ALJDEC decisions subject to certification as final

07F-2718-ROC · Registrar of Contractors · 2008-03-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 10, 2008 APPEARANCES: Frederick Gamble, Esq. appeared for the Complainants. Alvin Gitt, Vice President, appeared for the corporate Respondent. ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ 1. This matter came on for hearing as scheduled. Both parties were present. Prior to the formal receipt of evidence, the parties entered into certain stipulations which were confirmed on the record. Conclusions of Law 1. The Complainants withdrew any allegation of a violation of A.R.S. §32- 1154(A)(10). 2. The Respondent does not contest the remaining allegations of violations as set forth in the Citation and Complaint. These are A.R.S. §32-1154(A)(2), disregard of plans and specifications, (A)(3)/A.A.C. R4-9-108, workmanship, (A)(7), a wrongful act with substantial injury, and (A)(23) failure to take appropriate corrective action[1]. 2. The Complainant presented sufficient evidence by way of offers of proof including Proposed Findings of Fact and Conclusions of Law, and documentary exhibits which were not disputed by the Respondent, to substantiate the remaining allegations in the Citation and Complaint. 3. The Respondent’s license was revoked effective October 16, 2007. Recommended Order It is recommended commencing the effective date of the Order entered in this matter,[2] that the Respondent’s Class B-03 license be revoked.

Done this day, March 10, 2008

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2008, to:

Fidelis V. Garcia, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________

----------------------- [1] The parties agreed that CWO items 3I, 3J and 4D were satisfactorily corrected. Corrections of 2D, 5, and Addendum 3 and 4, were either incomplete or corrective work created new problems. The Complainant stipulated that all items determined by the ROC Inspector as “no action required” were accepted as such. [2] Forty (40) days from the date of the Order or date of certification if certified by the Director of the Office of Administrative Hearings.

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