nelson gaston flores, an individual, respondent - State of Oregon

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BEFORE THE PLUMBING BOARD OF THE STATE OF OREGON
IN THE MATTER OF:
)
) AMENDED ) NOTICE OF PROPOSED
) ASSESSMENT OF A CIVIL PENALTY
NELSON GASTON FLORES, AN INDIVIDUAL, ) AND FINAL ORDER ON DEFAULT
) NOTICE OF PROPOSED
) CASE NO. ASSESSMENT 2008-0232 OF A CIVIL PENALTY
RESPONDENT )
)
)
)
CASE NO. 2004-0291
Pursuant to ORS 455.895(1)(a) and OAR 918-001-0036, the Plumbing Board proposes to impose
a civil penalty against Respondent, Nelson Gaston Flores, in the amount of $3,000.
HISTORICAL BACKGROUND
On July 17, 2006, the Board entered a Default Order against Respondent in case #2006-0262,
and assessed a $1,000.00 civil penalty. In that case, Respondent made a plumbing installation
without an Oregon journeyman plumber’s license.
On September 16, 2008, a copy of Citation for Licensing or Registration Violation
number 03244 was served on Respondent in person by Paul V. Persson, Enforcement Officer,
Building Codes Division, Oregon Department of Consumer and Business Services. Because
Respondent is a repeat violator, the Division is amending the citation in order to impose the
proper civil penalty.
Because the Board issued an adverse order to Respondent prior to the date Respondent
committed the alleged violations in this case, the Board is proposing elevated civil penalties in
accordance with its Penalty Matrix that was adopted on January 1, 2003.
FINDINGS OF FACT
1. At all relevant times, Delta Plumbing, Inc., was a licensed Oregon plumbing business
holding license number PB562.
2. At all relevant times, Gabriel Florin Bogdan was a corporate officer of Delta Plumbing,
Inc., was a licensed journeyman plumber holding license number 6317JP, and was admittedly
responsible for the work being performed by Delta Plumbing, Inc.
3. On September 16, 2008, at 454 S Hwy 101, Rockaway Beach, Oregon, Respondent was
assisting with the plumbing installations for the residence and was observed pulling blue PEX
tubing through the ceiling joists, for which a journeyman plumber’s license is required under
ORS 693.030(1).

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CONCLUSIONS OF LAW
1. Pulling PEX tubing through the ceiling joists, as set forth in the Findings of Fact above, is
a plumbing installation under ORS 447.010(6).
2. By making a plumbing installation without a valid Oregon journeyman plumber’s license,
as outlined in the Findings of Fact, Respondent violated ORS 693.030(1).
ORDER
Pursuant to ORS 455.895(1)(a) and OAR 918-001-0036, the Plumbing Board finds
Respondent violated ORS 693.030(1), and is assessed a $3,000 civil penalty.
NOTICE OF RIGHT TO HEARING
Respondent is entitled to a hearing as provided by the Administrative Procedures Act,
Oregon Revised Statutes, Chapter 183. If Respondent wishes to receive a hearing, Respondent
must file a written request for a hearing with the Board no later than 20 days from the date of
service of this notice. If a request for hearing is not received within the 20-day period,
Respondent’s right to a hearing shall be considered waived unless the failure to request a hearing
was beyond Respondent’s reasonable control. Hearing requests shall be mailed to Building
Codes Division, Enforcement and Licensing Section, PO Box 14470, Salem, Oregon, 97309.
Respondent has the right to be represented by legal counsel. ORS 183.457 provides that a
corporation may be represented by an authorized representative at the hearing. If Respondent
requests a hearing the Board and Director will notify Respondent of the time and place of the
hearing. The Board and Director will give Respondent information on the procedures, right of
representation and other rights of parties relating to the conduct of the hearing before
commencement of the hearing.
NOTICE OF FINAL ORDER
If Respondent does not request a hearing within 20 days, this citation will become a final order,
effective 21 days after it was served on Respondent. If Respondent does not request a hearing or
fails to appear at a scheduled hearing, the Division’s file on the matter becomes record.
Respondent is entitled to judicial review of this order. Judicial review may be obtained by filing
for review within 81 days from the date this order was served. Judicial review is pursuant to the
provisions of ORS 183.482 to the Court of Appeals.
Dated this _____day of __________________, 2008
_________________________________________________
Chairman
Plumbing Board
State of Oregon