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:
- 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.
- 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.
- 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.
- 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:
- 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 himself 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 he becomes licensed to engage in said
practice; and
- 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
- 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 he is properly
licensed with the Petitioner; and
- Respondent understands and agrees
that this Consent Agreement applies to her individually and to any fictitious
name that she may use; and
- 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
- Respondent enters into this
Consent Agreement freely, voluntarily, and knowingly; and
- 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:
____________________________
Calvin Lloyd Gilbert, Respondent
____________________________
Richard W. Vieth, Attorney for Respondent
____________________________
Christa T. Bell, Attorney for Petitioners
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