Vacate
03F-S0022-ROC · Registrar of Contractors · 2002-11-04
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|On Consignment in Bisbee, | | Case No.: S03-0022 | | | | | |Complainant, | |Docket No.: 03F-S0022-ROC | | | | | |vs. | | | | | |RECOMMENDED ORDER GRANTING | |License No. 1143235, Class L-34 | | | |Eugene Michael Conners d.b.a. | |RESPONDENT’S MOTION TO DISMISS | |Conners Painting (Indiv), | | | | | | | |Respondent. | | | | | | | | | | | | | | |
This matter is not yet docketed for a hearing date in the Office of Administrative Hearings. Respondent, through counsel, filed a motion to dismiss the complaint in the OAH on October 9th, 2002. Complainant was allowed until November 1st, 2002, to file a written response to the motion. Complainant failed to timely file any response. Respondent’s motion is well grounded in facts and law, and should be granted. The subject administrative complaint was filed in the Registrar of Contractors on August 15th, 2002. The complaint makes allegations regarding the workmanship of respondent, or by others at respondent’s direction, the most recent of which occurred in April of 2000. Complainant’s present complaint goes back to 2000, and a previous administrative complaint by this complainant against this respondent (S00- 0115). A Corrective Work Order was issued by the Registrar of Contractors inspector in that case on April 13th, 2000, which directed respondent to have certain corrections made within 15 calendar days. Respondent complied with the CWO within the 15-day period, and that is the last time respondent either has worked on complainant’s property, or had other appropriately licensed contractors work on her property. As stated above, this complaint was filed August 15th, 2002. Thus it is time-barred by A.R.S. 32-1155.A., which requires a complaint such as this to be filed within two years from the date of the act which is cause for suspension or revocation of license. Wherefore, it is hereby recommended that Citation and Complaint No. S03-0022, together with the complaint on which it is based, be dismissed.
Done this day, November 4th, 2002.
______________________________________ Grant Winston Administrative Law Judge
Copy mailed this ____ day of ______________, 2002 to:
Michael P. Goldwater, Director Registrar of Contractors ATTN: Jennifer Brown 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