FILED eo =P} pec 28 1999 UND RPARTENTOF INSURANCE DAYS: PH Us ug GK BILL NELSON ah iy, ; (IN THE MATTER OF: ‘Ob 4 2% CASE NO.: 33182-99-AG CARLA SUE KOLAZ / ADMINISTRATIVE COMPLAINT TO: CARLA SUE KOLAZ 5544 Avenida Del Mare Sarasota, FL 34242-1915 You, CARLA SUE KOLAZ, are hereby notified that the Insurance Commissioner of the tate 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. currently licensed in this state as a legal expense agent. 2. Pursuant to Chapter 642, Florida Statutes, you, CARLA SUE KOLAZ, are Pursuant to Chapter 642, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance license and appointments. 3. On or about March 24, 1983, in the United States District Court, for the Central District of Illinois, Case No. 82-30091, you, CARLA SUE KOLAZ, pled guilty to four (4) U UY counts of mail fraud, a felony. On June 23, sna was withheld and you, CARLA SUE KOLAZ, were sentenced to one (5) year pr C ation and ordered to make restitution. UNT I 4. The above general allegations are hereby realleged and fully incorporated herein by reference. 5. On or about February 13, 1999, you, CARLA SUE KOLAZ, did swear to and sign an application for licensure as a legal expense agent. 6. On the aforementioned application, you, CARLA SUE KOLAZ, while under oath, and in response to the question: "Have you ever been convicted, found guilty, or pleaded guilty or nolo contendere to a crime punishable by imprisonment of one (1) year or more under the laws of any municipality, county, state, territory , or country, whether or not a judgment of conviction has been entered?”, did answer in the negative. 7. On the aforementioned application, you, CARLA SUE KOLAZ, in your answer to the above-referenced question, knew or should have known that your response to said question was false and a material misrepresentation of fact] guilty to a felony. based upon you previously having pleaded 8. Relying, in part, on your sworn denial of having had pleaded guilty to any prior felony charges in your application for licensure, the Department did license you, CARLA SUE KOLAZ, as a legal expense agent on March 19, 1999. IT IS THEREFORE CHARGED that you, CARLA SUE KOLAZ, have violated cr are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Insurance which constitute grounds for the suspension or revocation of your licenses and appointments: Ne Cran U (a) Material misstatement, misrepresentation, or fraud in obtaining the license or permit or in attempting to obtain the license or permit. [Section 642.041(2), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of legal expense insurance. [Section 642.041(5), Florida Statutes]; (c) Willful failure to comply with, or willful violation of, any proper order or rule of the department or willful violation of any provision of ss. 642.011-642.049 [Section 642.041(10), Florida Statutes}; (d) Any cause for which issuance of the license or permit could have been refused had it then existed and been known to the department at the time of application. [Section 642.043(1), Florida Statutes]; (63) Having been found guilty of or having pleaded guilty or nolo contendere to a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States of America or of any state thereof or under the law of any other country, whether or not a judgment of conviction has been entered. [Section 642.043(6), Florida Statutes]; WHEREFORE, you, CARLA SUE KOLAZ, are hereby notified that the Treasurer and Insurance Commissioner 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 642.041, 642.043, 642.045, and 642.047, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS Pursuant to Sections 120.569 and 120.57, Florida Statutes and Rule 28-106, Florida Administrative Code (F.A.C.), you have a right to request a proceeding to contest this action by the Department. You may elect a proceeding by completing the attached Election of Rights form Cran U or filing a Petition. Your Petition or Election of a proceeding must be in writing and must be filed with the General Counsel acting as the Agency Clerk, Department of Insurance. If served by U.S. Mail the Petition or Election should be addressed to the Florida Department of Insurance at 612 Larson Building, Tallahassee, Florida 32399-0333. If Express Mail or hand delivery is utilized, the Petition or Election should be delivered to 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0300. The Petition or Election must be received by, and filed in the Department within twenty-one (21) days ofthe date of your receipt of this notice. YOUR FAILURE TO RESPOND TO THIS ADMINISTRATIVE COMPLAINT WITHIN TWENTY-ONE (21) DAYS 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. Ifa proceeding is requested and there is no dispute of fact the provisions of Section 120.57(2), Florida Statutes would apply. In this regard you may submit oral or written evidence in opposition to the action taken by this agency or a written statement challenging the grounds upon which the agency has relied. While a hearing is normally not required in 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 call upon your request. If you dispute material facts which are the basis for this agency's action you may request a formal adversarial proceeding pursuant to Sectians 120.569 and 120.57(1), Florida Statutes. If you request this type of proceeding, the request must comply with all of the requirements of Rule 28-106, F.A.C. and contain a) A statement identifying with particularity the allegations of the Department which you dispute and the nature of the dispute; U VU b) An explanation of what relief you are seeking and believe you are entitled to; c) Any other information which you contend is material. These proceedings are held before a State administrative law judge of the Division of Administrative Hearings. Unless the majority 0 witnesses are located elsewhere the Department will request that the hearing be conducted in Tallahassee. If'a hearing is requested, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and to cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. You are hereby notified that mediation under Section 120.573, Florida Statutes, is not available. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior correspondence in this matter shall be considered freeform agency action, and no such correspondence shall operate as a valid request for an administrative proceeding. Any request for admii nistrative 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. ad DATED and SIGNED this_2<3 ~~ day of Lucente. 1999, L NELSON Treasurer and Insurance Commissioner Cin U CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: CARLA SUE KOLAZ, 5544 Avenida Del Mare, Sarasota, FL 34242-1915; by Certified Mail this 2 3 day of Deconber 1999. Vilsack behan PATRICK CREEHAN Division of Legal Services ; 612 Larson Building | Tallahassee, Florida 32399-033 | (850) 922-3110 Ext. 4189 DEPARTMENT OF INSURANCE" Le D DIVISION OF LEGAL SERVICES 00 JAN 25 PH &: 46 DWV S iy oe IN THE MATTER OF: ADMINISTRATIVE HE ARI NGS | CARLA SUE KOLAZ CA 1O. 33182-99-AG / : Thave received and have read the Administrative Complaint filed against me including the Notice of Rights contained therein and I understand my options (Choose One) Tam requesting disposition of this matter as indicated below. 1. (] Ido not desire a proceeding. The Department may enter a final order revoking my license(s). 2. I do not dispute any of the Department’ conducted in accordance with section CJ submit a written statement and doc ([) attend an informal hearing to be he (D) attend an informal hearing by way 3. (J Ido dispute the Department’s factual al specific issues of fact which are disputed and other required information indicated in the Notice of Rights. I hereby request a formal adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. DATE: TO PRESERVE YOUR RIGHT TO factual allegations and I hereby elect an informal proceeding to be 120.572), Florida Statutes. In this regard, I desire to (Choose One): tumentary evidence; id in Tallahassee; or of a telephone conference call. egations. I have attached to this form a statement indicating the PROCEEDING, YOU MUST RETURN THIS FORM WITHIN TWENTY-ONE (21) D. OF RECEIPT TO THE DEPARTMENT INSURANCE AT THE ADD! Signature of Petitioner A Name: YS Address: —____ OF SS INDICATED IN THE NOTICE OF RIGHTS. Phone:

Docket for Case No: 00-000428