South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDLLR vs. Jeff Nordeen

AGENCY:
South Carolina Department of Labor, Licensing and Regulation

PARTIES:
Petitioners:
South Carolina Department of Labor, Licensing and Regulation, Residential Builders Commission

Respondents:
Jeff Nordeen
 
DOCKET NUMBER:
08-ALJ-11-0175-IJ

APPEARANCES:
n/a
 

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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