ALJDEC decisions subject to certification as final

2013A-4778-ROC · Registrar of Contractors · 2014-03-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 5, 2014, at 1:00 p.m. APPEARANCES: The Arizona Registrar of Contractors (hereinafter “Registrar”) was represented by Assistant Attorney General, Seth Hargraves. Qualified Electrical Contractors, L.L. C. (hereinafter “Qualified” or “Respondent”) failed to appear. 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 Background and Procedure The Registrar is authorized to impose disciplinary sanctions against a licensee for violations of Title 32, Chapter 10 of the Arizona Revised Statutes. On March 24, 2004, the Registrar issued License No. K-11.193462-D to Qualified. The license lists Kelly Beckner as a member and Qualifying Party.[1] On July 6, 2009, the Registrar issued License No. A-17.256091-C to Qualified. The license lists Kelly Beckner as a member and Qualifying Party.[2] On June 11, 2012, the Registrar issued License No. K-11.277409-D to KSB Technologies LLC, an Arizona limited liability company. The license lists Kelly Beckner as a member.[3] On June 12, 2012, the Registrar issued License No. A-17.276653-C to KSB Technologies LLC, an Arizona limited liability company. The license lists Kelly Beckner as a member and Qualifying Party.[4] On August 28, 2013, the Registrar revoked License Nos. K-11.277409-D and A- 17.276653-C of KSB Technologies LLC pursuant to a Default Decision and Order in Case No. 2013-2882.[5] Testimony of Adam Stafford, Esq. Adam Stafford, Esq. (hereinafter “Mr. Stafford”) testified that he is the Assistant Chief of the Legal Department for the Registrar. Mr. Stafford stated that he was familiar with the K-11 and A-17 licenses of Qualified. Mr. Stafford testified that both licenses were current. Mr. Stafford testified that Kelly Beckner is the managing member for Qualified. Mr. Stafford stated that on August 28, 2013, the Registrar revoked License Nos. K-11.277409-D and A-17.276653-C of KSB Technologies LLC pursuant to a Default Decision and Order in Case No. 2013-2882. Mr. Stafford testified that Kelly Beckner is listed as a member on License No. K-11.277409-D and that Kelly Beckner is listed as a member and Qualifying Party on License No. A-17.276653. Mr. Stafford opined that Qualified had violated the charged provision of A.R.S. § 32-1154(A)(21). Mr. Stafford’s testimony is found to be credible. 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). A.R.S. § 32-1154(A)(21) provides among the acts that licensees shall not commit the following: 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.

Qualified has a person, Kelly Beckner, named on its contractor’s licenses, License No. K-11.193462-D and License No. A-17.256091-C, who is also named on License Nos. K-11.277409-D and A-17.276653-C of KSB Technologies LLC that were revoked. The Registrar bears the burden of showing, by a preponderance of the evidence, that Qualified has violated the charged provision of A.R.S. § 32- 1154(A)(21) and, thus, that the Registrar has grounds to discipline Qualified’s licenses.[6] The Registrar has met that burden. This Tribunal concludes that Qualified has violated the charged provision of A.R.S. § 32- 1154(A)(21). RECOMMENDed order In view of the foregoing, it is recommended that License Nos. K- 11.193462-D and A-17.256091-C of Qualified shall be revoked. 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, March 11, 2014.

/s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors

----------------------- [1] See Exhibit No. 1 (Qualified’s application for K-11 contractor’s license). [2] See Exhibit No. 2 (Qualified’s application for A-17 contractor’s license). [3] See Exhibit No. 5 (KSB Technologies, LLC’s application for K-11 contractor’s license). [4] See Exhibit No. 6 (KSB Technologies, LLC’s application for A-17 contractor’s license). [5] See Exhibit No. 4 (Default Decision and Order Re: KSB Technologies LLC). [6] Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (Ct. App. 1996).

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