ALJDEC decisions subject to certification as final

2010A-308471456-ROC · Registrar of Contractors · 2010-10-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 18, 2010 at 1:00 p.m. APPEARANCES: The Complainant appeared through its authorized representative, Laurie Wheelock. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. The Respondent is the holder of License No. A-21.216498-C issued by the Registrar of Contractors. 2. Undisputed credible testimony and evidence established that the Complainant supplied the Respondent with sprinkler equipment and related construction materials for several commercial projects wherein the Respondent was operating as a licensed contractor. 3. Undisputed credible testimony and evidence established that sum of $23,772.11 is the proper balance due and owing to the Complainant from the Respondent for the sprinkler equipment and related construction materials that were supplied by the Complainant. 4. There was no dispute that notwithstanding repeated attempts and billings over a prolonged period of time, said balance of $23,772.11 remains unpaid. 5. The Respondent ‘s failure to pay the aforementioned sum of $23,772.11 to the Complainant is not found to be in good faith and accordingly, under all of the facts and circumstances presented herein, the Respondent’s conduct is found to constitute a violation of the applicable charged provisions of the State’s contracting laws. 6. Notice is taken of the Respondent’s prior license record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. Undisputed credible testimony and evidence supported findings which establish that the Respondent violated the charged provisions of A.R.S. § 32-1154 (A) (11) (Failure by a licensee or agent or official of a licensee to pay monies in excess of seven hundred fifty dollars ($750.00) when due for materials or services rendered in connection with the licensee’s operations as a contractor…). RECOMMENDED ORDER In view of the foregoing, it is recommended commencing on the effective date of the Registrar of Contractors’ Order that License No. A- 21.216498-C of the Respondent be suspended until the Registrar of Contractors receives and accepts written proof that the Respondent has paid the sum of $23,772.11 to the Complainant. It is further recommended that if the Respondent pays the above described sum of money to the Complainant on or before the effective date of the Registrar’s Order then the aforementioned License suspension shall not take place. It is further recommended, in addition to the foregoing License suspension, if any, that the Respondent’s License No. A-21.216498-C be placed on a period of ninety (90) days disciplinary probation. This additional disciplinary penalty shall commence on the effective date of the Registrar’s Order or the date, on which notice of the Respondent’s compliance with the terms of this Order is filed with the Registrar, whichever is later. It is further recommended, in addition to the above provided penalties, if any, that any continuation or restoration of the Respondent’s contracting rights, whether or not probationary, shall be subject to a condition that the Respondent first post an additional surety bond, cash deposit or alternative deposit for a period of twenty-four (24) months, including future renewal periods, in the amount of $1,000.00, such bond or deposit to be for the sole benefit of persons injured as defined in A.R.S. § 32-1131 (3) and to be in addition to the required surety bond, cash deposit or recovery fund participation set forth in A.R.S. § 32-1152 (D). Cash or alternative additional deposits, if utilized, shall be returned only after the expiration of an additional two year period following the above-provided twenty-four (24) month period and only if no claims are then pending. 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, October 18, 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