ALJDEC decisions subject to certification as final

2012A-5119-ROC · Registrar of Contractors · 2014-05-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 25, 2014, at 8:00 a.m. APPEARANCES: The Registrar of Contractors (“the Registrar”) was represented by Michael D. Raine, Esq., Assistant Attorney General; Adam Lloyd Stafford, Esq., Assistant Chief of the Registrar’s Legal Department, was available to testify on behalf of the Registrar; Desertwise Builders LLC (“Respondent”) was represented by Michael A. Schern, Esq., Schern Richardson PLC ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT 1. On February 9, 2009, the Registrar issued License No. B.250616-R to Respondent, an Arizona limited liability company. Respondent’s license lists Brent Douglas Linnenkamp as a member and Robert Michael Kapci as a member and Qualifying Party.[1] 2. On March 9, 2000, the Registrar had issued License No. B.153353-R to Odyssey Builders LLC, an Arizona limited liability company (“Odyssey Builders”). The license lists Robert Michael Kapci as a member, Robert Donald Hunt, Jr. as a member, and John Craig Waddell as a member and Qualifying Party.[2] 3. On October 29, 2009, the Registrar revoked Odyssey Builders’ License No. B-153353-R pursuant to Decisions and Orders in Case Nos. 09-0920 and 09-1877.[3] 4. The Registrar also has revoked Odyssey Builders’ License No. B-153353- R pursuant to the Decisions and Orders in Case Nos. 09-3978, 09-3646, 09-4771, 08-3068, 09-3931, 09-4543, 10-0409, 09-4533, 09-2828, 2010- [number redacted], and 09-6182.[4] 5. Respondent did not dispute at hearing the facts set forth in Findings of Fact Nos. 1-4, set forth above. CONCLUSIONS OF LAW 1. This matter lies within the Registrar’s jurisdiction.[5] 2. The Registrar bears the burden of proof to establish cause to discipline Respondent’s license by a preponderance of the evidence.[6] “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”[7] 3. The Registrar established that Robert Michael Kapci is listed on Respondent’s License No. B-250616-R and also was listed on License No. B-153353-R that was previously issued to Odyssey Builders LLC and revoked. Because Mr. Kapci is listed on Respondent’s License No. No. B-250616-R and was listed Odyssey Builders LLC’s revoked License No. B- 153353-R, the Registrar established cause to discipline Respondent’s License No. B-250616-R under A.R.S. § 32-1154(A)(21).[8] RECOMMENDED ORDER Based on the foregoing, it is recommended that Respondent Desertwise Builders LLC’s License No. B-250616-R shall be immediately revoked. 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, May 14, 2014.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] See Exhibit 1 to the Registrar’s Citation and Complaint (Respondent’s Application for Contractor’s License, Arizona Corporation Commission printout, and license certificate). [2] See Exhibit 2 to the Registrar’s Citation and Complaint (Odyssey Builders’ Application for Contractor’s License, Arizona Corporation Commission printout, and license certificate).

[3] See Exhibit 3 to the Registrar’s Citation and Complaint (Decisions and Orders in Case Nos. 09-0920 and 09-1877). [4] See Exhibit 4 to the Registrar’s Citation and Complaint (Decisions and Orders in Case Nos. 09-3978, 09-3646, 09-4771, 08-3068, 09-3931, 09-4543, 10-0409, 09-4533, 09-2828, 2010-[number redacted], and 09-6182). [5] See A.R.S. § 32-1154(A). [6] See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119; see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). [7] Morris K. Udall, Arizona Law of Evidence § 5 (1960). [8] A.R.S. § 32-1154(A)(21) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, “[h]aving 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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