* * * * * * * * * * * * * * *
ROYAL BURGUNDY ("Respondent") * * * * * * * * * * * * * * * |
* * * * * * * * * * * |
DOCKET NO. CF-2009-865-B |
I. PRELIMINARY STATEMENT
WHEREAS, Section 36b-72(b)(2) of the Act, as amended, provides, in pertinent part, that: "If a hearing is requested within the time specified in the notice, the commissioner shall hold a hearing upon the charges made unless such person fails to appear at the hearing. Such hearing shall be held in accordance with the provisions of chapter 54. After the hearing if the commissioner finds that the person has violated any of the provisions of sections 36b-60 to 36b-80, inclusive, or any regulation, rule or order adopted or issued under said sections, the commissioner may, in addition to any other remedy authorized by said sections, order that a fine not exceeding one hundred thousand dollars per violation be imposed upon such person."
AND WHEREAS, Section 36a-1-31(a) of the Regulations of Connecticut State Agencies provides, in pertinent part, that: "When 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, provided the commissioner may, if deemed necessary, receive evidence from the department, as part of the record, concerning the appropriateness of the amount of any . . . fine . . . sought in the notice.”
II. FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. | The Commissioner finds that the facts as set forth in paragraphs 6 through 9, inclusive, of the Notice, shall constitute findings of fact within the meaning of Section 4-180(c) of the General Statutes of Connecticut and Section 36a-1-52 of the Regulations of Connecticut State Agencies, and that the Statutory Basis for Order to Cease and Desist and Order Imposing Fine Against Respondent set forth in paragraphs 10 through 16, inclusive, of the Notice shall constitute conclusions of law within the meaning of Section 4-180(c) of the General Statutes of Connecticut and Section 36a-1-52 of the Regulations of Connecticut State Agencies. |
2. | The Commissioner finds that Respondent committed one violation of Section 36b-67 of the Act. |
3. | The Commissioner finds that the facts require the imposition of a fine against Respondent. |
4. |
The Commissioner complied with Section 36b-72 of the Act, as amended, and Section 4-177 of the General Statutes of Connecticut. |
III. ORDER
Having read the record, I hereby ORDER, pursuant to Sections 36b-72 of the Act, as amended, that:
1. | A fine of Twenty-five Thousand Dollars ($25,000) be imposed against Royal Burgundy International, Inc., to be remitted to the Department by cashier’s check, certified check or money order, made payable to “Treasurer, State of Connecticut”, no later than 45 days from the date the Order Imposing Fine is mailed; and |
2. | This Order Imposing Fine shall become final when mailed. |
Dated at Hartford, Connecticut, | _______/s/_________ | |
this 7th day of May 2010. | Howard F. Pitkin | |
Banking Commissioner |
This Order was sent by certified
mail, return receipt requested, to
Respondent on May 7, 2010.
Royal Burgundy International, Inc.
172 W. Warren Avenue, Suite 200
Longwood, FL 32750
Certified Mail No. 7008 1140 0002 4974 3473