ALJDEC decisions subject to certification as final

07F-L0210-ROC · Registrar of Contractors · 2007-08-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 13, 2007 APPEARANCES: Joseph Castronovo and Shawna Young, on behalf of Complainant; no one appeared on behalf of Respondent. ADMINISTRATIVE LAW JUDGE: Michael K. Carroll _____________________________________________________________________

On December 21, 2006, a Complaint was filed with the Registrar of Contractors alleging that Respondent failed to pay Complainant an amount due on a contract. On March 38, 2007, a Citation was filed by the ROC alleging that Respondent had violated A.R.S. §32-1154A (7) and (11). FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of Fact: (1) On April 25, 2006, Complainant entered into a written contract with Respondent,[1] to perform electrical work for a total amount of $15,550. (2) The electrical work was completed in August, 2006, and Respondent was billed by Complainant for the work. (3) As of the hearing date, Respondent had not paid Complainant any of the money owed under the contract, nor was there any evidence that Respondent lacked the capacity to pay. Conclusions of Law: Alleged violation of A.R.S. §32-1154A (7): Violations of this statutory provision are classified as criminal offenses under A.R.S. §32-1164A (1). As such, they are outside the purview of this administrative proceeding. Alleged violation of A.R.S. §32-1154A (11): The evidence established that Respondent did not pay money it owed to Complainant for electrical work completed pursuant to a written contract, and that the amount owed exceeded $750. RECOMMENDED ORDER Beginning the effective date of the Order in this case,[2] it is recommended that Respondent’s Class B license be suspended until Respondent pays $15,550 owed to Complainant under the contract. If Respondent pays the money owed to Complainant prior to the effective date of the Order, no suspension should take place and this matter should be closed. Done this day, August 13, 2007.

______________________________________ Michael K. Carroll Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2007, to:

Fidelis V. Garcia, Director Registrar of Contractors Legal Department 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

----------------------- [1] Complainant’s contract was with Carroll & Bracale Construction Company, LLC. According to ROC records, the name on the license in this matter was changed on November 2, 2006 to Iron Gate Homes, LLC. [2] Pursuant to A.R.S. §41-1092.08D, failure by the Registrar of Contractors to accept, reject or modify this Decision within 30 days of receipt by the agency will result in this Decision being certified by the Office of Administrative Hearings as the final administrative decision. In the event of certification of this Decision by the Office of Administrative Hearings, the effective date of the Order in this matter will be 40 days from the date of that certification.

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