UAT IFS— FILED DEC 12 2003 wv Bockated DY earn sneer? OFFICE OF INSURANCE REGULATION KEVIN M. McCarty DIRECTOR IN THE MATTER OF: CASE NO.: 69091-03-ADJ FRANKLIN GREGG , ADMINISTRATIVE COMPLAINT TO: FRANKLIN GREGG 1000 Piney Woods Trial Osten, FL 32764 e You, FRANKLIN GREGG, license LD. #055303, are hereby notified that there was conducted an investigation of your activities while licensed as an insurance adjuster in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, FRANKLIN GREGG, are currently licensed in this state as an All Lines Adjuster (5-20). 2. Pursuant to Section 20.121(3)(a)1, Florida Statutes, the Office of Insurance Regulation of the financial Services Commission within the Department of Financial Services (hereinafter “the Office”) has jurisdiction over your insurance license and appointments. 3. On or about February 9, 1995, in the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida, Case number W94-001400CFA, you, FRANKLIN GREGG, pled nolo contendere to two counts of Aggravated Stalking, both felonies. On or about February 9, 1995, adjudication of guilt was withheld as to both counts and you were placed on probation for a period of 3 years. COUNT I 4. The above genera! allegations are hereby realleged and fully incorporated herein by reference. 5. On or about November 18, 2002, you, FRANKLIN GREGG, did swear to and sign an application for licensure as an All Lines Adjuster (5-20), which you filed with the Office. 6. On the aforementioned application, you, FRANKLIN GREGG, while under oath, ,and in response to the question "[hJave you ever been convicted, found guilty, or pleaded guilty or nolo contendere (no contest) to any crime 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, FRANKLIN GREGG, in your answer to the above-referenced question, knew or should have known that your response to said question was false and a material misrepresentation of fact, based upon you previously having pleaded nolo contendere to felony charges. 8. Relying. in part, on your sworn denial of having pleaded nolo contendere to any prior felony charges in your application for licensure, the Office did license you, FRANKLIN GREGG, as an All Lines Adjuster (5-20), on January 9, 2003. IT IS THEREFORE CHARGED that you, FRANKLIN GREGG, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Office 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 626.61 1(7), Florida Statutes]; (da) 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 626.61 1(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 regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases. [Section 626.611(14), Florida Statutes]; 63) 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) 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 626.62.1(8), Florida Statutes]. (os) WHEREFORE, you, FRANKLIN GREGG, are hereby notified that the Office intends to enter an Order suspending or revoking your licenses and appointments as an insurance adjuster 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 Office pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-107, Florida Administrative Code. ‘Phe proceeding request must be in writing, signed by you, and must be filed with the Office 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 \ith the Office of Insurance Regulation, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written response must be received by the Office 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; Po (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 Office or a written statement challenging the grounds upon which the Office 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 Office’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 Office 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. DATED and SIGNED this_12** _ day of December _, 2003. [7 te alll 3 irector Office of Insurance Regulation 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: FRANKLIN GREGG, 1000 Piney Woods Trial, Osten, FL 32764, by Certified Mail this lo day of Cembber __, 2003. v aan fb William ~ Tharpe, Jr. Florida Bar Number 0312411 Division of Legal Services 612 Larson Building 200 East Gaines St. Tallahassee, Florida 32399-0333 Phone: (850) 413-4110 Fax: 850-487-4907

Docket for Case No: 04-001845PL