ALJDEC

01F-R0185-ROC · Registrar of Contractors · 2001-09-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 21, 2001 APPEARANCES: Assistant Attorney General Montgomery Lee represented the Registrar of Contractors. Richard Johnson appeared on behalf of Respondent R and K Structure Transporting, L.L.C. ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________

FINDINGS OF FACT Respondent R and K Structure Transporting, L.L.C. (“R and K”) is the holder of a Class C-22 license (No. 157607) issued by the Registrar of Contractors (“ROC”). Albert McMullen is R and K’s qualifying party. On June 12, 2001, the ROC issued a Citation and Complaint charging R and K with one violation of A.R.S. § 32-1154(A)(21). A.R.S. § 32-1154(A)(21) provides: The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions:

21. Having a person named on the license who is named on any other license in this state or in another state which is under

suspension or revocation unless the prior revocation was based solely on a violation of this paragraph.

Prior to the commencement of the hearing, R and K presented documentation establishing that its former qualifying party, Linda Lee Christie (a person named on a license that had been revoked), had resigned, and that as of August 31, 2001, Ms. Christie had been replaced as R and K’s qualifying party by Albert John McMullen. R and K’s documentation further established that the ROC had approved Mr. McMullen as Ms. Christie’s replacement. Counsel for the ROC, upon review of the aforementioned documentation, agreed that in light of Ms. Christie’s replacement with Mr. McMullen, as approved by the ROC, the facts and circumstances that had given rise to the ROC’s June 12, 2001 Citation and Complaint no longer existed, and therefore moved for dismissal of the ROC’s complaint. CONCLUSIONS OF LAW Because the facts and circumstances that gave rise to the ROC’s June 12, 2001 Citation and Complaint have been remedied in a manner approved by the ROC, the ROC’s motion to dismiss should be granted. RECOMMENDED ORDER Based on the foregoing, the Administrative Law Judge makes the following recommended Order: The Citation and Complaint in Case No. R01-0185 is dismissed.

Done this day, October 10, 2001.

______________________________________ Daniel G. Martin Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

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

By ___________________________ -----------------------

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