ALJDEC decisions subject to certification as final

09F-Y0186-ROC · Registrar of Contractors · 2010-04-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 2, 2010 at 8:00 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Chester Scott. 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’s Class KB-02 License was suspended on January 1, 2010 for lack of bond. 2. Undisputed credible testimony and evidence established that the Complainant furnished construction materials for a construction project wherein the Respondent was acting in the capacity of a licensed contractor.

3. Undisputed credible testimony and evidence established that the parties entered into a settlement agreement wherein the Respondent agreed to pay the Complainant the sum of $150.00 per month until the entire invoice for the delivered construction materials was completely paid for. 4. There was no dispute that the Respondent failed to comply with the terms and conditions of the parties’ settlement agreement. 5. Undisputed credible testimony and evidence established that the sum of $2,185.72 is the proper balance due and owing to the Complainant from the Respondent. 6. There was no dispute that notwithstanding repeated attempts and billings over a prolonged period of time, said balance remains unpaid. 7. The Respondent‘s failure to pay the aforementioned sum of $2,185.72 to the Complainant is not found to be in good faith and accordingly, under all of the facts and circumstances presented herein the Respondent’s conduct is found to constitute a violation of the applicable charged provision of the state’s contracting Laws.

CONCLUSIONS OF LAW

1. The Respondent violated the charged provisions of A.R.S. §32-1154A (11) (Failure to pay monies when due).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that on the effective date of the Registrar’s Order that the Class KB-02 License of the Respondent be revoked unless the Registrar of Contractors receives and accepts written proof that the Respondent has paid the sum of $2,185.72 to the Complainant. It is further recommended that if the Respondent pays the above described sum of money to the Complainant on or before the effective date of the Registrar’s Order then the aforementioned license revocation shall not take place and that this matter shall 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, April 2, 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