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IN THE MATTER OF: HECTOR CHICA ("Chica") |
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SETTLEMENT AGREEMENT |
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;
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 Chica 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, on March 26, 2010, the Commissioner, acting pursuant to Sections 36a-587(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 (collectively “Notice”) against Servicial Group Corporation d/b/a Servicial, Chica and Celina Romero, which Notice is incorporated herein by reference;
WHEREAS, the Notice alleges that Chica engaged in the business of cashing checks, drafts and money orders for consideration without licensure for a general facility or limited facility;
WHEREAS, on April 2, 2010, Chica received the Notice;
WHEREAS, on April 16, 2010, Chica requested a hearing on the Notice, which is currently scheduled for August 19, 2010;
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 agreed settlement, unless precluded by law;
WHEREAS, Chica voluntarily agrees to enter into this Settlement Agreement without admitting or denying any allegation contained in the Notice and set forth herein, and solely for the purpose of obviating the need for formal administrative proceedings concerning the allegation described above;
WHEREAS, Chica, through his execution of this Settlement Agreement, voluntarily agrees to waive any rights to a hearing upon the allegation contained in the Notice and this Settlement Agreement, and waives the right to seek judicial review or otherwise challenge or contest the validity of this Settlement Agreement;
AND WHEREAS, Chica specifically assures the Commissioner that he has not engaged in any unlicensed check cashing activity since December 15, 2009, and that the violation alleged in the Notice and set forth herein shall not occur in the future.
NOW THEREFORE, the Commissioner and Chica enter into this Settlement Agreement as follows:
| 1. | No later than ninety (90) days following the date this Settlement Agreement is executed by Chica, Chica 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 Five Thousand Dollars ($5,000) as a civil penalty; |
| 2. | Chica shall not engage in the business of cashing checks, drafts or money orders for consideration, except as an incident to the conduct of any other lawful business where not more than fifty cents ($.50) is charged for the cashing of such check, draft or money order, without obtaining a license to operate a check cashing general facility or limited facility for each location where such business is to be conducted; |
| 3. | Upon entry of this Settlement Agreement, this matter with respect to Chica will be resolved and the Commissioner will not take any future enforcement action against Chica based upon the allegation contained herein; provided that entry of this Settlement Agreement is without prejudice to the right of the Commissioner to take enforcement action against Chica based on the allegation contained herein if any representation made by Chica in this Settlement Agreement is subsequently discovered to be untrue or if Chica is not fully complying with any term or condition stated herein; |
| 4. | Nothing in this Settlement Agreement shall adversely affect the ability of Chica to apply for or obtain a license to operate a check cashing general facility or limited facility from the Commissioner in the future; and |
| 5. | Notwithstanding paragraph 3 herein, execution of this Settlement Agreement is without prejudice to the right of the Commissioner to take enforcement action against Chica to enforce this Settlement Agreement if the Commissioner determines that Chica is not fully complying with any term or condition contained herein. For purposes of this paragraph, a violation of this Settlement Agreement shall be deemed to be a violation of an order of the Commissioner. |
IN WITNESS WHEREOF, the parties hereto have caused this Settlement Agreement to be executed by each of them or their duly authorized representatives on the dates hereinafter subscribed.
Dated at Hartford, Connecticut
this 9th day of August 2010. ________/s/_________
Howard F. Pitkin
Banking Commissioner
I, Hector Chica, state that I have read the foregoing Settlement Agreement; 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 that I voluntarily agree to enter into this Settlement Agreement.
By: ________/s/_________
Hector Chica
State of: Connecticut
County of: Fairfield
On this the 27 day of July 2010, before me, Mitchell Robies, the undersigned officer, personally appeared Hector Chica, 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: 4-30-2013