FINACT2011A-5071-ROC.pdf

2011A-5071-ROC · Registrar of Contractors · 2013-05-17

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) Katherine Thompson ) CASE NO: 2011-5071 ) COMPLAINANT(S) ) ) DOCKET NO. 2011A-5071-ROC -v- ) License No. KB-1.256729-D of ) Gary Hickey Construction LLC ) COMPLIANCE HEARING ORDER ) RESPONDENT ) ) ) The Registrar adopts the Administrative Law Judge's attached Findings of Fact and Conclusions of Law. The Registrar rejects the Administrative Law Judge’s attached Recommended Order. Instead, IT IS ORDERED that Respondent’s KB-1.256729-D License be revoked. Justification: A review of the entire record in this matter demonstrates that Respondent did not make any attempt to contact Complainant after the issuance of the Citation and Complaint dated December 12, 2011, to complete the corrective work required by the Corrective Work Order. While Complainant indeed communicated in November 2011 that no further access would be granted Respondent, after the issuance of the Citation in this matter, and at every stage thereafter, Respondent failed to attempt to contact Complainant to coordinate the required corrective work. Respondent’s realization, after the fact, that Complainant had sold her home cannot now be used to excuse their failure to contact Complainant to coordinate the corrective work required, or as a revisionist theory of denial of access where no attempt to access was made by Respondent. Essentially, there cannot be denial of access where there is no attempt to access. Based on this Decision, the Order, as modified, is effective upon issuance. Any request for rehearing must be filed on or before June 21, 2013. Any appeal to the Superior Court must be filed on or before June 26, 2013. IT IS SO ORDERED this 17th day of May, 2013.

Registrar of Contractors

/s/ Marc A. D’Amore __________________________ Marc A. D’Amore Chief of the Legal Department

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Respondent(s) Gary Hickey Construction LLC 9222 E Indio Pl Tucson, AZ 85749-9407

Brenda J. Lee, Esq. LEE & TRAVERS PLC 2421 E 6th St Ste 1 Tucson, AZ 85719-5254

Complainant(s) Katherine Thompson 2810 E Lee St Tucson, AZ 85716-3521

Patrick J. Lopez, Esq. MESCH CLARK & ROTHSCHILD, P.C. 259 N Meyer Ave Tucson, AZ 85701-1007

cc: OAH Case No. 2011-5071 /sm