ALJDEC decisions subject to certification as final

08F-S0183-ROC · Registrar of Contractors · 2009-05-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 14, 2009 at 9:00 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Gerald Hessler. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

The following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. Respondent is the holder of a Class KB-01 License issued by the Registrar of Contractors. 2. The Complainant is a licensed contractor in the Sierra Vista area. 3. When the Complainant had reason to believe that the Respondent had failed to comply with the State’s licensing laws, the Complainant filed a formal Complaint against the Respondent with the Registrar of Contractors. 4. Undisputed credible testimony and evidence established that the Respondent knowingly aided and abetted an unlicensed person to perform electrical work at the Kargel residence located at 17583 Lone Saguaro Road, Sahuarita Arizona. 5. Undisputed credible testimony and evidenced established that the Respondent knowingly aided and abetted an unlicensed person to perform plumbing work at the Kargel residence located at 17583 Lone Saguaro Road, Sahuarita Arizona. 6. Undisputed testimony and evidence established that the Respondent knowingly departed from or disregarded applicable building codes in the construction of the Kargel residence. 7. Undisputed credible testimony and evidence established that the Respondent failed to comply with statutes or rules governing social security, workers’ compensation, and unemployment insurance. 8. The Respondent’s actions, in aiding and abetting unlicensed persons to evade the State’s contracting laws and in departing from applicable building codes and in failing to comply with applicable statutes and rules governing social security, workers’ compensation, and unemployment insurance, are found to constitute a wrongful act. 9. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. § 32-1154 (A) (2) (Departure from or disregard of plans or specifications or any building codes), (4) (Failure to comply with statues or rules governing social security, workers’ compensation, or unemployment insurance), (7) (Wrongful Act), and (10) (Aiding or abetting an unlicensed person to evade the provisions of this chapter). RECOMMENDed Order In view of the foregoing, it is recommended that the Respondent’s Class KB-01 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, May 14, 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