ALJDEC decisions subject to certification as final

2016A-1439-OMC-ROC · Registrar of Contractors · 2018-02-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Registrar of Contractors

COMPLAINANT

-v-

Mosher Communications LLC

License No(s). CR67.236652-D

RESPONDENT

No. 2016A-1439-OMC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: February 6, 2018, at 8:30 a.m.

APPEARANCES: John Tellier (“Mr. Tellier” attorney for the Registrar of Contractors “Registrar” or “ROC”), and Bonny Allan (“Ms. Allan” witness for the Registrar).

NON-APPEARANCE: Mosher Communication, LLC (“Respondent”)

ADMINISTRATIVE LAW JUDGE: Linda Marie Brown

_____________________________________________________________________

FINDINGS OF FACT

Mosher Communication, LLC (“Respondent”) is a limited liability corporation that holds License No. CR67.236652-D. Andrew Ryan Mosher (“Mr. Mosher”) is named a member on Respondent’s license.

On September 28, 2017, the Registrar issued a Citation charging cause to suspend or revoke Respondent’s licenses under A.R.S. § 32-1154(A)(20) because Respondent “[had] a person named on the license[s] who is named on any other license in this state or in another state which is under suspension or revocation unless the prior revocation was based solely on a violation of this paragraph; to include A.R.S. § 32-1161(C), after revocation of a license upon any of the grounds set forth in section 32-1154, the license shall not be renewed or reissued for one year after final determination of revocation and then only on proper showing that all loss caused by the act or omission for which the license was revoked has been fully satisfied.”

The Citation explained that Andrew Ryan Mosher had been listed as the qualifying party/member on License No. KB-2.278152-D issued to Elle Ryan Contracting, LLC (“Elle Ryan”).

The Citation further explained that on or about April 20, 2016, complaint 2015-1271 was filed against License No. 278152 alleging poor work.

On February 10, 2016, a Final Administrative Decision and Order was issued against License No. 278152, suspending its license for five (5) days and assessing a Civil Penalty of $500.00. Failure to pay the $500.00 Civil Penalty within thirty days of the Final Order would result in revocation of Elle Ryan’s license.

On or about May 25, 2016, Complainant was awarded from the Recovery Fund a payout of $16,700.00. Elle Ryan did not file a timely request for hearing, and therefore pursuant to A.R.S. § 32-1154(G) waived the right to contest the award.

Upon receipt of the Citation issued by the Registrar on September 28, 2017, noticing the Respondent of the alleged violations, Respondent filed its answer and request for hearing on October 12, 2017, denying any association, partnership or legal connection to Elle Ryan Construction, LLC.

The matter was referred to the Office of Administrative Hearings, an independent state agency (“OAH”), for an evidentiary hearing. On January 2, 2018, the Registrar issued a Notice of Hearing, setting a hearing on February 6, 2018, at 8:30 a.m. The Registrar sent the Notice of Hearing to Respondent at its address of record.

Respondent did not request to appear telephonically at the duly noticed hearing or request the hearing be continued. Although the beginning of the duly noticed rehearing was delayed at least twenty minutes to allow Respondent additional travel time to appear, Respondent did not appear through a duly authorized officer, employee, or attorney, and did not contact OAH to request that the time for the hearing be further delayed. Consequently, Respondent did not present any evidence to defend its contractor’s license.

The Registrar presented the testimony of its employee, Bonny Allan, a Staff Attorney in the Registrar’s Legal Department, and submitted eleven (11) exhibits to establish the facts set forth below.

On or about August 11, 2007, the Registrar issued License No. 236652 to Respondent. Mr. Mosher is listed as a member on the license application.

According to the Registrar’s records, Respondent’s member, Mr. Mosher, is also listed as the Qualifying Party/Member to Elle Ryan, License No. KB-2.278152-D.

Elle Ryan was subject to discipline under complaint 2015-1276, and imposed discipline of a five (5) day suspension and $500.00 Civil Penalty.

Recovery Fund payout in the amount of $16,700.00 was paid as resulting from Complaint 2015-1276.

Mr. Mosher was a person named on Elle Ryan’s when the act or omission for which the license was disciplined occurred.

Mr. Mosher is named on the revoked license of Elle Ryan at the time the acts and omissions occurred and may not be named on Respondent’s license according to A.R.S. §§ 31-1154(A)(20) and 32-1161(C).

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

The Notice of Hearing the Registrar mailed to Respondent at its addresses of record was reasonable and Respondent is deemed to have received the notice of the hearing.

The Registrar bears the burden of proof to establish grounds for suspension or revocation of Respondent’s licenses by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

The Registrar established that Elle Ryan’s, License No. KB-2.278152-D was revoked and Mr. Mosher was listed as the Qualifying Party/Member of that license.

The Registrar established that Mr. Mosher is listed as a member on Arizona License No. CR67.236652-D. Therefore, the Registrar established cause to suspend or revoke Respondent’s license under A.R.S. § 32-1154(A)(20).

RECOMMENDED ORDER

In light of the foregoing, it is ordered that on the effective date of the final order in this matter, Respondent Mosher Communications, LLC’s, License No. CR67.236652-D shall be suspended until it removes Andrew Ryan Mosher as a member on the Registrar’s records and any subsequent records as found at the Arizona Corporation Commission.

In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be five days from the date of that certification.

Done this day, February 26, 2018.

/s/ Linda Marie Brown

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors