Minutes of June 20, 2000 - Nevada State Contractors Board
Minutes of June 20, 2000 - Nevada State Contractors Board
Minutes of June 20, 2000 - Nevada State Contractors Board
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NEVADA STATE CONTRACTORS’ BOARD MINUTES OF JUNE <strong>20</strong>, <strong>20</strong>00 PAGE 8<br />
James Franklin Shryock, Owner, was not present. Neither legal counsel nor anyone else<br />
was present to represent the Licensee.<br />
Doris Talley, License Management Assistant, was sworn in.<br />
The notice <strong>of</strong> hearing and complaint was entered into the record as EXHIBIT 1.<br />
Mr. Taylor questioned Ms. Talley who testified that a California contractor’s license had<br />
been suspended on September 2,1988. Subsequently, it had been revoked on February<br />
2, 1990, for the issues listed in the complaint. The financial statement did not demonstrate<br />
availability <strong>of</strong> sufficient working capital for the operation <strong>of</strong> a contracting business. A<br />
Chapter 13 bankruptcy had been filed, which had been discharged in 1998. Additionally,<br />
evidence had been received from the California <strong>State</strong> <strong>Contractors</strong>’ <strong>Board</strong> that there had<br />
been a claim paid by the surety bond. Question 5 <strong>of</strong> the license application had been<br />
answered to the contrary. A current financial statement had been requested but had not<br />
been received.<br />
The evidentiary was closed.<br />
MR. CARSON MOVED TO DENY THE LICENSE APPLICATION FOR LACK OF<br />
FINANCIAL RESPONSIBILITY AND MISREPRESENTATION.<br />
MS. CAVIN SECONDED THE MOTION.<br />
THE MOTION CARRIED.<br />
SUMMARY SUSPENSIONS<br />
CASCADE POOLS INC #3<strong>20</strong>65 - SUMMARY SUSPENSION<br />
Gregory Michael Majer<strong>of</strong>f, President, Cascade Pools Inc, was present with legal counsel,<br />
Keith Gregory.<br />
Mr. Lyford, Director, Special Investigations, stated an investigation had been conducted in<br />
regard to Cascade Pools for approximately one year. There were currently eight<br />
workmanship complaints, 13 industry regulation (IR) complaints consisting primarily <strong>of</strong> pool<br />
regulation violations, and 1 criminal complaint. Mr. Lyford said that it was his belief that the<br />
criminal complaint was a continuing criminal activity, and that citizens were being harmed.<br />
Attorney Gregory provided the <strong>Board</strong> with the information that <strong>of</strong> the 8 workmanship<br />
complaints, 7 had been resolved. He said he had letters from the homeowners requesting<br />
that those complaints be withdrawn. Attorney Gregory believed the 13 IR complaints arose<br />
from old contracts that the Licensee had voluntarily provided to the <strong>Board</strong>. The contracts<br />
had since been corrected, and it was his understanding from NSCB Investigator Greg<br />
Welsh that his client was no longer violating those regulations. Attorney Gregory then<br />
spoke to Mr. Majer<strong>of</strong>f’s mortgage company and its current standing with the Commissioner<br />
<strong>of</strong> Financial Affairs, which was that it was in compliance. There were no complaints that<br />
had been filed by the District Attorney. Attorney Gregory stated that there was no evidence<br />
showing that the public health, safety, and welfare was in jeopardy.<br />
More discussion followed regarding the workmanship complaints, the IR’s, the criminal<br />
complaint, and Mr. Majer<strong>of</strong>f’s mortgage company.<br />
Mr. Welsh testified that the current contracts were in compliance. But Mr. Welsh added that<br />
the board <strong>of</strong>fice had received over <strong>20</strong> phone calls requesting complaint forms. The latest<br />
involved a lien that was placed on a home by a subcontractor on a pool that had been<br />
completed. The complainant had supplied Mr. Welsh with a list <strong>of</strong> subcontractors. This<br />
subcontractor who filed the lien was not on the list.