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OFFICE OF FINANCIAL REGULATION vs PATRICIA ALEXIS, D/B/A PA SERVICES, 16-001139 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-001139 Visitors: 3
Petitioner: OFFICE OF FINANCIAL REGULATION
Respondent: PATRICIA ALEXIS, D/B/A PA SERVICES
Judges: CATHY M. SELLERS
Agency: Office of Financial Regulation
Locations: Miami, Florida
Filed: Feb. 29, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 30, 2016.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION IN RE: Administrative Proceeding Docket Number: 56939 PATRICIA ALEXIS, D/B/A PA SERVICES, Respondent. ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against PATRICIA ALEXIS, D/B/A PA SERVICES (“Respondent”), alleging: GENERAL ALLEGATIONS 1. Pursuant to sections 560.105 and 560.109, Florida Statutes, the Office is charged with administering and enforcing the provisions of Chapter 560, Florida Statutes, and conducting examinations and investigations to determine whether any provision of Chapter 560, Florida Statutes, has been violated. 2. Pursuant to section 560.114(1)(a), Florida Statutes, failure to comply with any provision of Chapter 560, Florida Statutes, or related rule constitutes grounds for disciplinary action. 3. At all times material, Respondent has been a Part III Money Transmitter licensee pursuant to Chapter 560, Florida Statutes, and specifically a “money services business,” as defined in section 560.103(22), Florida Statutes, having been issued license number FT30800777. 4. At all times material, Respondent’s address of record is and has been 6306 N.W. 2™ Avenue, Miami Florida 33150, with Patricia Alexis as its sole owner and officer. Administrative Proceeding Docket Number 56939 Administrative Complaint Page | of 7 5. In May 2013, the Office attempted to conduct an examination (#42838) of Respondent’s business records for the time period of April 1, 2011 through April 30, 2013, (“examination period”). 6. As a matter of course, the Office regularly reviews the submissions due from licensees. 7. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for an “A” level fine is between $1,000 and $3,500; and pursuant to Rule 69V-560.1000(151), Florida Administrative Code, the range for an “A” suspension is 3 to 10 days. 8. Pursuant to Rule 69V-560.1000(150), Florida Administrative Code, the range for a “B” level fine is between $3,500 and $7,500; and, pursuant to Rule 69V-560.1000(151), Florida Administrative Code, the range for a “B” suspension is 10 to 20 days. COUNT I 9. The above general allegations are hereby re-alleged and incorporated by reference as if fully stated herein. 10. In its initial application, Respondent listed its address as 6306 N.W. 24 Avenue, Miami, Florida 33150. However, when an examiner went to this location, the property appeared to be abandoned. 11. To date, Respondent has not provided the Office with a new business address or address where records are stored. 12. Pursuant to section 560.126(2), Florida Statutes, a licensee must report on a form adopted by rule, within 30 days, any change in the information contained within the initial application. Administrative Proceeding Docket Number 56939 Administrative Complaint Page 2 of 7 13. Therefore, in violation of section 560.126(2), Florida Statutes, Respondent failed to update the Office of a change in information contained within its initial application. 14. Pursuant to Rule 69V-560.1000(52), Florida Statutes, a licensee cited for the first time for violating section 560.126(2), Florida Statutes, is subject to an “A” fine. 15. Therefore, the Office is seeking an administrative fine of $1,000. COUNT II 16. The above general allegations and paragraphs 10 and 11, are hereby re-alleged and incorporated by reference as if fully stated herein. 17. On April 30, 2013, a letter announcing the Office’s intent to examine Respondent was sent to Respondent at its address of record; no response was received by the Office. 18. On May 2, 2013, the Office’s examiner went to Respondent’s address of record; however the building appeared to be abandoned. 19. Subsequently, the examiner called Patricia Alexis who indicated she was no longer conducting check cashing business. 20. On March 5, 2014, the Office’s Area Financial Manager, contacted Ms. Alexis via telephone and email. The Area Financial Manager received a response to the Office’s email and the manager spoke to Ms. Alexis on the telephone. The Office then emailed Ms. Alexis an examination questionnaire. 21. To date, Respondent has not responded to the Office’s further attempts to communicate either by telephone or email. 22. Therefore, Respondent willfully chose not to cooperate with the Office’s efforts to conduct an examination, including but not limited to, the provision of any of the records required for an examination. Administrative Proceeding Docket Number 56939 Administrative Complaint Page 3 of 7 23. Pursuant to section 560.114(1)(f), Florida Statutes, a money services business is subject to discipline if it refuses to allow the examination or inspection of books, accounts, files, or other documents by the Office. 24. Pursuant to Rule 69V-560.1000(17), Florida Administrative Code, a licensee cited for the first time for violating section 560.114(1)(f), Florida Statutes, is subject to a “B” fine and a “B” suspension or revocation. 25. Therefore, the Office is seeking a $7,500 fine and revocation. COUNT Il 26. The above general allegations are hereby re-alleged and incorporated by reference as if fully stated herein. 27. Pursuant to section 560.118(2), Florida Statutes, licensees are required to file timely quarterly reports. Pursuant to Rule 69V-560.602, Florida Administrative Code, quarterly reports are due no later than forty-five (45) days after the conclusion of each quarter. 28. Respondent untimely filed its 34 quarter of 2013, quarterly report and failed to file quarterly reports at all for the following quarters: 3" Quarter of 2012 3 Quarter of 2013 4" Quarter of 2013 1 Quarter of 2014 29. Respondent was previously cited for untimely quarterly report filings. On December 28, 2010, a Final Order was issued in Administrative Proceeding Docket Number 0664-MR-3/10 citing Respondent for violation of section 560.118(2), Florida Statutes. 30. Pursuant to Rule 69V-560.1000(39), Florida Administrative Code, a licensee cited for violating section 560.118(2), Florida Statutes, for the second time is subject to a “B” fine and a “B” suspension. Administrative Proceeding Docket Number 56939 Administrative Complaint Page 4 of 7 31. Respondent untimely filed one quarterly report and failed to file four quarterly reports, in violation of section 560.118(2), Florida Statutes, and Rule 69V-560.602, Florida Administrative Code. 32. Therefore, the Office is seeking to impose an administrative fine of $5,500. WHEREFORE, Respondent, PATRICIA ALEXIS, D/B/A PA SERVICES, is hereby notified that the Office intends to enter an Order imposing an administrative fine of $14,000 and revocation of license number FT30800777. NOTICE OF RIGHTS The licensee is entitled to be represented by counsel or other qualified representative. The licensee also has the right to request a hearing pursuant to sections 120.569 and 120.57, Florida Statutes. Such request must comply with Rules 28-106.2015 and 28-106.104, Florida Administrative Code. An Election of Proceeding form is attached for your convenience. Any such request must be filed as follows: By Mail or Fax OR By Hand Delivery Office of Financial Regulation Office of Financial Regulation P.O. Box 8050 General Counsel’s Office Tallahassee, FL 32314-8050 The Fletcher Building, Suite 118 Phone: (850) 410-9987 101 East Gaines Street Fax: (850) 410-9914 Tallahassee, FL 32399-0379 Phone: (850) 410-9987 TO PRESERVE THE RIGHT TO A HEARING, A WRITTEN RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION WITHIN TWENTY-ONE (21) DAYS AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. SAID RESPONSE MUST BE RECEIVED BY THE OFFICE NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. A FAILURE TO TIMELY RESPOND IN WRITING WILL Administrative Proceeding Docket Number 56939 Administrative Complaint Page 5 of 7 CONSTITUTE A WAIVER OF THE LICENSEE’S RIGHT TO REQUEST A HEARING AND A FINAL ORDER MAY BE ENTERED WITHOUT FURTHER NOTICE. You may not make an oral request for an administrative hearing. With regard to a written request, if you fail to follow the outlined procedure, your request may be dismissed. Any request for an administrative proceeding received prior to the date of this notice is deemed abandoned and to be considered, must be timely renewed in compliance with the procedure set forth above. Mediation of this matter pursuant to section 120.573, Florida Statutes, is not available. DATED and SIGNED this 4/ “day of Prag ust 20/5. 4 ~ 1c “ oOSTICE 0, ‘Nae wi, A ‘A Sy%ar aio ge 7Loaio* DREW J. BREAKSPEAR Commissioner By: SL— enny Salvia Assistant General Counsel Office of Financial Regulation Fla. Bar No. 0055319 1313 N. Tampa Street, Suite 615 Tampa, FL 33602-3328 (813) 218-5308 Jenny.Salvia@flofr.com Administrative Proceeding Docket Number 56939 Administrative Complaint Page 6 of 7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been furnished by FedEX to PATRICIA ALEXIS, D/B/A PA SERVICES at 1024 NW 100" Street, Miami Florida 33150, this ie! day of Agito 20 LS. Mai Administrative Proceeding Docket Number 56939 Administrative Complaint Page 7 of 7 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION Administrative Proceeding Docket No. 56939 Patricia Alexis 1024 NW 100" Street Miami, Florida 33150 ELECTION OF PROCEEDING | have received and read the Administrative Complaint, including the Notice of Rights, filed by the Office of Financial Regulation (“Office”) regarding the above-referenced licensee. As the licensee or the authorized representative of the licensee, | am requesting disposition as indicated below. (CHECK A BOX FOR NUMBER 1, 2, OR 3) 1. [ ] | do not dispute any of the Office’s factual allegations and application of the law as stated in the Administrative Complaint. Therefore, | do not request a hearing in this matter. | understand that upon my waiving the right to a hearing, the Office may enter a final order imposing a penalty as set forth in the Administrative Complaint. 2. 1|do not dispute any of the Office’s factual allegations but dispute the Office’s application of the law to those factual allegations, and request disposition of this matter pursuant to Section 120.57(2), Florida Statutes. | request to (CHECK ONE OF THE FOLLOWING OPTIONS): [ ] Submit a written statement with supporting documentation to a Hearing Officer in lieu of a hearing; OR [ ] In person, attend a hearing conducted by a Hearing Officer; OR [ ] By telephone conference call, attend a hearing conducted by a Hearing Officer. 3. [ ] | do dispute one or more of the Office’s factual allegations. | request a section 120.57(1), Florida Statutes, formal hearing before the Division of Administrative Hearings. Pursuant to the requirements of Rule 28-106.2015(5)(c), Florida Administrative Code, |_am attaching the material facts that | dispute (SEE PAGE 2). TO PRESERVE THE RIGHT TO A HEARING, A RESPONSE MUST BE FILED WITH THE OFFICE OF FINANCIAL REGULATION WITHIN TWENTY-ONE (21) DAYS OF THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. THE RESPONSE MUST BE RECEIVED BY THE OFFICE NO LATER THAN 5:00 P.M. ON THE TWENTY-FIRST DAY AFTER THE RECEIPT OF THE ADMINISTRATIVE COMPLAINT. The address for filing is: P.O. Box 8050, Tallahassee, Florida 32314-8050. If hand delivery is preferred, the physical address is: General Counsel’s Office, The Fletcher Building, Suite 118, 101 E. Gaines Street, Tallahassee, FL 32399. Signature of Licensee or Mailing Address Authorized Representative of Licensee Printed Name & Title City State Zip Date E-mail Address Telephone Number Fax Number Date Administrative Complaint was Received: Election of Proceeding Page 1 of 2 STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION Administrative Proceeding Docket No. 56939 Patricia Alexis 1024 NW 100" Street Miami, Florida 33150 **YOU ARE TO COMPLETE THE FOLLOWING ONLY IF YOU HAVE CHECKED NUMBER 3 ON THE PRECEDING PAGE. If you need more space, you may provide additional pages. As the licensee or the authorized representative of the licensee, | am disputing the following material facts: Signature of Licensee or Authorized Representative Date Election of Proceeding Page 2 of 2

Docket for Case No: 16-001139
Issue Date Proceedings
Mar. 30, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 30, 2016 Unopposed Motion to Relinquish Jurisdiction filed.
Mar. 14, 2016 Notice of Petitioner's First Request for Production filed.
Mar. 14, 2016 Notice of Petitioner's First Request for Interrogatories filed.
Mar. 14, 2016 Notice of Petitioner's First Request for Admissions filed.
Mar. 10, 2016 Notice of Petitioner's First Request for Production filed.
Mar. 10, 2016 Notice of Petitioner's First Request for Interrogatories filed.
Mar. 10, 2016 Notice of Petitioner's First Request for Admissions filed.
Mar. 09, 2016 Order of Pre-hearing Instructions.
Mar. 09, 2016 Notice of Hearing by Video Teleconference (hearing set for May 9, 2016; 10:00 a.m.; Miami and Tallahassee, FL).
Mar. 08, 2016 Joint Response to the Initial Order filed.
Mar. 01, 2016 Initial Order.
Feb. 29, 2016 Election of Proceeding filed.
Feb. 29, 2016 Administrative Complaint filed.
Feb. 29, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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