OAH 16-1902-21096-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF LABOR AND INDUSTRY

In the Matter of the Residential Building Contractor License of Jeffrey A. Florey Construction, LLC

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION

This matter came before Administrative Law Judge Manuel J. Cervantes on an Amended Statement of Charges filed by the Department of Labor and Industry (Department) on October 4, 2010. Michael J. Tostengard, Assistant Attorney General, represents the Department. Jeffrey A. Florey (Respondent) represents himself and the legal entity. The record closed on November 29, 2010.

By way of background, this matter commenced with the issuance of a Licensing Order and the imposition of a $1,000 monetary penalty, dated December 10, 2009. The Respondent timely contested the Order and penalty and the matter was set for a prehearing conference. On March 26, 2010, the Respondent appeared at the scheduled prehearing conference by telephone. The parties agreed that the matter should be continued to May 18, 2010, for a contested hearing. The Respondent failed to appear at the scheduled hearing of May 18, 2010, without explanation. The undersigned Administrative Law Judge (ALJ) granted the Department’s motion for default judgment.

By Findings of Fact, Conclusions, and Order, dated September 24, 2010, the Commissioner found deficiencies in the Department’s notice to the Respondent and rejected the undersigned ALJ’s Recommendation for default judgment.

In its letter of October 1, 2010, Amended Statement of Charges, and Affidavit of Service the Department corrected the notice deficiencies.

In his letter of October 26, 2010, the ALJ gave the Respondent 30 days, or until November 29, 2010, to contest the proposed Licensing Order and imposition of a $1,000 money penalty. The Respondent has not replied.

Based on the additional facts as stated above and the files, records and proceedings herein, the Administrative Law Judge recommends

1. That the initial ALJ’s FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS of June 9, 2010 be amended to reflect that they apply to the Residential Building Contractor License of Jeffrey A. Florey Construction, LLC; and

2. That default judgment be entered against the Residential Building Contractor License of Jeffrey A. Florey Construction, LLC.

Dated: December 15, 2010

s/Manuel J. Cervantes

MANUEL J. CERVANTES

Administrative Law Judge