ALJDEC decisions subject to certification as final

06F-2630-ROC · Registrar of Contractors · 2009-01-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 31, 2008

APPEARANCES: Complainant appeared on his own behalf and Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

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. The instant matter came on for hearing pursuant to a decision of the Registrar of Contractors to hold a compliance hearing, limited to the issue of compliance with the terms and conditions of a previously entered Decision and Order in this matter. In this regard, the Registrar issued a Notice of Compliance Hearing on November 28, 2008, which provided that the instant Compliance hearing shall be conducted “in order to determine whether Respondent has substantially complied with the terms and conditions of the Decision and Order issued on June 28, 2007 and reconsideration of the appropriateness of the disciplinary penalty imposed or that may be imposed as a result of this hearing.”

2. Based on the foregoing, Complainant was advised at the outset of the scheduled compliance hearing that the scope of the hearing was very limited and no issues unrelated to the issue of compliance would be determined at the instant hearing.

3. The original hearing in this matter resulted in the issuance of an Order from the Registrar, requiring Respondent to appropriately rectify “the items involved and detailed in the Complaint and the Agency’s written directive.”

4. Uncontroverted evidence of record established that Respondent has failed to make any of the required repairs.

5. Based on the foregoing, it is determined and held that Respondent failed to comply with the terms and conditions of the previously entered Decision and Order in this matter.

6. By its failure to appear for the scheduled hearing, Respondent failed to present any matters in response to the allegation of non- compliance or in mitigation.

7. A homeowner need not suffer through a seemingly endless series of legal battles with a contractor. There must be a finality to proceedings and for Respondent in this matter, that day has arrived.

8. Based on the foregoing and in accordance with the Notice of Hearing issued in this matter, a serious disciplinary sanction against Respondent’s license is found to be appropriate.

CONCLUSIONS OF LAW

1. Respondent failed to comply with the terms and conditions set forth in the original Decision and Order issued in this matter.

2. In view of Respondent’s failure to accomplish compliance with the June 28, 2007 Order of the Registrar and in accordance with the November 28, 2008 Notice of Compliance Hearing, it is determined that a more severe disciplinary penalty, than the penalty previously set forth in the original Decision and Order of the Registrar of Contractors, should be imposed against Respondent’s Class K-09 license,.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Respondent’s Class K- license shall be revoked on the effective date of the Order entered in this matter. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order in this matter will be forty (40) days from the date of that certification.

Done this day, January 2, 2009.

______________________________________ Mark A. Silver Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2009, to:

Registrar of Contractors Armando Contreras 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________

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