(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-655 to 36a-665, 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; (2) committed any fraud or misappropriated funds; (3) violated any of the provisions of this title or of any regulation or order adopted or issued pursuant thereto pertaining to any person or any other law or regulation applicable to the conduct of such licensee's debt adjustment business; or (4) failed to perform any agreement with a debtor.
(b) Whenever it appears to the commissioner that (1) any person has violated, is violating or is about to violate the provisions of sections 36a-655 to 36a-665, inclusive, or any regulation adopted thereunder; (2) any person is, was or would be the 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) any licensee or any control person, qualified individual, branch manager, trustee, employee or agent of such licensee has committed any fraud, misappropriated funds or failed to perform any agreement with a debtor, 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-655 to 36a-665, inclusive, from office and from employment or retention as an independent contractor in the debt adjuster 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.
(1967, P.A. 882, S. 6; P.A. 79-160, S. 3; P.A. 82-174, S. 11, 14; P.A. 94-122, S. 297, 340; P.A. 02-111, S. 42; P.A. 05-46, S. 13; P.A. 07-91, S. 23; P.A. 18-173, S. 64.)
History: P.A. 79-160 rephrased provisions, added in Subdiv. (3) ground of material error if licensee was not at time of application entitled to obtain license and remains unentitled to do so, inserted new Subdiv. (4) and renumbered former Subdivs. (4) and (5) accordingly; P.A. 82-174 replaced the provision that the commissioner may revoke or suspend a license after notice and hearing with provisions concerning the form and manner of the notice and authorizing the commissioner to revoke or suspend a license “after allowing the licensee a reasonable opportunity to be heard”; P.A. 94-122 made technical changes, effective January 1, 1995; Sec. 36-369 transferred to Sec. 36a-657 in 1995; P.A. 02-111 replaced former provisions re denial, revocation or suspension of a license by the commissioner with new provisions re suspension, revocation or refusal to renew license; P.A. 05-46 designated existing provisions as Subsec. (a) and added Subsec. (b) re commissioner's authority to impose civil penalty or issue cease and desist order against person or licensee; 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. 18-173 amended Subsec. (a) by replacing “proprietor, director, officer, member, partner, shareholder” with “control person, qualified individual, branch manager”, replacing “provisions of sections 36a-655 to 36a-665, inclusive, or any other law or regulation” with “provisions of this title or of any regulation or order adopted or issued pursuant thereto pertaining to any person or any other law or regulation”, amended Subsec. (b) by designating existing provision re person violating Secs. 36a-655 to 36a-665 as Subdiv. (1), and amending same to add reference to regulation adopted under sections, adding Subdiv. (2) re person is, was or would be cause of violation of provision of section or regulation, designating existing provisions re misappropriation of funds or failure to perform agreement as Subdiv. (3), and amended 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 and from employment or retention as an independent contractor, added Subsec. (d) re commissioner's authority to issue temporary order, and made technical changes.
Structure Connecticut General Statutes
Title 36a - The Banking Law of Connecticut
Chapter 669 - Regulated Activities
Section 36a-645. (Formerly Sec. 36-243a). - Definitions.
Section 36a-646. (Formerly Sec. 36-243b). - Prohibited acts.
Section 36a-647. (Formerly Sec. 36-243c). - Enforcement powers of commissioner. Regulations.
Section 36a-655. (Formerly Sec. 36-364). - Definitions.
Section 36a-660. (Formerly Sec. 36-375). - Licensee's duties. Written agreement required.
Section 36a-661. (Formerly Sec. 36-376). - Prohibited acts.
Section 36a-661a. - Written agreement voidable. Licensee claims for restitution.
Section 36a-662. (Formerly Sec. 36-377). - Regulations.
Section 36a-663. (Formerly Sec. 36-378). - Exceptions.
Section 36a-665. (Formerly Sec. 36-381). - Penalties.
Section 36a-671c. - Exceptions.
Section 36a-671e. - Requirements re mortgage loan originator license.
Section 36a-671f. - Prohibited practices.
Section 36a-675. (Formerly Sec. 36-416). - Short title: Connecticut Truth-in-Lending Act.
Section 36a-676. (Formerly Sec. 36-393). - Definitions.
Section 36a-677. (Formerly Sec. 36-393a). - State policy.
Section 36a-679. (Formerly Sec. 36-395). - Regulations.
Section 36a-680. (Formerly Sec. 36-398). - Effect of inconsistent law.
Section 36a-681. (Formerly Sec. 36-399). - Penalty.
Section 36a-684. (Formerly Sec. 36-414). - Enforcement. Disclosure errors and adjustments.
Section 36a-685. (Formerly Sec. 36-415). - Unenforceable agreements.
Section 36a-686. - Civil penalty. Liability.
Section 36a-695. (Formerly Sec. 36-431). - Definitions.
Section 36a-696. (Formerly Sec. 36-432). - Disclosure to consumer of information re credit report.
Section 36a-697. (Formerly Sec. 36-433). - Exceptions.
Section 36a-698. (Formerly Sec. 36-434). - Regulations.
Section 36a-699. (Formerly Sec. 36-435). - Penalty.
Section 36a-699a. - Written summary of consumer's rights.
Section 36a-699b. - Dispute by consumer re completeness or accuracy of information.
Section 36a-699c. - Procedures by credit rating agency to assure accuracy.
Section 36a-699d. - Credit report for use in credit transaction not initiated by consumer.
Section 36a-699e. - Existing consent judgment or settlement with Attorney General.
Section 36a-699f. - Blocking of information appearing on credit report as result of identity theft.
Section 36a-701. - Security freeze on credit report: Definitions.
Section 36a-701c. - Regulations.
Section 36a-705. (Formerly Sec. 36-442). - Definitions.
Section 36a-706. (Formerly Sec. 36-442a). - Mortgage rate lock-in.
Section 36a-707. (Formerly Sec. 36-442b). - Applicant's remedies.
Section 36a-708. - Prohibited acts by mortgage brokers.
Section 36a-715. (Formerly Sec. 36-442m). - Definitions.
Section 36a-716. (Formerly Sec. 36-442n). - Escrow accounts.
Section 36a-717. (Formerly Sec. 36-442o). - Penalties.
Section 36a-718. (Formerly Sec. 36-442p). - Licenses required. Exemptions.
Section 36a-719b. - Expiration of license. Application for renewal. Fees.
Section 36a-719d. - Records to be maintained by licensee.
Section 36a-719e. - Disclosure of notice and schedule of ranges and categories of costs and fees.
Section 36a-719f. - Compliance with federal laws and regulations.
Section 36a-719g. - Fee schedule. Imposition of late fee or delinquency charge.
Section 36a-719k. - Regulations.
Section 36a-719l. - Exemptions.
Section 36a-725. (Formerly Sec. 36-442aa). - Definitions.
Section 36a-726. (Formerly Sec. 36-442bb). - Disclosure required.
Section 36a-735. (Formerly Sec. 36-443). - Short title: Home Mortgage Disclosure Act.
Section 36a-736. (Formerly Sec. 36-444). - Definitions.
Section 36a-738. (Formerly Sec. 36-446). - Disclosure requirements for financial institutions.
Section 36a-739. (Formerly Sec. 36-448). - Reports by financial institutions. Filing requirements.
Section 36a-741. (Formerly Sec. 36-451). - Cease and desist order. Enforcement action.
Section 36a-743. (Formerly Sec. 36-454). - Commissioner to analyze home financing.
Section 36a-744. (Formerly Sec. 36-455). - Regulations.
Section 36a-746. - Short title: Connecticut Abusive Home Loan Lending Practices Act.
Section 36a-746a. - Definitions.
Section 36a-746b. - Disclosures.
Section 36a-746c. - Prohibited provisions in loan agreement.
Section 36a-746d. - Report of payment history.
Section 36a-746e. - Prohibited acts by lender.
Section 36a-746f. - Purchase of insurance by buyer.
Section 36a-746g. - Refund or credit of charges.
Section 36a-755. (Formerly Sec. 36-9h). - Mortgage appraisal practices. Definitions. Regulations.
Section 36a-757. (Formerly Sec. 36-9u). - Mortgage insurance requirements limited.
Section 36a-760. - Nonprime home loans: Definitions; applicability.
Section 36a-760a. - Duties of lenders and mortgage brokers relating to nonprime home loans.
Section 36a-760b. - Analysis of obligor's ability to pay.
Section 36a-760d. - Requirements for making nonprime home loans.
Section 36a-760e. - Restrictions on provisions in nonprime home loans.
Section 36a-760h. - Additional duties of mortgage brokers.
Section 36a-760i. - Court action based on lender's failure to comply with statutory requirements.
Section 36a-760j. - Prohibition against influencing real estate appraisals.
Section 36a-771. (Formerly Sec. 42-84). - General contract requirements.
Section 36a-773. (Formerly Sec. 42-86). - Insurance.
Section 36a-774. (Formerly Sec. 42-87). - Installment loan contract requirements.
Section 36a-775. (Formerly Sec. 42-88). - Confession of judgment provision invalid.
Section 36a-776. (Formerly Sec. 42-89). - Inclusion of other goods in contract void.
Section 36a-777. (Formerly Sec. 42-90). - Acknowledgment of receipt of notice and statement.
Section 36a-778. (Formerly Sec. 42-91). - Delinquency and collection charges.
Section 36a-779. (Formerly Sec. 42-92). - Assignment of contract.
Section 36a-780. (Formerly Sec. 42-93). - Payments after assignment.
Section 36a-781. (Formerly Sec. 42-94). - Statement of payments made. Receipts.
Section 36a-782. (Formerly Sec. 42-95). - Cancellation of contract on payment in full.
Section 36a-783. (Formerly Sec. 42-96). - Rebate and refund upon prepayment of contract.
Section 36a-784. (Formerly Sec. 42-97). - Renewals and extensions.
Section 36a-785. (Formerly Sec. 42-98). - Foreclosure.
Section 36a-786. (Formerly Sec. 42-99). - Recovery of charges barred by wilful violations.
Section 36a-787. (Formerly Sec. 42-100). - Penalty.
Section 36a-788. (Formerly Sec. 42-100a). - Enforcement action.
Section 36a-800. (Formerly Sec. 42-127). - Consumer collection agency. Definitions.
Section 36a-801a. - Persons engaged in business of collecting child support.
Section 36a-801b. - Collection of child support. Written agreement.
Section 36a-805. (Formerly Sec. 42-131). - Prohibited practices. Exception.
Section 36a-807. (Formerly Sec. 42-131b). - Liability.
Section 36a-808. (Formerly Sec. 42-131c). - Unfair or deceptive practices. Enforcement action.
Section 36a-809. (Formerly Sec. 42-131d). - Commissioner's powers. Regulations.
Section 36a-810. (Formerly Sec. 42-133a). - Penalty.
Section 36a-811. - Maintenance of consumer debtor and creditor records.
Section 36a-812. - Compliance with Fair Debt Collection Practices Act.
Section 36a-813. - Evidence in cause of action for purchased debt owed by consumer debtor.
Section 36a-830. - Exchange facilitator. Definitions.
Section 36a-831. - Change in control of exchange facilitator. Notification to clients.
Section 36a-832. - Fidelity bond. Deposit of exchange funds.
Section 36a-834. - Regulations. Damage claims.
Section 36a-835. - Holding and investment of exchange funds.
Section 36a-836. - Prohibited activities of exchange facilitators.
Section 36a-837. - Civil action. Notice.
Section 36a-846. - Definitions.
Section 36a-847b. - Exemptions.
Section 36a-849. - Records to be maintained by licensee.
Section 36a-850. - Prohibited activities of student loan servicers and control persons.
Section 36a-853. - Compliance with federal laws and regulations.
Section 36a-854. - Regulations.
Section 36a-855. - Action for damages, fees, costs and equitable relief. Class actions.