ALJDEC decisions subject to certification as final

2010A-11056226-ROC · Registrar of Contractors · 2011-09-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 30, 2011

APPEARANCES: No one appeared on behalf of Complainant; no one appeared for Respondent.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The hearing in this matter was set as a compliance hearing and scheduled for 8:00 a.m. on September 30, 2011. As noted above, Complainant did not appear at the appointed time and place. Neither did Respondent appear. This tribunal waited until 8:30 a.m., but neither party appeared. Because this matter was a compliance hearing, the Administrative Law Judge was directed in the Notice of Compliance Hearing “to determine whether or not Respondent has complied with the terms of the August 30, 2010 Default Decision and Order.” Based on the following, the Administrative Law Judge determines that Respondent has not. The record shows that the complaint in this case was an allegation under the no-pay provision of the Registrar of Contractors (”ROC”) statutes.[1] Respondent defaulted and a Default Decision and Order (“D & O”) was issued August 30, 2010. That D & O revoked Respondent’s license unless Respondent filed written confirmation with the ROC showing that Respondent had paid Complainant $3,479.17 before October 9, 2010. No written confirmation was filed. However, the revocation was not implemented.[2] According to an August 3, 2011, Order Reopening Complaint and Setting Compliance Hearing, issued by the ROC, the case was closed on January 7, 2011. However, there is no written record of that closure in the file.[3] The date for the compliance hearing was set by notice issued August 12, 2011 and sent to both parties. According to the documents in the file, Respondent did not meet the compliance deadline in the D & O and, therefore, Respondent’s license could have been revoked on October 9, 2010. No evidence has been presented to show that Respondent has complied with the D & O as of today’s date. Considering the foregoing, IT IS RECOMMENDED that license KB-1.215782- D, held by Fusion Design and Development LLC be revoked.

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, September 30, 2011.

/s/ Eric A. Bryant Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] A.R.S. § 32-1154(A)(11). [2] According to the D & O, it was “self-operative.” Yet, the license history for Respondent’s license shows that it is current and active with no disciplinary actions. [3] A letter issued from the ROC on November 17, 2010, acknowledged that the effective date of the D & O had passed. Even so, the letter allowed for the closure of the case “without disciplining the Respondent’s license” if Complainant sent a written request for such action. No such written request is in the file. Yet, apparently, the matter was closed in January 2011.

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