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F-ILED

APR 2 8 2011

IN THE MATTER OF:

CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA

Docketed by_ 0·Jv=_'_

DEBORAH KAYE SIEBERN

- - - - - - - - - - -I

CASE NO. 115859-11-AG

ADMINISTRATIVE COMPLAINT

TO: DEBORAH KAYE SIEBERN

14119 Lake Live Oak Drive Orlando, FL 32828-4876

You, DEBORAH KAYE SIEBERN, are hereby notified that pursuant to Chapter 626, Florida Statutes, the Chief Financial Officer of the State of Florida has caused to be made an investigation of your activities while licensed as an insurance agent in this state, as a result of which it is alleged:

GENERAL ALLEGATIONS

1. You, DEBORAH KAYE SIEBERN, are currently licensed in the state as an All Lines Public Adjuster (3-20).

2. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint you, DEBORAH KAYE SIEBERN, were licensed as a public adjuster apprentice (T31-20) in this state.

3. Pursuant to Chapter 626, Florida Statutes, the Chief Financial Officer of the State of Florida and the Department of Financial Services has jurisdiction over your insurance licenses and your eligibility for licensure and appointment.

   
   

   Filed May 25, 2011 9:10 AM Division of Administrative Hearings

4. At all times pertinent to the dates and occurrences referred to in this Administrative Complaint, you, DEBORAH KAYE SIEBERN, operated as an apprentice public adjuster under the supervision of Dominic Belinchak, owner and primary adjuster for Public Adjuster Hotline, Inc. (PAH), a public adjusting agency.

   COUNT!

   
   

5. The above General Allegations numbered one through four are hereby realleged and fully incorporated herein by reference.

6. In early 20IO Jill Renee Frost incurred damages to her home in Orlando as a result of sinkhole and hail/wind events.

7. In searching for a public adjuster, Ms. Frost came upon the internet site for PAH. Ms. Frost telephoned the listed number and spoke to you, DEBORAH KAYE SIEBERN. You and Ms. Frost met at her residence on March 30, 20 I 0.

8. You, DEBORAH KAYE SIEBERN, were not accompanied by Dominic Belinchak when you solicited Ms. Frost as a PAH client. Without Dominick Belinchak's direct supervision or guidance you held yourself out as a fully licensed public adjuster and executed two PAH contracts (sinkhole and roof) which had been pre-signed by Dominick Belinchak and which were presented by you to Ms. Frost for her signature.

9. You, DEBORAH KAYE SIEBERN, knowing that it was illegal for you to solicit public adjuster business, promoted yourself as a fully licensed public adjuster, employing indicia of one so licensed and authorized to effectuate contracts on behalf of PAH. As a result, Ms. Frost had no idea that you were serving a public adjuster apprenticeship.

   IT IS THEREFORE CHARGED that you, DEBORAH KAYE SIEBERN, have

   
   

   violated or are accountable under the following provisions of the Florida Insurance Code which constitute grounds for the suspension or revocation of your licenses as an insurance agent in the state:

   1. Section 626.8651(11), Florida Statutes, which provides that it is a violation for an apprentice public adjuster to execute contracts for the services of a public adjuster or public adjusting firm and may not solicit contracts for the services except under the direct supervision and guidance of the supervisory public adjuster.

   2. Rule 69B-220.051(3)(a), Florida Administrative Code, which provides that the solicitation of public adjusting business for compensation is deemed to be a material part of the business of public adjusting and, therefore, requires Iicensure as a public adjuster under the laws of Florida and the rules of the department, and shall be engaged in only by persons licensed by the department as public adjusters. Unlicensed persons shall not engage in such activity even under the supervision of a licensed public adjuster. The phrase "solicitation of public adjusting business" and similar phrases as used in this rule means, for compensation, initiating contact with any person, whether in person, by mail, by telephone, or otherwise, and therein seeking, causing, urging, advising, or attempting:

      1. To have any person enter into any agreement engaging the services of a public adjuster in any capacity; or

      2. To have any person subsequently speak or meet with a licensed public adjuster for the purpose of engaging the services of a public adjuster in any capacity or for the purpose of being advised by a public adjuster in any regard.

   3. Section 626.611(13), Florida Statutes, which provides that it is a violation for any agent to willfully fail to comply with, or willfully violate any proper order or rule of the department or willfully violate any provision of the Insurance Code.

WHEREFORE, you, DEBORAH KAYE SIEBERN, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses, appointments and your eligibility for licensure as an insurance agent in this state or to impose such penalties as may be provided under the provisions of Sections 626.611, 626.621, 626.681, 626.691, 626.692, and 626.9521, Florida Statutes, and under the other referenced sections of the Florida Statutes as set out in this Administrative Complaint. You are further notified that the Department intends to seek aggravation of all such penalties in accordance with the provisions of Rule 69B-23 l. l 60, Florida Administrative Code, and that any order entered in this case revoking or suspending any license or eligibility for licensure held by you shall also apply to all other licenses and eligibility held by you under the Florida Insurance Code.

NOTICE OF RIGHTS

You have the right to request a proceeding to contest this action by the Department of Financial Services ("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, 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 received 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:

1. 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").

2. 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 shall be made.

3. A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate.

4. A statement of when the respondent received notice of the administrative complaint.

5. A statement including the file number to 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 ,'2$..jh day of Q.,. 1 \ , 2011.

Director, Agent & Agency Services

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative

Complaint has been furnished by U.S. Certified Mail to: Deborah Kaye Siebern, 14119 Lake Live Oak Drive, Orlando, FL 32828-4876 on this 234,hday of     .. pr-\\

2011.

;J«;:;,./?

qo•

David J. Busch

Division of Legal Services 612 Larson Building

Tallahassee, FL 32399-0333

Tel.: (850) 413-4211

Attorney for the Department Fla. Bar No. 140945

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STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES

DIVISION OF LEGAL SERVICES

IN THE MATTER OF:

DEBORAH KAYE SIEBERN

/

CASE NO. 115859-11-AG

ELECTION OF PROCEEDING

I have received and have read the Administrative Complaint filed by the Florida Department of Financial Services ( 11Department") 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)

I. [ l

2.

I 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 suspendlng or revoking my licenses and appointments as may be appropriate.

I 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 (CHOOSE ONE):

[ ] 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.

3, [ ] 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. I 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, I 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, Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390.

Signature

Date:                                                                              

Print Name

Address:                                                                                                   

Date Adn ,inistrative

Complaint Received:                        _

If you arc represented by an attorney or qualified representative, please attach to this election form his or her name, address, telephone and fax numbers

Phone No.:                                                                                        _ Fax No.:                                                                                              

Docket for Case No: 11-002659PL