ALJDEC decisions subject to certification as final

2010A-100153324-ROC · Registrar of Contractors · 2010-06-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 16, 2010 at 8:00 a.m. APPEARANCES: The Registrar of Contractors appeared by and through Assistant Attorney General, Montgomery Lee. The Respondents appeared through their authorized representative, Anthony Wayne Dexter. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Recommended Orders are made:

FINDINGS OF FACT

1. The Registrar of Contractors, by and through its counsel, introduced four exhibits which were admitted without objection and the testimony of Ms. Lisa Meadows. 2. There was no dispute that Anthony Wayne Dexter dba A W D Construction (Indiv.) holds License No. 201494, a Class B-01 License that was issued on October 31, 2004. 3. There was no dispute that the same Anthony Wayne Dexter appears as owner and qualifying party on License No. 248355. 4. There was no dispute that Dexter Construction Inc. (Corp.) holds License No. 248355, a Class B- License that the Registrar issued on September 2, 2008. 5. There was no dispute that Anthony Wayne Dexter appears as secretary and qualifying party on License No. 248355. 6. There was no dispute that Dora Luz Dexter appears as the president of Dexter Construction Inc., (Corp.) on September 2, 2008 but resigned on July 1, 2009 on License No. 248355. 7. There was no dispute that on April 11, 1989, the Registrar issued License No. 077268, a Class B- License to Anthony Wayne Dexter dba Dexter Construction (Indiv.). 8. There was no dispute that Anthony Wayne Dexter appears as owner and qualifying party on License No. 077268. 9. Credible testimony and evidence established that on December 24, 2009, the Registrar of Contractors revoked License No. 077268 issued to Anthony Wayne Dexter dba Dexter Construction ( Indiv.) pursuant to a Decision and Order in Case No. S08-0056. 10. Credible testimony and evidence established that on December 24, 2009, the Registrar of Contractors revoked License No. 077268 issued to Anthony Wayne Dexter dba Dexter Construction (Indiv.) for failure to pay a $500.00 civil penalty pursuant to a Decision and Order in Case No. S08- 0056. 11. Anthony Wayne Dexter testified that the revocation of License 077268 in Case No. S08-0056 was unjustified because it was too harsh of a penalty for the matters addressed in Case No. S08-0056. 12. Credible testimony and evidence established that Anthony Wayne Dexter failed to comply with the terms of the Registrar’s Order issued in Case No. S08-0056. 13. Credible testimony and evidence established that Anthony Wayne Dexter dba Dexter Construction (Indiv.) failed to pay a $500.00 civil penalty pursuant to a Decision and Order issued in Case No. S08-0056.

CONCLUSIONS OF LAW

1. Credible testimony and evidence supported findings which establish that Respondent, License No. 201494, a Class B-01 License, issued to Anthony Wayne Dexter dba A W D Construction (Indiv.), has a person listed on its License which is revoked in violation of the charged provisions of A.R.S. § 32-1154A (21) (Having a person named on the license who is named on any other license which is under revocation). 2. Credible testimony and evidence supported findings which establish that Respondent License No. 248355, a Class B- License, issued to Dexter Construction Inc., (Corp., has a person listed on its License which is revoked in violation of the charged provisions of A.R.S. § 32-1154A (21) (Having a person named on the license which is named on any other license which is under revocation).

RECOMMENDed orderS

1. In view of the foregoing, it is recommended that License No. 201494, a Class B-01 License issued to Anthony Wayne Dexter dba A W D Construction (Indiv.), be revoked. 2. In view of the foregoing, it is recommended that License No. 248355, a Class B- License issued to Dexter Construction Co. Inc. (Corp.), 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 these Orders will be 40 days from the date of the certification. Done this day, June 17, 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