This section contains the nature of the case and procedural background.

Malec and Stepniewski (Ds) were convicted of trade practice violations in that on several occasions, they failed to state in writing project start dates and completion dates. When Ds did state such dates, they failed to complete the projects and in two cases left work undone and severe damage was caused to the homes when winter arrived. Many of those victimized by Ds were elderly and retired citizens. Ds challenged the statutory language of intentionally refuses, neglects, or fails to obey a regulation as it was intentional conduct, and they did not intentionally do any of the acts they were convicted of.

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