IN THE MATTER OF: ; CASE NO: 112450-10-FM RICKY RESCUE TRAINING ACADEMY, F | LE D JEROMY ALLEN VANDERMBULEN, and CHADWICK RAY KETRON , SEP 2 0 2010 / ; ADMINISTRATIVE COMPLAINT Dogketed by yA TO: RICKY RESCUE TRAINING ACADEMY 3716 Hyde Park Dr. Fort Myers, Florida 33905 JEROMY ALLEN VANDERMEULEN 2236 River Pine Dr. Ft Myers, Florida 33905 CHADWICK RAY KETRON 3716 Hyde Park Dr. Fort Myers, Florida 33905 RICKY RESCUE TRAINING ACADEMY, JEROMY ALLEN VANDERMEULEN, and CHADWICK RAY KETRON ARE HEREBY NOTIFIED that pursuant to the provisions of Chapter 633, Florida Statutes, and Rule 69A-37.059(1)(e), Rule 69A-37,059(2)(e), Rule 69A- 37,059(7)(c), and Rule 69A-37.065(2), Florida Administrative Code, the Chief Financial Officer of the State of Florida, in her capacity as State Fire Marshal, has caused an investigation to be made of the RICKY RESCUE TRAINING ACADEMY (the “ACADEMY”), its Instructors, Instructor Certificates, Course Authorizations, and facilities used for the specific purpose of training firefighters, firefighter recruits, fire inspectors, and fire department lieutenants, captains or equivalent positions in this State, and as a result of it is alleged: 1. The Chief Financial Officer, as State Fire Marshal, and the Department of Financial Services (hereinafter “Department”) have jurisdiction over the subject matter and over the parties hereto pursuant to Chapters 120 and 633, Florida Statutes. Filed December 1, 2010 3:04 PM Division of Administrative Hearings 2. At all times pertinent to the dates and occurrences referred to herein, JEROMY ALLEN VANDERMEULEN was licensed in this state as Instructor I, certificate LD. # 144547, and Instructor IJ, certificate I.D.# 149676, and Instructor Ill, certificate LD. # 158059. 3. At all times pertinent to the dates and occurrences referred to herein, CHADWICK RAY KETRON was licensed in this state as Instructor I, certificate LD, # 12003. 4, Rule 69A-37.065(2), F.A.C., states in pertinent part: (a) Fire Officer I. 1. Length of Program. a. This program consists of no fewer than seven courses, vocational or academic, of at least 280 clock hours or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training. 5. Rule 69A-37,065(3), F.A.C., states in pertinent part: (a) Firesafety Inspector I, 1, Length of Program a. This program consists of no fewer than five courses, vocational or academic, of not less than 200 clock hours. 6, Rule 69A-37.059(7)(c), Florida Administrative Code (F.A.C.), states in pertinent part, “The certification of an instructor shall be revoked if evidence is found that the instructor has issued or caused to be issued course credit or course completion for any person not qualified.” 7. The ACADEMY and Jeromy Allen VanderMeulen and Chadwick Ray Ketron (hereinafter, “Respondents”) offer an online training course entitled FFP 1740 Fire Service Course Delivery, Course Authorization #36029 (“Course Delivery”). The ACADEMY and the Respondents represent that Course Delivery is part of its Fire Officer I and Instructor I training courses, 8. The ACADEMY and the Respondents offer an online training course entitled FFP 1510 Codes and Standards, Course Authorization #36211 (“Codes and Standards”), The ACADEMY represents that Codes and Standards is part of its Fire Safety Inspector I training course, . 9. Upon receiving information that a local Florida fire department believed that certain of their firefighters had received dubious certificates of training from the ACADEMY and the Respondents, the Division of State Fire Marshal initiated an investigation into this matter. In furtherance of that investigation, Michael Vitta, a Law Enforcement Officer tl and an Investigation with the Division, approached the ACADEMY regarding their actual training activities. Investigator Vitta’s instructor, “Jeromy,” acknowledged Vitta’s concern that the on- line class could be finished in less than 40 hours. On July 2, 2010, the ACADEMY presented to Investigator Vitta a Certificate of Training falsely representing that he had completed 40 hours of instruction in Course Delivery. The Certificate indicated that Vitta had been instructed by JEROMY VANDERMEULEN on behalf of the ACADEMY, 10. In actual fact, Mr, Vitta did not receive 40 classroom hours of instruction in Course Delivery from the Academy and the Respondents prior to receiving the Certificate of Training as required by Rule 69A-37.059(1)(e) and Rule 69A-37.059(2)(e). In truth, Mr. Vitta was permitted to complete the online course in approximately only seven (7) hours. 11. On July 23, 2010, the ACADEMY presented to Investigator Vitta a Certificate of Training, misrepresenting that he had completed 40 hours of instruction in Codes and Standards. The Certificate indicated that he had been instructed by CHADWICK KETRON on behalf of the ACADEMY. 12, In actual fact, Mr. Vitta did not receive the required 40 classroom hours of instruction in Codes and Standards prior to receiving the Certificate of Training. In truth, Mr. Vitta was improperly permitted by the ACADEMY and the Respondents to complete the online course in approximately only ten and a half (10.5) hours. 13. Pursuant to the provisions of Rule 69A-37.065(2), F.A.C., the ACADEMY and the Respondents was required to provide at least 40 contact hours or equivalent of interactive instruction for each course necessary for the Fire Officer Program. 14, The ACADEMY and the Respondents failed to require 40 contact hours of instruction prior to issuing a Certificate of Training for Course Délivery or Codes and Standards 15. As a result of the ACADEMY and the Respondents’ unlawful actions, Florida .State firefighters who complete ACADEMY courses for Course Delivery and Codes and Standards are not receiving the minimum 280 hours or equivalent of interactive instruction mandated by Rule 69A-37.065(2), F.A.C., for the Fire Officer Program. Consequently, Florida firefighters who are awarded Certificates of Training from the ACADEMY and the Respondents have not received the requisite training to be qualified as fire department lieutenants, captains, chief officers, instructors, and the equivalent. Rule 69A-37 .059(7)(c), F.A.C., mandates that the certification of an instructor who has issued course credit or course completion for any person not qualified shall be revoked. 16. By continuing to offer fire officer training programs that do not comply with the required interactive instruction standards and are not approved by the Bureau of Fire Standards and Training, the ACADEMY and the Respondents have violated Rule 69A-37.065(2)(a)1.a, F.A.C., and the provisions of Chapter 633, Florida Statutes. 17, Pursuant to Section 120.569(2)(n), Florida Statutes, the Chief Financial Officer, as State Fire Marshal, finds that the ACADEMY and the Respondents’ continued provision of noncompliant and insufficient training programs to Florida state firefighters and fire instructors constitutes an immediate and serious danger to the public health, safety, or welfare. The Department must be able to ensure a consistent level of training for all firefighters and fire inspectors who serve the State of Florida. All training courses must satisfy the requirements of the Florida Division of State Fire Marshal, Bureau of Fire Standards and Training. 18. If the ACADEMY and the Respondents are allowed to continue to fail to provide the requisite training necessary to its students and misrepresent that its firefighter and fire inspector online training courses are approved by the Florida State Fire College, these statutory and rule violations which place the public health, safety, or welfare in danger are likely to be repeated. The ACADEMY has evidenced a pattern of disregard for fire safety in the conduct of as the ACADEMY and the Respondents, by deliberately misrepresenting the training that Florida firefighters and fire inspectors have actually received, thus placing the firefighters themselves, - the firefighters they miay supervise and instruct, and the Florida public at large at great risk. Such egregious conduct poses a serious and danger to the public health, safety or welfare. Moreover, the ACADEMY and the Respondents have thus far demonstrated a willful disregard for the statutory provisions of Chapter 633, Florida Statutes and Rules 69A-37.059% 1N(e), Rule 69A-37.059(2)(e), 69A-37.059(7)(c) -and 69A-37.065(2), Florida Administrative Code. The ACADEMY and Respondents have also evinced a pattern of untrustworthiness in the conduct of its business as a training instructor. WHEREFORE, RICKY RESCUE TRAINING ACADEMY, . JEROMY ALLEN VANDERMEULEN, AND CHADWICK RAY KETRON are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking their licenses and certifications as Instructors, their Course Authorizations, and/or to impose such penalties as may be provided under the provisions of Section 633.45, Florida Statutes, and Rules 69A-37.059, and Rule 69A-37.065, Florida Administrative Code, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. 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 writing, 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 Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with Julie Jones, DFS Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. Your written response must be recéived 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 FAILURE 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 requirements 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 response must contain: (a) The name, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). (b) The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shal! be made. (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 received notice of the administrative complaint. | (ec) A statement including the file number of the administrative complaint. If a 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. If 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 evidence 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 proceedings are held before a State Administrative Law Judge 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 set out above. 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 O° _ day of , 2010. BRIAN LONDON Deputy Chief Financial Officer STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: RICKY RESCUE TRAINING ACADEMY, CASE NO.: 112450-10-FM JEROMY ALLEN VANDERMEULEN, AND CHADWICK RAY KETRON / ELECTION OF PROCEEDING Ihave received and have read the Administrative Complaint filed by the Florida Department of Financial Services ("Department") against me, including the Notice of Rights contained therein, and I understand my options. I am requesting disposition of this matter as indicated below. (CHOOSE ONE) 1) T do not dispute any of the Department’s factual allegations and I do not desire a hearing. I understand that by waiving my right to a hearing, the Department may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my licenses and appointments as may be appropriate. 1 do not dispute any of the Department's factual allegations and I hereby elect a proceeding to be conducted in accordance with Section 120,57(2), Florida Statutes. In this regard, I desire to: [] Submit a written statement and documentary evidence in lieu of a hearing; or {} Personally attend a hearing conducted by a department hearing officer in Tallahassee; or {] Attend that same hearing by way of a telephone conference call. I do dispute one or more of the Department's factual allegations, I hereby request a hearing pursuant to Section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. | have attached to this election form the information required by Rule 28-106.2015, Florida Administrative Code, as specified in subparagraph (c) of the Notice of Rights. Specifically, ] have identified the disputed issues of material fact. TO PRESERVE YOUR RIGHT TO A HEARING, YOU MUST FILE YOUR RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT, THE RESPONSE MUST BE RECEIVED BY THE DEPARTMENT NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER YOUR RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: Julie Jones, DFS Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390, Signature Print Name Dates Address: Date Administrative Complaint Received: If you are represented by an attorney or qualified Phone No.: representative, please attach to this election form his or her name, address, telephone and fax numbers Fax No.: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been delivered by_U,S. Certified Mail, Return Receipt Requested, Federal Express, and U.S. Regular Mail this day of 2010 to the following: RICKY RESCUE TRAINING ACADEMY 3716 Hyde Park Dr. Fort Myers, Florida 33905 JEROMY ALLEN VANDERMEULEN 2236 River Pine Dr. Ft Myers, Florida 33905 CHADWICK RAY KETRON 3716 Hyde Park Dr. Fort Myers, Florida 33905 J. Bruce Culpepper, Esq. “~~~ Florida Department of Financial Services Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 Phone: (850) 413-4215 Fax: (850) 488-0697 10

Docket for Case No: 10-010467