. | 4 OA-479 Ph FILED - G2 is id i 3 THE TREASURER OF THE STATE OF FLORIDA £8 oct OO py 2001 DEPARTMENT OF INSURANCE q 5 i TOM GALLAGHER a IN THE MATTER OF: . CASE NO.: 43047-01-AG WILLIAM C. HURLEY / ADMINISTRATIVE COMPLAINT TO: WILLIAM C. HURLEY 695 AIAN. Unit 24 Ponte Vedra Beach, FL. 32082-2750 WILLIAM C. HURLEY Carter Insurance 5972 University Blvd. W. Jacksonville, FL. 32216-4988 You, WILLIAM C. HURLEY, license LD. #D047821, 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 a limited customer representative in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, WILLIAM C. HURLEY, are currently licensed in this state as a limited customer representative (4-42), 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance (hereinafter “Department”) has jurisdiction over your insurance license and appointment. roo 3. On or about May 9, 1974, in the Circuit Court of the Fourth J; udicial Circuit in and for Clay County, Florida, Case No. 14-54C, you, WILLIAM C. HURLEY, pled nolo contendre to possession of a controlled substance and possession of controlled substance implements. On or about May 9, 1974, adjudication was withheld, and you, WILLIAM C. HURLEY were sentenced to one (1) year probation. COUNT I 4. The above general allegations are realleged and fully incorporated herein by reference. 5. On or about August 17, 2000, you, WILLIAM C. HURLEY, did swear to and sign an application for licensure as a limited customer representative. 6. On the aforementioned application, you, WILLIAM C. HURLEY, while under oath, and in response to the question: "Have you ever been convicted, found guilty, or pleaded guilty or nolo contendere (no contest) 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 adjudication was withheld or a judgment of conviction was entered?”, did answer in the negative. 7. On the aforementioned application, you, WILLIAM C. HURLEY, while under oath, and in response to the question: "Have you ever been convicted, found guilty, or pleaded guilty or nolo contendere (no contest) to a felony under the laws of any municipality, county. state, territory, or country, whether or not adjudication was withheld or a judgment of conviction was entered?”, did answer in the negative. 8. On the aforementioned application, you, WILLIAM C. HURLEY, in your answers to the above-referenced questions, knew or should have known that your responses to said Ne eA Mae Dae ce ee questions were false and material misrepresentations of fact, based upon you previously having pleaded guilty to felony charges. 9. Relying, in part, on your sworn denial of having pleaded guilty to any priot felony charges in your application for licensure, the Department did license you, WILLIAM C. . HURLEY, as a limited customer representative on August 17, 2000. IT IS THEREFORE CHARGED that you, WILLIAM C. HURLEY, 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 appointment as specified in this code. [Section 626.611(1), Florida Statutes]; ~ (b) Material misstatement, misrepresentation, or fraud in obtaining the license or appointment or in attempting to obtain the license or appointment. [Section 626.611(2), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; . (d) 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 626.611(13), Florida Statutes]; (e) Having been found guilty of or having pleaded guilty or nolo contendere to a felony or a crime punishable by imprisonment of | 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 [vey CUT rr eer oa creep ore a eh a regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases. [Section 626.61 1(14), Florida Statutes]; (f) 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]; (g) 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]; (h) 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 C. HURLEY, 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 a | EL RE SR RE RE CE CR RE “Se RETR rE eNO SET gna oy i } 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, Ifyou 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; ome ee oer ER Cee reper RE eR RE oe mene ere cre 7 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 /3& day of O-fober_,2001. fo Supe, KENNEY SHIPLEY Deputy Insurance Commissioner Fromme or tr oe CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: WILLIAM C. HURLEY, 695 A1AN., Unit 24, Ponte Vedra Beach, FL. 32082-2750 ; WILLIAM C. HURLEY, Carter Insurance, 5972 University Blvd. W., Jacksonville day of Oc fobee , 2001. » FL. 32216-4988; by Certified Mail this /3~ Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-033 (850) 922-3110 Ext. 4110

Docket for Case No: 02-000479PL