§ 36a-804 — (Formerly Sec. 42-129a). Suspension, revocation or refusal to renew license or taking other action. Removal from office and from employement or retention. Temporary order to cease business.

Connecticut § 36a-804

• Jurisdiction: Connecticut
• Title 36a: The Banking Law of Connecticut
• Ch. 669: Regulated Activities

Text

(a) The commissioner may suspend, revoke or refuse to renew any license or take any other action, 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-814, inclusive, or if the commissioner finds that the licensee or any control person, qualified individual, branch manager, trustee, employee or agent of such licensee has done any of the following: (1) Made any material misstatement in the application or in any filing made in connection with the license; (2) committed any fraud or misrepresentation or misappropriated funds; or (3) violated any of the provisions of this title or of any regulation or order adopted or issued pursuant thereto pertaining to any such person, or any other law or regulation applicable to the conduct of such licensee's consumer collection agency business. (b) Whenever it appears to the commissioner that (1) any person has violated, is violating or is about to violate any of the provisions of sections 36a-800 to 36a-814 , inclusive, or any regulation adopted pursuant thereto, (2) any person is, was or would be a cause of the violation of any such provision or regulation due to an act or omission such person knew or should have known would contribute to such violation, or (3) the licensee or any control person, qualified individual, branch manager, trustee, employee or agent of such licensee has committed any fraud, made any misrepresentation or misappropriated funds, the commissioner may take action against such person or licensee in accordance with sections 36a-50 and 36a-52 . (c) The commissioner may order a licensee to remove any individual conducting business under sections 36a-800 to 36a-814 , inclusive, from office and from employment or retention as an independent contractor in the consumer collection agency business in this state in accordance with section 36a-51a . (d) The commissioner may issue a temporary order to cease business under a license if the commissioner determines that such license was issued erroneously. Such temporary order shall be issued in accordance with subsection (j) of section 36a-24b .

Legislative History

(1971, P.A. 539, S. 6; 1972, P.A. 108, S. 8; P.A. 74-254, S. 8; P.A. 94-122, S. 331, 340; P.A. 02-111, S. 49; P.A. 05-46, S. 16; P.A. 07-91, S. 24; P.A. 15-235, S. 35; P.A. 18-173, S. 81.) History: 1972 act replaced superior court with court of common pleas, effective September 1, 1972, except that courts with cases pending retain jurisdiction; P.A. 74-254 replaced detailed appeal provisions with statement requiring that appeals be made in accordance with chapter 54; P.A. 94-122 replaced notice, hearing and appeal provisions with a reference to Sec. 36a-51, effective January 1, 1995; Sec. 42-129a transferred to Sec. 36a-804 in 1995; P.A. 02-111 replaced former provisions with new Subsecs. (a) and (b) re commissioner's authority to suspend, revoke or refuse to renew license and the grounds for such action and commissioner's authority re violations of Secs. 36a-800 to 36a-810; P.A. 05-46 amended Subsec. (b) to allow commissioner to impose civil penalty or issue cease and desist order against licensee or any proprietor, director, officer, member, partner, shareholder, trustee, employee or agent of such licensee who has committed fraud, made any misrepresentation or misappropriated funds; P.A. 07-91 amended Subsec. (a) to authorize commissioner to take any other action, in accordance with Sec. 36a-51, effective June 5, 2007; P.A. 15-235 changed “36a-810” to “36a-812”, effective July 7, 2015; P.A. 18-173 amended Subsec. (a) by replacing reference to Sec. 36a-812 with reference to Sec. 36a-814, replacing “proprietor, director, officer, member, partner, shareholder” with “control person, qualified individual, branch manager”, adding “or in any filing made in connection with the license” in Subdiv. (1), and replacing “provisions of sections 36a-800 to 36a-812, inclusive, or of any regulations adopted pursuant thereto, or any other law or regulation applicable to the conduct of its business” with “provisions of this title or of any regulation or order adopted or issued pursuant thereto pertaining to any such person, or any other law or regulation applicable to the conduct of such licensee's consumer collection agency business” in Subdiv. (3), amended Subsec. (b) by designating existing provisions re violations of sections as Subdiv. (1), and amending same by replacing reference to Sec. 36a-812 with reference to Sec. 36a-814, adding Subdiv. (2) re person is, was or would be cause of violation of provision of section or regulation, designating existing provision re fraud, misrepresentation or misappropriation of funds, as Subdiv. (3) and amending same by replacing “proprietor, director, officer, member, partner, shareholder” with “control person, qualified individual, branch manager”, added Subsec. (c) re commissioner's authority to order licensee to remove individual from office, employment or retention as independent contractor, and added Subsec. (d) re temporary order.