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IN THE MATTER OF: RAYMOND WYLLINS d/b/a ("Wyllins") * * * * * * * * * * * * * * * * * * * |
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CONSENT ORDER DOCKET NO. CF-2008-850-B |
PRELIMINARY STATEMENT
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Chapter 672c of the Connecticut General Statutes, the Connecticut Business Opportunity Investment Act (“Act”);
WHEREAS, the Commissioner, through the Securities and Business Investments Division (“Division”) of the Department of Banking, conducted an investigation pursuant to Section 36b-71(a) of the Act into the activities of Raymond Wyllins d/b/a Finishmasters Refinishing (“Wyllins”) to determine whether he had violated, was violating or was about to violate any provision of the Act or any order under the Act;
WHEREAS, as a result of the investigation, the Division alleged that on or about August 24, 2006, Wyllins violated Section 36b-67(1) of the Act by offering and selling one unregistered refinishing business opportunity from Connecticut;
WHEREAS, on August 25, 2008, the Commissioner, acting pursuant to Section 36b-72 of the Act, issued an Order to Cease and Desist (“Order”), Notice of Intent to Fine and Notice of Right to Hearing against Wyllins (collectively “Notice”), which Notice is incorporated by reference herein;
WHEREAS, on August 26, 2008, the Notice was received by Wyllins:
WHEREAS, Section 36b-72(d) of the Act provides, in relevant part, that “any time after the issuance of an order provided for in subsection (a) or (b) of Section 36b-72, the commissioner may accept an agreement by any person charged with violating any provision of . . . [the Act] to enter into a written consent order in lieu of an adjudicative hearing”;
WHEREAS, Section 4-177(c) of the Connecticut General Statutes and Section 36a-1-55(a) of the Regulations of Connecticut State Agencies provides that a contested case may be resolved by consent order, unless precluded by law;
WHEREAS, Wyllins and the Commissioner now desire to resolve the matters alleged in the Notice;
WHEREAS, Wyllins agrees that the Notice may be used in construing the terms of this Consent Order and agree to the language in this Consent Order.
CONSENT TO WAIVER OF PROCEDURAL RIGHTS
WHEREAS, Wyllins, through his execution of this Consent Order, voluntarily waives the following rights:
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To be afforded an opportunity for a hearing within the meaning of Sections 36b-68(c), 36b-72(a) and 36b-72(b) of the Act and Section 4-177(a) of the Connecticut General Statutes; |
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To present evidence and argument and to otherwise avail himself of Sections 36b-68(c), 36b-72(a) and 36b-72(b) of the Act and Section 4-177c(a) of the Connecticut General Statutes; |
| 3. | To present his position in a hearing in which he is represented by counsel; |
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To have a written record of the hearing made and a written decision issued by a hearing officer; and
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To seek judicial review of, or otherwise challenge or contest the matters described herein, including the validity of this Consent Order.
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ACKNOWLEDGEMENT OF THE COMMISSIONER’S ALLEGATIONS
WHEREAS, Wyllins, through his execution of this Consent Order, acknowledges that the Commissioner alleged that Wyllins violated Section 36b-67(1) of the Act by offering and selling one unregistered refinishing business opportunity from Connecticut, without admitting or denying such allegation.
WHEREAS, the Commissioner would have the authority to enter findings of fact and conclusions of law after granting Wyllins an opportunity for a hearing;
WHEREAS, Wyllins acknowledges the possible consequences of an administrative hearing and voluntarily agrees to consent to the entry of the respective sanctions described below.
CONSENT TO ENTRY OF SANCTIONS
WHEREAS, Wyllins, through his execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing on him the following sanctions:
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The Order to Cease and Desist set forth in the Notice shall become permanent; |
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No later than the date this Consent Order is issued by the Commissioner, Wyllins shall remit to the Department of Banking, by cashier’s or certified check made payable to “Treasurer, State of Connecticut”, the sum of Four Thousand Dollars ($4,000) as an administrative fine; |
AND WHEREAS, Wyllins specifically assures the Commissioner that none of the violations alleged in the Notice shall occur in the future.
CONSENT ORDER
NOW THEREFORE, the Commissioner enters the following:
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The Sanctions set forth above be and are hereby entered; |
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Entry of this Consent Order by the Commissioner is without prejudice to the right of the Commissioner to take enforcement action against Wyllins based upon a violation of this Consent Order or the matters underlying its entry, if the Commissioner reasonably believes that compliance with the terms herein is not being observed or if any representations made by Wyllins and reflected herein are subsequently discovered to be untrue; and |
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This Consent Order resolves all allegations as described herein and shall become final when issued.
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Issued at Hartford, Connecticut
this 13th day of November 2008. ________/s/_________
Howard F. Pitkin
Banking Commissioner
CONSENT TO ENTRY OF ORDER
I, Raymond Wyllins, state that I have read the foregoing Consent Order; that I know and fully understand its contents; that I agree freely and without threat or coercion of any kind to comply with the terms and conditions stated herein; and I consent to the issuance of this Consent Order, expressly waiving any right to a hearing on the matters described herein.
________/s/_________
Name: Raymond Wyllins d/b/a
Finishmasters Refinishing
State of: CT.
County of: Hartford
On this the 6th day of November 2008, before me, Yvonne May Ford, the undersigned officer, personally appeared Raymond Wyllins, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand.
________/s/_________
Notary Public
Date Commission Expires: Sep. 30, 2011