STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT ) OF INSURANCE AND TREASURER, )

)

Petitioner, )

)

vs. ) CASE NO. 86-1734

)

THEODORE RILEY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearing, by its duly designated Hearing Officer, William J. Kendrick, held a public hearing in the above-styled case on August 21, 1986, in Miami, Florida.

APPEARANCES

For Petitioner: David G. Poucher, Esquire

Department of Insurance and Treasurer 413-B Larson Building

Tallahassee, Florida 32301

For Respondent: Lee Weissenborn, Esquire Oldhouse

235 Northeast 26th Street Miami, Florida 33137

FINDINGS OF FACT

1. By Administrative Complaint filed May 28, 1986, Petitioner, Department of Insurance and Treasurer (Department) charged that Respondent, Theodore Riley (Riley), while employed as an adjuster by United States Fidelity and Guaranty Group, (USF&G), did wrongfully obtain the sum of $400 from a workmens compensation claimant to assure that USF&G would not contest the claim (Count I). The complaint further alleged that on September 16, 1985, Riley entered a plea of nolo contendere to an information charging a violation of Section 812.014, Florida Statutes, a felony of the second degree and a crime involving moral turpitude, and that the court withheld adjudication and placed Riley on 18 months probation (Count II). The Department concluded that such conduct demonstrated, inter alia, a lack of fitness or trustworthiness to engage in the business of insurance; fraudulent or dishonest practices in the conduct of business under the license or permit; and, a plea of nolo contendere to a felony involving moral turpitude. Section 626.611(7),(9) and (14), Florida Statutes.

   
   

2. At hearing, Riley entered a plea of no contest to Count II of the Administrative Complaint in exchange for the Department's dismissal of Count I of the Administrative Complaint and the Department's agreement that the penalty imposed would be limited to a suspension of his eligibility for licensure for a

   period of two (2) years. While not conditioning his agreement to a two year suspension, Riley did request that the Department consider crediting the time he has been on probation against the two year suspension.

   
   

3. The evidence shows that Riley was arrested and charged with the subject offense in March 1985, that he entered a plea of nolo contendere, that adjudication of guilt was withheld, and that he was placed on probation for 18 months commencing September 16, 1985. As a special condition of probation, Riley was ordered not to apply for an adjuster's license during the term of his probationary period.

   
   

4. Consistent with the terms of his probation, Riley has not renewed his adjusters' license. The Department's records reflect that Riley's license was last due for renewal, but not renewed, on April 1, 1985.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

6. Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent's eligibility for licensure as an insurance

agent be suspended for two (2) years from September 16, 1985.

DONE AND ORDERED this 26th day of August, 1986, at Tallahassee, Florida.

WILLIAM KENDRICK, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 26th day of August, 1986.

COPIES FURNISHED:

Honorable William Gunter State Treasurer and Insurance

Commissioner

The Capitol, Plaza Level Tallahassee, Florida 32301

Don Dowdell, Esquire General Counsel

The Capitol, Plaza Level Tallahassee, Florida 32301

Robert H. Crary, P.A.

Suite 300, 1460 Brickell Avenue

Miami, Florida 33131

Theodore Riley

4500 S. W. 102nd Place Miami, Florida 33165

Lee Weissenborn, Esquire

235 N. E. 26th Street Oldhouse

Miami, Florida 33137

Docket for Case No: 86-001734

Orders for Case No: 86-001734