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IN THE MATTER OF:
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ORDER IMPOSING FINE
DOCKET NO. CF-2009-865-B
I. PRELIMINARY STATEMENT
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Chapter 672c of the General Statutes of Connecticut, the Connecticut Business Opportunity Investment Act (“Act”), pursuant to Section 36b-70 of the Act;
WHEREAS, the Commissioner, through the Securities and Business Investments Division of the Department of Banking (“Department”), conducted an investigation into the activities of Respondent, its officers, agents, representatives and employees, pursuant to Section 36b-71(a) of the Act, to determine if any of them had violated, were violating, or were about to violate provisions of the Act (“Investigation”);
WHEREAS, on December 23, 2009, based on the Investigation, the Commissioner, acting pursuant to Section 36b-72(a) of the Act and Section 36b-72(b) of the Act, as amended by Public Act 09-160, issued an Order to Cease and Desist (“Order”), Notice of Intent to Fine, and Notice of Right to Hearing against Respondent (collectively “Notice”), which Notice is incorporated by reference herein;
WHEREAS, the Commissioner alleged in the Notice, with respect to the activity described therein, that Respondent’s offer and sale of a business opportunity absent registration constitutes a violation of Section 36b-67 of the Act, which forms a basis for an order to cease and desist to be issued against Respondent under Section 36b-72(a) of the Act, and for the imposition of a fine against Respondent under Section 36b-72(b) of the Act, as amended;
WHEREAS, the Notice stated, inter alia, that the Commissioner intended to impose a fine against Respondent, that Respondent would be afforded an opportunity for a hearing on the allegations set forth in the Notice if a written request for a hearing was received by the Department within fourteen (14) days following its receipt of the Notice, and that if Respondent did not request a hearing within the prescribed time period, the Commissioner may order that a maximum fine be imposed upon Respondent;
WHEREAS, on December 28, 2009, the Notice was sent by certified mail, return receipt requested, to Respondent (Certified Mail No. 7008 1140 0002 4974 3435);
WHEREAS, on January 12, 2010, the Notice was returned to the Department of Banking marked “Return to Sender – Undeliverable As Addressed – Unable to Forward”;
WHEREAS, on January 14, 2010, the Notice was served on the Commissioner, and on January 14, 2010, in accordance with Section 36b-62(f) of the General Statutes of Connecticut, Notice of Service on the Banking Commissioner, dated January 14, 2010 (“Notice of Service”), was sent by registered mail, return receipt requested, to Respondent (Registered Mail No. RB027869563US);
WHEREAS, Respondent has failed to request a hearing on the allegations set forth in the Notice within fourteen (14) days of the date of the Notice of Service;
WHEREAS, on March 16, 2010, a Certification was issued rendering the Order permanent as of January 29, 2010, which Certification is incorporated by reference herein;
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
||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.|
||The Commissioner finds that Respondent committed one violation of Section 36b-67 of the Act.|
||The Commissioner finds that the facts require the imposition of a fine against Respondent.|
The Commissioner complied with Section 36b-72 of the Act, as amended, and Section 4-177 of the General Statutes of Connecticut.
Having read the record, I hereby ORDER, pursuant to Sections 36b-72 of the Act, as amended, that:
||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|
||This Order Imposing Fine shall become final when mailed.|
|Dated at Hartford, Connecticut,
|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
Administrative Orders and Settlements