ALJDEC decisions subject to certification as final

07F-S0023-ROC-COM · Registrar of Contractors · 2008-03-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 28, 2008, at 9:00 a.m. APPEARANCES: The Complainant appeared through its authorized representative, John Wareing. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for a Compliance Hearing to determine whether the Respondent has substantially complied with the terms and conditions of the previously entered Decision and Order of the Registrar of Contractors. Evidence and testimony were presented and, based upon the entire record; the following Findings of Fact, Conclusions of Law and Recommended Order on Compliance Hearing are made: FINDINGS OF FACT 1. On January 25, 2007, during a scheduled hearing the parties entered into a Settlement Agreement wherein the Respondent agreed to pay the Complainant the sum of $3,000.00 at the end of each month beginning on February 28, 2007, until the total sum of $50,000.00 was paid off. 2. The parties’ Settlement Agreement was accepted by the Registrar of Contractors which then issued an Order of Closing which provides, in pertinent part, as follows: “This Citation and Complaint is subject to being reopened by the parties upon an allegation of failure to comply with the terms of the agreement.” 3. Undisputed credible evidence presented at hearing established the Respondent has failed to comply with the terms and conditions of the parties’ Settlement Agreement. 4. Credible evidence established the Respondent’s actions over a prolonged period of time are not indicative of a good faith desire to resolve this matter by complying with the terms and conditions of the parties’ Settlement Agreement. On the contrary, credible evidence of record establishes the Respondent has repeatedly failed to properly accomplish compliance with the terms and conditions of the parties’ Settlement Agreement and the Respondent’s efforts appear to have been directed to delay and excuse, rather than to achieve, compliance with the parties’ Settlement Agreement. CONCLUSIONS OF LAW 1. Credible testimony and evidence presented during the compliance hearing supported findings that the Respondent has not substantially complied with the terms and conditions of the parties’ Settlement Agreement. 2. A licensed contractor is not entitled to an unlimited period of time or an endless succession of opportunities to comply with specified conditions which reduce, eliminate, or terminate, disciplinary action against the Contractor’s License. RECOMMENDed order on compliance hearing In view of the foregoing, it is recommended the Respondent’s Class L- License be revoked. 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 28, 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