Sec. 36a-52. Cease and desist orders.
Sec. 36a-52. Cease and desist orders. (a) Whenever it appears to the commissioner that any person has violated, is violating or is about to violate any provision of
the general statutes within the jurisdiction of the commissioner, or any regulation, rule,
or order adopted or issued thereunder, the commissioner may send a notice to such
person by registered or certified mail, return receipt requested, or by any express delivery
carrier that provides a dated delivery receipt. The notice shall be deemed received by
the person on the earlier of the date of actual receipt, or seven days after mailing or
sending. Any such notice shall include: (1) A statement of the time, place, and nature
of the hearing; (2) a statement of the legal authority and jurisdiction under which the
hearing is to be held; (3) a reference to the particular sections of the general statutes,
regulations, rules or orders alleged to have been violated; (4) a short and plain statement
of the matters asserted; and (5) a statement indicating that such person may file a written
request for a hearing on the matters asserted within fourteen days of receipt of the notice.
If a hearing is requested within the time specified in the notice, the commissioner shall
hold a hearing upon the matters asserted in the notice, unless the person fails to appear
at the hearing. After the hearing, the commissioner shall determine whether an order to
cease and desist should be issued against the person named in the notice. If the person
does not request a hearing within the time specified in the notice or fails to appear at
the hearing, the commissioner shall issue an order to cease and desist against the person.
No such order shall be issued except in accordance with the provisions of chapter 54.
(b) If the commissioner finds that the public welfare requires immediate action, the
commissioner may incorporate a finding to that effect in the notice sent in accordance
with subsection (a) of this section and issue a temporary order requiring the person to
cease and desist from the activity which constitutes such alleged violation and to take
or refrain from taking such action as in the opinion of the commissioner will effectuate
the purposes of this section. Such temporary order shall become effective on receipt
and, unless set aside or modified by a court, shall remain in effect until the effective
date of a permanent order or dismissal of the matters asserted in the notice.
(c) In the event that a party requests a continuance of the hearing and such request
is granted by the presiding officer, the commissioner, in the commissioner's discretion,
shall thereupon issue a temporary cease and desist order effective upon issuance. The
issuance of such a temporary cease and desist order does not require a finding that the
public welfare requires immediate action.
(d) Within five days of receipt of a temporary order issued pursuant to this section,
any person named therein may apply to the superior court for the judicial district of
Hartford for an injunction setting aside, limiting or suspending the enforcement, operation or effectiveness of such order pending final determination by the commissioner,
and the court shall have jurisdiction to issue such injunction.
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 94-122, S. 28, 340; P.A. 95-220, S. 4-6; P.A.
01-48, S. 10; P.A. 07-91, S. 14.)
History: P.A. 94-122 effective January 1, 1995 (Revisor's note: P.A. 88-230, P.A. 90-98 and P.A. 93-142 authorized
substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public and special acts of
the 1995 regular and special sessions, effective September 1, 1996); P.A. 95-220 changed effective date of P.A. 88-230
from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 01-48 amended Subsec. (a) by adding provision
re express delivery; P.A. 07-91 amended Subsec. (b) to allow commissioner to issue a temporary order requiring person
to take or refrain from taking such action as will effectuate purposes of section, effective June 5, 2007.
Subsec. (d):
Standards not met for issuance of temporary injunction against commissioner's temporary cease and desist order that
prohibited banks imposing surcharge on nondepositor customers for use of automated teller machines. 45 CS 566.