FILED OCT 092 CHIEF FINANCIAL OFFICER Docketed by JEFF ATWATER STATE OF FLORIDA IN THE MATTER OF: RONALD NOBLE CASE NO,; 134081-13-FC (License Number: F046246) / ADMINISTRATIVE COMPLAINT | TO: RONALD NOBLE 86224 FIELDSTONE DRIVE YULEE, FL 32907 RONALD NOBLE is hereby notified that the Division of Funeral, Cemetery, and Consumer Services has directed an investigation in connection with your license to operate as a Funeral Director & Embalmer, The allegations set forth below are based on the aforementioned investigation. GENERAL ALLEGATIONS 1. The Board of Funeral, Cemetery, and Consumer Services (“Board”), created within the Division of Funeral, Cemetery and Consumer Services (“Division”), and the Department of Financial Services (“Department”), have jurisdiction over your licensure as a Funeral Director & Embalmer and the subject matter of this proceeding, pursuant to the provisions of Section 20.121, and Chapter 497, Florida Statutes. 2. The Board has the authority to determine through probable cause panels whether there is probable cause to believe there is a violation of Chapter 497, Florida Statutes, and whether a proposed administrative prosecution of a licensee shall go forward, as set forth in Sections 497.103(1)(v) and 497.153(3), Florida Statutes. 3. A probable cause panel on July 29, 2013, found probable cause to charge RONALD NOBLE with violations of Chapter 497, Florida Statutes, and the Department’s administrative rules, as alleged in the Division’s investigative file, maintained within Division records as ATN-17635, and directed the Department to prosecute the matter. 4, At all times relevant to the allegations of this Administrative Complaint, RONALD NOBLE was licensed as a Funeral Director & Embalmer, license number F046246 pursuant to the provisions of Chapter 497, Florida Statutes. Count I 5. The above General Allegations are hereby re-alleged and fully incorporated herein by reference. 6. On or about November 2, 2011, the Division received a complaint from Oxley- Heard Funeral Directors (hereinafter “Oxley-Heard”) as to the activities of Ronald Noble while employed at Oxley-Heard. 7, Subsequently, the Division conducted an investigation into allegations that Ronald Noble embezzled company funds while employed with Oxley-Heard. 8. During the investigation, it was determined that Ronald Noble was hired as a Funeral Director and Embalmer at Oxley Heard in 1994, 9, On or about January 1, 1995, Oxley-Heard promoted Ronald Noble to Vice President. Mr. Noble’s duties included, but were not limited to, maintaining company financial records and company accounts, as well as making payments on behalf of the company. 10. In December 2004, Oxley-Heard discovered that Mr, Noble embezzled approximately $29,000 in company funds, Based on this discovery, Oxley-Heard terminated Mr. 2 Noble’s duties as Vice-President, placed him on two (2) years company probation, and required Mr. Noble to reimburse the company the full amount. Mr. Noble was able to maintain employment at Oxley-Heard as a Funeral Director and Embalmer. 11, ‘In April 2005, Oxley-Heard performed a routine audit of the preneed files. It was discovered that a contract marked paid in full did not have a matching deposit, Mr. Noble admitted trading preneed services for antique firearms. Oxley-Heard corrected the preneed problem and issued Mr. Noble a final warning. 12. In June 2005, Oxley-Heard discovered that Mr. Noble, once again, embezzled company funds. Subsequently, Oxley-Heard terminated Mr. Noble’s employment. 13. After Mr. Noble’s termination, Oxley-Heard conducted a more thorough audit of all company records. 14. The audit report indicated that Mr. Noble embezzled in excess of $300,000 for his personal use. 15, In December 2007, Oxley-Heard initiated legal proceedings against Mr. Noble. 16, On or about August 8, 2011, Mr. Noble and Oxley entered into a Consent Final Judgment, In this order, Mr. Noble admitted to embezzling company funds for his personal use and breaching his fiduciary duty to the Company. Mr, Noble was ordered to repay Oxley-Heard $250,000. IT IS THEREFORE CHARGED that RONALD NOBLE violated one or more of the following provisions of the Florida Statutes and/or the Florida Administrative Code, which constitutes sufficient grounds for the suspension or revocation of your license as a Funeral Director & Embalmer in this state: (a) Section 497,152(1)(a), Florida Statutes, which provides that it is a violation to fail to comply with any provision of this chapter or any lawful order of the board or department or of 3 the statutory predecessors to the board or department. (b) — Section 497.152(1)(b), Florida Statutes, which provides that it is a violation to . commit fraud, deceit, negligence, incompetency, or misconduct in the practice of any of the _ activities regulated under this chapter. (c) Section 497.165, Florida Statutes, which provides that the owners, officers, and directors of any licensee under this chapter may be held jointly and severally liable for any deficiency in any trust fund required by this chapter, to the extent the deficiency arose during the period they were owners, officers, or directors of the licensee, if they intentionally or through gross negligence in the performance of their duties caused the deficiency or substantially contributed to conditions that allowed the deficiency to arise or increase. (d) Section 497,170(1), Florida Statutes, which provides that it is a violation to agree to any arrangement to provide merchandise or services as defined in this chapter, by which payment for such merchandise or services is to be paid for through a financial arrangement, other than as authorized pursuant to this chapter, in which the provider of the merchandise or services is a beneficiary, party, agent, or owner is in violation of this chapter. WHEREFORE, the Department respectfully requests that the Board enter an order imposing one or more of the following penalties on RONALD NOBLE: revocation or suspension of license; imposition of an administrative fine not to exceed five thousand dollars ($5,000) for each count or separate offense; issuance of a written reprimand; probation; ” assessment of costs associated with investigation and prosecution; a requirement that RONALD NOBLE make restitution; and/or such other penalty or condition as is authorized under section ‘ 497,153(5), Florida Statutes. NOTICE OF RIGHTS The Licensee has the right to request a proceeding to contest this action by the Board ~ 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 the Licensee, and must be filed with the Department within twenty-one (21) days of its 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, The written response must be received by the Department no later than 5:00 p.m. on the twenty-first day after receipt of this notice. Mailing the response on the twenty- first day will not preserve the right to a hearing. FAILURE TO RESPOND IN WRITING WITHIN TWENTY- ONE (21) DAYS OF RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF RESPONDENT’S RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST RESPONDENT’S LICENSE. If the License requests a proceeding, the License 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, its 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, the License, is 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 5 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. (ce) _ A statement including the file number to the administrative complaint. If a hearing of any type is requested, the Licensee has the right to be represented by counsel or other qualified representative at its 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. The Licensee may submit oral or written evidence in opposition to the action taken by the Board or a written statement challenging the grounds upon "which the Board has relied, While a hearing is normally not required in the absence of a dispute of fact, if the Licensee feels that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon request. . However, if the Licensee disputes material facts which are the basis for the Board’s action, the Licensee must request an adversarial proceeding pursuant to Sections 120.569 and 120,57(1), Florida Statutes. These proceedings are held before an 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 the Licensee’s 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 6 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. DATED and SIGNED this q Yury of (x to bev , 2013, STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF LEGAL SERVICES. IN THE MATTER OF: RONALD NOBLE CASE NO.: 134081-13-FC (License Number: F046246), ELECTION OF PROCEEDING Respondent has received and has read the Administrative Complaint filed by the Florida Department of Financial Services ("Department"), including the Notice of Rights contained therein, and understands its options, Respondent is requesting disposition of this matter as indicated below. (CHOOSE ONE) 1C) 3.0] Respondent does not dispute any of the Department's factual allegations and does not desire a hearing. Respondent understands that by waiving its right to a hearing, the Board of Funeral, Cemetery and Consumer Services (“Board”) may enter a final order that adopts the Administrative Complaint and imposes the sanctions sought, including suspending or revoking my license(s) as may be appropriate, Respondent does not dispute any of the Department's factual allegations and hereby elects a proceeding to be conducted in accordance with Sections 120,57(2) and 497.153(4)(b), Florida Statutes. In this regard, Respondent desires to (CHOOSE ONE): {] Submit a written statement and documentary evidence to the Board in lieu of personally appearing at a hearing conducted by the Board at the location of a regularly scheduled Board meeting; OR {] Personally attend a hearing conducted by the Board at the location of a regularly scheduled Board meeting. Respondent does dispute one or more of the Department's factual allegations, and hereby requests a hearing pursuant to Section 120.57(1), Florida Statutes, to be held before the Division of Administrative Hearings. Respondent has 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, it has identified the disputed issues of material fact in the response attached hereto, TO PRESERVE THE RIGHT TO A HEARING, RESPONDENT MUST FILE ITS RESPONSE WITH THE DEPARTMENT OF FINANCIAL SERVICES WITHIN TWENTY-ONE (21) DAYS OF 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 RESPONDENT’S 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 Print Name Date Address Date Administrative Complaint Received If represented by an attorney or qualified Phone No. representative, please attach to this clection form his or her name, address, telephone and fax numbers Fax No, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF (in FORM has been furnished by U.S. Certified Mail, return receipt requested this Gy ‘ayo of 0: slo f EN , 2013, to: RONALD NOBLE 86224 FIELDSTONE DRIVE YULEE, FL 32907 Lp Linje Rivers Florida Department of Financial Services 200 E. Gaines St. 6" Floor Tallahassee, FL 32399-0390 Phone (850) 413-4230 Fax: (850) 488-0697 Counsel for the Department

Docket for Case No: 15-000048PL