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ALJ revokes PHC Builders' license; Iconic Landscape cleared of participation
Summary
The ALJ found Premier Home Construction, Inc. dba PHC Builders in violation of all allegations and ordered immediate revocation of license 64079; Iconic Landscape and Development, Inc. (Charlene Paiement) was found not to have participated and will receive no discipline.
Administrative Law Judge Noah Allison ordered the immediate revocation of Premier Home Construction, Inc. dba PHC Builders’ contractor license after finding PHC in violation of all allegations in multiple cases continued to the April 22 hearing.
Allison stated that PHC’s license number 64079 is revoked and that “minimal fines will be assessed in the Decision and Order” because of the quantity of allegations; the transcript indicates those exact fine amounts will be specified in the forthcoming Decision and Order (amounts not specified in the hearing transcript). The ALJ also found that because the Board failed to prove participation by Iconic Landscape and Development, Inc., no discipline will be assessed against that entity and Charlene Paiement need not be removed from Iconic Landscape’s license; however, Christopher Bacon is to be removed from Iconic Landscaping license information.
The ALJ addressed a bankruptcy-stay argument, finding that government regulatory action to protect public health and safety is not stayed under the cited statutes; the ALJ referenced NRS 624.005 and 11 U.S.C. 362 provisions when explaining that the automatic stay does not apply to government regulatory proceedings.
Board Counsel and respondent counsel presented arguments and testimony, including sworn testimony from respondent Christopher Alan Bacon and homeowner complainant Robert Malone. The Decision and Order will be issued in the coming weeks and will set the precise amounts of fines, fees and costs to be assessed.
