ALJDEC decisions subject to certification as final

2011A-404-ROC · Registrar of Contractors · 2011-05-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 5, 2011, at 1:00 p.m. APPEARANCES: The Registrar of Contractors appeared by and through Assistant Attorney General, Montgomery Lee. The Respondent 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 Order are made: FINDINGS OF FACT 1. On January 11, 2011, a homeowner contacted the local office of the Registrar of Contractors and complained that there was an unlicensed contractor performing construction work at the Black Rock RV Resort, Brenda, Arizona. 2. Pursuant to the complaint an assigned Agency Investigator conducted an onsite investigation and found the Respondent finishing the construction of a deck for a Park Model Mobile Home at Space P-12 at the Black Rock RV Resort. 3. The Respondent readily identified himself and stated that the property owner was not at home and that he was finishing the construction of the deck for the residence. 4. Credible testimony and evidence established that during the onsite investigation, the Respondent stated that the homeowner had paid $1,500.00 for the construction materials utilized for the construction project and that the Respondent was to receive $15.50 per hour for the approximately ninety eight (98) hours that he worked on the construction project. 5. The Respondent admitted that he did not have a contractor’s license with the State of Arizona. 6. The Respondent asserted that he did not need a contractor’s license as he was just helping a neighbor put up a deck and not really contracting. 7. The Respondent admitted that the Black Rock RV Resort had required that the homeowner obtain a building permit, as an owner builder, from the local building authority but asserted that no permit was required as the deck was less than thirty (30) inches in height. 8. The assigned Investigator concluded that the Respondent was contracting without a required contractor’s license and on February 24, 2011, the Investigator issued the Respondent a civil citation (No. 7202) for contracting without a license and assessed a civil penalty in the sum of $1,500.00 against the Respondent for contracting without a license. 9. The Respondent disagreed with the civil penalty and requested an administrative hearing. 10. At the hearing the Respondent admitted that the cost of the materials utilized for the construction of the new deck totaled the sum of $1,500.00. 11. At the hearing the Respondent admitted that the homeowner had paid him the sum of $1,500.00 for his work in completing the construction of the new deck. 12. Credible testimony and evidence established that the homeowner did not assist the Respondent in constructing the new deck and that the Respondent was functioning as a contractor at the construction site. 13. Credible testimony and evidence established that the Respondent constructed the entire deck for the mobile home at issue. 14. There was no dispute that the Black Rock RV Park required that the homeowner obtain a permit from the local building authority before the construction project began. 15. There was no dispute that the Respondent does not have a contractor’s license in the State of Arizona. 16. There was no dispute that the Respondent has not applied for a contractor’s license in the State of Arizona. 17. The Respondent stated that he does not intend to obtain a contactor’s license in the State of Arizona. CONCLUSIONS OF LAW 1. This hearing was held under the authority of and pursuant to A.R.S. § 32- 1156 and A.R.S. § 32-1151. 2. A.R.S. § 32-1151 provides, in pertinent part as follows: It is unlawful for any person, firm, partnership, corporation, association or other organization, or a combination of any of them, to engage in the business of, submit a bid or respond to a request for qualification or a request for proposals for construction services as, act or offer to act in the capacity of or purport to have the capacity of a contractor without having a contractor’s license in good standing…. 3. Credible testimony and evidence supported findings which establish that the Respondent did perform contracting work without a license in violation of the charged provisions of the A.R.S. § 32-1151. 4. The fifteen hundred dollar ($1,500.00) civil penalty assessed against the Respondent for the violation of A.R.S. § 32-1151 is within the range of permitted assessments for such violations. A.R.S. § 32-1166. A.A.C. R4-9-131. RECOMMENDed order In view of the foregoing, it is recommended that the Civil Citation and Civil Penalty .assessed against the Respondent be affirmed. 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, May 6, 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