ALJDEC decisions subject to certification as final

07F-S0230-ROC · Registrar of Contractors · 2009-07-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 27, 2009 at 1:30 p.m. APPEARANCES: The Complainants appeared through Daniel Marshall. 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. The following Findings of Fact, Conclusions of Law and Recommended Order on Compliance Hearing are made: FINDINGS OF FACT 1. The prior Order of the Registrar of Contractors provides for the suspension of the Respondent’s Class B- License until the Respondent has properly complied with the terms and conditions of the prior Order of the Registrar of Contractors. 2. The credible evidence of record established that the Respondent has failed to comply with the terms and conditions of the prior Order. 3. Undisputed credible testimony and evidence established that 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 prior Order of the Registrar of Contractors. On the contrary, undisputed credible evidence of record establishes that the Respondent has repeatedly failed to properly accomplish compliance with the terms and conditions of the prior Order and that the Respondent’s efforts appear to have been directed to delay and excuse rather than to achieve compliance with the prior Order of the Registrar of Contractors. 4. Credible evidence established that the course of conduct exhibited by the Complainant could not have been calculated to enable the expeditious accomplishment of the designated corrective actions set forth in the prior Order of the Registrar of Contractors. 5. There was no dispute that the Respondent filed a written communication with the Registrar of Contractors stating that it has completed all of the corrective work set forth in the Complainant and the Corrective Work Order when in fact many of the items set forth in the Corrective Work Order had not been addressed by the Respondent. CONCLUSIONS OF LAW 1. Credible testimony and evidence presented during the compliance hearing supported findings that the Respondent has not complied with the terms and conditions of the prior Order of the Registrar of Contractors. 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 that the Respondent’s Class B- 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, July 27, 2009.

______________________________________ M. Douglas 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 100 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 Fax: (520) 628-5575 www.azoah.com