Elawyers Elawyers
Washington| Change

OFFICE OF FINANCIAL REGULATION vs EDJ ENTERPRISES, LLC, AND PAUL MAIER, 19-002131 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-002131 Visitors: 4
Petitioner: OFFICE OF FINANCIAL REGULATION
Respondent: EDJ ENTERPRISES, LLC, AND PAUL MAIER
Judges: HETAL DESAI
Agency: Office of Financial Regulation
Locations: Bradenton, Florida
Filed: Apr. 19, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 30, 2019.

Latest Update: Jul. 05, 2024
STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION IN RE: EDJ ENTERPRISES, LLC, and Administrative Proceeding PAUL MAIER, Docket Number: 93536 Respondents. ADMINISTRATIVE COMPLAINT The State of Florida, Office of Financial Regulation, (“Office”) files this Administrative Complaint against EDJ Enterprises, LLC (“EDJ Enterprises”) and Paul Maier, and alleges: GENERAL ALLEGATIONS L. Pursuant to sections 520.994, Florida Statutes, the Office is charged with administering and enforcing the provisions of Chapter 520, Florida Statutes, and pursuant to section 520.996, Florida Statutes, conducting examinations and investigations to determine whether any provision of Chapter 520, Florida Statutes, has been violated. 2. Pursuant to section 520.994 and 520.995, Florida Statutes, failure to comply with any provision of Chapter 520, Florida Statutes, or any rule or order adopted pursuant thereto, is grounds for disciplinary action. 3. At all times material hereto, EDJ Enterprises was a motor vehicle retail installment seller that was doing business at 3907 14" Street West, Bradenton, FL 34205, and holds license no. SF9901141. Paul Maier is the company manager and an owner of EDJ Enterprises. 4. The Office conducted an examination (No. 89021) of Respondent’s business operations for the period beginning July 1, 2016 to December 31, 2017. 5. Pursuant to sections 520.994(4) and 520.995, Florida Statutes, and Rule 69V- 85.111, Florida Administrative Code, the Office may impose and collect an administrative fine of up to $1,000 against any person for each violation of chapter 520 or related rule, and may reprimand, impose probation, suspension, or revocation of a license for violations of chapter 520, Florida Statutes. COUNT I 6. The above general allegations 1 through 5 are hereby re-alleged and incorporated by reference as though fully stated herein. 7. Section 520.995(1)(f), Florida Statutes, provides that failure to maintain, preserve, and keep available for examination all books, accounts, or other documents required by chapter 520, or by any rule or order adopted pursuant to chapter 520, is a violation of law. 8. Section 520.997, Florida Statutes, requires licensees to maintain “books, accounts, and records of the business” to determine whether the business is being operated in accordance with the provisions of chapter 520, Florida Statutes. 9. After the sale of retail installment contracts to another entity, Respondents ceased retaining and, or, failed to maintain, copies of records required by law. 10. In violation of section 520.995(1), Florida Statutes, Respondents failed to retain copies of the books, accounts and records required by law. . 11. Therefore, Respondent is hereby notified that the Office intends to enter an Order imposing an administrative fine of $1,000 for failure to retain or maintain copies of records in violation of law. COUNT I 12. The above general allegations 1 through 5 are hereby re-alleged and incorporated by reference as though fully stated herein. 13. Section 520.999(1), Florida Statutes, requires a licensee to report any change in information contained in an initial application form, or any amendment to such application, not later than 30 days after the change is effective. 14, The application form, OFR-520-01, incorporated by reference in Rule 69V- 85.001(a), Florida Statutes, requires a licensee to identify its address and contact telephone number. 15. Respondent made changes to its business location and telephone contract number, but did not report such changes to the Office within 30 days of the effective date of these changes. 16. In violation of section 520.999(1), Florida Statutes, Respondents failed to report changes to its business address and contact telephone number within 30 days of the effective date of such changes. 17. Therefore, Respondent is hereby notified that the Office intends to enter an Order imposing an administrative fine of $1,000 for failure to report changes of business location and contact telephone number. COUNT Il 18. The above general allegations 1 through 5 are hereby re-alleged and incorporated by reference as though fully stated herein. 19. Section 560.999(2)(a), Florida Statutes, requires that persons or a group of persons proposing to purchase or acquire a controlling interest in a licensee submit an initial application for licensure before such purchase or acquisition. 20. Rule 69V-85.005, Florida Administrative Code, requires that an application for changes of ownership or control be submitted at least 30 day prior to the effective date of the proposed purchase or acquisition of controlling interest. 21. Paul Maier acquired a 90% stake in EDJ on or before April 17, 2018. 22. Respondents failed to submit an initial application 30 days prior to Paul Maier’s acquisition of a 90% interest in EDJ, and had not done so as of the end of the examination period, December 31, 2018. 23. In violation of section 520.999(2)(a), Florida Statutes, and Rule 69V-85.005, Florida Administrative Code, Respondents failed to submit an initial application 30 days prior to Paul Maier’s acquisition of a controlling interest in EDJ. 24. Therefore, Respondent is hereby notified that the Office intends to enter an Order imposing an administrative fine of $1,000 for failure to submit an initial application 30 days prior Paul Maier’s acquisition of a controlling interest in EDJ. WHEREFORE, EDJ Enterprises, LLC, and Paul Maier are hereby notified that the Office intends to enter an Order imposing an administrative fine of $3,000. 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 §§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 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 §120.573, Florida Statutes, is not available. DATED and SIGNED this 28" day of February, 2019. Ronald L. Rubin Commissioner By: /s/ Scott R. Fransen Scott R. Fransen Assistant General Counsel Office of Financial Regulation Fla. Bar No. 0994571 1313 N. Tampa St., Suite 615 Tampa, FL 33602 Telephone: 813.218.5364 Email: scott.fransen@flofr.com Notice to Respondents In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact the Agency Clerk no later than seven (7) days prior to the filing deadline or proceeding, at the Office of Financial Regulation, The Fletcher Building, Suite 118, 101 East Gaines Street, Tallahassee, Florida 32399-0379, Phone: (850) 410-9889, or by Email: agency.clerk@flofr.com. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint has been served by U.S. certified mail to EDJ Enterprises LLC, and Paul Maier, 3907 14" Street West, Bradenton, FL 34205, this 28" day of February, 2019. 4L 7199 9491 70359 5662 09245 /s/ Scott R. Fransen Scott R. Fransen STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION 93536 EDJ Enterprises, LLC ELECTION OF PROCEEDING Ihave 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, I am requesting disposition as indicated below. (CHECK A BOX FOR NUMBER 1, 2, OR 3) 1. [ ] Ido not dispute any of the Office’s factual allegations and application of the law. Therefore, I do not request a hearing. I understand that upon my waiving the right to a hearing, the Office may enter a final order adopting the Administrative Complaint and imposing the sanctions authorized by Florida law, including, but not limited to, suspending or revoking the license, as appropriate. 2. Ido not dispute any of the Office’s factual allegations but dispute the Office’s application of the law. I 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. [ ] Ido dispute one or more of the Office’s factual allegations. I request a formal section 120.57(1), Florida Statutes hearing before the Division of Administrative Hearings. Pursuant to the requirements of Rule 28-106.2015(5)(c), Florida Administrative Code, I am attaching the material facts that I 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 Printed Name & Title : City State Zip Date E-mail Address Telephone Number Fax Number Date Administrative Complaint Received: Page | STATE OF FLORIDA OFFICE OF FINANCIAL REGULATION 93536 EDJ Enterprises, LLC **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, I am disputing the following material facts: Signature of Licensee or Authorized Representative Date Page 2 a i DIVISION OF CONSUMER FINANCE 200 East Gaines Street Tallahassee, FL 32399-0376 91 7199 9591 7035 5642 0429 RETURN SERVICE REQUESTED EDJ Enterprises LLC, and Paul Maier 3907 14 Street West Bradenton, Florida 34205 ATTACHMENT II

Docket for Case No: 19-002131
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer