ALJDEC decisions subject to certification as final

08F-1869-ROC-com · Registrar of Contractors · 2010-02-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 22, 2010 at 1:00 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Mark Pisanelli. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for a Compliance Hearing to determine whether the Respondent has fully complied with the terms and conditions of the previously entered Decision and Order of the Registrar of Contractors. Evidence and testimony were presented and 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, which has become final in the absence of any timely appeal, provides for the suspension of the Respondent’s Class K-05 License until the Respondent has fully 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 fully comply with the terms and conditions of the prior Order. 3. Credible 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, 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. Although the Registrar of Contractors normally allows a contractor an additional opportunity to correct its own construction deficiencies and errors subsequent to hearing, under all of the salient facts and circumstances presented herein, this Respondent should not be allowed to wreak any further havoc on the life of this homeowner. Thus, any condition placed into this Order for the purpose of allowing Respondent to accomplish corrective work as a means to reduce or eliminate otherwise appropriate disciplinary penalties should include the requirement that Respondent cause another properly licensed contractor to fully comply with the terms and conditions of the prior Order.

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 that it is recommended on the effective date of the Registrar’s Order that the Respondent’s Class K- License shall be revoked unless the Registrar of Contractors receives and accepts written proof that the Respondent has caused a licensed contractor to fully comply with the terms and conditions of the prior Order. It is further recommended that if the Respondent causes a licensed contractor to fully comply with the terms and conditions of the prior Order, then the above provided License revocation shall not take place and that this matter be closed. 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 22, 2010.

/s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826