ALJDEC decisions subject to certification as final

2010A-22009251-ROC · Registrar of Contractors · 2010-07-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 9, 2010 APPEARANCES: Old West Granite Co., L.L.C. was represented by its authorized representative, David Hanlon. Northroup Building Company, L.L.C. 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: FINDINGS OF FACT 1. Old West Granite Co., L.L.C. (“Complainant”) is the holder of License No. 195595 issued by the Registrar of Contractors (“Registrar”). 2. Northroup Building Company, L.L.C. (“Respondent”) is the holder of License No. 110899, a Class B-3 contracting license issued by the Registrar. 3. Complainant entered into a contract with Respondent for Complainant to fabricate and install granite countertops at a residence located at 6329 E. Kathleen Road, Scottsdale, Arizona. 4. Complainant completed its scope of work on February 6, 2008. 5. On December 16, 2009, Complainant filed a Complaint with the Registrar alleging nonpayment by Respondent on the subject project. The Registrar designated the Complaint as Case No. 10-2200. The Registrar later designated the Complaint as 2010-22009251. 6. The Registrar issued a Citation and Complaint in this matter charging Respondent with violating the provisions of A.R.S. § 32-1154(A) (11). 7. The Registrar forwarded Case No. 10-2200/2010-22009251 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 8. The Registrar issued a Notice of Hearing in Case No. 10-2200/2010- 22009251 advising the parties of the time, date, and location of the formal hearing. The Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 9. The commencement of the scheduled 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 hearing in Respondent’s absence. 10. At hearing, Complainant’s member and qualifying party, David Hanlon, testified that Complainant had sent an invoice to Respondent in the amount of $9,705.00 for Complainant’s work on the subject project. 11. Mr. Hanlon further testified that Respondent made a partial payment in the amount of $1,000.00 and that Complainant gave Respondent an offset credit of $214.53. The remaining outstanding balance owed by Respondent to Complainant is $8,490.47. 12. After completion of its scope of work on the subject property, Complainant performed other work for Respondent. Respondent paid Complainant for the subsequently performed work. 13. A review of the Registrar’s official electronic records indicates that Respondent’s License No. 110899 was voluntarily cancelled by Respondent. 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 voluntary cancellation of Respondent’s contracting license does not deprive the Registrar of the authority to impose discipline upon that license for proven violations in this matter. 3. Respondent violated the provisions of A.R.S. § 32-1154(A) (11), as charged in the Citation and Complaint issued by the Registrar. RECOMMENDED ORDER Respondent’s License No. 110899 shall be revoked on the effective date of the Order entered in Case No. 2010-22009251. If Respondent pays Complainant the sum of $8,490.47 on or before the effective date of the Order entered in Case No. 2010-22009251, then the above license revocation shall not take place, but instead Respondent’s License No. 110899 shall be placed on disciplinary probation for 180 days. This alternative penalty shall commence, if at all, on the effective date of the Order entered in Case No. 2010-22009251. 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