ORDERS:
CONSENT ORDER
Pursuant
to the Petition for Injunctive Relief and for monetary sanctions filed by the
Petitioner, South Carolina Department of Labor, Licensing and Regulation
Residential Builder’s Commission, Petitioner and Jeff Nordeen, Respondent, appearing pro se, agree as follows:
1. That the Petitioner is an agency of the State of South Carolina vested
with the authority to regulate the practice of residential building and
specialty subcontracting in this State pursuant to South Carolina Code of Law §
40-59-10 et seq.
2. That Respondent is a citizen and resident of South Carolina and this
Court has subject matter jurisdiction over this cause of action. The
Respondent, Jeff Nordeen, has never held a South Carolina Residential Building
Subcontracting License. Jeff Nordeen and any and all of the companies or
business names by which Jeff Nordeen operates do not hold a current Residential
Building Specialty Subcontracting License with the State of South Carolina and
have never been licensed or registered as a Residential Building Specialty
Subcontractor in the State of South Carolina.
3. That the Respondent is contemplating applying for registration and a
license as a Residential Building Specialty Subcontractor and he understands
that he must comply with all of the requirements of the Residential Building
Commission in order to obtain the license as a Residential Building Specialty
Subcontractor in addition to the terms and conditions of this Consent Order.
4. That Respondent admits that over the past twenty years, he has engaged
in the practice of installation, alteration and repair of poured in place
concrete structures/foundations, driveways, sidewalks, and additions for
residences (e.g. footings or reinforced slabs…etc.) and that he willfully
advertised to the public under several business and individual names to perform
the work of a specialty contractor in South Carolina without the required
license that should be obtained through the Department of Labor, Licensing and
Regulations.
5. Since the receipt of the Petition herein, the Respondent has continued
to hold himself out as a specialty contractor in South Carolina in the field of
concrete work which is included as a specialty under the definition of masonry
work by the Residential Builder’s Commission pursuant to the S.C. Code of laws
and accompanying Regulations. By and through this agreement, Respondent
promises and covenants not to engage in any activities in this State which
would consist of the practice of residential building specialty contracting without
a license.
6. Accordingly, based upon the recitations above, the parties consent as
follows:
a. Respondent agrees to cease and desist in the practice of concrete work
as defined as specialty above in this State and/or hold himself out as being in
the business of any aspect of concrete work or having the capacity to perform
any aspect of concrete work in this State that requires a license until he is
able to accomplish the licensure requirements as required by the Department of
Labor, Licensing and Regulation in his particular case; and as such, Petitioner
is granted an injunction against the Respondent enjoining the Respondent from
engaging in the practice of any aspect of specialty concrete work or holding
himself out as a person or entity capable of performing any aspect of specialty
concrete work in this State until such time as he is property licensed with the
Petitioner;
b. Respondent agrees to cease and desist from practicing or advertising in
the name of himself or any other business with regard to any aspect of
specialty concrete work until or unless any such entity is properly registered
with the Secretary of State Office and until or unless he, such firm or entity
is properly licensed with the Petitioner;
c. Respondent agrees that while engaging in the unlicensed practice of
concrete/masonry work in the State of South Carolina, Edward E. Kolb, prior
customer to Respondent obtained a judgment in excess of $2,200.00 against the
Respondent and Marilyn K. Sims, former customer of Jeff Nordeen, obtained a
judgment in excess of $7,800.00 against the Respondent and the Respondent has
been served with at least three cease and desist citations and orders.
Accordingly, the Respondent agrees to pay a sanction to the Petitioner in the
amount of $1,500.00 within thirty days of the execution of this Consent
Agreement. It is provided, however, that if the Respondent satisfies the
judgments of Kolb and Sims referred to herein above within sixty (60) days of
the execution of this Order, he shall be given an additional thirty days to pay
the balance of the $1,500.00 sanction.
d. Respondent agrees that failure to meet the conditions of this Consent
Order will result in denial of Respondent’s licensure application. Upon
compliance with the terms of this agreement, the Respondent will be permitted
the privilege of applying for a license as a Residential Building Specialty
Subcontractor in this State. If the Respondent is successful in obtaining the
aforementioned license, he will be responsible for complying with all of the
applicable laws and regulations governing said practice;
e. That this Order is a public document subject to disclosure and
dissemination, including publication of the same, on the Petitioner’s website,
pursuant to the South Carolina Freedom of Information Act; and,
f. Respondent’s failure to fully comply with this Consent Order may result
in contempt proceedings before this Court which may result in additional
sanctions against the Respondent.
AND
IT IS SO ORDERED.
________________________________
John D. McLeod
S.C. Administrative
Law Judge
May 29, 2008
Columbia, South Carolina
WE SO CONSENT:
____________________________
Jeff Nordeen, Pro se
____________________________
The Connell Law Firm, LLC
Joseph N. Connell, Attorney for the Firm
P.O. Box 522
20 Townlee Lane, Suite A
Lugoff, SC 29078
(803) 408-8500
Attorney for Petitioners,
South Carolina Labor, Licensing and Regulation and
Residential Builder’s Commission
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