FILED ws NEY AUG 29 2002 tnd THE TREASURER OF THE srl CEP guy 12: w/ DEPARTMENT OF INSURANCE * 5 Sdooketed by: TOM GALLAGHER Ag! BATIVE tires HEARINGS IN THE MATTER OF: CASE NO.: 62056-02-AG , 0% OD19fL HAROLD GENE JARRELL ADMINISTRATIVE COMPLAINT TO: HAROLD GENE JARRELL 257 Gibson Rd. Havana, FL 3233-4492 HAROLD GENE JARRELL Western Southern Life 1560 Capital Circle NW STE 4 Tallahassee, FL 32303-3180 You, HAROLD GENE JARRELL, license 1.D. #4130327, 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, HAROLD GENE JARRELL, are currently licensed in this state as a Life & Health agent (2-18). 2. At all times pertinent to the dates and occurrences referred to herein, you, HAROLD GENE JARRELL, were licensed in this state as a Life & Health agent (2-18). 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Insurance (hereinafter “Department”) has jurisdiction over your insurance licenses and appointments. 4. At all times relevant to the dates and occurrences referred to herein you, HAROLD GENE JARRELL, were an agent of Monumental Life Insurance Company (hereinafter referred to as “Monumental Life”). 5. Atall times relevant to the dates and occurrences referred to herein, all funds received by you, HAROLD GENE JARRELL, from consumers or on behalf of consumers representing premiums for insurance policies, were trust funds pursuant to Section 626.561(1), Florida Statutes, and were received in a fiduciary capacity and were to be accounted for and paid over to the insurer, insured or other persons entitled thereto in the regular course of business. COUNT I 6. The above general allegations are hereby realleged and fully incorporated herein by reference. 7. Subsequent to your resignation on or about July 20, 2001, Monumental Life conducted an audit of their records for you, HAROLD GENE JARRELL. 8. According to the aforementioned audit, you, HAROLD GENE JARRELL, failed to remit a total of $814.05 worth of insurance policy premiums which you, HAROLD GENE JARRELL, had collected on behalf of and failed to remit to said company, plus $167.50 of unreturned company property for a total of $981.55. 9. As of the date of the filing of this Administrative Complaint, you, HAROLD GENE JARRELL, still have an outstanding debt of $245.58 with Monumental Life after applying your agents bonds and final paycheck. IT IS THEREFORE CHARGED that you, HAROLD GENE JARRELL, 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 license and appointments: (a) All premiums, return premiums, or other funds belonging to insurers or others received by an agent, customer representative, solicitor, or adjuster in transactions under his or her license are trust funds received by the licensee in a fiduciary capacity. An agent shall keep the funds belonging to each insurer for which he or she is not appointed, other than a surplus lines insurer, in a separate account so as to allow the department to properly audit such funds. The licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto. [Section 626.561(1), Florida Statutes]; (b) If the license or appointment is willfully used, or to be used, to circumvent any of the requirements or prohibitions of this code. [Section 626.61 1(4), Florida Statutes]; (c) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.611(7), Florida Statutes]; (d) Misappropriation, conversion, or unlawful withholding of moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license or appointment. [Section 626.611(10), Florida Statutes. ]; (e) Demonstrated lack of reasonably adequate knowledge and technical competence to engage in the transactions authorized by the license or appointment. [Section 626.61 1(8), Florida Statutes]; (f) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.611(9), Florida Statutes]; (g) 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]; (h) 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]; (i) In the conduct of business under the license or permit, engaging in unfair methods of competition or in unfair or deceptive acts or practices, as prohibited under part X of Chapter 626, Florida Statutes, or having otherwise shown himself or herself to be a source of injury or loss to the public or detrimental to the public interest. [Section 626.621(6), Florida Statutes]. COUNT I 10. Paragraphs 1, 2, and 3 of the above general allegations are hereby realleged and fully incorporated herein by reference. 11. On or before November 30th, 2001, you, HAROLD GENE JARRELL, moved your place of residence, principal business street address, or mailing address from the state of Florida to New York, and failed to notify the Department within 30 days of this change. IT IS THEREFORE CHARGED that you, HAROLD GENE JARRELL, 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) Every licensee shall notify the Department in writing within 30 days after change of name, residence address, principal business street address, or mailing address. [Section 626.551, Florida Statutes]; (b) Any licensed agent who has moved his or her residence from this state shall have his or her license and all appointments immediately terminated by the Department. [Section 626.551, Florida Statutes]; (c) 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]; (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]; WHEREFORE, you, HAROLD GENE JARRELL, are hereby notified that the Treasurer and Insurance Commissioner intends to enter an Order suspending or revoking your licenses and appointment 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 You have the right to request a proceeding to contest this action by the Department pursuant to sections 120.569 and 120.57, Florida Statutes, and Rule 28-107, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel as acting Agency Clerk, at the Florida Department of Insurance, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing. ‘YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE 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. Tf you request a proceeding, you must provide information that complies with the requirements of Rule 28-107.004, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically. your response must contain: (a) The name and address of the party making the request, for purpose of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. Ifa hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. Ifa proceeding is requested and there is no dispute of material fact, the provisions of section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department 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. However, if you dispute material facts which are the basis for the Departmeht’s action, you must request an adversarial proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes. 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. Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. All prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an 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, Mediation of this matter pursuant to section 120,573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department of Insurance. DATED and SIGNED this_g29% day of Huguet. 2002. \ KENNEY SHIPLEY f Deputy Insurance Commissioner CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF RIGHTS has been furnished to: HAROLD GENE JARRELL, 257 Gibson Rd., Havana, FL 3233-4492; HAROLD GENE JARRELL, Western Southern Life, 1560 Capital Cirele NW STE 4, Tallahassee, FL 32303-3180 by Certified Mail this 24 day of August , 2002. William W. Tharpe, Jr. Florida Bar Number 031 Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 Phone: (850) 413-4110 Fax: (850) 487-4907 “allah Maal,

Docket for Case No: 03-000379PL