ALJDEC decisions subject to certification as final

2010A-308476901-ROC-com · Registrar of Contractors · 2013-01-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|Rodney W. Fountain | |No. 2010A-[number redacted]-ROC-com | | | | | |COMPLAINANT | | | | | | | |v. | | | | | | | |License No: K-42.249954-D of | |ADMINISTRATIVE | |S and L Roofing LLC | |LAW JUDGE DECISION | | | | | |RESPONDENT | | | | | | |

HEARING: January 8, 2013

APPEARANCES: Complainant appeared and was represented by Gary Michael Smith, Esq.; Respondent appeared through Stephen Hancock and was represented by Gregory D. Green, Esq.

WITNESSES: None

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The parties appeared for this compliance hearing and informed the Administrative Law Judge that there was no need for a full evidentiary hearing. Instead, the parties made agreements that resolve this matter and result in a recommendation for immediate revocation of the license. Complainant submitted Exhibits C1 through C17, which were admitted and make a prima facie case showing non-compliance by Respondent. Respondent does not contest Complainant’s evidence of non-compliance. Respondent acknowledges that a finding of non-compliance could result in an immediate revocation of the license in accordance with the Registrar of Contractors’ October 31, 2012 Order Setting Compliance Hearing. This tribunal finds that the uncontested evidence shows non- compliance. Respondent agrees to not contest or impede any claim that Complainant may make to the Residential Contractors’ Recovery Fund (“Fund”) based on this matter. Complainant agrees that if and when he receives an order for payment from the Fund, he will file a letter of satisfaction with the ROC. RECOMMENDED ORDER Based on the foregoing, it is hereby recommended that License No: K- 42.249954-D held by Respondent S and L Roofing, LLC be immediately revoked.

In the event of certification of the 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 that certification.

Done this day, January 11, 2013.

/s/ Eric A. Bryant 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