ALJDEC decisions subject to certification as final

2015A-3074-ROC · Registrar of Contractors · 2016-01-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 29, 2015 APPEARANCES: Robert Reder, Attorney for Complainant; Erin Porter, Complainant ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________ After filing a complaint with the Registrar of Contractors, Complainant established a violation by Respondent that, in combination with Respondent’s license history, merits revocation of Respondent’s licenses. Therefore, it is recommended that Respondent’s licenses by revoked. FINDINGS OF FACT 1. Complainant contracted with Respondent for the construction of a large project on her yard. Respondent took money from Complainant but did not complete the work and work that Respondent did perform had to be redone. 2. Complainant filed a complaint with the Registrar of Contractors on July 17, 2015. 3. On September 9, 2015, Respondent answered the complaint stating that it was denied access and Complainant suffered no damages. 4. The matter was set for hearing at the Arizona Office of Administrative Hearings, but Respondent did not appear. Complainant adopted under oath her complaint and its supplement. 5. Complainant’s complaint and supplement provide dates and details about Respondent’s failure to timely begin the project and its failure to complete it along with details about how the work Respondent did do did not meet workmanship standards. 6. The Registrar of Contractors identified two issues for hearing, abandonment and contracting beyond the scope of the license. CONCLUSIONS OF LAW 1. This matter is within the jurisdiction of the Registrar of Contractors pursuant to A.R.S. §§ 32-1104(A)(4), 32-1154(B) and 32-1156. 2. The Citation and Complaint issued by the Registrar of Contractors in this matter alleged potential violations of A.R.S. § 32-1154(A)(1) and (16). 3. A.R.S. § 32-1154(A)(1) provides grounds for suspension or revocation of a contractor’s license for abandoning a project he or she has undertaken. 4. A.R.S. § 32-1154(A)(16) provides grounds for suspension or revocation of a contractor’s license for knowingly contracting beyond the scope of his or her license. 5. The Registrar of Contractors may consider the prior record of a contractor in any disciplinary proceeding. A.A.C. R4-9-117. On standing motion by the Registrar of Contractors, the computer records of the Registrar of Contractors may properly be considered to be evidence in the event the Administrative Law Judge finds a violation of any of the statutory provisions cited in the Citation. As of the date of this recommendation, the Registrar of Contractors website listed two licenses for Respondent, License # 265235, a CR-21 classification, and License # 279568, a KA-5 classification. Both are listed as revoked. 6. In this case, the Complainants have established that Respondent violated A.R.S. § 32-1154(A)(1) when it agreed to perform a contract with Complainant and failed to complete the work. Although the basis for alleging a violation of A.R.S. § 32-1154(A)(16) was not addressed at hearing, it was not necessary to do so because a violation of A.R.S. § 1154(A)(1) was already clearly established that, in combination with Respondent’s license history, merits the revocation of Respondent’s licenses. RECOMMENDED DECISION Based on the foregoing considerations, the undersigned Administrative Law Judge hereby recommends that Respondent’s licenses be revoked on the effective date of the final decision in this matter.

If the Director of the Office of Administrative Hearings certifies this Administrative Law Judge Decision, the effective date of the order will be the date of certification.

Done this day, January 11, 2016.

/s/ Dorinda M. Lang Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors -----------------------

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