ALJDEC

02F-R0020W-ROC · Registrar of Contractors · 2002-03-11

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IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 28, 2002 APPEARANCES: Complainant was represented by Assistant Attorney General, Victoria Martin. Respondent Lynn Bigelow appeared on behalf of L. and L. Plastering. ADMINISTRATIVE LAW JUDGE: Wendy S. Morton _____________________________________________________________________ Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

… … … … FINDINGS OF FACT

1. Complainant filed the instant citation and complaint based on its claim that Artistic Plastering Inc. dba L and L Plastering (Respondent) had an individual listed on its license who also appears on another license that has previously been revoked. The facts surrounding this allegation are discussed in the findings below. 2. The following salient facts were adduced at the hearing and are important to note: a. Lynn Gilbert Bigelow appears as the owner and qualifying party on License No. 10846, Class C-6, issued by the Registrar of Contractors on July 19, 1995 to Artistic Plastering, Inc. dba L and L Plastering (Corp). Lynn Gilbert Bigelow also appears as the owner and qualifying party on License No. 108245, Class C-36, issued by the Registrar of Contractors on July 19, 1995 to Artistic Plastering Inc. dba L and L Plastering (Corp). This license is currently under suspension for non-renewal. Lynn Gilbert Bigelow also appears as the owner and qualifying party on License No. 108260, Class L-36, issued by the Registrar on July 19, 1995, to Artistic Plastering Inc dba L and L Plastering (Corp). This license is currently under suspension for non-renewal. Lynn Gilbert Bigelow also appears as the owner and qualifying party on License No. 108261, Class L-06, issued by the Registrar on July 19, 1995 to Artistic Plastering Inc dba L and L Plastering (Corp). This license is currently under suspension for non-renewal. Lynn Gilbert Bigelow also appears as the owner and qualifying party on License No. 148115, Class K-06, issued by the Registrar on September 14, 1999 to Sonoran Pool Interiors LLC dba SPI Plastering (LLC). This license is currently under suspension for non-renewal. Lynn Gilbert Bigelow also appears as the owner and qualifying party on License No. 148114, Class K-36, issued by the Registrar on July 19, 1995 to Sonoran Pool Interiors LLC dba SPI Plastering (LLC). This license is currently under suspension for non-renewal. g. On May 16, 2000 as a direct result of Registrar of Contractors’ case no. 0149-ROC, the Registrar revoked license no. 108246. This revocation stemmed from a homeowner’s complaint filed in July, 1999. Respondent acknowledged this revocation and acknowledged that it had the full opportunity to litigate this revocation at a hearing held before the Office of Administrative Hearings on February 8, 2000. Respondent further acknowledges that it did not pay the civil penalty assessed in that case nor did it reimburse the Recovery Fund as required. Respondent also acknowledged that the homeowner’s complaint which gave rise to the revocation has not been resolved. h. Based on these prior revocations, Complainant is seeking a revocation of the license set forth in the instant matter. 3. The Registrar of Contractors has jurisdiction over suspended licenses pursuant to A.R.S. § 32-1104 and § 32-1154. 4. By virtue of having a person on his license that also appears on another license which has been revoked, Respondent is found to be in violation of the applicable charged section of the State’s Contracting laws. Based on the revocation of the other license, a revocation of the licenses cited herein is also found to be appropriate.

CONCLUSIONS OF LAW

Uncontroverted evidence of record established that Respondent is in violation of A.R.S. § 32-1154A (21).

RECOMMENDED ORDER

In view of the foregoing, it is recommended the five licenses that are the subject of this action (a: Respondent’s license 108245, Class C-36, b: License No. 108260, Class L-36, c: License No. 108261, Class L-06, d: License No. 148115, Class K-06, e: License No. 148114, Class K-36) shall be revoked on the effective date of the Order entered in this matter. Done this day, March 8, 2002

______________________________________ Wendy S. Morton Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2002, 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