FILED

MAY 18 2011 0 0 0 9 7 4

Chief Financial Officer

JEFF ATWATER

1. ocketed by: !..,_ CHIEF FINANCIAL OFFICER

   STATE OF FLORIDA

   
   

   IN THE MATTER OF: Case Number: 10-079-D?-WC

   
   

   MATCHTECH, INC.

                                                                                       ;/

   
   

   FINAL ORDER

   
   

   THIS PROCEEDING came on for final agency action and Jeff Atwater, Chief Financial Officer of the State of Florida, or his designee, having considered the record in this case, including the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, the Order to Show Cause, and the Order Relinquishing Jurisdiction and Closing File served in Division of Workers' Compensation Case No. 10-079-D?, and being otherwise fully advised in the premises, hereby finds that:

   1. On March 25, 2010, the Department issued a Stop-Work Order and Order of Penalty Assessment to MATCHTECH, INC.

   2. On March 29, 2010, the Stop-Work Order and Order of Penalty Assessment was served by certified mail on MATCHTECH, INC. A copy of the Stop-Work Order and Order of Penalty Assessment is attached hereto as "Exhibit A" and incorporated herein by reference.

   3. On April 16, 2010, the Department issued an Amended Order of Penalty Assessment to MATCHTECH, INC. The Amended Order of Penalty Assessment assessed a total penalty of $17,613.20 against MATCHTECH, INC.

   4. On April 22, 2010, the Amended Order of Penalty Assessment was served by certified mail on MATCHTECH, INC. A copy of the Amended Order of Penalty Assessment is attached hereto as "Exhibit B" and incorporated herein by reference.

      
      

      
      

   5. On May 7, 2010, MATCHTECH, INC. filed a request for Administrative Review ("Petition"), requesting review of the Amended Order of Penalty Assessment. The petition for administrative review was forwarded to the Division of Administrative Hearings on June 2, 2010, and the matter was assigned DOAH Case No. 10-3038. A copy of the Petition is attached hereto as "Exhibit C" and incorporated herein by reference.

   6. On December 17, 2010, the Administrative Law Judge issued an Order to Show Cause requiring MATCHTECH, INC. to show cause why this action should not be relinquished to the agency for failure to appear at a scheduled deposition. A copy of the Order to Show Cause is attached hereto as "Exhibit D" and incorporated herein by reference.

   7. On January 3, 2011, the Administrative Law Judge issued an Order Relinquishing Jurisdiction and Closing File. A copy of the Order Relinquishing Jurisdiction and Closing File is attached hereto as "Exhibit E" and incorporated herein by reference.

      FINDINGS OF FACT

      
      

   8. The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment issued on March 25, 2010, the Amended Order of Penalty Assessment issued on April 16, 2010, the Order to Show Cause issued on December 17, 2010, and the Order Relinquishing Jurisdiction and Closing File issued on January 3, 2011, which are fully incorporated herein by reference, are hereby adopted as the Department's Findings of Fact in this case.

      CONCLUSIONS OF LAW

      
      

   9. Based upon the Findings of Fact adopted herein, the DEPARTMENT concludes that MATCHTECH, INC. violated the specific statutes and rules alleged in the Stop-Work Order and Order of Penalty Assessment, and Amended Order of Penalty Assessment and hereby adopts

      
      

      the violation(s) charged in the Stop-Work Order and Order of Penalty Assessment, and Amended Order of Penalty Assessment as the Conclusions of Law in this case.

      PENALTY IMPOSED

      
      

   10. The Order to Show Cause and the Order Relinquishing Jurisdiction and Closing File submitted in reference to the Stop-Work Order and Order of Penalty Assessment and the Amended Order of Penalty Assessment, taken together with the Findings of Fact and Conclusions of Law adopted herein, constitute grounds for the Chief Financial Officer to impose the penalty as set forth herein.

       IT IS THEREFORE ORDERED that:

       
       

       1. MATCHTECH, INC. shall immediately pay the total penalty of $17,613.20, in full, to the DEPARTMENT OF FINANCIAL SERVICES for deposit into the Workers' Compensation Administration Trust Fund.

          
          

       2. MATCHTECH, INC. shall immediately cease all business operations in the State of Florida until such time as the Department issues an order releasing the Stop-Work Order and Amended Order of Penalty Assessment. The Department shall not issue an Order releasing the

Stop-Work Order and Order of Penalty Assessment until MATCHTECH, INC. has come into compliance with the coverage requirements of Chapter 440, Florida Statutes, and has paid the total penalty of$17,613.20 to the Department.

DONE and ORDERED this rn day of              , 2011.

TANNER HOLLOMAN

DIRECTOR, WORKERS' COMPENSATION

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been furnished by U.S. mail to Brian Hall, Matchtech, Inc., 1740 Hudson Bridge Road, Suite 1012, Stockbridge, GA

30281 this ilJ-fl-" day of  d    , 2011.

Paige S emCa>ker "

Florida Bar No. 143022 Assistant General Counsel Department of Financial Services Division of Legal Services

200 E. Gaines Street Tallahassee, FL 32399-4229

NOTICE OF RIGHTS

Any party to these proceedings adversely affected by this Order is entitled to seek review of this Order pursuant to Section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.110. Review proceedings must be instituted by filing a Notice of Appeal with Julie Jones, DFS Agency Clerk, Department of Financial Services, Room 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida, 32399-0390 and a copy of the Notice of Appeal, a copy of this Order and filing fee with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order.

COPIES FURNISHED TO:

MATCHTECH, INC.

1740 HUDSON BRIDGE ROAD, SUITE 1012

STOCKBRIDGE, GA 30281

LEIDA PEREZ

FLORIDA DEPARTMENT OF FINANCIAL SERVICES BUREAU OF COMPLIANCE

2295 VICTORIA AVENUTE, SUITE 163 FORT MYERS, FLORIDA 33901

PAIGE SHOEMAKER

FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES

200 EAST GAINES STREET TALLAHASSEE, FLORIDA 32399-4229

Docket for Case No: 10-003038

Orders for Case No: 10-003038