ALJDEC decisions subject to certification as final

06F-T0021-ROC-COM · Registrar of Contractors · 2006-12-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 6, 2006, at 1:30 p.m. APPEARANCES: The Complainants appeared through Janice D’Ambra. . The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for a Compliance Hearing to determine whether the Respondent has substantially complied with the terms and conditions of the previously entered Decision and Order of the Registrar of Contractors. Evidence and testimony were presented and, based upon the entire record; the following Findings of Fact, Conclusions of Law and Recommendation 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 K-05 License unless or 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 Respondent has performed no corrective action on the Complainants’ roof. 3. The credible evidence of record established the Respondent has failed to comply with the terms and conditions of the prior Order. 4. Credible evidence established the Respondent’s actions over a prolonged period of time are not indicative of a good faith desire to resolve this matter by complying with the terms and conditions of the prior Order of the Registrar of Contractors. On the contrary, credible evidence of record establishes the Respondent has repeatedly failed to properly accomplish compliance with the terms and conditions of the prior Order. The Respondent’s efforts appear to have been directed to delay and excuse, rather than to achieve, compliance with the prior Order of the Registrar of Contractors. CONCLUSIONS OF LAW 1. Credible testimony and evidence presented during the Compliance Hearing supported a finding that the Respondent has not substantially complied with the terms and conditions of the prior Order of the Registrar of Contractors. 2. 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. 3. Having failed to comply with the terms and conditions of the Decision and Order, the Respondent’s license is subject to discipline. 4. Per the Notice of Compliance Hearing, the appropriateness of the disciplinary penalty imposed or that may be imposed as a result of the instant hearing is subject to reconsideration. RECOMMENDation on compliance hearing In view of the foregoing, it is recommended the Respondent’s Class K- License be revoked. Done this day, December 6, 2006.

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2006, to:

Registrar of Contractors Fidelis V. Garcia Legal Department 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________ -----------------------

Office of Administrative Hearings 100 North Stone Avenue, Suite 704 Tucson, Arizona 85704 (520) 628-5488