ALJDEC decisions subject to certification as final

2009A-162884-ROC-com · Registrar of Contractors · 2010-07-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

COMPLIANCE HEARING: July 9, 2010 APPEARANCES: Sarah Farrar did not appear. Jesse Ray Newton, Jr. appeared personally. 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 on Compliance: FINDINGS OF FACT 1. Jesse Ray Newton, Jr., doing business as Charity Construction (“Respondent”), is the holder of License No. 209837, a Class B- contracting license issued by the Registrar of Contractors (“Registrar”). 2. Pursuant to the Notice of Compliance Hearing issued by the Registrar, this matter was forwarded to the Office of Administrative Hearings, an independent agency, “in order to determine whether or not Respondent has fully complied with the terms and conditions set forth in the Registrar’s November 10th Order,” the terms of which are incorporated herein by reference. 3. The commencement of the compliance hearing was delayed 15 minutes to allow for the late arrival of Sarah Farrar (“Complainant”) or an attorney authorized to represent her. After the delay, the Administrative Law Judge conducted the compliance hearing in Complainant’s absence. 4. At the compliance hearing, the Registrar’s assigned inspector, Mark Schweiger, testified that Complainant informed him that Respondent had complied with the Registrar’s November 10, 2009 Order. Therefore, no prehearing jobsite inspection was conducted by Inspector Schweiger. Complainant further informed Inspector Schweiger that she would not attend the compliance hearing. 5. Respondent confirmed that he had complied with the conditions set forth in the Registrar’s November 10, 2009 Order necessary to avoid the suspension of his contracting license. 6. Respondent fully complied with the conditions set forth in the Registrar’s November 10, 2009 Order. Therefore, Respondent’s license should not be suspended. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. As a result of Respondent’s compliance with the Registrar’s November 10, 2009 Order, Respondent has satisfied the condition imposed by the Registrar to avoid the suspension of his contracting license. 3. Pursuant to the terms of the Registrar’s November 10, 2009 Order, Respondent’s contracting license should be placed on disciplinary probation for 90 days commencing on “the date that the Registrar approves proof of Respondent’s compliance” with the conditions set forth in the Registrar’s November 10, 2009 Order.

RECOMMENDED ORDER ON COMPLIANCE Respondent’s License No. 209837 shall be immediately placed on 90 days probation on the date of the Registrar’s Order in this matter, pursuant to the terms of the Registrar’s November 10, 2009 Order. 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, July 12, 2010.

/s/ Brian Brendan Tully 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