DOB: Bruce D. Simmons, Order to Cease and Desist and Imposing Civil Penalty

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IN THE MATTER OF:

BRUCE D. SIMMONS

    ("Respondent")

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ORDER TO CEASE AND DESIST

AND

ORDER IMPOSING CIVIL PENALTY


I.  PRELIMINARY STATEMENT

WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part I of Chapter 668, Sections 36a-485 to 36a-534a, inclusive, of the Connecticut General Statutes, “Mortgage Lenders, Brokers and Originators”;
 
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation of the activities of Respondent, pursuant to the authority granted by Section 36a-17 of the Connecticut General Statutes, 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 December 15, 2008, the Commissioner, acting pursuant to Section 36a-52(a) of the 2008 Supplement to the General Statutes and Section 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 Respondent, which Notice is incorporated herein by reference;
 
WHEREAS, on December 16, 2008, the Notice was sent by registered mail, return receipt requested, to Respondent (Registered Mail No. RB028035512US);
 
WHEREAS, the Notice provided Respondent with the opportunity for a hearing and stated that if a hearing was not requested within 14 days of its receipt, the Commissioner would issue an order that Respondent cease and desist from violating Section 36a-486(b) of the 2008 Supplement to the General Statutes, as amended by Public Acts 07-156 and 08-176, and may order that the maximum civil penalty of Ten Thousand Dollars ($10,000) be imposed upon Respondent;
 
WHEREAS, on December 19, 2008, Respondent received the Notice;
 
WHEREAS, Section 36a-50(a)(1) of the Connecticut General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the person on the earlier of the date of actual receipt or seven days after mailing or sending”;
 
WHEREAS, Section 36a-51(a) of the 2008 Supplement to the General Statutes provides, in pertinent part, that “[t]he notice shall be deemed received by the licensee on the earlier of the date of actual receipt or seven days after mailing or sending”;
 
WHEREAS, Respondent failed to request a hearing within the prescribed time period;
 
WHEREAS, the Commissioner alleged in the Notice that Respondent’s acting as a mortgage loan originator absent being licensed as such, constitutes a violation of Section 36a-486(b) of the 2008 Supplement to the General Statutes, as amended, and forms the basis to issue an order to cease and desist against Respondent pursuant to Section 36a-52(a) of the 2008 Supplement to the General Statutes, and to impose a civil penalty against Respondent pursuant to Section 36a-50(a) of the Connecticut General Statutes;
 
WHEREAS, Section 36a-52(a) of the 2008 Supplement to the General Statutes provides, in pertinent part, that “[i]f the person does not request a hearing within the time specified in the notice . . . 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 . . . 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”.


II.  FINDINGS OF FACT AND CONCLUSIONS OF LAW

1.
The Commissioner finds that the matters asserted as set forth in paragraphs 1 and 2 of Section II of the Notice shall constitute findings of fact within the meaning of Section 4-180(c) of the Connecticut General Statutes, and that the conclusions as set forth in Section III of the Notice shall constitute conclusions of law within the meaning of Section 4-180(c) of the Connecticut General Statutes and Section 36a-1-52 of the Regulations of Connecticut State Agencies.
2.
The Commissioner finds that Respondent has engaged in acts or conduct which, pursuant to Section 36a-52(a) of the 2008 Supplement to the General Statutes, forms the basis to issue an order to cease and desist against Respondent.
3.
The Commissioner finds that Respondent has engaged in acts or conduct which, pursuant to Section 36a-50(a) of the Connecticut General Statutes, forms the basis to issue an order imposing a civil penalty against Respondent. 
4.
The Commissioner finds that the Notice was given in compliance with Section 36a-52(a) of the 2008 Supplement to the General Statutes and Sections 36a-50(a) and 4-177 of the Connecticut General Statutes.
 

III.  ORDER

Having read the record, I HEREBY ORDER, pursuant to Section 36a-52(a) of the 2008 Supplement to the General Statutes and Section 36a-50(a)(2) of the Connecticut General Statutes, that:

1.
Bruce D. Simmons CEASE AND DESIST from violating Section 36a-486(b) of the 2008 Supplement to the General Statutes, as amended;
2.
A CIVIL PENALTY of Ten Thousand Dollars ($10,000) be imposed against Bruce D. Simmons, to be remitted to the Department of Banking by cashier’s check, certified check or money order, made payable to “Treasurer, State of Connecticut”, no later than 45 days from the date this Order is mailed; and
3.
This Order shall become effective when mailed.
 

Dated at Hartford, Connecticut
this 4th day of February 2009.                   ________/s/_________
                                                            Howard F. Pitkin
                                                            Banking Commissioner



This Order was mail by certified mail,
return receipt requested, to Respondent
on February 5, 2009


Bruce D. Simmons                Certified Mail No. 70031680000085237370
6 Berkeley Hill
Westport, Connecticut 06880


Administrative Orders and Settlements