ALJDEC decisions subject to certification as final

2012A-505-ROC · Registrar of Contractors · 2012-08-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 16, 2012, at 1:00 p.m. APPEARANCES: The Registrar of Contractors was represented by Elizabeth A. Campbell, Esq., Assistant Attorney General. Complete Air Conditioning LLC (FN) (hereinafter “Complete”) appeared through its manager and authorized representative, Mary Lynn Henry. 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. At the onset of the scheduled hearing, Complete stipulated to the Factual Allegations set forth in the Citation and Complaint and stipulated that Complete was in violation of the charged provision of A.R.S. § 32-1154(A)(21). The parties were then allowed to present their closing statements in support of matters in mitigation and aggravation of the admitted violation of A.R.S. § 32-1154(A)(21). 2. Complete was issued License No. K-39.267392-D by the Arizona Registrar of Contractors on September 9, 2010. Kevin John Spilsbury was named as Qualifying Party and Member. Premier Mechanical, LLC was named as 100% Owner/Member. 3. In Investigative Case Nos. 30023437, 30023689, 30023903, and 30024220, the Nevada State Contractors Board issued a Decision and Order on September 21, 2011, revoking four Nevada contractor’s licenses on which Kevin John Spilsbury, Premier Mechanical, and Brian Edward Spilsbury were named. 4. Nevada License No. 72827, Class C-1 was issued to Premier Mechanical, LLC on March 9, 2009, with Kevin John Spilsbury listed as its Manager and Qualified Individual and Brian Edward Spilsbury listed as its Manager. 5. Nevada License No. 47374, Class C-21 was issued to Premier Mechanical, LLC on October 9, 1998, with Kevin John Spilsbury listed as its Manager and Qualified Individual and Brian Edward Spilsbury and Crest Ridge, LLC listed as its Managers. 6. Nevada License No. 51954, Class B-2 was issued to Crest Ridge, LLC on June 12, 2001, with Kevin John Spilsbury listed as its Manager and Qualified Individual and Brian Edward Spilsbury listed as its Manager. 7. Nevada License No. 53091, Class-21 was issued to Crest Ridge, LLC on November 1, 2011, with Kevin John Spilsbury listed as its Manager and Qualified Individual and Brian Edward Spilsbury listed as its Member. 8. In the Nevada matters, Premier Mechanical, LLC and Crest Ridge, LLC, appeared through their authorized representative, Kevin John Spilsbury, and counsel, Richard Peel, Esq., stipulated to a violation of NRS 624.3013(3) for failing to establish financial responsibility at the time of renewal of the license or at any other time when required by the Nevada State Contractors Board. 9. In the Nevada matters, Premier Mechanical, LLC and Crest Ridge, LLC, by and through their authorized representative, Kevin John Spilsbury, and counsel, Richard Peel, Esq., and stipulated to a violation of NRS 624.013(4) by failing to keep in force the bonds or cash deposits required by statute for the full period required by the Nevada State Contractors Board. 10. In the Nevada matters, Premier Mechanical, LLC and Crest Ridge, LLC, by and through their authorized representative, Kevin John Spilsbury, and counsel, Richard Peel, Esq., stipulated to a violation of NRS 624.3018(2) because a corporation’s act or omission that constitutes cause for disciplinary action also constitutes cause for disciplinary action against an officer, director or associate of the corporation who participated in such prohibited act or omission. 11. Based upon the foregoing, the Nevada State Contractors Board ordered the revocation of Premier Mechanical, LLC’s License Nos. 72827 and 47374, as well as Crest Ridge, LLC’s License Nos. 51954 and 53091. 12. Administrative notice is taken of Complete’s prior license record as reflected on the Registrar of Contractors’ public website on August 23, 2012. Such prior license record reflects that License No. K-39.267392-D of Complete was administratively suspended for lack of bond by the Registrar of Contractors on February 19, 2012. CONCLUSIONS OF LAW 1. 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. 2. 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). 3. There was no dispute that Kevin John Spilsbury, Brian Edward Spilsbury, and Premier Mechanical, LLC are named on License No. K-39.267392-D of Complete and are also named on the revoked Nevada License Nos. 72827 and 47374 of Premier Mechanical, LLC, as well as revoked Nevada License Nos. 51954 and 53091 of Crest Ridge, LLC. This Tribunal concludes that Complete is in violation of the charged provision of A.R.S. § 32- 1154(A)(21).[1] RECOMMENDed order In view of the foregoing, it is recommended that License No. K- 39.267392-D of Complete shall 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, August 27, 2012.

/s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors

----------------------- [1] A.R.S. § 32-1154(A)(21) includes among the grounds for disciplinary action against a contractor’s license, 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.

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