ALJDEC decisions subject to certification as final

07F-2704-ROC-com · Registrar of Contractors · 2009-03-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 3, 2009 APPEARANCES: Mary Jo Hellmann appeared on behalf of Complainant Quality Block Company, Inc. Respondent G Brisbin Contracting, 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 March 3, 2009 at 9:00 a.m., pursuant to a Notice of Compliance Hearing issued by the Registrar of Contractors (“ROC”), to address whether Respondent G Brisbin Contracting, Inc. (“G Brisbin”) has “failed to comply with the terms of the Settlement”. On the date and at the time scheduled for the hearing, Mary Jo Hellmann appeared on behalf of Complainant Quality Block Company, Inc. (“Quality”). No one appeared on behalf of G Brisbin. The Administrative Law Judge delayed the commencement of the hearing for approximately fifteen minutes to allow for the appearance of G Brisbin, 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 G Brisbin’s absence.[1] 2. The initial hearing of this matter convened on January 16, 2008. Guy Knoller, Esq. represented Quality. Geoff Brisbin appeared on behalf of G Brisbin. 3. Prior to the commencement of the January 16, 2008 hearing, and outside the presence of the Administrative Law Judge, the parties concluded a settlement agreement, the terms of which were set forth in writing, signed by the parties, and submitted to this tribunal.

4. The terms of the settlement agreement were attached and incorporated as Exhibit “A” to the Order Vacating Hearing Due to Settlement. The terms of the parties’ settlement agreement are as follows: Licensee G. Brisbin Contracting, Inc. hereby agrees to the following: 1. No dispute factually or legally to the R of C Complaint against it filed by Quality Block Co. in Case # 07-2704 and specifically agrees that there is no defense to the complaint. 2. Will pay $100.00/week commencing February 4, 2008, and each week thereafter until paid; the principal balance is $3551.90; current balance w/interest is $4983.89. 3. The current balance includes $1400.00 of interest. Provided all payments are made when due, licensee shall be entitled to a discount of $700.00 (deducted from the $1400.00, leaving a balance due of $700.00 in interest). Also, in the event of default in any of the payments due interest at the rate of 18%/annum shall also be due on the entire amount due as of January 16, 2008. 4. In the event that the entire amount due is paid by 3/4/2008, all interest is waived.

5. At hearing, Ms. Hellman credibly testified that on February 4, 2008, G Brisbin paid $100.00, and on February 13, 2008, G Brisbin paid $300.00. As such, G Brisbin has paid a total of $400.00 toward the settlement amount and continues to owe Quality the total sum of $4,583.90 plus interest at the rate of 18% per annum from January 16, 2008. 6. The Administrative Law Judge finds, based on the weight of the credible evidence presented at hearing, that G Brisbin has failed to comply with the terms of the settlement agreement entered into by the parties. CONCLUSIONS OF LAW 1. Quality has sustained its burden of proving that G Brisbin failed to comply with the terms of the settlement agreement entered into by the parties. See Arizona Administrative Code Rule R2-19-119. 2. In view of G Brisbin’s failure to comply with the terms of the settlement agreement entered into by the parties and in accordance with the January 29, 2009 Notice of Compliance Hearing, it is determined that disciplinary sanctions should be imposed against G Brisbin’s Class B- license.[2] RECOMMENDED ORDER It is recommended, commencing on the effective date of the Order entered in this matter, that G Brisbin’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, March 4, 2009.

______________________________________ Sondra J. Vanella Administrative Law Judge

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

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

By ___________________________

----------------------- [1] Ms. Hellmann advised the tribunal that she received notice that Geoffrey Scott Brisbin and Sheryl Lynn Brisbin have filed a Chapter 7 Bankruptcy Petition. Ms. Hellman submitted to the tribunal a Notice of Trustee’s Sale and a Discharge of Debtor. Both documents indicate that the Principal of G Brisbin, Geoffrey Scott Brisbin, and his wife, Sheryl Lynn Brisbin, have filed a Chapter 7 Bankruptcy Petition in United States Bankruptcy Court for the District of Arizona, Case No. 2:08-bk-12236-SSC. The personal bankruptcy filed by G Brisbin’s corporate officer and qualifying party, Geoffrey Scott Brisbin, does not impact G Brisbin, a separate legal entity that has not filed a bankruptcy petition. Therefore, the hearing set for March 3, 2009 at 9:00 a.m. proceeded as scheduled.

[2] A review of the ROC’s official records revealed that G Brisbin’s contracting license was suspended on January 23, 2009 until compliance with the Order issued in Case Number G08-0702. Such suspended license status does not preclude this tribunal from conducting these administrative proceedings. A.R.S. § 32-1154(C).

-----------------------

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