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
|
|