ALJDEC decisions subject to certification as final

2008A-7250452-ROC · Registrar of Contractors · 2010-08-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 19, 2010 at 1:00 p.m. APPEARANCES: The Complainants appeared through Scott Irvine. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for a Compliance Hearing to determine whether the Respondent has complied with the terms 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. Undisputed credible testimony and evidence established that the parties’ Settlement Agreement required the Respondent to make monthly payments of $500.00 each month to the Complainants until the sum of $2,500.00 was fully paid. 2. There was no dispute that the Respondent made the first $500.00 payment and failed to make any additional payments to the Complainants. 3. Undisputed credible testimony and evidence established that the Respondent has failed to comply with the terms and conditions of the parties’ Settlement Agreement. 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 parties’ Settlement Agreement. On the contrary, credible evidence of record establishes that the Respondent has failed to comply with the terms of the parties’ Settlement Agreement and that the Respondent’s efforts appear to have been directed to delay and excuse, rather than to make the agreed upon payments to the Complainants. 5. The Complainants have obtained a $2,000.00 civil judgment against the Respondent but have been unable to satisfy their judgment. 6. Undisputed credible testimony and evidence established that the Respondent is still advertising for construction business as a licensed contractor despite the fact that the Respondent’s License No. B-3.232565- R has expired. 7. 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 that establish that the Respondent has failed to comply 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 B- 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, August 19, 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