ALJDEC decisions subject to certification as final

2014A-963-ROC · Registrar of Contractors · 2014-06-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 3, 2014

APPEARANCES: A F Electric LLC appeared through Member/proposed Qualifying Party Adrian Escalante; the State of Arizona, Registrar of Contractors, was represented by Assistant Attorney General Seth Hargraves and ROC Chief of Licensing Lawrence Matthews.

WITNESSES: None

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

A F Electric LLC (“Applicant”) appeals the Arizona Registrar of Contractors’ (“ROC” or “Registrar”) denial of an application for a specialty (electrical) commercial contracting license. The ROC based the denial upon finding that Applicant’s sole Member and proposed Qualifying Party has been on a prior suspended license. Applicant requested a hearing and appeared at the time for hearing. At the start of the hearing, the Administrative Law Judge heard opening statements from both parties. Adrian Escalante, appearing for Applicant, admitted that the ROC has legal grounds to deny Applicant’s application. He wanted the hearing to negotiate with the ROC. The parties had discussed the matter prior to the hearing and the ROC representatives had explained to Escalante the requirements that must be met before Applicant would be eligible for a new license. Escalante stated that he understood that the ROC would not approve the application while there was an outstanding matter of suspension that had not been complied with. Once compliance was in place, the ROC would review a new application. Escalante stated that it was his plan to take care of the compliance matter and re- apply. Because there was no legal dispute between the parties, the Administrative Law Judge did not take evidence other than pre-marked Exhibits 1 through 6 from the ROC, which were added to the record. Based on the Exhibits and Applicant’s failure to dispute the basis for the application denial, the Administrative Law Judge makes the following Recommend Order: RECOMMENDED ORDER IT IS RECOMMENDED that the Registrar of Contractors deny the September 23, 2013, application for licensure of A F Electric 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, June 3, 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