ALJDEC decisions subject to certification as final

10F-1626-ROC · Registrar of Contractors · 2010-05-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 16, 2010 APPEARANCES: Haskins Electric, L.L.C. was represented by its member, Charles B. Haskins, Jr. U S Builders, L.L.C., doing business as Nicholas Homes Contracting, was represented by its financial officer, Harry Griffith. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. U.S. Builders, L.L.C., doing business as Nicholas Homes Contracting (“Respondent”), is the holder of License No. 168846, a Class B- contracting license issued by the Registrar of Contractors (“Registrar”). 2. Haskins Electric, L.L.C. (“Complainant”) is the holder of License No. 217552, a Class C-11 contracting license issued by the Registrar. 3. On October 29, 2009, Complainant filed a written Complaint with the Registrar alleging nonpayment by Respondent in the total amount of $2,401.53 for two projects for electrical work performed by Complainant on behalf of Respondent. The Registrar designated the Complaint as Case No. 10-1626. 4. The Registrar issued a Citation and Complaint in Case No. 10-1626 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (11). 5. The Registrar forwarded Case No. 10-1626 to the Office of Administrative Hearings, an independent agency, for formal hearing. 6. There is credible evidence that Respondent owes Complainant the sum of $2,401.53, as alleged in the Complaint. 7. A review of the Registrar’s official electronic records reveals that Respondent’s License No. 168846 was revoked on September 30, 2009. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.R.S. § 32-1154(C), the revocation of Respondent’s License No. 168846 does not deprive the Registrar of the authority to impose additional disciplinary action against that license for proven violations in this matter. 3. Respondent violated the provisions of A.R.S. § 32-1154(A) (11), as charged in the Citation and Complaint issued by the Registrar. The evidence of record supports this conclusion. RECOMMENDED ORDER Respondent’s License No. 168846 shall be revoked in Case No. 10-1626 on the effective date of the Order entered in Case No.10-1626. In the event of certification of the 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 that certification. Done this day, May 3, 2010.

/s/ Brian Brendan Tully 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