WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Sections 36a-671 to 36a-671e, 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, conducted an investigation of the activities of Respondents, pursuant to the authority granted by Section 36a-17(a) of the 2012 Supplement to the General Statutes, to determine if they had violated, were violating or were about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;

WHEREAS, on August 10, 2012, the Commissioner, acting pursuant to Section 36a-52(b) of the Connecticut General Statutes, Section 36a-671a(b) of the 2012 Supplement to the General Statutes, and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued a Temporary Order to Cease and Desist, 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 Respondents, which Notice is incorporated herein by reference;

WHEREAS, on August 10, 2012, the Notice was sent by certified mail, return receipt requested, to Creative Media Consulting (Certified Mail No. 70110470000225730133) and to Creative Media Consulting’s agent (Certified Mail No. 70110470000225730577);

WHEREAS, on August 10, 2012, the Notice was sent by certified mail, return receipt requested, to Herbert Davis (Certified Mail Nos. 70110470000225730140 and 70110470000225730157) and to Herbert Davis’ agent (Certified Mail No. 70110470000225730584);

WHEREAS, the Notice provided Respondents with the opportunity for a hearing, and stated that if a hearing was not requested by any Respondent within 14 days of each Respondent’s receipt, the Commissioner would issue an order that such Respondent cease and desist from violating Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011, may issue an order of repayment of fees, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon such Respondent;

WHEREAS, on September 7, 2012, Creative Media Consulting and its agent received the Notice and, on September 24, 2012, Creative Media Consulting requested a hearing, which hearing is currently scheduled for October 25, 2012;

WHEREAS, on August 13, 2012, Herbert Davis received the Notice sent by Certified Mail No. 70010470000225730157;

WHEREAS, on August 27, 2012, the Notice sent to Herbert Davis by Certified Mail No. 70110470000225730140 was returned to the Department marked “Return to Sender, Attempted – Not Known, Unable to Forward”;

WHEREAS, on August 27, 2012, the Notice sent to Herbert Davis’ agent by Certified Mail No. 70110470000225730584 was returned to the Department marked “Return to Sender, Attempted – Not Known, Unable to Forward”;

WHEREAS, no request for a hearing has been received by the Commissioner from Herbert Davis;

WHEREAS, the Commissioner alleged in the Notice, with respect to the activity described therein, that Herbert Davis’ offering to engage in debt negotiation in this state without obtaining the required license constitutes a violation of Section 36a-671(b) of the Connecticut General Statutes, in effect prior to October 1, 2011.  Such violation forms the basis to issue an order to cease and desist against Herbert Davis pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Section 36a-52(a) of the Connecticut General Statutes and impose a civil penalty upon Herbert Davis pursuant to Section 36a-671a(b) of the 2012 Supplement to the General Statutes and Section 36a-50(a) of the Connecticut General Statutes;

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 or fails to appear at the hearing, 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”;

WHEREAS, Section 36a-50(a)(2) of the Connecticut General Statutes provides, in pertinent part, that “[i]f such person does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner may, as the facts require, order that a civil penalty not exceeding one hundred thousand dollars per violation be imposed upon such person”;

WHEREAS, Section 36a-50(a)(3) of the Connecticut General Statutes provides, in pertinent part, that “[e]ach action undertaken by the commissioner under this subsection shall be 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”.

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