ALJDEC decisions subject to certification as final

2016A-2283-ROC · Registrar of Contractors · 2016-10-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Hal Woodhead,

COMPLAINANT,

v.

Papadee's Construction Inc.,

License Nos. 223953 and 223954

RESPONDENT.

No. 2016A-2283-ROC

ADMINISTRATIVE LAW JUDGE DECISION RECOMMENDING THAT THE REGISTRAR DISMISS COMPLAINANT’S COMPLAINT

FINDINGS OF FACT

Hal Woodhead (“Complainant”) filed a complaint against Papadee’s Construction Inc. (“Respondent”) with the Office of the Arizona Attorney General Civil Litigation Division Consumer Protection & Advocacy Section (“Attorney General”). Complainant attached to the complaint a two-page single-spaced narrative, which generally alleged that Respondent’s principal refused to provide records and was skimming money that did not show on the books, in violation of the parties’ contract, and a Subcontract for Building Construction for electrical subcontracting work between W & M Professional Enterprises, PLLC (“W & M”) and Respondent for construction of the White residence.

The Attorney General referred the complaint to the Arizona Registrar of Contractors (“the Registrar”), which issued a Citation against Respondent’s contractor’s license for a possible violation of A.R.S. § 32-1154(A)(6) and referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.

A.R.S. § 32-1154(A)(6) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, “[t]he doing of a fraudulent act by the licensee as a contractor resulting in another person being substantially injured.” Respondent’s attorney filed a motion to dismiss the complaint because Complainant did not allege the nine common-law elements required to establish fraud, including any misrepresentation by Respondent or any actual injury. Respondent’s attorney also argued that Complainant does not have standing to prosecute the complaint because Respondent’s contract was with W & M, not Complainant. The Administrative Law Judge (“ALJ”) notes that according to the Registrar’s public website, Complainant is the former qualifying party of W & M, License No. C-11.267177-R.

The ALJ issued a minute entry order forwarding Respondent’s motion to dismiss to Complainant at the address on his complaint and allowing him until September 30, 2016, to file a response. As of this date, he has not responded.

CONCLUSIONS OF LAW

Complainant bears the burden of proof to establish cause to discipline Respondent’s contractor’s license by a preponderance of the evidence.

Because Complainant is unwilling to prosecute the complaint that was referred to the Registrar, this matter should be dismissed.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that Complainant Hal Woodhead’s complaint against Respondent Papadee’s Construction Inc.’s License Nos. 223953 and 223954 in Case No. 2016-2283 shall be dismissed.

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, October 4, 2016.

/s/ Diane Mihalsky

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

By: ____________