5-1005-10348-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE MINNESOTA DEPARTMENT OF COMMERCE

In the Matter of the Building Contractor License of Midwest Renovations, Inc. License No. 20036411

FINDINGS OF FACT,

CONCLUSIONS AND

RECOMMENDATION

The above-entitled matter came on for hearing before Administrative Law Judge Howard L. Kaibel, Jr., of the State Office of Administrative Hearings, at 9:30 a.m. on February 20, 1996 in St. Paul, Minnesota. The record closed on February 20, 1996.

Michael A. Sindt, Assistant Attorney General, Suite 1200, 445 Minnesota Street, St. Paul, MN 55101, appeared on behalf of the Complainant, the Minnesota Department of Commerce. There was no appearance by or on the behalf of the Respondent.

NOTICE

This Report is a recommendation, not a final decision. The Commissioner will make the final decision after a review of the record which may adopt, reject or modify the Findings of Fact, Conclusions, and Recommendations contained herein. Pursuant to 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 David B. Gruenes, Commissioner, Minnesota Department of Commerce, 133 East Seventh Street, St. Paul, MN 55101, to ascertain the procedure for filing exceptions or presenting argument.

STATEMENT OF ISSUE

1. The Notice of and Order for Hearing was served upon the Respondent by certified mail on January 31, 1996.

2. The Notice of Hearing contained the following:

If Respondent fails to attend or otherwise appear at the hearing in this matter after having been served with a copy of this Order, Respondent shall be deemed in default and the allegations or issues set forth herein may be deemed proved and Respondent's residential building contractor's license number 6411 may be revoked or suspended, Respondent may be censured and/or a civil penalty may be imposed against Respondent.

3. The allegations contained in the Notice of and Order for Hearing are hereby incorporated herein by reference as facts.

Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following:

CONCLUSIONS

1. That the Notice of and Order for Hearing is in all respect proper with regard to form, content, execution and filing

2. That the Department of Commerce has fulfilled all other relevant substantive and procedural requirements of law and rule.

3. That the Department duly acquired and now has jurisdiction over this proceeding.

4. That Respondent, having made no appearance at the hearing and not requesting any continuance or other relief, is in default.

5. That pursuant to Minn. Rules, pt. 1400.6000, the allegations contained in the Notice of Hearing are hereby taken as true.

6. That Respondent has violated Minn. Stat. §§ 45.027 and 326.91.

Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:

RECOMMENDATION

IT IS HEREBY RECOMMENDED: That the Commissioner of Commerce take disciplinary action against Midwest Renovations, Inc.

Dated this 26th day of February, 1996

/s/

HOWARD L. KAIBEL, JR.

Administrative Law Judge

Reported: Default

NOTICE

Pursuant to Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail or as otherwise provided by law.

HLK