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IN THE MATTER OF: EVANS LAW ASSOCIATES, P.C. |
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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, Evans Law is a New York professional corporation with an office at 3842 Harlem Road, Suite 400-329, Cheektowaga, New York. Evans Law is not currently licensed to act as a consumer collection agency in Connecticut;
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department, conducted an investigation pursuant to Section 36a-17(a) of the 2012 Supplement to the General Statutes into the activities of Evans Law to determine if it 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, the Commissioner alleges that Evans Law acted within this state as a consumer collection agency without a consumer collection agency license, in violation of Section 36a-801(a) of the Connecticut General Statutes;
WHEREAS, the Commissioner believes that such allegation would support the initiation of enforcement proceedings against Evans Law, including proceedings to issue a cease and desist order against Evans Law pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes, and impose a civil penalty of up to one hundred thousand dollars ($100,000) per violation against Evans Law pursuant to Sections 36a-804(b) and 36a-50(a) of the Connecticut General Statutes;
WHEREAS, initiation of such enforcement proceedings would constitute a “contested case” within the meaning of Section 4-166(2) 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 Evans Law acknowledge the possible consequences of formal administrative proceedings, and Evans Law voluntarily agrees to consent to the entry of the sanctions described below without admitting or denying any allegation set forth herein, and solely for the purpose of obviating the need for formal administrative proceedings concerning the allegation set forth herein;
WHEREAS, Evans Law specifically assures the Commissioner that the violation alleged herein shall not occur in the future;
WHEREAS, on May 31, 2011, Evans Law filed an Application for Consumer Collection Agency License (“Application”) with the Commissioner, which Application is currently pending;
AND WHEREAS, Evans Law, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to notice and an opportunity for a hearing as it pertains to the allegation set forth herein, and voluntarily waives its right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.
CONSENT TO ENTRY OF SANCTIONS
WHEREAS, Evans Law, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:
| 1. | No later than the date this Consent Order is executed by Evans Law, Evans Law 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 Three Thousand Dollars ($3,000) as a civil penalty; and |
| 2. |
Evans Law shall immediately cease and desist from acting as consumer collection agency in Connecticut without a license in violation of Section 36a-801(a) of the Connecticut General Statutes.
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CONSENT ORDER
NOW THEREFORE, the Commissioner enters the following:
| 1. | The Sanctions set forth above be and are 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 Evans Law based upon the allegation contained herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Evans Law 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 Evans Law and reflected herein is subsequently discovered to be untrue; |
| 3. |
Nothing in the issuance of this Consent Order shall adversely affect the ability of Evans Law to apply for or obtain a license or renewal licenses under Part XII of Chapter 669, Sections 36a-800 to 36a-810 et seq., of the Connecticut General Statutes; and |
| 4. | This Consent Order shall become final when issued. |
Issued at Hartford, Connecticut
this 6th day of September 2012. ________/s/_________
Howard F. Pitkin
Banking Commissioner
I, Jason J. Evans, state on behalf of Evans Law Associates, P.C., that I have read the foregoing Consent Order; that I know and fully understand its contents; that I am authorized to execute this Consent Order on behalf of Evans Law Associates, P.C.; that Evans Law Associates, P.C., agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that Evans Law Associates, P.C., voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
By: ________/s/_________
Name:
Title:
Evans Law Associates, P.C.
State of: New York
County of: Erie
On this the 29 day of August 2012, before me, Molly Rath, the undersigned officer, personally appeared Jason J. Evans who acknowledged himself/herself to be the President of Evans Law Associates, P.C., and that he/she as such ___________________, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as President.
In witness whereof I hereunto set my hand.
________/s/_________
Notary Public
Date Commission Expires: August 20, 2015