| * * * * * * * * * * * * * * * * * * *
IN THE MATTER OF: ENVIOS GOMEZ, LLC ("Respondent") * * * * * * * * * * * * * * * * * * * |
* * * * * * * * * |
ORDER REFUSING TO RENEW |
I. PRELIMINARY STATEMENT
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part IV of Chapter 668, Sections 36a-580 to 36a-589, inclusive, of the Connecticut General Statutes, “Check Cashing Services”, and Sections 36a-585-1, 36a-588-1, 36a-588-3 and 36a-588-4 of the Regulations of Connecticut State Agencies (“Regulations”);
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(a) of the 2012 Supplement to the General Statutes, to determine if it has violated, is violating or is about to violate the provisions of the Connecticut General Statutes or Regulations within the jurisdiction of the Commissioner;
WHEREAS, on June 25, 2012, the Commissioner, acting pursuant to Section 36a-587(a)(3) of the Connecticut General Statutes and subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, issued a Notice of Intent to Refuse to Renew Check Cashing Service License and Notice of Right to Hearing (“Notice”) against Respondent, which Notice is incorporated herein by reference;
WHEREAS, on June 26, 2012, the Notice was sent by certified mail, return receipt requested, to Respondent (Certified Mail No. 70110470000225730126);
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 refusing to renew Respondent’s check cashing service license in Connecticut;
WHEREAS, on June 27, 2012, Respondent received the Notice 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 submit its financial statements to the Commissioner constitutes a violation of Section 36a-588-4 of the Regulations, which constitutes sufficient grounds for the Commissioner to refuse to renew Respondent’s check cashing service license pursuant to Section 36a-587(a)(3) of the Connecticut General Statutes and subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the 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 . . . refuse to renew the license”;
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(a) of the 2012 Supplement to the General Statutes, to determine if it has violated, is violating or is about to violate the provisions of the Connecticut General Statutes or Regulations within the jurisdiction of the Commissioner;
WHEREAS, on June 25, 2012, the Commissioner, acting pursuant to Section 36a-587(a)(3) of the Connecticut General Statutes and subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, issued a Notice of Intent to Refuse to Renew Check Cashing Service License and Notice of Right to Hearing (“Notice”) against Respondent, which Notice is incorporated herein by reference;
WHEREAS, on June 26, 2012, the Notice was sent by certified mail, return receipt requested, to Respondent (Certified Mail No. 70110470000225730126);
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 refusing to renew Respondent’s check cashing service license in Connecticut;
WHEREAS, on June 27, 2012, Respondent received the Notice 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 submit its financial statements to the Commissioner constitutes a violation of Section 36a-588-4 of the Regulations, which constitutes sufficient grounds for the Commissioner to refuse to renew Respondent’s check cashing service license pursuant to Section 36a-587(a)(3) of the Connecticut General Statutes and subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the 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 . . . refuse to renew the license”;
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
| 1. |
The Commissioner finds that the matters asserted, as set forth in paragraphs 1 through 7, 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. |
| 2. |
The Commissioner finds that Respondent has engaged in acts or conduct which, pursuant to Section 36a-587(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 refuse to renew Respondent’s check cashing service license in Connecticut. |
| 3. |
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 4-177 and 4-182(c) of the Connecticut General Statutes.
|
III. ORDER
Having read the record, I HEREBY ORDER, pursuant to Section 36a-587(a)(3) of the Connecticut General Statutes and subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, that:
| 1. |
The check cashing service license of Envios Gomez, LLC in Connecticut, NOT BE RENEWED; |
| 2. |
This Order shall become effective when mailed.
|
Dated at Hartford, Connecticut
this 28th day of August 2012. ________/s/_________
Howard F. Pitkin
Banking Commissioner
This Order was sent by certified mail,
return receipt requested, to
Respondent on April 13, 2011.
This order was mailed by certified mail,
return receipt requested, to Respondent
on August 29, 2012.
Envios Gomez, LLC Certified Mail No. 70110470000225730720
Attention: Dennis Gomez,
Managing Member
557 Park Street
Hartford, CT 06106