ALJDEC decisions subject to certification as final

09F-T0249-ROC · Registrar of Contractors · 2009-08-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 24, 2009 at 1:30 p.m. APPEARANCES: The Complainant appeared through its authorized representative, Charles Dunn. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT 1. The Respondent is the holder of a Class KB-01 License issued by the Registrar of Contractors. 2. There was no dispute that pursuant to the parties’ agreement the Complainant provided labor for a construction project wherein the Respondent was acting in the capacity of a general contractor. 3. Undisputed credible testimony established that the sum of $3,843.42 is the proper balance due and owing to the Complainant from the Respondent for the labor that was provided by the Complainant. 4. There was no dispute that notwithstanding repeated attempts and billings over a prolonged period of time said balance of $3,843.42 remains unpaid. 5. The Respondent ‘s failure to pay the aforementioned sum to the Complainant is not found to be in good faith. Accordingly, under all of the facts and circumstances presented herein the Respondent’s conduct is found to constitute a violation of the applicable charged provisions of the State’s Contracting Laws. 6. The Respondent’s action, in failing to pay monies when due despite repeatedly agreeing to do so, is found to constitute a wrongful act.

CONCLUSIONS OF LAW 1. The Respondent violated the charged provisions of A.R.S. § 32- 1154 (A)(7) (Wrongful act) and (A)(11) (Failure to pay monies when due).

RECOMMENDED ORDER In view of the foregoing, it is recommended commencing on the effective date of the Registrar of Contractors’ Order that the Class KB-01 License of the Respondent be revoked unless the Registrar of Contractors receives and accepts written proof that the Respondent has paid the sum of $3,843.42 to the Complainant. It is further recommended that if Respondent pays the above described sum of money on or before the effective date of the Registrar’s Order then the aforementioned 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, August 24, 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 ___________________________

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