Petitioner: DEPARTMENT OF INSURANCE
Respondent: JAMES PAUL COOTS
Judges: CHARLES C. ADAMS
Agency: Department of Financial Services
Locations: Tallahassee, Florida
Filed: Feb. 21, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 26, 2002.
Latest Update: Oct. 05, 2024
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FILED
THE TREASURER OF THE STATE OF FLORIDA MAY 2 2001
DEPARTMENT OF INSURANCE
TOM GALLAGHER ; Docketed by: ( H A
IN THE MATTER OF:
JAMES PAUL COOTS CASE NO.: 41326-01-AG
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ADMINISTRATIVE COMPLAINT a
TO: JAMES PAUL COOTS “°
4850 Heathe Dr. 2
Tallahassee, FL 32308-2133 Or SS
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You, JAMES PAUL COOTS, aré 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 642, Florida Statutes, you, JAMES PAUL COOTS, are
currently licensed in this state as a legal expense agent.
, 2. Pursuant to Chapter 642, Florida Statutes, the Florida Department of Insurance
(hereinafter “Department”) has jurisdiction over your insurance license and appointments.
3. On or about June 19, 1980, in the United States District Court for the Middle
District of Tennessee, Case No. 80-30041, you, JAMES PAUL COOTS, pled guilty to uttering
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counterfeit money, a felony. On or about June 19, 1980, you, JAMES PAUL COOTS, were
sentenced to two (2) years probation.
COUNT I
4. The above general allegations are hereby realleged and fully incorporated herein
by reference.
5. On or about January 20, 2000, you, JAMES PAUL COOTS, did swear to and sign
an application for licensure as a legal expense agent.
6. On the aforementioned application, you, JAMES PAUL COOTS, 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, JAMES PAUL COOTS, while under
oath, and in response to the question: "Have you ever been convicted, found guilty, or pleaded
guilty or nolo contendere to a felony 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.
8. On the aforementioned application, you, JAMES PAUL COOTS, in your answers
to the above-referenced questions, knew or should have known that your responses to said
questions were false and material misrepresentations of fact, based upon you previously having
pleaded guilty to a felony.
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9. Relying, in part, on your sworn denial of having pleaded guilty to any prior felony
charges in your application for licensure, the Department did license you, JAMES PAUL
COOTS, as a legal expense agent on February 4, 2000.
IT IS THEREFORE CHARGED that you, JAMES PAUL COOTS, 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) Material misstatement, misrepresentation, or fraud in attempting to obtain the license
or appointment. [Section 642.041(1), 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. 642.01 1-642.049. [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];
’ (e) 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, JAMES PAUL COOTS, are hereby notified that the Treasurer and
Insurance Commissioner intends to enter an Order suspending or revoking your licenses and
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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
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
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dispute of fact, if you feel that a hearing is necessary one will be conducted in Tallahassee,
Florida or by telephonic conference cali 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
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of this notice shall be deemed abandoned unless timely renewed in compliance with the
guidelines as set out above.
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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: JAMS PAUL COOTS,
4850 Heathe Dr., Tallahassee, FL 32308-2133; by Certified Mail this 2day of
2001.
WILLIAM W. THARPE, J
Division of Legal Services
200 East Gaines St.
612 Larson Building
Tallahassee, Florida 32399-033
(850) 413-3110 Ext. 4110
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Docket for Case No: 02-000689PL
Issue Date |
Proceedings |
Mar. 26, 2002 |
Order Closing File issued. CASE CLOSED.
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Mar. 25, 2002 |
Joint Motion to Cancel the Section 120.57(1) Proceeding (filed via facsimile).
|
Mar. 22, 2002 |
Letter to J. Coots from A. Miller regarding exhibits filed.
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Mar. 21, 2002 |
Notice of Withdrawal of Counsel filed by J. Gray.
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Mar. 18, 2002 |
Notice of Appearance of Additional Counsel (filed by L. Jackson via facsimile).
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Mar. 06, 2002 |
Order of Pre-hearing Instructions issued.
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Mar. 06, 2002 |
Notice of Hearing issued (hearing set for March 29, 2002; 9:00 a.m.; Tallahassee, FL).
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Mar. 01, 2002 |
Unilateral Response to Initial Order (filed by Petitioner via facsimile).
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Feb. 22, 2002 |
Initial Order issued.
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Feb. 21, 2002 |
Election of Rights (filed via facsimile).
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Feb. 21, 2002 |
Request for Hearing (filed via facsimile).
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Feb. 19, 2002 |
Administrative Complaint filed.
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Feb. 19, 2002 |
Agency referral filed.
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