ALJDEC decisions subject to certification as final

2012A-4792-ROC · Registrar of Contractors · 2014-02-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 29, 2014, at 8:00 a.m. APPEARANCES: Bradley Companies Inc (hereinafter “Bradley” or “Respondent”) was represented by its attorney, Jacob Sparks, Esq., Scheef & Stone, L.L.P. The Arizona Registrar of Contractors was represented by Assistant Attorney General, Michael Raine, Esq. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

At the onset of the scheduled hearing the parties stipulated that the facts set forth in the Complaint are true and correct and further stipulated that Bradley’s License No. KB-1.274603-D shall be suspended until the Registrar of Contractors receives and accepts written proof that Bradley has fully resolved the two complaints against the prior contractor’s license that this complaint is based upon. The following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT Bradley is the holder of License No. KB-1.274603-D issued by the Registrar of Contractors. On February 1, 2004, the Registrar issued License No. KB-1.192618-D to Star General Inc. The license listed Rick L. Freeman as President and Qualifying Party, Aaron Robert Freeman as Vice President, Cindy Anne Freeman as secretary, and Roma June Hunsinger as Treasurer. On or about March 16, 2006, Roma June Hunsinger resigned as Treasurer of Star General Inc. and Kyle Bradley Freeman was listed as Treasurer of Star General Inc. On or about December 18, 2008, Kyle Bradley Freeman resigned as Treasurer of Star General Inc. On December 23, 2009, the Registrar of Contractors revoked License No. KB- 1.192618-D issued to Star General Inc. pursuant to Decisions and Orders in Case Nos. 2009-2536 and 2009-2348. The violations of A.R.S. § 32- 1154(A)(11) that resulted in the revocations of Star General Inc.’s contractor’s license occurred while Kyle Bradley Freeman was listed as Treasurer of Star General Inc. On August 22, 2011, the Registrar of Contractors issued License No. KB- 1.274603-D to Bradley. Kyle Bradley Freeman is listed as President and Qualifying Party on the license, which is current. On or about April 25, 2011, and, again, on or about August 11, 2011, Bradley stated on its applications for contractors’ licenses that no persons listed on Bradley’s license applications had ever been named on a contractor’s license issued by the State of Arizona or any other state. On or about April 25, 2011, and, again, on or about August 11, 2011, Bradley stated on its license applications for contractors’ licenses that no persons listed on Bradley’s license applications had ever been named on a contractor’s license that had been suspended or revoked. CONCLUSIONS OF LAW The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement and the standard of proof on all issues in these matters is by a preponderance of the evidence. See A.A.C. R2-19-119. A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960). The conduct and circumstances set forth in the above stipulated Findings of Fact, constitute violations of the charged provisions of A.R.S. § 32- 1154(A)(6),[1] A.R.S. § 32-1154(A)(20),[2] and A.R.S. § 32-1154(A)(21).[3] RECOMMENDed order In view of the foregoing, it is recommended that, commencing on the effective date of the final Order License No. KB-1.274603-D shall be suspended until the Registrar of Contractors receives and accepts written proof that Bradley has resolved the underlying cases that led to the Registrar’s decisions in Case Nos. 2009-2536 and 2009-2348 by obtaining written proof from the Complainants in Case Nos. 2009-2536 and 2009-2348 that their complaints have been resolved. It is further recommended that if on or before the effective date of this Order, Bradley provides written proof that is acceptable to the Registrar that Bradley has resolved the complaints in 2009-2536 and 2009- 2348, then the above provided License suspension shall not take place and that matter shall be closed. 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, February 13, 2014.

/s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors

----------------------- [1] A.R.S. § 32-1154(A)(6) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, misrepresentation of a material fact by the applicant in obtaining a license. [2] A.R.S. § 32-1154(A)(20) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, subsequent discovery of facts that if known at the time of issuance of a license or the renewal of a license would have been grounds to deny the issuance or renewal of a license. [3] A.R.S. § 32-1154(A)(3) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, having a person named on the license who is or was named on any other license in this state or in another state that is under suspension or revocation for any act or omission that occurs while the person is or was named on the license unless the prior revocation was based solely on a violation of this paragraph.

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