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DEPARTMENT OF FINANCIAL SERVICES vs LEKEISHA CHAVON PAIGE, 06-004286PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-004286PL Visitors: 11
Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: LEKEISHA CHAVON PAIGE
Judges: HARRY L. HOOPER
Agency: Department of Financial Services
Locations: Jacksonville, Florida
Filed: Nov. 03, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 3, 2007.

Latest Update: Mar. 01, 2025
Nov 3 2006 11:04 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Nov. 63 2866 16:56AM PS FLORIDA _ DEPARTMENT OF FINANCIAL SERVICES FILE TOM GALLAGHER AUG 3 2006 sieecras Booketed by OQ IN THE MATTER OF: CASE NO.: 84529-06-AG LEKEISHA CHAVON PAIGE ADMINISTRATIVE COMPLAINT TO: LEKEISHA CHAVON PAIGE 10970 Lem Turner Road, Apt. 1410 Jacksonville, Florida 32218 LEKEISHA CHAVON PAIGE c/o Nirect General Insurance Agency 8028 T.em Turner Road Jacksonville, Florida 32208 You, LEKEISHA CIIAVON PAIGE, 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 and as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 626, Florida Statutes, you, LEKEISHA CHAVON PAITGE, currently are licensed in this state as a life including variable annuity (2-14) and general lines (2-20) agent. At all times relevant to the dates and occurrences referenced herein you, LEKEISHA CHAVON PAIGE, were licensed as a customer representative (4-40). Your license identification number is 1132740. Nov 3 2006 11:04 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Nov. 3 2666 16:57AM P4 2. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (hereinafter referred to as the “Department”) has jurisdiction over your licenses and appointments, 3, Atall times relevant to the dates and occurrences referenced hercin you, LEKEISHA CHAVON PAIGE, were employed or affiliated with Direct General Insurance Agency, Inc,, a Tennessee corporation, doing business in Florida as Florida No Fault. COUNT I 4. The above Gencral Allegations are hereby realleged and fully incorporated herein by reference. 5, On or about April 15, 2005, you, LEKEISHA CHAVON PAIGE, sold Marvin Wilson a ‘Lravel Protection Plan without his informed consent. IT 18 THEREFORE CHARGED that you, LEKEISHA CHAVON PAIGE, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this siate: (a) No person shall transact insurance 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(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), I'lorida Statutes]. (¢) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance, |Section 626.611(7), Florida Statutes]. Nov 3 2006 11:04 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Nov. 3 2666 16:57AM PS (d) Fraudulent or dishonest practices in the conduct of business under the license or appointment. [Section 626.61 1(9), Florida Statutes]. (e) Willful failure to comply with, or willful violation of, any proper order or rule of the department, commission, or office 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]. (g) Violation of any lawful order or rule of the department, commission, or office. [Section 626.621 (3), Tlorida Statutes]. (h) — 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 IX of this chapter, or having otherwise shown himself or herself to be a source of injury or loss to the public or detrimenial to the public interest. [Section 626.621(6), Florida Statutes]. (i) No person shall engage in this state in any trade practice which is defined in this part as, or determined pursuant to s. 626.951 or s. 626.9561 to be, an unfair method of competition or an unfair or deceptive act or practice involving the business of insurance. [Section 626,9521(1), Florida Statutes]. a) Representing to the applicant that a specific ancillary coverage or product is required by law in conjunction with the purchase of insurance when such coverage or product is not required. [Section 626.9541(1)(7)1., Florida Statutes]. Nov 3 2006 11:05 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Nov. 63 2866 16:37AM Pe (k) Representing to the applicant that a specific ancillary coverage or product is included in the policy applied for without an additional charge when such charge is required. [Section 626.9541(1)(z)2., Florida Statutes] re) Charging an applicant for a specific ancillary coverage or product, in addition to the cost of the insurance coverage applied for, without the informed consent of the applicant. [Section 626.9541 (1)(z)3., Florida Statutes]. COUNT II 6, The above General Allegations are hereby realleged and fully incorporated herein by reference. 7. On or about May 2, 2005, you, LEKEISHA CHAVON PAIGE, sold Angela Nicholas a Travel Protection Plan without her informed consent. IT [8 THEREFORE CHARGED that you, LEKEISHA CHAVON PAIGE, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses:as an insurance agent in this state: (a) Sections 624,.11(1), 626.61 1(4), 626.61 1(7), 626.61 1(9), 626.611(13), 626.621(2), 626.621(3), 626.621(6), 626,9521(1), 626.9541(1)(2)1., 626.9541 (1)(z)2., and 626.9541(1)(z)3., Florida Statutes, which are more fully set forth in Count | above and fully incorporated herein by reference. COUNT UI 8. ‘The above General Allegations are hereby realleged and fully incorporated herein by reference. Nov 3 2006 11:05 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? ; Nov. 63 2666 16:37AM Pr 9. On or about May 2, 2005, you, LEKEISHA CHAVON PAIGE, sold Angela Nicholas an Accident Medical Protection Plan without her informed consent, IT IS THEREFORE CHARGED that you, LEKEISHA CHAVON PAIGE, have violated or are accountable under one or more of the following provisions of the Florida Insurance Code, which constitutes grounds for the suspension or revocation of your licenses as an insurance agent in this slate: (a) Sections 624.11(1), 626.611(4), 626.611(7), 626.61 1(9), 626,611(13), 626.621 (2), 626.621(3), 626.621 (6), 626.9521(1), 626.9541 (1)(z)1., 626.9541(1)(7)2., and 626.9541(1\(z)3., Florida Statutes, which are more fully set forth in Count T above and fully incorporated herein by reference. WITERETORE, you, LEKEISHA CHAVON PAIGE, are hercby 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 624.15, 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 and under the provisions of Rule 69B-231, Florida Administrative Code. You are further notified that any order entered in this case revoking or suspending any license or eligibility for licensure held by you shall also apply to all other licenses and eligibility held by you under the Florida Insurance Code. 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 Nov 3 2006 11:05 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Nov. 83 2666 16:38AM Pe 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 Strect, 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 TUS 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. Ifa hearing of any type is requested, you have the right to be represented by counsel or other qualitied representative at your expense, to present evidence and argutnent, to call and cross-cxamine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. Nov 3 2006 11:06 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Nov. 63 2866 16:58AM Pao 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. Towever, 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 arc 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 deomed 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 ‘al day wld i KAREN CHANDLER Deputy Chief Financial Officer Nov 3 2006 11:06 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Nov. 83 2866 16:59AM Pla CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and the following ELECTION OF PROCEEDING has been furnished to: LEKEISHA CHAVON PAIGE 10970 Lem Turner Road, Apt. 1410 Jacksonville, Florida 32218 LERKEISHA CHAVON PAIGE c/o Direct General Insurance Agency 8028 Lem Tumer Road Jacksonville, Florida 32208 e by Cottified Mail tui Spal cay of A_}, 2006. Greg S. Florida Department of Financial Services Division of Legal Services 200 East Gaines St. 612 Larson Building Tallahassee, Florida 32399-0333 (850) 413-4180 Florida Bar Number 131369

Docket for Case No: 06-004286PL
Issue Date Proceedings
Apr. 03, 2007 Order Closing File. CASE CLOSED.
Apr. 02, 2007 Petitioner`s Motion to Relinquish Jurisdiction and Close File filed.
Apr. 02, 2007 Petitioner`s Notice of Filing of Exhibits filed.
Apr. 02, 2007 Notice of Appearance (filed by M. Rothschild).
Mar. 28, 2007 Pre-hearing Stipulation filed.
Mar. 21, 2007 Notice of Taking Deposition filed.
Mar. 02, 2007 Order Re-scheduling Hearing by Video Teleconference (hearing set for April 4, 2007; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Feb. 12, 2007 Joint Motion to Reschedule Hearing filed.
Feb. 02, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for April 16, 2007; 10:00 a.m.; Jacksonville, FL).
Feb. 01, 2007 Joint Motion for Continuance filed.
Jan. 04, 2007 Order (Motion to Amend Administrative Complaint is granted).
Jan. 04, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for February 16, 2007; 10:00 a.m.; Jacksonville, FL).
Dec. 29, 2006 Joint Motion for Continuance filed.
Dec. 22, 2006 Motion to Amend Administrative Complaint filed.
Dec. 20, 2006 Notice of Taking Deposition (A. Nicholas) filed.
Dec. 20, 2006 Notice of Taking Deposition (of M. Wilson) filed.
Dec. 08, 2006 Petitioner`s Notice of Method of Recording Testimony at Final Hearing filed.
Dec. 05, 2006 Notice of Taking Deposition (of A. Nicholas) filed.
Dec. 05, 2006 Notice of Taking Deposition (of M. Wilson) filed.
Dec. 01, 2006 Notice of Taking Deposition Duces Tecum of Non-party filed.
Dec. 01, 2006 Notice of Taking Deposition filed.
Nov. 30, 2006 Notice of Taking Deposition filed.
Nov. 30, 2006 Notice of Taking Deposition filed.
Nov. 30, 2006 Notice of Service of Subpoena Duces Tecum on Non-Party filed.
Nov. 16, 2006 Order of Pre-hearing Instructions.
Nov. 16, 2006 Notice of Hearing (hearing set for January 12, 2007; 10:00 a.m.; Jacksonville, FL).
Nov. 08, 2006 Joint Response to Initial Order filed.
Nov. 03, 2006 Initial Order.
Nov. 03, 2006 Petition for Administrative Hearing filed.
Nov. 03, 2006 Administrative Complaint filed.
Nov. 03, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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