FINACT2013A-5289-ROC.pdf

2013A-5289-ROC · Registrar of Contractors · 2014-03-07

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

IN THE MATTER OF THE RENEWAL ) ORDER APPLICATION OF: ) ) ) Clark's Maintenance LLC ) License No. KB-1.273064-D ) ) The Registrar adopts the Administrative Law Judge's attached Recommended Order with the following modifications: On page 2, delete lines 13-20 “The Registrar may . . . met that burden.” Justification: The ALJ’s conclusion that the Registrar bears the burden of proof when denying the application for renewal of a license is incorrect. A license is a finite property interest valid for two years at most. There is no presumption or entitlement for renewal of such license. A.R.S. § 41-1065 states: Proceedings for licenses or permits on application when not required by law to be preceded by notice and opportunity for hearing shall be governed by the provisions of the law relating to the particular agency, provided that when an application for a license or permit is denied under the provisions of the law relating to a particular agency the applicant shall be entitled to have a hearing before such agency on such denial upon filing within fifteen days after receipt of notice of such refusal a written application for such hearing. Notice shall be given in the manner prescribed by section 41-1061. At such hearing such applicant shall be the moving party and have the burden of proof. Such hearing shall be conducted in accordance with this article for hearing of a contested case before an agency. Such hearing before such agency shall be limited to those matters originally presented to the agency for its determination on such application. See also A.R.S. § 41-1092.07(G)(“At a hearing on a denial of a license or permit, the applicant has the burden of proof”). The provisions of law relating to the Registrar require it notify the applicant of the agency’s decision to grant or deny a verified application to obtain or renew a license within sixty (60) days of the filing of that application. See ARS § 32-1122(B)(1), ARS § 32-1124(A), and AAC R4-9-113(D)(6). The applicant may then request a hearing on the denial, at which the applicant shall have the burden of proof to show why its application to obtain or renew a license should be granted Based on this Decision, the Order, as modified, shall become effective on April 9, 2014. ///

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of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 IT IS SO ORDERED this 28th day of February, 2014.

Registrar of Contractors

/s/ Marc A. D’Amore __________________________ Marc A. D’Amore Chief of the Legal Department

Copy mailed via USPS First Class mail this 28th day of February, 2014 to: Respondent Clark's Maintenance LLC 5131 N. Safi Way Paradise Valley, AZ 85253-6944

AND copy electronically mailed this same date to:

Registrar’s Counsel John R Tellier Esq., Assistant Attorney General

Office of Administrative Hearings Eric A. Bryant, Administrative Law Judge

Registrar’s Chief of Licensing Lawrence Matthews

Case No. 2013-5289 /mkc