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Home My WebLink AboutBLD2006-01851 NOTICE OF HEARING S.TIFg(d 062 i ?6l BEFORE THE NORTH CAROLINA LICENSING BOARD FOR GE> a I'IRACTORS Complaint File No. 06 C 374 In the Matter Of: ) SCOTT CURTIS CONSTRUCTION, CO., ) INC., AND ) PAUL SCOTT CURTIS, ) AS QUALIFIER ) (LICENSE NUMBER 43317) TO: Scott Curtis Construction, Co., Inc. Paul Scott Curtis, President and as Qualifier P.O. Box 1003 Granite Falls, NC 28630 -1003 2Da8 ,4.tiN — l P l- 4 S tt F j ;U Dli.:.it�7F T.C.. Lt��: T�S� n-rfliln i �ltry— NOTICE OF HEARING Paul Scott Curtis Registered Agent for Scott Curtis Construction, Co., Inc. 147 North Main Street Granite Falls, NC 28630 TAKE NOTICE that on February 13, 2008, at 9:00 am., and continuing on February 14, 2008, the North Carolina Licensing Board for General Contractors ( "Board "), pursuant to G.S. § §87 -11 and 150B -38, will conduct a hearing at the Board's offices located at 3739 National Drive, Suite 200, Cumberland Building, Glenwood Place, Raleigh, North Carolina 27612, to determine whether or not Scott Curtis Construction, Co., Inc. ( "Respondent licensee ") has violated G. S. §87- 11(a), which provides that the Board "shall have the power to refuse to issue or renew or revoke, suspend, or restrict a certificate of license or to issue a reprimand or take other disciplinary action if a general contractor licensed under this Article is found guilty of any fraud or deceit in obtaining a license, or gross negligence, incompetency, or misconduct in the practice of his or her profession, or willful violation of any provision of this Article." In addition, the hearing will also be conducted to determine whether or not Paul Scott Curtis ( "Respondent qualifier") has violated G.S. §87- 11(a), which provides that "[t]he Board shall also have the power to revoke, suspend, or otherwise restrict the ability of any person to act as a qualifying party for a license to practice general contracting, as provided in G.S. §87- 10(c), for - - any copartnership, corporation or any_ other_ organization or combination, if that person committed any act in violation of the provisions of this section and the Board may take disciplinary action against the individual license held by that person." The Board will also conduct the hearing for the purpose of receiving evidence and determining if sufficient evidence, as then shown, shall warrant discipline as well as the imposition of its reasonable administrative costs associated with the investigation and prosecution of a violation of Article 1, Chapter 87 of the General Statutes or the rules or regulations of the Board up to a maximum of five thousand dollars ($5000) as authorized by G.S. §87- 11(e). The specific factual allegations are: 1. On November 20, 1998, Respondent licensee was issued an unlimited building license, License No. 43317. The license was last renewed on January 1, 2008 and is currently active. Paul Scott Curtis is President of and the qualifier for Respondent licensee. Paul Scott Curtis is also the registered agent for Respondent licensee. 2. On or about June 21, 2006, Respondent licensee entered into a contract with Nancy Galli ( "Galli ") to furnish all labor and materials to remodel Galli's single family dwelling at 2564 Birdie Lane in Conover, North Carolina at a price of cost plus 15 %. The cost was estimated at $100,000.00 ( "Galli construction project "). 3. Respondent licensee subsequently undertook the Galli construction project without obtaining a building permit, a violation of G.S. 153A -357 and North Carolina Administrative and Enforcement Requirements Code, 2002 Edition, Section 301.1. 2 4. Respondent licensee violated Section 301.1 of the North Carolina State Building Code, Residential, 2002 Edition, during the construction of the Galli construction project in that no engineering was provided to substantiate whether the LVL beam, in the kitchen/dining area, was capable of carrying the loads imposed. The beam carried both floor and roof load from the second story and the ends of the LVL were notched, compromising the structural integrity. The bearing of the beam on the interior column created an unsupported point load on the floor framing below. 5. On September 29, 2006, Galli filed a complaint against Respondent licensee with the Board, File No. 06 C 374. 6. On December 21, 2006, Respondent licensee falsely answered "no" to question no. 3 of its 2007 license renewal application by failing to disclose that the company was under investigation pursuant to the complaint, File No. 06 C 374. 7. The actions of Respondent licensee, as described above in paragraph 3, constitute misconduct in the practice of general contracting, in violation of G.S. ' §87- 11(a). 8. The actions of Respondent licensee, as described above in paragraph 3, are directly attributable to and/or were committed by Respondent qualifier and constitute misconduct in the practice of general contracting, in violation of G. S. §87- 11(a). 9. The actions of Respondent licensee, as described above in paragraph 4, constitute gross negligence, incompetency, and/or misconduct in the practice of general contracting, in violation of G. S. §87- 11(a). 10. The actions of Respondent licensee, as described above in paragraph 4, are directly attributable to and/or were committed by Respondent qualifier and constitute gross 3 negligence, incompetency, and/or misconduct in the practice of general contracting, in violation of G.S. §87- 11(a). 11. The actions of Respondent licensee, as described above in paragraph 6, violate G.S. §87 -13 and constitute fraud or deceit in obtaining a license, misconduct in the practice of general contracting, and a willful violation of Article I, Chapter 87 of the General Statutes, in violation of G.S. §87- 11(a). 12. The actions of Respondent licensee, as described above in paragraph 6, are directly attributable to and/or were committed by Respondent qualifier, violate G.S. §87 -13 and constitute fraud or deceit in obtaining a license, misconduct in the practice of general contracting, and a willful violation of Article I, Chapter 87 of the General Statutes, in violation of G.S. §87- 11(a). If the Board finds upon consideration of the evidence that Respondent licensee and/or Respondent qualifier committed fraud or deceit in obtaining a license, committed gross negligence, incompetency, or misconduct in the practice of general contracting, or committed a willful violation of any of the provisions of Chapter 87, Article 1, the Board shall be entitled to recover its reasonable administrative costs associated with the investigation and prosecution of this case up to a maximum of five thousand dollars ($5,000) as authorized by G.S. §87 -1 l(e). At this formal hearing before the Board, you have the right to be represented by counsel at your own expense. You will be given an opportunity to appear and be heard in person and by counsel, to confront the witnesses appearing for the Board, to cross - examine them, and to offer oral and written evidence through yourself and others in your defense as you see fit. Should you plan to introduce any exhibits, please bring with you ten (10) copies, plus one (1) original for the court reporter. You may contact M. Denise Stanford, Board Counsel, Bailey & Dixon, L.L.P., P.O. M Box 1351, Raleigh, North Carolina 27602 -1351, telephone number (919) 828 -0731, extension 157, for further information. If you make a request of the Board to issue subpoenas, please note that pursuant to 21 NCAC 12.0827, the Board may take up to three days to issue subpoenas. Therefore, requests for subpoenas should be sent to the Board as much in advance of the hearing, date as possible. Continuances will be granted only for good cause. Continuances will not be granted less than five (5) days prior to the hearing. Board counsel will not engage in settlement discussions less than 48 hours prior to the hearing. .� This the day of January, 2008. 269696 NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS By: M rS el Yurer ass- Se ry- 5 o ` U.S. Postal Service;r- o .:2 (Domestic Mail Only; No Insurance Coverage Provided) - cz nn M Certified Fee C3 Postmark C3 Return Flac*t Fee D b: 04 M Required) C3 Re M `~~~~--''----^ r- To P os t age & Feek ru Serd .o cz � C3 gr .. ^ ^ = m m (Domestic Mail Only, No Insurance Coverage Provided) r-q For delivery information visit our website at www.usps.com, o m IFn�� H� m Certified Fee M cz � Here C3 (Endorsement Requi M Restricted DeRvery,'," o ( End o r se-^ on Total Postage & Fe.es r ^ m Senff ^o o C3 r ^ ' `' "'``' ^ ' • Complete items 1, 2, and 3. 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