ALJDEC decisions subject to certification as final

2016A-2177-ROC · Registrar of Contractors · 2016-09-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 20, 2016 APPEARANCES: Dennis Edwards, Complainant; Jim Dimond, Registrar of Contractors Investigator ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________

FINDINGS OF FACT 1. On or about September 21, 2015, Respondent accepted a down payment of $6,420.00 from Complainant to reroof Complainant’s home and then failed to perform any work on the Complainant’s home. 2. Respondent’s license has been revoked for the same type of activity. 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), which provides grounds for suspension or revocation of a contractor’s license for abandoning a project. 3. The Registrar of Contractors may consider the prior record of a contractor in any disciplinary proceeding. A.A.C. R4-9-117. 4. In this case, Complainant has established that Respondent violated A.R.S. § 32-1154(A)(1) when it took his down payment to reroof his house and then failed to perform. RECOMMENDED DECISION Based on the foregoing considerations, it is recommended that Respondent’s License Nos: 196516 and 196515 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, September 20, 2016.

/s/ Dorinda M. Lang Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors

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