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Danny’s Doors, LLC

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When a garage door installation and repair company in Morgantown, W.Va., received a ceaseand- desist order in error, they turned to the Governor’s Ombudsman for help.

Kathy Baliker, member of Danny’s Doors LLC, was deeply concerned when she received an order from the Division of Labor to stop all operations due to non-compliance with a five-year wage bond requirement. The bond requirement safeguards employee wages in the event that a company closes in its first five years of existence.

When Sharon Stratton, manager of the West Virginia University Small Business Development Center, heard of Baliker’s quandry, she quickly sent her to Kevin Twohig, the Governor’s Ombudsman.

The Governor’s Ombudsman, located in the Small Business Development Center at the West Virginia State Capitol, serves as the liaison when small businesses need assistance in dealing with state agencies on compliance or enforcement actions. Issues may include audits or investigations, fines or penalties or other enforcement action.

Twohig worked with Baliker to assemble the necessary paperwork for the Division of Labor that proved the company had been in business for more than five years and, therefore, would be exempt from the five-year wage bond requirement. As a result, Danny’s Doors was granted a 15- day injunction, which allowed the company to operate while the case was investigated.

With Twohig’s help, Danny’s Doors regained full operation by proving that they were indeed in compliance and that the “Plus Five Exemption” covered them from any penalty or order. The company met the requirements for the “Plus Five Exemption” in their first five years of operation, from 1998-2003.

Kathy was great to work with and had all the information ready that we needed,” Twohig said. “This case with Danny’s Doors is a great example of how the Ombudsman program can help a small business that needs some help pleading their case.”

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