ALJDEC decisions subject to certification as final

2008A-7665076-ROC · Registrar of Contractors · 2010-06-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 15, 2010 at 1:00 p.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent appeared through its authorized representative, Jose Nino. 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 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: In view of the foregoing, and with good cause appearing, IT IS ORDERED that a Compliance Hearing be scheduled in the expedited course of docketing in the Phoenix area to determine whether or not Respondent has fully complied with the Registrar’s July 28, 2009 Order, absent unreasonable interference or denial of access by Complainant. If it is determined that Respondent has failed to comply with the July 28, Order, absent unreasonable interference or denial of access by Complainant, then Respondent’s Class K-61 License No. 232130 shall be subject to the immediate imposition of suspension. It if is determined that Complainant has unreasonable interfered or denied access to Respondent or its representative, then Case No. G08-0766 shall be closed without the suspension of Respondent’s License. Respondent’s License shall be placed on probation for a period of ninety (90) days, and Complainant shall not be granted access to the Residential Contractors’ Recovery Fund, even if otherwise found to be eligible. 2. The Complainant testified that the Respondent had not fully complied with the terms of the prior Order of the Registrar issued in this matter and that her deck required extensive correction. 3. The assigned Agency Inspector testified that he had conducted a prehearing inspection and that in his opinion the Respondent had fully complied with the terms of the prior Order of the Registrar. 4. Credible testimony and evidence, presented at hearing, established that the Respondent has fully complied with the Registrar’s Order of July 28, 2009.

CONCLUSIONS OF LAW

1. Credible testimony and evidence, presented at hearing, supported findings that establish that the Respondent has fully complied with the terms of the prior Order of the Registrar of Contractors.

RECOMMENDed order on compliance hearing

In view of the foregoing, it is recommended that this matter be closed without the suspension of the Respondent’s License and that Respondent’s License No. K-61.232130-D shall be placed on disciplinary probation for a period of ninety (90) days. 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 16, 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