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I. PRELIMINARY STATEMENT
|When 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;|
WHEREAS, Section 36b-15 of the Act provides, in pertinent part, that:
|(a)||The commissioner may, by order . . . revoke any registration . . . if the commissioner finds that (1) the order is in the public interest, and (2) the . . . registrant . . . (C) has been convicted, within the past ten years, of any misdemeanor involving a security, any aspect of a business involving securities, commodities, investments, franchises, business opportunities, insurance, banking or finance, or any felony, provided any . . . revocation of such registration shall be in accordance with the provisions of section 46a-80; (D) is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of a business involving securities, commodities, investments, franchises, business opportunities, insurance, banking or finance . . . (F) is the subject of any of the following sanctions that are currently effective or were imposed within the past ten years . . . (ii) an order of the Securities and Exchange Commission . . . suspending or expelling such . . . registrant or person from a national securities or commodities exchange or national securities or commodities association registered under the Securities Exchange Act of 1934 . . . or, in the case of an individual, an order of the Securities and Exchange Commission . . . barring such individual from association with a broker dealer or an investment adviser . . . .|
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|(f)||No order may be entered under this section except as provided in subsection (c) of this section without (1) appropriate prior notice to the . . . registrant and to the employer or prospective employer if such . . . registrant is an agent . . . (2) opportunity for hearing, and (3) written findings of fact and conclusions of law[;]|
II. FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Commissioner finds that the facts as set forth in paragraphs 4 through 12, inclusive, of the Notice, shall constitute findings of fact within the meaning of Section 4-180(c) of the General Statutes of Connecticut and Section 36a-1-52 of the Regulations, and that the Statutory Basis for Revocation of Registration as an Agent set forth in paragraphs 13 through 18, inclusive, of the Notice shall constitute conclusions of law within the meaning of Section 4-180(c) of the General Statutes of Connecticut and Section 36a-1-52 of the Regulations. 2.
The Commissioner finds that grounds exist to revoke Respondent’s registration as an agent in Connecticut pursuant to Sections 36b-15(a)(2)(C), 36b-15(a)(2)(D) and 36b-15(a)(2)(F)(ii) of the Act. 3.
The Commissioner finds that the facts require the issuance of an order revoking Respondent’s registration as an agent in Connecticut. 4.
The Commissioner finds that the Notice complied with the requirements of Section 36b-15(f) of the Act and Sections 4-177 and 4-182(c) of the General Statutes of Connecticut. 5.
The Commissioner finds that the issuance of an order revoking Respondent’s registration as an agent in Connecticut is necessary and appropriate in the public interest and for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of Sections 36b-2 to 36b-34, inclusive, of the Act.
Having read the record, I hereby ORDER, pursuant to Section 36b-15 of the Act, that:
|1.||The registration of David Miller as an agent in Connecticut is hereby REVOKED; and|
|2.||This Order shall become effective when mailed.|
|Dated at Hartford, Connecticut,||_______/s/____________|
|this 6th day of September 2013.||Howard F. Pitkin|
This Order was sent by certified
mail, return receipt requested, to
Respondent on September 6, 2013.
9 Vernon Avenue
Rockville Centre, NY 11570
Certified mail no. 7012 3050 0002 1692 6156
Rochdale Securities, LLC
One Landmark Square, 15th Floor
Stamford, CT 06901
Certified mail no. 7012 3050 0002 1692 6163