHEREAS the evidence obtained to date indicates the Licensee has admitted to misconduct contrary to Council’s Code of Conduct;
AND WHEREAS Council determined the above allegations are sufficiently serious to call into question the Licensee’s suitability to hold an insurance licence;
AND WHEREAS Council has forwarded notice to the Licensee’s service address advising her that the matter would be brought to the attention of the members of Council at its October 20, 2009 meeting, and she has not responded to the notice;
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238 ORDER Alyssa Holli Harker File Number: 173065-I702 Page 2 of 2
AND WHEREAS Council has determined that further investigation is necessary to determine the scope of the Licensee’s misconduct, but considers the length of time required to complete an investigation and make a decision pursuant to section 231 of the Act would be detrimental to the due administration of the Act;
AND WHEREAS Council considers it to be in the public interest to suspend the Licensee’s Level 1 general insurance salesperson’s licence pursuant to section 231(1)(g) of the Act;
NOW THEREFORE Council orders the Licensee’s Level 1 general insurance salesperson’s licence be suspended until August 1, 2010, pursuant to sections 231 and 238 of the Act, effective the date of this order;
TAKE NOTICE that pursuant to section 238 of the Act, the Licensee has the right to require a hearing on this order before Council by delivering written notice within 14 days of receipt of this order to Council at Suite 300 – 1040 West Georgia Street, Vancouver, British Columbia, V6E 4H1; alternatively, the Licensee may appeal this order to the Financial Services Tribunal.
Dated in Vancouver, British Columbia, on the ____ day of _____________, 2009. Copy Original __________________________________ On Graham Calder, CFP, CLU, ChFC, RHU File Chairperson, Insurance Council of British Columbia