Vacate

08F-2183-ROC · Registrar of Contractors · 2008-12-09

STATE OF ARIZONA OFFICE OF ADMINISTRATIVE HEARINGS

|Spray Systems of Arizona, Inc. dba | | No. 08F-2183-ROC | |Spray Systems Environmental, | | | | | | | |Complainant, | | | | | |ADMINISTRATIVE | |-v- | |LAW JUDGE | | | |DECISION | |License No. 237018, Class KB-01 of | |(Recommending Dismissal | |Kimcorp Construction, LLC (LLC), | |Based on Failure to | | | |State an ROC Claim) | |Respondent. | | | | | | |

HEARING: December 9, 2008

APPEARANCES: Complainant was represented by Stacy Boyles, Accounts Receivable, who was accompanied by Steve Beirl, Project Manager; Respondent was represented by its Managing Member Yuin Kim, accompanied by witnesses Barry Phillips and Bruce Feicht.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The parties’ authorized representatives arrived for hearing in this matter as noted above. After a brief discussion between the parties, the hearing was called and began. During the opening stage of the hearing, the Administrative Law Judge confirmed the following facts that were not in dispute: (1) The claim is based on a February 2007 written contract for asbestos removal between Complainant as a contractor and “Kim Corporation” who is designated in the contract as “owner” of the property, an apartment complex. (2) Respondent asserted that Kim Corporation was a separate entity from the Respondent LLC and that Kim Corporation was owner of the property. Complainant had no reason or evidence to dispute this. (3) The parties agreed that Respondent was not licensed until September 2007. (4) Complainant did not have a contract with Respondent. (5) Complainant agreed that it did not have evidence to show that Respondent was contracting without a license in February 2007, and Complainant asserted that it was not proceeding on that claim. (6) Complainant is attempting to enforce the February 2007 contract between itself and Kim Corporation, the owner of the property and not a licensed contractor.

Once these undisputed facts were established, the hearing was adjourned without taking evidence. Based on the undisputed facts, IT IS HEREBY ORDERED that the hearing in this matter be vacated for failure to state a claim under A.R.S. § 32-1154(A) against the named Respondent. IT IS RECOMMENDED that the complaint in 08-2183 against Kimcorp Construction, LLC be dismissed.

Done this 9th day of December 2008.

Office of Administrative Hearings

______________________________ Eric A. Bryant Administrative Law Judge

Copies mailed this ___ day of December 2008 to:

Armando Contreras Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

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

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