(DRAFT PENDING BOARD DECISION)



MINUTES

STATE ELECTRICAL WORK EXAMINING BOARD

OCTOBER 14, 2005

The meeting of October 14, 2005 was called to order by Laurence A. Vallieres, Chairman, at 8:40 a.m. in Room 117 of the State Office Building, 165 Capitol Avenue, Hartford, Connecticut.

Members Present: Laurence A. Vallieres, Contractor, Chairman

Ronald Bish, Contractor

Raymond A. Turri, Contractor

Kenneth B. Leech, Journeyman

Douglas A. Reid, Journeyman

Roger L. Johnson, Jr., Journeyman

David Munsill, Journeyman

Michael Muthersbaugh, Electronic Technician

Jack B. Halpert, Public Member

Members Absent: None

Member Vacancy: Two Public Members

Board Counsel Present: None

DCP Staff Present: Nelson Leon, Board Secretary

Richard Hurlburt, Director

Anthony Santoro, Administrative Attorney

France Lee, Paralegal Specialist II

Public Present: Timothy Mikloichte Albert Brown

Leo Ouellette C. Thomas Furniss, Esq.

Carl M. Miele

Sue Johnson

Peter Childree

Robert Woytowich

Victor Mitchell

Robert Tworkowski

Patricia Torres-Leiws

Paul Costello

Note: The administrative functions of this Board are carried out by the Department of Consumer Protection, Occupational and Professional Licensing Division. For information, call Director Richard M. Hurlburt at (860) 713-6135.

REVIEW MINUTES OF PREVIOUS MEETINGS

Minutes of the September 9, 2005 meeting have not been completed as of this meeting.

CONTINUING EDUCATION WAIVER REQUEST

David W. Kapral, (E-2) Unlimited Electrical Journeyperson – Requesting an extension to take the required continuing education to renew his license due to a medical hardship.

The Board voted unanimously to deny Mr. Kapral’s request.

REQUESTING REVIEW OF CONTINUING EDUCATION COURSE OUTLINE

1. From the Inspectors Point of View

The Board voted unanimously to deny the course outline due to non-compliance with state of Connecticut regulatory requirements.

2. Tunxis Community College

The Board voted unanimously to table this matter to their next meeting for further review of the course outline.

3. Industrial Management & Training Institute

The Board voted unanimously to table this matter to their next meeting for further review of the course outline.

The Board voted unanimously to add the following matter to the agenda

2005-2006 Continuing education course application outline / DCP Continuing education audit report

The Board voted unanimously to accept the 2005-2006 continuing education course application outline and acknowledged receipt of DCP’s continuing education audit report.

The Board voted unanimously to add the following matter to the agenda

In the Matter of Carl M. Miele Docket No. 04-550

Mr. Miele appeared before the Board today and is appealing the Board’s Final Decision and Order at their 12/10/04 meeting, consisting of an Immediate Order to Discontinue, Civil Penalty in the amount of $20,500.00, and revocation of his (E-1) Unlimited Contractor license, and has offered to make an initial payment of $2,500.00 with monthly payments in the amount of $200.00.

After further discussion and input on the matter, the Board voted unanimously to deny

Mr. Miele’s appeal at today’s meeting and requested DCP send Mr. Miele a letter suggesting Mr. Miele make a more reasonable & adequate offer that is more substantial than the offer he has made at today’s meeting.

REQUEST TO WITHDRAW COMPLAINT

In the Matter of Lowe’s Companies, Inc. Docket No. 05-633

Charles Armstead Docket No. 05-634

In the Matter of Lowes Home Centers, Inc. Docket No. 05-493

Robert L. Tillman Docket No. 05-494

The Board voted unanimously to table this matter to their next meeting scheduled Friday, November 18, 2005 in order to further review all the facts concerning the matter.

COMPLAINTS

In the Matter of Albert Brown Electric, Inc. Docket No. 05-491

Albert Brown Docket No. 05-495

Steven Ray Call Docket No. 05-496

John Fredrick Bentley Docket No. 05-497

Brian Moore Docket No. 05-498

Edwin Jacob Cornelius, Jr. Docket No. 05-499

Donnie Ray Jones, Jr. Docket No. 05-500

Gary Steven Roten Docket No. 05-501

Bradley Joe Pennell Docket No. 05-502

Denver Kevin Phillips Docket No. 05-503

Tony Wade Young, Jr. Docket No. 05-504

Board Chairman Laurence A. Vallieres recused himself from participating on this matter

and appointed Roger L. Johnson, Jr. as Acting Chairman on this matter. A Formal Administrative Hearing was held today on this matter and the hearing was concluded.

Attorney Furniss appeared before the Board today on behalf of Albert Brown and

Albert Brown Electric, Inc. Albert Brown also appeared before the Board today and along

with his attorney expanded on the nature concerning this matter and summarized the activities that have taken place concerning this matter. After further discussion and input concerning this matter, the Board voted unanimously to accept a Stipulation consisting of a Cease and Desist Order and a Civil Penalty in the amount of $16,000.00. The Board voted unanimously to dismiss the matter concerning Steven Ray Call, John Fredrick Bentley,

Brian Moore, Edwin Jacob Cornelius, Jr., Donnie Ray Jones, Jr., Gary Steven Roten,

Bradley Joe Pennell, Denver Kevin Phillips, and Tony Wade Young, Jr.

In the Matter of Lakeside Electric, LLC Docket No. 05-492

Nino A. Giammarco Docket No. 05-505

Board Chairman Laurence A. Vallieres recused himself from participating on this matter

and appointed Roger L. Johnson, Jr. as Acting Chairman on this matter. A Formal Hearing was conducted today on this matter and the hearing was concluded. Mr. Giammarco

was a no-show at today’s meeting and Lakeside Electric, LLC was a no-show as well.

A Formal Administrative Hearing was held today on this matter and the hearing was concluded. After further discussion concerning this matter, the Board voted to issue an Immediate Order of Discontinuance, Civil Penalty in the amount of $26,500.00, and suspension of Mr. Giammarco’s (E-1) Unlimited Contractor license. Board member

Raymond A. Turri was opposed to the decision.

There being no further business, the meeting adjourned at 12:40 P.M.

Respectfully submitted,

Nelson Leon

Board Secretary

The next meeting is scheduled for Friday, November 18, 2005, at 8:30 A.M. in Room 117.

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