ALJDEC decisions subject to certification as final

2011A-2752-ROC · Registrar of Contractors · 2011-11-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 331, 2011 APPEARANCES: Shaver Garage Doors appeared through its sole proprietor, Ed Shaver. Rucks, Inc., doing business as Rucks Cabinets and Doors, appeared through its authorized representative, Ron Klassen. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Rucks, Inc., doing business as Rucks Cabinets and Doors (“Respondent”), is the holder of License No. 055351, a Class C-30 residential finish carpentry license issued by the Registrar of Contractors (“Registrar”). 2. Shaver Garage Doors (“Complainant”) is a sole proprietorship of Ed Shaver, and the holder of License No. 251237, a Class K-5 dual residential and commercial garage doors contracting license issued by the Registrar. 3. On May 12, 2011, Complainant filed a written Complaint with the Registrar alleging that Respondent performed garage door work on a commercial jobsite located at 9023 Riverside Road, Parker, Arizona. The Registrar designated Complainant’s Complaint as Case No. 2011- 2752. 4. The Registrar issued a Citation and Complaint in Case No. 2011-2752 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (17) and (18). 5. The Registrar forwarded Case No. 2011-2752 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 6. On May 11, 2011, Complainant contacted the Registrar’s assigned inspector, Cliff Corlett, to advise that Respondent had performed work on the subject commercial project. Inspector Corlett then traveled to the jobsite, but he found no work being performed. Inspector Corlett then contacted the project’s general contractor, who confirmed that Respondent had performed work on the project. 7. A review of the Registrar’s official electronic licensing records reveals that Respondent’s License No. 055351 was suspended by operation of law for lack of bond and non-renewal on October 1, 2010. Respondent’s contracting license is presently expired, effective October 1, 2011. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.R.S. § 32-1154(C), the expiration of Respondent’s contracting license does not deprive the Registrar of the authority to impose discipline upon that license for proven statutory violations in this matter. 3. Respondent violated the provisions of A.R.S. § 32-1154(A) (17), as charged in the Citation and Complaint issued by the Registrar. The scope of work performed by Respondent on the subject commercial project exceeded the scope of Respondent’s Class C-30 residential finish carpentry license. 4. Respondent violated the provisions of A.R.S. § 32-1154(A) (18), as charged in the Citation and Complaint issued by the Registrar. Respondent performed contracting on the subject commercial project while its Class C-30 residential finish carpentry license was suspended by operation of law. RECOMMENDED ORDER Respondent’s License No. 055351 shall be revoked on the effective date of the Order entered in Case No. 2011-2752. In addition to the above-provided license revocation, Respondent shall pay the sum of $1,000.00 to the Registrar by way of a civil penalty pursuant to A.R.S. § 32-1154(E). The failure by Respondent to pay the entire amount of the aforesaid civil penalty on or before 30 days following the effective date of the Order entered in Case No. 2011-2752 shall result in the automatic revocation of Respondent’s contracting license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. § 32- 1101(A) (5), unless payment of any outstanding prior civil penalty is tendered. 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, November 18, 2011.

/s/ Brian Brendan Tully 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