ALJDEC decisions subject to certification as final

2009A-14945723-ROC · Registrar of Contractors · 2010-06-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 25, 2010 at 10:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Keith Corley. 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 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. The Registrar’s Order Reopening Complaint 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 parties’ Settlement Agreement. If it is determined that Respondent has failed to fully comply with the terms of Settlement, the Respondent’s Class C-65 License No. 216721 may be subject to the immediate imposition of discipline. 2. Undisputed credible testimony established that the Respondent has failed to comply with the terms of the parties’ Settlement Agreement. 3. Credible testimony and 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, undisputed credible testimony establishes that the Respondent has failed to pay the Complainant the money that the Respondent agreed to pay the Complainant in parties’ Settlement Agreement and that the Respondent’s efforts over an extended period of time appear to have been directed to delay and excuse, rather than to achieve, compliance with the parties’ Settlement Agreement. 4. 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 the Respondent has not fully complied 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 C-65 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 25, 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