12-1005-15424-2
BC2300884/CC
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER OF COMMERCE
|
In the Matter of Kevin Green, doing business as ASAP Improvements
|
FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION |
The above-entitled matter came on for prehearing conference before Administrative Law Judge Steve M. Mihalchick on July 24, 2003, at 1:30 p.m. at the Office of Administrative Hearings, 100 Washington Avenue South, Minneapolis, Minnesota. Michael J. Tostengard, Assistant Attorney General, Suite 900, 445 Minnesota Street, St. Paul, Minnesota 55101-2127, appeared on behalf of the Department of Commerce ("the Department"). There was no appearance by or on behalf of Respondent Kevin Green, d/b/a ASAP Improvements. The last known address of Respondent is 4232 Grand Avenue, Duluth, MN 55807. Based upon Respondent’s failure to appear, the Department requested a Default Recommendation. The record closed in this matter upon the close of the prehearing conference on July 24, 2003.
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 Commissioner of Commerce, 85 East Seventh Street, St. Paul, Minnesota 55101, to ascertain the procedure for filing exceptions or presenting argument. Under Minn. Stat. § 14.62, subd. 2a, if the Commissioner fails to modify or reject this decision within 90 days after the close of the Commissioner’s record, the order of the Administrative Law Judge constitutes the final decision in this matter.
STATEMENT OF ISSUES
The issues in this case are whether Respondent Kevin Green, d/b/a ASAP Improvements, engaged in unlicensed residential building contractor, remodeler, or roofer activities in violation of Minn. Stat. §§ 326.84, subds. 1 and 1b and 326.842, performed negligently or in breach of contract in violation of Minn. Stat. § 326.91, subd. 1(4), violated a previously existing Cease and Desist Order in violation of Minn. Stat. § 326.91, subd. 1(5), and failed to respond to a request for information from the Department of Commerce in violation of Minn. Stat. § 45.027, subd. 1a.
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, Notice of Prehearing Conference and Statement of Charges in this matter were served upon Respondent by U.S. mail on June 13, 2003, at the last known address of Kevin Green, d/b/a ASAP Improvements.
2. The Notice of and Order for Hearing, Notice of Prehearing Conference and Statement of Charges served on Respondent contained the following informational notice in bold-face type:
If Respondent fails to attend or otherwise appear at any prehearing conference, settlement conference, or hearing in this matter without prior consent of the judge, or fails to comply with any interlocutory order of the judge 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 license may be revoked or suspended, Respondent may be censured and/or a civil penalty may be imposed against Respondent without further proceedings.
3. Respondent failed to file a Notice of Appearance with the Administrative Law Judge or make any request for a continuance or any other relief. Respondent did not appear at the prehearing conference scheduled on July 24, 2003, or have an appearance made on his behalf.
4. Because Respondent failed to appear at the hearing in this matter, Respondent is in default. Pursuant to Minn. R. 1400.6000, the allegations contained in the Notice of and Order for 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 Minnesota Department of Commerce and the Administrative Law Judge have jurisdiction over this matter pursuant to Minn. Stat. §§ 14.50, 45.027, and 326.91 (2002).
2. The Department has given proper notice of the hearing in this matter and has fulfilled all relevant substantive and procedural requirements of law and rule.
3. Respondent, having made no appearance at the hearing, and not requesting any continuance or relief, is in default. Pursuant to Minn. R. 1400.6000, the allegations contained in the Notice of and Order for Hearing are hereby taken as true.
4. Respondent Kevin Green, d/b/a ASAP Improvements, by contracting with a Cordelia Swanson to install a storm door and by offering skilled services without a license or Certificate of Exemption, engaged in unlicensed residential building contractor, remodeler, or roofer activity in violation of Minn. Stat. §§ 326.84, subds. 1 and 1b and 326.842 (2002).
5. Respondent Kevin Green, d/b/a ASAP Improvements, by failing to complete the work on the Swanson project, performed negligently or in breach of contract, in violation of Minn. Stat. § 326.91, subd. 1(4) (2002).
6. Respondent Kevin Green, d/b/a ASAP Improvements, by violating a Cease and Desist Order, violated or failed to comply with Minn. Stat. § 326.91, subd. 1(5) (2002).
7. Respondent Kevin Green, d/b/a ASAP Improvements failed to respond to the Department’s request for information or appear as ordered in violation of Minn. Stat. § 45.027, subd. 1a (2002).
8. Respondent is subject to discipline and civil penalties pursuant to Minn. Stat. §§ 45.027, subds. 6 and 7, and 326.91, subd. 1 (2002), and the imposition of sanctions is in the public interest.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the following:
RECOMMENDATION
IT IS HEREBY RESPECTFULLY RECOMMENDED that the Commissioner of Commerce take disciplinary action against Respondent and impose appropriate civil penalties.
Dated this 30th day of July 2003.
Reported: Default.
|
s/Steve M. Mihalchick |
|
STEVE M. MIHALCHICK |
|
Administrative Law Judge |
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.