Elawyers Elawyers
Washington| Change

DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION vs MATCHTECH, INC., 10-003038 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-003038 Visitors: 50
Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKERS' COMPENSATION
Respondent: MATCHTECH, INC.
Judges: DIANE CLEAVINGER
Agency: Department of Financial Services
Locations: Tallahassee, Florida
Filed: Jun. 02, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 3, 2011.

Latest Update: May 19, 2011
10003038 AFO


FILED

MAY 18 2011 0 0 0 9 7 4

Chief Financial Officer

JEFF ATWATER

  1. ocketed by: !..,_ CHIEF FINANCIAL OFFICER

    STATE OF FLORIDA


    IN THE MATTER OF: Case Number: 10-079-D?-WC


    MATCHTECH, INC.

                                                                                        ;/


    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 Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, the Order to Show Cause, and the Order Relinquishing Jurisdiction and Closing File served in Division of Workers' Compensation Case No. 10-079-D?, and being otherwise fully advised in the premises, hereby finds that:

    1. On March 25, 2010, the Department issued a Stop-Work Order and Order of Penalty Assessment to MATCHTECH, INC.

    2. On March 29, 2010, the Stop-Work Order and Order of Penalty Assessment was served by certified mail on MATCHTECH, INC. A copy of the Stop-Work Order and Order of Penalty Assessment is attached hereto as "Exhibit A" and incorporated herein by reference.

    3. On April 16, 2010, the Department issued an Amended Order of Penalty Assessment to MATCHTECH, INC. The Amended Order of Penalty Assessment assessed a total penalty of $17,613.20 against MATCHTECH, INC.

    4. On April 22, 2010, the Amended Order of Penalty Assessment was served by certified mail on MATCHTECH, INC. A copy of the Amended Order of Penalty Assessment is attached hereto as "Exhibit B" and incorporated herein by reference.



    5. On May 7, 2010, MATCHTECH, INC. filed a request for Administrative Review ("Petition"), requesting review of the Amended Order of Penalty Assessment. The petition for administrative review was forwarded to the Division of Administrative Hearings on June 2, 2010, and the matter was assigned DOAH Case No. 10-3038. A copy of the Petition is attached hereto as "Exhibit C" and incorporated herein by reference.

    6. On December 17, 2010, the Administrative Law Judge issued an Order to Show Cause requiring MATCHTECH, INC. to show cause why this action should not be relinquished to the agency for failure to appear at a scheduled deposition. A copy of the Order to Show Cause is attached hereto as "Exhibit D" and incorporated herein by reference.

    7. On January 3, 2011, the Administrative Law Judge issued an Order Relinquishing Jurisdiction and Closing File. A copy of the Order Relinquishing Jurisdiction and Closing File is attached hereto as "Exhibit E" and incorporated herein by reference.

      FINDINGS OF FACT


    8. The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment issued on March 25, 2010, the Amended Order of Penalty Assessment issued on April 16, 2010, the Order to Show Cause issued on December 17, 2010, and the Order Relinquishing Jurisdiction and Closing File issued on January 3, 2011, which are fully incorporated herein by reference, are hereby adopted as the Department's Findings of Fact in this case.

      CONCLUSIONS OF LAW


    9. Based upon the Findings of Fact adopted herein, the DEPARTMENT concludes that MATCHTECH, INC. violated the specific statutes and rules alleged in the Stop-Work Order and Order of Penalty Assessment, and Amended Order of Penalty Assessment and hereby adopts


      the violation(s) charged in the Stop-Work Order and Order of Penalty Assessment, and Amended Order of Penalty Assessment as the Conclusions of Law in this case.

      PENALTY IMPOSED


    10. The Order to Show Cause and the Order Relinquishing Jurisdiction and Closing File submitted in reference to the Stop-Work Order and Order of Penalty Assessment and the Amended Order of Penalty Assessment, taken together with the Findings of Fact and Conclusions of Law adopted herein, constitute grounds for the Chief Financial Officer to impose the penalty as set forth herein.

      IT IS THEREFORE ORDERED that:


      1. MATCHTECH, INC. shall immediately pay the total penalty of $17,613.20, in full, to the DEPARTMENT OF FINANCIAL SERVICES for deposit into the Workers' Compensation Administration Trust Fund.


      2. MATCHTECH, INC. shall immediately cease all business operations in the State of Florida until such time as the Department issues an order releasing the Stop-Work Order and Amended Order of Penalty Assessment. The Department shall not issue an Order releasing the

Stop-Work Order and Order of Penalty Assessment until MATCHTECH, INC. has come into compliance with the coverage requirements of Chapter 440, Florida Statutes, and has paid the total penalty of$17,613.20 to the Department.


DONE and ORDERED this rn day of              , 2011.


TANNER HOLLOMAN

DIRECTOR, WORKERS' COMPENSATION


CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been furnished by U.S. mail to Brian Hall, Matchtech, Inc., 1740 Hudson Bridge Road, Suite 1012, Stockbridge, GA

30281 this ilJ-fl-" day of  d    , 2011.


Paige S emCa>ker "

Florida Bar No. 143022 Assistant General Counsel Department of Financial Services Division of Legal Services

200 E. Gaines Street Tallahassee, FL 32399-4229


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 Julie Jones, DFS Agency Clerk, Department of Financial Services, Room 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida, 32399-0390 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:


MATCHTECH, INC.

1740 HUDSON BRIDGE ROAD, SUITE 1012

STOCKBRIDGE, GA 30281


LEIDA PEREZ

FLORIDA DEPARTMENT OF FINANCIAL SERVICES BUREAU OF COMPLIANCE

2295 VICTORIA AVENUTE, SUITE 163 FORT MYERS, FLORIDA 33901


PAIGE SHOEMAKER

FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES

200 EAST GAINES STREET TALLAHASSEE, FLORIDA 32399-4229


Docket for Case No: 10-003038
Issue Date Proceedings
May 19, 2011 Agency Final Order filed.
Jan. 03, 2011 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Dec. 30, 2010 Motion to Relinquish Jurisdiction filed.
Dec. 17, 2010 Order to Show Cause.
Dec. 10, 2010 Motion for Entry of Order to Show Cause filed.
Nov. 10, 2010 Notice of Taking Deposition (of B. Hall) filed.
Oct. 25, 2010 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 6, 2011; 9:30 a.m.; Tallahassee, FL).
Oct. 21, 2010 Joint Motion to Continue Hearing filed.
Oct. 20, 2010 Notice of Appearance (filed by P. Shoemaker).
Aug. 06, 2010 Order Granting Continuance and Re-scheduling Hearing (hearing set for November 2, 2010; 9:30 a.m.; Tallahassee, FL).
Aug. 04, 2010 Unopposed Motion for Continuance of Administrative Hearing filed.
Jun. 25, 2010 Notice of Service of Department of Financial Services' First Interlocking Discovery Requests filed.
Jun. 25, 2010 Order of Pre-hearing Instructions.
Jun. 25, 2010 Notice of Hearing (hearing set for August 25, 2010; 9:30 a.m.; Tallahassee, FL).
Jun. 11, 2010 Joint Response to Initial Order filed.
Jun. 03, 2010 Initial Order.
Jun. 02, 2010 Amended Order of Penalty Assessment filed.
Jun. 02, 2010 Stop-work Order filed.
Jun. 02, 2010 Request for Administrative Hearing filed.
Jun. 02, 2010 Agency referral filed.

Orders for Case No: 10-003038
Issue Date Document Summary
May 18, 2011 Agency Final Order
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer