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IN THE MATTER OF: AVALON FINANCIAL ("Respondent") * * * * * * * * * * * * * * * * * * |
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ORDER REVOKING AND AND ORDER TO CEASE AND DESIST |
I. PRELIMINARY STATEMENT
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part XII of Chapter 669, Sections 36a-800 to 36a-810, inclusive, of the Connecticut General Statutes, “Consumer Collection Agencies”, and the regulations promulgated thereunder (Sections 36a-809-6 to 36a-809-17, inclusive, of the Regulations of Connecticut State Agencies);
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation of the activities of Respondent, pursuant to the authority granted by Section 36a-17 of the 2012 Supplement to the General Statutes, to determine if Respondent had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
WHEREAS, on April 13, 2012, the Commissioner, acting pursuant to Sections 36a-802(b), 36a-52(b), 36a-804(a) and 36a-804(a)(3) of the Connecticut General Statutes, subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, and Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes, issued a Notice of Automatic Suspension, Temporary Order to Cease and Desist, Notice of Intent to Revoke and Refuse to Renew Consumer Collection Agency License, Notice of Intent to Issue Order to Cease and Desist and Notice of Right to Hearing (collectively “Notice”) against Respondent, which Notice is incorporated herein by reference;
WHEREAS, on April 16, 2012, the Notice was sent by certified mail, return receipt requested, to Respondent (Certified Mail Nos. 70112000000247358451 and 70112000000247358468);
WHEREAS, the Notice provided Respondent with the opportunity for a hearing and stated that if a hearing was not requested within 14 days of its receipt, the Commissioner would issue an order revoking and refusing to renew Respondent’s license to act as a consumer collection agency in Connecticut from 2101 Fourth Avenue, Suite 900, Seattle, Washington, and issue an order that Respondent cease and desist from violating Section 36a-802(a) of the Connecticut General Statutes;
WHEREAS, on April 20, 2012, Respondent received the Notice sent by Certified Mail No. 70112000000247358468 and on April 24, 2012, Respondent received the Notice sent by Certified Mail No. 70112000000247358451; and no request for a hearing has been received by the Commissioner;
WHEREAS, the Commissioner alleged in the Notice, with respect to the activity described therein, that Respondent’s failure to maintain a surety bond that runs concurrently with the period of its consumer collection agency license constitutes sufficient grounds for the Commissioner to deny an application for such license and constitutes a violation of Section 36a-802(a) of the Connecticut General Statutes, both of which, pursuant to Sections 36a-804(a) and 36a-804(a)(3) of the Connecticut General Statutes and subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, constitute sufficient grounds to revoke and refuse to renew Respondent’s license to act as a consumer collection agency in Connecticut from 2101 Fourth Avenue, Suite 900, Seattle, Washington, and forms a basis to issue an order to cease and desist pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes;
WHEREAS, Section 36a-51(b) of the 2012 Supplement to the General Statutes provides, in pertinent part, that “[i]f the licensee does not request a hearing within the time specified in the notice . . . , the commissioner shall . . . revoke or refuse to renew the license. No such license shall be . . . revoked except in accordance with the provisions of chapter 54”;
WHEREAS, Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part, that “[i]f the person does not request a hearing within the time specified in the notice . . . , the commissioner shall issue an order to cease and desist against the person. No such order shall be issued except in accordance with the provisions of chapter 54”;
AND WHEREAS, Section 36a-1-31(a) of the Regulations of Connecticut State Agencies provides, in pertinent part, that “[w]hen a party fails to request a hearing within the time specified in the notice, the allegations against the party may be deemed admitted. Without further proceedings or notice to the party, the commissioner shall issue a final decision in accordance with section 4-180 of the Connecticut General Statutes and section 36a-1-52 of the Regulations of Connecticut State Agencies”.
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation of the activities of Respondent, pursuant to the authority granted by Section 36a-17 of the 2012 Supplement to the General Statutes, to determine if Respondent had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
WHEREAS, on April 13, 2012, the Commissioner, acting pursuant to Sections 36a-802(b), 36a-52(b), 36a-804(a) and 36a-804(a)(3) of the Connecticut General Statutes, subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, and Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes, issued a Notice of Automatic Suspension, Temporary Order to Cease and Desist, Notice of Intent to Revoke and Refuse to Renew Consumer Collection Agency License, Notice of Intent to Issue Order to Cease and Desist and Notice of Right to Hearing (collectively “Notice”) against Respondent, which Notice is incorporated herein by reference;
WHEREAS, on April 16, 2012, the Notice was sent by certified mail, return receipt requested, to Respondent (Certified Mail Nos. 70112000000247358451 and 70112000000247358468);
WHEREAS, the Notice provided Respondent with the opportunity for a hearing and stated that if a hearing was not requested within 14 days of its receipt, the Commissioner would issue an order revoking and refusing to renew Respondent’s license to act as a consumer collection agency in Connecticut from 2101 Fourth Avenue, Suite 900, Seattle, Washington, and issue an order that Respondent cease and desist from violating Section 36a-802(a) of the Connecticut General Statutes;
WHEREAS, on April 20, 2012, Respondent received the Notice sent by Certified Mail No. 70112000000247358468 and on April 24, 2012, Respondent received the Notice sent by Certified Mail No. 70112000000247358451; and no request for a hearing has been received by the Commissioner;
WHEREAS, the Commissioner alleged in the Notice, with respect to the activity described therein, that Respondent’s failure to maintain a surety bond that runs concurrently with the period of its consumer collection agency license constitutes sufficient grounds for the Commissioner to deny an application for such license and constitutes a violation of Section 36a-802(a) of the Connecticut General Statutes, both of which, pursuant to Sections 36a-804(a) and 36a-804(a)(3) of the Connecticut General Statutes and subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, constitute sufficient grounds to revoke and refuse to renew Respondent’s license to act as a consumer collection agency in Connecticut from 2101 Fourth Avenue, Suite 900, Seattle, Washington, and forms a basis to issue an order to cease and desist pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes;
WHEREAS, Section 36a-51(b) of the 2012 Supplement to the General Statutes provides, in pertinent part, that “[i]f the licensee does not request a hearing within the time specified in the notice . . . , the commissioner shall . . . revoke or refuse to renew the license. No such license shall be . . . revoked except in accordance with the provisions of chapter 54”;
WHEREAS, Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part, that “[i]f the person does not request a hearing within the time specified in the notice . . . , the commissioner shall issue an order to cease and desist against the person. No such order shall be issued except in accordance with the provisions of chapter 54”;
AND WHEREAS, Section 36a-1-31(a) of the Regulations of Connecticut State Agencies provides, in pertinent part, that “[w]hen a party fails to request a hearing within the time specified in the notice, the allegations against the party may be deemed admitted. Without further proceedings or notice to the party, the commissioner shall issue a final decision in accordance with section 4-180 of the Connecticut General Statutes and section 36a-1-52 of the Regulations of Connecticut State Agencies”.
II. FINDINGS OF FACT AND CONCLUSIONS OF LAW
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The Commissioner finds that the matters asserted, as set forth in paragraphs 1 through 5, inclusive, of Section II of the Notice shall constitute findings of fact within the meaning of Section 4-180(c) of the Connecticut General Statutes, and that the conclusions as set forth in Section III of the Notice shall constitute conclusions of law within the meaning of Section 4-180(c) of the Connecticut General Statutes and Section 36a-1-52 of the Regulations of Connecticut State Agencies. |
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The Commissioner finds that Respondent has engaged in acts or conduct which, pursuant to Sections 36a-804(a) and 36a-804(a)(3) of the Connecticut General Statutes and subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, constitutes sufficient grounds to revoke and refuse to renew Respondent’s license to act as a consumer collection agency in Connecticut from 2101 Fourth Avenue, Suite 900, Seattle, Washington. |
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The Commissioner finds that Respondent has engaged in acts or conduct which, pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes, forms the basis to issue an order to cease and desist against Respondent. |
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The Commissioner finds that the Notice was given in compliance with subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statues and Sections 36a-52(a) and 4-177 of the Connecticut General Statutes.
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III. ORDER
Having read the record, I HEREBY ORDER, pursuant to Sections 36a-804(a) and 36a-804(a)(3)of the Connecticut General statutes, subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, and Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes, that:
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The license of Avalon Financial Services, LLC to act as a consumer collection agency in Connecticut from 2101 Fourth Avenue, Suite 900, Seattle, Washington, be and is hereby REVOKED; |
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The license of Avalon Financial Services, LLC to act as a consumer collection agency in Connecticut from 2101 Fourth Avenue, Suite 900, Seattle, Washington, NOT BE RENEWED; |
| 3. | Avalon Financial Services, LLC CEASE AND DESIST from violating Section 36a-802(a) of the Connecticut General Statutes; and |
| 4. | This Order shall become effective when mailed. |
Dated at Hartford, Connecticut
this 14th day of May 2012. ________/s/_________
Howard F. Pitkin
Banking Commissioner
This order was mailed by certified mail,
return receipt requested, to Respondent
on May 15, 2012.
Avalon Financial Services, LLC Certified Mail No. 70112000000247358697
Attention: Krista Rhynard
2101 Fourth Avenue, Suite 900
Seattle, Washington 98121
Avalon Financial Services, LLC Certified Mail No. 70112000000247358703
P.O. Box 288
Greenville, SC 29602