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• registrant or suspend or revoke a registrant's HIC certificate of registration. Id The hearing officer has <br /> the authority and discretion to institute any of these measures. 201 C.M.R..18.03(2). In determining <br /> whether to impose an administrative penalty,the hearing officer shall consider the seriousness of the <br /> violation,the deleterious effect of the violation on the complainant,any good faith on the part of the <br /> contractor or subcontractor,and the contractor's or subcontractor's history of previous.violations. M.G.L. <br /> c. 142A, § 18. <br /> - - - - -- - --- -- - --...-. .__..--._.-..... . <br /> ---- - - - ------ -- - - - - - -- -- <br /> With regard to unjustifiable project abandonment,this hearing officer.assesses an administrative penalty <br /> of$1,000.00.This hearing officer found this violation to be serious and the deleterious effect on the <br /> complainant to be significant because the complainants were left with a substantial portion of the pool <br /> installation incomplete,which operated to their detriment,as a significant portion of the payments <br /> tendered to the respondent could now represent a considerable financial loss.This hearing officer found <br /> no good faith on the part of the respondent, because there is nothing in evidence showing that the <br /> - . respondent hada justifiable reason.for stopping.work on the project This-hearing,offcer-notes,however;---�- <br /> that there is no history of previous violations on the part of the respondent,which slightly mitigated this <br /> administrative penalty. <br /> With regard to the various contract deficiencies,this hearing officer assesses an administrative penalty of <br /> $200.00. This hearing officer found these infractions to be serious because the omitted provisions from <br /> the respondent's contract,had they been included,would have served to educate and inform the <br /> complainants before they entered into the contract.This hearing officer found no good faith on the part of <br /> the respondent,because,as a registered contractor,the respondent is presumed to be aware of the <br /> requirements for the lawful conduct of business in the Commonwealth. This hearing officer notes, <br /> however,that there is no history of previous violations on the part of the respondent,which mitigated this <br /> administrative penalty. <br /> In light of the nature of the violations established by the facts of this complaint,this hearing officer finds <br /> that a six(6)month suspension is also warranted. <br /> Conclusion <br /> Accordingly,IRC registration number 165732 is hereby SUSPENDED FOR SIX(6)MONTHS. The <br /> suspension shall begin on the date of this decision and shall conclude on April 24,2015. The respondent <br /> must immediately surrender his registration to OCABR at: <br /> Office of Consumer Affairs and Business Regulation <br /> - <br /> ---.Home Improvement Contractor-Peogram <br /> Ten Park Plaza,Room 5170 <br /> Boston,MA 02116 <br /> An administrative fine in the amount of ONE THOUSAND TWO HUNDRED DOLLARS($1,200:00) <br /> is hereby assessed against the respondent. This fine shall be paid in the form of a certified check or . <br /> money order made payable to the Commonwealth of Massachusetts. This payment must be made within <br /> thirty(30)days of the date of this decision. Failure to do so may result in the suspension or revocation of <br /> the respondent's certificate of registration and may result in the referral of this matter to the Attorney <br /> General's office for prosecution. Payment shall be mailed to: <br /> Office of Consumer Affairs and Business Regulation <br /> Home Improvement Contractor Program <br /> Ten Park Plaza,Room 5170 <br /> Boston,MA 02116 <br /> Page 6 of 7 <br />