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IN THE MATTER OF: UNE TRAVEL LLC ("Respondent") * * * * * * * * * * * * * * * * * * |
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NOTICE OF INTENT TO ISSUE NOTICE OF INTENT TO IMPOSE AND NOTICE OF RIGHT TO HEARING |
I. LEGAL AUTHORITY AND JURISDICTION
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”).
Pursuant to the authority granted by Section 36a-17 of the Connecticut General Statutes, the Commissioner, through the Consumer Credit Division (“Division”) of the Department of Banking, has investigated the activities of Respondent to determine if Respondent has violated, is violating or is about to violate the provisions of the Connecticut General Statutes and Regulations within the jurisdiction of the Commissioner. Section 36a-17(a) of the Connecticut General Statutes states that:
The commissioner, in the commissioner’s discretion, may make such public or private investigations or examinations within or outside this state, concerning any person subject to the jurisdiction of the commissioner, as the commissioner deems necessary to carry out the duties of the commissioner.
Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part:
Whenever it appears to the commissioner that any person has violated, is violating or is about to violate any provision of the general statutes within the jurisdiction of the commissioner, or any regulation . . . adopted . . . thereunder, the commissioner may send a notice to such person by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt. The notice shall be deemed received by the person on the earlier of the date of actual receipt, or seven days after mailing or sending. Any such notice shall include: (1) A statement of the time, place, and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular sections of the general statutes, [or] regulations . . . alleged to have been violated; (4) a short and plain statement of the matters asserted; and (5) a statement indicating that such person may file a written request for a hearing on the matters asserted within fourteen days of receipt of the notice. If a hearing is requested within the time specified in the notice, the commissioner shall hold a hearing upon the matters asserted in the notice, unless the person fails to appear at the hearing. After the hearing, the commissioner shall determine whether an order to cease and desist should be issued against the person named in the notice. If 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.
Section 36a-50(a) of the Connecticut General Statutes provides, in pertinent part:
(1) Whenever the commissioner finds as the result of an investigation that any person has violated any provision of the general statutes within the jurisdiction of the commissioner, or any regulation . . . adopted . . . thereunder, the commissioner may send a notice to such person by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt. The notice shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending. Any such notice shall include: (A) A statement of the time, place, and nature of the hearing; (B) a statement of the legal authority and jurisdiction under which the hearing is to be held; (C) a reference to the particular sections of the general statutes, [or] regulations . . . alleged to have been violated; (D) a short and plain statement of the matters asserted; (E) the maximum penalty that may be imposed for such violation; and (F) a statement indicating that such person may file a written request for a hearing on the matters asserted within fourteen days of receipt of the notice.
(2) If a hearing is requested within the time specified in the notice, the commissioner shall hold a hearing upon the matters asserted in the notice unless such person fails to appear at the hearing. After the hearing, if the commissioner finds that the person has violated any such provision, [or] regulation . . . the commissioner may, in the commissioner’s discretion and in addition to any other remedy authorized by law, order that a civil penalty not exceeding one hundred thousand dollars per violation be imposed upon such person. If 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.
(3) Each action undertaken by the commissioner under this subsection shall be in accordance with the provisions of chapter 54.
II. MATTERS ASSERTED
| 1. | Respondent is a Connecticut limited liability company with an office at 606 West Avenue, Norwalk, Connecticut. |
| 2. | On September 3, 2009, the Division conducted an investigation of Respondent’s activities at 614 West Avenue, Norwalk, Connecticut (“614 West Avenue”). |
| 3. | As part of its investigation, on September 8, 2009, the Division sent a letter to Respondent informing Respondent that it appeared to be engaged in unlicensed check cashing activities at the 614 West Avenue location and advised Respondent that it needed to immediately cease and desist from engaging in such activities without the required license. |
| 4. | On September 21, 2009, the Division received a letter dated September 18, 2009 in response to its September 8, 2009 letter, as more fully described in paragraph 3 above, in which Respondent represented that “we immediately cease to perform Checks Cashing to our customers” [emphasis omitted]. |
| 5. |
During the period of October 1 through October 31, 2009, Respondent continued to engage in the business of cashing checks, drafts and money orders for consideration. |
| 6. |
Respondent is not currently and has never been licensed pursuant to Section 36a-581(a) of the 2010 Supplement to the General Statutes to operate a general facility or a limited facility at the 614 West Avenue location, nor is Respondent eligible to claim an exemption therefrom.
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III. STATUTORY BASIS FOR ORDER TO
CEASE AND DESIST AND IMPOSITION OF CIVIL PENALTY
Section 36a-581(a) of the 2010 Supplement to the General Statutes provides:
Except as provided for in section 36a-580, no person shall engage in the business of cashing checks, drafts or money orders for consideration without obtaining a license to operate a general facility or a license to operate a limited facility for each location where such business is to be conducted.
Section 36a-587(b) of the Connecticut General Statutes provides, in pertinent part, that:
Whenever it appears to the commissioner that any person has violated, is violating or is about to violate any of the provisions of sections 36a-580 to 36a-589, inclusive, or any regulation adopted pursuant to said sections . . . the commissioner may take action against such person . . . in accordance with sections 36a-50 and 36a-52.
| 1. | Respondent’s engaging in the business of cashing checks, drafts and money orders for consideration without licensure for a general facility or limited facility, as more fully described in paragraphs 2 through 4, inclusive, and paragraph 6 of the Matters Asserted, constitutes a violation of Section 36a-581(a) of the 2010 Supplement to the General Statutes, which forms the basis for the issuance of an order to cease and desist against Respondent pursuant to Sections 36a-587(b) and 36a-52(a) of the Connecticut General Statutes, and an order imposing civil penalty upon Respondent pursuant to Sections 36a-587(b) and 36a-50(a) of the Connecticut General Statutes. Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon Respondent in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. The Commissioner intends to impose a civil penalty upon Respondent in an amount not to exceed Three Thousand Dollars ($3,000), subject to Respondent’s right to a hearing on the allegations set forth above. |
| 2. |
Respondent’s continuing to engage in the business of cashing checks, drafts and money orders for consideration without licensure for a general facility or limited facility after Respondent stated that it had ceased such activity, as more fully described in paragraphs 4 through 6, inclusive, of the Matters Asserted, constitutes a further violation of Section 36a-581(a) of the 2010 Supplement to the General Statutes, which forms the basis for the issuance of an order to cease and desist against Respondent pursuant to Sections 36a-587(b) and 36a-52(a) of the Connecticut General Statutes, and an order imposing civil penalty upon Respondent pursuant to Sections 36a-587(b) and 36a-50(a) of the Connecticut General Statutes. Section 36a-50(a) of the Connecticut General Statutes authorizes the Commissioner to impose a civil penalty upon Respondent in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation. The Commissioner intends to impose a civil penalty upon Respondent in an amount not to exceed Three Thousand Dollars ($3,000), subject to Respondent’s right to a hearing on the allegations set forth above.
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IV. NOTICE OF INTENT TO ISSUE ORDER TO CEASE AND DESIST,
NOTICE OF INTENT TO IMPOSE CIVIL PENALTY AND
NOTICE OF RIGHT TO HEARING
WHEREAS, the Commissioner has determined that Respondent has violated Section 36a-581(a) of the 2010 Supplement to the General Statutes, which form the basis to issue an order to cease and desist against Respondent pursuant to Sections 36a-587(b) and 36a-52(a) of the Connecticut General Statutes, and an order imposing civil penalty upon Respondent pursuant to Sections 36a-587(b) and 36a-50(a) of the Connecticut General Statutes.
NOW THEREFORE, notice is hereby given to Respondent that the Commissioner intends to issue an order requiring Respondent to CEASE AND DESIST from engaging in the business of cashing checks, drafts or money orders for consideration without a license, in violation of Section 36a-581(a) of the 2010 Supplement to the General Statutes, and that the Commissioner intends to impose a CIVIL PENALTY upon Respondent as set forth herein, subject to Respondent’s right to a hearing on the allegations set forth above.
A hearing will be granted to Respondent if a written request for a hearing is received by the Department of Banking, Consumer Credit Division, 260 Constitution Plaza, Hartford, Connecticut 06103-1800, within fourteen (14) days following its receipt of this Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing as set forth in Sections 36a-52(a) and 36a-50 of the Connecticut General Statutes. This Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing shall be deemed received on the earlier of the date of actual receipt, or seven days after mailing or sending. The enclosed Appearance and Request for Hearing Form must be completed and mailed to the above address.
If Respondent will not be represented by an attorney at the hearing, please complete the Appearance and Request for Hearing Form as “pro se”. Once a written request for a hearing is received, the Commissioner may issue a notification of hearing and designation of hearing officer that acknowledges receipt of a request for a hearing, designates a hearing officer and sets the date of the hearing in accordance with Section 4-177 of the Connecticut General Statutes and Section 36a-1-21 of the Regulations of Connecticut State Agencies. If a hearing is requested, the hearing will be held on December 7, 2010, at 10 a.m. at the Department of Banking, 260 Constitution Plaza, Hartford, Connecticut.
The hearing will be held in accordance with the provisions of Chapter 54 of the Connecticut General Statutes, unless Respondent fails to appear at the requested hearing. At such hearing, Respondent will have the right to appear and present evidence, rebuttal evidence and argument on all issues of fact and law to be considered by the Commissioner.
If Respondent does not request a hearing within the time prescribed, the Commissioner will issue an order that Respondent cease and desist from violating Section 36a-581(a) of the 2010 Supplement to the General Statutes, and may order that the maximum civil penalty be imposed upon Respondent.
Dated at Hartford, Connecticut
this 2nd day of November 2010. ________/s/_________
Howard F. Pitkin
Banking Commissioner
CERTIFICATION
I hereby certify that on this 3rd day of November 2010, the foregoing Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing was sent by registered mail, return receipt requested, to Une Travel LLC, Attention: Francia E. Figueroa, Owner, 606 West Avenue, Norwalk, Connecticut 06850, registered mail no. RB028037442US.
________/s/_________
Doniel Kitt
Prosecuting Attorney