ALJDEC decisions subject to certification as final

2013A-2059-ROC · Registrar of Contractors · 2014-01-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 7, 2014

APPEARANCES: The State of Arizona, Registrar of Contractors, was represented by Assistant Attorney General Michael Raine and ROC Staff Attorney Jose Gill.

WITNESSES: Jose Gill

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The ROC brings this matter alleging numerous violations of the contractor licensing statutes. Respondent failed to appear and contest the evidence. Therefore, the evidence against Respondent is uncontested. This tribunal entered into the record Exhibits 1 through 14 submitted by the ROC. Testimony from Jose Gill was also submitted. Based on the entire record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommend Order finding that grounds exist to revoke the licenses. FINDINGS OF FACT The uncontested factual allegations alleged in the Citation and Complaint and supported by the evidence are as follows: 1. On July 9, 1997, the Registrar issued License No. C39R.124524-R to Jeff Alton Dawkins DBA: Aire Care Cooling and Heating. See Application for Contractor’s License and license certificate attached as Exhibit 1 and incorporated hereto. 2. On July 10, 2003, the Registrar revoked License No. C39R.124524-R issued to Jeff Alton Dawkins DBA: Aire Care Cooling and Heating pursuant to Decision and Order in Case No. 03-1701. See Decision and Order attached as Exhibit 2 and incorporated hereto. 3. The Registrar has revoked License No. C39R.124524-R issued Jeff Alton Dawkins DBA: Aire Care Cooling and Heating pursuant to Decisions and Orders in Case Nos. M03-1540, M04-0030, M04-0838, M04-1399, 04-2709, M05-0087, and M05-0082. See Decisions and Orders attached as Exhibit[s] 3 [through 9] and incorporated hereto. 4. On January 21, 2011, the Registrar issued License No. L-39.270428-C to Respondent, an Arizona limited liability company. The license lists Jeffrey Alton Dawkins as member and Qualifying Party. On its Application for this license, Respondent stated that no persons listed on Respondent’s Application have ever been named on a contractor’s license issued by Arizona or any other state and that no persons listed on Respondent’s Applications have ever been named on a contractor’s license that has been disciplined. See Application for Contractor’s License, license certificate, and Arizona Corporation Commission printout attached as Exhibit [10] and incorporated hereto. 5. On January 21, 2011, the Registrar issued License No. C-39R.270429-R to Respondent. The license lists Jeffrey Alton Dawkins as member and Qualifying Party. On its Application for this license, Respondent stated that no persons listed on Respondent’s Application have ever been named on a contractor’s license issued by Arizona or any other state and that no persons listed on Respondent’s Application have ever been named on a contractor’s license that has been disciplined. See Application for Contractor’s License and license certificate attached as Exhibit [11] and incorporated hereto. 6. On February 1, 2013, the Registrar suspended Respondent’s License Nos. C39R.270429-R and L-39.270428-C for non-renewal. The suspension was lifted on February 27, 2013. See ROC webpage printouts attached as Exhibit [12] and incorporated hereto.

7. On or about March 15, 2013, Smiley Crane Service filed a Complaint with the Registrar alleging that Respondent failed to pay monies in excess of $750.00 for services rendered in connection with its operation as a contractor. Along with its Complaint, Smiley Crane Service submitted copies of approximately 51 invoices that Respondent had not paid. Invoices Nos. 146289, 145545, 144483, 144484, 145018, 144823, 160547, 144207, and 152225 were for services rendered to Respondent in connection with Respondent’s operation as a contractor while its licenses were suspended. See Complaint No. 2013-1241 and invoices attached as Exhibit [13] and incorporated hereto.

CONCLUSIONS OF LAW The legal conclusions that flow from the uncontested facts above, as stated in the Citation and Complaint, are as follows: COUNT ONE

A.R.S. § 32-1154(A)(6) provides grounds for suspension or revocation of a license as follows:

The conduct and circumstances set forth in Paragraphs 1-7 above constitute a violation of this section. Respondent misrepresented a material fact on its license application for License No. C39R.270429-R by stating that Jeffrey Alton Dawkins had not previously been named on a contractor’s license issued by Arizona.

COUNT TWO

A.R.S. § 32-1154(A)(6) provides grounds for suspension or revocation of a license as follows:

A. The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: 6. Misrepresentation of a material fact by the applicant in obtaining a license. The conduct and circumstances set forth in Paragraphs 1-7 above constitute a violation of this section. Respondent misrepresented a material fact on its license application for License No. C39R.270429-R by stating that Jeffrey Alton Dawkins has not previously been named on any contractor’s license that had been disciplined.

COUNT THREE A.R.S. § 32-1154(A)(6) provides grounds for suspension or revocation of a license as follows:

The conduct and circumstances set forth in Paragraphs 1-7 above constitute a violation of this section. Respondent misrepresented a material fact on its license application for License No. L-39.270428-C by stating that Jeffrey Alton Dawkins had not previously been named a contractor’s license issued by Arizona.

COUNT FOUR

A.R.S. § 32-1154(A)(6) provides grounds for suspension or revocation of a license as follows:

The conduct and circumstances set forth in Paragraphs 1-7 above constitute a violation of this section. Respondent misrepresented a material fact on its license application for License No. L-39.270428-C by stating that Jeffrey Alton Dawkins has not previously been named on any contractor’s license that had been disciplined.

COUNT FIVE A.R.S. § 32-1154(A)(18) provides grounds for suspension or revocation of a license as follows: A. The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: 18. Contracting or offering to contract or submitting a bid while the license is under suspension or while the license is on inactive status. The conduct and circumstances set forth in Paragraph 1-7 above constitute a violation of this section as Respondent contracted or offered to contract on February 1, 2013, while both its licenses were under suspension.

COUNT SIX A.R.S. § 32-1154(A)(18) provides grounds for suspension or revocation of a license as follows: A. The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: 18. Contracting or offering to contract or submitting a bid while the license is under suspension or while the license is on inactive status. The conduct and circumstances set forth in Paragraph 1-7 above constitute a violation of this section as Respondent was contracting or offering to contract on February 4, 2013, while both its licenses were under suspension.

COUNT SEVEN A.R.S. § 32-1154(A)(18) provides grounds for suspension or revocation of a license as follows: A. The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: 18. Contracting or offering to contract or submitting a bid while the license is under suspension or while the license is on inactive status. The conduct and circumstances set forth in Paragraph 1-7 above constitute a violation of this section as Respondent was contracting or offering to contract on February 4, 2013, while both its licenses were under suspension. COUNT EIGHT A.R.S. § 32-1154(A)(18) provides grounds for suspension or revocation of a license as follows: A. The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: 18. Contracting or offering to contract or submitting a bid while the license is under suspension or while the license is on inactive status. The conduct and circumstances set forth in Paragraph 1-7 above constitute a violation of this section as Respondent was contracting or offering to contract on February 4, 2013, while both its licenses were under suspension. COUNT NINE A.R.S. § 32-1154(A)(18) provides grounds for suspension or revocation of a license as follows: A. The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: 18. Contracting or offering to contract or submitting a bid while the license is under suspension or while the license is on inactive status. The conduct and circumstances set forth in Paragraph 1-7 above constitute a violation of this section as Respondent was contracting or offering to contract on February 7, 2013, while both its licenses were under suspension. COUNT TEN A.R.S. § 32-1154(A)(18) provides grounds for suspension or revocation of a license as follows: A. The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: 18. Contracting or offering to contract or submitting a bid while the license is under suspension or while the license is on inactive status. The conduct and circumstances set forth in Paragraph 1-7 above constitute a violation of this section as Respondent was contracting or offering to contract on February 22, 2013, while both its licenses were under suspension. COUNT ELEVEN A.R.S. § 32-1154(A)(18) provides grounds for suspension or revocation of a license as follows: A. The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: 18. Contracting or offering to contract or submitting a bid while the license is under suspension or while the license is on inactive status. The conduct and circumstances set forth in Paragraph 1-7 above constitute a violation of this section as Respondent was contracting or offering to contract on February 19, 2013, while both its licenses were under suspension. COUNT TWELVE A.R.S. § 32-1154(A)(18) provides grounds for suspension or revocation of a license as follows: A. The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: 18. Contracting or offering to contract or submitting a bid while the license is under suspension or while the license is on inactive status. The conduct and circumstances set forth in Paragraph 1-7 above constitute a violation of this section as Respondent was contracting or offering to contract on February 25, 2013, while both its licenses were under suspension.

COUNT THIRTEEN A.R.S. § 32-1154(A)(18) provides grounds for suspension or revocation of a license as follows: A. The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: 18. Contracting or offering to contract or submitting a bid while the license is under suspension or while the license is on inactive status. The conduct and circumstances set forth in Paragraph 1-7 above constitute a violation of this section as Respondent was contracting or offering to contract on February 22, 2013, while both its licenses were under suspension. COUNT FOURTEEN A.R.S. § 32-1154(A)(20) provides grounds for suspension or revocation of a license as follows:

A. The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: 20. Subsequent discovery of facts which 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.

The conduct and circumstances set forth in Paragraph 1-7 above constitute a violation of this section as Respondent’s failure to disclose that Jeffrey Alton Dawkins was named on a revoked contractor’s license would have been grounds to deny the issuance of License No. C39R.270429-R to Respondent.

COUNT FIFTEEN A.R.S. § 32-1154(A)(20) provides grounds for suspension or revocation of a license as follows:

COUNT SIXTEEN

A.R.S. § 32-1154(A)(21) provides grounds for suspension or revocation of a license as follows:

A. The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: 21. 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.

The conduct and circumstances set forth in Paragraphs 1-7 above constitute a violation of this section. Respondent has a person listed on both of its licenses that is listed on another license in the State of Arizona that is under revocation.

The sixteen violations listed above are supported by the evidence and provide grounds for revocation of both licenses at issue. RECOMMENDED ORDER IT IS RECOMMENDED that the Registrar of Contractors revoke License Nos. C39R.270429-R and L39-270428-C.

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 5 days from the date of that certification.

Done this day, January 31, 2014.

/s/ Eric A. Bryant 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