ALJDEC decisions subject to certification as final

2008A-30370895-ROC · Registrar of Contractors · 2010-06-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 15, 2010 at 8:00 a.m. APPEARANCES: The Complainant appeared on his 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 of the previously entered 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 Registrar’s Order Setting Compliance Hearing provides, in pertinent 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 Registrar’s July 8, 2009 Order, absent unreasonable interference or denial of access by Complainant. If it is determined that Respondent has failed to fully comply with the terms of the July 8th Order, absent unreasonable interference or denial of access by Complainant, then Respondent’s License shall be subject to the immediate imposition of discipline. If it is determined that Complainant has unreasonably interfered or denied access to Respondent or its representatives in their attempt at compliance, then Respondent’s Class K-21 License No. 192367 shall be placed on sixty (60) days probation, and Complainant shall not be granted access to the Residential Contractors Recovery Fund, even if otherwise found to be eligible. 2. The assigned Agency Inspector testified that he had performed a prehearing inspection and that he found that no remedial work had been performed by the Respondent. 3. The credible evidence of record established that the Respondent has failed to fully comply with the terms of the prior Order. 4. 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 prior 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 and conditions 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 prior Order of the Registrar of Contractors. 5. Notice is taken of the Respondent’s prior license record with the Registrar of Contractors.

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 and conditions of the prior Order of the Registrar of Contractors. 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-21.192367-D 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, June 15, 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