the contractor signed a · unlicensed contractor has been taking money from homeowners without...

Administrative Filings

Criminal Actions

Letter of Concern

Referred to Diversion

PR/Outreach ·

Cases Received

Case Assigned

Closed Cases

Citations Issued

Site Surveys

Building Inspectors

l\1HR. V Inspections .

Owner/Builder Permits Received

Owner/Builder Invest~gations

NOTES:

Administrative Action

Criminal Action

Commission Report February 2018

2015 . 2016 '2017 2018 Feb-18 21 10 23 0 1 24 7 13 1 3 26 31 19 0 0

0 1 0 0 0 24 9 6 2 0

1229 1185 1373 130 91 1068 1026 1320 130 90

1249 1047 1438 141 110 753 698 714 80 49

4629 4032 5210 492 428 850 1239 1380 156 80

4 0 7 1 0

2015 2016 2017 2018 Feb-18 1.60 127 250 rn 30

3 5 5 1 2

Licensed Contractor installed solar panels on 60 homes, .prior to

receiving a license. The contractor was in arrears to a wholesaler who filed liens on all 60 homes. The Contractor signed a . . Stipµlation and Order, with a $60,000 fine, which constitutes a $1,000 fine for each of the 60 instances. The Contractor Will receive a credit against the $1,000 fine on each violation of$950 for each· of 60 liens if the lien release has been signed and

· recorded l:>y the wholesaler, and the Contractor has no subsequent viol~tions within 5 years.

Unlicensed Contractor has been taking money from homeowners

without finishing, and/or strating the projects. The unlicensed contractOr took over $8,000 from a homeowner, and fialed to start the project, or return the money. When the homeowner

contacted the unlicensed contractor, they use~ vulgar, abusive language, threats and intimidation. This case has .been filed with the Utah County Attorney's Office for Criminal Felony.

3/19/2018

•• '--;.;...I

Criminal Action

Criminal Action

Commission Report

February 2018

Unlicensed Contractor installed a gas line for a homeowner, for a fireplace that was located in a residence. The homeowner had problems with her furnace and water heater shortly after the gas line was installed. The homeowner contacted the Fire Department due to a strong smell of gas inside the residence. The Fire Department informed the homeowner that the problem was the poor installation of the gas line, and it was lucky she ·contacted them,. The gas was turned off, and the homeowner was told to have a professional come out as soon as possible. The unlicensed contractor previously received 2 Citations from the Division. This case has been filed with Bountiful City Attorney.

Licensed Contractor was hired to do a remodel project on a residence. When the homeowner questioned the Contractor about the Building Permit, she was told that slie did not need one. The Contractor removed load bearing walls and beams that caused structural damage to the residence. Walls were cracking and separating from ceiling joints, countertops separating from walls, upstairs hallway sinking on one side with a defined slant, ceilings sagging and damage to cabinets. The Building Official was contacted by the Investigator, who went to the residence to see the condition of the home. The Building Official told the homeowner to get another Engineer Company, to submit plans to correct the problems, and find a-new contractor to repair the damage. Charges were filed with Riverton City regarding the

· Building Permit Violation. Other charges may be flied in this case.

3/19/2018

-I

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J..,, Ml'PCH~l,.L., JC.NB~ HJ,S.B. ;H..1"/~~ j\1,1$lsti:m1 AH9mf;1y C£Jncral SEAN O. Re¥~S (U,$.S·, 7%9) \,J\all All@rn1J;1 Ocn@rnl C~mmt;l'eial ~cifo~cHmHml .eilvi~lon He~~r M, W~lla lhdldin~ ?0 Bqx \"~00?2 . ~alt.L!ik~ eiw. u1· a411a.0741 'FelGp~rwe: (S01' ~66~0310

fN ~rHl], \!IA'FfER OF "PME UC,t!}>;SE OF' ACH MAR~Eilil~O INC dlb/11 PEACJ.; OF MIN1' HOUSES TO (:)PJ};ttA TE AS A

~ ' .. CONTRACTOR lN TH~ S'F A iE Of' UTAH

) ) ) ) ) )

S1'IPULATION ANI) (?RJ}Eil

CASE NO. DOPI., 2012~

Constrnctiori Services Commission C'Commiasion") of the Department of Com mere~ of the

State of l,ltil'h stipqlate and agree as follows:

l. Respondeflt a~rn\ls the j1,1risdic1ion cf the Commission a Rd the J)ivigien of

Occi1pallonal an.d Professional Licensing ("Division") over !lcspondonl and ovtir the s1,1bjee1

arnner of this action. Adam Cl11rk Hall is the owner of ACH :vlarkcting,, In~. q/b/a Peace of

Mind Hmiscs, und ii; f1uthorized 10 act as ugent for anc.! ~nter into binding ugret:m~fl\S on bi$half of

ACH Mar:k~ting Inc 4Jb/~ Pe~ce of \II ind Houses. Jn this 3ti~ulation and Ordl3r, lhe tern~

''Re!!pcnd{,lnt" shall rr~enn ,A.CH Marketing Inc ~/b/t:i Peace of Mind Heuties, i:rnd Adam Clark

Hall, individuAlly 11110 colleetively.

J. R~spondent underiaands that l\~spondent hr.s the righ\ to be rnpresentsd by 1Soungel in

this matter and n,espondent's signature below signities that Respondent lrns tlither consuitecl with

an a11onwy qr Respond1Srll wnives RespQndent's right to C(,)unsel in this mutter.

4. Respondent vnderswncJs that Respondent is entitlecl lQ a hearir1g bcfeir.e the

eo1nrnisi:km. i:;ir 0ther Prf!s\ding Cltlicer, at which time Hespcmdtrnt m~y present evidence 011

aoknowl~dges that by executing this docwnent RespC>nd1mt hereby waives th~ riGhl ten htinrin~

and any other rights to which R!:l~pondent may be entitled in conneetlon with said heurin~.

Respondent understands that by signing this doctiment Respondent wniv<;:s ull rishts lo any

administrative and judicial review as set Cu11h in Utah Code l\nn. §§ 630·4-301 1l~rm1gh 63(!.4.

405 1;1nd U\ah Administrative c;;ode RI SJ .{.\.901 thrmigh R l 5 \ .4.CJOi. Respondent and the

IJivision hereby express their intent that this mntter be rnsolved exp~diticn1sly 1hrot1!$h stipulation

a~ cofl~~mpl~t~d in Utah Code Arm. § 6J(l.4. J 02(4).

S. Responder~! waives the right to the imiar.ce 0f a Petition and a Notice of Agency

t\Gtion in this ma~1er.

6. R~sr)ond!ilnt acknowl~clges that this Stiptilution ~rnd (Jrcler, if '1clo~ted by the

Commission and Oivisim~. will be e\assified ~Hl a r:>ublic document. 'fht: Cornrnisi;ir.,m l!!'l~1

l)ivisi9n may release this S1ip1.1l<1tion and Ordi:!r, and will F~lease oth~r infonm1tio11 i!bOlll lhi$

discip\ingiry action against Respor1dent':;; license 10 other persons ;and entiti(ls.

!. Re$pMdent admits the following foc;s Me 1nie·

a. Respondent wns llrst lic(1nsed as a c0n1rnclcH in thi:; Stute of Urnh on or about May 17, 20 l 0.

b. Tax filing rf.;:1Jon.ls frnrn 2012 to 20!5 indicate ih<1t Rc;ipor.dGnl nired

I I

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various unlic~nsed independent contractors to engage ir~ construction a~tivities in the State of Utah for which a contractor license is required. Respondtnt did not provide to DOPL the requested clarifying documentation in order to prove that these independent contractor entities were licensed contra~tors, whf;)n it W()s rcqu!.1~tud of Respondent.

8. R<Jspondont admits that Respondent's conduct described above is lmlt.wfu! co:1chicl

as defined in Utah Code /\nn § 58-55-501(3); and that s11id conduct justifies disciplinary action

against Respondent's license pursuant to Utah Cock Ann.§ 58-1-401(2) (a) and (b). Respondent

understands that the issuance of the Order in this matter is disciplinary action by the Division

against Respondent's license pursuant to Utah Administrativ(l Code R 156-1-102(6) and Utah

Codt: .Ann.§ 58-1-40 I (2). Respondent agrees that an Order shall be entered in this matter as

follows:

( l)

(2)

(J)

Respond~nt shall pay ttn administrative pcmdty of'$ I ,000.00 (one-1ho1.m111d , doll~rs) to the Oivision, p\.Jrsuant to Utah Code Arm. & .58"S5·503, t.lue upon the effective date of this Stipuliition nnd Order and shall immediawly cense and desist from hiring unlicensed persons, companies, or entities to engi\ge in constnrction activities for which a contractor license is required.

Respondent acknowicdgcs that this stipulation only resolves issues 1,..i...·ithin the j\lrisdiction of the Division or 0CCllpatiorial and Professional Licensing. This s1iptil<1tion does not resolve any investigation or action that may be taken by any other Federal or State agency.

Resp911den1'~ iicense sh:'}ll be sLJbject \o a term of preb~tiol'l for a period of two yenrs. Thil period of probation shall commence on the i:iff@ctive dati: of lhis Stipulation <}!ld Order, which is the date the Division Director siJ~ns the Order. During the period of probation, Respond~nt shall be subject to all of the following te1111sand conditions. If the Commission or Division later deems any of tht: conditions unnecessary S\Jch deletions may be m;ide by an amend~d order issw~d unilateniliy by lhc Commission or Division.

a. Respondent shall only hire licensed contractors to net ns contractor or slibcontrnctors in a constn1ction trade requiring licensure or, alternatively employing the persons for wages wherein all payroll taxes, unemployment insurance, ;)nd \\Orkers cornpensatiun insurance is paid.

b Re:;pondent shall provide the Division with \he following doc~rnent:J on a quarterly basis:

(i) a copy of fom1 J3H Employer Contribution Report and Wage List file \.Vith the Dlvi;;ion of Work.force Services; "

(ii) a copy of quarterly reports filed with the fRS and the Utah Sta\e Tax Commission fol' withholdings for employee state and federal income \axes; iind

(iii) an iictive cert\!ica1e of workers compensation insurance.

c. Respondent shall provide the Division with the following documents on an annu;ii basis, or at such other gre"tcr or lesser frequency i'!S determined bv the Commission and Division, for the duration of the Stipu.lation and · Order:

(i) a business income t~tx return for ACH Marketing Inc d/bia Peace of Mind Houses;

(ii) a copy of the \V-J form tiled with IRS;

(iii) copies of any l 099 fonns filed with I RS:

(iv) if requested by the Oivision, a reconciliation of lhe amounts shown 011 the lnX re\ urn 115 paymen\5 tO SllbCOntrf!CIOrS to the \ 099 forms provided;

I I

I

(v) if requested by the Division. a listing of the jobs completed by , I f~espondenl, in which the list should incl1,1c:le the customer's name j

and contact information and a list of ~n1bconlrnctors hired to ! complete the jobs, and !

(\'i) a personnl income tax return fon\dam Clark Hall.

d" Respondent shall muintain an active license at all times during the period of this .:igreement.

e. Respondent sh[ll! immediately notify the Division in writing of any change in Respondent's busim:ss adt.lress"

t"" Respondent shall be responsible ror payment of all costs associated with this Stipulation and Order. Fail life of Respondent to pay the costs tissociated with this Stip11lotion ::rnd Order constitutes a violation of this Stipulation ~nd Order.

9. This Stipulation and Order, upon approval by the Commission and Division

Director. shall be the final compromise and settlement of this non-criminal administrative matter

Respondent acknowledges that the Commission 11nd Director are not required to accept the terms

of this Stipulation and Order and that if the Commission or Director does not do so, this

Stipul!llion and the rq1resentations conwined therei;i :ihnll be null and void. except that the

Commission, Director, and the Respondent waive any claim of bias or prejudgment Respondent

might have with regard to the Commission and Director by virwe of his having reviewt:d this

Stipulation, and this waiver shall survive such nullification.

\ 0. Respondent agrees lo abide by and comply with all applicable federal and slate

laws, regulations, rules and orders related to the Respondent's :icensed practice. If the Division

files a Petition alleging that Respondent hns engaged in new misconduct or files an Order 10

Show Caw::;e Petition alleging that Respondent has violated any of the terms and conditions

contained in this Stipulation and Order, the period of Respondent's probation shall be tolled

during the period that the Petition or Order to Show Cause Petition has been filed and is

unresolved.

11. This document constitules the entire agreement between the panies and

supersedes and cancels any and all prior negotiations, representations, understandings or

agreements between the parties regarding the subject of this Stipulation and Order. There are

no verbal agreements that modify, interpret, construe or affect this Stipulation. Respondent

agrees not to take any action or make any pt;l1!ic statement, that creates, or tends to create, the

impression that any of the matters set forth in this Stipulation and Order ure without factual

basis. /\public statement includes statements to one or more Commission or Board members

" ..)

- '

during a meeting of the Commission or Board. Any such action or statement shall be

considered a violation of this Stipulation and Order.

l 2. The terms and conditions of this Stipulation and Order becorne effective

immediately upon the approval of this Stipulation and signing of the Order b)' rhe Commission

ancl Division Director. Respondent must comply with all the terms and conditions of this

Stipulation Immediately following the Comrn\ssion and Division Director's signing of the Order

page of this Stipulation '1nd Order. Respondent shall complete all the terms and conditions

contained in the Stipulation and Order i:i a timely manner. lf a time period !'or completion of a

tenn or condition is not specifically set fo:-th in the Stipulation and Order, Respondent agrees that

the time period for completion of that term or condition shall be set by the Commission. Failure

to cor;iplete a term or condition in a timely manner shall constitute a violation of the Stipulation

and Order and may subject Respondent to revocation or other sanctions. Respondent understands

that failure to comply with this Order may subject Respondent to a civil penalty of up to $2,000

·(two-thoqsand dollars) for ench day the order is violated pursuant to Utah Code Ann. § 58-1-

503( I).

13. Respondent lmderstands th:-it the cisciplinnry action taken by the Divisio1i in this

Stipulaiion and Order may adversely affect any license that Respondent ma)' possess in <mother

state or any application for Ii censure Respondent may submit In another state.

14. lf Respondent violates any term or conditiQn of this Stipulation and Order, the

Commission may take action 11gainst Rcspond<!nl, including imposing 1:1ppropr!atc sanction, in

the m<inncr provided by law. Such sanction may include revocation or suspension of

Respondent's liL:ense, or other ttppropriate sanction.

6

15. Respondent shr:ll practice cnly under Respondent's name as set forth in the

t:aption of this Stipulfltion and Order. l f R0spondenl intends to practice under iln; other nurnc,

then, prior to practlcing under any other n:imc, Respondent shed! inforrn the Division in writing,

;md Rcspond<mt and the Div!sion shall cnt\Jr into an Amended Stij:lulation and Order. which

consists or the new name Respondent intends to practice under, along with nll the same limns

and conditions in the original Stipulution nnd Order.

16. Respondent ha~ read each and every paragrnph c.:ontained in this Stipulcllion and

Order. Respondent understan<ls each and every paragraph contained in this Stipulation and

Order. Respondent has no questions about any pi!fflf$roph or provision contained in lhis

Stipulation and Order.

7

DIVJS!ON OP OCCUPATIONAL & PROP88SIONAL LICENS!NO

f.h1rcm1 Monnger

SEAN D. REYES UTAH AiTOR;'IEY GENERAL

BY:_~ L. MITCHELL JONES Counsel for the Division

RESPONDENT

Oi?.DER

THE ABOVE STIPUL/'. Tl ON, in the m11tter ol' ACY-f MAUJ<~Tf N{; !Nl! d/b)n

PEACE OF MIND HOlJSES, is hereby <ipproved by the Construction Services Commission,

and constitutes its Findings of Fact and Conclusions of Law in this maner. The issuance of th ls

Order is disciplinary action pursuant to Utah Administq~tive Cnde R 156-1-102(6) and Utah Code

1\nn. § 58-l-40 I (2). The terms and conditions ol' the Stipulation are incorporated herein and

constilute the Commission's final Order in this case.

DATED this __ day of_~- ------~. '2018.

·-·-·-~. -----------CONSTRUCTlON SERVICES COMMISSION Represcntativl.!

I concur with the ab()ve Stipulation and Order, which the Construction Services

Commission has approved.

\)!\TED this ____ -·-·· d;;ix of _____ ---··-·---~-·--· , 2018.

D!V1SION OF OCCUP/\TIONAL 1\NI')

PROFESSIONAL UCENSfNG

MARK B. STt;:JNAGf:'.L Director or W. RAY \Vt\LKER Director's Designee

I I J [_ ___ _

/

L. MITCHELL JONES (U.S.B. 5979) Assistant Attorney General · SEAN l). }\EYES (U.S.B. 7969) . l]tah Attorney General Commercial Enforcement l)ivision Heber M. Wells Building PO Box 140872 Salt Lake City, UT 84114-6741 Telephone: (801) 366-0310

Date: 0312oi20·1s

Receipt Number: 7287282 & A.mount Pa!ct: if2,000.00

c;El· ·E:U &( I; '"' MAR 2 0 20\8

occUPATIONAL 01v1s10NSOSF\ONAL LICENSING & PROFE .

IN THE MATTER OF THE LICENSE OF GQOD CONCRETE, LLC

) ) ) ) )

STIPULATION AND ORDER

CASE NO. DOPL 2018- L..j] TO OPERA TEAS A CONTRACTOR

·IN TH;E STATE OF UTAH

GOOD CONCRETE, LLC ("Respondent") and the Construction Services Commission

('.'Commission") of the Department of Commerce of the State of Utah stipulate and agree as .

follows:

1. Respondent admits the jurisdiction of,the Commission and the Division of

Qccupational and Professional Licensing ("Division") over Respondent and over the subject

matter of this action. Carmelita Martinez Hastings and Shawn Keith Hastings are owners of

Good Concrete, LLC, and are authorized to act as agents for and enter into binding agreements

on behalf of Good Concrete, LLC. In this Stipulation and Order; the term "Respondent" shall I

mean Good Concrete, LLC, Carmelita Martinez Hastings, and Shawn Keith Hastings,

individually and collectively.

2. Respondent acknowledges that Respondent enters into this Stipulation knowingly and

voluntarily.

1

j

I

I, I

' I I~ I

3, Respondent understands that Respondent has the right to be represented by counsel in

this matter .and Respondent's signature below signifies that Respondent has either consulted with

• an attorney or Respondent waives Respondent's rjght to counsel in this matter.·

4. Respondent understands that Respondent may be entitled to a hearing before the

Commission, or other Presiding Officer, at which time R~spondent may present evidence on

Respondent's own behalf, call witnesses, and confront adverse witnesses. Respondent

acknowledges that by executing this document Respondent hereby waives the right to a hearing

and any other rights to which Respondent may be entitled in connection with said hearing.

Respondent understands that by signing this document Respondent waives all rights to any

administrative and judicial review as set forth in Utah Code Ann.§§ 630-4-301through630-4-

405 and l)tah Administrative Code R151-4-901 through R151-4-:907. Respondent and the

Division hereby express their intent that this matter be resolved expeditiously through stipulation

as contemplated in Utah Code Ann. § 630-4-102( 4).

5. Respondent waives the right to the issuance of a Pet.ition and a Notice of Agency

Action in this matter.

6. Respondent acknowledges that this Stipulation and Order, if adopted by the

Commission and Division, will be classified as a public docutirent. The Commission and

Division may release this Stipulation and Order, and will release othe.r information about this

c:lisciplinary action against Respondent's license to other persons and entities ..

7. Respondent admits the following facts are true:

a. Respondent was first licensed as a contractor in the State of Utah on or about Fel:>ruary 10, 2012.

2

i

1.

b. Previously, Respondent had hired an unlicensed contractor on multiple ·occasions during 2013 to engage in construction trades in the State of Utah for which a license is required. Respondent voluntarily cooperated with the Division on a first-offense resolution of Stipulation and Order #2015-582; which included a $1,000 administrative fine, a cease and desist from hiring unlicensed parties, and a two-year probationary periQd.

c. Recently, Respondent had paid its qualifier as a 1099 laborerthroughout 2015 and 2016, rather than as a W-2 employee as· appropriate. That qualifier did not own 20% or more of the Respondent company as required

·by law.· This is a second-offense of hiring an unlicensed contractor on multiple occasions to engage in construction trades in the State of Utah for which a license, is required. ·.

8. Respondent admits thatResporident's conduct described above is unlawful conduct

as defined in Utah Code Ann§ 58-55-501(3); and that said conduct justifies disciplinary action

against Respondent's license pursuant to Utah Code Ann.§ 58-1-401(2) (a) and (b). Respondent - . •' . .

understands that the issuance Of the Order in this matter is disciplinary action by the Division

against Respondent's license pursuant to Utah Administrative Code R156 .. 1-102(6) an,d Utah

Code Ann .. § 58-1-401(2). Respondent agrees that an Order shall be entered in this m~tter as

follows:

(1) Respondent shall pay a second-offense administrative penalty of $2,000.00 (twothousand dollars) to the Division, pursuant to Utah Code Ann. § 58-55-503, due upon the effective date of this Stipulation and Order. Respondent shall immediately cease and desist froni hiring unlicensed persons, companies, or entities to engage in construction activities for which a contractor license is required~ · . fO'•c.\ ~ J ~ ( :;tO\ 1f . · · . .

.(2) ·Respondent acknowledges that this stipulation only resolves issues within the jurisdiction of the Division of Occupational and Professional Licensing. This stipulation does not resolve any investigation or action that may be taken by any other Federal or State agency.

(3) Respondent's license shall be subject to a term of probation for a period of two years. The period of probation ~µall commence on the effective date of this Stipulation and Order, which is the date the Division Director signs the Order. During the period of probation, Respondent shall be subject to all of the following

3

terms and conditions. If the Commission or Division later deems any of the conditions unnecessary such deletiohsmay be made by an amended order issued unilaterally by the Commission or Division.

a. . Respondent shall hire only licensed contractors to act as contractor or subcontractors in a· construction trade requiring licensure or, alternatively · employing ,the persons for wages wherein all payroll taxes, unemployment insurance~ and workers compensation insurance is paid ..

b. ' Respondent shall contact the Division compliance specialist, Kim Quach, at 801-530-6316 within two weeks of the Director signing this stipulation. Respondent shall provide the Division with the following documents on a

. quarterly basis:

(i)

(ii)

. (iii)

I

a copy ofJorm 33H Employer Coritribution Report and Wage List file wit!} the. Division of Workforce Services;

a copy of quarterly reports filed with the IRS and the Utah State Tax Commission for withholdings for employee state and federal. income taxes; and

an active certificate ofworkers compensation insurance .

c. Respondent shall provide the Division with the following documents on an annual basis, or at such other greater or lesser frequency as determined by the Commission and Division, for the duration of the Stipulation and Order:

(i) a business income tax return for Good Concrete, LLC;

(ii) a copy of the W-3 form filed with IRS;

(iii) copies of any 1099 forms filed with· IRS;

(iv) if requested by the Division, a reconciliation of the am,ounts shown on the tax return as payments to subcontractors to the 1099 forms provided;

, I

(v) if requested by the Division, a listing of the jobs completed by Respondent, in which the list should include the customer's name and contact information and a list of subcontractors hired to complete the jobs; and

4

; .

d.

e.

f.

(vi) personal income tax returns for both Carmelita Martinez ·Hastings ·and Shawn Keith Hastings.

Respondent shall maintain an active license at all times during the period of this agreement. ·

Respondent shall immediately notify the Division in writing of any change in Respondent's business address.

Respondent shall be responsible for payment of all costs associated with this Stipulation and Order. Failure ofRespondent to pay the c9sts associated with this Stipulation and Order constitutes a violation of this Stipulation and Order.

9. This. Stipulation and Order, upon approval by the Commission and Division

Director, shall be the final compromise and settlement of this non-criminal administrative matter.

Respondent acknowledges that the Commission and Dire.ctor are not required to accept the terms


Stipulation and the representations contained therein .shall be null and void, except that the

.Commissi~n, Director, and the Respondent waive any Claim of bias or prej~dgment Respondent

. might have with regard to the Commission and Director by virtue of his having reviewed this

Stipulation; and this. waiver shall survive such nullification.

10. Respondentagrees to abide by and comply with all applicable federal and state

laws, regulations, rules and orders related to the Respondent's licensed practice. If the Division

files a Petition alleging that Respondent has engaged i.n new misconduct or files an Order to

Show Cause Petition alleging that Respondent has violated ahy of the terms and conditions

contained in this Stipulation and Order, the period of Respondent's probation shall be tolled

during the period that the Petition or Order to Show Cause Petition has been filed arid is

unresolved.

11. This document constitutes the entire agreement between the parties and

5


agreements between the parties regarding the subject of this Stipulation and Order. There are . . .

no verbal agreements that modify, interpret, construe or affect this Stipulation. Respondent

agrees not to ta~.e any action or make arty pubHc statement, that creates, or tends to create, the ·

impression that any of the matters set forth in this Stipulation and Order are without factual

basis. A public statement includes stateme'nts to orie or more Commission or Board members

during a meeting of the Commission or Board. Any such action or statement shalJ be


12. The terms and conditions of this Stipulation and Ordet become effective

immediately upon the approval of this Stipulation and signing of the Order by the Commission

and Division Director. Respondent must comply with all the terms and conditions of this

Stipulation immediately following the Commission and Division Dire¢tor's signing of the Order

page of this Stipulation and Order. Respondent shall complete all the ~erms and conditions

contained in the Stipulation and Order in a timely m~I1ner. If a time period for ~ompletion ?fa

ter~ or condition is not specifically set forth in the Stipulation and Order, Respondent agrees that

the time period for completion of that term or condition shall be set by the Commission. Failure . .

to complete a term or condition in-a timely ma!mer shall constitute a violation ofthe Stipulation

. .

and Order and may subject Respondent to revocation or other sanctions. Respondent understands.

_that failure to comply with this Order may subject Respondent to a c'ivil penalty of up to $2,000

(two-thousand dollars) for each day the order is violated pursuant to Utah Code Ann. § 58-1-

503(1). .

13. Respondent understands that the disciplinary action taken by the Division in this

6

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' I.

Stipulation and Order may adversely affect any license that Respondent may possess in another

state or any applicati_on for licensure Respondent may submit in another state.

14. If Respondent violates any term or condition of this Stipulation and Order, the

Commission may take action against Respondent, including imposing appropriate sanction, in

the manner provided by law. Such sanction may include revocation or suspension of

Respondent's license, or other appropriate sanction.

15. Respondent shall practice only under Respondent's name as set forth in the

caption of this Stipulation and Order. If Respondent intends to practice under any other name,

then, prior to practicing under any other name, Respondent shall inform the Division in writing,

and Respondent and the Division shall enter into an Amended Stipulation and Order, which

consists of the new name Respondent intends to practice under, along \Vith all the same terms

and conditions in the original Stipulation and Order.

16. · Respondent has read each and every paragraph contained in this Stipulation and

Order. Respondent understands each and every paragraph contained in this Stipulation and

Order. Respondent. has no questions about any paragraph or provision contained in this


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l.

' DIVISION OF OCCUPATION AL & PROFESSIONAL LICENSING

;J -~ BY:!MV~ C SROG

. Bureau Manager ·

DATE:. 03/Z, l l ~Ol ~ SEAN D. REYES VTAH ATTORNEY GENERAL

·sv:~~~ · L MITCHELL ~ES---=-:::; Counsel for: ~vi:

DATE: ze ~rr· ·

RESPONDENT

By :~~_:_:_y;..J,N!.~L.!!..t-__1_~~..:___r~.ir-CARMELITA MARTINEZ HA T

DATE: s~' 1 ~ 15

DATE:

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' I

' I I

I

I I

. !

ORDER

. .

THE ABOVE STIPULATION, in the matter of GOOD CONCRETE, LLC, is hereby

approved by the Construction Services Commission, and constitutes its Findings of Fact and

Conclusions of Law in this matter. The issuance of this Order is disciplinary action pursuant to

Utah Administtative Code R1~6-1-102(7) and Utah Code A~n. § 58-1-401(2). The terms and

conditions of the Stipulation are incorporated herein and constitute the Commission's final Order

in this case.

DATEDthis ____ dayof ____________ ,2018.

CONSTRUCTION SERVICES COMMISSION Represen~ati ve

I concur with the. above Stipulation and Order, which the Construction Services .

Commission has approved. ·

DATEDthis ____ dayof ___________ ,2018.

DIVISION OF OCCUPATION AL AND PROFESSIONAL LICENSING

MARK B. STEINAGEL Director or

. W. RAY WALKER Director's Designee

CERTIFICATE OF SERVICE

I hereby certify that on the ~~day of , 2018 a true and correct copy of the foregoing STIPULATION AND ORDER was served on the parties of record in this proceeding by mailing a copy thereof, properly addressed by first class mail with postage prepaid, to the following:

GOOD CONCRETE LLC 447 N 650 W AMERICAN FORK UT 84003

Kim Lesh Administrative Secretary

I " Division of Occupational

I

and Professional Licensing !

' I

L. MITCHELL JONES (U.S.B. 5979) Assistant A ttorney General SEAN D. REYES (U.s.B . 7969) Utah Attorney General Commercial Enforcement Division Heber M. Wells Building PO Box 140872 Salt Lake City, UT 84114-6741 Telephone: (801) 366-0310

THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING OF THE DEPARTMENT OF COMMERCE

OFTHESTATE OF UTAH

IN THE MATTER OF THE LICENSE OF SLEEK PAINTING, LLC STIPULATION AND ORDER TO OPERATE AS A CONTRACTOR CASE NO. DOPL 2018IN THE STATE OF UTAH

SLEEK PAINTING LLC ("Respondent") and the Construction Services Commission

("Commission") of the Department of Commerce of the State of Utah stipulate and agree as

follows:

1. Respondent admits the jurisdiction of the Commission and the Division of

Occupational and Professional Licensing ("Division") over Respondent and over the subject

matter of this action. Anthony Carl Colwell is the owner of Respondent Company and is

authorized to act as agent for, and enter into binding agreements on behalf of, Respondent

Company. In this Stipulation and Order, the term "Respondent" shall mean both Sleek Painting,

LLC, and Anthony Colwell, individually and collectively.

1

2. Respondent acknowledges that Respondent enters into this Stipulation knowingly and

voluntarily.

3. Respondent understands that the Respondent has the right to be represented by counsel

in this matter and Respondent's signature below signifies that Respondent has either consulted

with an attorney or Respondent waives their Respondent ' s right to counsel in this matter.

4. Respondent understands that the issuance of a license pursuant to this Stipulation and

Order is a partial denial of licensure, and Respondent hereby waives the right to any

administrative review of that partial denial of licensure. Respondent understands that by signing

this document Respondent waives all rights to any administrative and judicial review as set forth

in Utah Code Ann. §§ 63G-4-30 I through 63G-4-405 and Utah Administrative Code R 151-4-90 I

through R I 51-4-907.

5. Respondent and the Division hereby express their intent that this matter be resolved

expeditiously through stipulation as contemplated in Utah Code Ann. § 63G-4-1 02( 4).

6. Respondent acknowledges that this Stipulation and Order, if adopted by the

Commission and Division, will be classified as a public document. The Commission and

Division may release this Stipulation and Order, and will release other information about this

disciplinary action against Respondent's license to other persons and entities.

7. Respondent admits the following facts are true:

a. Respondent first applied for initial licensure as a contractor in the State of Utah on or about February 28, 2018

b. On or about June 24, 1997, Respondent pleaded guilty to one count of attempted theft of a firearm, a yd degree felony, in the Second District Court, Slate of Utah, Case No. 971700023

2

c. On or about April 17, 1998, Respondent pleaded Ity to one count of attempted aggravated murder capital (402 amended) to a JSI in the Second District State of Utah, No. 96190 I

d. On or about April 17, 1998, Respondent pleaded guilty to one count of purchase/possession of a dangerous weapon, a 2nd felony, in Second District Court, State of Utah, No. 961901

e. On or about March 5, 2001) Respondent pleaded guilty to one count of assault by prisoner, a Jfd degree felony, in the Eighth District Court, State of Utah, No. 0118000 I 0

f. On or about April 18,2016, Respondent pleaded guilty to one count of driving under the influence of alcohol/drugs, a class B misdemeanor, in the Davis County Court, State of Utah, 165003428.

8. Respondent admits that Respondent's conduct described above in paragraph 7(f), is

unprofessional conduct as defined in Utah Ann. § 1-50\(2)(c) and . 5 5-502(1)

that said conduct justifies disciplinary action Respondent pursuant to Utah Ann. §

1-401(2). that the of the Order in this matter is disciplinary

action by the Division against Respondent's license pursuant to Utah Administrative Code RI

1-102(7) and Utah Code Ann. § 1-40 I (2). that an Order shall

in this matter as follows:

(l) Respondent shall be issued a license to practice as a contractor in the State Utah. Respondent's license shall be revoked and the revocation

immediately Respondent's shall be subject to a term of probation for a period of four years. Respondent's license shall be subject to a term of probation commencing on the effective date of this Stipulation and Order, which is the date the Division the Order.

s shall subject to all of the following terms and conditions. If the Commission or Division later of the conditions unnecessary such deletions may be made by an amended order issued unilaterally by the Commission or Division.

a. Respondent contact the Division compliance specialist,

3

Koriann Fausett, at 801-530-6718 within two weeks of the signing this stipulation. ANTHONY CARL COL WELL shall meet with the Commission or a Division representative on a yearly basis or at such other or frequency as detennined the Commission and Division for the duration of the Stipulation and Order.

b. I f ANTHONY CARL COL WELL is WI a criminal by any enforcement jurisdiction, or outside the of Utah, for reason, or should Respondent ANTHONY COLWELL be admitted as a patient to any institution in this state or elsewhere for treatment regarding the abuse or dependence on chemical substance, or for treatment any emotional or psychological disorder,

CARL COLWELL to cause the Division and Commission to notified immediately but no later than 48 hours

event. If ANTHONY CARL at any time during the period of this agreement is and or convicted a criminal of kind including traffic citation, or enters a plea in abeyance to a criminal of any kind, including a pending charge, the Division may take additional action '

ANTliONY CARL COLWELL, including imposing appropriate sanctions pursuant to Utah law. Such sanctions may include revocation or suspension of or

c. Respondent shall maintain an active I at all times during the period of this agreement.

d. ANTHONY CARL COLWELL shall provide to the Division a current criminal history report report) obtained from State of Utah, Department Public Safety or any other state requested by the Division on an annual basis or whenever directed by the Division.

e. ANTHONY shall immediately notify the Division in writing of any in Respondent's residential or business address.

9. This Stipulation and Order, upon approval by the Commission and Division

Director, shall the compromise and of this non-criminal administrative matter. .

4

Respondent acknowledges that the Commission and Director are not required to accept the terms


Stipulation and the representations contained therein shall be null and void, except that the

Commission, Director, and the Respondent waive any claim of bias or prejudgment Respondent

might have with regard to the Commission and Director by virtue of his having reviewed this

Stipulation, and this waiver shall survive such nullification.

10. Respondent agrees to abide by and comply with all applicable federal and state

laws, regulations, rules and orders related to the construction activities. If the Division files a

Petition alleging that Respondent has engaged in new misconduct or files an Order to Show

Cause Petition alleging that Respondent has violated any of the terms and conditions contained in

this Stipulation and Order, the period of Respondent's probation shall be tolled during the period

that the Petition or Order to Show Cause Petition has been filed and is unresolved.

II. This document constitutes the entire agreement between the parties and


agreements between the parties regarding the subject of this Stipulation and Order. There are no

verbal agreements that modify, interpret, construe or affect this Stipulation. Respondent agrees

not to take any action or make any public statement, that creates, or tends to create, the

impression that any of the matters set forth in this Stipulation and Order are without factual

basis. A public statement includes statements to one or more Commission or Board members

during a meeting of the Commission or Board. Any such action or statement shall be


12. The terms and conditions of this Stipulation and Order become effective

5

immediately upon the approval of this Stipulation and signing of the Order by the Commission

and Division Director. Respondent must comply with all the terms and conditions of this

Stipulation immediately following the Commission and Division Director's signing of the Order

page of this Stipulation and Order. Respondent shall complete all the terms and conditions

contained in the Stipulation and Order in a timely manner. If a time period for completion of a

term or condition is not specifically set forth in the Stipulation and Order, Respondent agrees that

the time period for completion of that term or condition shall be set by the Commission. Failure

to complete a term or condition in a timely manner shall constitute a violation of the Stipulation

and Order and may subject Respondent to revocation or other sanctions.

13. If Respondent violates any term or condition of this Stipulation and Order, the

Commission may take action against Respondent, including imposing appropriate sanction, in

the manner provided by law.

14. Respondent understands that the disciplinary action taken by the Division in this

Stipulation and Order may adversely affect any license that Respondent may possess in another

state or any application for licensure Respondent may submit in another state .

15. Respondent shall practice only under Respondent's name as set forth in the

caption of this Stipulation and Order. I f Respondent intends to practice under any other name,

then, prior to practicing under any other name, Respondent shall inform the Division in writing,

and Respondent and the Division shall enter into an Amended Stipulation and Order, which

consists of the new name Respondent intends to practice under, along with all the same terms

and conditions in the original Stipulation and Order.

16. Respondent has read each and every paragraph contained in this Stipulation and

6

Order. Respondent understands each and every paragraph contained in this Stipulation and

Order. Respondent has no questions about any paragraph or provision contained in this


DIVISION OF OCCUPATIONAL & RESPONDENT PROFESSIONAL LICENSING

BY:.~~~ ANTHONY C

DATE: 03 \ 2.:z. \ '2.-' g-

SEAN D. REYES UTAH ATTORNEY GENERAL

BY:_____---=-=--=-=-==__L. MITCHELL JONES Counsel for the Division

DATE: ______________

DATE: ~/!rj/lf I (

7

ORDER

THE ABOVE STIPULATION, in the matter ofSLEEK PAINTING, LLC, is hereby

approved by the Construction Services Commission, and constitutes its Findings of Fact and

Conclusions of Law in this matter. The issuance of this Order is disciplinary action pursuant to

Utah Administrative Code R 156-1-1 02(7) and Utah Code Ann. § 58-1-401 (2). The terms and

conditions of the Stipulation are incorporated herein and constitute the Commission's final Order

in this case .

. DATED this ____ day of_--'••t ________ , 2018.

CONSTRUCTION SERVICES COMMISSION Representati ve

I concur with the above Stipulation and Order, which the Construction Services

Commission has approved.

DATED this ____ day of ____________,2018.

DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING

MARK B. STEINAGEL Director or W . RAY WALKER Director's Designee

the contractor signed a · unlicensed contractor has been taking money from homeowners without...

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