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Legalease
Legalease, Attorney
Category: Business Law
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Experience:  14 years experience corps, LLC's and partnerships; preparation, negotiation of complex contracts and business agreements
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In May 2009 I self-report criminal action brought against me

Customer Question

In May 2009 I self-report criminal action brought against me by my ex-wife. The report was made to the Florida Office of Insurance Regulations. Then 2+/- years after giving them notice of the action. The OIR decide to take administration action against. My question does the OIR have an obligation to act in a timely manner or can they just wait for an excessive amount of time then take action at will.
The Final Order for this hearing suspended my insurance adjuster's license for 90 days and a fine of $2500 (which) I paid. Then at the end of the 90 days they refused to reinstate my license. The reason for the denial to restate my license was that the law changed in June of 2011 and I am now barred for holding an adjuster's license for 15 years. The final order was issued in October of 2011, well after the law changed.
I did not file an appeal to the final order, due to the attorney for the OIR told my legal conusel that state did not want to revoke my license just a suspension.
Now I am arguing in the Appealet Court that the OIR did not act in a timely manner & structured the hearing to defraud me of the $2500 and acted in an unethical manner. The OIR & there attorney knew or should have known about the change in the law and misrepresentation to my attorney.
Submitted: 2 years ago.
Category: Business Law
Expert:  Fran-mod replied 2 years ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.


Yes, I am ok with that.


 


Also I need to know if there is a provision in the law to grant an exception to allow the OIR to issue the license based on a financial hardship.


 


Thanks,


Don Carter

Expert:  Fran-mod replied 2 years ago.
Thank you for your continued patience. We will continue the search for a professional for you.
Expert:  Legalease replied 2 years ago.

Hello there Don --

-

I see this situation a bit differently -- it was not up to the OIR and their attorneys to inform your attorney of an upcoming change in the law that would affect your plea deal and suspension -- it really was up to your attorney at the time to be current in all of the laws that would affect your case so that he could advise you appropriately on whether or not to agree to the suspension or to fight the OIR in court at that particular point. My suggestion to you here is to file a complaint with the FLorida department that issues licenses to attorneys - that your attorney was not well schooled in the law around your case and he should have been the one to research those laws and act accordingly. You should also look into a legal malpractice claim against that first attorney (although typically there is a 3 year statute of limitations to sue a lawyer but it is at least worth the time to ask a few attorneys who specialize in legal malpractice claims if they believe that there might be a case there to pursue). I will be very surprised if the appeals court agrees that the OIR committed misrepresentation at the time you entered into the plea arrangement. Additionally, there are no stated limits of time in the law that the OIR has to bring the action against you -- but it is worth a try to claim to the court that they did not act in a timely manner in this case because it was quite a bit of time lag between the reporting and the action they took against you. Finally, I do not know of and have never heard of a financial hardship exception to any professional license suspension because the very reason they suspend the license is to keep you from practicing in your field and to cause you financial hardship --- they do it as punishment. I wish I could offer you some more positive news overall with your case because I do think that what happened here stinks -- but I think your best claim is against the lawyer who represented you initially and it may just be too late to pursue any type of claim against him at this point.

--

MARY

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