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IN THE MATTER OF: CREDIT COUNSELING ("Respondent") * * * * * * * * * * * * * * * * * * * * |
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ORDER REVOKING DEBT AND ORDER TO CEASE AND DESIST |
I. PRELIMINARY STATEMENT
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Sections 36a-655 to 36a-665, inclusive, of the Connecticut General Statutes contained in Part II of Chapter 669 of the Connecticut General Statutes, “Debt Adjusters and Debt Negotiation”;
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking (“Department”), conducted an investigation of the activities of Respondent, pursuant to the authority granted by Section 36a-17(a) 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 October 3, 2012, the Commissioner, acting pursuant to Section 36a-664(b) of the 2012 Supplement to the General Statutes, Sections 36a-52(b), 36a-657(a) and 36a-657(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-657(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 Debt Adjuster 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 October 4, 2012, the Notice was sent by certified mail, return receipt requested, to Respondent (Certified Mail No. 70112000000247319902);
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 Respondent’s license to engage in the business of debt adjustment in Connecticut from 52 Harrison Avenue, Branford, Connecticut, and issue an order that Respondent cease and desist from violating Section 36a-664 of the 2012 Supplement to the General Statutes;
WHEREAS, on October 15, 2012, the Notice was returned to the Department marked “Returned to Sender – Attempted, Not Known”;
WHEREAS, Section 36a-51(a) of the 2012 Supplement to the General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the licensee on the earlier of the date of actual receipt or seven days after mailing or sending”;
WHEREAS, Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending”;
WHEREAS, Respondent failed to request a hearing within the prescribed time period;
WHEREAS, the Commissioner alleged in the Notice, with respect to the activity described therein, that Respondent’s failure to maintain a surety bond during the entire period of its debt adjuster license constitutes sufficient grounds for the Commissioner to deny an application for such license and constitutes a violation of Section 36a-664 of the 2012 Supplement to the General Statutes, both of which, pursuant to Sections 36a-657(a) and 36a-657(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 Respondent’s license to engage in the business of debt adjustment in Connecticut from 52 Harrison Avenue, Branford, Connecticut, and forms a basis to issue an order to cease and desist pursuant to Sections 36a-657(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 . . . 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 (“Department”), conducted an investigation of the activities of Respondent, pursuant to the authority granted by Section 36a-17(a) 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 October 3, 2012, the Commissioner, acting pursuant to Section 36a-664(b) of the 2012 Supplement to the General Statutes, Sections 36a-52(b), 36a-657(a) and 36a-657(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-657(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 Debt Adjuster 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 October 4, 2012, the Notice was sent by certified mail, return receipt requested, to Respondent (Certified Mail No. 70112000000247319902);
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 Respondent’s license to engage in the business of debt adjustment in Connecticut from 52 Harrison Avenue, Branford, Connecticut, and issue an order that Respondent cease and desist from violating Section 36a-664 of the 2012 Supplement to the General Statutes;
WHEREAS, on October 15, 2012, the Notice was returned to the Department marked “Returned to Sender – Attempted, Not Known”;
WHEREAS, Section 36a-51(a) of the 2012 Supplement to the General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the licensee on the earlier of the date of actual receipt or seven days after mailing or sending”;
WHEREAS, Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending”;
WHEREAS, Respondent failed to request a hearing within the prescribed time period;
WHEREAS, the Commissioner alleged in the Notice, with respect to the activity described therein, that Respondent’s failure to maintain a surety bond during the entire period of its debt adjuster license constitutes sufficient grounds for the Commissioner to deny an application for such license and constitutes a violation of Section 36a-664 of the 2012 Supplement to the General Statutes, both of which, pursuant to Sections 36a-657(a) and 36a-657(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 Respondent’s license to engage in the business of debt adjustment in Connecticut from 52 Harrison Avenue, Branford, Connecticut, and forms a basis to issue an order to cease and desist pursuant to Sections 36a-657(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 . . . 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 conclusion 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-657(a) and 36a-657(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 Respondent’s license to engage in the business of debt adjustment in Connecticut from 52 Harrison Avenue, Branford, Connecticut. |
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The Commissioner finds that Respondent has engaged in acts or conduct which, pursuant to Sections 36a-657(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 Statutes 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-657(a) and 36a-657(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-657(b) and 36a-52(a) of the Connecticut General Statutes, that:
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The license of Credit Counseling Solutions, Inc. to engage in the business of debt adjustment in Connecticut from 52 Harrison Avenue, Branford, Connecticut, be and is hereby REVOKED; |
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Credit Counseling Solutions, Inc. CEASE AND DESIST from violating Section 36a-664 of the 2012 Supplement to the General Statutes; and |
| 3. | This Order shall become effective when mailed. |
Dated at Hartford, Connecticut
this 26th day of October 2012. ________/s/_________
Howard F. Pitkin
Banking Commissioner
This order was mailed by certified mail,
return receipt requested, to Respondent
on October 31, 2012.
Credit Counseling Solutions, Inc. Certified Mail No. 70112000000247315843
52 Harrison Avenue
Branford, Connecticut 06405