ALJDEC decisions subject to certification as final

07F-G1843-ROC-com · Registrar of Contractors · 2009-05-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 6, 2009 APPEARANCES: Don Manion appeared for Complainant; No one appeared for Respondent ADMINISTRATIVE LAW JUDGE: Thomas Shedden _____________________________________________________________________ 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. On March 23, 2009, the Registrar of Contractors (“ROC”) issued a Notice of Compliance Hearing to address whether Respondent C Street Holdings, LLC (“C Street”) breached the terms of the parties’ Settlement Agreement as approved by ROC in its July 29, 2008 Order of Closing. 2. The Settlement Agreement required C Street and its principal, Mr. Jere Parkhurst, to pay to Complainant I Deal Roofing and Repair Co. $450.00 per month on the 1st of each month commencing August 1, 2008 and continuing for 24 months. 3. The Notice of Compliance Hearing set the hearing for 9:00 a.m. May 6, 2009. 4. No representative appeared for C Street at the scheduled time and the matter was convened in C Street’s absence at about 9:30 a.m.

5. Mr. Don Manion appeared and testified for I Deal Roofing. 6. Mr. Manion provided credible testimony that C Street had not made any payments to I Deal Roofing. 7. Exhibit 1 is an email from Mr. Parkhurst dated August 7, 2008, in which he writes that he will be unable to make a payment. 8. The Administrative Law Judge finds that C Street has breached the terms of the parties’ Settlement Agreement. 9. A review of ROC’s website shows that C Street’s Class B-03 License is revoked.

CONCLUSIONS OF LAW 1. The preponderance of the evidence shows that C Street Holdings LLC has breached the Settlement Agreement it entered with I Deal Roofing. 2. In accordance with the March 23, 2009, Notice of Compliance Hearing, it is determined that disciplinary sanctions should be imposed against C Street’s Class B-03 license. See A.R.S. § 32- 1154(F). RECOMMENDED ORDER IT IS ORDERED that, commencing on the effective date of the Order entered in this matter, C Street Holdings LLC’s Class B-03 license is 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, May 15, 2009

______________________________________ Thomas Shedden Administrative Law Judge

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

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________ -----------------------

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