The following describes an enforcement action taken by the Minnesota Department of Labor and Industry. For further information you can contact them directly.
"In the Matter of Elite Home Services of Minnesota, Inc., d/b/a Elite Home Services, Inc., f/k/a Wolverine Windows, Inc., and Allen Vasquez, individually.
Commissioner of Labor and Industry Ken B. Peterson ("Commissioner") has determined as follows:
1. The Commissioner commenced formal action against Elite Home Services of Minnesota, Inc., d/b/a Elite Home Services, Inc., f/k/a Wolverine Windows, Inc. ("Respondent") pursuant to Minn. Stat. 326B.082 and 326B.84 (2014). The Commissioner alleged as follows:
A. Respondent and its principal, Allen Vasquez, engaged in numerous instances of fraudulent, deceptive or dishonest practices in violation of Minn, Stat. 326B,082, subd. 11(b)(1), (8), and 326B.84(2) (2014), and Minn. R. 2891.0040, subps, 1C, 1D, and 1H (2013);
B. Respondent failed to reasonably supervise employees, agents, subcontractors, or sales persons, or has performed in breach of contract, so as to cause injury or harm to the public in violation of Minn. Stat, 326B.082, subd. 11(b)(1), and 326B.84(4) (2014);
C. Respondent and Vasquez engaged in numerous acts and practices that demonstrate incompetence, untrustworthiness, or financial irresponsibility, or that they are otherwise unqualified to act under a license issued by the Commissioner in violation of Minn. Stat. 326B.082, subd. 11(b)(1), (9), and 326B.84(15) (2014), and Minn. R. 2891.0050, subp. 1C (2013);
D. Respondent and Vasquez failed to comply with the provisions of the February 26, 2013 Consent Order in violation of Minn. Stat. 326B.082, subd. 1(b)(1), (5), and 326B.84(5) (2014);
E. Respondent failed to notify the Commissioner, in writing, within 15 days of becoming a judgment debtor in violation of Minn. Stat. 326B.082, subd. 1(b)(1), 326B.805, subd. 5(c), and 326B.84(5) (2014);
F. Respondent failed to reduce all contracts or charge orders to writing in violation of Minn. Stat. 326B.082, subd. 1(b)(1), 326B.809, and 326B.84(5) (2014); and,
G. Respondent provided a response to the Department that was false, misleading or incomplete in violation of Minn. Stat. 326B,082, subd. 11(b)(2), and 326B.84(14) (2014).
2. Respondent and Vasquez acknowledge that they have been advised of their right to a hearing in this matter, to present argument to the Commissioner and to appeal from any adverse determination after a hearing. Respondent and Vasquez hereby expressly waive those rights. Respondent and Vasquez further acknowledge that they were advised of their right to be represented by legal counsel, and that they were represented by Mike Hatch, Esq.
3. Respondent and Vasquez neither admit nor deny the Commissioner's allegations, but have agreed to an informal disposition of this matter without a hearing as provided under Minn, Stat, $ 14.59 (2014) and Minn. R. 1400.5900 (2013).
4. The following Order is in the public interest.
NOW, THEREFORE, IT IS ORDERED, pursuant to Minn. Stat. 326B,082 (2014), as follows:
A. The Licensing Order issued to Respondent on June 18, 2015, is hereby VACATED.
B. Respondent's residential building contractor license, No. BC572481, is REVOKED,
C. Respondent and Vasquez shall CEASE AND DESIST from acting or holding themselves out as residential building contractors, residential remodelers, or residential roofers in the State of Minnesota.
D. Respondent shall cooperate with its customers, their insurance companies, and the Department, to cancel contracts, provide refunds to customers and, where appropriate, confess to civil judgments to allow its customers to make claims to the Contractor Recovery Fund.
E. Respondent SHALL PAY a $51,000 monetary penalty; however, the $51,000 monetary penalty is STAYED so long as Respondent complies with this Consent Order and commits no further violations of any law, rule, or order related to the duties and responsibilities entrusted to the Commissioner. If Respondent fails to comply with this Consent Order or violates any law, rule, or order related to the duties and responsibilities entrusted to the Commissioner, the stay shall be lifted and the $51,000 monetary penalty shall become due and payable, in addition to any other penalty or sanction the Commissioner imposes for said violation(s). Respondent may only challenge the reason for lifting the stay and not the appropriateness of the stayed monetary penalty.
F. Vasquez may work as an employee of a licensed residential building contractor, residential remodeler, or residential roofer; however, Vasquez agrees that he may not be a qualifying person, owner, officer, member, shareholder or managing employee for any licensed residential building contractor, residential remodeler, or residential roofer for a minimum of two years from the date of this Consent Order. After two years, the Commissioner reserves the right to seek the denial of any license application from Vasquez, or any business entity for which he is an owner, officer, member, shareholder, managing employee, or proposed qualifying person, in accordance with the applicable law."