ALJDEC decisions subject to certification as final

2010A-264003-ROC · Registrar of Contractors · 2012-01-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 9, 2012, at 8:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

This matter came on for a Compliance Hearing to determine whether the Respondent has fully complied with the terms of the Registrar’s June 7, 2010 Order issued in this matter. Evidence and testimony were presented, and the following Findings of Fact, Conclusions of Law and Recommended Order on Compliance Hearing are made: FINDINGS OF FACT 1. The Order Setting Compliance Hearing provides, in pertinent part, as follows: IT IS ORDERED that a Compliance Hearing be scheduled in the expedited course of docketing in the Phoenix area. At the Compliance Hearing, the parties may offer evidence and testimony as to whether or not Respondent has complied with the terms and conditions of the Registrar’s June 7, 2010 Order issued in this matter. If it is determined that Respondent has failed to fully comply with the Registrar’s written directives, absent unreasonable interference or denial of access by Complainant, then Respondent’s B.143869-R License shall be subject to the immediate imposition of discipline. If it is determined that Complainant has unreasonably interfered or denied access to Respondent or its representatives in their attempt to comply with the Registrar’s June 7th Order, then Respondent’s license shall not be disciplined and the matter shall be closed as Respondent having fully complied with the terms of the Registrar’s Order.

2. Undisputed credible testimony and evidence established that the Respondent has failed to fully comply with the terms of the Registrar’s June 7, 2010 Order issued in this matter. 3. Undisputed credible testimony and evidence established that the Complainant has not unreasonably interfered with or denied access to the Respondent in this matter. 4. Undisputed credible testimony and evidence established that the Respondent’s actions over a prolonged period of time are not indicative of a good faith desire to resolve this matter by complying with the terms and conditions of the Registrar’s June 7, 2010 Order issued in this matter. On the contrary, credible evidence of record establishes that the Respondent has repeatedly failed to properly accomplish compliance with the terms of the Registrar’s June 7, 2010 Order and that the Respondent’s efforts appear to have been directed to delay and excuse, rather than to achieve, compliance with the Registrar’s June 7, 2010 Order. 5. Notice is taken of the Respondent’s prior record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. Undisputed credible testimony and evidence presented during the compliance hearing supported findings that the Respondent has not fully complied with the terms of the Registrar’s June 7, 2010 Order issued in this matter. 2. A licensed contractor is not entitled to an unlimited period of time or an endless succession of opportunities to comply with specified conditions which reduce, eliminate, or terminate, disciplinary action against the Contractor’s License. RECOMMENDed order In view of the foregoing, it is recommended that the Respondent’s License 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 the Order will be 40 days from the date of the certification. Done this day, January 9, 2012.

/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