ALJDEC decisions subject to certification as final

2015A-1542-ROC · Registrar of Contractors · 2015-08-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 22, 2015, and August 11, 2015. APPEARANCES: The Arizona Registrar of Contractors (hereinafter “Registrar”) was represented by Assistant Attorney General Seth T. Hargraves, Esq. Desert Devil Group LLC dba: Great Spaces License Nos. CR61.271665-D and CR60-251674-D (hereinafter “Great Spaces” or “Respondent”) was represented by its attorney, Ivan Kolesik Jr., Esq. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

The Registrar alleged that Great Spaces violated contractor licensing statutes. On August 11, 2015, the parties appeared and entered stipulations and agreements into the record as follows. FINDINGS OF FACT Great Spaces admitted factual allegations 1 through 5 as set forth in the Citation and Notice of Hearing issued in this matter by the Registrar. The five admitted allegations were as follows: 1. On May 18, 2011, the Registrar issued License No. C-69.271665-D (now reclassified as CR61.271665-D) to Respondent, an Arizona limited liability company.[1]

2. On December 26, 2008, the Registrar issued License No. L- 60.251674-D (now reclassified as License No. CR60.251674-D) to Respondent.[2]

3. On or about April 11, 2013, Christopher Rapkin (hereinafter “Mr. Rapkin”), filed a complaint with the Registrar alleging poor work by Respondent in the performance of its November 2012 contract to remodel a residence located 4737 E. Charleston Avenue in Phoenix, Arizona.[3]

4. During the course of its dealings with Mr. Rapkin, Respondent delivered or caused to be delivered to Mr. Rapkin, an email message dated July 11, 2013. Respondent’s email message does not display Respondent’s license number preceded by the acronym, “ROC.”

5. On or about May 15, 2013, the Registrar conducted a jobsite inspection and subsequently issued a Corrective Work Order directing Respondent to take appropriate corrective action at the Charleston Avenue residence.[4]

The Registrar withdrew factual allegation number 6 in the Citation. Respondent admitted certain charged violations in Count One and Count Four of the Citation. Count One of the Citation provided as follows: A.R.S. § 32-1154(A)(3) provides 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 1-5 above constitute a violation of this section. Respondent’s work at the Charleston Avenue residence does not meet minimum construction standards.

Count Four of the Citation provides as follows: A.R.S. § 32-1154(A)(20) 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:

20. Having a person named on a license who is or was named on any other license in this state or in any other state that is under suspension or revocation for any act or omission that occurs while the person is or was named on the license unless the prior revocation was based solely on a violation of this paragraph.

The Registrar dismissed Count Two and Count Three of the Citation. CONCLUSIONS OF LAW 1. The Citation charged violations of: A.R.S. § 32-1154(A)(3) (Count 1); A.R.S. § 32-1154(A)(12)(Count 2); A.R.S. § 32-1154(A)(22) (Count 3); and A.R.S. § 32-1154(A)(20) (Count 4). 2. Respondent admitted the violations set forth in Counts 1 and 4 of the Citation. 3. The Registrar dismissed Counts 2 and 3 of the Citation. 4. The Registrar and the Respondent stipulated and agreed to the suspension of Respondent’s License Nos. CR61.271665-D and CR60-251674-D for a period of one (1) day for the admitted violations of A.R.S. § 32- 1154(A)(3) (Count 1) and A.R.S. § 32-1154(A)(20) (Count 4). RECOMMENDED ORDER In consideration of the admissions and stipulations above: IT IS RECOMMENDED that License Nos. CR61.271665-D and CR60-251674-D of Desert Devil Group LLC dba: Great Spaces shall be suspended for a period of one (1) day commencing on the effective date of the Registrar’s final 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 shall be five days from the date of certification. Done this day, August 12, 2015.

/s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors

----------------------- [1] See Exhibit 1 (Application for Contractor’s License, license certification, and Arizona Corporation commission webpage printout attached to Citation). [2] See Exhibit 2 (Application for Contractor’s License and license certificate attached to Citation). [3] See Exhibit 3 (Complaint No. 2013-1724 attached to Citation). [4] See Exhibit 4 (The Registrar’s June 7, 2013 Corrective Work Order attached to the Citation).

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