ALJDEC decisions subject to certification as final

06F-T0726-ROC · Registrar of Contractors · 2007-03-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 12, 2007, at 9:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. 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 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 revocation of the Respondent’s Class K-05 license unless the Respondent has properly performed the correction work set forth in the Corrective Work Order and the Complaint in this matter. 2. This matter was set for a Compliance Hearing in order to determine whether the Respondent has substantially complied with the terms and conditions of the Decision and Order issued on August 2, 2006, and reconsideration of the appropriateness of the disciplinary penalty imposed or that may be imposed as a result of the Compliance Hearing. 3. There was no dispute that the Respondent has failed to comply with the terms and conditions of the prior Order. 4. Credible testimony and 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 and 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 findings that the Respondent has not 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. RECOMMENDEd ORDER on compliance hearing In view of the foregoing, it is recommended the Respondent’s Class K- License be revoked. Done this day, March 12, 2007.

______________________________________ M. Douglas 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 100 North Stone Avenue, Suite 704 Tucson, Arizona 85701 (520) 628-5488