ALJDEC decisions subject to certification as final

10F-UY0023-ROC · Registrar of Contractors · 2009-10-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 5, 2009 at 1:00 p.m. APPEARANCES: The Defendant appeared on his own behalf. The Registrar of Contractors appeared through Assistant Attorney General Kathryn Winters. A Spanish/English speaking interpreter was present for the hearing. 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. On August 6, 2009, an assigned Agency Investigator found the Defendant’s business card on a bulletin board located at 2241 S. Ave. A STE #11 Yuma, AZ. 2. There was no dispute that the Defendant’s business card contained a false ROC License number. 3. The Defendant testified that he is not a licensed contractor and that he has never been a licensed contractor and that he does not intend to become a licensed contractor. 4. There was no dispute that the Agency Investigator interviewed the Defendant and that on August 6, 2009, a Warning letter and a Cease & Desist Order with a written assessment of a civil penalty in the sum of $1,500.00 for the advertising without a license was mailed to the Defendant. 5. Credible testimony and evidence established that the Defendant had been previously warned about advertising without a license and that the Defendant had agreed to remove all such business cards from public display and to correct all improper advertising. 6. The civil penalty of $1,500.00 requested in the instant matter is found to be reasonable and appropriate. CONCLUSIONS OF LAW 1. A.R.S. §.32-1165 provides in part as follows: …It is a class 1 misdemeanor for any person to advertise that he is able to perform any service or contract for compensation subject to regulation by the registrar under the terms of this chapter unless a license under the terms of the chapter is first obtained regardless of whether his operations as a contractor are otherwise exempt. 2. A.R.S. § 32-1166 (A) provides that for violating the applicable provisions of this chapter the Registrar of Contractors may impose a civil penalty from $200.00 up to $2,500.00 for multiple violations committed on the same day. Here there is only one violation charged. The penalty sought to be assessed is $1,500.00, which is within the statutory amount. 3. The Defendant did violate the provisions of A.R.S. § 32-1165 as charged and the civil penalty assessed for that violation is permitted by statute.

RECOMMENDed order In view of the foregoing, it is recommended that the civil penalty assessed against the Defendant be affirmed and that the Registrar impose a civil penalty of $1,500.00 against the Defendant to be paid on or before the effective date of the Registrar’s final Order in this matter. 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, October 12, 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 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826