ALJDEC decisions subject to certification as final

07F-G0523-ROC-com · Registrar of Contractors · 2008-11-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 5, 2008. APPEARANCES: Serena Haro appeared personally. Old Iron West, Ltd., doing business as Old Iron Doors, did not appear. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order on Compliance:

FINDINGS OF FACT 1. The instant matter came on for hearing pursuant to a decision of the Registrar of Contractors (“Registrar”) to hold a compliance hearing, limited to the issue of compliance with the terms and conditions of a previously entered Decision and Order in Case No. G07-0523. 2. On or about October 1, 2008, the Registrar issued a Notice of Compliance Hearing in Case No. G07-0523 advising Serena Haro (“Complainant”) and Old Iron Doors West, Ltd., doing business as Old Iron Doors (“Respondent”), of the time, date and location of the compliance hearing. The Notice of Compliance Hearing was sent to the parties at their addresses of record with the Registrar. 3. The Notice of Compliance Hearing stated that the scope of the compliance hearing was “to determine whether or not Respondent has complied with the terms of settlement absent unreasonable interference by Complainant.” The Notice of Compliance Hearing also advised the parties that “[i]f it is determined that Respondent has failed to comply with the terms of settlement, absent unreasonable interference on the part of Complainant, its Class C-07R License No. 200642 may be subject to the immediate imposition of discipline.” 4. The commencement of the scheduled compliance hearing was delayed 15 minutes to allow for the late arrival of Respondent’s authorized representative. After the delay the Administrative Law Judge conducted the compliance hearing in Respondent’s absence. 5. The original hearing in this matter resulted in a settlement agreement between the parties. The terms of the settlement agreement were read onto the record during the original hearing and the essential terms were also incorporated into the Order issued by the Registrar on December 17, 2007. 6. Finding of Fact No. 2 of the Administrative Law Judge Decision adopted by the Registrar reads as follows:

Pursuant to the terms of the aforementioned settlement agreement, [Respondent] agreed to replace the door at issue in the filed Complaint. This remedial work shall be completed on or before February 29, 2008 and shall be completed in a proper and workmanlike manner. Complainant agreed to withdraw the filed complaint.

7. Uncontroverted evidence of record established that Respondent has not replaced the door at issue in a proper workmanlike manner. Respondent never performed any remedial work to Complainant’s door after entering into the settlement agreement. 8. By its failure to appear for the compliance hearing, Respondent failed to present any evidence or testimony regarding its compliance with the prior Decision and Order. 9. Notice is hereby taken of the official Registrar’s public records, which reveal that Respondent’s contracting license was suspended by operation of law for lack of bond on February 23, 2008. There are also seven open complaints and four resolved/settled/withdrawn complaints against Respondent’s contracting license. 10. As aforementioned, the Notice of Compliance Hearing issued by the Registrar indicated that disciplinary penalties may be issued against Respondent as a direct result of the instant compliance hearing. The facts presented herein warrant the imposition of a disciplinary sanction against Respondent’s license for entering into a settlement agreement, which terminated prior license disciplinary proceedings, and then not complying with said settlement agreement. These facts are properly viewed as a matter in extreme aggravation.

CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Respondent failed to comply with the terms and conditions of the previous Order of the Registrar in this matter. 3. Pursuant to the terms of A.R.S. § 32-1154(C), the suspension of Respondent’s contracting license by operation of law for lack of bond does not deprive the Registrar of authority to impose additional discipline in this matter. 4. Respondent’s failure to comply with the terms and conditions of the aforementioned Order warrants the imposition of a serious disciplinary sanction against Respondent’s contracting license.

RECOMMENDED ORDER ON COMPLIANCE Respondent’s License No. 200642 is revoked in Case No. G07-0523. 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, November 5, 2008

______________________________________ Brian Brendan Tully Administrative Law Judge

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

Armando Contreras, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________

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

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