ALJDEC decisions subject to certification as final

07F-G1872-ROC · Registrar of Contractors · 2008-02-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 13, 2008 APPEARANCES: Wallace and Yetta Seidon, Complainants; Danny Linenger, Respondent’s representative ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________ Based upon the agreement of the parties in the above matter, the undersigned Administrative Law Judge hereby makes the following Findings of Fact and Conclusions of Law and issues the following Recommended Decision to the Registrar of Contractors. FINDINGS OF FACT 1. Complainant filed a complaint with the Registrar of Contractors against the Respondent, a licensed contractor. In consideration of that complaint, the Office of Administrative Hearings set a hearing to afford Complainant an opportunity to substantiate the claims in the complaint. Both parties appeared at hearing. 2. At the time of the hearing, the Respondent’s representative averred that he did not dispute the items in the complaint.

CONCLUSIONS OF LAW 1. This matter is within the jurisdiction of the Registrar of Contractors pursuant to A.R.S. §§ 32-1104(A)(4), 32-1154(B) and 32-1156. 2. By affirmation of the Respondent’s representative, the items in the complaint were established. Because the complaint concerned abandonment of a construction project without returning the money paid by the Complainants, it was clearly established that Respondent violated A.R.S. § 32-1154(A)(1) and (7). RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution of the complaint by Complainant, it is recommended that the Registrar of Contractors revoke the Respondent’s license. If the Director of the Office of Administrative Hearings certifies this Administrative Law Judge Decision, the effective date of the order will be forty days from the date of certification. Done this day, February 26, 2008 OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Dorinda M. Lang Administrative Law Judge

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

Registrar of Contractors Fidelis V. Garcia 3838 N. Central Ave., Ste. 400 Phoenix, AZ 85012-1906

By __________________________ -----------------------

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