ALJDEC decisions subject to certification as final

2009A-114153426-ROC · Registrar of Contractors · 2011-06-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 2, 2011 APPEARANCES: The Arizona Registrar of Contractors was represented by Assistant Attorney General Seth T. Hargraves. Barbara Rex Meade, doing business as Journeyman Electric and Plumbing, appeared telephonically. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. The Registrar of Contractors (“Registrar”) is the authority for licensing and regulating residential and commercial construction contracting in the State of Arizona. 2. Barbara Rex Meade, doing business as Journeyman Electric and Plumbing (“Respondent”), was an unlicensed electric and plumbing contractor in Arizona.[1] 3. On May 5, 2009, the Registrar conducted a statewide sweep targeting unlicensed contractors who posted business cards and advertising without disclosing their unlicensed status. The sweep also targeted licensed contractors who failed to properly list their contracting license number on the requisite documents. 4. During the Registrar’s investigation, a business card soliciting electric and plumbing work for Respondent was found posted at the Ace Hardware Store, 1570 Highway 89-A, Sedona, Arizona. Respondent’s business card failed to disclose that she was an unlicensed contractor, as required by statute. The Registrar’s investigation of Respondent was designated as Case No. U09-1415. 5. Upon further investigation, the Registrar’s investigation revealed that Respondent had been issued a Cease and Desist Order for advertising without a license on September 28, 2006. 6. On June 15, 2009, the Registrar’s assigned investigator, Don Herman, issued Respondent a Cease and Desist Order in Complaint No. U09-1415. 7. Also on June 15, 2009, Investigator Herman issued a Civil Citation to Respondent for violating the provisions of A.R.S. § 32-1165. The Civil Citation imposed a civil penalty in the amount of $1,500.00. 8. The Civil Citation was mailed to Respondent in Michigan by certified mail, return receipt requested. The mailing was received on June 29, 2009. 9. On July 7, 2009, Respondent requested an administrative hearing in response to the Civil Citation. 10. At the hearing, Investigator Herman testified that he examined both sides of Respondent’s business card found at the Ace Hardware Store and that it did not contain language stating that Respondent was an unlicensed contractor. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over the subject matter in this case. 2. A.R.S. § 32-1121(A) (14) sets forth the requirements for unlicensed contracting, also referred to as the “handyman” exemption. A.R.S. § 32- 1121(A) (14) (c) requires an unlicensed contractor to include the words “not a licensed contractor” in advertising. Respondent did not include that language on her business card posted at the Ace Hardware Store in Sedona. 3. As a result of Respondent’s failure to comply with the provisions of A.R.S. § 32-1121(A) (14) (c), she violated the provisions of A.R.S. § 32-1165. 4. Pursuant to A.R.S. § 32-1166, the Registrar has the authority to impose a civil penalty for Respondent’s violations in this matter. In light of Respondent’s prior Cease and Desist Order issued in 2006, the Registrar’s civil penalty of $1,500.00 is justified by the evidence of record. RECOMMENDED ORDER The Respondent’s appeal in Case No. U09-1415 is dismissed. The Registrar’s imposition of a Civil Penalty in the amount of $1,500.00 for Respondent’s violation in this matter is upheld and affirmed. In the event of certification of the 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 that certification.

Done this day, June 14, 2011.

/s/ Brian Brendan Tully Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] Ms. Meade currently resides in Michigan.

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826