STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF INSURANCE AND ) TREASURER, )

)

Petitioner, )

)

vs. ) CASE NO. 92-3419

) JUDITH RHEA DEUTSCH SAMBERG,)

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Veronica E. Donnelly, held a formal hearing in the above-styled cause on September 8, 1992, in Tampa, Florida.

APPEARANCES

For Petitioner: Joseph D. Mandt, Esquire

Department of Insurance and Treasurer

412 Larson Building Tallahassee, FL 32399-0300

For Respondent: Michael Samberg, Qualified

Representative

4747 West Waters Avenue #3003

Tampa, FL 33614 STATEMENT OF THE ISSUES

Whether Respondent's licenses as a health insurance agent and as an all lines adjuster should be suspended, revoked, or otherwise disciplined if the allegations set forth in the complaint are proved at hearing.

PRELIMINARY STATEMENT

By letter dated May 19, 1992, the Respondent requested a formal hearing to contest the charges in the administrative complaint for which the Department seeks to discipline her licenses to engage in insurance transactions.

Essentially, the Respondent is charged with misrepresenting the benefits of the Humana Gold Plus Plan and its effect on Medicare benefits.

During the hearing, the Department submitted two composite exhibits which were admitted into evidence. The fact witness subpoenaed to testify did not appear at hearing.

Without the fact witness, the Department was unable to prove its case-in- chief against Respondent. After waiting over forty-five minutes for the witness, who the Department was unable to contact by telephone, both parties agreed to the entry of this Recommended Order of Dismissal.

RECOMMENDATION

Based upon the foregoing, it is RECOMMENDED:

1. That the charges set forth in the Administrative Complaint dated May 6, 1992, In the Matter of Judith Rhea Deutsch (now known as Judith Rhea Samberg) be dismissed as the Department was unable to prove by clear and convincing evidence that the alleged violation took place. The complaining witness failed to appear at hearing.

DONE and ENTERED this 14th day of September, 1992, at Tallahassee, Florida.

VERONICA E. DONNELLY

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 14th day of September, 1992.

COPIES FURNISHED:

Joseph D. Mandt, Esquire

Department of Insurance and Treasurer

412 Larson Building Tallahassee, FL 32399-0300

Michael Samberg, Qualified Representative 4747 West Waters Avenue #3003

Tampa, FL 33614

Tom Gallagher

State Treasurer and Insurance Commissioner Department of Insurance and Treasurer

The Capitol, Plaza Level Tallahassee, FL 32399-0300

Bill O'Neil

Deputy General Counsel

Department of Insurance and Treasurer The Capitol, Plaza Level

Tallahassee, FL 32399-0300

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should consult with the agency that will issue the final order in this case concerning agency rules on the deadline for filing

exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 92-003419

Orders for Case No: 92-003419