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.
|