Building Codes Division Electrical and Elevator Board Compliance

							                                                                                         Agenda
                                                                                          Item
                                                                                         III.A.1.
                          Building Codes Division
             Electrical and Elevator Board Compliance Report
                           Compliance Actions
                                      As of 6/1/04
                                                                                2003-0018

                                                      Electrical and Elevator      $0.00
Respondent:
Marca Electric, Inc
Gerald Marca
Portland                        OR

         Complaint Source: Building Codes Division
               Final Action: COMBINED FINAL ORDER
     Compliance Achieved: No
          Type of Violator: Egregious violator
Alleged Violations:
The Electrical and Elevator Board for the State of Oregon adopts and incorporates by
reference the attached Amended Combined Proposed Order dated April 22, 2004,
finding:

The Division hereby revokes the General Supervising Electrician License of Gerald W
Marca, license number 2440S.

The Division hereby revokes the Electrical Contractor's License of Marca Electric Inc.
number 6-43C.

In approving the Amended Combined Proposed Order, the Board has considered the
written exceptions and argument filed by the Respondents on May 19, 2004 and finds
them without merit. Respondents’ request for oral argument on the Amended
Combined Proposed Order is denied.

Other Comments:
On September 16, 2003, the Division served a notice of its intent to revoke the
Electrical Contractor's License, of Marca Electric Inc. and Electrical Signing
Supervisors license of Gearld Marca. The Respondent requested a hearing in these
matters, and on May 22, 2003 the contested hearing was performed. The hearing
combined Division Case #2003-0018 and #2003-0019

On February 9, 2004, a Combined Proposed Order was issued by the Administrative
Law Judge that proposed the revocation of the Electrical Signing Supervisors License
of Mr Marca, but would not revoke or cancel the Electrical Contractor's license of
Marca Electric Inc.
                          Building Codes Division
             Electrical and Elevator Board Compliance Report
                           Compliance Actions
                                     As of 6/1/04

The Division in reviewing the Proposed Order determined the Administrative Law
Judge made a legal error in the interpretation of applying ORS 479.660 in a manner
that is inconsistent with the text and context of the statute and conflicts with ORS
174.100(5). The interpretation dealt with the issuance of a contractor's license to
persons which the Administrative Law Judge interpreted as not meaning a company.
The Amended Proposed Order corrected this error, and result in the
revocation/cancellation of Marca Electric Inc contractors license.

On April 22, 2004, the Amended Proposed Order was approved by the Board, and the
Order sent to the Respondent's attorney for the opportunity to submit written
exceptions. On May 20, 2004 written exceptions to the Amended Proposed Order
were received by the Division.

The Board in approving the Combined Final Order finds the written exceptions to the
Order are without merit, and revokes the General supervising Electrician License of
Gerald W Marca, license number 2440S, and revokes the Electrical Contractor's
License of Marca Electric, Inc. number 6-43C.
End