ROC Vacate

2016A-4092-ROMC-ROC · Registrar of Contractors · 2017-04-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing on the merits of the Citation and Complaint issued by the Registrar of Contractors (“the Registrar”) against Rico’s Waterfalls and Landscaping, Inc.’s (“Respondent’s”) License No. CR21-194639-D had been scheduled on this date. At the hearing, Respondent’s representative, Henry Rico Rodriguez, acknowledged on the record the factual allegations in the Citation and Complaint and that, based on those acknowledged facts, cause existed to suspend or revoke Respondent’s license under the charged statutes, to wit, A.R.S. §§ 32-1154(A)(17),[1] 32-1154(A)(12),[2] namely 32- 1124(B),[3] and 32-1154(A)(15).[4] Mr. Rodriguez acknowledged that Respondent owed transaction taxes to the Arizona Department of Revenue (“ADOR”), that failure to pay such taxes required the Registrar to suspend Respondent’s license under A.R.S. § 32-1154(C),[5] and that on August 21, 2016, Respondent’s license had been administratively suspended for lack of bond.[6] As a result of Respondent’s admitted violations of the Registrar’s statutes, Mr. Rodriguez agreed that Respondent’s license would remain suspended until (1) Respondent paid back taxes to ADOR or otherwise reached an agreement with ADOR to resolve the issue of unpaid taxes; and (2) Respondent obtained a surety bond for its contracting activities. In the meantime, until these two conditions are satisfied, Mr. Rodriguez agreed that Respondent would not advertise its availability to provide contracting services to the public, unless it disclosed its current unlicensed status in the advertisement, and that Respondent would not perform contracting work for any member of the public. Therefore, IT IS ORDERED vacating the remainder of the hearing that had been scheduled on this date at 8:30 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. Done this day, April 4, 2017. /s/ Diane Mihalsky Administrative Law Judge Copy mailed/e-mailed/faxed April 4, 2017 to: Jeffrey Fleetham, Director Registrar of Contractors c/o Legal Department 1700 W. Washington St., Suite 105 Phoenix, AZ 85007

Thomas Raine, Esq. Assistant Attorney General Licensing and Enforcement Section 1275 W. Washington St. Phoenix, AZ 85007 Henry Rico Rodriguez Rico's Waterfalls and Landscaping, Inc. 8307 E State Route 69 Prescott Valley, AZ 86312-2001

By M. Johnson ----------------------- [1] A.R.S. § 32-1154(A)(17) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, “[c]ontracting or offering to contract or submitting a bid while the license is under suspension or while the license is on inactive status.” [2] A.R.S. § 32-1154(A)(13) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, “[f]ailure in any material respect to comply with this chapter.” [3] A.R.S. § 32-1124(B) requires that licensed contractors include their license number “preceded by the acronym ‘ROC’“ on “all written bids submitted by the licensee and . . . on all advertising, loan forms, lending institution forms, letterheads and other documents used by the licensee in the conduct of business regulated by this chapter.” [4] A.R.S. § 32-1154(A)(15) includes among the grounds for suspension, revocation, and other disciplinary action against a contractor’s license, “[f]alse, misleading or deceptive advertising whereby any member of the public may be misled and injured.” [5] A.R.S. § 32-1154(C) provides that “[p]ursuant to this chapter, the registrar shall temporarily suspend or permanently revoke the license issued to a person under this chapter on notice from the department of revenue that a tax debt related to income taxes, withholding taxes or any tax imposed or administered by title 42, chapter 5 that was incurred in the operation of the licensed business has become final and the person neglects to pay or refuses to pay the tax debt.” [6] A.R.S. § 32-1152 requires contractors to have a bond to be licensed.

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