House Bill No. 5278
House Bill No. 5278
PUBLIC ACT NO. 98-161
AN ACT CONCERNING THE CONNECTICUT BUSINESS
OPPORTUNITY INVESTMENT ACT.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 36b-68 of the general statutes, as
amended by section 13 of public act 97-22, is
repealed and the following is substituted in lieu
thereof:
(a) The commissioner may issue a stop order
denying effectiveness to, or suspending or
revoking the effectiveness of, any business
opportunity registration if he finds: (1) That
such order is in the public interest; (2) that
such order is necessary for the protection of
purchaser-investors or prospective
purchaser-investors; (3) that the registration of
the business opportunity is incomplete in any
material respect BUT IS NOT ABANDONED PURSUANT TO
SUBSECTION (e) OF THIS SECTION or contains any
statement which was, in the light of the
circumstances under which it was made, false or
misleading with respect to any material fact; or
(4) that any provision of sections 36b-60 to
36b-80, inclusive, as amended by [this act] PUBLIC
ACT 97-22, or any regulation, order or condition
lawfully adopted, issued or imposed under said
sections has been wilfully violated by any person.
(b) The commissioner may by order summarily
postpone or suspend the effectiveness of the
registration of a business opportunity pending
final determination of any proceeding under this
section. Upon the entry of such order, said
commissioner shall promptly notify the registrant
or applicant of the business opportunity that it
has been entered and of the reasons for such entry
and that within fifteen days after receipt by said
commissioner of a written request the matter will
be set down for a hearing. If no hearing is
requested and none is ordered by the commissioner,
such order will remain in effect until modified or
vacated by said commissioner. If a hearing is
requested, said commissioner may modify or vacate
such order or extend it until final determination.
(c) No stop order may be entered under this
section except as provided in subsection (b) of
this section without: (1) Appropriate prior notice
to the applicant or registrant of a business
opportunity; (2) opportunity for a hearing; and
(3) the issuance of written findings of fact and
conclusions of law by the commissioner.
(d) The commissioner may vacate or modify a
stop order if he finds that the conditions which
prompted its entry have changed or that it is
otherwise in the public interest to do so.
(e) NOTWITHSTANDING THE PROVISIONS OF THIS
SECTION, THE COMMISSIONER MAY DEEM AN APPLICATION
FOR REGISTRATION OF ANY BUSINESS OPPORTUNITY TO BE
ABANDONED IF THE APPLICANT FAILS TO RESPOND TO ANY
REQUEST FOR INFORMATION REQUIRED UNDER SECTIONS
36b-60 TO 36b-80, INCLUSIVE, AS AMENDED, OR ANY
REGULATIONS ADOPTED PURSUANT TO SAID SECTIONS. THE
COMMISSIONER SHALL NOTIFY THE APPLICANT IN WRITING
THAT IF SUCH INFORMATION IS NOT SUBMITTED WITHIN
SIXTY DAYS OF SUCH WRITTEN NOTIFICATION, THE
APPLICATION SHALL BE DEEMED ABANDONED. ANY
REGISTRATION FEE PAID PRIOR TO THE DATE AN
APPLICATION IS DEEMED ABANDONED PURSUANT TO THIS
SUBSECTION SHALL NOT BE REFUNDED. ABANDONMENT OF
AN APPLICATION PURSUANT TO THIS SUBSECTION SHALL
NOT PRECLUDE THE APPLICANT FROM SUBMITTING A NEW
APPLICATION FOR REGISTRATION UNDER THIS CHAPTER.
THE HEARING REQUIREMENT IN SUBSECTION (c) OF THIS
SECTION SHALL NOT APPLY TO ABANDONMENT PURSUANT TO
THIS SUBSECTION.
Approved June 4, 1998