ALJDEC

02F-R0024W-ROC · Registrar of Contractors · 2002-03-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 19, 2002. APPEARANCES: The Complainant, the Registrar of Contractors, was represented by Assistant Attorney General Montgomery Lee. The Respondent, R. H. Davis Development, Inc., did not appear. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ The commencement of the scheduled hearing was delayed for 15 minutes to allow for the late arrival of the Respondent’s authorized representative. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. This matter came on for hearing pursuant to the notice of hearing issued by the Registrar of Contractors 2. The Registrar’s notice of hearing advised the parties of the time, date and location of the hearing with the following language:

“YOU ARE HEREBY NOTIFIED that a HEARING upon the charges made in the Citation and Complaint will be held by the Office of Administrative Hearings on FEBRUARY 19, 2002 at 1400 W. WASHINGTON, SUITE 101, PHOENIX, ARIZONA at 9:00 AM before Administrative Law Judge TULLY.”

3. Respondent is found to have received proper notice of time, date and location of the scheduled hearing. 4. No timely appearance was made on behalf of the Respondent.[1] 5. R. H. Davis Development, Inc., is the holder of License No. 119852, a Class B-04 general residential engineering contractor license, issued by the Registrar of Contractors on December 19, 1996. 6. Richard Hardin Davis appears as the qualifying party and corporate officer on License No. 119852. 7. R. H. Davis Development, Inc., is the holder of License No. 078705, a Class B-01 general commercial contractor license, issued by the Registrar of Contractors on June 8, 1988. 8. Richard Hardin Davis appears as the qualifying party and corporate officer on License No. 078705. 9. R. H. Davis Development, Inc., is the holder of License No. 07637, a Class B general residential contractor license, issued by the Registrar of Contractors on June 6, 1988. 10. Richard Hardin Davis appears as the qualifying party and corporate officer on License No. 078637. 11. R. H. Davis Development, Inc., is the holder of License No. 103149, a Class A general engineering contractor license, issued by the Registrar of Contractors on July 11, 1994. 12. Richard Hardin Davis appears as the qualifying party and corporate officer on License No. 103149. 13. On October 5, 2000, the Registrar of Contractors revoked License No. 103149 issued to R. H. Davis Development, Inc., pursuant to a Decision and Order in Case No. S00-0056. That Decision and Order was issued following an administrative hearing before the Office of Administrative Hearings.[2] 14. Respondent appealed the Registrar’s Decision and Order in Case No. S00- 0056 to the Superior Court of the State of Arizona in and for the County of Cochise in Case No. CV200000442. 15. On January 12, 2001, Judge Wallace R. Hoggatt of the Cochise Superior Court ordered that Respondent’s appeal be dismissed. No further appeals were made, therefore the case is final. 16. Respondent never accomplished the proper repair or replacement of the leaking roof on the gymnasium which was a condition to avoid revocation placed on the Respondent’s license in Case No. S00-0056 by the Registrar. 17. The Registrar of Contractors seeks the revocation of Licenses Nos. 119852, 078705 and 07637 because Richard Hardin Davis, who appears on revoked License No. 103149, also appears on those licenses.

CONCLUSIONS OF LAW

1. The Registrar of Contractors has jurisdiction over the subject matter and the Respondent in this action. 2. R. H. Davis Development Inc. has violated the provisions of A.R.S. § 32- 1154(A)(21) because Richard Hardin Davis, who is listed on revoked License No. 103149, is listed on License Nos. 119852, 078705 and 078637. 3. Pursuant to the provisions of A.R.S. § 32-1154(C), the Registrar of Contractors has the authority to impose disciplinary penalties on a licensee found to have violated the provisions of A.R.S. § 32-1154(A). Under all the circumstances, the imposition of the revocation of Respondent’s captioned licenses for the violation of A.R.S. § 32- 1154(A)(21) is justified by the evidence.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that License Nos. 119852, 078705 and 078637 be revoked. Done this day, March 8, 2002

______________________________________ Brian Brendan Tully Administrative Law Judge

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

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

By ___________________________ ----------------------- [1] On February 20, 2002, Richard Davis, who appears as the qualifying party and officer on the Respondent’s captioned licenses, filed a request for rehearing. Apparently he arrived at the Office of Administrative Hearings at 2:00 p.m. on February 19, 2002, for the hearing. Mr. Davis’ request is deemed premature. Since Mr. Davis’ letter did not indicate that either the Registrar of Contractors or its counsel had been sent a copy of the letter, a copy of it was forwarded to counsel for the Complainant by the Office of Administrative Hearings. [2] The reference to the Office of Administrative Hearings’ case is Docket No. 00F-S0056-ROC.

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