FINACT2014A-1997-ROC.pdf

2014A-1997-ROC · Registrar of Contractors · 2015-01-27

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

IN THE MATTER OF THE CIVIL PENALTY ) ) CASE NO: 2014-1997 CITATION ISSUED TO: ) David Scott Morgan ) DOCKET NO. 2014A-1997-ROC ) RESPONDENT ) ) ORDER REJECTING ALJ’S ) RECOMMENDED DECISION ) ) ORDER SETTING REHEARING ) ) ) The Registrar rejects the Administrative Law Judge's attached Findings of Facts, Conclusions of Law and instead substitutes the Findings of Fact and Conclusions of Law set forth below. FINDINGS OF FACT 1. On or about May 16, 2014 the Registrar received information that lead to the investigation of unlicensed contracting by the Respondent. 2. On or about August 12, 2014 a Cease and Desist and Civil Citation was issued to Respondent for alleged violations of A.R.S. § 32-1151 via certified mail, which was received on August 22, 2014 as evidence by the United States Postal Service Return Receipt card signed by Respondent. 3. On September 18, 2014, Respondent filed an appeal of the Cease and Desist and requested a hearing with an return address different from the address where the citation was mailed. 4. On September 30, 2014, the Registrar requested the Office of Administrative Hearing to set a hearing in this matter. 5. On October 6, 2014, a Notice of Hearing was issued to Respondent at the address included as Respondent’s return address on his hearing request dated August 12, 2014. Such Notice of Hearing scheduled to commence on December 16, 2014 at 8:00 a.m. 6. On January 2, 2015, the Registrar determined that the Notice of Hearing was not properly mailed to Respondent’s correct and complete address, as the Registrar erroneously mailed the Notice of Hearing to the return address from Respondent’s hearing request, rather than the address where the citation was mailed and served.

REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 CONCLUSIONS OF LAW 1. The Registrar concludes that, due to a clerical error, Respondent was not provided proper notice to participate in the hearing scheduled for December 16, 2014.

ORDER The Registrar rejects the Administrative Law Judge’s attached Recommended Order. Justification: The Registrar’s clerical error constitute grounds for the Registrar to order a rehearing on its own initiative pursuant to A.A.C. § R4-9-120. See A.A.C. § R4-9-120(C) and (E). The Registrar further concludes that a rehearing is necessary to afford Respondent his right to appear and defend the citation.

ORDER SETTING REHEARING In the interests of justice and pursuant to A.A.C. R4-9-120, on its own initiative, hereby further ORDERS that a Rehearing be scheduled in the expedited course of docketing in the Phoenix area. A Notice of Rehearing will be issued in due course.

IT IS SO ORDERED this 20th day of January, 2015.

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 20th day of January, 2015 to: Respondent David Scott Morgan 4454 E. 40th St. Yuma, AZ 85365

AND copy electronically mailed this same date to:

Registrar’s Counsel Seth T. Hargraves, Esq., Assistant Attorney General Office of Administrative Hearings M. Douglas, Administrative Law Judge Registrar’s Investigations Department Case No. 2014-1997/mkc

REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762