ALJDEC

00F-UA0124-ROC · Registrar of Contractors · 2000-06-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 19, 2000 APPEARANCES: The Registrar of Contractors was represented by Assistant Attorney General Mary Delaat Williams. Defendant failed to appear. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ Having heard the testimony of the witnesses and having read and considered the entire record in this matter, the undersigned Administrative Law Judge hereby makes the following Findings of Fact and Conclusions of Law and submits the following Recommended Decision to the Director of the Arizona Registrar of Contractors. FINDINGS OF FACT Donald Hoffman is an officer of Hoffman and Sons Inc., a corporation that holds a commercial contractor’s license. Donald Hoffman is currently conducting business as South of Santa Fe, which is not licensed as either a residential or commercial contractor. The following undisputed facts were established at the hearing and are important to note: c. On or about February 23, 1999, Defendant entered into a contact with Mr. Frank Canerdy, for the installation of a new roof. The contract price was $6,900, which was paid in full. Noted on the contract was license number 121360. d. Mr. Canerdy filed a complaint with the Registrar of Contractors on September 23, 1999, indicating that Defendant did not complete the roofing project. The filed complaint was assigned to the Registrar’s investigator in the Prescott, Arizona office. e. Defendant eventually completed the roofing project. However, workmanship issues remained and Mr. Canerdy ultimately hired a licensed contractor to repair the deficient roof installation. f. The investigation revealed that Donald Hoffman was the qualifying party and an officer of a corporation that had been issued a commercial general contractor’s license, number 121360, on March 12, 1997. This corporation does not hold a residential license and no other license has been issued to Donald Hoffman. g. As a direct result of the aforementioned investigation, the investigator issued a cease and desist order to Defendant to stop all unlicensed contracting activity within the State of Arizona. In addition, Defendant was issued a civil citation and civil penalty of $1,000. h. Mr. Hoffman contacted Registrar of Contractors Investigator John Garner prior to the hearing date. Mr. Garner testified that Mr. Hoffman admitted to performing the above described roofing work and inquired about obtaining a residential contractor’s license. Mr. Hoffman did obtain an application from the Registrar of Contractors. However, as of the hearing date, Defendant failed to apply for a license. By its failure to appear for the scheduled hearing, Defendant failed to present any matters in defense or mitigation. The evidence of record established a violation by Defendant of the applicable charged sections of the State’s contracting laws. CONCLUSIONS OF LAW A.R.S. §32-1151prohibits contracting without a license and provides, in pertinent part, “it is unlawful for a person…to engage in the business, act, or offer to act in the capacity…of a contractor without having his own license in good standing…” Defendant violated the provisions of A.R.S. § 32-1151. A.R.S. §32-1166 provides for the imposition of a civil penalty ranging from a minimum of $250 to a maximum of $2,500 for each citation. Based on all of the salient facts and circumstances presented herein, it appears that the civil penalty assessed by the Registrar of Contractors was fair and appropriate. Pursuant to the provisions of A.R.S. § 32-1166, the citation issued to Defendant should be affirmed, thereby properly subjecting Defendant to the imposition of a civil penalty for the violation proven herein. RECOMMENDED DECISION In view of the foregoing, it is recommended, based upon the entire case record, that the citation issued in this matter be affirmed so as to provide for the imposition of a civil penalty against Defendant in the total amount of $1,000. This civil penalty shall be paid to the Registrar of Contractors on or before thirty (30) days after the effective date of the Order entered in this matter. Done this day, June 22, 2000.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of June, 2000, to:

Michael P. Goldwater, Director Registrar of Contractors Attn: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826