ALJDEC decisions subject to certification as final

2014A-5105-ROC-res · Registrar of Contractors · 2015-06-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 10, 2015, at 1:00 p.m. APPEARANCES: The Arizona Registrar of Contractors (hereinafter “Registrar”) was represented by Assistant Attorney General Seth T. Hargraves. Lozano Construction LLC (hereinafter “Respondent”) was represented by its attorney, Benjamin L. Gottlieb. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

The Registrar of Contractors (“Registrar” or “ROC”) brings this matter alleging violations of the contractor licensing statutes. The parties appeared and entered stipulations and agreements into the record as follows. FINDINGS OF FACT Respondent admits factual allegations 1-7 as set forth in the Citation and Notice of Hearing issued in this matter by the Registrar on December 30, 2014:

1. On December 6, 2001, the Registrar issued License No. KB-2.170656-D to Respondent, an Arizona limited liability company. 2. On or about September 2, 2011, Glenda Williamson, hereinafter “Ms. Williamson”) entered into a contract with Respondent to build a residence located at 3501 North Yuma Drive in Chino Valley, Arizona for $175,000. 3. In or about August of 2012, Respondent hired C.I.T.A. Construction, Inc., hereinafter “CITA,” to perform concrete work as a subcontractor at Ms. Williamson’s project. 4. On or about November 26, 2013, Ms. Williamson filed a complaint with the Registrar alleging, inter alia, poor work by CITA in the performance of its contract to build a foundation at the 3501 North Yuma Drive project. 5. Respondent’s September 2, 2011 contract with Ms. Williamson does not include all of the elements required by A.R.S. § 32-1158(B). 6. Respondent’s contract does not include Respondent’s license number preceded by the acronym “ROC.” 7. On or about January 14, 2014, the Registrar conducted a jobsite inspection and substantiated that both Respondent and CITA’s work failed to meet minimum construction standards.

CONCLUSIONS OF LAW

1. The Citation and Notice of Hearing alleges violations of: Count 1: A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108 (prohibiting poor workmanship); Count 2: A.R.S. § 32-1154(A)(12), namely A.R.S. § 32-1158(B) (requiring minimum elements in every contract); and Count 3: A.R.S. § 32- 1154(A)(12), namely A.R.S. § 32-1124(B) (Respondent’s contract does not include Respondent’s license number preceded by the acronym “ROC”). 2. Respondent admitted the violations in Counts 1, 2 and 3. 3. Respondent stipulated and agreed to a seven-day suspension of License No. KB-2.170656-D issued to Respondent. RECOMMENDED ORDER In consideration of the settlement agreement above, IT IS ORDERED that the Registrar suspend License No. KB-2.170656-D of Respondent Lozano Construction LLC for a period of seven (7) days beginning on the effective date of this Order. 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, June 10, 2015. /s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826