ALJDEC decisions subject to certification as final

2014A-1332-ROC · Registrar of Contractors · 2014-08-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 14, 2014

APPEARANCES: Respondent was represented by Robert Kevin Burson, Member and Qualifying Party; the State of Arizona, Registrar of Contractors, was represented by Assistant Attorney General Seth Hargraves, ROC Staff Attorney Jose Gill, and ROC Inspector Ted Gerold.

WITNESSES: None

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The Registrar of Contractors (“Registrar” or “ROC”) brings this matter alleging violations of the contractor licensing statutes. The parties appeared at hearing and the parties entered oral admissions and agreements into the record as follows. FINDINGS AND CONCLUSIONS 1. Respondent admits the violations in Counts 1, 2, and 3, which are stated in the Citation and Complaint as follows: COUNT ONE (2012-6027) A.R.S. § 32-1154(A)(3) 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: 3. Violation of any rule adopted by the Registrar, namely A.A.C. R4-9- 108.

The conduct and circumstances set forth in Paragraphs 1-6 above constitute a violation of this section. Respondent failed to perform all work on Ms. Bannard’s project in a professional and workmanlike manner.

COUNT TWO (2012-6027) A.R.S. § 32-1154(A)(13) provides grounds for suspension or revocation of a license as follows:

The conduct and circumstances set forth in Paragraphs 1-6 above constitute a violation of this section. Respondent’s February 15, 2012 contract with Ms. Bannard does not contain all of the elements required by A.R.S. § 32-1158(B).

COUNT THREE (2012-6027) A.R.S. § 32-1154(A)(13) 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: 13. Failure in any material respect to comply with this chapter, namely A.R.S. § 32-1124(B) The conduct and circumstances set forth in Paragraphs 1-6 above constitute a violation of this section. Respondent’s invoices to Ms. Bannard dated March 30, 2012, April 2, 2012, and May 11, 2012 do not contain Respondent’s license number preceded by the acronym “ROC.”

2. The ROC dismisses Count 4 of the Citation and Complaint. 3. Based on the violations, Respondent agrees to revocation of the license. RECOMMENDED ORDER In consideration of the settlement agreement above: IT IS RECOMMENDED that the Registrar of Contractors revoke License KB- 1.240021-D held by Full Scale LLC.

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, August 14, 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