ALJDEC decisions subject to certification as final

08F-H0018-ROC-COM · Registrar of Contractors · 2009-08-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 5, 2009 at 1:30 p.m. APPEARANCES: The Complainants appeared through Jarod Marks. The Respondent appeared on his own behalf. 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 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 revocation of the Respondent’s Class B- License unless the Respondent has properly complied with the terms and conditions of the prior Order of the Registrar of Contractors. 2. The Notice of Compliance Hearing provides, in part, as follows: …a compliance hearing in the above-entitled matter will be held…in order to determine whether or not Complainants have unreasonably interfered with Respondent’s attempts at compliance, or whether or not Respondent has failed to comply with the terms of the Registrar’s September 26, 2008 Order, absent unreasonable interference on the part of Complainants. If it is determined that such unreasonable interference has occurred, no discipline shall be imposed upon Respondent’s Class B-License No. 172254 and this matter shall be closed. If it is determined that Respondent has failed to comply with the terms of the Registrar’s September 26th Order, absent unreasonable interference by Complainants, then Respondent’s Class B- License shall be immediately revoke in accordance with the terms of the September 26, 2008 Order. 3. Both parties demonstrated an ongoing inability to effectively communicate. However, credible testimony and evidence, presented at hearing, established that the Complainants did allow the Respondent’s selected alternative licensed contractor into their residence and that after the alternative contractor inspected the residence no corrective work, as required by the prior Order, was performed. 4. Credible testimony and evidence established that there was no unreasonable denial of access by the Complainants. 5. The credible evidence of record established that the Respondent has failed to 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.

RECOMMENDation on compliance hearing In view of the foregoing, it is recommended that 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, August 7, 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