ALJDEC decisions subject to certification as final

2009A-16152666-ROC-com · Registrar of Contractors · 2010-09-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 22, 2010 at 1:00 p.m. APPEARANCES: The Complainant appeared through his attorney, David Allegrucci. 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 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 Order Reopening Complaint and Setting Compliance Hearing provides, in relevant 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 terms set forth in the parties’ Settlement Agreement, absent unreasonable interference or denial of access by Complainant. If it is determined that Respondent has failed to fully comply with the terms set forth in the Settlement Agreement, absent unreasonable interference or denial of access by Complainant, then its Class K-65 License No. 215288 may be subject to the immediate imposition of discipline. 2. The credible evidence of record established that the Respondent has failed to fully comply with the terms of the parties’ Settlement Agreement. 3. Undisputed 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, credible testimony and evidence established that the Respondent failed to even contact the Complainant after entering into the Settlement Agreement. 4. Undisputed credible testimony and evidence established that the Respondent has repeatedly failed to properly accomplish compliance 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 achieve, compliance with the terms of the parties’ Settlement Agreement. 5. There was no credible evidence of any denial of access or unreasonable interference by the Complainant. 6. Notice is taken of the Respondent’s License record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. Undisputed credible testimony and evidence supported findings which establish 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 K-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, September 22, 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