ALJDEC decisions subject to certification as final

2010A-308475553-ROC · Registrar of Contractors · 2011-03-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 30, 2011 at 1:00 p.m. APPEARANCES: The Complainant appeared through its authorized representative, Jose Leonardo Ramirez. 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 The Respondent’s Class K-11 (No. 175202) License was revoked on January 7, 2011. 2. The Complainant was informed that the Respondent was utilizing the Complainant’s contracting license without the Complainant’s knowledge or authorization. 3. The Complainant promptly contacted the Respondent and the Respondent admitted that it has utilized the Complainant’s license number without the Complainant’s consent. 4. The Respondent stated that it was only for a very small construction job. 5. The Complainant then contacted the homeowner and was told that the Respondent’s portion of the construction project was for the sum of $15,000.00. 6. The Complainant then contacted the local building authority and was informed that the Respondent had utilized the Complainant’s license number for various construction projects and that the owner of the Respondent had represented that he was Jose Leonardo Ramirez the owner of AZ CRANE AND DESERT ELECTRIC LLC. 7. The Complainant then filed a formal Complaint against the Respondent with the Registrar of Contractors. 8. Undisputed credible testimony and evidence established that the Respondent has failed to pay any taxes on the construction projects that it performed while wrongfully and fraudulently utilizing the Complainant’s license number. 9. Undisputed credible testimony and evidence established that the Respondent failed to comply with the applicable provisions of A.R.S. § 32- 1124 (B) (Display of license). 10. Undisputed credible testimony and evidence established that the Respondent acted in the capacity of a contractor in a name other than as set forth upon the Respondent’s license. 11. Undisputed credible testimony and evidence established that the Respondent had contracted and offered to contract while the Respondent’s license was under suspension. 12. Notice is taken of the Respondent’s prior license record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. The Complainant has the burden of demonstrating by a preponderance of the evidence that the Respondent violated the charged sections of the state’s contracting laws. See Culpepper v. State of Arizona, 187 Ariz. 431, 437-38, 930 P.2d 508 (Ariz. App. 1996). 2. Proof by “preponderance of the evidence” means that it is sufficient to persuade the finder of fact that the proposition is “more likely true than not.” In re Arnold and Baker Farms, 177 B.R. 648, 654 (9th Cir. BAP (Ariz.) 1994). 3. Proof by preponderance of the evidence “is evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary 1182 (rev. 6th ed. 1990). 4. Undisputed credible testimony and evidence supported findings which established violations by the Respondent of the charged provisions of A.R.S. § 32-1154 (A)(5) (Failure to pay taxes), A.R.S. § 32-1154 (A) (15) (Acting in the capacity of a contractor in a name other than as set forth upon the contractor’s license), A.R.S. § 32-1154 (A) (18) (Contracting while the contractor’s license was under suspension), and A.R.S. § 32-154 (A) (13), namely, A.R.S. § 32-1124 (B) (Display of license). RECOMMENDed order In view of the foregoing, it is recommended that the Respondent’s License be revoked on the effective date of this Order of Revocation. 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, March 30, 2011.

/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