ALJDEC decisions subject to certification as final

2010A-308472497-ROC · Registrar of Contractors · 2010-10-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 19, 2010 at 8:00 a.m. APPEARANCES: .The Registrar of Contractors appeared by and through Assistant Attorney General, Montgomery Lee. The Respondents failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Recommended Orders are made: FINDINGS OF FACT 1. License No. B-10.154353-R of Respondent Acapulco Spa Pool Company (Corp) has been suspended for non-renewal. 2. License No. B-05.215189-R of Respondent Acapulco Fiberglass Pools Inc. (Corp) is current as of October 25, 2010. 3. License No. L-05.235853-C of Respondent Acapulco Spa Pool Company (Corp) has expired. 4. The Registrar of Contractors, by and through its attorney of record, introduced four (4) exhibits and produced the testimony of Ms. Lisa Meadows. 5. There was no dispute that Acapulco Spa Pool Company (Corp.) holds License No. B-10.154353-R that the Registrar issued on April 13, 2000. 6. Michael James Pawlak appears as president and Adam Michael Pawlak appears as Vice President/Secretary on License No. B-10.154353-R. 7. Casey Burke Porter appears as Qualifying Party and Employee/Shareholder on License. No. B-10.154353-R. 8. Casey Burke Porter resigned as Qualifying Party and Corporate Officer/Member/Partner on January 20, 2006. 9. Adam Michael Pawlak appears as Vice president/Secretary and Qualifying Party on February 1, 2006. 10. Michael James Pawlak disassociated on License No. B-10.154353-R on July 6, 2007. 11. Adam Michael Pawlak then appears as President and Qualifying Party with 100% ownership on July 6, 2007. 12. There was no dispute that Acapulco Fiberglass Pools Inc., (Corp.) holds License No. B-05.215189-R that the Registrar issued on December 29, 2005.

13. Adam Michael Pawlak appears as President and Qualifying Party with 100% ownership on License No. B-05.215189-R. 14. There was no dispute that Respondent Acapulco Spa Pool Company (Corp) holds License No. L-05.235853-C which was issued by the Registrar on July 19, 2007. 15. Adam Michael Pawlak appears as President and Qualifying Party with 100% ownership on License No. L-05.235853-C. 16. There was no dispute that on June 8, 2000, the Registrar issued License No. B-05.155813-R License to Acapulco Spa Pool Company (Corp). 17. Michael James Pawlak appears as President and Adam Michael Pawlak appears as Vice President/Secretary on License No. B-05.155813-R. 18. Casey Burke Porter appears as Qualifying Party and Employee/shareholder on License No. B-05.155813-R. 19. There was no dispute that Casey Burke Porter resigned as Qualifying Party and Corporate Officer/Member/Partner on January 20, 2006. 20. Adam Michael Pawlak appears as Vice President/Secretary and Qualifying Party on February 1, 2006. 21. Michael James Pawlak disassociated with License No. B-05.155813-R on July 6, 2007. 22. Adam Michael Pawlak appears as president and Qualifying Party with 100% ownership on July 6, 2007. 23. Undisputed credible testimony and evidence established that the Registrar of Contractors suspended License No. B-05.155813-R issued to Acapulco Spa Pool Company (Corp.) pursuant to a Decision and Order in ROC Case No. G08-0414. 24. Notice is taken of the Respondents’ prior License records with the Registrar of Contractors. CONCLUSIONS OF LAW 1. A.R.S. § 32-1154 (A) (21) provides as follows. Having a person named on the license who is named on any other license in this state or in another state which is under suspension or revocation unless the prior revocation was based solely on a violation of this paragraph. 2. Undisputed credible testimony and evidence supported findings which establish that Respondent Acapulco Spa Pool Company (Corp) has persons listed on its License who are listed on a License that is suspended pursuant to a Decision and Order issued in ROC Case No. G08-0414. 3. Undisputed credible testimony and evidence supported findings which establish that Respondent Acapulco Fiberglass Pools Inc. (Corp) has persons listed on its License who are listed on a License that is suspended pursuant to a Decision and Order issued in ROC Case No. G08- 0414. 4. Undisputed credible testimony and evidence supported findings which establish that Respondent Acapulco Spa Pool Company (Corp) has persons listed on its License who are listed on a License that is suspended pursuant to a Decision and Order issued in ROC Case No. G08-0414. RECOMMENDed orders 1. In view of the foregoing, it is recommended that License No. B-10.154353- R Respondent Acapulco Spa Pool Company (Corp.) be revoked on the effective date of the Order entered in this matter. 2. In view of the foregoing, it is recommended that License No. B-05.215189- R of Respondent Acapulco Fiberglass Pools Inc., (Corp.) be revoked on the effective date of the Order entered in this matter. 3. In view of the foregoing, it is recommended that License No. L-05.235853- C of Respondent Acapulco Spa Pool Company (Corp.) be revoked on the effective date of the Order entered in this matter. In the event of certification of this Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of these Orders will be 40 days from the date of the certification. Done this day, October 25, 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