05-004393 Christopher C. Karpells vs. Department Of Financial Services Status: Closed Recommended Order on Thursday, June 29, 2006.

Summary: Petitioner`s failure to appear resulted in a denial of his license.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHRISTOPHER C. KARPELLS, )

)

Petitioner, )

)

vs. )

) Case No. 05 - 4393

DEPARTMENT OF FINANCIAL )

SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Up on due notice, a disputed - fact hearing was held in this

cause in Tallahassee , Florida, on June 19 , 200 6 , before Ella

Jane P. Davis, a duly - assigned Administrative Law Judge of the

Division of Administrative Hearings.

APPEARANCES

For Petitioner: No Ap pearance

For Respondent: Roxanne Rehm, Esquire

Department of Financial Services

200 East Gaines Street

Tallahassee, Florida 32399 - 0333

STATEMENT OF THE ISSUE

Whether Petitioner should be granted a license to engage in

business a s an insurance adjuster in the State of Florida .

PRELIMINARY STATEMENT

The usual preliminary matters are found in the Findings of

Fact infra .

FINDINGS OF FACT

1. Respondent Agency is charged by law with licensure of

non - resident " all (insurance) lines " public adjusters.

2. On or about July 21, 2005, Respondent denied

Petitioner's application for such licensure as follows:

You have never been licensed in this state

to engage in business as an insurance

adjuster. However, on or about October 1,

2004, yo u identified yourself as a licensed

public adjuster to William H. Baker, of 329

Live Oak Road, Vero Beach, Florida, and

solicited Mr. Baker to hire you to adjust a

claim for hurricane damage with his insurer,

Safeco Insurance Company. On or about

November 4, 2005, Safeco received a Notice

of Representation from you indicating that

you were Mr. Baker's adjuster on his claim.

On or about November 11, 2004, you met with

a Safeco representative and attempted to

settle Mr. Baker's claim.

Legal Basis for Denia l

The denial is based upon the following

Florida Statutes:

Section 626.112(3), Florida Statutes states:

(3) No person shall act as an adjuster as

to any class of business for which he or she

is not then licensed or appointed.

3. Petitioner time ly requested a disputed - fact hearing,

and the cause was referred to the Division of Administrative

Hearings on or about December 2, 2005.

4. The case was scheduled for final hearing on

February 21, 2006, in Tallahassee, Florida , by a Notice mailed

Decemb er 27, 2006. An Order of Pre - hearing Instructions was

entered the same date.

5. Petitioner requested a continuance by a letter filed

February 15, 2006.

6. On February 21, 2006, an Order was entered granting a

continuance until April 20, 2006.

7. On April 17, 2006, Petitioner filed a letter requesting

another continuance.

8. On April 24, 2006, an Order was entered granting a

continuance and requ iring that the parties submit mutually

agreeable dates for hearing by May 10, 2006.

9. On May 10, 2006, a C onsented R esponse was filed.

10. On May 15, 2006, a Notice of Hearing for June 19,

2006, was entered and mailed .

11. On June 19, 2006, when the final hearing was convened ,

Petitioner was not in attendance.

12. Respondent's counsel and Respondent's agency

representative were in attendance. Respondent's counsel

represented that she had been unable to get any telephonic

response from Petitioner for several weeks.

13. The undersigned inquired if any Pre - hearing

Stipulation, as requ ired by the Orde r of Pre - hearing

Instructions had been entered, and Respondent's counsel answered

in the negative. The undersigned inquired if , due to the nature

of the license denial, any agreement to shift the duty to go

forward had been reached, and Respondent's couns el answered in

the negative. The Division's file reflects no stipulations.

14. The undersigned wait ed a half - hour for Petitioner to

appear . He did not appear by the end of that half - hour .

15. Inquir y within the Division revealed that Petitioner

had n either come to the building housing the hearing room , nor

had he telephoned the secretary to the undersigned with any

excuse for his absence.

CONCLUSION OF LAW

16. Petitioner, as a first - time applicant, bears the duty

to go forward and the burden of proo f by a preponderance of the

evidence to establish his entitlement to licensure. Florida

Department of Transportation v. J.W.C. Company, Inc. , 396 So. 2d

778 (Fla. 1st DCA 1981 ). He has failed to go forward and has

failed to bear his burden of ultimate pr oof , and his license

application should be denied.

RECOMMENDATION

Upon the foregoing Findings of Fact and Conclusion of Law,

it is recommended that the Department of Financial Services

enter a final order denying Petitioner's licens e application .

DONE AND ENTERED this 29th day of June , 200 6 , in

Tallahassee, Leon County, Florida.

S

ELLA JANE P. DAVIS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Flo rida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 29th day of June , 200 6 .

COPIES FURNISHED :

Honorable Tom Gallagher

Chief Financial Offi cer

Department of Financial Services

The Capitol, Plaza Level 11

Tallahassee, Florida 32399 - 0300

Carlos G. Mu ? niz, General Counsel

Department of Financial Services

The Capitol, Plaza Level 11

Tallahassee, Florida 32399 - 0300

Roxanne Rehm, Esquire

Depart ment of Financial Services

200 East Gaines Street

Tallahassee, Florida 32399 - 0333

Christopher C. Karpells

857 Brownswitch Road

Unit 154

Slidell, Louisiana 70458

Christopher C. Karpells

585 Old Jail Lane

Barnstable, Maryland 02630

NOTICE OF RIGHT T O SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the final order in this case.