ALJDEC decisions subject to certification as final

06F-M2284-ROC · Registrar of Contractors · 2007-04-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 29, 2007

APPEARANCES: Complainant appeared through its director, Jeremy Smith 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. Complainant is in the business of supplying plumbing equipment and materials. Evidence of record showed that Respondent opened a line of credit with Complainant, for the purpose of obtaining plumbing supplies and equipment for its business as a contractor.

2. Evidence of record showed that from the period of December 8, 2005 through February 2, 2006 Complainant supplied Respondent with specified plumbing supplies and equipment on credit. At some point in time, in 2006, Respondent ceased paying on the outstanding credit balance, causing Complainant to file the instant Complaint with the Registrar of Contractors on May 17, 2006. At the time of filing this Complaint, Complainant asserted that Respondent owed an unpaid balance on its credit line with Complainant in the amount of $3,334.96.

3. After the filing of the instant Complaint, Respondent contacted Complainant regarding making partial payments to pay off the outstanding debt. In October 2006 Respondent made one additional payment to Complainant, in the amount of $100.00, thereby bringing the outstanding balance due down to $3,224.96. Since the October payment, Respondent has made no other payments to Complainant.

4. Respondent’s failure to pay Complainant for the plumbing supplies and equipment provided constitutes a violation of the provision of the State’s Contracting laws regarding the need to pay suppliers for construction related materials provided. In addition, this failure to pay also constitutes a wrongful act, within the meaning of the applicable charged section of the State’s Contracting laws.

5. By its failure to appear for the instant hearing, Respondent failed to present any matters in defense or mitigation.

6. As set forth in the Citation and Complaint issued by the Registrar of Contractors, Respondent was advised that in the event of a finding of a violation against Respondent, Respondent’s prior disciplinary record of final Registrar of Contractors’ orders may be considered in mitigation or aggravation. Accordingly, subsequent to conclusion of the instant hearing, notice was taken of official records of the Registrar of Contractors regarding any prior final disciplinary orders against Respondent and said notice revealed prior disciplinary sanctions on Respondent’s record. Therefore, Respondent’s prior record is properly deemed to be poor and thus, is viewed as a matter in aggravation for any disciplinary penalties to be imposed as a direct result of this case.

7. Notice is hereby taken of official Registrar of Contractors’ public records, which reveal that Respondent’s contracting license has been revoked since February 26, 2007. Such revocation does not preclude this tribunal from conducting these administrative proceedings nor from issuing separate disciplinary orders. Moreover, Respondent’s existing revoked license status must be considered when determining appropriate penalties in this case.

CONCLUSIONS OF LAW

Respondent violated the provisions of A.R.S. § 32-1154A (7), and (11).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Respondent’s Class B 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, April 5, 2007.

______________________________________ Mark A. Silver Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2007, to:

Registrar of Contractors Fidelis V. Garcia Legal Department 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