ALJDEC decisions subject to certification as final

07F-2043-ROC-com · Registrar of Contractors · 2009-02-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 23, 2009 APPEARANCES: Complainant Jeanne Wiesley appeared on her own behalf. Respondent Mid West Strong, Inc. failed to appear. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ 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 hearing in this matter convened on February 23, 2009 at 9:00 a.m., pursuant to a Notice of Compliance Hearing issued by the Registrar of Contractors (“ROC”), to address whether Respondent Mid West Strong, Inc. (“Mid West”) “has substantially complied with the terms and conditions of the Decision and Order issued on January 15, 2008, and reconsideration of the appropriateness of the disciplinary penalty imposed or that may be imposed as a result of this hearing.” On the date and at the time scheduled for the hearing, Complainant Jeanne Wiesley appeared on her own behalf. No one appeared on behalf of Mid West. The Administrative Law Judge delayed the commencement of the hearing for approximately fifteen minutes to allow for the appearance of Mid West, or the receipt of any information that would constitute good cause for its absence or delay. No such information was received. Therefore, the hearing proceeded in Mid West’s absence. 2. The initial hearing of this matter convened on December 5, 2007. Complainant Jeanne Wiesley appeared on her own behalf and Joe Ennis appeared on behalf of Mid West. 3. Prior to the commencement of the December 5, 2007 hearing, and outside the presence of the Administrative Law Judge, the parties concluded a settlement agreement, the terms of which were read upon the record. 4. The terms of the parties’ settlement agreement were set forth in an Order Vacating Hearing Due To Settlement as follows: 1. Respondent will pay to Complainant the total sum of $11,450.00 to be paid as follows: i. Respondent will pay the sum of $4,000.00 to Complainant no later than January 30, 2008; ii. Respondent will pay the sum of $7,450.00 to Complainant no later than March 5, 2008; 2. Respondent will pay the aforesaid sums in the form of a cashiers check and will deliver the payments via registered mail to the following address: Cheap Thrills 11649 N. Cave Creek Road Suite G Phoenix, AZ 85020

5. At hearing, Ms. Wiesley credibly testified that Mid West has not paid any monies toward the settlement amount and continues to owe her the total sum of $11,450.00. Ms. Wiesley further credibly testified that Mid West has made no attempt to contact her since the December 5, 2007 hearing. 6. The Administrative Law Judge finds, based on the weight of the credible evidence presented at hearing, that Mid West has failed to comply with the terms and conditions of the settlement agreement entered into by the parties. CONCLUSIONS OF LAW 1. Ms. Wiesley has sustained her burden of proving that Mid West failed to substantially comply with the terms and conditions of the settlement agreement entered into by the parties. See Arizona Administrative Code Rule R2-19-119. 2. In view of Mid West’s failure to comply with the terms and conditions of the settlement agreement entered into by the parties and in accordance with the January 13, 2009 Notice of Compliance Hearing, it is determined that disciplinary sanctions should be imposed against Mid West’s Class B- license.[1] RECOMMENDED ORDER In view of the foregoing it is recommended, commencing on the effective date of the Order entered in this matter, that Mid West’s Class B- license shall be revoked. 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 will be 40 days from the date of that certification. Done this day, February 25, 2009.

______________________________________ Sondra J. Vanella Administrative Law Judge

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

William A. Mundell, Director Registrar of Contractors Legal Department 3838 North Central Avenue Phoenix, AZ 85012

By ___________________________

----------------------- [1] A review of the ROC’s official records revealed that Mid West’s contracting license was revoked on April 21, 2008, in Case No. 07-3039, and subsequently revoked in Case Nos. M07-2119, M08-0083, 08-0630, and 08-1745. Such revoked license status does not preclude this tribunal from conducting these administrative proceedings. A.R.S. § 32-1154(C).

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