STATE LICENSING BOARD FOR CONTRACTORS



STATE LICENSING BOARD FOR CONTRACTORS

RESIDENTIAL BUILDING CONTRACTORS SUBCOMMITTEE MINUTES

October 14, 2015

The regular meeting of the Residential Building Contractors Subcommittee was called to order by the Chairman, Kenneth W. Jones, on Wednesday, October 14, 2015 at 9:34 a.m. at 2525 Quail Drive, Baton Rouge, Louisiana.

Members of the Subcommittee present: Kenneth W. Jones, Chairman

Lee Mallett, Vice Chairman

Nick Castjohn

Karon “Kay” Gibson

Billy Ward

Wesley L. “Wes” Wyman, Jr.

Member Jodi Penn was absent. There being a quorum present, the regular order of business was called.

Also attending the meeting were: Michael McDuff, Executive Director; Judy Dupuy, Board Administrator; Judge Darrell White, Retired, Hearing Officer; Jennifer Sims, Board Attorney; and from the staff, Nathan Rawls, Marianne Sullivan, Bobbie Hughes, Brent Templet, Emma Payne, Elaine Riggins, John Dixon, and Terry Martin; compliance investigators, Carl Bourque, Todd Brady, Leann Evans, Bobby Abraham and Dylan Bourg; and Judy Dupuy recording the minutes.

Mr. Castjohn led the Pledge of Allegiance.

Judge Darrell White gave the invocation.

Mr. Castjohn made a motion to accept the Minutes of the September 16, 2015, Residential Building Committee Meeting, and Mr. Ward seconded. The motion passed.

Mr. McDuff introduced guests Rudy Babin and James Henry with the Department of Insurance.

NEW BUSINESS

C. INSURANCE HEARING(S):

Residential Building, Home Improvement, and Mold Remediation; General Liability & Workers’ Compensation – La. R.S. 2150–2192, 2186(B)(6), 2189(A)(7) and Rules and Regulations Sec. 1503(D)

BRH ASSET MANAGEMENT GROUP LLC and SAMARITAN’S PURSE were removed from the agenda.

Emma Payne was called to the stand and sworn in to give testimony regarding the documentation of general liability and workers’ compensation. Ms. Emma confirmed service for those entities listed on the agenda and that this was a first offense for those companies.

Bill Schultz was present on behalf of BLACKWATER CONSTRUCTION GROUP LLC and was sworn in. Mr. Schultz gave a statement affirming that there was a lapse in insurance coverage. Mr. Castjohn made a motion to suspend the license/registration back to the date of last insurance coverage, assess $250 in administrative costs, to issue a cease and desist order, to allow the staff to reissue the license/registration upon proof of workers’ compensation coverage, and to allow the staff to reinstate the license/registration upon proof of workers’ compensation coverage showing no lapse in coverage. Ms. Gibson seconded, and the motion passed unanimously.

Louis Boiteaux was present on behalf of DDA CONSTRUCTION COMPANY, INC., and was sworn in. Mr. Boiteaux gave a statement affirming that there was a lapse in Workers’ Compensation coverage. Mr. Ward made a motion to suspend the license/registration back to the date of last insurance coverage, to assess $250 in administrative costs, to issue a cease and desist order, to allow the staff to reissue the license/registration upon proof of workers’ compensation coverage, and to allow the staff to reinstate the license/registration upon proof of workers’ compensation coverage showing no lapse in coverage. Mr. Castjohn seconded, and the motion passed unanimously.

Danny Kattan was present on behalf of D K VENTURES, LLC and was sworn in. Mr. Kattan gave a statement affirming that there was a lapse in Workers’ Compensation coverage. Mr. Ward made a motion to suspend the license/registration back to the date of last insurance coverage, to issue a cease and desist order, to allow the staff to reissue the license/registration upon proof of workers’ compensation coverage, and to allow the staff to reinstate the license/registration upon proof of workers’ compensation coverage showing no lapse in coverage. Mr. Wyman seconded, and the motion passed unanimously.

Malcolm Adams was present on behalf of MALCOLM ADAMS ROOFING, LLC, and was sworn in. Mr. Adams gave a statement affirming that there was a lapse in Workers’ Compensation coverage. Mr. Ward made a motion to suspend the license/registration back to the date of last insurance coverage, assess $250 in administrative costs, to issue a cease and desist order, to allow the staff to reissue the license/registration upon proof of workers’ compensation coverage, and to allow the staff to reinstate the license/registration upon proof of workers’ compensation coverage showing no lapse in coverage. Mr. Castjohn seconded, with the stipulation that the administrative costs be waived if Malcom Adams Roofing LLC provides proof of no lapse in coverage, and the motion passed unanimously.

No one was present on behalf of ARTHAL THOMAS JR.; BOWEN CUSTOM HOMES LLC; THE BREWER CONSTRUCTION GROUP, LLC; DAVID RYAN EISELSTEIN; ECO ENTERPRISES LLC; GEORGE BECNEL; MICHAEL PHILIP PARKER; PATTIMAR, LLC; S&C HOME IMPROVEMENT, LLC; STEVEN BLAKE JOHNSON; and WILLIAM PHILLIP RICHARD. Mr. Ward made a motion to suspend the license or registration of the aforementioned companies and individuals back to the date of last insurance coverage, to issue a cease and desist order, to assess a fine of $500 plus $500 in administrative costs, to allow the staff to reissue the license/registration upon proof of insurance coverage, and to allow the staff to reinstate the license/registration upon proof of insurance coverage showing no lapse in coverage. Mr. Wyman seconded, and the motion passed.

D. COMPLIANCE HEARINGS:

1. Matters 1a and 1b were consolidated.

a) Strategic Support Corporation, Inc., New Orleans, Louisiana – La. R.S. 37:2167 (A)

Mr. Rawls gave a summary of the allegations. Greg Carter was present on behalf of Strategic Support Corporation, Inc. and was sworn in. Mr. Carter denied the allegations. Investigator Carl Bourque was called to the stand and was sworn in. Mr. Bourque reviewed the exhibit packet. Ms. Sims entered the exhibit packet into evidence and it was admitted. Mr. Carter gave a statement. Mr. Bourque gave a statement. Ms. Gibson made a motion to recess this matter until the November 18, 2015 hearing at which time the homeowners will be subpoenaed to appear. Mr. Ward seconded the motion. The motion passed with Mr. Wyman in opposition.

b) ED’s Superior Maintenance Service, LLC, New Orleans, Louisiana – La. R.S. 37:2167 (A); 37:2175.2 (A)(1)

Mr. Rawls gave a summary of the allegations. Eddie Harvey was present on behalf of Ed’s Superior Maintenance Service, LLC and was sworn in. Mr. Harvey denied the allegations. Investigator Carl Bourque reviewed the exhibit packet. Ms. Sims entered the exhibit packet into evidence and it was admitted. Mr. Harvey provided testimony. Mr. Harvey changed his denial plea to a no contest plea. Mr. Harvey gave an additional statement. Mr. Bourque gave a statement. Mr. Ward made a motion to accept the no contest plea. Mr. Castjohn seconded. The motion passed. After hearing testimony, Mr. Castjohn made a motion to issue a cease and desist order, fine Ed’s Superior Maintenance Service LLC $3000 plus $1000 in administrative costs and to allow the $3000 fine to be waived if the company obtains a license in 120 days. Mr. Wyman seconded the motion, and the motion passed.

2. Joseph Murray d/b/a J.M. Construction, Lafayette, Louisiana – La. R.S. 37:2175.2 (A)(1)

Mr. Rawls gave a summary of the allegations. No one was present on behalf of Joseph Murray D/B/A J.M. Construction. Investigator Carl Bourque, who was previously sworn in, was called to the stand. Mr. Bourque reviewed the exhibit packet. Ms. Sims entered the exhibit packet into evidence and it was admitted. Mr. Castjohn made a motion to find Joseph Murray D/B/A J.M. Construction to be in violation, to issue a cease and desist order, and to assess the maximum fine plus $1000 in administrative costs. Mr. Ward seconded the motion. The motion passed.

3. Richard Porterfield Builders, LLC, Shreveport, Louisiana – La. R.S. 37:2175.2 (A)(1)

Mr. Rawls gave a summary of the allegations. No one was present on behalf of Richard Porterfield Builders, LLC. Investigator Bobby Abraham was called to the stand and was sworn in. Mr. Abraham reviewed the exhibit packet. Ms. Sims entered the exhibit packet into evidence and it was admitted. Mr. Castjohn made a motion to find Richard Porterfield Builders LLC to be in violation, to assess the maximum fine plus $1000 in administrative costs, and to issue a cease and desist order. Mr. Ward seconded the motion. The motion passed.

4. Sinceno Construction, LLC, Kenner, Louisiana – La. R.S. 37:2175.2 (A)(1)

Mr. Rawls gave a summary of the allegations. Kevin Sinceno was present on behalf of Sinceno Construction, LLC. Mr. Sinceno was sworn in and admitted to the violation. Mr. Castjohn made a motion to accept the plea. Mr. Ward seconded the motion. The motion passed. Mr. Sinceno gave a statement. Mr. Wyman made a motion that if the company obtains a license within 120 days the previous fine owed will be waived but to uphold the $500 in administrative costs and to assess $100 in administrative costs for today’s hearing. If not, the prior fine of $3000 plus $500 in administrative costs will remain in effect. Ms.Gibson seconded the motion. The motion passed.

5. KevFab, Inc., Benton, Louisiana – La. R.S. 37:2175.2 (A)(1); 2175.3(A)(8)

Mr. Rawls gave a summary of the allegations. Kevin Wilkinson was present on behalf of KevFab, Inc. and was sworn in. Mr. Wilkinson entered a no contest plea. Mr. Castjohn made a motion to accept the plea. Mr. Wyman seconded. The motion passed. Mr. Wilkinson gave a statement. Investigator Bobby Abraham, who was previously sworn in, was called to the stand and gave a statement. Mr. Ward made a motion to fine KevFab, Inc. $2000 plus $500 in administrative costs and to allow the fine to be reduced to $500 plus $500 in administrative costs if the company obtains a license/registration in 90 days. Mr. Castjohn seconded the motion. The motion passed.

E. COMPLIANCE HEARINGS/CONTINUANCES:

1. Bill Redfern d/b/a Exterior Pressure Cleaners, Alexandria, Louisiana – La. R.S. 37:2175.2 (A)(1); 2160 (A)(2)

Mr. Rawls gave a summary of the allegations. No one was present on behalf of Bill Redfern D/B/A Exterior Pressure Cleaners. Mr. Castjohn made a motion to conduct the hearing. Mr. Wyman seconded the motion. The motion passed. Investigator Bobby Abraham, who was previously sworn in, was called to the stand and reviewed the exhibit packet. Ms. Sims entered the exhibit packet into evidence and it was admitted. Mr. Castjohn made a motion to find Bill Redfern D/B/A Exterior Pressure Cleaners to be in violation, to assess the maximum fine plus $1000 in administrative costs, and issue a cease and desist order. Mr. Wyman seconded the motion. The motion passed.

2. Green Leaf Custom Homes, LLC, Baton Rouge, Louisiana – La. R.S. 37:2158 (A)(9); 2158 (A)(3)

Mr. Rawls gave a summary of the allegations. David Albrecht was present on behalf of Green Leaf Custom Homes LLC and was sworn in. Mr. Albrecht entered a denial plea. Investigator Leann Evans was called to the stand and was sworn in. Ms. Evan reviewed the exhibit packet. Ms. Sims entered the exhibit packet into evidence and it was admitted. Ms. Evans gave a statement. Mr. Albrecht provided testimony. Homeowners Tiffany Sicard and Larry Williamson were sworn in and also provided testimony to the Board. Mr. Albrecht changed his denial plea to a no contest plea. Mr. Castjohn made a motion to accept the no contest plea. Mr. Ward seconded the motion. The motion passed. Mr. Castjohn made a motion to place this company on probation for two years, to require that Mr. Albrecht retake both the Business and Law and Residential Building Contractor exam within 60 days, to correct or enter into a plan to correct the problems cited in this hearing up to the standard originally agreed upon with the homeowners within 45 days. If there is no agreement turned into the board within the 45 days, the company will come back before the subcommittee for a hearing in December, 2015. Mr. Ward seconded the motion. The motion passed.

E. CONSIDERATION OF LICENSURE EXEMPTION(S):

Ms. Gibson made a motion to approve the exemption as listed on the agenda, and Mr. Castjohn seconded. The motion passed.

F. Consideration of new applications for residential building construction license to be approved pending as listed on the agenda. (Pages 4-6)

Ms. Gibson made a motion to approve the new residential building license applications as listed on the agenda. Mr. Castjohn seconded. The motion passed.

G. Consideration of new applications for home improvement registration as listed on the agenda. (Pages 7-8)

Ms. Gibson made a motion to approve the new home improvement registration applications as listed on the agenda, and Mr. Castjohn seconded. The motion passed.

ADJOURNMENT

Mr. Castjohn made a motion to adjourn at 12:04 a.m., and Ms. Gibson seconded. The motion passed.

_______________________________________________________________

Kenneth W. Jones, Chairman

_______________________________________________________________

Lee Mallett, Vice Chairman

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