DOB: Rawlins & Rivera, Inc., a/k/a RRI, Inc. - CD-CP

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IN THE MATTER OF:

RAWLINS & RIVERA, INC.,
a Florida corporation
a/k/a RRI, INC.
("RRI Florida")

RAWLINS & RIVERA, INC.,
a Georgia corporation
a/k/a RRI, INC.
("RRI Georgia")

    (collecticely, "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 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 of the Department of Banking (“Department”), conducted an investigation of the activities of Respondents, pursuant to the authority granted by Section 36a-17 of the 2012 Supplement to the General Statutes, to determine if they had violated, were violating or were about to violate the provisions of the Connecticut General Statutes;
 
WHEREAS, on March 7, 2012, the Commissioner, acting pursuant to Sections 36a-804(b), 36a-52(a) and 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 (“Notice”) against Respondents, which Notice is incorporated herein by reference;
 
WHEREAS, on March 8, 2012, the Notice was sent by certified mail, return receipt requested, to RRI Florida (Certified Mail No. 70112000000247358123); RRI Florida’s agent (Certified Mail No. 70112000000247358130); RRI Georgia (Certified Mail No. 70112000000247358147); RRI Georgia’s agent, (Certified Mail No. 70112000000247358154); and Robert Bird, Esq. (Certified Mail No. 70112000000247358161);
 
WHEREAS, the Notice provided Respondents 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 each Respondent cease and desist from violating Section 36a-801(a) of the 2012 Supplement to the General Statutes, and may order a civil penalty in an amount not to exceed One Hundred Thousand Dollars ($100,000) per violation be imposed upon each Respondent;
 
WHEREAS, on March 12, 2012, RRI Georgia received the Notice sent by certified mail, return receipt requested (Certified Mail No. 70112000000247358147);
 
WHEREAS, on March 12, 2012, RRI Georgia’s agent received the Notice sent by certified mail, return receipt requested (Certified Mail No. 70112000000247358154);
 
WHEREAS, on March 12, 2012, Robert Bird, Esq. received the Notice sent by certified mail, return receipt requested (Certified Mail No. 70112000000247358161);
 
WHEREAS, on March 13, 2012, RRI Florida received the Notice sent by certified mail, return receipt requested (Certified Mail No 70112000000247358123);
 
WHEREAS, on March 19, 2012, the Notice sent to RRI Florida’s agent by certified mail, return receipt requested (Certified Mail No. 70112000000247358130), was returned to the Department because they could not distinguish which entity was the intended recipient;
 
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, Respondents 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 Respondents’ acting within this state as a consumer collection agency without a consumer collection agency license, constitutes a violation of Section 36a-801(a) of the 2012 Supplement to the General Statutes, which forms the basis to issue an order to cease and desist pursuant to Sections 36a-804(b) and 36a-52(a) of the Connecticut General Statutes, and an order imposing civil penalty pursuant to Sections 36a-804(b) and 36a-50(a) of the Connecticut General Statutes;
 
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 conclusions 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 Respondents have engaged in acts or conduct which, pursuant to Sections 36a-804(b) and 36a-52 of the Connecticut the General Statutes, forms a basis to issue an order to cease and desist against Respondents from violating Section 36a-801(a) of the 2012 Supplement to the General Statutes, and pursuant to Sections 36a-804(b) and 36a-50(a) of the Connecticut General Statutes, forms a basis to impose a civil penalty upon each Respondent.
3.
The Commissioner finds that the Notice was given in compliance with 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 Sections 36a-804(b), 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, that:

1. Rawlins & Rivera, Inc., a Florida corporation a/k/a RRI, Inc., CEASE AND DESIST from violating Section 36a-801(a) of the 2012 Supplement to the General Statutes;
2.
Rawlins & Rivera, Inc., a Georgia corporation a/k/a RRI, Inc., CEASE AND DESIST from violating Section 36a-801(a) of the 2012 Supplement to the General Statutes;
3.
A CIVIL PENALTY of One Hundred Thousand Dollars ($100,000) be imposed against Rawlins & Rivera, Inc., a Florida corporation a/k/a RRI, Inc., 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;
4. A CIVIL PENALTY of One Hundred Thousand Dollars ($100,000) be imposed against Rawlins & Rivera, Inc., a Georgia corporation a/k/a RRI, Inc., 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 25th day of April 2012.                        ________/s/_________
                                                            Howard F. Pitkin
                                                            Banking Commissioner


This order was sent by certified mail,
return receipt requested, to
Respondents on April 26, 2012.

Rawlins & Rivera, Inc.           Certified Mail No. 70112000000247358475
a Florida corporation
a/k/a RRI, Inc.
Attention Joe L. Hunt, Sr., President
283 North Cranes Roost Boulevard, Suite 111
Altamonte Springs, Florida 32701

Rawlins & Rivera, Inc.           Certified Mai No. 70112000000247358482
a Florida corporation
a/k/a RRI, Inc.
Attention:  CT Corporation System, Registered Agent
1200 South Pine Island Road
Plantation, Florida 33324

Rawlins & Rivera, Inc.           Certified Mail No. 70112000000247358499
a Georgia corporation
a/k/a RRI, Inc.
Attention Joe L. Hunt, Sr., CEO, CFO, Secretary
8343 Roswell Road, Suite 375
Atlanta, Georgia 30350

Rawlins & Rivera, Inc.           Certified Mail No. 70112000000247358505
a Georgia corporation
a/k/a RRI, Inc.
Attention:  CT Corporation System, Registered Agent
1201 Peachtree Street, NE
Atlanta, Georgia 30361

Robert Bird, Esq.                  Certified Mail No. 70112000000247358512
283 Cranes Roost Boulevard, Suite 111
Altamonte Springs, Florida 32701



Administrative Orders and Settlements