ALJDEC decisions subject to certification as final

2007A-13393377-ROC-com · Registrar of Contractors · 2010-08-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 18, 2010 at 8:00 a.m. APPEARANCES: The Complainants appeared through Helen Bagay. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for a Compliance Hearing to determine whether the Respondent has fully complied with the terms and conditions of the parties’ Settlement Agreement. 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 Registrar of Contractors’ Order Reopening Complaint and Setting Compliance Hearing provides, in relevant part, as follows: At the Compliance Hearing, the parties may present evidence and testimony as to whether or not Respondent has fully complied with the terms set forth in the parties’ Settlement Agreement, absent unreasonable interference or denial of access by Complainants. If it is determined that Respondent has failed to fully comply with the terms set forth in the Settlement Agreement, Respondent’s Class K-08 License No. 159926 shall be subject to the immediate imposition of discipline. 2. The assigned agency inspector testified that he performed a prehearing inspection on August 13, 2010. The Inspector observed that the Respondent had failed to perform the agreed upon corrective work as required in the parties’ Settlement Agreement. 3. The Complainant testified that the Respondent had been given repeated extensions of time and repeated opportunities to perform the agreed upon corrective action and that the Respondent had failed to perform the agreed upon corrective action despite being given repeated opportunities to do so. 4. Undisputed credible testimony and evidence established that the Respondent has failed to comply with the terms and conditions of the parties’ Settlement Agreement. 5. 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 parties’ Settlement Agreement. On the contrary, credible evidence of record establishes that the Respondent has repeatedly failed to properly accomplish compliance with the terms and conditions of the parties’ Settlement Agreement and that the Respondent’s efforts appear to have been directed to delay and excuse, rather than to achieve, compliance with the terms of the parties’ Settlement Agreement. 6. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors and of the fact that the Respondent voluntarily canceled its Class K-8 License on May 17, 2010. CONCLUSIONS OF LAW 1. Undisputed credible testimony and evidence presented during the compliance hearing supported findings that establish that the Respondent has not fully complied with the terms of the parties’ Settlement Agreement. 2. 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.

RECOMMENDed order on compliance hearing In view of the foregoing, it is recommended that the Respondent’s Class K-08 (License No. 159926) be revoked. 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, August 18, 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