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BOARD FOR CONTRACTORS BOARD MEETING

DRAFT MINUTES

The Board for Contractors met on Tuesday, May 19, 2009 at the Department of Professional and Occupational Regulation (DPOR), 9960 Mayland Drive, Richmond, Virginia. The members indicated below were present. Each of the other members present was qualified to vote, except where a specific reason for disqualification is stated. There are 13 members on this board, in which seven constitutes a quorum pursuant to §54.1-1102.

Robert Kirby, Chairman Michael Redifer, Vice Chairman Dorothy Wood Jeffrey Modisett Kenneth Hart, Jack Miller William Rusher Troy Smith, Jr. Homer C. Pete Sumpter Deborah Lynn Tomlin A. Bruce Williams Wyatt H. Walton, III Board Member absent from the meeting was: Mark Cronin.

Staff members present for all or part of the meeting were:

Jay W. DeBoer, Director Eric L. Olson, Executive Director Mark Courtney, Deputy Director, LRD Karen Bullock, Administrative Assistant Earlyne Perkins, Legal Analyst Victoria Traylor, Legal Analyst Jill Richardson, Licensing & Education Administrator Sheila Watkins, Administrative Assistant Adrienne Mayo, Regulatory Boards Administrator Ava Lewis, Vice Chairman, Manufactured Housing Board Steven Jack, Assistant Attorney General

Chairman, Robert Kirby called the meeting to order at 9:07 a.m. and declared a quorum of board members was in attendance.

Call To Order

A motion was made by Mr. Sumpter and seconded by Mr. Redifer to approve the agenda. The motion passed unanimously. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

Approval of the Agenda

Mr. Redifer moved to approve the following minutes as submitted from the: April 21, 2009, Board for Contractors Meeting April 1, 2009, Informal Fact Finding Conference April 17, 2009, Informal Fact Finding Conference April 21, 2009, Informal Fact Finding Conference April 23, 2009, Informal Fact Finding Conference Mr. Sumpter seconded the motion and it was unanimously approved by members: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

Approval of Minutes

There was no public comment.

Public Comment Period

In the matter of Recovery Fund File Number 2009-00757, John Ricciardi (Claimant) vs. Wesley Christopher Robinson, t/a C & L Home Improvements (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. John Ricciardi, t/a C & L Home Improvements (Regulant) did not appear at the board meeting. Mr. Hollar, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Mr. Redifer and seconded by Mr. Modisett to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $4,298.00. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Wa lton Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

File Number 2009-00757 John Ricciardi vs. Wesley Christopher Robinson t/a C & L Home Improvements

Board for Contractors Meeting Minutes DRAFT May 19, 2009 of 90

In the matter of Recovery Fund File Number 2009-00218, Nguyen & Ting Ting Chow (Claimants) vs. Kook Hwan Suh Ace Home Improvement (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. Kook Hwan Suh Ace Home Improvement (Regulant) did not appear at the board meeting. Nguyen and Ting Ting Chow (Claimants) attended the Board meeting. Mr. Hollar, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Mr. Redifer and seconded by Mr. Williams to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $20,000.00. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Wa lton Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

File Number 2009-00218 Nguyen & Ting Ting Chow vs. Kook Hwan Suh Home Improvement

In the matter of Recovery Fund File Number 2009-02211, Arthur B. and Carol E. Harris (Claimants) vs. House Pros, Inc. (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. House Pros, Inc. (Regulant) did not appear at the board meeting. Joseph Lassiter attorney for Arthur and Carol Harri s (Claimant) attended the Board meeting. He addressed the Board. Mr. Hollar, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Mr. Sumpter and seconded by Mr. Williams to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $14,713.58. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

File Number 2009-02211 Arthur B. and Carol E Harris vs. House Pros, Inc.

In the matter of Recovery Fund File Number 2009-01982, Sheila Small-Robinson (Claimants) vs. D & S General Contracting (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. D & S General Contracting (Regulant) did not appear at the board meeting. Sheila Small-Robinson (Claimant) did not attend the Board meeting. Mr. Hollar, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote.

File Number 2009-01982 Sheila Small-Robinson vs D & S General Contracting


After discussion, a motion was made by Mr. Hart and seconded by Mr. Walton to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $12,295.00. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin , Williams and Wood. Cronin was absent. In the matter of Recovery Fund File Number 2009-01915, Shirley Jones (Claimants) vs. Dunamis, Inc. (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. Dunamis, Inc. (Regulant) did not appear at the board meeting. Shirley Jones and her attorney, Ira Steingold (Claimant) attended the Board meeting. Steingold addressed the Board. Mr. Hollar, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Mr. Walton and seconded by Mr. Hart to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $16,734.00. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin , Williams and Wood. Cronin was absent.

File Number 2009-01915 Shirley Jones vs. Dunamis, Inc.

In the matter of Recovery Fund File Number 2009-01385, Penny Goad (Claimants) vs. Jose Mendoza t/a Mendoza and Mendoza (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. Jose Mendoza t/a Mendoza and Mendoza (Regulant) did not appear at the board meeting. Penny Goad (Claimants) attended the Board meeting. She addressed the Board. Mr. Hollar, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was offered by Mr. Williams to pay $3,375.00 to the claimant. The motion failed due to lack of a second. After further discussion, a motion was made by Mr. Sumpter and seconded by Ms. Wood to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $1,875.00. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin,

File Number 2009-01385 Penny Goad vs. Jose Mendoza t/a Mendoza and Mendoza


Williams and Wood. Cronin was absent. In the matter of Recovery Fund File Number 2009-01488, David Ryals (Claimants) vs. Michael Pritchet, t/a HMS Contracting (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. Michael Pritchet t/a HMS Contracting (Regulant) did not appear at the board meeting. David Ryals (Claimants) did not attend the Board meeting. Mr. Hollar, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Ms. Wood and seconded by Mr. Sumpter to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $9,537.00. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin , Williams and Wood. Cronin was absent.

File Number 2009-01488 David Ryals vs. Michael Pritchet t/a HMS Contracting

In the matter of Recovery Fund File Number 2009-01385, Michael Puccio (Claimant) vs. David Eddings, t/a Unlimited Construction (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. David Eddings, t/a Unlimited Construction (Regulant) did not appear at the board meeting. Michael Puccio (Claimant) did not attend the Board meeting. Mr. Hollar, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Ms. Wood and seconded by Mr. Sumpter to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $6,460.00. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin , Williams and Wood. Cronin was absent.

File Number 2009-01385 Michael Puccio vs. David Eddings, t/a Unlimited Construction

In the matter of Recovery Fund File Number 2009-01227, David Nichols (Claimants) vs. Millennium Quests, Inc. t/a American Dream Consultants (Regulant); the board reviewed the record, which consisted of the claim file, transcript

File Number 2009-01227 David Nichols vs.


and exhibits from the IFF, and the summary and recommendation. Millennium Quests, Inc. t/a American Dream Consultants (Regulant) did not appear at the board meeting. Phillip Boardman attorney for David Nichols (Claimants) attended the Board meeting. He addressed the Board. Mr. Hollar, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Mr. Redifer and seconded by Mr. Sumpter to remand the case back for an Informal Fact Finding Conference. The motion passed by majority vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Smith, Sumpter, Tomlin, Williams. Members voting “no” were: Walton and Wood. The vote passed with 10 yes and 2 no. Cronin was absent.

Millennium Quests, Inc. t/a American Dream Consultants

In the matter of Recovery Fund File Number 2009-01135, Jennifer Sherwood (Claimant) vs. JTC Builders, Inc. (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. JTC Builders, Inc. (Regulant) did not appear at the board meeting. Jennifer Sherwood (Claimant) did not attend the Board meeting. Mr. Hollar, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Ms. Wood and seconded by Mr. Sumpter to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $12,588.00. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin , Williams and Wood. Cronin was absent.

File Number 2009-01135 Jennifer Sherwood vs. JTC Builders, Inc.

In the matter of Recovery Fund File Number 2009-00949, Rufina Reyman & Jeffrey May (Claimant) vs. James Therrien (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. James Therrien (Regulant) did not appear at the board meeting. Jeffrey Flax, attorney for Rufina Reyman & Jeffrey May (Claimants) attended the Board meeting. He addressed the Board. Mr. Redifer, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote.

File Number 2009-00949 Rufina Reyman & Jeffrey May vs James Therrien


After discussion, a motion was made by Ms. Wood and seconded by Mr. Williams to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $20,000.00. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton Smith, Sumpter, Tomlin, William s and Wood. Cronin was absent. In the matter of Recovery Fund File Number 2009-00930, Rose Alexander (Claimant) vs. Country Wide Developers (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. Country Wide Developers (Regulant) did not appear at the board meeting. Lee Artz for Rose Alexander (Claimant) attended the Board meeting. He addressed the Board. Mr. Redifer, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Ms. Wood and seconded by Mr. Sumpter to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $20,000.00. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton Smith, Sumpter, Tomlin, William s and Wood. Cronin was absent.

File Number 2009-00930 Rose Alexander vs. Country Wide Developers

In the matter of Recovery Fund File Number 2009-00901, Mark & Beverly Jeanette Mabie (Claimants) vs. Sergent & Co. General Contractors LLC (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. Sergent & Co. General Contractors LLC (Regulant) did not appear at the board meeting. Mark & Beverly Jeanette Mabie (Claimants) attended the Board meeting. They addressed the Board. Mr. Redifer, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Mr. Sumpter and seconded by Ms. Wood to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $6,140.50. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton Smith, Sumpter, Tomlin, William s and Wood.

File Number 2009-00901 Mark & Beverly Jeanette Mabie vs. Sergent & Co. General Contractors LLC


Cronin was absent. In the matter of Recovery Fund File Number 2009-00809, Lisha Miller (Claimant) vs. Valley Mechannical of Warren, Inc. t/a John Hensley, Jr. Construction (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. Valley Mechannical of Warren, Inc., t/a John Hensley, Jr. Construction (Regulant) did not appear at the board meeting. Ralph Rinaldi for Lisha Miller (Claimant) attended the Board meeting. He addressed the Board. Mr. Redifer, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Ms. Wood and seconded by Mr. Williams to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $20,000.00. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton Smith, Sumpter, Tomlin, William s and Wood. Cronin was absent.

File Number 2009-00809 Lisha Miller vs. Valley Mechannical of Warren, Inc. t/a John Hensley, Jr. Construction

In the matter of Recovery Fund File Number 2008-04311, Debra McClenny (Claimant) vs. A-Mass Inc, (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. A-Mass Inc, (Regulant) did not appear at the board meeting. Debra McClenny (Claimant) attended the Board meeting. She addressed the Board. Mr. Redifer, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Mr. Smith and seconded by Mr. Sumpter to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $20,000.00. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton Smith, Sumpter, Tomlin, William s and Wood. Cronin was absent.

File Number 2008-04311 Debra McClenny vs. A-Mass Inc.

In the matter of Recovery Fund File Number 2009-00696, Edward Kelly (Claimant) vs. Kyle Gene Proffitt, t/a KPS Brilliant Decks (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. Kyle Gene Proffitt, t/a KPS Brilliant Decks (Regulant) did not appear at the board meeting. Edward Kelley (Claimant) did

File Number 2009-00696 Edward Kelly vs Kyle Gene Proffitt t/a KPS Brilliant


not attend the Board meeting. Mr. Redifer, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Mr. Modisett and seconded by Ms. Wood to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $6,781.00. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton Smith, Sumpter, Tomlin, William s and Wood. Cronin was absent.

Decks

In the matter of Recovery Fund File Number 2008-04891, Steven Hardy (Claimant) vs. Daniel Miller, t/a J & B Home Improvement (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. Daniel Miller, t/a J & B Home Improvement (Regulant) did not appear at the board meeting. Steven Hardy (Claimant) did not attend the Board meeting. Mr. Redifer, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Ms. Wood and seconded by Mr. Sumpter to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $19,651.00. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton Smith, Sumpter, Tomlin, William s and Wood. Cronin was absent.

File Number 2008-04891 Steven Hardy vs Daniel Miller, Jr. t/a J & B Home Improvement

In the matter of Recovery Fund File Number 2008-04617, Robert Marszalkowski (Claimant) vs. Ana Hhinestroza, t/a A & G General Contractors (Regulant); the board reviewed the record, which consisted of the claim file, transcript and exhibits from the IFF, and the summary and recommendation. Ana Hhinestroza, t/a A & G General Contractors (Regulant) did not appear at the board meeting. Robert Marszalkowski (Claimant) did not attend the Board meeting. Mr. Redifer, the Board’s Hearing Representative was not present and did not participate during the discussion or the vote. After discussion, a motion was made by Ms. Wood and seconded by Mr. Sumpter to adopt the claim review and the hearing officer’s recommendations and summary for violations and approve the claim for payment in the amount of $3,540.00. The motion

File Number 2008-04617 Robert Marszalkowski vs Ana Hhinestroza t/a A & G General Contractors


passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin , Williams and Wood. Cronin was absent. In the matter of License Application File Number 2009-0262, John Hicks t/a J.O.H. Windows Siding Trim, the Board members reviewed the record, which consisted of the application file, transcript, exhibits, and Summary of the Informal Fact-Finding Conference. Applicant John Hicks, t/a J.O.H. Windows Siding Trim appeared at the IFF. He did not attend the Board meeting. Mrs. Perkins shared with the Board that a correction needed to be made to the summary, in the 8th paragraph it should read “On March 10, 2006” instead of May 10, 2006. The presiding Board representative Ms. Brigil was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Williams and seconded by Mr . Smith to adopt the recommendation contained in the Summary with the identified amendment of the Informal Fact-Finding Conference and deny the license as recommended. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

File Number 2009-02662 John Hicks t/a J.O.H. Windows Siding Trim

In the matter of License Application File Number 2009-02664, Gary D Bradley, the Board members reviewed the record, which consisted of the application file, transcript, exhibits, and Summary of the Informal Fact-Finding Conference. Applicant Gary D. Bradley appeared at the IFF and the Board meeting. Mr. Bradley shared his agreement with the recommendation. The presiding Board representative Ms. Brigil was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Walton and seconded by Mr . Williams to adopt the recommendation contained in the Summary of the Informal Fact-Finding Conference and grant the license. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Wal ton Smith, Sumpter, Tomlin, Williams and Wood.

File Number 2009-02664 Gary D Bradley


Cronin was absent. In the matter of License Application File Number 2009-02666, Gabriel Bruce Francis t/a Francis Electric, the Board members reviewed the record, which consisted of the application file, transcript, exhibits, and Summary of the Informal Fact-Finding Conference. Applicant Gabriel Bruce Francis t/a Francis Electric appeared at the IFF and the Board meeting. Gabriel Bruce Francis shared his agreement with the recommendation. The presiding Board representative Ms. Brigil was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mr . Modisett to adopt the recommendation contained in the Summary of the Informal Fact-Finding Conference and grant a license. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Wal ton Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

File Number 2009-02666 Gabriel Bruce Francis t/a Francis Electric

In the matter of License Application File Number 2009-02768, Gareath Mangrum, the Board members reviewed the record, which consisted of the application file, transcript, exhibits, and Summary of the Informal Fact-Finding Conference. Applicant Gareath Mangrum appeared at the IFF and the Board meeting. Gareath Mangrum shared his agreement with the recommendation. The presiding Board representative Ms. Brigil was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mr . Walton to adopt the recommendation contained in the Summary of the Informal Fact-Finding Conference and grant a license. The motion passed by majority vote. Members voting “Yes” were: Miller, Modisett, Rusher, Redifer, Smith, Sumpter, Tomlin, Williams and Wood. Members voting “no” were: Walton, Hart, and Kirby. The vote was three “no” and nine “yes”. Cronin was absent.

File Number 2009-02768 Gareath Mangrum


In the matter of License Application File Number 2009-02779, William Riffle, the Board members reviewed the record, which consisted of the application file, transcript, exhibits, and Summary of the Informal Fact-Finding Conference. Applicant William Riffle appeared at the IFF. He did not attend the Board meeting. The presiding Board representative Ms. Brigil was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mr . Rusher to adopt the recommendation contained in the Summary of the Informal Fact-Finding Conference and grant a license. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Wal ton Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

File Number 2009-02779 William Riffle

In the matter of License Application File Number 2009-02780, Herbert Humphrey t/a Breezee Contractor, the Board members reviewed the record, which consisted of the application file, transcript, exhibits, and Summary of the Informal Fact-Finding Conference. Applicant Herbert Humphrey t/a Breezee Contractor appeared at the IFF and the Board meeting. Marsha Humphrey also attended the Board Meeting. Mr. Humphrey shared his agreement with the recommendation. The presiding Board representative Ms. Brigil was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mr . Williams to adopt the recommendation contained in the Summary of the Informal Fact-Finding Conference and grant a license. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Wal ton Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

File Number 2009-02780 Herbert Humphrey t/a Breezee Contractor

In the matter of License Application File Number 2009-02986, Ronald Anderson t/a Anderson’s Painting & Sandblasting, the Board members reviewed the record, which consisted of the application file, transcript, exhibits, and Summary of the Informal Fact-Finding Conference. Applicant Ronald Anderson t/a Anderson’s Painting & Sandblasting appeared at the IFF and the Board meeting. Ronald Anderson shared his agreement with the

File Number 2009-02986 Ronald Anderson t/a Anderson’s Painting & Sandblasting


recommendation. The presiding Board representative Ms. Brigil was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr . Sumpter to adopt the recommendation contained in the Summary of the Informal Fact-Finding Conference and grant a license. The motion passed by majority vote. Members voting “Yes” were: Miller, Rusher, Hart, Walton Smith, Sumpter, Tomlin , and Wood. Members voting “no” were: Modisett, Kirby, Williams and Redifer. The motion passed with a Yes vote of 8 and a No vote of 4. Cronin was absent. In the matter of License Application File Number 2009-02987, Nathaniel March t/a Hired Hands, the Board members reviewed the record, which consisted of the application file, transcript, exhibits, and Summary of the Informal Fact-Finding Conference. Applicant Nathaniel March t/a Hired Hands appeared at the IFF and the Board meeting. Nathaniel March shared his agreement with the recommendation. The presiding Board representative Ms. Brigil was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Ms. Wood and seconded by Mr . Williams to adopt the recommendation contained in the Summary of the Informal Fact-Finding Conference and deny a license based on apparent lack of rehabilitative effort of the applicant. The motion passed by majority vote. Members voting “Yes” were: Miller, Rusher, Hart, Kirby, Walton Smith, Sumpter, William s and Wood. Members voting “No” were: Modisett, Tomlin, and Redifer. The motion passed with a vote of 9 Yes and 3 No. Cronin was absent.

File Number 2009-02987 Nathaniel March t/a Hired Hands

In the matter of License Application File Number 2009-02989, On Call Contractors, the Board members reviewed the record, which consisted of the application file, transcript, exhibits, and Summary of the Informal Fact-Finding Conference. Applicant Danny D Green t/a On Call Contractor appeared at the IFF and the Board meeting. Danny D Green shared his disagreement with the recommendation.

File Number 2009-02989 On Call Contractors


The presiding Board representative Ms. Brigil was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mr . Hart to adopt the recommendation contained in the Summary of the Informal Fact-Finding Conference and deny a license. The motion failed by a “Yes” vote of 5 and a “No” vote of 7. Members voting “Yes” were: Sumpter, Hart, Kirby, Miller and Wood. Members voting “no” were: Modisett, Smith, Rusher, Redifer, Tomlin, Walton and Williams. After further discussion a motion was made by Mr. Redifer and seconded by Mr. Williams to grant a conditional license based on Mr. Green not receiving any convictions other than moving traffic violation. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. In the matter of License Application File Number 2009-03183, Bryant Ramsey t/a Tri City Renovations, the Board members reviewed the record, which consisted of the application file, transcript, exhibits, and Summary of the Informal Fact-Finding Conference. Applicant Bryant Ramsey t/a Tri City Renovations appeared at the IFF and the Board meeting. Bryant Ramsey shared his agreement with the recommendation. Mrs. Perkins shared with the Board that the following needed to be corrected in the summary: in number 1, 4th paragraph it should read “On January 30, 2008” and not 2003. The presiding Board representative Ms. Brigil was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mrs . Wood to amend the recommendation contained in the Summary of the Informal Fact-Finding Conference and amend the summary to reflect the correction as noted and grant a license. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

File Number 2009-03183 Bryant Ramsey t/a Tri City Renovations

In the matter of License Application File Number 2009-03184, The King’s Men LLC, the Board members reviewed the record, which consisted of the application file,

File Number 2009-03184


transcript, exhibits, and Summary of the Informal Fact-Finding Conference. Applicant Carl Wilson on behalf of The King’s Men LLC appeared at the IFF and the Board meeting. Carl Wilson shared his agreement with the recommendation. The presiding Board representative Ms. Brigil was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Walton and seconded by Mrs . Wood to adopt the recommendation contained in the Summary of the Informal Fact-Finding Conference and grant a conditional license. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

The King’s Men LLC

In the matter of License Application File Number 2009-03186, David Selby, Sr., the Board members reviewed the record, which consisted of the application file, transcript, exhibits, and Summary of the Informal Fact-Finding Conference. Applicant David Selby, Sr. appeared at the IFF and the Board meeting. David Selby, Sr. shared his agreement with the recommendation. The presiding Board representative Ms. Brigil was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mrs . Wood to adopt the recommendation contained in the Summary of the Informal Fact-Finding Conference and grant a license. The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Wal ton Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

File Number 2009-03186 David Selby, Sr.

In the matter of License Application File Number 2009-03188, Ascending Dove Service and Repair, LLC, the Board members reviewed the record, which consisted of the application file, transcript, exhibits, and Summary of the Informal Fact-Finding Conference. Applicant Ascending Dove Service and Repair, LLC appeared at the IFF and the Board meeting. Brian Scott Black shared his agreement with the recommendation. The presiding Board representative Ms. Brigil was not present, did not participate in the discussion and did not vote.

File Number 2009-03188 Ascending Dove Service and Repair, LLC


After discussion, a motion was made by Mr . Rusher and seconded by Mr . Miller to adopt the recommendation contained in the Summary of the Informal Fact-Finding Conference and grant a license. The motion passed by majority vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Wal ton Smith, Sumpter, Tomlin, Williams and Wood. Members voting “no” are: Wood, Walton and Kirby. The motion passed with a vote of 3 “no” and 9 “yes”. Cronin was absent. In the matter of License Application File Number 2009-03583, JAD Contracting Corporation, the Board members reviewed the record, which consisted of the application file, transcript, exhibits, and Summary of the Informal Fact-Finding Conference. Applicant Joseph Durso for JAD Contracting Corporation appeared at the IFF and the Board meeting. Joseph Durso for JAD Contracting Corporation addressed the Board. The presiding Board representative Ms. Brigil was not present, did not participate in the discussion and did not vote. Mrs. Perkins shared with the Board that reconvened transcript-referenced the April Board for Contractor meeting as April 27th and it should be April 21st. After discussion, a motion was made by Mr . Hart and seconded by Mr . Redifer to adopt the recommendation contained in the Summary of the Informal Fact-Finding Conference and grant a conditional Class B Contractor License with the correction as noted above. Within the terms of the agreement, to become effective July 1, 2009 to grant 60 days to start making his first payment. See agreement for additional term details. The motion passed by majority vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer, Smith, Tomlin, and Wi lliams. Members voting “no” were: Walton, Sumpter and Wood. Cronin was absent.

File Number 2009-03583 JAD Contracting Corporation

The Board recessed 10 minutes and then reconvened.

Recess and Reconvene


In the matter of Disciplinary File Number 2007-01300, Alfred M Jordon, Jr., t/a A Z Construction (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Alfred M Jordon (Respondent) appeared at the IFF. Dottie Sacra, on behalf of Joe Sacra, Jr. Construction, Inc. appeared at the Board meeting and shared her disagreement with the recommendations. Joseph A Cassie (Complainant) participated at the IFF. Joseph A Cassie attended the meeting and addressed the Board. The presiding Board representatives Mr. Redifer and Mr. Walton were not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Hart and seconded by Mr. Sumpter to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Alfred M Jordon Jr. t/a A Z Construction, violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260.B 8 Count 2: 18 VAC 50-22-260 B 14 Count 3: 18 VAC 50-22-260 B 28 Count 4: 18 VAC 50-22-260 B 13

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mr. Williams and seconded by Mr. Sumpter to impose the following sanctions: Count 1: $350.00 Count 2: $2,000.00 Count 3: $2,000.00 Count 4: $1,350.00 Total $5,700.00 In addition, for violation of Count 1, the Board requires A Z Construction have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days. The Board imposed revocation of license for the violation of Count 2, 3 and 4.

File Number 2007-01300 Alfred M Jordon Jr. t/a A Z Construction


The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-02365, Fairfax Windows & Siding Company (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Michael Kayne for Fairfax Windows & Siding Company (Respondent) nor anyone on its behalf appeared at the IFF or the Board meeting. The presiding Board representatives Mrs. Perkins shared with the Board that priors exist. Mr. Redifer was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mrs . Wood and seconded by Mr. Williams to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Fairfax Windows & Siding Company., violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260.B 13

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mrs. Wood and seconded by Mr. Sumpter to impose the following sanctions: Count 1: $1,350.00 Total $1,350.00 In addition, for violation of Count 1, the Board requires Fairfax Windows & Siding Company have a member of Responsible

File Number 2009-02365 Fairfax Windows & Siding Company


Management successfully complete a Board-approved remedial education class within 90 (ninety) days. The Board imposes revocation of license for the violation of the regulation.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-01941, Enterprise Equity LLC, t/a 5 Start Contractors (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Enterprise Equity, t/a 5 Start Contractors (Respondent) nor anyone on his behalf appeared at the IFF or the Board meeting. The presiding Board representative Mr. Redifer was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mrs . Wood and seconded by Mr. Sumpter to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Enterprise Equity LLC violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 2 Count 2: 18 VAC 50-22-230 B

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mrs. Wood and seconded by Mr. Sumpter to impose the following sanctions: Count 1: $500.00 Count 2: $350.00

File Number 2009-01941 Enterprise Equity LLC, t/a 5 Start Contractors


Total $850.00 In addition, for violation of Count 2, the Board imposed required successful completion of a Board-approved remedial education class within 90 days of the order. The Board further imposed revocation of license number 2705-115078.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-00354, Old Wood Ltd (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Derek Rosser attorney for Old Wood Ltd (Respondent) appeared at the IFF and the Board meeting. He addressed the Board. The presiding Board representative Mr. Redifer and Mr. Rusher were not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Ms. Wood to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Old Wood Ltd violated the following sections of its Regulations: Effective January 1, 2003

Count 1: 18 VAC 50-22-260 B 10 Count 2: 18 VAC 50-22-260 B 31 Count 3: 18 VAC 50-22-260 B 5 Count 4: 18 VAC 50-22-260 B 25

The motion passed by unanimous vote. Members voting “yes” were: Miller, Hart, Kirby, Walton Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. Modisett recused himself. After discussion a motion was offered by Mr. Sumpter to impose the sanctions as recommended. It failed due to lack of a second.

File Number 2009-00354 Old Wood Ltd


After further discussion a motion was made by Mr. W alton and seconded by Ms. Wood to impose the following sanctions: Count 1: $350.00 Count 2: $350.00 Count 3: $500.00 Instead of $1,500 Count 4: $500.00 Instead of $1,500

based on argument heard

Total $1,700.00 In addition, for violation of Count 1 through 4, the Board imposed required that a member of Responsible Management successfully complete a Board-approved remedial education class within 90 days.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Rusher, Hart, Kirby, Redifer, Walton Smith, Sumpter, Tomlin , Williams and Wood. Cronin was absent. Modisett recused himself. In the matter of Disciplinary File Number 2009-00318, Fairfax windows & Siding Company (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Fairfax Windows & Sidings Company (Respondent) appeared at the IFF, but not the Board meeting. The presiding Board representative Mr. Redifer was not present, did not participate in the discussion and did not vote. Mrs. Perkins shared with the Board that a correction needed to be made. In the Summary the sanctions for Count 4 were listed twice and one of them needed to be removed. After discussion, a motion was made by Mrs . Wood and seconded by Mrs. Tomlin to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and amend (based on the information shared by Mrs. Perkins to remove one of the sanctions in Count 4) and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Fairfax Windows & Siding Company violated the following sections of its Regulations:

File Number 2009-00318 Fairfax Windows & Siding Company


Effective September 1, 2001

Count 1: 18 VAC 50-22-230 A Count 2: 18 VAC 50-22-260 B 9 Eff: February 1, 2006 Count 3: 18 VAC 50-22-260 B 8 September 1, 2001 Count 4: 18 VAC 50-22-260 B 15 September 1, 2001 Count 5: 18 VAC 50-22-260 B 29 September 1, 2001 Count 6: 18 VAC 50-22-260 B 12 September 1, 2001

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mr. Modisett and seconded by Mr. Hart to impose the following sanctions: Count 1: $350.00 Count 2: $350.00 Count 3: $350.00 Count 4: $1,500.00 Count 5: $500.00 Count 6: $750.00 Total $3,800.00 In addition, for violation of Counts 1, 2, 3 and 5, the Board requires Fairfax Windows & Siding Company have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days. In addition, for violation of Counts 4 and 6, the Board imposed revocation of license number 2705-030631.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2008-04508, Atlas Construction Group LLC (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Atlas Construction Group LLC (Respondent) nor anyone on its behalf appeared at the IFF or the Board meeting.

File Number 2008-04508 Atlas Construction Group LLC


The presiding Board representatives Mr. Redifer and Mrs. Wood were not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mr. Williams to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Atlas Construction Group LLC violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-220 A Count 2: 18 VAC 50-22-260 B 5 Count 3: 18 VAC 50-22-260 B 6 Count 4: 18 VAC 50-22-260 B 28

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, and Williams. Cronin was absent. After discussion a motion was made by Mr. Sumpter and seconded by Mr. Hart to impose the following sanctions: Count 1: $500.00 Count 2: $2,000.00 Count 3: $500.00 Count 4: $2,500.00 Total $5, 050.00 In addition, for violation of Counts 1 and 3, the Board requires Atlas Construction Group LLC have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days. In addition, for violation of Counts 2 and 4, the Board imposed revocation of license number 2705-112679.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, and Williams.


Cronin was absent. In the matter of Disciplinary File Number 2009-03045, Christopher Wayne Stacy, t/a Stacy Construction (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Christopher Wayne Stacy, t/a Stacy Construction (Respondent) nor anyone on its behalf appeared at the IFF. The presiding Board representative Mr. Smith was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mr. Hart to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Christopher Wayne Stacy violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 13 The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Redifer, Wood, Sumpter, Tomlin, and Williams. Cronin was absent. After discussion a motion was made by Mr. Sumpter and seconded by Mr. Hart to impose the following sanctions: Count 1: $500.00 Total $500.00 In addition, for violation of Count 1, the Board requires Christopher Wayne Stacy have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Redifer, Wood Sumpter, Tomlin, and Williams.

File Number 2009-03045 Christopher Wayne Stacy, t/a Stacy Construction


Cronin was absent. In the matter of Disciplinary File Number 2009-03035, Lamberts Home Repair, Inc. (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Billy Wayne Lambert for Lamberts Home Repair, Inc. (Respondent) appeared at the IFF, but not the Board meeting. The presiding Board representative Mr. Smith was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mrs . Wood and seconded by Mr. Modisett to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Lamberts Home Repair, Inc. violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 13 The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Redifer, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mr. Redifer and seconded by Mrs. Wood to impose the following sanctions: Count 1: $500.00 Total $500.00 In addition, for violation of the above counts, Lamberts Home Repair Inc agrees to have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 days of the order.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Redifer, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

File Number 2009-03035 Lamberts Home Repair, Inc.


In the matter of Disciplinary File Number 2009-02959, James W Marsh, t/a Marsh & Crew/advantage Home Builder (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither James W Marsh, t/a Marsh & Crew/advantage Home Builder (Respondent) nor anyone on its behalf appeared at the IFF or the Board meeting. The presiding Board representative Mr. Smith was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mrs. Wood to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that James W Marsh violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 13 The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Redifer, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mrs. Wood and seconded by Mr. Sumpter to impose the following sanctions: Count 1: $500.00 Total $500.00 In addition, for violation of Count 1, the Board requires James W Marsh have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Redifer, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

File Number 2009-02959 James W Marsh, t/a Marsh & Crew/advantage Home Builder


In the matter of Disciplinary File Number 2009-00288, Lamberts Home Repair, Inc. (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Lamberts Home Repair, Inc. (Respondent) appeared at the IFF, but not the Board meeting. The presiding Board representative Mr. Smith was not present, did not participate in the discussion and did not vote. Mrs. Perkins shared with the Board that Mr. Smith’s name needed to appear in the Summary as the Board’s Hearing Representative. After discussion, a motion was made by Mr . Sumpter and seconded by Ms. Tomlin to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and to amend the Summary with the addition of Mr. Smith’s name as the Board’s representative Hearing Officer and license revocation for counts two and three; adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Lamberts Home Repair, Inc. violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 27 Count 2: 18 VAC 50-22-260 B 15 Count 3: 18 VAC 50-22-260 B 16

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Redifer, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mr. Sumpter and seconded by Mrs. Wood to impose the following sanctions adding revocation of license due to the seriousness of the violations and in consideration of previous action taken by the Board in similar violations: Count 1: $650.00 Count 2: $1,700.00

File Number 2009-00288 Lamberts Home Repair Inc


Count 3: $1,950.00 Total $4,300.00 In addition, for violation of the above counts 1 and 2, Lamberts Home Repair Inc. agrees to have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 days of the order. In addition, for violation of Count 2 and 3, the Board imposed revocation of license number 2705-065007.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Redifer, Sumpter, Tomlin, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-00217, James Christopher Maloney, t/a The James River Co (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither James Christopher Maloney t/a The James River Co (Respondent) nor anyone on his behalf appeared at the IFF or the Board meeting. Jody T Barry, (Complainant) appeared at the IFF but not the Board meeting. The presiding Board representative Mr. Smith was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mrs. Wood to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that James Christopher Maloney violated the following sections of its Regulations: Effective February 1, 2001

Count 1: 18 VAC 50-22-230 A Count 2: 18 VAC 50-22-260 B 31 Count 3: 18 VAC 50-22-260 B 6 Two violations Count 4:

18 VAC 50-22-260 B 28 Three violations

Count 5: 18 VAC 50-22-230 B

File Number 2009-00217 James Christopher Maloney, t/a The James River Co


The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Redifer, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mr. Redifer and seconded by Mrs. Wood to impose the following sanctions: Count 1: $250.00 Count 2: $800.00 Count 3: $2,000.00 2@ $1,000.00

each Count 4: $4,000.00 2@ $2,000.00

each Count 4: $1,000.00 1@ $1,000.00 Count 5: $850.00 Total $8,900.00 In addition, for violation of the above counts 1, 2 and 3 and 5, James Christopher Maloney agrees to have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 days of the order. In addition, for violation of Count 4, the Board imposed revocation of license number 2705-075394.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Redifer, Sumpter, Tomlin, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2008-04588, Brenda Tabris, t/a Powell Tile (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Brenda Tabris, t/a Powell Tile (Respondent) nor anyone on its behalf appeared at the IFF or the Board meeting. The presiding Board representative Mr. Smith was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mr. Redifer to adopt the Report of Findings which contains the facts regarding the regulatory and or

File Number 2008-04588 Brenda Tabris, t/a Powell Tile


statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Brenda Tabris violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-230 A Count 2: 18 VAC 50-22-260 B 9 February 1, 2006 Count 3: 18 VAC 50-22-260 B 16 September 1, 2001

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, and Williams. Cronin was absent. After discussion a motion was made by Mr. Sumpter and seconded by Mr. Hart to impose the following sanctions: Count 1: $350.00 Count 2: $600.00 Count 3: $2,500.00 Total $3, 450.00 In addition, for violation of Counts 1 and 2, the Board requires Brenda Tabris have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days. In addition, for violation of Count 3, the Board imposed revocation of license number 2705-105541.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Redifer, Sumpter, Tomlin, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-02956, Richard Stafford t/a Home Improvement Contractor (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Richard Stafford (Respondent) appeared at the Board meeting. He addressed the Board and requested

File Number 2009-02956 Richard Stafford t/a Home Improvement


the case be remanded to an Informal Fact-Finding Conference. The presiding Board representative Mr. Smith was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mrs. Wood to refer this case back to an IFF because of concerns regarding the receipt of the notice. Address was verified as 8082 Martins Creek Road, Roanoke, VA 24018. The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent.

Contractor

In the matter of Disciplinary File Number 2009-02663, TMG Painting & Construction Inc (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. TMG Painting & Construction Inc (Respondent) appeared at the IFF, but not the Board meeting. The presiding Board representative Mr. Smith was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Hart and seconded by Mr. Williams to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that TMG Painting violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 13

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Redifer, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mr. Miller and seconded by Mr. Rusher to impose the following sanctions:

File Number 2009-02663 TMG Painting & Construction Inc


Count 1: $1,350.00 Total $1,350.00 In addition, the Board imposed revocation of license number 2705-111351.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Redifer, Sumpter, Tomlin, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2008-04029, Appalachian Home Improvement Inc, t/a Appalachian Home Improvement (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Appalachian Home Improvement Inc, t/a Appalachian Home Improvement. (Respondent) did not appear at the IFF or the Board meeting. The presiding Board representative Mr. Smith was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Hart to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Appalachian Home Improvement Inc. violated the following sections of its Regulations: Effective September 1, 2001


The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Redifer, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mr. Redifer and seconded by Mr. Hart to impose the following sanctions:

File Number 2008-04029 Appalachian Home Improvement Inc, t/a Appalachian Home Improvement


Count 1: $1,000.00 Count 2: $850.00 Total $1,850.00 In addition, for violation of Counts 1 and 2, the Board requires Appalachian Home Improvement Inc have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-02958, Scott Bradon, t/a J & B Construction (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Scott Bradon, t/a J & B Construction (Respondent), nor anyone on its behalf appeared at the IFF or the Board meeting. The presiding Board representative Ms. Wall was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Modisett and seconded by Mr. Sumpter to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Scott Braden violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 13 The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Redifer, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mr. Modisett and seconded by Mr. Sumpter to impose the following sanctions:

File Number 2009-02958 Scott Bradon, t/a J & B Construction



The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Redifer, Sumpter, Tomlin, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-02645, Blackmon Construction Home Improvement Inc, t/a Blackmon Construction Company (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Blackmon Construction Home Improvement Inc, t/a Blackmon Construction Company, (Respondent), did not attend the IFF, or the Board meeting. The presiding Board representative Mr. Williams was not present, did not participate in the discussion and did not vote. Mrs. Perkins shared with the Board that this Company has priors. After discussion, a motion was made by Mrs . Wood and seconded by Mr. Sumpter to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Blackmon Construction Home Improvement Inc violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 13 The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. After discussion a motion was made by Mrs. Wood and seconded by Mr. Sumpter to impose the following sanctions:

File Number 2009-02645 Blackmon Construction Home Improvement Inc, t/a Blackmon Construction Company



The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-00229, Scott Bradon, t/a J & B Construction (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Scott Bradon, t/a J & B Construction (Respondent), nor anyone on his behalf appeared at the IFF or the Board meeting. Kevin Aebischer (Complainant) was present and he addressed the Board. The presiding Board representative Mrs. Wall was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Walton and seconded by Mrs. Wood to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Scott Bradon violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 27 Count 2: 18 VAC 50-22-260 B 15 Count 3: 18 VAC 50-22-260 B 6

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer, Williams and Wood. Cronin was absent. After discussion a motion was made by Mr. Redifer and seconded by Mr. Hart to impose the following sanctions: Count 1: $650.00

File Number 2009-00229 Scott Bradon, t/a J & B Construction


Count 2: $1,700.00 Count 3: $800.00 Total $3,150.00 In addition, the Board imposed revocation of license number 2705-062251.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-00202, Edward Reeves Marrin, t/a Hydro Pro Irrigation (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Edward Reeves Marrin, t/a Hydro Pro Irrigation, (Respondent), nor anyone on its behalf appeared at the IFF or the Board meeting. The presiding Board representative Ms. Wall was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Sumpter to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Edward Reeves Marrin violated the following sections of its Regulations: Effective February 1, 2006

Count 1: 18 VAC 50-22-260 B 9 Count 2: 18 VAC 50-22-260 B 6 Effective September

1, 2001 Count 3: 18 VAC 50-22-260 B 27 Effective September

1, 2001 Count 4: 18 VAC 50-22-260 B 15

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer, Williams and Wood. Cronin was absent.

File Number 2009-00202 Edward Reeves Marrin, t/a Hydro Pro Irrigation


After discussion a motion was made by Ms. Tomlin and seconded by Mr. Sumpter to impose the following sanctions: Count 1: $600.00 Count 2: $800.00 Count 3: $650.00 Total $3,750.00 In addition, for violation of the above count 1, Edward Reeves Marrin agrees to have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 days of the order. In addition, for violation of Counts 2, 3 and 4, the Board imposed revocation of license number 2705-096891.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-02607, Eric D Ware, t/a Deck It (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Eric D Ware, t/a Deck It (Respondent), nor anyone on his behalf appeared at the IFF or the Board meeting. The presiding Board representative Mr. Williams was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mr. Wood to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Eric Ware violated the following sections of its Regulations: Effective September 1, 2001


File Number 2009-02607 Eric D Ware, t/a Deck It


The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. After discussion a motion was made by Mr. Sumpter and seconded by Mr. Smith to impose the following sanctions: Count 1: $1,350.00 Count 2: $400.00 Total $1,750.00 In addition, for violation of Count 2, the Board imposed revocation of license number 2705-111217.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-02551, CDM Contracting Inc (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. CDM Contracting Inc., (Respondent), appeared at the IFF, but not the Board meeting. The presiding Board representative Mr. Williams was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Ms. Wood to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that CDM Construction Inc violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 13 The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and

File Number 2009-02551 CDM Contracting INC


Wood. Cronin was absent. After discussion a motion was made by Mr. Sumpter and seconded by Mr. Smith to impose the following sanctions: Count 1: $1,350.00 Total $1,350.00 In addition, the Board imposed revocation of license number 2705-073343

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-02550 Joseph E Bland, t/a Bland’s Handyman Services (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Joseph E Bland, t/a Bland’s Handyman Services (Respondent), appeared at the IFF and the Board meeting. Mrs. Perkins shared with the Board that Joseph E. Bland has priors. The presiding Board representative Mr. Williams was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Walton and seconded by Ms. Tomlin to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Joseph E Bland violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 13 The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood.

File Number 2009-02550 Joseph E Bland, t/a Bland’s Handyman Services


Cronin was absent. After discussion a motion was made by Mr. Sumpter and seconded by Mr. Miller to impose the following sanctions: Count 1: $500.00 Total $500.00 In addition, for violation of Count 1, the Board requires Joseph E Bland have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-02484, Morning Star & Associates, Inc (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Morning Star & Associates, Inc (Respondent), nor anyone on its behalf appeared at the IFF. Stephen and Kimberly Buzzell attended the Board meeting. They addressed the Board. The presiding Board representative Mr. Williams was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Hart and seconded by Mr. Redifer to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Morning Star & Associates Inc violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 13

The motion passed by majority vote. Members voting “yes” were: Miller, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood.

File Number 2009-02484 Morning Star & Associates, Inc


Cronin was absent. Member who voted “no”: Modisett. After discussion a motion was made by Mr. Hart and seconded by Mr. Redifer to impose the sanction as recommended. The motion failed by majority vote. Members voting “yes” were: Miller, Rusher, Hart, Redifer and Sumpter. Members voting “no” were: Modisett, Smith, Kirby, Walton, Wood, and Tomlin. After further discussion a motion was made by Mr. Walton and seconded by Mr. Smith to waive the sanctions: Count 1: 00.00 Total $00.00 The Board voted to impose no monetary penalty for the violation of the regulation.

The motion passed by majority vote. Members voting “yes” were: Miller, Rusher, Hart, Sumpter, Tomlin, Redifer, Smith, Kirby, Walto n and Wood. Member voting “no” was: Modisett. Cronin was absent. In the matter of Disciplinary File Number 2009-02430 Ace Design & Build Inc (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Ace Design & Build Inc (Respondent), nor anyone on her behalf appeared at the IFF or the Board meeting. The presiding Board representative Mr. Williams was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Hart to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Ace Design & Build Inc violated the following sections of its Regulations:

File Number 2009-02430 Ace Design & Build Inc


Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 13 The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. After discussion a motion was made by Mr. Redifer and seconded by Mr. Hart to impose the following sanctions: Count 1: $1,350.00 Total $1,350.00 In addition, for violation of Count 1, the Board imposed revocation of license number 2705-121475.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-02356, Albert J Mitchell, t/a Valley Home Improvement (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Albert J Mitchell, (Respondent), nor anyone on his behalf appeared at the IFF or the Board meeting. The presiding Board representative Mr. Williams was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Miller to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Albert J Mitchell violated the following sections of its Regulations: Effective September 1, 2001

File Number 2009-02356 Albert J Mitchell, t/a Valley Home Improvement


Count 1: 18 VAC 50-22-260 B 13

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. After discussion a motion was made by Mr. Rusher and seconded by Mr. Redifer to impose the following sanctions: Count 1: $1,350.00 Total $1,350.00 In addition, for violation of Count 1, the Board imposed revocation of license number 2705-116952.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-02132, Mohamad Jamil, t/a Mo’s Remodeling (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Mohamad Jamil, t/a Mo’s Remodeling, (Respondent), appeared at the IFF, but not the Board meeting. The presiding Board representative Mr. Miller was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mr. Walton to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Mohamad Jamil violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 13 The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood.

File Number 2009-02132 Mohamad Jamil, t/a Mo’s Remodeling


Cronin was absent. After discussion a motion was made by Mr. Sumpter and seconded by Mr. Walton to impose the following sanctions: Count 1: $1,350.00 Total $1,350.00 In addition, the Board imposed revocation of license number 2705-112035.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-01994, A. Edwards Construction LLC (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. A. Edwards Construction LLC (Respondent), appeared at the IFF. The presiding Board representative Ms. Wall was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Hart to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that A. Edwards Construction LLC violated the following sections of its Regulations: §54.1-1110 of the code of Virginia

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer, Williams and Wood.

File Number 2009-01994 A Edwards Construction LLC


Cronin was absent. After discussion a motion was made by Mr. Smith and seconded by Ms. Tomlin to impose no sanctions: The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-01696, Morning Star & Associates, Inc. (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Morning Star & Associates, Inc., (Respondent), nor anyone on its behalf appeared at the IFF or the Board meeting. The presiding Board representative Mr. Williams was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Hart to remand the case back for an Informal Fact Finding Conference. The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent.

File Number 2009-01696 Morning Star & Associates, Inc.

In the matter of Disciplinary File Number 2009-01557, Blacksburg Home Improvements Inc (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Blacksburg Home Improvements Inc, (Respondent), nor anyone on his behalf appeared at the IFF or the Board meeting. The presiding Board representatives Mr. Walton and Mr. Rusher were not present, did not participate in the discussion and did not vote. Mrs. Perkins shared with the Board that Priors exists. After discussion, a motion was made by Mr . Sumpter and seconded by Mr. W illiams to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations.

File Number 2009-01557 Blacksburg Home Improvements Inc


The Board found that Blacksburg Home Improvements Inc violated the following sections of its Statues: Effective February 1, 2006 Count 1: 18 VAC 50-22-260 B 9 Effective September 1, 2001 Count 2: 18 VAC 50-22-260 B 27 Two violations Count 3: 18 VAC 50-22-260 B 17 Count 4: 18 VAC 50-22-260 B 6 Count 5: 18 VAC 50-22-260 B 6 Count 6: 18 VAC 50-22-260 B 6 Count 7: 18 VAC 50-22-260 B 31

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Williams, Hart, Kirby, Smith, Sumpter, To mlin, Redifer and Wood. Cronin was absent. After discussion a motion was made by Mr. Sumpter and seconded by Mr. Redifer to impose the following sanctions: Count 1: $400. Count 2: $1,500. Count 3: $1,500. Count 4: $800. Count 5: $800. Count 6: $800. Count 7: $500. Total $6,300.00 In addition, for violation of Counts 1, 2, 5, and 7, the Board requires Blacksburg Home Improvements Inc have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days. In addition, the Board imposed revocation of license number 2705-103120.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Hart, Kirby, W illiams, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-01071, Blacksburg Home Improvements Inc (Respondent); the board reviewed the record, which consisted of



the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Blacksburg Home Improvements Inc (Respondent), nor anyone of his behalf appeared at the IFF or the Board meeting. The presiding Board representative Mr. Rusher was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Miller to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Blacksburg Home Improvements Inc violated the following sections of its Regulations: Effective September 1, 2001

Count 1: §54.1-1110 of the code of Virginia

Count 2 18 VAC 50-22-260 B 13 Effective September 1, 2001

Count 3: 18 VAC 50-22-230 B Effective September 1, 2001

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Redifer, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mr. Sumpter and seconded by Mr. Redifer to impose the following sanctions: Count 2: $850.00 Count 3: $500.00 Count 4: $1,350.00 Total $1,350.00 In addition, the Board imposed revocation of license number 2705-103120.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Redifer, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood.

Blacksburg Home Improvements Inc


Cronin was absent. In the matter of Disciplinary File Number 2009-01062, Miracle Roofing And Siding (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Kelvin White on behalf of Miracle Roofing And Siding, (Respondent), appeared at the IFF. He did not attend the Board meeting. The presiding Board representative Mr. Rusher was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mr. Miller to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Miracle Roofing and Siding violated the following sections of its Regulations: §54.1-1110 of the Code of Virginia

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Redifer, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mr. Sumpter and seconded by Mr. Redifer to impose the following sanctions: Count 1: $200.00 Total $200.00 In addition, for violation the Board imposed revocation of license number 2705-107093

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Redifer, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood.

File Number 2009-01062 Miracle Roofing And Siding


Cronin was absent. In the matter of Disciplinary File Number 2009-00054, Hany Madkour (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Hany Madkour (Respondent), nor anyone of its behalf appeared at the IFF or the Board meeting. The presiding Board representative Mr. Rusher was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Sumpter to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Hany Madkour. violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 30 Count 2 18 VAC 50-22-260 B 13

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Redifer, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mr. Sumpter and seconded by Mr. Redifer to impose the following sanctions: Count 1: $2,000.00 Count 2: $1,500.00 Total $3,500.00 In addition, the Board imposed revocation of license number 2705-110612.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Redifer, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and

File Number 2009-00054 Hany Madkour


Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-00020, Jalpa Concrete LLC, t/a Jalpa Concrete LLC (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Neither Jalpa Concrete LLC or anyone on behalf of Jalpa Concrete LLC. (Respondent) did not appear at the IFF or the Board meeting. The presiding Board representative Mr. Rusher was not present, did not participate in the discussion and did not vote. Mrs. Perkins shared with the Board that in the summary Count 4 should be cited as 18 VAC 50-22-260 B 17. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Hart to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Jalpa Concrete LLC violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-230 A Count 2 18 VAC 50-22-260 B February 1, 2006 Count 3: 18 VAC 50-22-260 B 9 September 1, 2006 Count 4: 18 VAC 50-22-260 B 27 September 1, 2001 Count 5: 18 VAC 50-22-260 B 14 September 1, 2001

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Redifer, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. After discussion a motion was made by Mr. Redifer and seconded by Mr. Hart to impose the following sanctions: Count 1: $500.00

File Number 2009-00020 Jalpa Concrete LLC, t/a Jalpa Concrete LLC


Count 2: $600.00 Count 3: $700.00 Count 4: $1,500.00 Count 5: $1,800.00 Total $5,100.00 In addition, for violation of Counts 1, 2, 3 and 5, the Board requires Jalpa Concrete LLC have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days. In addition, the Board imposed revocation of license number 2705-86336.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Redifer, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Williams and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-00747, Rescom Inc (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Rescom, Inc, (Respondent), did not appear at the IFF, other Board meeting. Edward Bowen (Complainants) appeared at the IFF and the Board meeting. The presiding Board representatives Mr. Williams and Mrs. Wood were not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Sumpter and seconded by Mr. Walton to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Rescom Inc violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-260 B 15 Count 2 18 VAC 50-22-260 B 16 Count 3: 18 VAC 50-22-260 B 13

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Redifer, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, and Rusher.

File Number 2009-00747 Rescom, Inc.


Cronin was absent. After discussion a motion was made by Mr. Sumpter and seconded by Mr. Walton to impose the following sanctions: Count 1: $2,000.00 Count 2: $1,950.00 Count 3: $1,350.00 Total $5,300.00 In addition, the Board imposed revocation of license number 2705-060774 .

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, and Redifer. Cronin was absent. In the matter of Disciplinary File Number 2009-00309, T R Gibbs Construction Inc (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Timothy Gibbs on behalf of T R Gibbs Construction Inc (Respondent) appeared at the IFF. No one on its behalf attended the Board meeting. The presiding Board representative Mr. Williams was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Smith to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that T R Gibbs Construction Inc violated the following sections of its Regulations: Effective February 1, 2006

Count 1: 18 VAC 50-22-260 B 9 Count 2: 18 VAC 50-22-260 B 31 September 1, 2001

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood.

File Number 2009-00309 T R Gibbs Construction Inc


Cronin was absent. After discussion a motion was made by Mr. Redifer and seconded by Mr. Smith to impose the following sanctions: Count 1: $200.00 Count 2: $200.00 Total $400.00 In addition, the Board requires T R Gibbs Construction have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Disciplinary File Number 2009-00066 Collin Hunter Hudson III, t/a C H Remodeling & Construction Co/CHR&C Contracting (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Collin Hunter Hudson III, t/a C H Remodeling & Construction Co/CHR&C Contracting (Respondent) did not appear at the IFF. No one on its behalf attended the Board meeting. The presiding Board representative Mrs. Wall was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Sumpter to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Collin Hunter Hudson III violated the following sections of its Regulations: Effective February 1, 2006

Count 1: 18 VAC 50-22-260 B 9

File Number 2009-00066 Collin Hunter Hudson III, t/a C H Remodeling & Construction Co/CHR&C Contracting


Count 2: 18 VAC 50-22-260 B 14 September 1, 2001 Count 3: 18 VAC 50-22-260 B 16 Count 4: 18 VAC 50-22-230 B

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Williams, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. After discussion a motion was made by Mr. Redifer and seconded by Mr. Sumpter to impose the following sanctions: Count 1: $600.00 Count 2: $1,800.00 Count 3: $1,950.00 Count 4: $850.00 Total $5,200.00 In addition, the Board requires Collin Hunter Hudson III, t/a C H Remodeling & Construction Co/CHR&C Contracting have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days. The Board further imposes revocation of license 2705-068766.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent. In the matter Disciplinary File Number 2008-04769, Collin Hunter Hudson III, t/a C H Remodeling & Construction Co/CHR&C Contracting (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Collin Hunter Hudson III, t/a C H Remodeling & Construction Co/CHR&C Contracting (Respondent) did not appear at the IFF. No one on its behalf attended the Board meeting. The presiding Board representative Mrs. Wall was not present, did not participate in the discussion and did not vote.

File Number 2008-04769 Collin Hunter Hudson III, t/a C H Remodeling & Construction Co/CHR&C Contracting


After discussion, a motion was made by Mr . Redifer and seconded by Mr. Sumpter to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Collin Hunter Hudson III violated the following sections of its Regulations: Effective February 1, 2006

Count 1: 18 VAC 50-22-260 B 9 Count 2: 18 VAC 50-22-260 B 14 September 1, 2001 Count 3: 18 VAC 50-22-260 B 16

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Williams, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. After discussion a motion was made by Mr. Redifer and seconded by Mr. Sumpter to impose the following sanctions: Count 1: $500.00 Count 2: $1,800.00 Count 3: $1,950.00 Total $4,250.00 In addition, the Board requires Collin Hunter Hudson III, t/a C H Remodeling & Construction Co/CHR&C Contracting have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days. The Board further imposes revocation of license 2705-068766.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent.


In the matter of Disciplinary File Number 2008-04620, Edward Reeves Marrin, t/a Hydro Pro Irrigation (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Edward Reeves Marrin, t/a Hydro Pro Irrigation (Respondent) did not appear at the IFF. No one on its behalf attended the Board meeting. The presiding Board representative Mrs. Wall was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Miller to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Edward Reeves Marrin violated the following sections of its Regulations: Effective September 1, 2001

Count 1: 18 VAC 50-22-230 A Count 2: 18 VAC 50-22-260 B 9 February 1, 2006 Count 3: 18 VAC 50-22-260 B 6 September 1, 2001 Count 4: 18 VAC 50-22-230 B 27 Count 5: 18 VAC 50-22-260 B 15 Count 6: 18 VAC 50-22-260 B

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Williams, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. After discussion a motion was made by Mr. Redifer and seconded by Mr. Hart to impose the following sanctions: Count 1: $350.00 Count 2: $600.00 Count 3: $800.00 Count 4: $650.00 Count 5: $1,700.00 Count 6: $400.00 Total $4,500.00 In addition, the Board requires Edward Reeves Marrin have a member of Responsible Management successfully complete a

File Number 2008-04620 Edward Reeves Marrin, t/a Hydro Pro Irrigation


Board-approved remedial education class within 90 (ninety) days. The Board further imposes revocation of license 2705-096891.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Disciplinary File Number 2008-04581, Merryman Grounds Maint Inc (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. David L Merryman on behalf of Merryman Grounds Maint Inc (Respondent) appeared at the IFF. No one on its behalf attended the Board meeting. Duncan M. and Suzanne R Thompson with their attorney Charles Vogan, Jr. attended the IFF. The presiding Board representative Mrs. Wall was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mrs . Wood and seconded by Mr. Sumpter to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Merryman Grounds Maint Inc violated the following sections of its Regulations: Effective February 1, 2006

Count 1: 18 VAC 50-22-260 B 9 Count 2: 18 VAC 50-22-260 B 27 September 1, 2001 Count 3: 18 VAC 50-22-260 B 6 Count 4: 18 VAC 50-22-260 B 15 Count 5: 18 VAC 50-22-260 B 31

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Williams, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent.

File Number 2008-04581 Merryman Grounds Maint Inc


After discussion a motion was made by Mrs. Wood and seconded by Mr. Sumpter to impose the following sanctions: Count 1: $200.00 Count 2: $650.00 Count 3: $800.00 Count 4: $1,200.00 Count 5: $400.00 Total $3,250.00 In addition, the Board requires Merryman Grounds Maint Inc have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days. The Board further imposes revocation of license 2705-038444.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Disciplinary File Number, 2008-04402, Rescom Inc, t/a Rescom Inc (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Rescom Inc, t/a Rescom Inc (Respondent) did not appear at the IFF. No one on its behalf attended the Board meeting. The presiding Board representatives Mrs. Wood and Mr. Williams were not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Hart and seconded by Mr. Sumpter to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Rescom Inc violated the following sections of its Regulations: Effective September 1, 2001

File Number 2008-04402 Rescom Inc, t/a Rescom Inc


Count 1: 18 VAC 50-22-230 B Count 2: 18 VAC 50-22-260 B 15 Count 3: 18 VAC 50-22-260 B 16 Count 4: 18 VAC 50-22-260 B 28

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Redifer Walton, Smith, Sumpter, and Tomlin. Cronin was absent. After discussion a motion was made by Mr. Hart and seconded by Mr. Sumpter to impose the following sanctions: Count 1: $850.00 Count 2: $2,000.00 Count 3: $1,950.00 Count 4: $1,950.00 Total $6,700.00 In addition, the Board requires Rescom Inc have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days. The Board further imposes revocation of license 2705-060744.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Redifer, Sumpter, and Tomlin. Cronin was absent. In the matter of Disciplinary File Number, 2008-03768, Raymond Lawson, (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Walter McDermott (Complainant) appeared at the Board. He addressed the Board. The presiding Board representatives Mrs. Wood and Mr. Sumpter were not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Miller to close the case with a finding of no violations of it Regulations: The motion passed by unanimous vote. Members voting “yes” were: Miller,

File Number 2008-03768 Raymond Lawson


Modisett, Rusher, Hart, Kirby, Williams, Walton, Smith, Tomlin, and Redifer. Cronin was absent. In the matter of Disciplinary File Number, 2008-02427, George E Linkous, t/a L & K Specialties, (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. George E Linkous, t/a L & K Specialties (Respondent) did not appear at the IFF. No one on its behalf attended the Board meeting. Cynthia Ritchey (Complainant) attended the IFF and the Board meeting. She addressed the Board. The presiding Board representative Mrs. Wall was not present, did not participate in the discussion and did not vote. Mrs. Perkins shared with the Board that priors exist. After discussion, a motion was made by Mr . Redifer and seconded by Mrs. Tomlin to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that George E Linkous violated the following sections of its Regulations: Effective February 1, 2006

Count 1: 18 VAC 50-22-260 B 9 Count 2: 18 VAC 50-22-260 B 14 September 1, 2001 Count 3: 18 VAC 50-22-260 B 16 Count 4: 18 VAC 50-22-260 B 28 Count 5: 18 VAC 50-22-260 B 22 Count 6: 18 VAC 50-22-260 B 23

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Williams, Walton, Smith, Tomlin, and Redifer. Cronin was absent. After discussion a motion was made by Mr. Redifer and seconded by Mr. Hart to impose the following sanctions: Count 1: $350.00 Count 2: $2,000.00 Count 3: $2,000.00

File Number 2008-02427 George E Linkous, t/a L & K Specialties


Count 4: $750.00 Count 6: $750.00 Total $5,850.00 In addition, the Board requires George E Linkous have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days. The Board further imposes revocation of license 2705-094669.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Disciplinary File Number 2008-00574, Walls Custom Builders Corp (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Attorney Judson Collier, Jr. for Walls Custom Builders Corp (Respondent) appeared at the IFF. He also attended on its behalf the Board meeting. He addressed the Board. Laurie Cooksey (Complainant) attended the IFF meeting. The presiding Board representative Mrs. Wall was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Hart to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Walls Custom Builders Corp violated the following sections of its Regulations: Effective September1, 2001

Count 1: 18 VAC 50-22-260 B6 Count 2: 18 VAC 50-22-260 B 6 September 1, 2001 Count 3: 18 VAC 50-22-260 B 31

File Number 2008-00574 Walls Custom Builders Corp


The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Williams, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. After discussion a motion was made by Mr. Redifer and seconded by Mr. Hart to impose the following sanctions: Count 1: $800.00 Count 2: $800.00 Count 3: $400.00 Total $2,000.00 In addition, the Board requires Walls Custom Builders Corp have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days. The Board further imposes revocation of license 2705-096489.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Disciplinary File Number 2008-05254, Walls Custom Builders Corp (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Attorney Judson Collier, Jr. for Walls Custom Builders Corp (Respondent) appeared at the IFF. He also attended on its behalf the Board meeting. He addressed the Board. Kevin and Angela Drumheller (Complainant) did not attend the IFF meeting or the Board meeting. The presiding Board representative Mrs. Wall was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Hart to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding



Conference with Recommendations. The Board found that Walls Custom Builders Corp violated the following sections of its Regulations: Effective September1, 2001

Count 1: 18 VAC 50-22-260 B6

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Williams, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. After discussion a motion was made by Mr. Redifer and seconded by Mr. Hart to impose the following sanctions: Count 1: $800.00 Total $800.00 In addition, the Board requires Walls Custom Builders Corp have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days. The Board further imposes revocation of license 2705-096489.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Disciplinary File Number 2007-04984, Walls Custom Builders Corp (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Attorney Judson Collier, Jr. for Walls Custom Builders Corp (Respondent) appeared at the IFF. He also attended on its behalf the Board meeting. He addressed the Board. Mr. Collier requested a continuance on behalf



of his client who was not present because he was complying with a court order. Fronia West (Complainant) attended the IFF meeting. She attended the Board meeting and addressed the Board. The presiding Board representatives Mrs. Wall/Mr. Redifer were not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mrs . Wood and seconded by Mr. Hart to deny the request for continuance. The motion passed with a unanimous vote. Members voting yes were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smit h, Sumpter, Williams, Tomlin, and Wood. Cronin was absent. After discussion, a motion was made by Mr. Hart and seconded by Mrs. Wood to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Walls Custom Builders Corp violated the following sections of its Regulations: Effective February 1, 2006

Count 1: 18 VAC 50-22-260 B9 Count 2: 18 VAC 50-22-260 B 27 September 1, 2001 Count 3: 18 VAC 50-22-260 B 27 Count 4: 18 VAC 50-22-260 B 27 Count 5: 18 VAC 50-22-260 B 31 Count 6: 18 VAC 50-22-260 B 15 Two violations Count 7: 18 VAC 50-22-260 B 28 Two violations Count 8: 18 VAC 50-22-260 B 12

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Williams, Walton, Smith, Sumpter, Tomlin, and Wood. Cronin was absent. After discussion a motion was made by Mr. Hart and seconded by Mr. Sumpter to impose the following sanctions: Count 1: $400.00 Count 2: $650.00 Count 3: $650.00 Count 4: $650.00


Count 5: $400.00 Count 6: $1,400.00 $700.00 ea Count 7: $3,800.00 $1,900.00 ea Count 8: $850.00 Total $8,800.00 In addition, the Board requires Walls Custom Builders Corp have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days. The Board further imposes revocation of license 2705-096489.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Williams, Tomlin, and Wood. Cronin was absent. In the matter of Disciplinary File Number 2007-04514, Walls Custom Builders Corp (Respondent); the board reviewed the record, which consisted of the application file, transcript, exhibits from the IFF, and the Summary of the Informal Fact-Finding Conference and the recommendation. Attorney Judson Collier, Jr. for Walls Custom Builders Corp (Respondent) appeared at the IFF. He also attended on its behalf the Board meeting. He addressed the Board. Paul and Charlotte Grammer (Complainant) did not attend the IFF or Board meeting. The presiding Board representative Mrs. Wall was not present, did not participate in the discussion and did not vote. After discussion, a motion was made by Mr . Redifer and seconded by Mr. Hart to adopt the Report of Findings which contains the facts regarding the regulatory and or statutory issues in this matter, and adopt the Summary of the Informal Fact-Finding Conference with Recommendations. The Board found that Walls Custom Builders Corp violated the following sections of its Regulations: Effective February1, 2006

Count 1: 18 VAC 50-22-260 B 9 Count 2: 18 VAC 50-22-260 B 31 September 1, 2001



The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Williams, Walton, Smith, Sumpter, Tomlin, Redifer and Wood. Cronin was absent. After discussion a motion was made by Mr. Redifer and seconded by Mr. Hart to impose the following sanctions: Count 1: $400.00 Count 2: $400.00 Total $800.00 In addition, the Board requires Walls Custom Builders Corp have a member of Responsible Management successfully complete a Board-approved remedial education class within 90 (ninety) days.

The motion passed by unanimous vote. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent.


In the matter of Consent Order File Number 2009-02152 Board v. Boykin Electrical & Construction Inc, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Kenneth Cunningham was present and addressed the Board. Boykin Electrical & Construction, Inc. , acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 31 $0.00 Board Costs $150.00 Total $150.00 In addition, Boykin Electrical & Construction Inc. agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

Upon a motion by Mr. Kirby seconded by Mr. Williams the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, Redifer and Wood. Cronin was absent.

File Number 2009-02152 Boykin Electrical & Construction Inc.

In the matter of Consent Order File Number 2009-02250 Board v. Olde Virginia Stone Masonry LLC, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Dennis Ray Brady was present and addressed the Board. Mr. Redifer , the consulting officer of the Board was not present and did not participate. Mrs. Perkins shared with the Board that count 1 should be cited as 18 VAC 50-22-260 B 17 and not as 18 VAC 50-22-160 B 17. Olde Virginia Stone Masonry LLC., acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board:

File Number 2009-02250 Olde Virginia Stone Masonry LLC.


Count 1: 18 VAC 50-22-260 B 10 $350.00 Count 2: 18 VAC 50-22-260 B 26 $500.00 Count 3: 18 VAC 50-22-260 B 6 $500.00 Count 4: 18 VAC 50-22-260 B 17 $750.00 Count 5: 18 VAC 50-22-260 B 15 $750.00 Board Costs $150.00 Total $3,000.00 Further, for violation of Counts 1 through 5, Virginia Stone Masonry LLC. agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

Upon a motion by Mr. Sumpter seconded by Mr. Hart the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, and Wood. Cronin was absent. In the matter of Consent Order File Number 2007-05146 Board v. J M Turner Homes Inc, t/a J M Turner Homes Inc, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Mr. Kirby, the Boards Consulting Officer, was not present and did not participate. J M Turner Homes Inc, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 29 (5

violations @ $100.00 ea) $500.00

Count 2: 18 VAC 50-22-260 B 5 $400.00 Count 3: 18 VAC 50-22-260 B 31 $300.00 Count 4: 18 VAC 50-22-220 A Board Costs $150.00 Total $1,650.00 Further, it is noted that J M Turner Homes Inc’s license has expired. J M Turner Homes Inc agrees not to renew its license 2705-061323.

File Number 2007-05146 J M Turner Homes Inc, t/a J M Turner Homes Inc


Upon a motion by Mrs. Wood seconded by Mr. Williams the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Walton, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Consent Order File Number 2008-04863 Board v. DLM Enterprises Inc, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. DLM Enterprises INC., acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 6 $800.00

Board Costs $150.00 Total $950.00 Further, DLM Enterprises Inc agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

Upon a motion by Mr. Sumpter seconded by Mr. Miller the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, Redifer and Wood. Cronin was absent.

File Number 2008-04863 DLM Enterprises Inc

In the matter of Consent Order File Number 2008-03677 Board v. Ronald S Cisco Jr.; the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Ronald S Cisco Jr., acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-230 B $400.00

File Number 2008-03677 Ronald S Cisco Jr.


Board Costs $150.00 Total $550.00 Further, Ronald S Cisco Jr. agrees to have a member of Responsible Management successfully complete a Board-approved remedial education class. .

Upon a motion by Mr. Sumpter seconded by Mrs. Tomlin the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Consent Order File Number 2009-00410 Board v. Anders R Brock, t/a Brock Construction, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Mrs. Wood, the Boards Consulting Officer, was not present and did not participate. Anders R Brock, t/a Brock Construction, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 15 $1,700.00

Board Costs $150.00 Total $1,850.00 Further, Anders R Brock agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

Upon a motion by Mr. Rusher seconded by Mrs. Tomlin the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, and Redifer. Cronin was absent.

File Number 2009-00410 Anders R Brock, t/a Brock Construction


In the matter of Consent Order File Number 2009-00658 Board v. Nature’s Choice Landscape Design Inc the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Nature’s Choice Landscape Design Inc, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 9 $0.00 Count 2: 18 VAC 50-22-260 B 31 $0.00 Count 3: 18 VAC 50-22-260.B 15 $0.00 Count 4: 18 VAC 50-22-260 B 16 $0.00 Count 5: 18 VAC 50-22-260 B 28 $0.00 Board Costs $0.00 Total $0.00 Further, for violation of Counts 1 through 5, Nature’s Choice Landscape Design Inc agrees to revocation of his license number 2705-079961.

Upon a motion by Mr. Smith seconded by Mr. Modisett the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, and Redifer. Cronin was absent.

File Number 2009-00658 Nature’s Choice Landscape Design Inc

In the matter of Consent Order File Number 2009-00777 Board v. Raphael M Gonzalez II, t/a Raven Enterprises, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Raphael M Gonzalez II, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 6 $500.00

Count 2: 18 VAC 50-22-260 B 28 $2,000.00 Board Costs $150.00 Total $2,650.00 In addition, the Board shall waive imposition of the $2,000.00 monetary penalty for count 2 provided Raphael M Gonzalez II satisfies the judgment and provides the Board with proof of the satisfaction within ninety (90) days of the effective date of this

File Number 2009-00777 Raphael M Gonzalez II, t/a Raven Enterprises


order. If Raphael M Gonzalez II fails to comply with these conditions, then the full monetary penalty will be automatically imposed. Further, Raphael M Gonzalez II agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

Upon a motion by Mr. Williams seconded by Mr. Modisett the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Consent Order File Number 2009-00968 Board v. A & M Building Corp; the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Mrs. Wood, the Boards Consulting Officer, was not present and did not participate. A & M Building Corp, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 30 $0.00

Count 2: 18 VAC 50-22-260 B 28 $0.00 Board Costs $0.00 Total $0.00 In addition, A & M Building Corp agrees to revocation of its license 2705-122237.

Upon a motion by Mr . Williams seconded by Mr. Miller the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, and Redifer. Cronin was absent.

File Number 2009-00968 A & M Building Corp


In the matter of Consent Order File Number 2008-04604 Board v. C M Contracting Of Virginia Inc, t/a C M Contracting Of Virginia, Inc., the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Mr. Redifer, the Boards Consulting Officer, was not present and did not participate. C M Contracting Of Virginia Inc, t/a C M Contractin g Of Virginia Inc., acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 6 $0.00

Count 2: 18 VAC 50-22-260 B 25 $500.00 Count 3: 18 VAC 50-22-260 B 31 $400.00 Board Costs $150.00 Total $1,050.00 Further, for violation of Counts 1-3, C M Contracting Of Virginia Inc agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

Upon a motion by Mr. Smith seconded by Mr. Rusher the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, and Wood. Cronin was absent.

File Number 2008-04604 C M Contracting Of Virginia Inc, t/a C M Contracting Of Virginia Inc

In the matter of Consent Order File Number 2009-01032 Board v. Vintage Contracting Inc; the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Mr. Rusher, the Boards Consulting Officer, was not present and did not participate. Vintage Contracting Inc, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: § 54.1-1110 of the Code of

Virginia $0.00

File Number 2009-01032 Vintage Contracting Inc


Board Costs $500.00 Total $500.00 In addition, Vintage agrees to a one-year probation of its license as of the effective date of the order. During this one-year probation, Vintage agrees to:

(1) Comply with the rules and regulations of the Board for Contractors; and

(2) Not be in violation of any local, state, or federal laws or regulations;

If Vintage violates any terms of this probation, its license shall be automatically revoked. Vintage understands the right to have this revocation considered in an informal fact-finding conference and/or formal hearing under Sections 2.2-4019, 2.2-4020, and 2-2.4021 of the Code of Virginia, and knowingly and voluntarily waives any rights to these proceedings. . .

Upon a motion by Mr. Modisett seconded by Mr. Miller the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Hart, Kirby, Walton, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Consent Order File Number 2009-01079 Board v. Deborah Evans, t/a Exquiste Home Services, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Mr. Kirby, the Boards Consulting Officer, was not present and did not participate. Deborah Evans, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: §54.1-1110 of the Code of

Virginia $0.00

Board Costs $150.00 Total $150.00 In addition, Deborah Evans agrees to revocation of license 2705-

File Number 2009-01079 Deborah Evans, t/a Exquiste Home Services


089201. .

Upon a motion by Mr. Smith seconded by Mr. Redifer the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Walton, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Consent Order File Number 2009-01351 Board v. Mark A Good t/a M A Good Construction, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Mark A Good, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 8 $350.00 Count 2: 18 VAC 50-22-260 B 29 $300.00 Board Costs $150.00 Total $800.00 Further, for violation of Counts 1 and 2, Mark A Good agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.


File Number 2009-01351 Mark A Good t/a M A Good Construction

In the matter of Consent Order File Number 2009-01376 Board v. Roxanne M Rogers, t/a Landscapes of Lake Anna, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Mr. Redifer, the Boards Consulting Officer, was not present and did not participate. Roxanne M Rogers, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by

File Number 2009-01376 Roxanne M Rogers, t/a Landscapes of Lake Anna


the Board: Count 1: 18 VAC 50-22-260 B 17 $1,000.00 Count 2: 18 VAC 50-22-260 B 27 $500.00 Count 3: 18 VAC 50-22-260 B 27 $1,000.00 Count 4: 18 VAC 50-22-260 B 31 $350.00 Count 5: 18 VAC 50-22-260 B 16 $1,000.00 Board Costs $150.00 Total $2,050.00 In addition, for violation of Count 5, Roxanne M Rogers agrees to revocation of her license. 2705-109131. Further, for violation of Counts 1-4 Roxanne M Rogers agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

Upon a motion by Mr. Sumpter seconded by Mr. Miller the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Consent Order File Number 2009-01395 Board v. Timothy Chamberlain, t/a Timothy’s Home Improvements, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Timothy Chamberlain, t/a Timothy’s Home Improvements, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 8 $0.00 Count 2: 18 VAC 50-22-260 B 9 $0.00 Count 3: 18 VAC 50-22-260 B 31 $0.00 Board Costs $150.00 Total $150.00 Further, for violation of count 3, Timothy Chamberlain agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

File Number 2009-01395 Timothy Chamberlain, t/a Timothy’s Home Improvements


Upon a motion by Mrs. Tomlin seconded by Mr. Hart the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Consent Order File Number 2009-01424 Board v. Stuart Klee, t/a Klee Development, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Mr. Walton, the Boards Consulting Officer, was not present and did not participate. Stuart Klee, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 17 $1,750.00 Count 2: 18 VAC 50-22-260 B 6 $500.00 Count 3: 18 VAC 50-22-260 B 31 $300.00 Count 4: 18 VAC 50-22-260 B 6 $500.00 Board Costs $150.00 Total $3,200.00 Further, Stuart Klee agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

Upon a motion by Mr. Williams seconded by Mr. Kirby the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent.

File Number 2009-01424 Stuart Klee, t/a Klee Development

In the matter of Consent Order File Number 2009-01461 Board v. Ivy League Construction & Remodeling Inc, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Mr. Rusher, the Boards Consulting Officer, was not present and did not participate. Ivy League Construction & Remodeling Inc , acknowledges an understanding of the

File Number 2009-01461 Ivy League Construction & Remodeling Inc


charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 6 (2

violations @ $400.00 each $800.00

Count 2: 18 VAC 50-22-260 B 15 $450.00 Count 3: 18 VAC 50-22-260 B 31 $100.00 Count 4: 18 VAC 50-22-260 B 13 $250.00 Board Costs $150.00 Total $1,750.00 Further, for violation of Count 1, Ivy League Construction & Remodeling Inc agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

Upon a motion by Mr. Sumpter seconded by Mr. Miller the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Hart, Kirby, Walton, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Consent Order File Number 2009-01668 Board v. Douglas P Depow, t/a D P D Construction, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Douglas P Depow, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 8 $350.00 Count 2: 18 VAC 50-22-260 B 28 $1,900.00 Board Costs $150.00 Total $2,400.00 Further, for violation of Counts 1 and 2, Douglas P Depow agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class. In addition, the Board shall waive imposition of the $1,900.00 monetary penalty for Count 2 provided Douglas P Depow satisfies the judgment and provides the Board with proof of satisfaction within ninety (90) days of the effective date of this Order. If Douglas P Depow fails to comply with these conditions, then the

File Number 2009-01668 Douglas P Depow, t/a D P D Construction


full monetary penalty will be automatically imposed.

Upon a motion by Mr. Miller seconded by Mr. Walton the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Consent Order File Number 2009-01839 Board v. Thomas J Latham, t/a B & L Sheet Metal, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Mr. Smith, the Boards Consulting Officer, was not present and did not participate. Thomas J Latham, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 13 $0.00 Count 2: 18 VAC 50-22-260 B 28 $200.00 Board Costs $500.00 Total $700.00 In addition, for violation of Count 2, Thomas J Latham agrees to revocation of his license number 2705-022787. However, license revocation shall be stayed provided Thomas J Latham satisfies the judgment awarded to James D W King within ninety days of the effective date of this order. If Thomas J Latham fails to comply with this condition, then license revocation will be automatically imposed.

Upon a motion by Mr. Sumpter seconded by Mr. Miller the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent.

File Number 2009-01839 Thomas J Latham, t/a B & L Sheet Metal

In the matter of Consent Order File Number 2009-01979 Board v. Watts Painting Inc, the Board reviewed the Consent Order. Incorporated in the Consent Order is the



Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Watts Painting Inc, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 28 $0.00 Board Costs $150.00 Total $150.00 In addition, for violation of count 1, Watts Painting Inc agrees to revocation of its license..

Upon a motion by Mrs. Tomlin seconded by Mr. Modisett the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, Redifer and Wood. Cronin was absent.

Watts Painting Inc

In the matter of Consent Order File Number 2009-01983 Board v. Colonial Remodeling LLC, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Colonial Remodeling LLC, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 31 $400.00 Board Costs $150.00 Total $550.00 Further, for violation of Count 1, Colonial Remodeling LLC agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

Upon a motion by Mr. Sumpter seconded by Mr. Miller the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, Redifer and Wood.

File Number 2009-01983 Colonial Remodeling LLC


Cronin was absent. In the matter of Consent Order File Number 2009-02000 Board v. Clayborne Restorations Inc, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Clayborne Restorations Inc, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 31 $800.00 Board Costs $150.00 Total $950.00 In addition, for violation of Count 1, Clayborne Restorations Inc agrees to have a member of Responsible Management successfully complete a Board-approved remedial education.


File Number 2009-02000 Clayborne Restorations Inc

In the matter of Consent Order File Number 2009-02031 Board v. Carl A Brooks, t/a Carl Brooks Roofing, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Carl A Brooks, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 6 $400.00 Count 2: 18 VAC 50-22-260 B 27 $650.00 Board Costs $150.00 Total $1,200.00 Further, Carl A Brooks agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

File Number 2009-02031 Carl A Brooks, t/a Carl Brooks Roofing


Upon a motion by Mrs. Wood seconded by Mrs. Tomlin the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Consent Order File Number 2009-02091 Board v. Home Worx Services Inc, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Home Worx Services, Inc., acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 6 $800.00 Board Costs $150.00 Total $950.00 Further, for violation of count 1, Home Worx Services , Inc. agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.


File Number 2009-02091 Home Worx Services Inc

In the matter of Consent Order File Number 2009-02206 Board v. A M P Home Improvement, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Misael Pineda, t/a A M P Home Improvement, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 27 $700.00

File Number 2009-02206 Misael Pineda, t/a A M P Home Improvement


Count 2: 18 VAC 50-22-260 B 27 $700.00 Count 3: 18 VAC 50-22-260 B 15 $1,700.00 Board Costs $150.00 Total $3,250.00 Further, Misael Pineda agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

Upon a motion by Mr. Hart seconded by Mr. Smith the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Consent Order File Number 2009-02360 Board v. Bison Plumbing & Gasworks Inc, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Mr. Redifer, the Boards Consulting Officer, was not present and did not participate. Bison Plumbing & Gasworks Inc, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 8 $350.00 Count 2: 18 VAC 50-22-260 B 27 $500.00 Board Costs $150.00 Total $1,000.00 Further, Bison Plumbing & Gasworks Inc agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

Upon a motion by Mr. Sumpter seconded by Mr. Miller the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, and Wood. Cronin was absent.

File Number 2009-02360 Bison Plumbing & Gasworks Inc


In the matter of Consent Order File Number 2009-02370 Board v. Service Team USA Construction Group LLC, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Service Team USA Construction Group LLC., acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 28 $1,900.00 Board Costs $150.00 Total $2,050.00 In addition, for violation of Count 1, Service Team USA Construction Group LLC agrees to revocation of his license number 2705-095622. The Board shall waive imposition of the $1,900.00 monetary penalty and license revocation for Count 1 provided Service Team USA Construction Group LLC satisfies the judgment and provides the Board with proof of the satisfaction within ninety (90) days of the effective date of this order. If Service Team USA Construction Group LLC fails to comply with these conditions, then the full monetary penalty and license revocation will be automatically imposed. Further, Service Team USA Construction Group LLC agrees to have a member of Responsible Management successfully complete a Board-approved remedial education class.


File Number 2009-02370 Service Team USA Construction Group LLC

In the matter of Consent Order File Number 2009-02404 Board v. Marvin Michael Crewey, t/a CCR Crewey Carpentry & Renovation, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Mr. Walton, the Boards Consulting Officer, was not present and did not participate.

File Number 2009-02404 Marvin Michael Crewey, t/a CCR Crewey Carpentry & Renovation


Marvin Michael Crewey, t/a CR Crewey Carpentry & Renovation, acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 8 $500.00 Count 2: 18 VAC 50-22-260 B 27 $1,000.00 Count 3: 18 VAC 50-22-260 B 27 (3

violations at $1,000.00 each)

$3,000.00

Count 4: 18 VAC 50-22-260 B 6 $2,000.00 Board Costs $150.00 Total $6,650.00 The Board shall waive imposition of the $6,500.00 monetary penalty for Counts 1, 2, 3, and 4, and in exchange, Marvin Michael Crewey agrees to revocation of his license 2705-103959

Upon a motion by Mr. Sumpter seconded by Mr. Miller the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Consent Order File Number 2009-02747 Board v. Dirt Works LLC, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Dirt Works LLC., acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: §54.1-1110 of the Code of

Virginia $0.00

Board Costs $150.00 Total $150.00 In addition, for violation of Count 1, Dirt Works LLC agrees to revocation of its license 2705-109163.

Upon a motion by Mrs. Wood seconded by Mr. Williams the board ratified the

File Number 2009-02747 Dirt Works LLC


consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, Redifer and Wood. Cronin was absent. In the matter of Consent Order File Number 2008-02348 Board v. Eastlake Construction Company Inc, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Eastlake Construction Company Inc acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 6 $800.00 Count 2: 18 VAC 50-22-260 B 27 $650.00 Count 3: 18 VAC 50-22-260 B 31 $550.00 Board Costs $150.00 Total $2,150.00 Further, Eastlake Construction Company agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.

Upon a motion by Mr. Smith seconded by Mr. Williams the board ratified the consent order with an unanimous vote: Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, Redifer and Wood. Cronin was absent.

File Number 2008-02348 Eastlake Construction Company Inc

In the matter of Consent Order File Number 2009-02084 Board v. Howard Payton, t/a Payton’s Paving & Landscaping, the Board reviewed the Consent Order. Incorporated in the Consent Order is the Report of Findings, which contains the facts regarding the regulatory and/or statutory issues in this matter. Howard Payton, t/a Payton’s Paving & Landscaping., acknowledges an understanding of the charges and hereby admits to the violation(s) of the Board’s

File Number 2009-02084 Howard Payton, t/a Payton’s Paving & Landscaping


Regulations and consents to the following term(s) by the Board: Count 1: 18 VAC 50-22-260 B 8 $250.00 Count 2: 18 VAC 50-22-260 B 8 $250.00 Count 3: 18 VAC 50-22-260 B 27 $450.00 Board Costs $150.00 Total $1,100.00 Further, for violation, Howard Payton agrees to have a member of the Responsible Management successfully complete a board-approved remedial education class.


Jill Richardson, Licensing and Educator Administrator, gave a briefing to the Board on ACR Construction. After discussion a motion was made by Mrs. Wood and seconded by Mr. Hart to adopt the briefing: The motion passed unanimously. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent.

New Business

The Board reviewed a Final Order issued by the Circuit Court of Virginia Beach regarding Atlantic Coast Builders, Inc. File Number 2007-04814. The Board reviewed the Final Order and a motion was made by Mr. Walton and seconded by Mr. Redifer to agree to comply with the terms of the order. The motion passed unanimously. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Willia ms, Tomlin, Redifer and Wood. Cronin was absent.

Other Board Business

Adrienne Mayo, Regulatory Boards Administrator shared with the Board that the Education Committee met on Monday, May 18th to discuss matters pertinent to the Committee. She then shared that Jill Richardson would discuss the Education applications as per the committee’s recommendations. She shared the following:

Education Report


A. Education Report Applications for proposed education providers and courses were reviewed and the Committee recommendations are as follows:

National Fire Protection Association

Continuing (Classroom)

Electrical Denial: Not Comprehensive

NC Electrical Institute


Electrical Denial: Not Comprehensive

A Rod Tripp & Associates


HVAC Plumbing Fuel / Gas

Denial: Not Comprehensive

DHCD: Jack A. Proctor Virginia Building Code Academy for Enforcement Personnel


Electrical Fuel / Gas Plumbing HVAC

Retroactive Approval: January 1, 2008, to April 15, 2008.

Wilkes Community College


Electrical Approval

Master Institute Continuing (Classroom)

Electrical Fuel / Gas Plumbing HVAC

Approval

Mike Holt Enterprises, Inc.

Continuing (Classroom and Online)

Electrical Retroactive Approval for Both: November 1, 2008

Dana Smith Continuing (Online)

Electrical Approval

Walsh Electric Co., Inc.


Electrical Approval

Vocational School of Korean American Association NoVA

Pre-License (Classroom)

Basic Approval

ACR Construction Education LLC

Pre-License Continuing (Classroom)

Basic Electrical

Approval for Both


B&B Air Conditioning & Heating Service Co., Inc.

Vocational (Classroom)

HVAC Retroactive Approval: April 1, 2005

After review and discussion a motion was made by Mrs. Wood and seconded by Mr. Walton to adopt the recommendations of the Committee of the Board for Contractors as submitted with regards to the disposition of education provider applications. The motion passed unanimously. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Williams, Toml in, Redifer and Wood. Cronin was absent. After reviewing public comment, revised fiscal data and a recommended change to the proposed regulatory package, the Board approved, as final, the regulatory package for an increase in fees. This fee package had been previously reviewed by the Committee with the recommendation that the Board approve it as final and direct staff to continue with the regulatory process. After discussion a motion was made by Mrs. Wood and seconded by Mr. Sumpter to accept committee recommendations with respect to proposed fee increase packets for both Contractors and Individual license/certification holders. The motion passed unanimously. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent.

Adoption of Final Regulations

Mr. Olson updated the Board on the fiscal status of the Transaction Recovery Fund and the ongoing special assessments. Based on the current balance in the fund, anticipated assessments collected and pending claims, staff estimates that the Fund will have no money available at the end of 2009. In order to ensure compliance with the current statutes, any assessments collected from licensees whose licenses expire after June 30, 2009, will be refunded. After July 1, 2009 licensees will receive the special assessment as part of their renewal notice. When the Fund is depleted, approved claims will be placed in a pending status until funds are available. Jay DeBoer shared with the Board that we must adhere to Statue. This was just for information purposes. No action taken by the Board.

Recovery Fund Update

Staff updated the Board on the new HUD Manufactured Housing Installation Certification Program. Board staff has been working with DHCD to assist in the implementation and tracking of participants in the new program. Proposed regulations have been adopted to integrate the program into the contractor regulations. Notification of the new program must be made to affected regulants. Staff requested authority to notify all contractors currently holding the MBC specialty of the new requirements. After discussion a motion was made by Mr.

HUD Manufactured Housing Installation Program


Walton and seconded by Ms. Wood to send notification of the new requirements regarding the installation of manufactured houses and the requisite certification program to those contractors currently holding the Manufacture/Modular contractor specialty. The motion passed unanimously. Members voting “yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smit h, Sumpter, Williams, Tomlin, Redifer and Wood. Cronin was absent. The next Board meeting is scheduled for Wednesday, July 1, 2009.

Next Meeting

Their being no further business to come before the board, the meeting was adjourned at 2:15 p.m. upon a motion by Mr. Sumpter and seconded by Mr. Modisett . The motion passed by unanimous vote. Members voting “Yes” were: Miller, Modisett, Rusher, Hart, Kirby, Walton, Smith, Sumpter, Williams, Toml in, Redifer and Wood. Cronin was absent.

Adjournment

______________________________ Robert Kirby, Chairperson

______________________________ Jay W. DeBoer, Secretary Copy teste: ______________________________ Custodian of the Record

board for contractors board meeting draft minutestownhall.virginia.gov/l/getfile.cfm?file=e...board...

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