FILED °° JUL 12 2000 THE TREASURER OF THE STATE OF FLORIDA Docketed by: { Z 4 DEPARTMENT OF INSURANCE BILL NELSON O0-dows IN THE MATTER OF: CASE NO.: 34945-00-AG WILLIAM RUTH REGISTER ADMINISTRATIVE COMPLAINT TO: WILLIAM RUTH REGISTER 506 Glen Arven Dr. Thomasville, GA 31792-6839 WILLIAM RUTH REGISTER P.O. Box 2386 Thomasville, GA 31799-2386 You, WILLIAM RUTH REGISTER, are hereby notified that the Insurance ? Commissioner 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, WILLIAM RUTH REGISTER, are currently licensed in this state as a nonresident life and health agent. 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance has jurisdiction over your insurance license and appointments, 3. On or about May 15, 1964, in the Superior Court of Muscogee County, Georgia, Case No. 23237, you, WILLIAM RUTH REGISTER, pled nolo contendere to two (2) counts of involuntary manslaughter, a felony. On May 15, 1964, you, WILLIAM RUTH REGISTER were sentenced to four (4) years in a Georgia penitentiary. COUNT I 4. The above general allegations are realleged and fully incorporated herein by reference. 5. On or about March 16, 1987, you, WILLIAM RUTH REGISTER, did swear to and sign an application for licensure as nonresident life and health agent. 6. On the aforementioned application, you, WILLIAM RUTH REGISTER, while under oath, and in response to the question: "Have you ever been charged with a felony?”, did answer in the negative. 7. On the aforementioned application, you, WILLIAM RUTH REGISTER, 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, based upon you previously having pleaded nolo contendere to a felony. 9. Relying, in part, on your sworn denial of having been charged with a prior felony in your application for licensure, the Department did license you, WILLIAM RUTH REGISTER, as a nonresident life and health agent on April 2, 1987. IT IS THEREFORE CHARGED that you, WILLIAM RUTH REGISTER, have violated or 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: (a) Lack of one or more of the qualifications for the license or permit as specified in this code. [Section 626.611(1), Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), 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 this code. [Section 626.61 1(13), Florida Statutes]; (d) 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 or of any state thereof or under the law of any other country which involves moral turpitude, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases. [Section 626.611(14), Florida Statutes]; (e) Any cause for which issuance of the license or appointment could have been refused had it then existed and been known to the department. [Section 626.621(1), Florida Statutes]; (f) Violation of any provision of this code or of any other law applicable to the business of insurance in the course of dealing under the license or appointment. [Section 626.621(2), Florida Statutes]; (g) 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 or of any state thereof or under the law of any other country, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases. [Section 626.621(8), Florida Statutes]. WHEREFORE, you, WILLIAM RUTH REGISTER, 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 626.611, 626.621, 626.681, 626.691, and 626.9521, 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 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 of the 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 Sections 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; 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 of witnesses are located elsewhere the Department will request that the hearing be conducted in Tallahassee. Ifa 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 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. DATED and SIGNED this /2 th say of ely , 2000. EAL Nikon NELSON Treasurer and Insurance Commissioner CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Ene we ie COMPLAINT and ELECTION OF RIGHTS has been furnished to: nae RUTH REGISTER, REGISTER, 506 Glen Arven Dr., Thomasville, GA 31792-6839, WILL MR AREG P.O, Box 2386, Thomasville, GA 31799-2386; by Certified Mail this /2 ry { , 2000. WILLIAM W. THARPE J Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 922-3110 Ext. 4110 SENDER: ComPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY @ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. @ Print your name and address on the reverse So that we can return the card to you. @ Attach this card to the back of the mailpiece, or on the front if space permits. A, Received by (P Print Clearly) |B. Date of Delivery <— t o £ 5 7 od Z~ 1m 0 aig 4 Oi Agent SENDER: COMPLETE THIS SECTION ® Qomplete items 1, 2, and 3. Also complete ifem 4 if Restricted Delivery is desired. @ Print your name and address on the reverse So that we can return the card to you. § Attach this card to the back of the mailpiece, or on the front if Space permits. COMPLETE THIS SECTION ON DELIVERY A. Received by (Please Print Clearly) |B. Date Of Delivery = 7 n Bey different kfyitem 17 C) Yes 1t YES, enter detivery address below: ONo 1. Article Addressed to: WILLIAM RUTH REGISTER PO BOX 2386 | THOMASVILLE, GA 3. Service Type Certified Mait 1 Express Mail CO Registered O Return Receipt for Merchandise O insured Mail = Gop. . Restricted Delivery? (Extra Fee) Article Number (Copy trom Service label) 1 = ZC = So - YS / > Form 3811, July 1999 Domestic Return Receipt 102595-99-M-17¢9

Docket for Case No: 00-004029PL