Sama RR ~ BILL NELSON in this state as a fire safet ins ector. FILED NOV 14 2099 DE SEP19 PH 3:4 InsuRteAS URE 0 THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSUR WE (0) |-372GFLE IN THE MATTER OF: IAN J. HICKIN CASE NO.: 35690-00-FM ADMINISTRATIVE COMPLAINT TO: IANJ. HICKIN 16400 Baypoint Blvd., Apt. F102 North Fort Myers, Florida 33917 You, IAN J. HICKIN, are hereby notified that the Insurance Commissioner of the State of Florida, acting in his capacity as State Fire Marshal, has caused to be made an investigation of your activities while certified as a fire safety inspector in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 633, Florida Statutes, you, IAN J. HICKIN, are currently certified 2 _At all times Pursuant t to the. dates and occurrences refered to ) herein, you, IAN J. HICKIN, were certified in this state as a fire safety inspector. 3. Pursuant to Chapter 633, Florida Statutes, the Florida Department of Insurance has jurisdiction over your fire safety inspector certification. nn cenant te SESS NERA RRR RSME ” COUNTI 4. The above general allegations are realleged and incorporated by reference herein. 5. On or about September 25, 1999, you, IAN J. HICKIN, applied for renewal of your certificate as a fire safety inspector in this state, which certificate was due to expire on October 1, 1999. 6. In order to renew your certification as a fire safety inspector and pursuant to Section 633.081(5), Florida Statutes, you, IAN J. HICKIN, were required to attend a minimum of forty hours of courses, seminars, or conferences as continuing education conducive to your certification during the prior three-year certification period. In compliance with this requirement, you IAN J. HICKIN, submitted a course certificate to the Department indicating that you had completed a course of instruction, FFP 1300, entitled “Codes and Standards”, Frank Rizzo, instructor, in September, 1999. | 7 . You, IAN J. HICKIN, submitted to the department a false certificate with the signature of Frank Rizzo fraudulently attached thereto. You, IAN J. HICKIN, at no time attended any course of instruction in September, 1999, conducted by Frank Rizzo. At no time, did Frank Rizzo 7 sign a certification as instructor certifying that you. IAN J. HICKIN had completed an 1 authorized 7 ‘course off instruction. You, IAN J. HICKIN, were aware or should have been aware cof these facts & As a result of the false and fraudulent certificate submitted by you, IAN I HICKIN, the department issued your certificate in this state as a certified fire safety inspector. IT IS THEREFORE CHARGED that you, IAN J. HICKIN, have violated or are accountable under the following provision(s) of Chapter 633 Florida Statutes which constitute grounds for the revocation of your certification as a fire safety inspector: 2 ETS SSN KER Seneca (a) Any cause for which issuance of a certificate could have been refused had it then existed and been known to the State Fire Marshall. [Section 633.081 (6)(a), Florida Statutes. ] (b) Falsification of records relating to the certificate. [Section 633.081(6)(c), Florida Statutes] (c) Failure to meet any renewal requirements. [Section 633.081(6)(e), Florida Statutes] WHEREFORE, you, IAN J. HICKIN, are hereby notified that the Treasurer and Insurance Commissioner, as State Fire Marshal, intends to enter an Order revoking your certification as a fire safety inspector or to impose such penalties as may be provided under the provisions of Sections 633.081(6), 633.163 and 633.167, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. You are further notified that any order entered in this case revoking or suspending any certificates or eligibility for certification held by you shall also apply to all other licenses and eligibility held by you under Chapter 633, Florida Statutes. NOTICE OF RIGHTS Pursuant to sections 120.569 and 120.57, Florida Statutes and Rule Chapter 28-106, Florida Administrative Code, you have the 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 n 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 Orne neces Ae ACA EAA NN. i Street, Tallahassee, Florida 32399-0333. 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. If a 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 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 Chapter 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 i will request that the hearing be conducted in Tallahassee. 4 If you request a hearing, you have the right to be represented by counsel, or other qualified representative, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf. 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 [4 fad day of Anum hbn , 2000. x &, ILL NELSON Insurance Commissioner and State Fire Marshal een ee ese aH Sr LARA na mee SE CERTIFICATE OF ESERVICE ts eae es _I HEREBY CERTIFY that a a true e and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been furnished to: ): IAN J, HICKIN, 16400 Baypoint Blvd., F102, N. Ft. Myers, Florida 33917 by U.S. Certified Mail this (4 day of Clin by, 2000. 612 Larson Building Tallahassee, Fl 32399-0333 (904) 922-3110 Ext.4126

Docket for Case No: 01-003736PL