Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: ERNEST WILLIAM NORMAN
Judges: LARRY J. SARTIN
Agency: Department of Financial Services
Locations: Bartow, Florida
Filed: May 28, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 28, 2003.
Latest Update: Dec. 24, 2024
FILED
apa 29 2003
DEPARTMENT OF FINANCIAL SERVICES
Docketed by
ToM GALLAGHER
CHIEF FINANCIAL OFFICER
IN THE MATTER OF:
CASE NO.: 62398-03-AG
ERNEST WILLIAM NORMAN QO
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ADMINISTRATIVE COMPLAINT
AUN LATS
TO: ERNEST WILLIAM NORMAN
5644 Horseshoe Point Road
Stuart, Florida 34997-2415
You, ERNEST WILLIAM NORMAN, are hereby notified that the Chief ‘Financial
Officer of the State of Florida has caused to be made an investigation of your activities while
licensed as an insurance agent in this state, as a result of which it is alleged:
GENERAL ALLEGATIONS
1. Pursuant to Chapter 626, Florida Statutes, you, ERNEST WILLIAM NORMAN,
are currently licensed in this state as a Life (2-16), Life & Health (2-18), and Health (2-40) agent,
license I.D. #A193127.
2. At all times pertinent to the dates and occurrences referred to herein, you,
ERNEST WILLIAM NORMAN, were licensed in this state as an insurance agent.
3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial
Services has jurisdiction over your insurance licenses and appointments.
4. At all times material to the dates and occurrences herein, Employers Mutual,
L.L.C. (“Employers Mutual”) was an entity that engaged in the business of insurance, or
ostensibly operated as a Multiple Employer Welfare Arrangement (“MEWA”) in Florida.
5. At all times material herein, Employers Mutual was unauthorized to conduct
insurance business in the State of Florida and unauthorized as a MEWA in Florida.
COUNT I
6. The above general allegations are hereby realleged and fully incorporated herein
by reference.
7. On or about April 2, 2001, you, ERNEST WILLIAM NORMAN, as a licensed
insurance agent, contacted E.C. to sell him a health insurance plan with Employers Mutual. You
furnished to him application forms which he completed and delivered to you together with his
personal check in the sum of $296.00 payable to The Association of Retail Sellers, and
representing an initial premium payment of $241.00 and application/membership fees of $55.00.
Said plan purportedly became effective May 1, 2001.
8. E.C. paid a premium in the amount of $279.50 on June 8, 2001, to The
Association of Retail Sellers. Thereafter, E.C. paid a premium in the amount of $293.50 per
month between and including July 2001 and December 2001 for insurance coverage by
Employers Mutual.
6. E.C. incurred claims between July and December 2001 totaling more than
$40,000.00 for health care services. Employers Mutual failed to pay such claims.
IT IS THEREFORE CHARGED that you, ERNEST WILLIAM NORMAN, have
violated or are accountable under the following provisions of the Florida Insurance Code and
Rules of the Department of Financial Services which constitute grounds for the suspension or
revocation of your licenses and appointments:
(a) No person shall transact in this state, or relative to a subject of insurance resident,
located, or to be performed in this state, without complying with the applicable provisions of this
Code. [Section 624.11, Florida Statutes];
(b) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.611(7), Florida Statutes];
(c) Demonstrated lack of reasonably adequate knowledge and technical competence to
engage in the transactions authorized by the license or appointment. [Section 626.611(8), Florida
Statutes];
(d) Violation of any provision of this Code or any law applicable to the business of
insurance in the course of dealing under the licensure or appointment. [Section 626.621(2),
Florida Statutes];
(e) In the conduct of business under the license or appointment, engaging in unfair
methods of competition or in unfair or deceptive acts or practices, as prohibited under Part X (re-
designated as Part IX) of this chapter, or having otherwise shown himself or herself to be a
source of injury or loss to the public. [Section 626.621(6), Florida Statutes];
(f) No person shall, from offices or by personnel or facilities located in this state...
directly or indirectly act as an agent for, or otherwise represent or aid on behalf of another, any
insurer not being authorized to transact such business in this state. [Section 626.901(1), Florida
Statutes].
WHEREFORE, you, ERNEST WILLIAM NORMAN, are hereby notified that the Chief
Financial Officer intends to enter an Order suspending or revoking your licenses and
appointments as an insurance agent or to impose such penalties as may be provided under the
provisions of Sections 626.611, 626.621, 626.681, 626.691, and 626.901, Florida Statutes, and
under the other referenced sections of the Florida Statutes as set out in this Administrative
Complaint.
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NOTICE OF RIGHTS
You have the right to request a proceeding to contest this action by the Department
pursuant to sections 120.569 and 120.57, Florida Statutes, and Rule 28-107, Florida
Administrative Code. The proceeding request must be in writing, signed by you, and must be
filed with the Department within twenty-one (21) days of your receipt of this notice. Completion
of the attached Election of Proceeding form and/or a petition for administrative hearing will
suffice as a written request. The request must be filed with the General Counsel as acting
Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East
Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the
Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice.
Mailing the response on the twenty-first day will not preserve your right to a hearing.
YOUR FAILURE TO RESPOND IN WRITING WITHIN
TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS
NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT
TO REQUEST A PROCEEDING ON THE MATTERS
ALLEGED HEREIN AND AN ORDER OF REVOCATION
WILL BE ENTERED AGAINST YOU.
If you request a proceeding, you must provide information that complies with the
requirements of Rule 28-107.004, Florida Administrative Code. As noted above, completion of
the attached Election of Proceeding form conforms to these requirements. Specifically, your
response must contain:
(a) The name and address of the party making the request, for purpose of service;
(b) A statement that the party is requesting a hearing involving disputed issues of
material fact, or a hearing not involving disputed issues of material fact; and
(c) A reference to the notice, order to show Cause, administrative complaint, or other
communication that the party has received from the agency.
Ifa hearing of any type is requested, you have the right to be represented by counsel or
other qualified representative at your expense, to present evidence and argument, to call and
cross-examine Witnesses, and to compel the attendance of Witnesses and the Production of
documents by subpoena.
Ifa proceeding is requested and there is no dispute of material fact, the provisions of
section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written
the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in
Tallahassee, Florida, or by telephonic conference cal] upon your request.
you must request an adversarial Proceeding pursuant to sections 120.569 and 120.57(1), Florida
Statutes. These Proceedings are held before a State administrative law judge of the Division of
Administrative Hearings. Unless the Majority of witnesses are located elsewhere, the
Department wil] request that the hearing be conducted in Tallahassee, Florida.
Failure to follow the procedure outlined with regard to your response to this notice may
shall operate as a valid request for an administrative Proceeding. Any request for an
administrative proceeding received prior to the date of this notice shall be deemed abandoned
unless timely renewed in compliance with the guidelines as set out above.
the Department of F inancial Services,
DATED and SIGNED this x 7 ies day of April, 2003.
KAREN CHANDLER
Deputy Chief Financial Officer
wa
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT and ELECTION OF PROCEEDING has been furnished to: ERNEST WILLIAM
NORMAN, 5644 Horseshoe Point Road, Stuart
o +
AL aay of April, 2003.
» Florida 34997-2415 by Personal Service this
William W. Tharpe, Jr.
Division of Legal Services
200 East Gaines St.
612 Larson Building
Tallahassee, Florida 32399-0333
(850) 413-4110
Florida Bar Number 31241]
COMPLETE THIS SECTION ON DELIVERY
i 2. Article Number | i |
x a:
D, Is delivery address different ffom item 17°:
7LbO 3901 9844 2700 425b
3. Service Type CERTIFIED MAIL
ItYES, enter delivery address below:
4. Restricted Delivery? (Extra Fee)
1. Article Addressed to:
ERNEST WILLIAM NORMAN
5644 HORSESHOE POINT ROAD
STUART FL 34997-2415
RESTRICTED
DELIVERY
PS Form 3811, July 2001 Domestic Return Receipt
62399-03-AG
4/29/03
Tharpe AC
Docket for Case No: 03-001995PL
Issue Date |
Proceedings |
Jul. 28, 2003 |
Order Closing File. CASE CLOSED.
|
Jul. 25, 2003 |
Joint Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Jul. 24, 2003 |
Response to Request to Produce filed by Respondent.
|
Jul. 24, 2003 |
Notice of Filing Answers to Interrogatories filed by Respondent.
|
Jul. 24, 2003 |
Notice of Appearance (filed by L. Brady-Alten, Esquire).
|
Jul. 03, 2003 |
Re-Notice of Taking Deposition Duces Tecum, E. Norman (filed via facsimile).
|
Jul. 03, 2003 |
Order Granting Petitioner`s Motion to Shorten Time.
|
Jun. 30, 2003 |
Notice of Appearance (filed by L. Brady-Alten, Esquire).
|
Jun. 23, 2003 |
Petitioner`s Motion to Shorten Time for Respondent to Answer First Set of Interrogatories (filed via facsimile).
|
Jun. 23, 2003 |
Notice of Service of Petitioner`s First Set of Interrogatories (filed via facsimile).
|
Jun. 23, 2003 |
Notice of Taking Deposition Duces Tecum, E. Norman (filed via facsimile).
|
Jun. 23, 2003 |
Notice of Appearance (filed by W. Temple, Esquire, via facsimile).
|
Jun. 10, 2003 |
Order of Pre-hearing Instructions.
|
Jun. 10, 2003 |
Notice of Hearing (hearing set for August 5, 2003; 9:30 a.m.; Stuart, FL).
|
Jun. 06, 2003 |
Letter to Judge Sartin from E. Norman in reply to Initial Order (filed via facsimile).
|
May 29, 2003 |
Initial Order issued.
|
May 28, 2003 |
Administrative Complaint filed.
|
May 28, 2003 |
Election of Proceeding filed.
|
May 28, 2003 |
Agency referral filed.
|