ALJDEC decisions subject to certification as final

2016A-4454-CHC-ROC · Registrar of Contractors · 2017-05-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

City of Somerton,

COMPLAINANT,

v.

Stephen Elliott Henry

DBA: Arizona Blue Line Construction,

License No: 242818, 242819,

RESPONDENT.

No. 2016A-4454-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

Respondent filed a Motion to Dismiss taking the position that the City of Somerton does not meet the requirements of Ariz. Rev. Stat. section 32-1154(B). The City filed response in which it acknowledged that it was neither the owner of a construction project, nor a party to a contract with Respondent. The City asserted however that it is a person who has suffered a material loss as a result of Respondent’s alleged work. Respondent filed a reply asserting that the City is not a “person” as defined by Ariz. Rev. Stat. section 32-1101(6).

The City is not a person as defined in Ariz. Rev. Stat. section 32-1101(6) and does not otherwise meet the requirements of Ariz. Rev. Stat. section 32-1154(B). Consequently, it is appropriate to grant Respondent’s Motion to Dismiss. Ariz. Admin. Code § R2-19-111(4).

IT IS ORDERED that Respondent’s Motion to Dismiss this matter is granted;

IT IS FURTHER ORDERED vacating this matter and remanding it to the Registrar of Contractors.

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 is forty days after the date of that certification.

Done this day, May 8, 2017

/s/ Thomas Shedden

Thomas Shedden

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors