DOB: Inchek, LLC - Rev-RefRen-CD-CP

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IN THE MATTER OF:

INCHEK, LLC

    ("Respondent")

 

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ORDER REVOKING AND
REFUSING TO RENEW CONSUMER
COLLECTION AGENCY LICENSE

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 XII of Chapter 669, Sections 36a-800 to 36a-810, inclusive, of the Connecticut General Statutes, “Consumer Collection Agencies”, and the regulations promulgated thereunder (Sections 36a-809-6 to 36a-809-17, inclusive, of the Regulations of Connecticut State Agencies);
 
WHEREAS, the Commissioner, through the Consumer Credit Division (“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 2012 Supplement to the General Statutes, to determine if Respondent had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;
 
WHEREAS, on February 1, 2012, the Commissioner, acting pursuant to Sections 36a-52(b) and 4-182(c) of the Connecticut General Statutes, subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued a Temporary Order to Cease and Desist, Order of Summary Suspension, Notice of Intent to Revoke and Refuse to Renew Consumer Collection Agency License, 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 February 2, 2012, the Notice was sent by certified mail, return receipt requested, to Respondent (Certified Mail No. 70112000000247358031); and to Respondent’s President (Certified Mail No. 70112000000247358048);
 
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 revoking and refusing to renew Respondent’s license to act as a consumer collection agency in this state, issue an order that Respondent cease and desist from violating Section 36a-17(d) of the 2012 Supplement to the General Statutes, and may order a civil penalty not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon Respondent;
 
WHEREAS, on February 13, 2012, Respondent’s President received the Notice sent by certified mail, return receipt requested (Certified Mail No. 70112000000247358048);
 
WHEREAS, on February 17, 2012, the Notice sent to Respondent by certified mail, return receipt requested (Certified Mail No. 70112000000247358031) was signed for, however, on February 27, 2012, the Notice was returned to the Division marked “Return to Sender – Party Not at This Address”;
 
WHEREAS, Section 36a-52(a) 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-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, Respondent failed to request a hearing within the prescribed time period;
 
WHEREAS, the Commissioner alleged in the Notice, with respect to the activity described therein, that Respondent’s failure to provide information requested by examiners of the Division as part of their examination of Respondent, constitutes a violation of Section 36a-17(d) of the 2012 Supplement to the General Statutes.  Such conduct constitutes sufficient grounds for the Commissioner to revoke and refuse to renew Respondent’s license to act as a consumer collection agency in this state pursuant to subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, forms the basis to issue an order to cease and desist pursuant to Section 36a-52(a) of the Connecticut General Statutes, and to impose a civil penalty pursuant to Section 36a-50(a) of the Connecticut General Statutes;
 
WHEREAS, Section 36a-51(b) of the 2012 Supplement to the General Statutes provides, in pertinent part, that “[i]f the licensee does not request a hearing within the time specified in the notice or fails to appear at the hearing, the commissioner shall . . . revoke or refuse to renew the license.  No such license shall be . . . revoked except in accordance with the provisions of chapter 54”;
 
WHEREAS, Section 36a-52(a) of the Connecticut General Statutes provides, in pertinent part, that “[i]f 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”;
 
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 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”;
 
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 through 7, inclusive, 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 conclusion as set forth in Section II 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 subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, constitutes sufficient grounds to revoke and refuse to renew Respondent’s license to act as a consumer collection agency in this state.
3.
The Commissioner finds that Respondent has engaged in acts or conduct which, pursuant to Section 36a-52(a) of the Connecticut General Statutes, forms the basis to issue an order to cease and desist against Respondent from violating Section 36a-17(d) of the 2012 Supplement to the General Statutes, and pursuant to Section 36a-50(a) of the Connecticut General Statutes, forms a basis to impose a civil penalty upon Respondent.
4. The Commissioner finds that the Notice was given in compliance with subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, and Sections 36a-52(a), 36a-50(a) and 4-177 of the Connecticut General Statutes.


III.  ORDER

Having read the record, I HEREBY ORDER, pursuant to subsections (a) and (b) of Section 36a-51 of the 2012 Supplement to the General Statutes, and Sections 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, that:

1.
The license of Inchek, LLC to act as a consumer collection agency in this state, be and is hereby REVOKED;
2.
The license of Inchek, LLC to act as a consumer collection agency in this state NOT BE RENEWED;
3.
Inchek, LLC CEASE AND DESIST from violating Section 36a-17(d) of the 2012 Supplement to the General Statutes;
4. A CIVIL PENALTY of Ten Thousand Dollars ($10,000) be imposed against Inchek, LLC 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 thirty (30) days from the date this Order is mailed; and
5.
This Order shall become effective when mailed.
 

Dated at Hartford, Connecticut
this 24th day of April 2012.                       ________/s/_________
                                                            Howard F. Pitkin
                                                            Banking Commissioner



This order was sent by certified mail,
return receipt requested, to Respondent
and Respondent’s President
on April 24, 2012.


Inchek, LLC                               Certified Mail No. 70112000000247358383
Attn:  Stephanie Siclari
101 Bishop Street, #1-L
New Haven, CT 06511

Donald J. Siclari, Jr., President      Certified Mail No. 70112000000247358390
Inchek, LLC
129 Church Street, Suite 703
New Haven, CT 06510


Administrative Orders and Settlements