[FILED ~ APR 08 201 : Docketed by SS CHIEF FINANCIAL OFFICER siren JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: HAMID GOODARZI CASE NO.: 109601-10-AG / ADMINISTRATIVE COMPLAINT TO: HAMID GOODARZI 4022 Palm Place Weston, Florida 33331 HAMID GOODARZI CAROL CITY DISCOUNT INSURANCE 10391 NW 27 Avenue Miami, Florida 33056 You, HAMID GOODARZI, license ID. # A100415, are hereby notified that 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, Pursuant to Chapter 626, Florida Statutes, you, HAMID GOODARZI, are currently licensed in this state as a general lines agent. 2. At all times pertinent to the dates and occurrences referred to herein, you, HAMID GOODARZI, were licensed in this state as a general lines (2-20) insurance agent. Filed July 8, 2011 1:27 PM Division of Administrative Hearings 3. At all times pertinent to the dates and occurrences referred to herein, you, HAMID GOODARZI, were appointed to sell certain insurance products offered by United Automobile Insurance Company (hereinafter “United Auto”). 4. At all times pertinent to the dates and occurrences referred to herein, you, HAMID GOODARZI, were a signatory on Carol City Discount Insurance, Inc,’s bank account at Wachovia Bank, N.A,, account number 2000034150089, 5. Pursuant to Chapter 626, Florida Statutes, the Florida Department of Financial Services (“Department”) has jurisdiction over your insurance licenses and appointments. COUNT I 6. The above general allegations are hereby realleged and fully incorporated herein by reference. 7, On or about December 27, 2008, you, HAMID GOODARZI, wrote and signed check number 2640 in the amount of two thousand two hundred thirty-three dollars and eighty- two cents ($2,233.82) made payable to United Auto. The check was drawn from Wachovia Bank N.A. account number 2000034150089. The account holder was Carol City Discount Insurance, Inc. The check bore the name “Meo T Van” on its “memo” line. The check was issued for payment on policy number 2126792 for insured Meo T. Van as premium due on an automobile insurance policy. 8. On January 2, 2009, United Auto attempted to deposit the above-referenced check into its account. 9. On January 5, 2009, the above-referenced check was returned to United Auto. The check was unable to be cashed and deposited due to insufficient funds. 10. You, HAMID GOODARZI, issued a check to United Auto on behalf of an insured customer, with whom you had a fiduciary relationship, for which its payable amount did not exist in the account from which the check was drawn. IT IS THEREFORE CHARGED that you, HAMID GOODARZI, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) Section 626.561(1), Florida Statutes, which provides that all premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto; (b) Section 626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance; (c) Section 626,611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment; (d) Section 626,611(10), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to misappropriate, convert, or unlawfully withhold moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license; (e) Section 626.621(2), Florida Statutes, which provides that violating any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment is, in itself, a violation of law. COUNT II 11. The above general allegations are hereby realleged and fully incorporated herein by reference. 12, On or about December 30, 2008, you, HAMID GOODARZL, wrote and signed check number 2643 in the amount of eight hundred ninety-eight dollars and sixty cents ($898.60) made payable to United Premium Finance Company, a subsidiary of United Auto, The check was drawn from Wachovia Bank N.A. account number 2000034150089. The account holder was Carol City Discount Insurance, Inc. The check bore “Transmittal (5 apps)” on its “memo” line. This check was issued as an aggregate payment of down payments for policy numbers 2127231, 2127155, 2127060, 2127232, and 2126707, for insureds Carolyn Roach, Robenson Bien Aime, Marie Rose Jocilien, Peta Gay Phillipa Grandison, and Johnny Lee Kemp, respectively. 13. On January 6, 2009, United Premium Finance Company attempted to deposit the above-referenced check into its account. 14, On January 7, 2009, the above-referenced check was returned to United Premium Finance Company. The check was unable to be cashed and deposited due to insufficient funds. 15. You, HAMID GOODARZI, issued a check to United Premium Finance Company on behalf of insured customers, with whom you had a fiduciary relationship, for which its payable amount did not exist in the account from which the check was drawn. IT IS THEREFORE CHARGED that you, HAMID GOODARZI, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) Section 626.561(1), Florida Statutes, which provides that all premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto; (b) Section 626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance; (c) Section 626,611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment; (d) Section 626.611(10), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to misappropriate, convert, or unlawfully withhold moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license; (e) Section 626,621(2), Florida Statutes, which provides that violating any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment is, in itself, a violation of law. COUNT HI 16. The above general allegations are hereby realleged and fully incorporated herein by reference. 17, On or about January 6, 2009, you, HAMID GOODARZI, wrote and signed check number 2650 in the amount of six hundred fifty-eight dollars and four cents ($658.04) made payable to United Premium Finance Company, a subsidiary of United Auto, The check was drawn from Wachovia Bank N.A, account number 2000034150089, The account holder was Carol City Discount Insurance, Inc. The check bore “Transmittal (5 apps)” on its “memo” line, This check was issued as an aggregate payment of down payments for policy numbers 2127558, 2127642, 2127557, 2127385, and 2127910, for insureds Harry Lee Tyre, Monica Elizabeth Burgess, Adrian Jackson, Miguel Burgos, and Stacey Patricia Mcleish, respectively. 18. On January 8, 2009, United Premium Finance Company attempted to deposit the above-referenced check into its account. 19. On January 12, 2009, the above-referenced check was returned to United Premium Finance Company. ‘The check was unable to be cashed and deposited due to insufficient funds, eed eee! 20. You, HAMID GOODARZI, issued a check to United Premium Finance Company on behalf of insured customers, with whom you had a fiduciary relationship, for which its payable amount did not exist in the account from which the check was drawn. IT IS THEREFORE CHARGED that you, HAMID GOODARZI, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) Section 626.561(1), Florida Statutes, which provides that all premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto; (b) Section 626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance; (c) Section 626.611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment; (d) Section 626.611(10), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to misappropriate, convert, or unlawfully withhold moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license; (ce) Section 626.621(2), Florida Statutes, which provides that violating any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment is, in itself, a violation of law. COUNT IV 21. The above general allegations are hereby realleged and fully incorporated herein by reference. 22. On or about January 5, 2009, you, HAMID GOODARZI, wrote and signed check number 2648 in the amount of one hundred fifty-one dollars and ninety cents ($151.90) made payable to United Premium Finance Company, a subsidiary of United Auto. The check was drawn from Wachovia Bank N.A. account number 2000034150089, The account holder was Carol City Discount Insurance, Inc. The check bore “Joyce Jolly” on its “memo” line. The check was issued for payment on policy number 2124852 for insured Joyce Jolly as premium due on an automobile insurance policy. 23. On January 8, 2009, United Premium Finance Company attempted to deposit the above-referenced check into its account. 24, On January 12, 2009, the above-referenced check was returned to United Premium Finance Company. The check was unable to be cashed and deposited due to insufficient funds. 25, You, HAMID GOODARZI, issued a check to United Premium Finance Company on behalf of an insured customer, with whom you had a fiduciary relationship, for which its payable amount did not exist in the account from which the check was-drawn. a — IT IS THEREFORE CHARGED that you, HAMID GOODARZI, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) Section 626.561(1), Florida Statutes, which provides that all premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto; (b) Section’ 626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance; (c) Section 626.611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment; (d) Section 626.611(10), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to misappropriate, convert, or unlawfully withhold moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license; So — (e) Section 626.621(2), Florida Statutes, which provides that violating any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment is, in itself, a violation of law. COUNT V 26, The above general allegations are hereby realleged and fully incorporated herein by reference. 27, On or about January 17, 2009, you, HAMID GOODARZI, wrote and signed check number 2660 in the amount of one thousand seven hundred eighty-eight dollars and ninety-seven cents ($1,788.97) made payable to United Premium Finance Company, a subsidiary of United Auto. The check was drawn from Wachovia Bank N.A. account number 2000034150089, The account holder was Carol City Discount Insurance, Inc, The check bore “Transmittal (6 apps)” on its “memo” line. This check was issued as an aggregate payment of down payments for policy numbers 2127986, 2128057, 2128322, 2127988, 2128323, and 2127990, for insureds Edward White, Geto Voltaire, Joan Georgia Mapp, Frantz Henriquez, Julia Grace Fils, Laurie Ashley Fort, and Julio Galeas, respectively. 28, On January 12, 2009, United Premium Finance Company attempted to deposit the above-referenced check into its account. 29, On January 22, 2009, the above-referenced check was returned to United Premium Finance Company. The check was unable to be cashed and deposited due to insufficient funds. 30. You, HAMID GOODARZI, issued a check to United Premium Finance Company on behalf of insured customers, with whom you had a fiduciary relationship, for which its payable amount did not exist in the account from which the check was drawn. ed IT IS THEREFORE CHARGED that you, HAMID GOODARZI, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) Section 626.561(1), Florida Statutes, which provides that all premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto; (b) Section 626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance; (c) Section 626.611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment; (da) Section 626.611(10), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to misappropriate, convert, or unlawfully withhold moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license; (e) Section 626.621(2), Florida Statutes, which provides that violating any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment is, in itself, a violation of law. COUNT VI 31. The above general allegations are hereby realleged and fully incorporated herein by reference, 32, On or about January 19, 2009, you, HAMID GOODARZI, wrote and signed check number 2659 in the amount of two thousand one hundred ninety-seven dollars and ninety- two cents ($2,197.92) made payable to United Auto. The check was drawn from Wachovia Bank N.A. account number 2000034150089. The account holder was Carol City Discount Insurance, Inc. The check bore “Kanagarja Kandaswamy” on its “memo” line. The check was issued for payment on policy number 2127845 for insured Kanagarja Kandaswamy as premium due on an automobile insurance policy. 33. On January 22, 2009, United Auto attempted to deposit the above-referenced check into its account. 34, On January 23, 2009, the above-referenced check was returned to United Auto. The check was unable to be cashed and deposited due to insufficient funds. 35, You, HAMID GOODARZI, issued a check to United Auto on behalf of an insured customer, with whom you had a fiduciary relationship, for which its payable amount did not exist in the account from which the check was drawn. IT IS THEREFORE CHARGED that you, HAMID GOODARZI, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida 12 Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) Section 626.561(1), Florida Statutes, which provides that all premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust’ funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall! account for and pay the same to the insurer, insured, or other person entitled thereto; (b) Section 626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance; (c) Section 626,611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment; (d) Section 626.611(10), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to misappropriate, convert, or unlawfully withhold moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license; (e) Section 626.621(2), Florida Statutes, which provides that violating any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment is, in itself, a violation of law. 13 COUNT VII 36. The above general allegations are hereby realleged and fully incorporated herein by reference. 37, On or about January 20, 2009, you, HAMID GOODARZI, wrote and signed check number 2661 in the amount of seven hundred thirteen dollars and fifty-seven cents ($713.57), made payable to United Premium Finance Company, a subsidiary of United Auto. The check was drawn from Wachovia Bank N.A. account number 2000034150089. The account holder was Carol City Discount Insurance, Inc. The check bore “Transmittal (5 apps)” on its “memo” line. This check was issued as an aggregate payment of down payments for policy numbers 2127989, 2128810, 2128433, 2128694, and 2128056, for insureds Yolanda Alecia Greaves, Gerard Michel Jean, Norah Beverly, Emma Louise Batts, and Ismenie Odenat, respectively. 38. On January 23, 2009, United Premium Finance Company attempted to deposit the above-referenced check into its account. 39, On January 26, 2009, the above-referenced check was returned to United Premium Finance Company. The check was unable to be cashed and deposited due to insufficient funds. 40. You, HAMID GOODARZI, issued a check to United Premium Finance Company on behalf of insured customers, with whom you had a fiduciary relationship, for which its payable amount did not exist in the account from which the check was drawn. IT IS THEREFORE CHARGED that you, HAMID GOODARZI, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida 14 Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: (a) Section 626.561(1), Florida Statutes, which provides that all premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto; (b) Section 626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance; (c) Section 626.611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment; (d) Section 626.611(10), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to misappropriate, convert, or unlawfully withhold moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license; (e) Section 626.621(2), Florida Statutes, which provides that violating any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment is, in itself, a violation of law. COUNT VHI 41. The above general allegations are hereby realleged and fully incorporated herein by reference. 42. On or about January 22, 2009, you, HAMID GOODARZI, wrote and signed check number 2663 in the amount of five hundred five dollars and sixty-one cents ($505.61) made payable to United Premium Finance Company, a subsidiary of United Auto. The check was drawn from Wachovia Bank N.A. account number 2000034150089. The account holder was Carol City Discount Insurance, Inc. The check bore “Transmittal (4 apps)” on its “memo” line. This check was issued as an aggregate payment of down payments for policy numbers 2129191, 2129092, 2129302, and 2129190, for insureds Shekeyla Danae Roberts, Karina C. Scarlett, Billy Lee Wilkerson, Jr., and Eulimae Williams, respectively. 43, On January 26, 2009, United Premium Finance Company attempted to deposit the above-referenced check into its account. 44, On January 27, 2009, the above-referenced check was returned to United Premium Finance Company. The check was unable to be cashed and deposited due to insufficient funds. 45. You, HAMID GOODARZI, issued a check to United Premium Finance Company on behalf of insured customers, with whom you had a fiduciary relationship, for which its payable amount did not exist in the account from which the check was drawn. IT IS THEREFORE CHARGED that you, HAMID GOODARZI, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: 16 (a) Section 626.561(1), Florida Statutes, which provides that all premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto; (b) Section 626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance; (c) Section 626.611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment; (d) Section 626.611(10), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to misappropriate, convert, or unlawfully withhold moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license; (e) Section 626,621(2), Florida Statutes, which provides that violating any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment is, in itself, a violation of law. 17 COUNT IX 46. The above general allegations are hereby realleged and fully incorporated herein by reference. 47, On or about January 26, 2009, you, HAMID GOODARZI, wrote and signed check number 2665 in the amount of one hundred seventy-six dollars and twenty-five cents ($176.25) made payable to United Premium Finance Company, a subsidiary of United Auto. The check was drawn from Wachovia Bank N.A. account number 2000034150089. The account holder was Carol City Discount Insurance, Inc. The check bore “Allison Johnson” on its “memo” line. The check was issued for payment on policy number 2129427 for insured Allison Johnson as premium due on an automobile insurance policy. 48. | United Premium Finance Company attempted to deposit the above-referenced check into its account. 49, On January 28, 2009, the above-referenced check was returned to United Premium Finance Company, The check was unable to be cashed and deposited due to insufficient funds. 50. You, HAMID GOODARZI, issued a check to United Premium Finance Company on behalf of an insured customer, with whom you had a fiduciary relationship, for which its payable amount did not exist in the account from which the check was drawn. IT IS THEREFORE CHARGED that you, HAMID GOODARZI, have violated or are accountable under one or more of the following provisions of the Florida Statutes or Florida Administrative Code, which constitute grounds for the suspension or revocation of your licenses as a Florida insurance agent: 18 (a) Section 626.561(1), Florida Statutes, which provides that all premiums, return premiums, or other funds belonging to insurers or others received by an agent, solicitor, or adjuster in transactions under his license shall be trust funds so received by the licensee in a fiduciary capacity; and the licensee in the applicable regular course of business shall account for and pay the same to the insurer, insured, or other person entitled thereto; (b) Section 626.611(7), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to demonstrate a lack of fitness or trustworthiness to engage in the business of insurance; (c) Section 626,611(9), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to exhibit fraudulent or dishonest practices in the conduct of business under the license or appointment; (d) Section 626.611(10), Florida Statutes, which provides that it is a violation for any applicant, agent, title agency, adjuster, customer representative, service representative, or managing general agent to misappropriate, convert, or unlawfully withhold moneys belonging to insurers or insureds or beneficiaries or to others and received in conduct of business under the license; (e) Section 626,621(2), Florida Statutes, which provides that violating any provision of this Code or any law applicable to the business of insurance in the course of dealing under the licensure or appointment is, in itself, a violation of law. WHEREFORE, you, HAMID GOODARZI, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent 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. 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 DFS Agency Clerk, Julie Jones, Florida Department of Financial Services, 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: (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"). 20 (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 shall 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. (e) 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 21 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. a ° DATED and SIGNED this Ut day of ,2011, Gregory Thonias Director, Agent & Agency Services CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: HAMID GOODARZI at 4022 Palm Place, Weston, Florida 33331; and HAMID GOODARZI, CAROL CITY DISCOUNT INSURANCE10391 NW 27 Avenue, Miami, Florida 33056 by Certified Mail, restricted delivery, this @ day of Apr é 2011. Douglas 7 Dolan Assistant General Counsel Department of Financial Services Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 (850) 413-4114 Florida Bar No. 0011121 22 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES IN THE MATTER OF: HAMID GOODARZI CASE NO.: 109601-10-AG ELECTION OF PROCEEDING I have 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) Lt] 30] 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 suspending 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 {1 Attend that same hearitig by way of a telephone conference call. 1 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, DFS Agency Clerk, Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. Signature Print Name Date: 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.: 23

Docket for Case No: 11-003360PL