11-1002-17276-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF COMMERCE
|
In the Matter of the Debt
Collector’s License of Robin Lynn Davis, License No. 20044731. |
FINDINGS OF FACT,
CONCLUSIONS, AND RECOMMENDATION |
The above-entitled matter
came on for a prehearing conference before Administrative Law Judge Barbara L.
Neilson on June 28, 2006, at 1:30 p.m. at the Office of Administrative Hearings
in
This
Report is a recommendation, not a final decision. The Commissioner of Commerce will make the
final decision after a review of the record.
The Commissioner may adopt, reject or modify the Findings of Fact,
Conclusions, and Recommendations. Under
Minn. Stat. § 14.61, the final decision of the Commissioner shall not be made
until this Report has been made available to the parties to the proceeding for
at least ten days. An opportunity must
be afforded to each party adversely affected by this Report to file exceptions
and present argument to the Commissioner.
Parties should contact the office of Kevin Murphy, Deputy Commissioner
of Commerce,
If the
Commissioner fails to issue a final decision within 90 days of the close of the
record, this report will constitute the final agency decision under Minn. Stat.
§ 14.62, subd. 2a. The record closes
upon the filing of exceptions to the report and the presentation of argument to
the Commissioner, or upon the expiration of the deadline for doing so. The Commissioner must notify the parties and
the Administrative Law Judge of the date on which the record closes.
STATEMENT OF ISSUES
The
issues presented in this case are whether the Respondent, Robin Lynn Davis,
while performing collection services for Pinnacle Finance Group, made three
personal bill payments utilizing the credit card and checking account numbers
of three different Pinnacle debtors, and thereby falsely obtained financial
information from debtors and used that information to make personal bill
payments in violation of Minn. Stat. § 332.37(3), and demonstrated
untrustworthiness in violation of Minn. Stat. § 45.027, subd. 7 (2004);
and, if so, whether the Respondent’s debt collector license should be subject
to discipline and whether the Respondent should be subject to censure and/or a
civil penalty pursuant to Minn. Stat. §§ 45.027, subds. 6 – 7.
Based upon all of the proceedings herein, the
Administrative Law Judge makes the following:
FINDINGS OF FACT
1. The Notice of and Order for
Hearing, Order for Prehearing Conference, Order to Show Cause, and Statement of
Charges (“Notice of Hearing”) initiating this contested case proceeding was
served on the Respondent, Robin Lynn Davis, via first class mail on May 11,
2006, at the following addresses: 15244
40th Avenue North, Plymouth, MN
55446, and 3455 Lyndale Avenue North, Minneapolis, MN 55411.[1]
2. The Notice of Hearing set a
prehearing conference for June 28, 2006, at 1:30 p.m.[2]
3. The Notice of Hearing
contained the following language:
Respondent’s
failure to appear at the prehearing conference may result in a finding that
Respondent is in default, that the Department’s allegations contained in the
Statement of Charges may be accepted as true, and that its proposed
disciplinary action may be upheld.[3]
4. The Respondent did not file
a notice of appearance or make any request prior to the June 28, 2006,
prehearing conference for a continuance or any other relief. No one appeared at the prehearing conference
on June 28, 2006, on behalf of the Respondent.
5. Because the Respondent
failed to appear at the prehearing conference in this matter, she is in
default.
6. Pursuant to Minn. Rules
part 1400.6000, the allegations contained in the Notice of Hearing are hereby
taken as true and incorporated into these Findings of Fact.
Based upon the foregoing Findings of
Fact, the Administrative Law Judge makes the following:
CONCLUSIONS
1. The Administrative Law
Judge and the Commissioner of Commerce have jurisdiction over this matter pursuant
to Minn. Stat. §§ 14.50 and 45.027.
2. The Notice of Hearing
issued by the Department was proper and the Department has fulfilled all
relevant substantive and procedural requirements of law and rule.
3. The Respondent, having made
no appearance at the prehearing conference, and not requesting any continuance
or relief, is in default. Pursuant to
Minn. Rules part 1400.6000, the allegations contained in the Notice of Hearing
are hereby taken as true.
4. By making three personal
bill payments utilizing the credit card and checking account numbers of three
different debtors the Respondent obtained in the course of representing
Pinnacle Finance Group as a debt collector, the Respondent has violated Minn.
Stat. §§ 332.37(3) and 45.027, subd. 7 (2004).
The Respondent’s license is subject to discipline and the Respondent is
subject to censure and/or civil penalties pursuant to Minn. Stat. §§ 45.027,
subds. 6 – 7. The imposition of
sanctions is in the public interest.
Based upon the foregoing Conclusions, the Administrative
Law Judge makes the following:
IT IS HEREBY RECOMMENDED
that the Commissioner of Commerce discipline the debt collector license held by
the Respondent, Robin Lynn Davis, and/or impose an appropriate civil penalty
against the Respondent.
Dated: June
29, 2006
|
/s/ Barbara L. Neilson |
|
BARBARA L. NEILSON |
|
Administrative Law Judge |
Reported:
Default.