ALJDEC decisions subject to certification as final

2010A-1083343-ROC · Registrar of Contractors · 2011-10-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

COMPLIANCE HEARING: September 23, 2011 APPEARANCES: Norman S. Wright Co. was represented by its authorized representative, Gael Gilliland. Ciera Mechanical, Inc. did not appear. 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. Pursuant to the Registrar of Contractors’ (“Registrar”) Notice of Compliance Hearing in Case No. 2010-1083343 (“Notice of Hearing”), the above-entitled matter came on for a compliance hearing before the Office of Administrative Hearings, an independent agency, “in order to determine whether or not Respondent has engaged in conduct constituting [a] violation of A.R.S. § 32-1154(A) (11) set forth in the Citation and Complaint and breached the terms set forth in the parties’ Settlement Agreement.” 2. The Notice of Hearing advised Norman S. Wright Co. (“Complainant”) and Ciera Mechanical, Inc. (“Respondent”) of the time, date, and location of the compliance hearing. The Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 3. The commencement of the compliance hearing was delayed 15 minutes to allow for the late arrival of Respondent’s authorized representative. After the delay, the Administrative Law Judge conducted the compliance hearing in Respondent’s absence. 4. The parties executed a settlement agreement dated February 24, 2009, that set forth, among other things, a repayment schedule that Respondent agreed to pay the outstanding balance owed to Complainant. 5. At the compliance hearing, Complainant presented credible evidence establishing that Respondent breached the parties’ settlement agreement by not repaying Complainant the outstanding balance owed by Respondent. 6. Complainant is presently owed the sum of $11,997.18. 7. A review of the Registrar’s official electronic licensing records reveals that Respondent’s License No. 150442 was suspended on July 21, 2010, until Respondent complies with a prior Order issued by the Registrar. Respondent’s contracting license has one disciplined complaint and one resolved/settled/withdrawn complaint against it. Respondent has a $2,500.00 bond post for its license. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.R.S. § 32-1154(C), the suspension of Respondent’s contracting license does not deprive the Registrar of the authority to impose discipline against Respondent’s License No. 150442 for proven statutory violations in this matter. 3. Respondent breached the parties’ settlement agreement. 4. Respondent violated the provisions of A.R.S. § 32-1154(A) (11), as charged in the Citation and Complaint issued by the Registrar. Respondent owes Complainant the sum of $11,997.18. / / / / / / / / RECOMMENDED ORDER ON COMPLIANCE Respondent’s License No. 150442 shall be immediately revoked by the Registrar for violating the provisions of A.R.S. § 32-1154(A) (11) in Case No. 2010-1083343. If the Registrar receives written proof that Respondent has paid Complaint the sum of $11,997.18 within 30 days from the date of the revocation of License No. 150442, and the Registrar approves such proof of full payment, then the revocation of Respondent’s License No. 150442 shall be set aside and Case No. 2010-1083343 shall be closed. 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 five (5) days from the date of that certification. Done this day, October 3, 2011.

/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