ALJDEC decisions subject to certification as final

2011A-2659-ROC · Registrar of Contractors · 2011-09-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 14, 2011, at 1:00 p.m. APPEARANCES: The Registrar of Contractors appeared by and through Assistant Attorney General, Elizabeth Campbell. The Respondent appeared telephonically 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 Order are made: FINDINGS OF FACT 1. There was no dispute that James Eugene Lewis dba J L Electric holds License No. K-11.260519-D that the Registrar issued on November 9, 2009. 2. There was no dispute that James Eugene Lewis appears as the Qualifying Party and owner of J L Electric on License No. 260519. 3. Credible testimony and evidence established that on April 11, 2005, the Registrar issued License No. L-11.206272-C to Sky Harbor Electric Inc. 4. Credible testimony and evidence established that the same James Eugene Lewis appears as Qualifying Party and Officer on License No. L-11.206272- C. 5. Credible testimony and evidence established that the Registrar issued a Citation and Order in Case No. 2010-24716365 and that the Citation and Complaint was mailed to the address of record for Sky Harbor Electric Inc. 6. Credible testimony and evidence established that James Eugene Lewis was fully aware of the fact that a Citation and Complaint had been filed against Sky Harbor Electric Inc. 7. Credible testimony and evidence established that Sky Harbor Electric Inc. failed to file a required written Answer to the Citation and Complaint. 8. Credible testimony and evidence established that on September 24, 2010, the Registrar issued a Default Decision and Order in Case No. 2010- 24716365 which provides, in pertinent part, as follows: If Respondent pays or tenders the sum of $27,212.70, to the Complainant, on or before this Order’s effective date, then the revocation of Respondent’s license shall not take place and this Citation and Complaint shall be closed. Regarding the discipline ordered above, this Order is self- operative: Respondent must file with this Agency written confirmation that Respondent has properly complied with the requirements of this Order on or before 11/03/2010. 9. Credible testimony and evidence established that the Default Decision and Order was mailed to the official address of record of Sky Harbor Electric Inc. 10. Credible testimony and evidence established that Sky Harbor Electric Inc. failed to comply with the requirements of the Default Decision and Order issued in Case No. 2010-24716365. 11. Credible testimony and evidence established that on February 4, 2011, the Registrar revoked License No. L-11.206272-C issued to Sky Harbor Electric Inc. pursuant to the terms of the Default Decision and Order issued in Case No. 2010-24716365. 12. Credible testimony and evidence established that the Respondent, James Eugene Lewis dba J L Electric (Indiv), has a person listed on his license who is listed on a license that is revoked. 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. A.R.S. § 32-1154 (A) (21) provides as follows: 21. 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. 5. Credible testimony and evidence supported findings which establish that the Respondent, James Eugene Lewis dba J L Electric has violated the charged provisions of A.R.S. § 32-1154 (A) (21). RECOMMENDed order In view of the foregoing, it is recommended that the Respondent’s License be revoked on the effective date of this Order. 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, September 14, 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