ALJDEC decisions subject to certification as final

07F-Y0127-ROC · Registrar of Contractors · 2009-03-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 17, 2009, at 1:30 p.m. APPEARANCES: The Complainants appeared through Beatriz Cruz. The Respondent failed to appear. A Spanish/English interpreter was present for the hearing. 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 Corrective Work Order issued by 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 October 6, 2008, the Registrar issued an Order Reopening and Setting Compliance Hearing. The Order provides, in pertinent part, as follows: “At the Compliance Hearing, the parties may present evidence and testimony as to whether or not Respondent has complied with the Corrective Work Order, absent unreasonable interference or denial of access by Complainants. If it is determined that Respondent has not complied with the Corrective Work Order…Respondent’s Class KB-02 License No. 173024 may be subject to the immediate imposition of discipline.” 2. Undisputed credible testimony by the assigned Agency Inspector and by the Complainants established that the Respondent has failed to comply with the terms and conditions of the Corrective Work Order issued in this matter. 3. Credible testimony 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 Corrective Work Order issued in this matter. On the contrary, credible evidence of record establishes that the Respondent has repeatedly failed to properly accomplish compliance with the terms and conditions of the Corrective Work Order and the Respondent’s efforts appear to have been directed to delay and excuse, rather than to achieve, compliance with terms and conditions of the Corrective Work Order. 4. 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 Corrective Work Order issued in this matter. 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 KB- 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, March 17, 2009.

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2009, to:

Registrar of Contractors William A. Mundell c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012, Director

By ___________________________ -----------------------

Office of Administrative Hearings 100 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 Fax: (520) 628-5575 www.azoah.com