FILED

JUL 2 5 2011 003110

Chief Finanda! Officer

JEFF ATWATER

Docketed by:_ -- CHIEF FINANCIAL OFFICER

STATE OF FLORIDA

IN THE MATTER OF:

R. TIMOTHY DWYER, LLC

                                                     ,! Case Number: 10-006-D3-OPA-WC

FINAL ORDER

THIS PROCEEDING came on for final agency action and Jeff Atwater, Chief Financial Officer of the State of Florida, or his designee, having considered the record in this case, including the Order of Penalty Assessment and the 2nd Amended Order of Penalty Assessment served in Division of Workers' Compensation Case No. 10-006-D3-OPA, and being otherwise fully advised in the premises, hereby finds that:

1. On January 27, 2010, the Department of Financial Services, Division of Workers' Compensation (hereinafter "Department") issued an Order of Penalty Assessment in Division of Workers' Compensation Case No. 10-006-D3-OPA to R. Timothy Dwyer, LLC (Dwyer). The Order of Penalty Assessment assessed a total penalty of $67,641.78 against Dwyer. The Order of Penalty Assessment included a Notice of rights wherein Dwyer was advised that any request for an administrative proceeding to challenge or contest the Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes.

2. On February 26, 2010, the Order of Penalty Assessment was served via personal service on Dwyer. A copy of the Order of Penalty Assessment is attached hereto as "Exhibit A" and incorporated herein by reference.

   
   

3. On March 19, 2010, Dwyer timely filed a Petition requesting a formal administrative hearing. The matter was referred to the Division of Administrative Hearings, where it was assigned Case No. 10-2554.

4. On October 26, 2010, the Department issued a 2nd Amended Order of Penalty Assessment in Case No. 10-006-D3-OPA. The 2nd Amended Order of Penalty Assessment assessed a total penalty of $23,385.19 against Dwyer. The 2nd Amended Order of Penalty Assessment was served on Dwyer by U.S. Mail on October 26, 2010. A copy of the 2nd Amended Order of Penalty Assessment is attached hereto as "Exhibit B" and incorporated herein by reference.

5. On October 26, 2010, the Department filed a Notice of Settlement in Case No. 10- 2554, advising the Administrative Law Judge that the case had been amicably resolved. A copy of the Notice of Settlement is attached hereto as "Exhibit C."

6. On October 27, 2010, Administrative Law Judge entered an Order Closing File, relinquishing jurisdiction to the Department. A copy of the October 27, 2010 Order Closing File is attached hereto as "Exhibit D."

   FINDINGS OF FACT

   
   

7. The factual allegations in the Order of Penalty Assessment issued on January 27, 2010, and the 2nd Amended Order of Penalty Assessment issued on October 26, 2010, which are fully incorporated herein by reference, are hereby adopted as the Department's Findings of Fact in this case.

   
   

   CONCLUSIONS OF LAW

   
   

8. Based on the Findings of Fact adopted herein, the Department concludes that Dwyer violated the specific statues and rules alleged in the Order of Penalty Assessment and the 2nd Amended Order of Penalty Assessment and hereby adopts the violations charged in the Order of Penalty Assessment and the 2nd Order of Penalty Assessment as the Conclusions of Law in this case.

   PENALTY IMPOSED

   
   

9. The Notice of Settlement and resulting Order Closing File, wherein Dwyer no longer contested the 2nd Amended Order of Penalty Assessment pursuant to Sections 120.569 and 120.57, Florida Statutes, taken together with the Findings of Fact and Conclusions of Law adopted herein, constitute grounds for the Chief Financial Officer to impose the penalty set forth herein.

   IT IS THEREFORE ORDERED that:

   
   

   1. Dwyer shall immediately pay the total penalty of $23,385.19 in full to the Department of Financial Services for deposit into the Workers' Compensation Administration Trust Fund;

DONE AND ORDERED this         day of_--=i F-'IA·.hJ' --t ' 2011.

E. Tanner Holfoman

Director, Division of Workers' Compensation

NOTICE OF RIGHTS

Any party to these proceedings adversely affected by this Order is entitled to seek review of this Order pursuant to Section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.110. Review proceedings must be instituted by filing a Notice of Appeal with the Agency Clerk at Room 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida, 32399-0333 and a copy of the Notice of Appeal, a copy of this Order and filing fee with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order.

Copies furnished to:

R. Timothy Dwyer

10510 Portal Crossing, Unit 105

Bradenton, Florida 34211

Timothy L. Newhall Assistant General Counsel

Department of Financial Services 200 E. Gaines Street

Tallahassee, FL 32399-4229

Docket for Case No: 10-002554

Orders for Case No: 10-002554