ALJDEC decisions subject to certification as final

2014A-1587-ROC · Registrar of Contractors · 2014-06-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 22, 2014 APPEARANCES: Seth Hargraves, Assistant Attorney General representing the Registrar of Contractors; Michael Capuzzo, Respondent’s representative; Katherine Gosiger and Adam Stafford, witnesses ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________

FINDINGS OF FACT 1. Respondent holds Registrar of Contractors licenses B.150800-R and B-2.231763-C. 2. On November 27, 2014, the Arizona Industrial Commission Division of Occupational Safety & Health (“ADOSH”) issued a Citation and Notification of Penalty (“First Citation”) to Respondent. The Notice informed Respondent that an inspection of Respondent’s job site revealed conditions that were believed to be a violation of the Arizona Occupational Safety and Health Act. The Notice also informed Respondent of assessed penalties in the amount of $1350.00. The Notice required Respondent to submit a Certificate of Abatement in order to avoid further penalties. Exhibit 1. 3. When Respondent failed to submit a Certificate of Abatement, ADOSH issued another Citation and Notification of Penalty on February 10, 2014 (“Second Citation”) informing Respondent that another penalty of $300.00 was being assessed against it. Exhibit 2. 4. On April 8, 2014, ADOSH issued Respondent a letter informing Respondent that, because Respondent had not submitted written confirmation of corrections of the serious violations advised of in the First Citation and Second Citation, ADOSH was referring the matter to the Registrar of Contractors with a request that the Registrar take any necessary action. Exhibit 3. 5. On May 1, 2014, Adam Stafford, Esq., Assistant Chief of the Legal Department for the Registrar of Contractors, issued an Order of Summary Suspension against Respondent’s License Nos. B.150800-R and B-2.231763-C because Respondent had violated and continued to be in violation of the Arizona Occupational Health and Safety Act. Exhibit 6. 6. The current status of License No. B.150800-R is that it was suspended on January 31, 2014 for lack of bond. Exhibit 4. 7. The current status of License B-2.231763-C is that it expired on May 1, 2014 after having been suspended for a year for non-renewal. 8. Respondent’s representative testified that he missed the deadline for appealing the findings of ADOSH and he has been advised to settle with it, but he has not been able to accomplish this. CONCLUSIONS OF LAW 1. This matter is within the jurisdiction of the Registrar of Contractors pursuant to A.R.S. §§ 32-1104(A)(4), 32-1154(B) and 32-1156. 2. The Citation and Notice of Hearing issued by the Registrar of Contractors in this matter alleged potential violations of A.R.S. § 32- 1154(A)(12) and (21). 3. A.R.S. § 32-1154(A)(12) provides grounds for suspension or revocation of a contractor’s license for failure to comply with any safety or labor laws or codes. 4. A.R.S. § 32-1154(A)(21) provides grounds for suspension or revocation of a contractor’s license for having a person named on a license who is or was named on a suspended or revoked license for any act or omission done while named on the license, but not for a license revoked under this provision. 5. The Registrar of Contractors may consider the prior record of a contractor in any disciplinary proceeding. A.A.C. R4-9-117. Administrative notice is taken of the Respondent’s prior License record as reflected on the Registrar of Contractors public website on June 4, 2014. Such prior License record reflects that the status of Respondent’s licenses has not changed since the dates reflected in Exhibits 4 and 5. 6. In this case, the Registrar of Contractors has established that Respondent violated A.R.S. § 32-1154(A)(12) in that ADOSH has made a final determination of a safety violation and Respondent has not corrected it. Since there is an ongoing violation, it is appropriate to revoke both of Respondent’s licenses in order to avoid violation of A.R.S. § 32- 1154(A)(21). RECOMMENDED DECISION In view of the foregoing, it is recommended that Respondent’s License Nos. B.150800-R and B-2.231763-C shall be revoked on the effective date of the Order entered in this matter.

Done this day, June 4, 2014.

/s/ Dorinda M. Lang 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