ALJDEC decisions subject to certification as final

2007A-12351105-ROC · Registrar of Contractors · 2011-06-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 9, 2011, at 1:00 p.m. APPEARANCES: The Complainants appeared through their attorney, Noah J. Van Amburg. The Respondent appeared through its attorney, Eric Hawkins. ADMINISTRATIVE LAW JUDGE: M. Douglas.

This matter came on for a Compliance Hearing to determine whether the Respondent has fully complied with the terms of the March 9, 2009 Order of the Registrar. Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Recommended Order on Compliance Hearing are made: FINDINGS OF FACT 1. The Order Setting Compliance Hearing provides, in pertinent part, as follows: At the Compliance Hearing, the parties may offer evidence and testimony as to whether or not Respondent has fully complied with the terms set forth in the Registrar’s March 9, 2009 Order, absent unreasonable interference or denial of access by Complainants. If it is determined that Respondent failed to fully comply with the terms of the March 9, 2009 Order, absent unreasonable interference or denial of access by Complainants, then its B.193460-R License shall be subject to the immediate imposition of discipline. If it is determined that Complainants have unreasonably interfered or denied access to Respondent or its representatives, then no suspension shall be imposed and the matter will be closed. 2. Credible testimony and evidence presented during the Compliance Hearing established that the Respondent has failed to comply with the terms of the Registrar’s March 9, 2009 Order. 3. Credible evidence established that the Respondent’s actions over a prolonged period of time are not indicative of a good faith desire to resolve this matter by complying with the terms of the March 9, 2009 Order of the Registrar. On the contrary, credible evidence of record establishes that the Respondent has repeatedly failed to properly accomplish compliance with the terms of the prior Order and that the Respondent’s efforts appear to have been directed to delay and excuse rather than to achieve compliance with the March 9, 2009 Order of the Registrar. 4. Credible testimony and evidence established that there was no unreasonable denial of access in this matter. 5. A licensed contractor is not entitled to an unlimited period of time or an endless succession of opportunities to comply with specified conditions which reduce, eliminate, or terminate, disciplinary action against the Contractor’s License. CONCLUSIONS OF LAW 1. Credible testimony and evidence presented during the compliance hearing supported findings which establish that the Respondent has not fully complied with the terms of the March 9, 2009 Order of the Registrar. RECOMMENDation on compliance hearing In view of the foregoing, it is recommended that the Respondent’s License be suspended pursuant to the terms of the March 9, 2009 Order of the Registrar. 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, June 22, 2011.

/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