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OFFICE OF FINANCIAL REGULATION vs PAYSERVICES.COM, INC., D/B/A PAYSERVICES.COM, AND LIONEL DANENBERG, 19-002943 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-002943 Visitors: 39
Petitioner: OFFICE OF FINANCIAL REGULATION
Respondent: PAYSERVICES.COM, INC., D/B/A PAYSERVICES.COM, AND LIONEL DANENBERG
Judges: DARREN A. SCHWARTZ
Agency: Office of Financial Regulation
Locations: West Palm Beach, Florida
Filed: May 31, 2019
Status: Closed
Recommended Order on Monday, December 16, 2019.

Latest Update: Dec. 16, 2019
Summary: Whether Respondents violated the statutes and rules alleged in the Second Amended Administrative Complaint; and, if so, what is the appropriate penalty to be imposed against Respondents.OFR proved by clear and convincing evidence that Respondents failed to timely comply with reporting requirements. Recommended $6,000 fine.
KM_C754e-20191223110752


STATE OF FLORIDA

OFFICE OF FINANCIAL REGULATION


In Re:


PAYSERVICES.COM, INC. d/b/a PAYSERVICES.COM and LIONEL DANENBERG,

Respondents.

Administrative Proceeding Docket No.: 89320


DOAH Case No.: 19-2943


FINAL ORDER


This cause came on for consideration and final agency action. Upon review of the complete record in this case, including the attached Recommended Order, and being otherwise fully advised in the premises, the Commissioner or Designee hereby finds:

  1. The Office of Financial Regulation ("Office") has jurisdiction over the subject matter of this case and the parties hereto.

  2. The entry of this Final Order shall conclude the above-referenced administrative proceeding.

IT IS ACCORDINGLY ORDERED:


  1. The attached Recommended Order is adopted by the Office and incorporated by reference as if fully stated herein.

  2. Respondents shall pay an administrative fine in the amount of Six Thousand Dollars ($6,000) on or before the 31st day following the date of entry of this Final Order. The fine shall be submitted in the form of a money order or cashier's check made payable to: Department of Financial Services, and shall be sent to the attention of Agency Clerk - c/o Joaquin Alvarez, Esq., Post Office Box 8050, Tallahassee, Florida 32314-8050.

1


Filed November 5, 2020 10:35 AM Division of Administrative Hearings



DONE and ORDERED this 2,,,rJ day of Dece""b,I 2019, in Tallahassee, Leon County, Florida.


Commissi er or Designee Office of mancial Regulation


NOTICE OF RIGHTS


A PARTY WHO IS ADVERSELY AFFECTED BY THIS AMENDED FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK FOR THE OFFICE OF FINANCIAL REGULATION AS FOLLOWS:


By Mail or Facsimile OR By Hand Delivery


Agency Clerk

Office of Financial Regulation

P.O. Box 8050

Tallahassee, Florida 32314-8050

Phone: (850) 410-9889

Fax: (850) 410-9663

Agency Clerk

Office of Financial Regulation General Counsel's Office

The Fletcher Building, Suite 118 101 East Gaines Street Tallahassee, Florida 32399-0379

Phone: (850) 410-9889


A COPY OF THE NOTICE OF APPEAL, ACCOMPANIED BY THE FILING FEES AS REQUIRED BYLAW, MUST ALSO BE FILED WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, 2000 DRAYTON DRIVE, TALLAHASSEE, FLORIDA 32399-0950, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITH BOTH THE AGENCY CLERK FOR THE OFFICE OF FINANCIAL REGULATION AND THE DISTRICT COURT OF APPEAL WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED.

CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order and Notice of Rights has been furnished to Lionel Danenberg at lionel@payservices.com, this --Z.. ro< day of

0ecP ('Alo-< r , 2019.


Agency Clerk

Florida Office of Financial Regulation Tallahassee, FL 32314-8050

Email: Agency.Clerk@flofr.com


Cc: Joaquin Alvarez

Assistant General Counsel Division of Consumer Finance


Docket for Case No: 19-002943
Issue Date Proceedings
Nov. 05, 2020 Agency Final Order filed.
Dec. 16, 2019 Order Denying Motions.
Dec. 16, 2019 Recommended Order (hearing held October 16, 2019). CASE CLOSED.
Dec. 16, 2019 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 09, 2019 Respondent's Response to Office's Response in Opposition to Respondents' Motion to Oppose Petitioner's Motion filed.
Dec. 06, 2019 Office's Response in Opposition to Respondents' Motion to Oppose Petitioner's Motion filed.
Dec. 02, 2019 Motion to Oppose Petitioner's Motion Dated December 2, 2019 (with Exhibits) filed.
Dec. 02, 2019 Office's Response in Opposition to Respondents' Motion to Strike Petitioner's Proposed Recommended Order filed.
Nov. 27, 2019 Motion to Strike Petitioner's Proposed Recommended Order (with Exhbits) filed.
Nov. 25, 2019 Petitioner's Proposed Recommended Order filed.
Nov. 25, 2019 Respondent's Proposed Final Order with Exhibits filed.
Nov. 14, 2019 Notice of Filing Transcript.
Nov. 14, 2019 Transcript of Proceedings (not available for viewing) filed.
Nov. 12, 2019 Notice to the Court filed.
Oct. 16, 2019 CASE STATUS: Hearing Held.
Oct. 11, 2019 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 11, 2019 Notice of Filing Proposed Exhibits filed.
Oct. 11, 2019 Petitioner's Proposed Witness List filed.
Sep. 18, 2019 Notice to the Court in Response to FLOFR's Opposition to the Motion to Recuse Judge Darren A Schwartz filed.
Sep. 18, 2019 Order Denying Second Motion to Recuse.
Sep. 18, 2019 Office's Response in Opposition to Respondents' Motion to Recuse with Affidavit filed.
Sep. 17, 2019 Motion to Recuse Judge Darren A. Schwartz (with Affidavit) filed.
Sep. 17, 2019 Order Denying Motion to Recuse.
Sep. 16, 2019 Office's Motion to Preclude Testimony of Respondent Lionel Danenberg filed.
Sep. 16, 2019 Office's Response in Opposition to Respondents' Motion to Recuse filed.
Sep. 16, 2019 Response to Notice of Ex Parte Communication filed.
Sep. 16, 2019 Notice of Ex Parte Communication.
Sep. 13, 2019 Motion to Recuse Judge Darren A. Schwartz filed.
Sep. 06, 2019 Order Denying Motion to Compel Production of Documents and Granting Motion to Compel Deposition Information.
Sep. 04, 2019 Reply to Respondent's Response to the Office's Motions to Compel filed.
Sep. 04, 2019 Order Granting Motion for Leave to File a Reply to Respondents' Response to the Office's Motion to Compel.
Sep. 03, 2019 Affidavit in Support to the Status Report of the Last Conferences with Petitioner filed.
Sep. 03, 2019 Respondent's Opposition to Petitioner's Motion for Leave to File a Reply to Respondents' Response to the Office's Motions to Compel filed.
Sep. 03, 2019 Motion for Leave to File a Reply to Respondents' Response to the Office's Motions to Compel filed.
Sep. 03, 2019 Respondent Opposition to Petitioner's Motion to Compel Production of Documents and to Compel Deposition Information (with Exhibits) filed.
Aug. 29, 2019 Motion to Compel Production of Documents and to Compel Deposition Information filed.
Aug. 26, 2019 Amended Response to Discovery Request filed.
Aug. 26, 2019 Status Report and Conferral (with the other party) filed.
Aug. 23, 2019 Order Denying Motion for Relief and Dismissal with Exhibits.
Aug. 22, 2019 Office's Response in Opposition to Respondents' Motion to Relief from Judgment and Dismissal filed.
Aug. 21, 2019 Order on Motion to Compel.
Aug. 15, 2019 Motion to Relief from Judgment and Dismissal (with Exhibits) filed.
Aug. 15, 2019 Deposition Status Report (with Exhibits) filed.
Aug. 15, 2019 Unilateral Status Report filed.
Aug. 13, 2019 Respondent's Response to Petitioner's Response in Opposition to Respondent's Second Motion to Compel filed.
Aug. 12, 2019 Office's Response in Opposition to Respondents' 2nd Motion to Compel filed.
Aug. 06, 2019 Motion to Compel Petitioner for Failure to Propoerly Answer Respondent Discovery (Updated) filed.
Aug. 05, 2019 Order Granting Motion for Protective Order and Denying Motion to Compel.
Aug. 05, 2019 Office's Response in Opposition to Respondents' Motions to Compel and Protective Order filed.
Aug. 02, 2019 Motion to Compel Petitioner for Failure to Properly Answer Respondent Discovery filed.
Aug. 02, 2019 Motion to Protective Order filed.
Aug. 01, 2019 Order Granting Motion to Compel and to Continuance Final Hearing (hearing set for October 16, 2019; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Jul. 31, 2019 Notice to the Court filed.
Jul. 30, 2019 Motion to Compel and Continue filed.
Jul. 29, 2019 Rescheduling of Deposition Notice to the Court filed.
Jul. 29, 2019 Notice to the Court filed.
Jul. 15, 2019 Order Granting Motion for Leave to Amend Administrative Complaint.
Jul. 11, 2019 Objection to the Petitioner's Motion for Leave to Amend the Administrative Complaint filed.
Jul. 10, 2019 Notice of Taking Deposition (of Lionel Danenberg) filed.
Jul. 08, 2019 Motion for Leave to Amend Administrative Complaint filed.
Jun. 25, 2019 Notice of Service of Answers to Request for Production filed.
Jun. 25, 2019 Notice of Service of Answers to Request for Admissions filed.
Jun. 25, 2019 Notice of Service of Answers to Petitioner's Interrogatories filed.
Jun. 25, 2019 Notice of Service of Respondent's First Set of Discovery Requests filed.
Jun. 19, 2019 Order Denying Payservices.com's Motions.
Jun. 18, 2019 Order Granting Lionel Danenberg's Motion to Dismiss.
Jun. 17, 2019 Office's Response in Opposition to Respondents' Motions to Dismiss filed.
Jun. 11, 2019 Summary Judgement and Motion to Dismiss Plaintiffs' Complaint (PayServices.com) filed.
Jun. 11, 2019 Motion to Dismiss Plaintiffs' Complaint (Lionel Danenberg) filed.
Jun. 11, 2019 Order of Pre-hearing Instructions.
Jun. 11, 2019 Notice of Hearing by Video Teleconference (hearing set for August 20, 2019; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Jun. 10, 2019 Office's Unilateral Response to Initial Order filed.
Jun. 10, 2019 Respondent Response to Initial Order filed.
Jun. 03, 2019 Initial Order.
May 31, 2019 Notice of Service of Petitioner's First Set of Discovery Requests filed.
May 31, 2019 Response by the Respondents filed.
May 31, 2019 Notice to Cease and Desist filed.
May 31, 2019 Amended Administrative Complaint filed.
May 31, 2019 Agency referral filed.

Orders for Case No: 19-002943
Issue Date Document Summary
Dec. 23, 2019 Agency Final Order
Dec. 16, 2019 Recommended Order OFR proved by clear and convincing evidence that Respondents failed to timely comply with reporting requirements. Recommended $6,000 fine.&#xD;&#xA;
Source:  Florida - Division of Administrative Hearings

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