ALJDEC decisions subject to certification as final

2005A-121405612-ROC · Registrar of Contractors · 2010-09-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 30, 2010 at 1:00 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Order on Rehearing Limited to the presentation of the parties’ Settlement Agreement and a review of the appropriateness of the penalty assessed in the Registrar’s December 23, 2009 Order: FINDINGS OF FACT 1. A copy of the parties’ written settlement agreement is attached hereto as Exhibit A. 2. Pursuant to the terms of the Settlement Agreement, the Respondent agreed pay the Complainant an agreed upon sum of money. The Complainant agreed to release the Respondent from all claims regarding the air conditioning installation at Complainant’s residence. 3. Credible testimony and evidence established that the Complainant has signed the Settlement Agreement and received and cashed the Respondent’s check. 4. There was no dispute that the parties’ Settlement Agreement has been fully completed. 5. In accordance with the terms of the parties’ Settlement Agreement the Respondent is not responsible for any further construction work on the Complainant’s air conditioning system. 6. The Respondent has previously been found to have failed to comply with the terms and conditions of the parties’ prior Settlement Agreement and has previously been found to have violated charged provisions of A.R.S. § 32-1154(A). 7. Notice is taken of the Respondent’s prior License Record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. A general policy of law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by the tribunal having jurisdiction over the issues and statutory enforcement authority. 2. A.R.S. § 32-1154B provides, in relevant part, as follows: The registrar may…temporarily suspend, with or without imposition of specific conditions in addition to increased surety bond or cash deposit requirements, or permanently revoke any or all licenses issued under this chapter if the holder of the license issued pursuant to this chapter is guilty of or commits any of the acts or omissions set forth in subsection A of this section. 3. A review of the entire record in this matter establishes that a period of active suspension of the Respondent’s Class C-39R License is appropriate along with an increase in the Respondent’s bond. Recommended ORDER In view of the foregoing, it is recommended that License No. 162168, Class C-39R, of Stephen Greg Owens dba Western States Mechanical (Indiv.) be placed on active license suspension for a period of thirty (30) days. It is further recommended that any restoration of Respondent’s contracting rights shall be subject to a condition that Respondent first post an additional surety bond, cash deposit or alternative deposit for a period of twenty-four (24) months, including future renewal periods, in the amount of $1,000.00, such bond or deposit to be in addition to the required surety bond or cash deposit set forth in A.R.S. § 32-1152(D). Cash or alternative additional deposits, if utilized, shall be returned only after the expiration of an additional two year period following the above-provided twenty-four (24) month period and only if no claims are then pending. The failure by the Respondent to post the aforesaid additional surety bond, cash deposit or alternative deposit, on or before days following the effective date of the Order entered in this matter, shall result in the automatic revocation of the Respondent’s Class C-39R License, effective on such deadline date. Done this day, September 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