DOB: Crooks, John D. - Revocation Order

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IN THE MATTER OF:

JOHN D. CROOKS
CRD NO. 3071684

    ("Respondent")

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ORDER REVOKING
REGISTRATION AS AGENT

DOCKET NO.R-2009-7582-S

I. PRELIMINARY STATEMENT

WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Chapter 672a of the Connecticut General Statutes, the Connecticut Uniform Securities Act (“Act”), and Sections 36b-31-2 to 36b-31-33, inclusive, of the Regulations of Connecticut State Agencies promulgated under the Act;
 
WHEREAS, Section 36b-15(a) of the Act provides, in pertinent part, that “[t]he commissioner may, by order . . . revoke . . . any registration . . . if the commissioner finds that (1) the order is in the public interest, and (2) the . . . registrant . . . (C) has been convicted, within the past ten years, of . . . any felony, provided any . . . revocation of such registration shall be in accordance with the provisions of section 46a 80”;
 
WHEREAS, Section 36b-15(f) of the Act provides, in pertinent part, that “[n]o order may be entered under this section . . . without (1) appropriate prior notice to the . . . registrant and to the employer or prospective employer if such . . . registrant is an agent . . . , (2) opportunity for hearing, and (3) written findings of fact and conclusions of law”;
 
WHEREAS, Section 36b-31(a) of the Act provides, in pertinent part, that “[t]he commissioner may from time to time make . . . such . . . orders as are necessary to carry out the provisions of sections 36b-2 to 36b-33, inclusive”;
 
WHEREAS, Section 36b-31(b) of the Act provides, in pertinent part, that “[n]o . . . order may be made . . . unless the commissioner finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of sections 36b-2 to 36b-33, inclusive”;
 
WHEREAS, on [April] 15, 2009, the Commissioner, acting pursuant to Sections 36b-15(a), 36b 15(e)(1) and 36b 15(f) of the Act and Section 4-182(c) of the Connecticut General Statutes, issued a Notice of Intent to Revoke Registration as Agent and Notice of Right to Hearing against Respondent (collectively “Notice”), which Notice is incorporated by reference herein;
 
WHEREAS, the Commissioner alleged in the Notice that Respondent was convicted of a felony, which forms a basis for the revocation of Respondent’s registration as an agent in Connecticut pursuant to Section 36b-15(a)(2)(C) of the Act;
 
WHEREAS, the Notice stated that the Commissioner intended to revoke Respondent’s registration as an agent in Connecticut subject to his right to request a hearing, and that if Respondent failed to request a hearing within 14 days following his receipt of the Notice, the Commissioner shall issue an order revoking his registration as an agent in Connecticut;
 
WHEREAS, on April 16, 2009, the Notice was sent to by registered mail, return receipt requested, to Respondent;
 
WHEREAS, on April 18, 2009, the Notice was received by Respondent;
 
WHEREAS, Respondent failed to request a hearing within the prescribed time period;
 
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 facts as set forth in paragraphs 4 through 9, inclusive, of the Notice shall constitute findings of fact within the meaning of Section 4-180(c) of the Connecticut General Statutes; and that the statutory basis for the revocation of registration as an agent in Connecticut and the conclusions set forth in paragraphs 10 and 11 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 this action is necessary and appropriate in the public interest and for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of Sections 36b-2 to 36b-33, inclusive, of the Act.
3. The Commissioner finds that the Notice was given in compliance with Section 36b-15(f) of the Act and Sections 4-177 and 4-182(c) of the Connecticut General Statutes.

III. ORDER

Having read the record, I HEREBY ORDER, pursuant to Sections 36b-15 of the Act, that:

1. The registration of John D. Crooks as an agent in Connecticut is hereby REVOKED; and
2. This Order shall become effective when mailed.


 

________/s/_________
Howard F. Pitkin
Banking Commissioner


Dated at Hartford, Connecticut,
this 15th day of May 2009.


This Order was sent by certified
mail, return receipt requested, to
Respondent on May 18, 2009.

John D. Crooks 
26 Canterbury Turnpike
Norwich, CT 06360
Certified Mail No. 7007 2680 0001 3136 7405


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