Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: ARNOLD RABINOWITZ
Judges: LARRY J. SARTIN
Agency: Department of Financial Services
Locations: West Palm Beach, Florida
Filed: May 02, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 11, 2003.
Latest Update: Oct. 06, 2024
DEPARTMENT OF FINANCIAL SERVICES
APR 10 2003
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CHIEF FINANCIAL OFFICER Docketedh wack
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IN THE MATTER OF: ~o °..
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CASE NO.: 67268-03‘AG. =
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ARNOLD RABINOWITZ / OA. \69OS PL ev} oP
ADMINISTRATIVE COMPLAINT
TO: ARNOLD RABINOWITZ
678 Sunny South Avenue
Boynton Beach, Florida 33436
You, ARNOLD RABINOWITZ, are hereby notified that the Chief Financial Officer 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, ARNOLD RABINOWITZ, are
currently licensed in this state as a Resident Life and Variable Annuity Contracts Salesman (2-
18), Health (2-40) agent. Your license I.D. is #A069535.
2.
14), Life, Health and Variable Annuity Contracts Salesman (2-15), Life (2-16), Life & Health (2-
At all times pertinent to the dates and occurrences referred to herein, you,
ARNOLD RABINOWITZ, were licensed in this state as an insurance agent.
3.
Pursuant to chapter 626, Florida Statutes, the Florida Department of Financial
Services has jurisdiction over your insurance licenses and appointments.
COUNT I
4. The above general allegations are hereby realleged and fully incorporated herein
by reference.
5. On or about September 6, 2001, you, ARNOLD RABINOWITZ, as a licensed
insurance agent, solicited and sold to L.G. and J.G. of Loxahatchie, Florida, a group health
insurance plan through an entity known as TRG.
6. At all times material herein, TRG was an entity unauthorized to conduct insurance
business in the state of Florida.
7. TRG has failed to pay L.G. and J.G.’s medical claims or any portion thereof and
their health insurance policy is non-existent. As a result, they have incurred a financial liability
of unpaid medical bills in excess of $1,300.
IT IS THEREFORE CHARGED that you, ARNOLD RABINOWITZ, have violated or
are accountable under the following provisions of the Florida Insurance Code and Rules of the
Department of Financial Services which constitute grounds for the suspension or revocation of
your licenses and appointments:
(a) No person shall transact in this state, or relative to a subject of insurance resident,
located, or to be performed in this state, without complying with the applicable provisions of this
Code. [Section 624.11, Florida Statutes];
(b) Demonstrated lack of fitness or trustworthiness to engage in the business of
insurance. [Section 626.611(7), Florida Statutes];
(c) Demonstrated lack of reasonably adequate knowledge and technical competence to
engage in the transactions authorized by the license or appointment. [Section 626.611(8), Florida
Statutes];
(d) Violation of any provision of this Code or any law applicable to the business of
insurance in the course of dealing under the licensure or appointment. [Section 626.621(2),
Florida Statutes];
(e) In the conduct of business under the license or appointment, engaging in unfair
methods of competition or in unfair or deceptive acts or practices, as prohibited under Part X (re-
designated as Part IX) of this chapter, or having otherwise shown himself or herself to be a
source of injury or loss to the public. [Section 626.621(6), Florida Statutes];
(f) No person shall, from offices or by personnel or facilities located in this state...
directly or indirectly act as an agent for, or otherwise represent or aid on behalf of another, any
insurer not being authorized to transact such business in this state. [Section 626.901(1), Florida
Statutes];
WHEREFORE, you, ARNOLD RABINOWITZ, are hereby notified that the Chief
Financial Officer 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 626.901, 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 Financial Services, 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.
If 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.
If a 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.
If a 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 Department’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 Financial Services.
DATED and SIGNED this 19th day of April , 2003,
Ke | Claroller
KAREN CHANDLER
Deputy Chief Financial Officer
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE
COMPLAINT and ELECTION OF PROCEEDING has been furnished to: ARNOLD
RABINOWITZ, 678 Sunny South Avenue, Boynton Beach, Florida 33436 by Certified Mail
this_ 10th day of __ April , 2003.
i JAMES A. BOSSART, ESQ.
\ Division of Legal Services
~200 East Gaines St.
612 Larson Building
Tallahassee, Florida 32399-033
(850) 413-4125
Docket for Case No: 03-001625PL
Issue Date |
Proceedings |
Jun. 11, 2003 |
Order Closing File. CASE CLOSED.
|
Jun. 10, 2003 |
Joint Motion to Relinquish Jurisdiction filed.
|
May 14, 2003 |
Notice of Hearing issued (hearing set for June 26, 2003; 9:30 a.m.; West Palm Beach, FL).
|
May 14, 2003 |
Order of Pre-hearing Instructions issued.
|
May 13, 2003 |
Joint Response to Initial Order (filed by Petitioner via facsimile).
|
May 05, 2003 |
Initial Order issued.
|
May 02, 2003 |
Administrative Complaint filed.
|
May 02, 2003 |
Election of Proceeding filed.
|
May 02, 2003 |
Agency referral filed.
|