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DEPARTMENT OF FINANCIAL SERVICES vs JULIETT MACHADO, 07-004856PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-004856PL Visitors: 2
Petitioner: DEPARTMENT OF FINANCIAL SERVICES
Respondent: JULIETT MACHADO
Judges: LARRY J. SARTIN
Agency: Department of Financial Services
Locations: Miami, Florida
Filed: Oct. 23, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 16, 2008.

Latest Update: Oct. 05, 2024
Oct 23 2007 15:19 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 235 2087 GS:21PM Ps REPRESENTING ALEX SINK CHIEF FINANCIAL OFFICER STATE OF FLORIDA IN THE MATTER OF: CASE NO.: 91641-07-AG JULIETT MACHADO ADMINISTRATIVE COMPLAINT tO: JULTETT MACHADO CISNEROS INSURANCE & l‘INANCIAL SERVICES 5941 NW 173RD DRIVE, SUTTE 4 MIAMI, FL 33015 JULIETT MACHADO 2700 SW 156 PLACE MIAMI, FL 33185 You, JULIETT MACHADO, license I.1D, #4161470, are hereby notified that the Chief Financial Officer of the State of Florida has made an investigation of your activities while licensed as an insurance agent in this stale, as a result of which it is alleged: GENERAL ALLEGATIONS 1, Pursuant to Chapter 626, Florida Statutes, you, JULIETT MACHADO, dre currently licensed in this state as a customer representative. 2, At all times pertinent to the dates and occurrences referred to herein, you JULIETT MACHADO, were licensed in this state as a customer representative. 3. Pursuant to Chapter 626, Florida Statutes, the Florida Department of T'inancial Services (“Department”) has jurisdiction over your insurance licenses and appointments Oct 23 2007 15:19 . @3:21PM P4 FROM :DEPT OF FINANCIAL SERVICES FAX NO. :85a4874987 Oct. 25 2087 G3reirPM Pa COUNT I 4, The above general allegations are hereby realleged and fully incorporated herein by reference, 4, From on or about December 5, 2005, to March 2, 2007, you JULIETT MACHADO, were employed as a customer fepresentative with Buywise Insurance Agency Inc. 6. On or about February 27, 2007, National Auto Lenders, an automobile dealer, requested proof of auto insurance from E.B. for the sale of a vehicle. 7. On or about February 27, 2007, E.B. informed you, JULIETT MACTIADO, of his need for proof of auto insurance to purchase the vehicle. 8. On or about February 27, 2007, a certificate of insurance was sent to National Auto Lenders. 9. You, JULIETT MACHADO, sent, or had someone send, this certificate of insurance to National Auto Lenders. 10. The certificate of insurance purported to contain the si gnature of the agent of record for Buywise Insurance Agency, Inc., Richard Wine. 11. Richard Wine did not sign the certificate of insurance. 12. You, JULIETT MACHADO, knew, or should have known, Richard Wine did not sing the certificate of insurance. 13. You, JULIETT MACHADO, signed, or allowed Richard Wine’s signature to be signed, to the certificate of insurance. 14, You, JULIETT MACHADO, issved this certificate of insurance without the knowledge, consent, or true signature of Richard Wine. IT IS THEREFORE CHARGED that you, JULIETT MACHADO, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Oct 23 2007 15:20 FAX NO. + 85845749? Oct. 23 208? 43:21PM PS FROM :DEPT OF FINANCIAL SERVICES Department which constitute grounds for the suspension or revocation of your licenses and appointments: (a) Willful misrepresentation of any insurance policy or annuity contract or willful deception with regard to any such policy or contract, done either in person or by any form of dissemination of information or advertising, [Section 626.61 1(5). Florida Statutes]; (b) Demonstrated lack of fitness or trustworthiness to engage in the business of insurance. [Section 626.61 1(7), Florida Statutes]; (c) Demonstrated lack of reasonably adequate knowledge and technical competence lo engage in the transactions authorized by the license or appointment, [Section 626,61 1(8), Florida Statutes |: (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 comp! y 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]; (f) Tn 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. [Section 626.621(6), Florida Statutes |; (g) Knowingly causing, directly or indirect! y, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement. [Section 626.9541(1)(e)l.c., Florida Statutes]. WHEREFORE, you, JULIETT MACHADO, are hereby notified that the Chief Iinancial 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 626.9521, Florida Statutes, and under the other referenced Sections of the Florida Statutes as set out in this Administrative Complaint. Oct 23 2007 15:20 Oct. 23 260? 83:22PM PS FROM : DEPT OF FINANCIAL SERVICES FAs NO. : 8564874987 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 28-106, Florida Administrative Code, The proceeding request must be in wri ting, 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 Proceedin g form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel acting as 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 FATLURE 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 SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. If you request a proceeding, you must provide information that complies with the tequirements of Rule 28-106.2015, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your Tesponse must contain: (a) The name, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearin g in this matter, you are the "respondent". (b) The name, address, telephone number, facsimile number of the altorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. Oct 23 2007 15:20 FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 25 26ur 832 22PM P? (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (d) —_ A statement of when the respondent reccived notice of the administrative complaint. (e) A statement including the file number to the administrative complaint, 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. Tf'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 évidence 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 procecdings are held before a State Administrative Law J udge 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 sel out above. Oct 23 200° 15:21 : 22PM PS FROM :DEPT OF FINANCIAL SERVICES FAX NO. + 85845749? Oct. 23 2687 3: 221 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, DATED and SIGNED this 4 KAREN CHANDLER Deputy Chief Financial Officer Oct 23 200° 15:21 : . BE? B3:23PM Po FROM :DEPT OF FINANCIAL SERVICES FAX NO. + S584o7r4ogr Oct. 23 2 seo CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: JULIETT MACHADO, at Cisneros Insurance & linancial Services, 5941 NW 173rd Drive, Suite 4, Miami, FL 33015; JULIETT MACHADO, 2700 SW 156 Place, Miami, FL 33185, by Certified Robert Alan Fox Mail this5** day of Ole rnlse . 2007. Af Senior Attorney Department of Financial Services Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4227 Veet

Docket for Case No: 07-004856PL
Issue Date Proceedings
Jan. 16, 2008 Order Closing File. CASE CLOSED.
Jan. 15, 2008 Joint Motion for Continuance filed.
Jan. 10, 2008 Petitioner`s Notice of Method of Recording Testimony at Final Hearing filed.
Dec. 03, 2007 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 29, 2008; 9:00 a.m.; Miami and Tallahassee, FL).
Nov. 30, 2007 Joint Motion for Continuance filed.
Nov. 20, 2007 Petitioner`s Response to Respondent`s Request for Production filed.
Nov. 20, 2007 Notice of Taking Deposition filed.
Nov. 13, 2007 Notice of Taking Deposition filed.
Nov. 13, 2007 Notice of Taking Deposition Duces Tecum filed.
Nov. 13, 2007 Notice of Taking Deposition Duces Tecum filed.
Nov. 13, 2007 Request for Production filed.
Nov. 13, 2007 Notice of Taking Deposition filed.
Nov. 13, 2007 Notice of Taking Deposition Duces Tecum filed.
Nov. 13, 2007 Notice of Taking Deposition filed.
Nov. 13, 2007 Notice of Taking Deposition Duces Tecum filed.
Nov. 13, 2007 Notice of Taking Deposition Duces Tecum filed.
Nov. 13, 2007 Notice of Taking Deposition Duces Tecum filed.
Oct. 30, 2007 Order of Pre-hearing Instructions.
Oct. 30, 2007 Notice of Hearing by Video Teleconference (hearing set for December 18, 2007; 9:00 a.m.; Miami and Tallahassee, FL).
Oct. 29, 2007 Joint Response to Initial Order filed.
Oct. 24, 2007 Initial Order.
Oct. 23, 2007 Petition for Administrative Hearing filed.
Oct. 23, 2007 Administrative Complaint filed.
Oct. 23, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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