ROC Vacate

2016A-119-ROC · Registrar of Contractors · 2016-10-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing was begun on this date on the issue of whether cause existed to suspend or revoke Respondents’ licenses under A.R.S. § 32- 1154(A)(3), namely A.A.C. R4-9-108, which was the only charge on the Registrar of Contractors’ (“the Registrar’s”) Citation. During Complainant’s case-in-chief, it became clear that her expert witness opined that Respondents had violated an applicable building code provision and that an acceptable repair the acknowledged stucco deficiencies would require Respondents to take specific actions and that Complainant refused to allow Respondents access to repair the stucco unless they agreed to perform repairs according to her expert’s opinion. The Registrar’s investigator testified that the Registrar generally does not specify the means that contractors must use to correct deficient workmanship. After the Administrative Law Judge stated on the record that it was possible under the circumstances that the Registrar might close the complaint for denial of access, which would preclude Complainant from obtaining any further relief in this administrative forum, Complainant agreed to allow Respondents to attempt repairs as they saw fit and Respondents agreed to attempt repairs if Complainant allowed access. Therefore, IT IS ORDERED vacating the remainder of the hearing on the merits that had been scheduled on this date at 8:00 a.m. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(4) to the Director of Registrar with the recommendation that it be closed as resolved/settled/withdrawn, without prejudice to Complainant’s right to request that the matter be reopened or that a compliance hearing be scheduled if Respondents’ attempted repairs are unsatisfactory. Done this day, October 27, 2016.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed October 27, 2016 to:

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

Free Plastering Inc PO Box 6556 Peoria AZ 85385-6556

Mark A. Hanson, Esq. Schern Richardson Finter and Decker 1640 S. Stapley Drive. Suite 132 Mesa, AZ 85204 [email redacted] [email redacted]

Emilie Bell, Esq. BELL LAW PLC 6720 N Scottsdale Rd Ste 285 Scottsdale, AZ 85253-4462

By M.Aguirre

----------------------- ࠀࠨࠩ࠱࠲࠳࠷࠸ࡀࡁࡂ॔ज़३४ঋঌণপফবਫਬ౰೹഑ນ຦༎༣༺པཱၩၫၺႊ႖ႤჄ჉პჟჯჳ��퓬퓃퓃퓃퓸랽꿃럃랢랛랛랑랑쏔쏔 蛔牼蚯ᘒ땨嬌䌀ᙊ帀Ɋ愀ᙊᘒ땨嬌䌀ᡊ帀Ɋ愀ᡊᔔݨ��ᘀ땨嬌䌀ᡊ帀Ɋᘒ卨䌀ᡊ帀Ɋ愀ᡊᘍ卨㔀脈䩃ᔘ卨ᘀ 卨䌀ᡊ伀͊儀͊ᘎ歨␩䌀ᡊ帀Ɋᘊ卨䌀ᡊᘊ䍨䌀ᡊᘊ歨␩䌀ᡊȕ脈樃Dࠆᘁ땨嬌唀Ĉᘊ땨嬌䌀ᡊ17

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