DOB: Home Tech Group - CD-CP

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IN THE MATTER OF:

HOME TECH GROUP, LLC
       
        ("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 Sections 36a-671 to 36a-671e, inclusive, of the Connecticut General Statutes contained in Part II of Chapter 669 of the Connecticut General Statutes, “Debt Adjusters and Debt Negotiation”;

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 it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes within the jurisdiction of the Commissioner;

WHEREAS, on June 22, 2015, the Commissioner, acting pursuant to Sections 36a-52(b), 36a-50(c), 36a-671a(b), 36a-52(a) and 36a-50(a) of the Connecticut General Statutes, issued a Temporary Order to Cease and Desist, Order to Make Restitution (“Order to Make Restitution”), Notice of Intent to Issue Order to Cease and Desist, Notice of Intent to Impose Civil Penalty and Notice of Right to Hearing (collectively “Order and Notice”) against Respondent, which Order and Notice is incorporated herein by reference;

WHEREAS, on June 23, 2015, the Order and Notice was sent by certified mail, return receipt requested, to Respondent (Certified Mail Nos. 70143490000235345114, 70143490000235345121, 70143490000235345138 and 70143490000235345152) and to Respondent’s agent (Certified Mail No. 70143490000235345169);
 
WHEREAS, the Order and Notice provided Respondent with the opportunity for a hearing, and stated that if a hearing was not requested by Respondent within 14 days of Respondent’s receipt, the Order to Make Restitution shall remain in effect and become permanent against Respondent and the Commissioner would issue an order that Respondent cease and desist from violating Section 36a-671(b) of the Connecticut 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 Respondent;
 
WHEREAS, on June 26, 29 and July 16, 2015, Respondent received the Order and Notice, and on June 29, 2015, Respondent’s agent received the Order and Notice, and no request for a hearing has been received by the Commissioner;

WHEREAS, the Commissioner alleged in the Order and Notice, with respect to the activity described therein, that Respondent’s engaging in debt negotiation in this state without obtaining the required license constitutes a violation of Section 36a-671(b) of the Connecticut General Statutes.  Such violation forms the basis to issue an order to cease and desist pursuant to Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, to issue an order to make restitution pursuant to Sections 36a-671a(b) and 36a-50(c) of the Connecticut General Statutes, and to impose a civil penalty pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes;

WHEREAS, also in the Order and Notice, the Commissioner ordered, pursuant to Section 36a-50(c) of the Connecticut General Statutes, that not later than thirty (30) days from the date the Order to Make Restitution becomes permanent, Respondent shall repay $2,125 to an identified Connecticut resident and repay fees to any other Connecticut resident who entered into an agreement for debt negotiation services with Respondent on and after October 1, 2009, plus interest, and provide evidence of such repayment to the Director of the Consumer Credit Division;
 
WHEREAS, the Order to Make Restitution remains in effect and became permanent against Respondent on July 31, 2015;

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 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 6, inclusive, of Section II of the Order and 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 Order and 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 Sections 36a-671a(b) and 36a-52(a) of the Connecticut General Statutes, forms the basis to issue an order to cease and desist against Respondent, and, pursuant to Sections 36a-671a(b) and 36a-50(a) of the Connecticut General Statutes, forms the basis to impose a civil penalty upon Respondent.
3.
The Commissioner finds that the Order and Notice was given in compliance with Section 36a-52(a), subsections (a) and (c) of Section 36a-50 and Section 4-177 of the Connecticut General Statutes.


III.  ORDER

Having read the record, I HEREBY ORDER, pursuant to Sections 36a-671a(b), 36a-52(a) and 36a-50(a) of the Connecticut General Statutes that:

1.
Home Tech Group, LLC CEASE AND DESIST from violating Section 36a-671(b) of the Connecticut General Statutes;
2.
A CIVIL PENALTY of One Hundred Thousand Dollars ($100,000) be imposed upon Home Tech Group, 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
3.
This Order shall become effective when mailed.

Dated at Hartford, Connecticut
this 21st day of August 2015.             

       ________/s/_________
       Jorge L. Perez
       Banking Commissioner



This Order was sent by certified mail,
return receipt requested, to
Respondent and Respondent’ agent
on August 24, 2015.

Home Tech Group, LLC                              Certified Mail No. 70143490000235259947
3213 W. Main Street #239
Rapid City, South Dakota 57702-2314

Home Tech Group, LLC                              Certified Mail No. 70143490000235345251
1642 N. McCulloch Drive #415
Lake Havasu City, Arizona 86403

Home Tech Group, LLC                              Certified Mail No. 70143490000235345268
5701 Lonetree Boulevard, Suite 218
Rocklin, California 95765

Home Tech Group, LLC                              Certified Mail No. 70143490000235345275
23016 Lake Forest Drive, Suite A 324
Laguna Hills, California 92653

Home Tech Group, LLC                              Certified Mail No. 70143490000235345282
9988 Niblick Drive #3
Roseville, California 95678

Inc. Smallbiz Agents                                 Certified Mail No. 70143490000235345299
3213 W Main #239
Rapid City, South Dakota 57702


Administrative Orders and Settlements