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. Judy Gilbert, d/b/a JG Home Improvements, (Unlicensed)

AGENCY:
South Carolina Department of Labor, Licensing and Regulation

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

Respondents:
Judy Gilbert, d/b/a JG Home Improvements, (Unlicensed)
 
DOCKET NUMBER:
08-ALJ-11-0430-IJ

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

Pursuant to the Petition for Injunctive Relief and for monetary sanctions filed by the Petitioners, South Carolina Department of Labor, Licensing and Regulation and the State Residential Builders Commission, the parties hereby agree as follows:

  1. That Petitioner is an agency of the State of South Carolina vested with the authority to regulate the practice of residential building in this state, through the South Carolina Residential Builders Commission (hereinafter “Commission”) pursuant to SC Code of Laws §40-59-20 et. seq.
  2. That Respondent is a citizen and resident of South Carolina and/or has engaged in the unlawful practice of residential building in this state as will be further detailed below and as such, is subject to this Court’s jurisdiction; further, pursuant to SC Code of Laws §1-23-630 this Court has subject matter jurisdiction over this cause of action.
  3. On or about May 2, 2006, the Commission sent Respondent, via certified mail return receipt requested, a citation and an Order to Cease and Desist from the unlicensed practice of residential building in this state.
  4. Since the issuance of the citation and Cease and Desist Order of March 7, 2006, the Respondent has continued to engage in the unlicensed practice of residential building in this state in violation of the Cease and Desist Order.

That accordingly, based upon the recitations above, the parties consent as follows:

  1. Respondent agrees to cease and desist from the practice of residential building, residential specialty contracting, and/or home inspection in this state and further agrees to cease and desist from holding herself out as a residential builder and/or a residential specialty contractor, and/or a home inspector in this State until such time, if ever, that she becomes licensed to engage in said practice; and
  2. The Respondent agrees to pay a fine in the amount of one thousand ($1,000.00) dollars to the petitioner within ninety (90) days of the execution of this Consent Agreement; and
  3. Respondent agrees to this Court granting an injunction against the Respondent, without the necessity of a hearing, enjoining him from engaging in the practice of or holding herself out as a residential builder, specialty contractor, and/or a home inspector in this State until such time, if ever, that she is properly licensed with the Petitioner; and
  4. Respondent understands and agrees that this Consent Agreement applies to her individually and to any ficticious name that she may use; and
  5. Respondent understands and agrees that this Consent Agreement is a public document subject to disclosure and dissemination pursuant to the SC Freedom of Information Act, to include, publication of the same on Petitioner’s website; and
  6. Respondent enters into this Consent Agreement freely, voluntarily, and knowingly; and
  7. Respondent understands and agrees that failure to comply with this Consent Agreement may result in contempt proceedings before this Court which may result in imposition of a ten thousand ($10,000.00) dollar fine and other such relief that may be appropriate.

AND IT IS SO ORDERED.

_________________________________

The Honorable Carolyn C. Matthews

Administrative Law Judge

January 26, 2009

WE SO CONSENT:

____________________________

Judy Gilbert, Respondent

____________________________

Richard W. Vieth, Attorney for Respondent

____________________________

Christa T. Bell, Attorney for Petitioners


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