ALJDEC decisions subject to certification as final

07F-P0223-ROC · Registrar of Contractors · 2008-02-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 29, 2008, at 9:00 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Jim Catler. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and, based upon the entire record; the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT 1. Respondent is the holder of a Class K-37 License issued by the Registrar of Contractors. 2. On February 22, 2007 the Complainant filed a formal Complaint, against the Respondent, with the Registrar of Contractors. 3. The Complaint provides, in pertinent part, as follows: “ABS has filed a wrongful lien against our property…Mr. Donald Loose, our attorney, has advised us to filed this complaint requesting ABS Plumbing contractor’s license be suspended until they have provided evidence of the lien’s removal. We request the Registrar review the worthiness of ABS Plumbing to act as a licensed contractor. They are guilty of willful intimidation by filing a wrongful complaint against CSI with the Registrar of Contractors. They have committed fraud by knowingly filing an invalid 20- day notice. They have committed extortion by attempting to receive an amount greater than their contracted agreement by using the lien laws to impede the closure of a contract, and the transfer of real property title. They have committed perjury under state statutes by stating on a legal document that their work was completed on November 10, 2006. Their business actions are an undesirable reflection on all contractors.” 4. At the onset of his testimony the Complainant’s representative, Jim Catler, acknowledged the Respondent’s lien had been removed as a result of the Complaint at issue and action by the Complainant’s attorney. 5. There was no dispute that the Respondent’s actions, in filing an improper lien, had caused financial damage to the Complainant. 6. Undisputed credible testimony and evidence established the Respondent’s actions, in filing a lien that it knew or should have known was improperly filed and false causing financial damage to the Complainant, are found to constitute a wrongful act. 7. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors.

CONCLUSIONS OF LAW 1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154 (A) (7) (Wrongful Act).

RECOMMENDed order In view of the foregoing, it is recommended, commencing on the effective date of the Registrar’s Order, the Respondent’s Class K-37 License shall be actively suspended for a period of ten (10) days. In the event of certification of this 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 the certification. Done this day, February 11, 2008.

______________________________________ M. Douglas 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 100 North Stone Avenue, Suite 704 Tucson, Arizona 85701 (520) 628-5488