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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 Subsequently, it had been revoked on February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.

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