ALJDEC decisions subject to certification as final

2008A-1652843-ROC · Registrar of Contractors · 2011-06-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 24, 2011, at 1:00 p.m. APPEARANCES: The Complainant appeared on her own behalf. 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 September 8, 2008 Default Decision and 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 Denying request to lift Suspension/Order Setting Compliance Hearing provides, in pertinent part, as follows: At the Compliance Hearing, the parties may present evidence and testimony regarding whether or not Respondent complied with the terms of the September 8, 2008 Default Decision and Order, absent unreasonable interference or denial of access on the part of Complainant. If it is determined that Complainant unreasonably interfered with Respondent’s attempts at compliance, then the Registrar shall lift the suspension of License No. B.219529-R and this matter shall be closed. If it is determined that Respondent failed to comply with the terms of the Default Decision and Order, absent unreasonable interference or denial of access by Complainant and/or performed corrective work that falls below the minimum workmanship standards, then the suspension shall stay in effect and Complainant will be allowed to file a claim with the Residential Contractor’s Recovery Fund, and if deemed eligible, a payout may be awarded. 2. An assigned Agency Inspector conducted a pre-compliance hearing inspection of the Complainant’s residence. 3. The Inspector testified that the September 8, 2008 Default Decision and Order of the Registrar had not been fully complied with. 4. The Complainant testified that the Respondent had failed to fully comply with the terms of the September 8, 2008 Default Decision and Order of the Registrar. 5. There was no credible evidence that there had been an unreasonable interference or denial of access on the part of the Complainant in this matter. 6. Undisputed credible testimony and evidence established that the Respondent failed to fully comply with the terms of the September 8, 2008 Default Decision and Order of the Registrar. 7. 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 and conditions of the prior Order of the Registrar of Contractors. On the contrary, credible evidence of record establishes that the Respondent has repeatedly failed to properly accomplish compliance with the terms of the September 8, 2008 Default Decision and Order of the Registrar and that the Respondent’s efforts appear to have been directed to delay and excuse, rather than to achieve compliance with the September 8, 2008 Default Decision and Order of the Registrar.

CONCLUSIONS OF LAW 1. Undisputed 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 September 8, 2008 Default Decision and Order of the Registrar. RECOMMENDed order In view of the foregoing, it is recommended that the suspension of the Respondent’s License stay in effect and that the Complainant be allowed to file a claim with the Residential Contractors’ Recovery Fund. 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 24, 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