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OFFICE OF FINANCIAL REGULATION vs LAZARUS FINANCIAL GROUP, INC., 16-003695 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-003695 Visitors: 22
Petitioner: OFFICE OF FINANCIAL REGULATION
Respondent: LAZARUS FINANCIAL GROUP, INC.
Judges: YOLONDA Y. GREEN
Agency: Office of Insurance Regulation
Locations: Daytona Beach, Florida
Filed: Jun. 29, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 26, 2016.

Latest Update: Dec. 26, 2024
STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION IN RE: Administrative Proceeding Docket Number: LAZARUS FINANCIAL GROUP, INC., 63682 Respondent ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against Lazarus Financial Group, Inc. (“Respondent”), alleging: GENERAL ALLEGATIONS 1, Pursuant to sections 559.554 and 559.5541, Florida Statutes, the Office is charged with administering and enforcing the provision of Chapter 559 Part VI, Florida Statutes, and conducting examinations and investigations to determine whether any provision of Chapter 559 Part VI, Florida Statutes, has been violated, 2. At all times material, Respondent is or has been a Consumer Collection Agency licensee, having been issued license number CCA9902581. 3. Respondent’s current address of record is 14651 N. Dallas Parkway, Suite 104, Dallas TX 75254. Its President is Sherri McCann. 4. On October 16, 2014, Respondent received a written request from the Office for information concerning a consumer complaint. In Re: Lazarus Financial Group, Inc. Page 1 of 4 5. Pursuant to section 559.725(6), Florida Statutes, a registered consumer collection agency must provide a written response to the Office within 45 days after receipt of a written tequest from the Office for information concerning a consumer complaint. 6. Respondent failed to provide a written response to the Office until December 30, 2014, well after the 45-day deadline of November 30, 2014, in violation. of section 559.725(6), Florida Statutes. 7. Pursuant to section 559.725(6), Florida Statutes, the Office May impose a fine of up to $250 per day upon any registered consumer collection agency that fails to timely respond to a written request from the Office for information Conceming a consumer cornplaint. 8. Therefore, the Office is seeking a fine of $4,500.00. WHEREFORE, Respondent, Lazarus Financial Group, Inc. is hereby notified that the Office intends to enter an Order imposing an administrative fine of $4,500.00. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] In Re: Lazarus Financial Group, Inc. Page 2 of 4 NOTICE OF RIGHTS The licensee is entitled to be represented by counsel or other Qualified representative. The licensee also has the tight 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 Facsimile OR By Hand Delivery Agency Clerk Agency Clerk Office of Financial Regulation Office of Financial Regulation P.O, Box 8050 General Counsel’s Of fice Tallahassee, Florida 32314-8050 The Fletcher Building, Suite 118 Phone: (850) 410-9889 101 East Gaines Street Fax: (850) 410-9663 Tallahassee, Florida 32399-0379 Phone: (850) 410-9889 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 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. In Re: Lazarus Financial Group, Inc. Page 3 of 4 DATED and SIGNED this | day of Faro a4 20 \ & DREW J. BREA Commissioner - Bar No. 0506877 400 W. Robinson St., $-225 Orlando, Florida 32801-1799 (407) 245-0601; fax (407) 245-0806 jennifer. lozano@flofr. com CERTIFICATE OF SERVICE ] HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been furnished by certified U.S. mail, Return Receipt Requested, to Lazarus Financial Group, Inc., Attn: Sherri McCann, President, at 14651 N. Dallas Pkyy, Shite 104, Dallas, Tx 75254, this || dayof Fetp. lo.,201 6 941i 7199 9991 7035 2772 1839 In Re: Lazarus Financial Group, Inc. Page 4 of 4

Docket for Case No: 16-003695
Issue Date Proceedings
Aug. 30, 2016 Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits to the agency.
Aug. 26, 2016 Order Granting Petitioner's Motion to Deem Facts Admitted, Relinquishing Jurisdiction, Canceling Hearing, and Closing File. CASE CLOSED.
Aug. 25, 2016 Amended Notice of Hearing by Video Teleconference (hearing set for August 31, 2016; 9:30 a.m.; Daytona Beach and Tallahassee, FL; amended as to Court Reporter).
Aug. 24, 2016 Order to Show Cause.
Aug. 23, 2016 Petitioner's Motion to Deem Facts Admitted filed.
Aug. 22, 2016 Amended Notice of Hearing by Video Teleconference (hearing set for August 31, 2016; 9:30 a.m.; Daytona Beach and Tallahassee, FL; amended as to Venue).
Aug. 19, 2016 Unilateral Prehearing Statement filed.
Aug. 19, 2016 Request to Appear at Final Hearing by Video filed.
Aug. 18, 2016 Petitioner's Notice of Filing Witness List and (Proposed) Exhibits for Hearing filed (exhibits not available for viewing).
Aug. 17, 2016 Petitioner's Notice of Filing Witness List and Exhibits for Hearing filed.
Aug. 01, 2016 Notice of Transfer.
Jul. 08, 2016 Order (enclosing rules regarding qualified representatives).
Jul. 07, 2016 Order of Pre-hearing Instructions.
Jul. 07, 2016 Notice of Hearing (hearing set for August 31, 2016; 9:30 a.m.; Tallahassee, FL).
Jul. 06, 2016 Petitioner's Unilateral Response to Initial Order filed.
Jun. 30, 2016 Petitioner's First Set of Request for Admissions to Respondent filed.
Jun. 29, 2016 Initial Order.
Jun. 29, 2016 Amended Response to Administrative Complaint filed.
Jun. 29, 2016 Administrative Complaint filed.
Jun. 29, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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