ALJDEC decisions subject to certification as final

2015A-2231-ROC · Registrar of Contractors · 2015-09-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 28, 2015 APPEARANCES: Marian Bujor, Respondent; John Tellier, Attorney for the Registrar of Contractors; Manuel Bermudez, Registrar of Contractors Investigator ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________

FINDINGS OF FACT 1. The hearing in this matter was set to consider the matter of whether it would be appropriate to impose a $2,500.00 civil penalty on Respondent for contracting without the proper license. 2. Prior to the hearing, the parties discussed settlement. Because Respondent has obtained his contractor’s license, the Attorney for the Registrar agreed to reduce the civil penalty for contracting without a license from $1,500.00 to $200.00; however, he did not agree to reduce the civil penalty of $1,000.00 for advertising without a license. 3. The parties also agreed that the matter should be remanded to the Registrar for its further action. CONCLUSIONS OF LAW 1. Arizona contracting law prohibits persons from acting as a contractor without a license.[1] The law allows an exemption from licensure, with certain limitations, for a “handyman.” The Registrar can order a person who performs contracting without a license and who is not exempt from licensure to cease and desist such activity and may impose a civil penalty of at least $200.00 for each violation but not more than $2,500.00 per day.[2] 2. Without making any determination in this matter but based on the agreement of the parties, this matter shall be remanded to the Registrar of Contractors with the recommendation that the settlement be adopted. RECOMMENDED DECISION Based on the foregoing considerations, it is hereby recommended that the Registrar adopt the settlement agreement between the parties. It is further recommended that the Registrar require Respondent to pay the sum of $1,200.00 in certified funds as a civil penalty pursuant to A.R.S. § 32-1154(F). Done this day, September 28, 2015.

/s/ Dorinda M. Lang Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors ----------------------- [1] A.R.S. § 32-1164(A)(2). [2] A.R.S. § 32-1166(A).

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