South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Bernard E. Karnap, d/b/a Karnap Builders, Inc. vs. SCDLLR

AGENCY:
South Carolina Department of Labor, Licensing and Regulation

PARTIES:
Petitioners:
Bernard E. Karnap, d/b/a Karnap Builders, Inc.

Respondents:
South Carolina Department of Labor, Licensing and Regulation, South Carolina Residential Builders Commission
 
DOCKET NUMBER:
97-ALJ-11-0661-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came to the Administrative Law Judge Division by Petition for Judicial Review (Notice of Appeal) filed by Bernard E. Karnap concerning the Order of the South Carolina Residential Builders Commission in this matter dated July 21, 1997. Appellant and the owners of the home at issue in the matter on appeal are involved in a parallel civil law suit pending in state court. The parties in the civil preceding have tentatively reached agreement on terms of settlement of that matter. Based upon this new development, the parties to the appeal have come to an agreement concerning this matter as set forth below.

1) The parties agree that the terms of the pending settlement agreement in the civil action, which include compensation of the home owners for the items at issue in the order on appeal, appear to constitute substantial compliance with that order.

2) The parties further agree that, in light of this new development, the best resolution of the matter on appeal is by a Consent Order from the Commission pursuant to which Appellants's license will be re-instated, subject to satisfaction of the annual renewal criteria required by law, conditioned upon successful execution of the pending settlement of the civil matter.



3) Accordingly, the parties consent to the remand of this matter to the jurisdiction of the commission for further action.

IT IS THEREFORE ORDERED that this matter is remanded to the jurisdiction of the Residential Builders Commission for further action by the Commission.

AND IT IS SO ORDERED.

___________________________

Ralph King Anderson, III

Administrative Law Judge

April 4, 1998

Columbia, South Carolina



WE CONSENT:



____________________________ _______________________

David H. Breen, Date

Attorney for Appellant



____________________________ _______________________

Robert M. Wood Date

Attorney for Respondent




































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