ALJDEC

00F-UA0272-ROC · Registrar of Contractors · 2000-04-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 19, 2000. APPEARANCES: Marc A. Harris, Assistant Attorney General, representing the Registrar of Contractors. Respondent did not appear. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. _____________________________________________________________________ FINDINGS OF FACT 1. The Registrar of Contractors issued a Cease and Desist Order to Burke Construction on January 21, 2000. The Order stated that the Registrar of Contractors had reasonable cause to believe that Respondent was acting as an unlicensed contractor in violation of Arizona law. 2. The Registrar of Contractors set a civil penalty for Burke Construction in the amount of $400.00. Respondent appealed. 3. At the appointed time of hearing, the Registrar of Contractors was represented by an Assistant Attorney General, but Respondent did not appear either in person or through any proper representative. The Assistant Attorney General stated on the record that Respondent had obtained its contractor’s license and had paid a compromised civil penalty of $100.00. He stated that in all likelihood Respondent considered the matter settled and did not wish to pursue his appeal. He also stated that the Registrar of Contractors does not wish to pursue any further civil penalties beyond what was already paid by Respondent. CONCLUSIONS OF LAW 1. This matter is within the jurisdiction of the Registrar of Contractors pursuant to A.R.S. §§32-1104(A)(4), 32-1154(B) and 32-1156. 2. The Cease and Desist Order issued by the Registrar of Contractors in this matter alleged a potential violation of A.R.S. §32-1151. That law provides for the imposition of a civil penalty for contracting without a license. 3. In this case, Respondent agreed to pay a reduced penalty and obtained the appropriate license for the work he was doing. This arrangement was accepted by the Registrar of Contractors. Therefore, the matter appears to have been resolved. No further action on the part of the Registrar of Contractors is necessary. RECOMMENDED ORDER Because the parties have come to an agreement and Respondent has offered no basis for overturning the civil penalty, I recommend that the Registrar of Contractors take no further action on this matter and allow Respondent’s record with the Registrar of Contractors to stand as it was at the time of hearing with no adjustments to be made as a result of the hearing. Done this day, April 27, 2000. OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Dorinda M. Lang Administrative Law Judge

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

Registrar of Contractors Michael P. Goldwater 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