* * * * * * * * * * * * * * * * * * * * * * * IN THE MATTER OF: PELLETTIERI GROUP, LLC ("Respondent")
| * * * * * * * * * * * | NOTICE OF INTENT TO REVOKE NOTICE OF RIGHT TO HEARING |
I. LEGAL AUTHORITY AND JURISDICTION
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 (“Regulations”).
Pursuant to the authority granted by Section 36a-17(a) of the Connecticut General Statutes, the Commissioner, through the Consumer Credit Division (“Division”) of the Department of Banking, has investigated the activities of Respondent to determine if it has violated, is violating or is about to violate the provisions of the Connecticut General Statutes or Regulations within the jurisdiction of the Commissioner.
Section 36a-17(a) of the Connecticut General Statutes provides, in pertinent part, that:
The commissioner, in the commissioner’s discretion, may, subject to the provisions of section 36a-21 and the Freedom of Information Act, as defined in section 1-200; (1) make such public or private investigations . . . within or outside this state, concerning any person subject to the jurisdiction of the commissioner, as the commissioner deems necessary to carry out the duties of the commissioner . . . .
Section 36a-51 of the Connecticut General Statutes provides, in pertinent part, that:
(a) The commissioner may . . . revoke or refuse to renew any license issued by the commissioner under any provision of the general statutes by sending a notice to the licensee by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt. The notice shall be deemed received by the licensee on the earlier of the date of actual receipt or seven days after mailing or sending. Any such notice shall include: (1) A statement of the time, place, and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular sections of the general statutes . . . involved; (4) a short and plain statement of the matters asserted; and (5) a statement indicating that the licensee may file a written request for a hearing on the matters asserted within fourteen days of receipt of the notice. . . .
(b) If a hearing is requested within the time specified in the notice, the commissioner shall hold a hearing upon the matters asserted in the notice unless the licensee fails to appear at the hearing. After the hearing, the commissioner shall . . . revoke or refuse to renew the license for any reason set forth in the applicable licensing provisions of the general statutes if the commissioner finds sufficient grounds exist for such . . . revocation or refusal to renew. If 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.
Section 4-182(b) of the 2014 Supplement to the General Statutes provides, in pertinent part, that:
When a licensee has made timely and sufficient application for the renewal of a license . . . , the existing license shall not expire until the application has been finally determined by the agency . . . .
II. MATTERS ASSERTED
| 1. | Respondent is an Illinois limited liability company with an office at 1717 Park Street, Suite 105, Naperville, Illinois (“Naperville Office”). |
| 2. | On August 26, 2013, Respondent filed an application for renewal of its consumer collection agency license in Connecticut (license #30083) for the Naperville Office for the October 1, 2013 through September 30, 2015 renewal period (“Renewal Application”). |
| 3. | On October 30, 2013, the Division sent an e-mail with a letter attached to Respondent acknowledging receipt of Respondent’s Renewal Application and asked Respondent to address certain deficiencies in its Renewal Application. To date, the Division has not received any response. |
| 4. | On January 2, 2014, pursuant to Section 4-182(c) of the Connecticut General Statutes, the Division sent a letter to Respondent giving Respondent an opportunity to show compliance with all lawful requirements for retention of its consumer collection agency license in Connecticut. To date, the Division has not received any response. |
III. STATUTORY BASIS FOR REVOCATION AND REFUSAL TO RENEW
CONSUMER COLLECTION AGENCY LICENSE
Section 36a-801 of the 2014 Supplement to the General Statutes provides, in pertinent part, that:
(b) Any person desiring to act within this state as a consumer collection agency shall make a written application to the commissioner for such license in such form as the commissioner prescribes. . . . The commissioner shall cause to be made such inquiry and examination as to the qualifications of each such applicant or any partner, member, officer, director or principal employee of the applicant as the commissioner deems necessary. . . . Each applicant shall furnish satisfactory evidence to the commissioner that the applicant is a person of good moral character and is financially responsible.
(c) If the commissioner finds, upon the filing of an application for a consumer collection agency, that (1) the financial responsibility, character, reputation, integrity and general fitness of the applicant and . . . of the members if the applicant is a limited liability company or association . . . are such to warrant belief that the business will be operated soundly and efficiently, in the public interest and consistent with the purposes of sections 36a-800 to 36a-810, inclusive, . . . the commissioner may, upon such finding, issue the applicant a consumer collection agency license. If the commissioner fails to make such findings, the commissioner shall not issue a license and shall notify the applicant of the reasons for such denial. . . . The commissioner may renew such application, in the commissioner’s discretion, upon filing of a proper renewal application accompanied by . . . satisfactory proof that such applicant at that time possesses the required qualifications for the license. . . .
Section 36a-804(a) of the Connecticut General Statutes provides, in pertinent part, that:
The commissioner may . . . revoke or refuse to renew any [consumer collection agency] license . . . , in accordance with the provisions of section 36a-51, for any reason which would be sufficient grounds for the commissioner to deny an application for a license under sections 36a-800 to 36a-810, inclusive . . . .
the financial responsibility, character, reputation, integrity and general fitness of Respondent and the members of Respondent are such to warrant belief that the business will be operated soundly and efficiently, in the public interest and consistent with the purposes of Sections 36a-800 to 36a-810, inclusive, of the Connecticut General Statutes. Such failure constitutes grounds to deny an application for such license and, in turn, constitutes grounds for the Commissioner to revoke and refuse to renew Respondent’s license to act as a consumer collection agency in Connecticut from the Naperville Office pursuant to Section 36a-804(a) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes.
IV. NOTICE OF INTENT TO REVOKE AND REFUSE TO RENEW CONSUMER
COLLECTION AGENCY LICENSE AND NOTICE OF RIGHT TO HEARING
WHEREAS, the Commissioner has reason to believe that Respondent has engaged in acts or conduct which constitutes grounds to revoke and refuse to renew Respondent’s consumer collection agency license for the Naperville Office pursuant to Section 36a-804(a) and subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes.
NOW THEREFORE, notice is hereby given to Respondent that the Commissioner intends to REVOKE and REFUSE TO RENEW Respondent’s license to act as a consumer collection agency in Connecticut from the Naperville Office, subject to its right to a hearing on the allegation set forth above.
A hearing will be granted to Respondent if a written request for a hearing is received by the Department of Banking, Consumer Credit Division, 260 Constitution Plaza, Hartford, Connecticut 06103-1800 within fourteen (14) days following its receipt of this Notice of Intent to Revoke and Refuse to Renew Consumer Collection Agency License and Notice of Right to Hearing as set forth in subsections (a) and (b) of Section 36a-51 of the Connecticut General Statutes. This Notice of Intent to Revoke and Refuse to Renew Consumer Collection Agency License and Notice of Right to Hearing shall be deemed received on the earlier of the date of actual receipt, or seven days after mailing or sending. The enclosed Appearance and Request for Hearing Form must be completed and mailed to the above address. If Respondent will not be represented by an attorney at the hearing, please complete the Appearance and Request for Hearing Form as “pro se”. Once a written request for hearing is received, the Commissioner may issue a notification of hearing and designation of hearing officer that acknowledges receipt of a request for a hearing, designates a hearing officer and sets the date of the hearing in accordance with Section 4-177 of the Connecticut General Statutes and Section 36a-1-21 of the Regulations of Connecticut State Agencies. If a hearing is requested, the hearing will be held on May 22, 2014, at 10 a.m., at the Department of Banking, 260 Constitution Plaza, Hartford, Connecticut.
The hearing will be held in accordance with the provisions of Chapter 54 of the Connecticut General Statutes, unless Respondent fails to appear at the requested hearing. At such hearing, Respondent will have the right to appear and present evidence, rebuttal evidence and argument on all issues of fact and law to be considered by the Commissioner.
If Respondent does not request a hearing within the time prescribed, the Commissioner will issue an order revoking and refusing to renew Respondent’s license to act as a consumer collection agency in Connecticut from 1717 Park Street, Suite 105, Naperville, Illinois.
Dated at Hartford, Connecticut
this 20th day of March 2014.
________/s/_________
Howard F. Pitkin
Banking Commissioner
CERTIFICATION
I hereby certify that on this 21st day of March 2014, the foregoing Notice of Intent to Revoke and Refuse to Renew Consumer Collection Agency License and Notice of Right to Hearing was sent by certified mail, return receipt requested, to Pellettieri Group, LLC, Attention: Thomas Gregor, 1717 Park Street, Suite 105, Naperville, Illinois 60563-8576, certified mail no. 70121010000173173233.
________/s/_________
Doniel Kitt
Prosecuting Attorney