STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DAVID L. PIERCE, )
)
Petitioner, )
)
vs. ) CASE NO. 76-1753
)
DEPARTMENT OF BANKING AND ) FINANCE, DIVISION OF FINANCE )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, and administrative hearing was scheduled for 2:00 P. M. on March 29, 1977, in Room 417 of the Broward County Courthouse, Ft. Lauderdale, Florida, before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings.
APPEARANCES
For Petitioner: No Appearance
For Respondent: Richard E. Gentry
Assistant General Counsel Office of the Comptroller The Capitol
Tallahassee, Florida 32304 PROCEDURAL BACKGROUND
On August 23, 1976, respondent issued to petitioner its notice of intent to deny petitioner's application for registration as a mortgage solicitor. The stated reasons for such denial were set forth in an accompanying document entitled "Administrative Charges and Complaint." Respondent determined that petitioner did not meet the proper qualifications necessary to be licensed as a mortgage solicitor in that he had been found guilty and was still on probation for certain offenses relating directly to the mortgage brokerage industry. By an "answer" filed with respondent on September 22, 1976, petitioner, through counsel, admitted the material factual allegations of the "Administrative Charges and Complaint," but denied the conclusory allegations and requested a hearing. After some correspondence between the undersigned and counsel for the parties regarding the setting of a hearing date, petitioner's counsel withdrew from representation of petitioner. On February 8, 1977, the undersigned wrote both parties suggesting a hearing date of March 29, 1977, and asking the parties to notify her on or before February 18, 1977, if said date was inconvenient.
Receiving no response, the notice of hearing for March 29, 1977, was issued on February 28, 1977. Petitioner did not appear at the hearing.
FINDINGS OF FACT
1. On January 8, 1975, the United States District Court, District of Delaware, entered a "judgment and probation/commitment order," finding petitioner guilty of violating Title 18, United States Code, Sections 1010 and
371. These charges involved, inter alia, making, passing, uttering and publishing false statements and forged instruments in connection with the obtaining of mortgage insurance under the provisions of the National Housing Act. Petitioner was fined $2,500.00 and sentenced to serve three years imprisonment, the remainder to be suspended after six months and petitioner to be placed on probation for the remaining thirty months.
On or about July 9, 1976, petitioner applied to respondent for registration as a mortgage solicitor. For the reason that petitioner was found guilty as described in paragraph one above, respondent determined that petitioner did not meet the proper qualifications to be licensed and issued its notice of intent to deny said license.
In his answer and request for a hearing, petitioner admitted the material factual allegations of the complaint. Petitioner did not appear and therefore offered no evidence in his own behalf.
CONCLUSIONS OF LAW
Florida Statutes Section 494.05(4) provides that the respondent may refuse a license if it determines that an applicant does not meet all the requirements of Florida Statutes 494.04. Among the requirements of Florida Statutes 494.04 is that respondent inquire into the experience, background, honesty, truthfulness, integrity and competency of the applicant as to financial transaction involving primary or subordinate mortgage financing. Respondent found that the offenses for which petitioner was adjudicated guilty by the United States District Court related directly to the mortgage brokerage industry and therefore that petitioner did not meet the proper qualifications necessary to be licensed as a mortgage solicitor. As noted above, petitioner, who had the burden of proof to illustrate that he possessed the necessary qualifications for licensure, failed to appear at the hearing and therefore offered no proof.
It is concluded that respondent's determination not to issue the license to petitioner is within the discretion permitted it under Florida Statutes 494.05(4) and is supported by uncontradicted evidence and sufficient grounds therefore.
Based upon the findings of fact and conclusions of law recited above, it is recommended that petitioner's application for registration as a mortgage solicitor be DENIED.
DONE AND ORDERED in Tallahassee, Leon County, Florida, this 13th day of April, 1977.
DIANE D. TREMOR
Hearing Officer
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 13th day of April, 1977
COPIES FURNISHED:
Mr. David L. Pierce 891 West Tropical Way
Plantation, Florida 33317
Richard E. Gentry, Esquire Assistant General Counsel Office of the Comptroller The Capitol
Tallahassee, Florida 32304
Joseph M. Ehrlich Deputy Director Division of Finance
Department of Banking and Finance
335 Carlton Building Tallahassee, Florida 32304
Comptroller Gerald A. Lewis The Capitol
Tallahassee, Florida 32304
Issue Date | Proceedings |
---|---|
Apr. 29, 1977 | Final Order filed. |
Apr. 13, 1977 | Recommended Order sent out. CASE CLOSED. |
Issue Date | Document | Summary |
---|---|---|
Apr. 28, 1977 | Agency Final Order | |
Apr. 13, 1977 | Recommended Order | Petitioner did not show himself entitled to mortgage broker's license because of felonies directly relating to mortgage brokering. |