Berger, Reed, Salmon, James P. (Senior Judge, Specially
appeal arises from several decisions of the Maryland
Insurance Commissioner ("Commissioner"), including
the Commissioner's decision to: (1) grant summary
disposition in favor of the Maryland Insurance Administration
("MIA") against Elizabeth Coomes
("Coomes"); (2) affirm the MIA's Amended Order
revoking Coomes's producer's license for violations
of various provisions of the Insurance Article; and (3)
assess an administrative penalty of $1, 250.00. The relevant
facts in this case surround Coomes's "voluntary
surrender" of her Virginia producer's license and
whether this "surrender" constitutes an
"adverse action" requiring Coomes to report the
surrender to the MIA.
appeal, Coomes presents five issues for our review,
 which we rephrase as follows:
1. Whether the Commissioner erred as a matter of law by
finding that Coomes's voluntary surrender of her Virginia
insurance producer's license was an "adverse
administrative action" requiring her to report it to the
Maryland Insurance Administration.
2. Whether there is substantial evidence in the record to
support the Commissioner's conclusion as a matter of law
that Coomes violated Md. Code (2002, 2011 Repl. Vol.), §
10-126(a)(1), (6), (12), (13), and (f) of the Insurance
3.Whether Double Jeopardy applies to shield Coomes from
having her Maryland producer's license revoked after
previously voluntarily surrendering her Virginia
producer's license based on the same underlying set of
4. Whether the circuit court abused its discretion under Md.
Code (1984, 2014 Repl. Vol., 2016 Supp.), § 10-222(f)(2)
of the State Government Article ("S.G.") when it
denied Coomes's motion to offer additional evidence on
the basis that the evidence was not material.
2004, Elizabeth Coomes became a licensed insurance producer
in the Commonwealth of Virginia. That same year, the State of
Maryland issued a producer's license to Coomes as a
nonresident producer. In September of 2011, the Virginia
Department of Insurance ("VDI") began investigating
Coomes for alleged acts of misappropriating two checks sent
to her in error by Anthem Blue Cross and Blue Shield of
to September 2011, Anthem mistakenly sent two checks totaling
approximately $20, 000 to Coomes's agency's home
office in Leesburg, Virginia. Both checks were made out to
"EBCA" (Employee Benefit Corporation of America).
Coomes, or a member of her staff, deposited the checks into
her agency's operating account. EBCA and Anthem notified
Coomes that the checks were sent to her agency in error on or
around August 18, 2011, and they requested the return of the
money since the checks were deposited.
testified at the hearing before the Commissioner that the
agency routinely received commission checks from Anthem and
other insurers, and that by the time Anthem demanded
repayment for the checks sent in error, she had already spent
the money on various business expenses. She further testified
that after she informed Anthem that she was not able to repay
the money in one lump sum, Anthem refused to take the money
out of her future commission payments. Thereafter, she and
Anthem came to an agreement for Coomes to repay Anthem
immediately with approximately $6, 000 to $10, 000 cash on
hand, and the remainder with a small personal loan. A few
days later, however, Anthem filed a complaint with VDI and
Coomes did not repay the money immediately.
began investigating Coomes's conduct in September of 2011
based on allegations that Coomes had misappropriated money
through acts of fraud, deception, or dishonesty. The
investigation by the VDI addressed Anthem's accusations
that Coomes had committed fraud, conversion and had forged
endorsements on the checks. Thereafter, Coomes repaid all but
$2, 000 of the money owed with a series of three checks sent
in February and March of 2012. Coomes, however, refused to
repay the remaining $2, 000, averring that Anthem owed her
the money for unrelated advertising co-op costs under her
contract with Anthem.
VDI's investigation ultimately was resolved without a
hearing when Coomes agreed to a "voluntary
surrender" of her Virginia producer's license.
Coomes executed the voluntary surrender agreement with the
VDI on or around December 10, 2012, to be effective March 11,
2013. In the agreement, Coomes
acknowledged that she voluntarily surrendered her Virginia
producer's license "in lieu of a hearing
before the State Corporation Commission, which [Coomes]
understand[s] may result in revocation or suspension of
[Coomes's] authority as an insurance agent or consultant,
as well as possible monetary penalty." (Emphasis added).
Coomes voluntarily surrendered "all authority . . . to
conduct the business of insurance or insurance consulting in
the Commonwealth of Virginia." The agreement further
provided that "[i]n consideration of the
Commission's acceptance of [the] voluntary surrender of
[her] license authority in lieu of a hearing before the
Commission . . ." Coomes agreed not to apply to
"transact the business of insurance in Virginia for a
period of one year" from the date of the agreement, and
only after she had resolved all of her "financial
obligations resulting from [her] insurance activities."
Further, the language of the agreement refers to the
agreement as an "action . . . taken of
[Coomes's] own volition." (Emphasis added).
Coomes acknowledged that she
under[stood] that notification of this matter, which may
include personal information about [Coomes] including, but
not limited to [Coomes's] name, residence address, social
security number . . ., date of birth, license and appointment
status, and investigation or disciplinary action summary
data, may be reported to the National Association of
Insurance Commissioners and to other state insurance
regulatory authorities or other interested parties.
in March of 2013, Coomes requested through a letter to the
MIA that her residential address be updated and that her
Maryland license be changed from nonresident producer to
resident producer. In the letter, Coomes stated "I have
notified the Virginia Insurance Bureau of my address change
and have requested a voluntary surrender of my Virginia
resident license." Coomes did not include in the letter
any indication of an investigation by the VDI into her
mishandling of money, nor did Coomes disclose that she had
agreed to voluntarily surrender her license in lieu of facing
a hearing to contest the allegations arising from
Anthem's complaint. Coomes testified that she did not
understand the voluntary surrender to be an "adverse
violation" and did not know that there was a requirement
that she inform the MIA of the VDI's actions.
to a revised order issued June 30, 2014,  the Maryland Insurance Commissioner
("the Commissioner") issued an order finding the
voluntary surrender agreement constituted an "adverse
administrative action" that was taken against Coomes.
The Commissioner found Coomes to be in violation of I.A.
§§ 10-126(a)(1), (6), (12), (13), and (f), and
therefore, subject to discipline. The Commissioner revoked
Coomes's license to act as an insurance producer in the
State of Maryland and ordered her to pay an administrative
penalty of $1, 250.00 within 30 days. The pertinent
provisions of I.A. § 10-126 are as follows:
(a) The Commissioner may deny a license to an applicant under
§§ 2-210 through 2-214 of this article, or suspend,
revoke, or refuse to renew or reinstate a license after
notice and opportunity for hearing under §§ 2-210
through 2-214 of this article if the applicant or holder of
(1) has willfully violated this article or another law of the
State that relates to insurance;
. . .
(6) has committed fraudulent or dishonest practices in the
. . .
(12) has failed or refused to pay over on demand money that
belongs to an insurer, insurance producer, or other person
entitled to the money;
. . .
(13) has otherwise shown a lack of trustworthiness or
competence to act as an insurance producer;
. . .
(f)(1) Within 30 days after the final disposition of the
matter, an insurance producer shall report to the
Commissioner any adverse administrative action taken
against the insurance producer:
(i) in another jurisdiction; or
(ii) by another governmental unit in this State.
(2) The report shall include a copy of the order, consent
order, and any other relevant legal documents.
I.A. § 10-126(a)(1), (6), (12), (13) and (f) (emphasis
requested a hearing on the Commissioner's order, pursuant
to I.A. § 2-210 and COMAR 31.02.01.03. Coomes appeared
before a Commissioner on November 5, 2014 on the MIA's
Motion for Summary Disposition, during which Coomes testified
but did not call any other witnesses. On December 9, 2014,
the Commissioner issued a revised final order granting the
MIA's Motion for Summary Disposition, and finding that
Coomes violated I.A. §§ 10-126(a)(1), (6), (12),
(13), and (f). The Commissioner ordered that Coomes's
license be revoked and that she pay an administrative penalty
of $1, 250.00 within forty-five days of the order.
January 7, 2015, Coomes filed a petition for judicial review
in the Circuit Court for Baltimore City. A hearing was held
before the circuit court on November 9, 2015, and on November
30, 2015, the circuit court affirmed the decision of the MIA.
reasons explained below, we affirm the Circuit Court for