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DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs NATIONAL CONSUMER SERVICES, INC., 08-002397 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-002397 Visitors: 19
Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: NATIONAL CONSUMER SERVICES, INC.
Judges: P. MICHAEL RUFF
Agency: Department of Agriculture and Consumer Services
Locations: Clearwater, Florida
Filed: May 19, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 21, 2008.

Latest Update: May 29, 2009
Florida Department of Agriculture & Consumer Services CHARLES H. BRONSON, Commissioner 7 & | I bo pn The Capitol - Tallahassee, FL 32399-0800 é eae baw Lf Date: April 16, 2008 ; fuiston OF ADMINISTRATIVE Method of Delivery:Hand Delivery \- a3 | HEAR! nal v : O Case No: 0710-29131 National Consumer Services, Inc. Andrew D. Golkin Agency Clerk Ref: A55971 PO Box 785 Niagara Falls, NY 14302 SUBJECT: Administrative Complaint Dear Mr. Golkin: INVESTIGATIVE RESULTS An investigation was conducted by the Department of Agriculture and Consumer Services ("Department"). As a result of the investigation, the Department found the following violation(s): Section 501.616(2), Florida Statutes: It shall be unlawful for any commercial telephone seller to employ, [x] or be affiliated with, any unlicensed salesperson (as described in the Investigative Field Report attached and incorporated into this Administrative Complaint). % Section 501.616(4), Florida Statutes: It shall be unlawful for any commercial telephone seller or salesperson to be unlicensed (as described in the Investigative Field Report attached and incorporated into this Administrative Complaint). SETTLEMENT At this time the Department is willing to settle this matter as follows: National Consumer Services, Inc., shall within 21 days of the receipt of this Administrative Complaint, pay an administrative fine of Sixteen Thousand Dollars ($ 16,000.00), Monies should be submitted in the form of check or money order made out to the Department of Agriculture and Consumer Services. If this settlement is acceptable, please indicate your acceptance by signing the Settlement Agreement and return the signed Settlement Agreement along with your payment and all other documents required for settlement in the envelope provided within twenty-one (21) days of receipt of this letter. Acceptance of this settlement and the timely return to the Department of all settlement documents will conclude this matter. DACS-01273 Rev.10/06 U0 BAY 19° A HI: 23 National Consumer Services, Inc. Case No0710-29121 Page Two ADMINISTRATIVE HEARING AVAILABLE If you wish to contest the Department's findings, you have the right to request an administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a hearing is requested. Your request for hearing must contain your name and address for purposes of service, a statement requesting either a hearing involving disputed issues of material fact or a hearing not involving disputed issues of material fact, and a reference to this administrative complaint. If you request a hearing the offer of settlement is withdrawn and you may receive a more severe penalty. DEADLINE TO REQUEST AN ADMINISTRATIVE HEARING Your request for a hearing must be received within twenty-one (21) days of receipt of this letter. FAILURE TO SETTLE OR REQUEST AN ADMINISTRATIVE HEARING If you fail to settle or fail to request an administrative hearing within the twenty-one (21) day deadline you waive your right to a hearing and the Department may enter a Final Order imposing up to the maximum penalties as authorized by Florida law. FURTHER INFORMATION If you wish to discuss this matter, please call 1-800-435-7352 or (850) 922-2966. Sincerely, CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE Hary Binglecton Gary Singleton, Chief ; Bureau of Mediation and Enforcement GS/ mv Enclosures: xCopy of Statutes/Registration Form x Notice of Rights DACS-01273 Rev.1006 Florida Department of Agriculture & Consumer Services E I f ig Y CHARLES H. BRONSON, Commissioner “ The Capitol - Tallahassee, FL 32399-0800 Date: April 16, 2008 VISION OF SETTLEMENT AGREEMENT ADMINISTRATIVE HEARINGS National Consumer Services, Inc. Andrew D. Golkin Case No: 0710-29121 PO Box 785 Niagara Falls, NY 14302 Agency Clerk Ref: A55971 T hereby agree to settle the violations stated in the Administrative Complaint dated April 16, 2008 , as follows (check one): T agree to pay the fine amount of $16,000.00, execute and return this agreement, and comply with all laws and rules contained in the Florida Telemarketing Act, Sections 501.601-501.626, Florida Statutes, including without limitation the requirements for licensing. T agree to pay the fine of $16,000.00 and immediately cease doing business as a Telemarketer. I further agree that if I fail to comply with the terms of this settlement the Department may enter a Final Order imposing the maximum penalties authorized by Florida law, and may seek additional remedies in court. Name (please print) Legal Name of Business Signature Date Title Telephone ATTACH ALL ITEMS REQUIRED FOR SETTLEMENT. Retarn Address: Department of Agriculture & Consumer Services P. O. Box 6700 Tallahassee, Florida 323996700 Object Code: 012052 ($16,000.00) Fine DACS-01273 Rev. 10406 Telemarketing Org Code: 42100707000 A2 Org Code: 42100607000 A2 Object Code: 002050($ ) Reg.

Docket for Case No: 08-002397
Issue Date Proceedings
May 29, 2009 Settlement Agreement filed.
Aug. 21, 2008 Order Closing File. CASE CLOSED.
Aug. 20, 2008 Joint Motion to Relinquish Jurisdiction filed.
Aug. 14, 2008 Petitioner`s Motion for Sanctions filed.
Jul. 21, 2008 Respondent`s Response to Request for Admissions filed.
Jul. 16, 2008 Order (Department`s Motion to Conduct Final Hearing by Videoconference from sites in Tallahassee and Clearwater, Florida, is denied).
Jun. 10, 2008 Department`s Motion to Conduct Final Hearing by Videoconference filed.
Jun. 09, 2008 Notice of Hearing (hearing set for August 28, 2008; 10:00 a.m.; Clearwater, FL).
May 22, 2008 Petitioner`s Requests for Admission filed.
May 22, 2008 Petitioner`s Request for Production filed.
May 22, 2008 Petitioner`s Notice of Serving Interrogatories filed.
May 22, 2008 Joint Response to Initial Order filed.
May 19, 2008 Initial Order.
May 19, 2008 Request for an Administrative Hearing filed.
May 19, 2008 Administrative Complaint filed.
May 19, 2008 Agency referral filed.

Orders for Case No: 08-002397
Issue Date Document Summary
Jan. 15, 2009 Other
Source:  Florida - Division of Administrative Hearings

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