ALJDEC decisions subject to certification as final

2010A-308476750-ROC · Registrar of Contractors · 2011-07-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 30, 2011, at 10:00 a.m. APPEARANCES: The Registrar of Contractors appeared through Assistant Attorney General, Montgomery Lee. The Respondent, Vahid Mofid, appeared on his own behalf. 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. These two matters were consolidated for hearing because both matters necessarily involved the same witnesses and evidence. 2. The Respondent, Vahid Mofid dba Mofid Electric, is the holder of a Class L-11 (No. 131752) License and a Class C-11 (No. 131753) License issued by the Registrar of Contractors. 3. The Registrar of Contractors brings these license disciplinary actions alleging that the Respondent, Vahid Mofid dba Mofid Electric, has been convicted of felonies and that the Respondent lacks the good character and reputation needed to hold a license. 4. The Respondent admits to having been convicted of felonies but asserts that he did not understand what he was doing when he entered into the plea agreement and that he was not properly represented by his then attorney. 5. Undisputed credible testimony and evidence established that on August 23, 2010, the Respondent pled guilty to two counts of Attempted Child Prostitution, a Class 3 felony, in violation of A.R.S. §13-1001, A.R.S. § 13-3211, A.R.S. § 13-3212, A.R.S. § 13-610, A.R.S. § 13-701, A.R.S. § 13- 702, and A.R.S. § 13-801. 6. Credible testimony and evidence established that four (4) other felony counts that were alleged against the Respondent were dismissed as a part of the plea agreement that the Respondent entered into. 7. Undisputed credible testimony and evidence established that the Respondent, Vahid Mofid, was sentenced to probation for a period of five (5) years for the two felony convictions, and that the Respondent was sentenced to be incarcerated in the County Jail for a period of twelve (12) months with work furlough, and that the Respondent is required to register as a Sex Offender. 8. Credible testimony and evidence established that the Respondent, Vahid Mofid, signed and repeatedly initialed the plea agreements for the two (2) felony charges before the Respondent, Vahid Mofid, entered pleas of guilty to the two (2) counts of Attempted Child Prostitution, and that the Respondent acknowledged to the Judge in open court that he was entering a plea of guilty to the two (2) counts of Attempted Child Prostitution. 9. There was no dispute that the Respondent has filed a petition for post- conviction relief and is now attempting to have his felony convictions vacated. 10. The fact that the Respondent has filed a petition for post-conviction relief and is attempting to have his felony convictions vacated does not alter the fact that the Respondent has been convicted of two counts of Attempted Child Prostitution, both counts of which are classified as felony crimes. 11. Credible testimony and evidence established that the Respondent continues to attempt to work as a licensed contractor during portions of the time that he is released from the County Jail on work furlough. 12. Credible testimony and evidence established that the Respondent, Vahid Mofid dba Mofid Electric, lacks the requisite good character and reputation necessary to be a licensed contractor within the State of Arizona because he has been convicted of two (2) felony crimes. 13. Notice is taken of the Respondent’s prior license records with the Registrar of Contractors. CONCLUSIONS OF LAW 1. The burden of proof at an administrative hearing is generally upon a complainant. Utah Construction Company v. Berg et al, 68 Ariz. 285, 205 P.2d 367 (1949). 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. Therefore, the Registrar bears the burden of showing, by a preponderance of the evidence, that the Respondent has violated the statutes cited in the Citations and Complaints at issue. (Smith v. Arizona Dept. of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). The Registrar has met that burden. 5. Credible testimony and evidence supported findings which establish that the Respondent, Vahid Mofid dba Mofid Electric, has violated the charged provisions of A.R.S. § 32-1154 (A) (8) (Conviction of a felony). 6. Credible testimony and evidence supported findings which establish that the Respondent, Vahid Mofid dba Mofid Electric, has violated the charged provisions of A.R.S. § 32-1154 (A) (13), namely, A.R.S. § 1122 (D) (To obtain or renew a license under this chapter, each person shall be of good character and reputation). RECOMMENDed orders 1. (Docket No. 2010A-[number redacted]-ROC) In view of the foregoing, it is recommended that the Respondent’s Class L-11 (No. 131752) License be revoked on the effective date of this Order of Revocation. 2. (Docket No. 2010A-[number redacted]-ROC) In view of the foregoing, it is recommended that the Respondent’s Class C-11 (No. 131753) 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 these Orders will be 40 days from the date of the certification. Done this day, July 8, 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