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IN THE MATTER OF: DENNIS SCOTT CARRUTHERS ("Carruthers") |
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CONSENT ORDER |
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) (“Regulations”);
WHEREAS, Carruthers is an individual who is not currently licensed to act as a consumer collection agency in Connecticut under Part XII of Chapter 669, Sections 36a-800, et seq., of the Connecticut General Statutes;
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation pursuant to Section 36a-17 of the Connecticut General Statutes into the activities of Carruthers to determine if he had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
WHEREAS, as a result of such investigation, on May 9, 2011, the Commissioner, acting pursuant to Sections 36a-804(b), 36a-52(a) and (36a-50(a) of the Connecticut General Statutes, issued a Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing against Carruthers (“Notice”), which Notice is incorporated by reference herein;
WHEREAS, on May 10, 2011, the Notice was sent to Carruthers by registered mail, return receipt requested (Registered Mail No. RB028037990US);
WHEREAS, on May 16, 2011, Carruthers received the Notice and on June 7, 2011, Carruthers requested a hearing on the Notice, which hearing is currently scheduled for July 12, 2011;
WHEREAS, the Commissioner alleged in the Notice that on or about July 4, 2009, Carruthers acted as a consumer collection agency in Connecticut without the required license, in violation of Section 36a-801(a) of the Connecticut General Statutes;
WHEREAS, Section 4-177(c) of the Connecticut General Statutes and Section 36a-1-55(a) of the Regulations of Connecticut State Agencies provide that a contested case may be resolved by consent order, unless precluded by law;
WHEREAS, both the Commissioner and Carruthers acknowledge the possible consequences of formal administrative proceedings, and Carruthers voluntarily agrees to consent to the entry of the sanction described below without admitting or denying any allegation contained in the Notice and set forth herein and solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegation contained in the Notice and set forth herein;
WHEREAS, by letter dated May 23, 2011, Carruthers represents that he has not sent letters to anyone in the State of Connecticut during that time period and, specifically instructed all his clients not to make any collection efforts in Connecticut;
WHEREAS, Carruthers specifically assures the Commissioner that the violation described herein shall not occur in the future;
AND WHEREAS, Carruthers, through his execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to a hearing as it pertains to the allegation set forth in the Notice and set forth herein, and voluntarily waives his right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.
CONSENT TO ENTRY OF SANCTION
WHEREAS, Carruthers, through his execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:
No later than Forty-five (45) days after this Consent Order is executed by Carruthers, Carruthers shall remit to the Department of Banking by cashier’s check, certified check or money order made payable to “Treasurer, State of Connecticut”, the sum of Two Thousand Dollars ($2,000) as a civil penalty;
CONSENT ORDER
NOW THEREFORE, the Commissioner enters the following:
| 1. | The Sanction set forth above be and is hereby entered; |
| 2. | Upon issuance of this Consent Order by the Commissioner, this matter will be resolved and the Commissioner will not take any future enforcement action against Carruthers based upon the allegation contained in the Notice and as set forth herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Carruthers based upon a violation of this Consent Order or the matters underlying its entry, if the Commissioner determines that compliance with the terms herein is not being observed or if any representation made by Carruthers and reflected herein is subsequently discovered to be untrue; |
| 3. | Nothing in the issuance of this Consent Order shall adversely affect the ability of Carruthers to apply for or obtain an original license or renewal licenses under Part XII of Chapter 669, Sections 36a-800 et seq., of the Connecticut General Statutes; and |
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This Consent Order shall become final when issued.
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Dated at Hartford, Connecticut
this 11th day of August 2011. ________/s/_________
Howard F. Pitkin
Banking Commissioner
I, Dennis Scott Carruthers, state that I have read the foregoing Consent Order; that I know and fully understand its contents; that I agree freely and without threat or coercion of any kind to comply with the terms and conditions stated herein; and I consent to the issuance of this Consent Order, expressly waiving any right to a hearing on the matters described herein.
________/s/_________
Dennis Scott Carruthers
State of: California
County of: Orange
On this the 25th day of July 2011, before me, Venus A. Yao, the undersigned officer, personally appeared Dennis Scott Carruthers, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand.
________/s/_________
Notary Public
Date Commission Expires: 3/21/05