ALJDEC decisions subject to certification as final

2015A-4448-ROC · Registrar of Contractors · 2016-01-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 13, 2016 APPEARANCES: Tom Raine, Attorney for Registrar of Contractors; Steven Welker and Adam Stafford, witnesses ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________ FINDINGS OF FACT 1. The Registrar of Contractors brings this action pursuant to its Citation and Complaint, which was issued on October 26, 2015. The Registrar of Contractors seeks to revoke Respondent’s License No. R- 11.296653-R for violations of A.R.S. § 32-1154(A)(11). 2. Respondent did not appear at the hearing. 3. At the hearing, the Registrar of Contractors offered evidence that Respondent has been served with a Determination and Directive for Payment dated April 10, 2015 from the Industrial Commission of Arizona for unpaid wages to an employee of Respondent. See Exhibit 2. 4. The Registrar of Contractors also offered evidence that Respondent has been served with a separate Determination and Directive for Payment dated June 24, 2015 from the Industrial Commission of Arizona for unpaid wages to a different employee of Respondent. See Exhibit 3. 5. The Registrar of Contractors submitted evidence that Respondent’s California Contractor’s license was suspended for 2 years beginning July 1, 2014 and a Disciplinary Bond of $15,000 to be carried for three years beginning July 14, 2015 for violations of California’s Contractor’s statutes. See Exhibit 5. 6. The Registrar of Contractors offered into evidence documentation that Respondent’s Qualifying Party, Dion Perdikoyiannis, was operating Unleash Solar as a contracting company in Australia, where the business closed, leaving behind unpaid subcontractors and customers with warranty issues. See Exhibit 4. 7. The Registrar of Contractors offered into evidence an article about dishonest solar companies in which Respondent was named as having numerous potential violations. 8. Steven Welker, an Arizona State Labor Department Investigator testified that Respondent has not paid the two wage claims as ordered by the Industrial Commission of Arizona and each claim subjects Respondent to treble damages if not answered and paid. 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 issued by the Registrar of Contractors in this matter alleged potential violations of A.R.S. § 32-1154(A)(11). 3. A.R.S. § 32-1154(A)(11) provides grounds for suspension or revocation of a contractor’s license for “[f]ailure . . . to comply with any safety or labor laws or codes of the federal government, state or political subdivisions of the state”. 4. The Registrar of Contractors may consider the prior record of a contractor in any disciplinary proceeding. A.A.C. R4-9-117. As of the time of this recommendation, Respondent’s license is in good standing. 5. In this case, the Registrar of Contractors has established that Respondent violated A.R.S. § 32-1154(A)(11) by failing to pay its employees. Respondent’s history in Australia and California are aggravating factors that indicate Respondent is a danger to any potential customers in Arizona. 6. The Registrar of Contractors recommended revocation of Respondent’s license until all judgments are paid. However, the extent of damage done by Respondent in other jurisdictions merits more protection for Arizona citizens. Therefore, it is recommended that Respondent’s license be revoked outright with no limits on the duration of revocation. RECOMMENDED DECISION Based on the foregoing considerations, the undersigned Administrative Law Judge hereby recommends that Respondent’s license be revoked.

If the Director of the Office of Administrative Hearings certifies this Administrative Law Judge Decision, the effective date of the order will be forty (40) days from the date of certification. Done this day, January 27, 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