Sec. 36a-801. (Formerly Sec. 42-127a). License required. Application, issuance, renewal. Examination of records. Automatic suspension of license or renewal license. Notice. Opportunity for hearing.
Sec. 36a-801. (Formerly Sec. 42-127a). License required. Application, issuance, renewal. Examination of records. Automatic suspension of license or renewal
license. Notice. Opportunity for hearing. (a) No person shall act within this state as
a consumer collection agency without a consumer collection agency license. A consumer
collection agency is acting within this state if it (1) has its place of business located
within this state; (2) has its place of business located outside this state and collects from
consumer debtors or property tax debtors who reside within this state for creditors who
are located within this state; (3) has its place of business located outside this state and
regularly collects from consumer debtors or property tax debtors who reside within this
state for creditors who are located outside this state; or (4) has its place of business
located outside this state and is engaged in the business of collecting child support
for creditors located within this state from consumer debtors who are located outside
this state.
(b) (1) Any person desiring to act within this state as a consumer collection agency
shall make a written application to the commissioner for such license in such form as
the commissioner prescribes. Such application shall be accompanied by (A) a financial
statement prepared by a certified public accountant or a public accountant, the accuracy
of which is sworn to under oath before a notary public by the proprietor, a general partner
or a corporate officer or a member duly authorized to execute such documents, (B) a
license fee of eight hundred dollars, or in the case of an initial application that is filed
not earlier than one year before the date such license will expire, a license fee of four
hundred dollars, and (C) an investigation fee of one hundred dollars. The commissioner
shall cause to be made such inquiry and examination as to the qualifications of each such
applicant as the commissioner deems necessary. Each applicant shall furnish satisfactory
evidence to the commissioner that the applicant is a person of good moral character and
is financially responsible. If the commissioner is satisfied that such applicant is in all
respects properly qualified and trustworthy and that the granting of such license is not
against the public interest, the commissioner may issue to such applicant a license, in
such form as the commissioner may adopt, to act within this state as a consumer collection agency. Any such license issued by the commissioner shall expire at the close of
business on September thirtieth of the odd-numbered year following its issuance, unless
such license is renewed, provided any license that is renewed effective May 1, 2003,
shall expire on September 30, 2005. The commissioner may renew such application, in
the commissioner's discretion, upon filing of a proper renewal application accompanied
by a license fee of eight hundred dollars, or in the case of an application for renewal of
a license that expires on April 30, 2003, a license fee of one thousand dollars, and
satisfactory proof that such applicant at that time possesses the required qualifications
for the license. Such renewal application shall be filed with the commissioner on or
before September first of the year in which the license expires, or in the case of a license
that expires on April 30, 2003, on or before April 1, 2003. Any renewal application filed
with the commissioner after September first, or in the case of a license that expires on
April 30, 2003, after April 1, 2003, shall be accompanied by a one-hundred-dollar late
fee and any such filing shall be deemed to be timely and sufficient for purposes of
subsection (b) of section 4-182. Whenever an application for a license, other than a
renewal application, is filed under sections 36a-800 to 36a-810, inclusive, by any person
who was a licensee under said sections 36a-800 to 36a-810, inclusive, and whose license
expired less than sixty days prior to the date such application was filed, such application
shall be accompanied by a one-hundred-dollar processing fee in addition to the application fee. To further the enforcement of this section and to determine the eligibility of
any person holding a license, the commissioner may, as often as the commissioner deems
necessary, examine the licensee's books and records, and may, at any time, require the
licensee to submit such a financial statement for the examination of the commissioner,
so that the commissioner may determine whether the licensee is financially responsible
to carry on a consumer collection agency business within the intents and purposes of
sections 36a-800 to 36a-810, inclusive. Any financial statement submitted by a licensee
shall be confidential and shall not be a public record unless introduced in evidence at
a hearing conducted by the commissioner. The applicant or licensee shall notify the
commissioner, in writing, of any change in the information provided in its initial application for license or most recent renewal application for such license, as applicable, not
later than ten business days after the occurrence of the event that results in such information becoming inaccurate.
(2) If the commissioner determines that a check filed with the commissioner to pay
a fee under subdivision (1) of this subsection has been dishonored, the commissioner
shall automatically suspend the license or a renewal license that has been issued but
is not yet effective. The commissioner shall give the licensee notice of the automatic
suspension pending proceedings for revocation or refusal to renew and an opportunity
for a hearing on such actions in accordance with section 36a-51.
(3) No abatement of the license fee shall be made if the license is surrendered,
revoked or suspended prior to the expiration of the period for which it was issued. All
fees required by this section shall be nonrefundable.
(c) No person licensed to act within this state as a consumer collection agency shall
do so under any other name or at any other place of business than that named in the
license. Any change of location of a place of business of a licensee shall require prior
written notice to the commissioner. Not more than one place of business shall be maintained under the same license but the commissioner may issue more than one license
to the same licensee upon compliance with the provisions of sections 36a-800 to 36a-810, inclusive, as to each new licensee. A license shall not be transferable or assignable.
Any licensee holding, applying for, or seeking renewal of more than one license may,
at its option, file the bond required under section 36a-802 separately for each place of
business licensed, or to be licensed, or a single bond, naming each place of business, in
an amount equal to five thousand dollars for each place of business.
(1971, P.A. 539, S. 2, 3; P.A. 73-284; 73-328; 73-341; P.A. 81-292, S. 12; P.A. 88-150, S. 9; P.A. 92-89, S. 17, 20;
P.A. 93-127, S. 2, 3; P.A. 94-104, S. 6; 94-122, S. 329, 340; P.A. 96-71, S. 7, 8; P.A. 01-207, S. 4, 12; P.A. 02-111, S. 47;
P.A. 04-69, S. 30; P.A. 05-46, S. 15; 05-74, S. 5; P.A. 06-35, S. 11.)
History: P.A. 73-284 required that financial statements be "prepared" rather than "certified" by accountant and required
that their accuracy be sworn to by proprietor, general partner or corporate officer in Subsec. (b); P.A. 73-328 defined acting
within state with regard to consumer collection agencies in Subsec. (a); P.A. 73-341 added Subsec. (c); P.A. 81-292
amended Subsec. (b) by increasing the license fee from $100 to $200 and the renewal fee from $50 to $200; P.A. 88-150
amended Subsec. (b) by providing that license and investigation fees are nonrefundable; P.A. 92-89 amended Subsec. (b)
to increase the license fee from $200 to $400, to increase the investigation fee from $50 to $100 and to increase the renewal
fee from $200 to $400; P.A. 93-127 amended Subsec. (a) by substituting "who are" for "whose place of business is",
effective July 1, 1993; P.A. 94-104 changed the license expiration date from May first to April thirtieth, made April first
the renewal application deadline and added a $100 late fee in Subsec. (a), and made technical changes; P.A. 94-122 made
technical changes, effective January 1, 1995; Sec. 42-127a transferred to Sec. 36a-801 in 1995; P.A. 96-71 amended
Subsec. (b) to make technical changes and to add Subdiv. (2) to make all fees required by this section nonrefundable,
effective July 1, 1996; P.A. 01-207 amended Subsec. (a) to add Subdiv. (4) defining acting within state re consumer
collection agencies to include having its place of business located outside this state and engaging in the business of collecting
child support for creditors located within this state from consumer debtors located outside this state, effective July 1, 2001;
P.A. 02-111 amended Subsec. (a) by replacing provision re holding a license then in force with provision re consumer
collection agency license and adding references to "property tax debtors", amended Subsec. (b) by adding reference to "a
member" in Subdiv. (1)(A), by providing that license fee is $800 or, in the case of initial application filed not earlier than
one year before the expiration date of license, fee is $400 in Subdiv. (1)(B), by adding provisions re expiration of license
at the close of business on September thirtieth of the odd-numbered year following its issuance, renewal fee of $800 and
exceptions for license, renewed effective May 1, 2003, and licenses that expire on April 30, 2003, and by adding provision
re $100 processing fee and amended Subsec. (c) by adding provisions re prior written notice to commissioner of any change
of location of a place of business and re license shall not be transferable or assignable; P.A. 04-69 amended Subsec. (b)
by adding new Subdiv. (2), requiring commissioner to automatically suspend license or renewal license if commissioner
determines that a check filed to pay fee has been dishonored and requiring commissioner to give notice of the automatic
suspension pending proceedings for revocation or refusal to renew and an opportunity for a hearing in accordance with
Sec. 36a-51, and redesignating existing Subdiv. (2) as Subdiv. (3); P.A. 05-46 amended Subsec. (b)(1) to make a technical
change and provide that renewal application for licensees filed with commissioner after September first, accompanied by
late fee, shall be deemed to be timely and sufficient for purposes of Sec. 4-182(b); P.A. 05-74 amended Subsec. (c) to
make a technical change, effective June 2, 2005; P.A. 06-35 amended Subsec. (b)(1) to require applicants or licensees to
notify commissioner, in writing, of any changes in information in initial or most recent renewal application for license
within ten business days after occurrence of event that results in information becoming inaccurate.