ROC Vacate

2015A-4873-ROC · Registrar of Contractors · 2016-01-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Ventura Pacific Development Inc.’s (“Respondent’s”) attorney has filed a motion requesting that the hearing be vacated and the complaint closed because it never contracted with BDB Engineering LLC (“Complainant”) and because Complainant’s client was Maricopa Air, not Respondent. In addition, Respondent alleges that Complainant’s work was deficient, furnishing legal excuse for the client’s failure to pay Complainant and precluding any finding of cause to discipline Respondent’s license under A.R.S. § 32-1154(A)(10).[1] Complainant has failed to respond to the motion in the time allowed. Therefore, IT IS ORDERED vacating the hearing on the merits that had been scheduled on February 11, 2016, at 10:00 a.m. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(4) to the Director of the Arizona Registrar of Contractors for further action. The undersigned Administrative Law Judge has made a recommendation to the Arizona Registrar of Contractors on this date for the just disposition of Complainant’s complaint against Respondent license in light of the foregoing. Done this day, January 12, 2016.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed January 12, 2016 to:

Jeffrey Fleetham, Director Registrar of Contractors c/o Legal Department 1700 W. Washington St., Suite 105 Phoenix, AZ 85007

BDB Engineering LLC Sherilyn Budzik P.O. Box 72360 Phoenix, AZ 85050-1023

Everett S. Butler, Esq. The Butler Law Firm 3800 N. Central Ave., Suite 810 Phoenix, AZ 85012-3338

By Dawn Vandeberg ----------------------- [1] A.R.S. § 32-1154(A)(10) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, “[f]ailure by a licensee . . . to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor when the licensee has the capacity to pay or, if the licensee lacks the capacity to pay, when the licensee has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.”

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