| * * * * * * * * * * * * * * * * * * * * * * * * IN THE MATTER OF: G.N.P.K. OF ROCKVILLE LLC | * * * * * * * * * * * * | CONSENT ORDER |
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part IV of Chapter 668, Sections 36a-580 to 36a-589, inclusive, of the Connecticut General Statutes, “Check Cashing Services”, and Sections 36a-585-1, 36a-588-1, 36a-588-3 and 36a-588-4 of the Regulations of Connecticut State Agencies (“Regulations”);
WHEREAS, Rockville Corner Market is a Connecticut limited liability company with an office at 20 East Main Street, Vernon, Connecticut;
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation, pursuant to Section 36a-17 of the Connecticut General Statutes, as amended by Public Acts 14-7 and 14-89, into the activities of Rockville Corner Market to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes and Regulations within the jurisdiction of the Commissioner;
WHEREAS, as a result of such investigation, on December 2, 2014, the Commissioner issued a Notice of Intent to Issue Order to Cease and Desist, Notice to Impose Civil Penalty and Notice of Right to Hearing (“Notice) against Rockville Corner Market, which Notice is incorporated herein by reference;
WHEREAS, on December 3, 2014, the Notice was sent to Rockville Corner Market by certified mail, return receipt requested (Certified Mail No. 70120470000147903331);
WHEREAS, on December 5, 2014, Rockville Corner Market received the Notice and, on December 17, 2014, Rockville Corner Market’s counsel requested a hearing on behalf of Rockville Corner Market, which hearing is currently scheduled for January 13, 2015;
WHEREAS, the Notice alleges that Rockville Corner Market engaged in the business of cashing checks, drafts or money orders for consideration without licensure for a general facility or limited facility at 20 East Main Street, Vernon, Connecticut, in violation of Section 36a-581(a) of the Connecticut General Statutes;
WHEREAS, the Notice alleges that Rockville Corner Market charged a fee in excess of two percent for cashing money orders, in violation of Section 36a-585 of the Connecticut General Statutes and Section 36a-585-1(a) of the Regulations;
WHEREAS, Section 4-177(c) of the Connecticut General Statutes and Section 36a-1-55(a) of the Regulations of Connecticut State Agencies provide that a contested case may be resolved by consent order, unless precluded by law;
WHEREAS, the Commissioner and Rockville Corner Market now desire to resolve the matters alleged in the Notice and set forth herein;
WHEREAS, Rockville Corner Market voluntarily agrees to consent to the entry of the sanctions imposed below without admitting or denying any allegation contained in the Notice and set forth herein and solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegations contained in the Notice and set forth herein;
WHEREAS, Rockville Corner Market herein represents to the Commissioner that it has not engaged in the business of cashing checks, drafts or money orders for consideration without licensure for a general facility or limited facility since October 2014;
WHEREAS, Rockville Corner Market specifically assures the Commissioner that the alleged violations contained in the Notice and set forth herein shall not occur in the future;
WHEREAS, Rockville Corner Market agrees that the Notice may be used in construing the terms of this Consent Order and agrees to the language of this Consent Order;
AND WHEREAS, Rockville Corner Market, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to a hearing as it pertains to the allegations contained in the Notice and set forth herein, and voluntarily waives its right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.
CONSENT TO ENTRY OF SANCTIONS
WHEREAS, Rockville Corner Market, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:
| 1. | No later than the date this Consent Order is executed by Rockville Corner Market, Rockville Corner Market shall remit to the Department of Banking by cashier’s check, certified check or money order made payable to “Treasurer, State of Connecticut”, the sum of One Thousand Dollars ($1,000) as a civil penalty; and |
| 2. | Rockville Corner Market shall not engage in the business of cashing checks, drafts or money orders for consideration, except as an incident to the conduct of any other lawful business where not more than fifty cents ($.50) is charged for the cashing of such check, draft or money order, without obtaining a license to operate a check cashing general facility or limited facility for each location where such business is to be conducted. |
CONSENT ORDER
NOW THEREFORE, the Commissioner enters the following:
| 1. | The Sanctions set forth above be and are hereby entered; |
| 2. | Upon issuance of this Consent Order by the Commissioner, this matter will be resolved and the Commissioner will not take any future enforcement action against Rockville Corner Market based upon the allegations contained in the Notice and set forth herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Rockville Corner Market based upon a violation of this Consent Order or the matters underlying its entry, if the Commissioner determines that compliance with the terms herein is not being observed or if any representation made by Rockville Corner Market and reflected herein is subsequently discovered to be untrue; |
| 3. | Nothing in the issuance of this Consent Order shall adversely affect the ability of Rockville Corner Market to apply for or obtain a license or renewal license for a general facility or limited facility under Part IV of Chapter 668, Sections 36a-580, et seq. of the Connecticut General Statutes, provided all applicable legal requirements for such license are satisfied; and |
| 4. | This Consent Order shall become final when issued. |
Issued at Hartford, Connecticut
this 12th day of January 2015. _______/s/_________
Howard F. Pitkin
Banking Commissioner
I, Mohinder Singh, state on behalf of G.N.P.K. of Rockville LLC d/b/a Rockville Corner Market a/k/a Rockville Convenience Store, that I have read the foregoing Consent Order; that I know and fully understand its contents; that I am authorized to execute this Consent Order on behalf of G.N.P.K. of Rockville LLC d/b/a Rockville Corner Market a/k/a Rockville Convenience Store; that G.N.P.K. of Rockville LLC d/b/a Rockville Corner Market a/k/a Rockville Convenience Store agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that G.N.P.K. of Rockville LLC d/b/a Rockville Corner Market a/k/a Rockville Convenience Store voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
By: ________/s/___________
Name: Mohinder Singh
Title: Member
G.N.P.K. of Rockville LLC
d/b/a Rockville Corner Market
a/k/a Rockville Convenience Store
State of: Connecticut
County of: Hartford
On this the 8th day of January 2015, before me, Lynne Marie Donique, the undersigned officer, personally appeared Mohinder Singh who acknowledged himself to be the Member of G.N.P.K. of Rockville LLC d/b/a Rockville Corner Market a/k/a Rockville Convenience Store, a limited liability company, and that he as such Member, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company by himself as Member.
In witness whereof I hereunto set my hand.
_________/s/_________
Notary Public
Date Commission Expires: June 30, 2016