ALJDEC decisions subject to certification as final

2008A-2828698-ROC · Registrar of Contractors · 2011-12-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 14, 2011, at 8:00 a.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 had fully complied with the terms of the November 20, 2008 Order of the Registrar issued in this matter. 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 complied with the terms set forth in the Registrar’s November 20, 2008 Order. If it is determined that Respondent has failed to fully comply with the terms of the Registrar’s Order, Respondent’s KB-2.172544-D License shall be subject to the immediate imposition of discipline.

2. The Respondent’s Class KB-2 (No. 172544) was voluntarily canceled on February 24, 2010. 3. The assigned Agency Inspector testified that he had performed a pre- hearing Compliance Inspection on December 13, 2011, and found that the Respondent had failed to fully comply with the terms of the Registrar’s November 20, 2008 Order. 4. The Complainant testified that the Respondent had failed to comply with the terms of the Registrar’s November 20, 2008 Order and that the Respondent’s representative behaved in an unacceptable manner during the December 13, 2011 pre-hearing Compliance Inspection. 5. Undisputed credible testimony and evidence established that the Respondent has failed to fully comply with the terms of the Registrar’s November 20, 2008 Order. 6. Undisputed credible testimony and 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, undisputed credible testimony and evidence established that the Respondent has repeatedly failed to properly accomplish compliance with the terms of the Registrar’s November 20, 2008 Order and that the Respondent’s efforts appear to have been directed to delay and excuse, rather than to achieve, compliance with the Registrar’s November 20, 2008 Order. 7. Notice taken of the Respondent’s prior license record with the Registrar of Contractors. 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 Registrar’s November 20, 2008 Order. 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. 3. The Registrar’s November 20, 2008 Order found that the Respondent had violated the charged provisions of A.R.S. § 32-1154 (A) (2) (Departure from or disregard of plans and specifications or any building codes) and A.R.S. § 32-1154 (A) (3), namely, A.A.C. rule R4-9-108 (failure to perform work in a professional and workmanlike manner). RECOMMENDed order In view of the foregoing, it is recommended that the Respondent’s License 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, December 14, 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