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The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.

On August 21, 2019, South Carolina Department of Labor, Licensing and Regulation ("SCLLR") a hearing was held before Alpha T. Bailey, a Hearing Officer appointed by the Residential Builders Commission (the "Commission"), as a result of the Notice of Hearing and Formal Complaint served upon James G. Swanson, License Number RBS 41749 ("Respondent") on July 17, 2019 and filed with the Commission under Case Number 2018-763.

The Hearing Officer's Recommendation states the Respondent has not complied with the building codes and standards that govern the practice of residential specialty contracting in South Carolina, and the State has met its burden of providing that the Respondent has violated the following statutes:

1. S.C. Code Ann Section 40-59-110 (1976, as amended) by engaging in misconduct in the practice of residential specialty contracting when he performed substandard work on the Subject Property to include improper installation of the structural posts;

2. S.C. Code Ann Section 40-59-240(A) (1976, as amended) by contracting to perform and performing work outside the scope of his specialty registration when he undertook installation of the structural posts;

3. S.C. Code Ann Section 40-59-240(C) (1976, as amended) by failing to obtain a building permit from Saluda Country for the work to be performed on the Subject Property;

4. S.C. Code Ann Section 40-59-240(D) (1976, as amended) by failing to file a surety bond with the Commission where the total cost of materials and labor for Respondent's work on the Subject Property exceeded five thousand dollars.

The Hearing Officer's Recommendation is as follows:

1. Respondent shall pay the following fines for the statutory violations identified in the Conclusion of Law for a total of One Thousand Five Hundred Dollars ($1,500) to be paid within sixty (60) days of the Final Order:

a. Five Hundred Dollars ($500) for the violation of S.C. Code Ann Section 40-59-110 (1976, as amended);

b. Five Hundred Dollars ($500) for the violation of S.C. Code Ann Section 40-59-240(A) (1976, as amended);

c. Five Hundred Dollars ($500) for the violation of S.C. Code Ann Section 40-59-240(C) (1976, as amended);

d. Five Hundred Dollars ($500) for the violation of S.C. Code Ann Section 40-59-240(D) (1976, as amended).

2. In the event that Respondent fails to pay the fines within the designated time period, his registration shall be suspended until such time as all outstanding fines are paid in full.

The Hearing Offer's Recommendation was signed on August 26, 2019 by Alpha T. Bailey, Hearing Officer for the Residential Builders Commission.

On October 9, 2019, the Commission adopted in its entirety, the Hearing Officer's Recommendations. The Final Order was signed on October 11, 2019 by Timothy W. Roberts, Chairman of the Residential Builders Commission.

Hearing Officer's Recommendation and Final Order may be viewed under Respondent's license number of 41749 at http://bbb.org/h/jvv0.