SC Administrative Law Court Decisions

This matter came before the Court pursuant to a Petition For Injunctive Relief filed by the South Carolina Residential Builders Commission. M. Kent Lesesne, Esquire, represents the Petitioner Commission in regard to this matter, with the Respondent being represented by Mr. David D. Armstrong, Esquire.

IT APPEARS that this Court has subject matter jurisdiction over this action and personal jurisdiction over all parties.

IT FURTHER APPEARS that the Parties have reached an agreed settlement, which they desire to be made an Order of this Court. It has been agreed that while Respondent contends that his actions were not willful, he admits and agrees that he violated the Commission’s Cease and Desist Order dated January 11, 2002 by entering into a contract with Mr. and Mrs. Vilcheck dated August 25, 2003 and receiving funds pursuant to that contract to perform residential construction, although he was not properly licensed as a residential builder by the Commission. Respondent consents to a permanent injunction, enjoining him from further engaging in, or offering to engage in, the business of residential building or specialty contracting in this State until such time, if ever, as he is properly licensed pursuant to S.C. Code Ann. §§ 40-59-20 and 40-59-220 (Supp.2002). As a part of this agreement, Respondent further agrees to discontinue any future advertisements in the Yellow Pages after the 2004- 2005 edition, nor shall he advertise in any other medium or otherwise hold himself out as a residential builder or specialty contractor in this State. If Respondent fails to comply with this agreement, he will be brought before this Court to determine if he should be held in willful contempt by the Court for failure to comply with this Order.

THEREFORE, IT IS HEREBY ORDERED effective immediately, that the Respondent be permanently enjoined from engaging in, offering to engage in, or advertising to engage in, the business of residential building or specialty contracting in this State as defined by S.C. Code Ann. § 40-59-20 (Supp.2002), until such time as he obtains the proper licenses required by the applicable provisions of S.C. Code Ann. § 40-59-220 (Supp. 2002). Failure to comply with this Order will result in Respondent appearing before this Court on willful contempt charges.

AND IT IS SO ORDERED.

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CAROLYN C. MATTHEWS

ADMINISTRATIVE LAW JUDGE

June 2, 2005

Columbia, South Carolina