ALJDEC decisions subject to certification as final

05F-M2140-ROC-com · Registrar of Contractors · 2009-11-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 24, 2009 at 8:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through his attorney, Wayne Ducharme. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for a Compliance Hearing to determine whether the Respondent has fully complied with the terms and conditions of the parties’ settlement agreement and the previously entered Decision and Order of the Registrar of Contractors. Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Recommended Order on Compliance Hearing are made: FINDINGS OF FACT 1. The prior Order of the Registrar of Contractors, which has become final in the absence of any timely appeal, provides for the suspension of the Respondent’s Class C-39R License until the Respondent has properly complied with the terms and conditions of the prior Order of the Registrar of Contractors. 2. There was no dispute that the parties had knowingly and voluntarily entered into a written settlement agreement prepared by the Complainant’s attorney. 3. The terms and conditions of the parties’ written settlement agreement are found to be fully binding on both the Complainant and the Respondent. 4. The credible evidence of record established that the Respondent has failed to fully comply with the terms and conditions of the parties’ settlement agreement and the prior Order of the Registrar of Contractors. 5. Credible evidence, presented at the compliance hearing, established that the following items require further corrective action by the Respondent: (1) Apply proper insulation around one (1) T-Y Joint. 6. A licensed contractor is not entitled to an unlimited period of time or an endless succession of opportunities to comply with specified conditions which reduce, eliminate, or terminate, disciplinary action against the contractor’s license. However, credible testimony and evidence supports a finding that the Respondent should be given one, and only one, final chance to cause the terms and conditions of the parties’ written settlement agreement to be fully complied with. CONCLUSIONS OF LAW 1. Credible testimony and evidence presented during the compliance hearing supported findings that the Respondent has not fully complied with the terms and conditions of the prior Order of the Registrar of Contractors.

RECOMMENDed order on compliance hearing In view of the foregoing, it is recommended that on the effective date of the Registrar’s Order on Compliance Hearing that the Respondent’s Class C-39R License shall be revoked unless the Registrar of Contractors receives and accepts written proof that the Respondent has caused a properly licensed contractor of he Complainant’s choice to properly install insulation around the T-Y Joint. It is further recommended that if the Respondent causes a properly licensed contractor of the Complainant’s choice to properly install insulation around the T-Y Joint on or before the effective date of this Order, then the above provided License evocation shall not take place and that this matter be closed. In the event of certification of this Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 40 days from the date of the certification.

Done this day, November 24, 2009.

/s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

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