ALJDEC decisions subject to certification as final

07F-T0194-ROC · Registrar of Contractors · 2007-10-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 2, 2007, at 1:30 p.m. APPEARANCES: The Complainant appeared through its authorized representative, Lynda Barnes. 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. The credible evidence of record established the Respondent has failed to comply with the terms and conditions of the prior Order. 2. The Registrar’s Order Denying Case Closure and Setting Compliance Hearing provides, in pertinent part, as follows; “At the Compliance Hearing, the parties may offer evidence and testimony as to whether or not Complainant has unreasonably denied Respondent access to comply with the Registrar’s directives or whether or not Respondent has failed to comply with the Registrar’s directives, absent interference by Complainant. It is determined that Respondent has failed to comply with Registrar’s directives, absent interference by Complainant, Respondent’s Class C-08 License No. 180567 may be subject to an immediate suspension. Note: Respondent has failed to timely pay the $500.00 Civil Penalty to the Registrar in accordance with the terms of the Default Decision and Order. Respondent shall have until June 10, 2007 to pay the Civil Penalty or risk the immediate revocation of its Class C-08 License.” 3. The Respondent failed to pay the Civil Penalty and the Respondent’s Class C-08 License was revoked on July 10, 2007. 4. There was no credible evidence of any interference by the Complainant. 5. 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 prior Order of the Registrar of Contractors. On the contrary, credible evidence of record establishes the Respondent has repeatedly failed to properly accomplish compliance with the terms and conditions of the prior Order and 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. 6. Notice is taken of the Respondent’s prior license record with the Registrar of Contractors. 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 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 the Respondent’s Class C- 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, October 2, 2007.

______________________________________ M. Douglas Administrative Law Judge

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

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

By ___________________________

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Office of Administrative Hearings 100 North Stone Avenue, Suite 704 Tucson, Arizona 85701 (520) 628-5488