ALJDEC decisions subject to certification as final

2009A-1225047-ROC-com · Registrar of Contractors · 2011-05-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 11, 2011, at 8:00 A.M. APPEARANCES: The Complainants appeared through Michael Westphall. 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 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 prior Order of the Registrar provides for the revocation of the Respondent’s License unless the Respondent has fully complied with the terms of the September 16, 2009, Order of the Registrar. 2. On January 21, 2011, the Registrar of Contractors issued an Order Setting Compliance Hearing which provides, in pertinent part, as follows:

Upon review and consideration of the parties’ submissions, and with good cause appearing, IT IS ORDERED that a Compliance Hearing be scheduled in the expedited course of docketing in the Phoenix area. At the Compliance Hearing, the parties’ may offer evidence and testimony as to whether or not Respondent had complied with the terms and conditions of the Registrar’s September 16, 2009 Order issued in this matter. If it is determined that Respondent has failed to fully comply with the Registrar’s written directives, Respondent’s B.159965-R License shall be subject to the immediate imposition of discipline. 3. The assigned Agency Inspector testified that he conducted a prehearing compliance inspection on April 12, 2011, and observed that the Complainants’ roof had not been corrected and that the roof was still leaking. 4. The Complainant testified that his roof was still leaking and that the Complainants’ Cistern was still leaking. 5. Undisputed credible testimony and evidence established that the Complainants’ roof has not been corrected and that the roof is still leaking. 6. Undisputed credible testimony and evidence established that the Complainants’ cistern has not been corrected and that the cistern is still leaking. 7. Undisputed credible testimony and evidence established that the Respondent has failed to fully comply with the terms of the September 16, 2009, Order of the Registrar. 8. Undisputed 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 September 16, 2009, Order of the Registrar. On the contrary, undisputed credible testimony established that the Respondent has repeatedly failed to properly accomplish compliance with the terms of the September 16, 2009, Order of the Registrar and that the Respondent’s efforts appear to have been directed to delay and excuse, rather than to achieve, compliance with the September 16,2009, Order of the Registrar. CONCLUSIONS OF LAW 1. Undisputed credible testimony and evidence presented during the compliance hearing supported findings that establish that the Respondent has not fully complied with terms of the September 16, 2009, Order of the Registrar. 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 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, May 11, 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