11-1902-17424-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF LABOR AND INDUSTRY
|
In the
Matter of Kabanuk Contracting, Inc. |
FINDINGS OF
FACT, CONCLUSIONS, AND RECOMMENDATION |
The above-entitled matter came on for
hearing before Administrative Law Judge Barbara L. Neilson on January 9, 2007,
at 9:30 a.m. at the Office of Administrative Hearings in
STATEMENT OF ISSUES
The
issues presented in this case are whether the Respondent, Kabanuk Contracting,
Inc., failed to finish projects for three homeowners, improperly completed two
roofing jobs, charged a homeowner for roofing permit that was never obtained,
failed to return a down payment, failed to obtain a building permit on one
roofing project, failed to obtain final inspections on two projects, and failed
to respond to the Department’s requests for information; and, if so, whether
the Respondent violated Minn. Stat. §§ 45.027 and 326.91 and Minn. Rules part
2891.0040, subp. 1H, by performing in breach of contract, demonstrating
incompetence and untrustworthiness, engaging in fraudulent, deceptive, or
dishonest practices, and failing to respond to the Department’s requests for
information. If so, the further issue is
whether the Respondent should be subject to disciplinary action and/or a civil
penalty pursuant to Minn. Stat. §§ 45.027, subd. 7, and 326.91, subd. 1
(2006).
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, and Statement of
Charges (“Notice of Hearing”) initiating this contested case proceeding was
served on the Respondent Kabanuk Contracting, Inc., P.O. Box 209, 43890 Ginger
Avenue, Harris, MN 55032 and Kenneth Alan Kabanuk, 1100 Flintwood Street South,
Isanti, MN 55040, on August 7, 2006.[1]
2. The Notice of
Hearing set a prehearing conference for September 22, 2006, at 1:30 p.m.[2]
3.
Kenneth Kabanuk appeared at the prehearing conference on
September 22, 2006, and participated in discussions of potential hearing dates
in this matter. The parties agreed that
the hearing would be held on January 9, 2007, commencing at 9:30 a.m. The administrative law judge sent a written
First Prehearing Order to the parties on September 22, 2006, confirming that
hearing date.
4.
No one appeared at the hearing on January 9, 2007, on behalf
of the Respondent. The Respondent did
not make any request prior to the January 9, 2007, hearing for a continuance or
any other relief.
5.
Because the Respondent failed to appear at the hearing in
this matter, he is in default.
6.
Pursuant to Minn. Rules part 1400.6000 (2005), 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 the
Department of Labor and Industry have jurisdiction over this matter pursuant to
Minn. Stat. §§ 14.50, 45.027, and 326.91 (2006).
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 hearing,
and not requesting any continuance or other relief, is in default. Pursuant to Minn. Rules part 1400.6000
(2005), the allegations contained in the Notice of Hearing are hereby taken as
true.
4.
By failing to finish projects for three homeowners,
improperly completing two roofing jobs, charging a homeowner for roofing permit
that was never obtained, failing to return a down payment, failing to obtain a
building permit on one roofing project, failing to obtain final inspections on
two projects, and failing to respond to the Department’s requests for
information, the Respondent has performed in breach of contract, demonstrated
incompetence and untrustworthiness, engaged in fraudulent, deceptive, or
dishonest practices, and failed to provide the Department with information in
violation of Minn. Stat. §§ 45.027 and 326.91 (2006) and Minn. Rules part
2891.0040, subp. 1(H) (2005).
5.
The Respondent is subject to discipline and/or a civil
penalty pursuant to Minn. Stat. §§ 45.027, subd. 7, and 326.91, subd. 1
(2006). 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
Labor and Industry impose discipline and/or an appropriate civil penalty
against the Respondent, Kabanuk Contracting, Inc.
Dated: January 18, 2007
|
s/Barbara
L. Neilson |
|
BARBARA
L. NEILSON |
|
Administrative
Law Judge |
Reported: Default.
This Report is a recommendation, not
a final decision. The Commissioner of
Labor and Industry 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 the Commissioner of Labor and Industry,
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.