ALJDEC decisions subject to certification as final
2017A-1642-CPA-ROC-rhg · Registrar of Contractors · 2017-10-23
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Registrar of Contractors
COMPLAINANT
-v-
Tiffanie Ann Murray
.
RESPONDENT
No. 2017A-1642-CPA-ROC-rhg
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: October 3, 2017
APPEARANCES: Respondent Tiffanie Ann Murray did not appear.
Assistant Attorney General Thomas Raine appeared on behalf of the Registrar of Contractors.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________ FINDINGS OF FACT
1. On August 11, 2017, the Registrar of Contractors, (hereinafter “Registrar”), issued a Notice of Hearing on Citation and Civil Penalty setting the above-captioned matter for hearing on October 3, 2017, at 8:30 a.m., at the Office of Administrative Hearings in Phoenix, Arizona.
2. The Notice of Hearing shows that the hearing was to address the charges in the Citation issued and the assessment of a civil penalty.
3. Respondent Tiffanie Ann Murray did not appear at 8:30 a.m. on October 3, 2017. Ms. Murray did not request to appear telephonically. Although the start of
the duly noticed hearing was delayed twenty to allow Ms. Murray additional travel time, Ms. Murray did not appear, through an authorized member, employee, or attorney, and did not contact OAH to request that the start of the hearing be further delayed. Consequently, Ms. Murray did not present any evidence in this matter.
4. The hearing in the above entitled matter was set as a rehearing of
Case No. 2017A-1642-CPA-ROC, held on June 22, 2017. At the commencement of the rehearing on October 3, 2017, Assistant Attorney General Thomas Raine requested that the Administrative Law Judge take administrative notice of the exhibits admitted and the testimony provided in Case No. 2017A-1642-CPA-ROC. The Administrative Law Judge granted the Registrar’s request. The exhibits admitted and the testimony provided in case No. 2017A-1642-CPA-ROC are adopted into the record for the above entitled matter (2017A-1642-CPA-ROC-rhg).
5. Desert Rock Building & Remodeling’s current Registrar license number is 272425.
6. Ms. Murray is not associated with the current Registrar license for Desert Rock Building and Remodeling.
7. On March 27, 2017, the Registrar issued a Cease and Desist Order to unlicensed respondent Tiffanie Ann Murray DBA Your Coating Guys. The March 27, 2017 Cease and Desist Order states, “The Registrar has reasonable cause to believe that you are acting as an unlicensed contractor in violation of A.R.S. § 32-1151 and/or A.R.S. § 32-1165. As authorized by A.R.S. § 32-1166, the Registrar orders you to immediately cease and desist all unlicensed contracting and advertising in the State of Arizona.”
8. On April 7, 2017, Ms. Murray was listed as the “Registrant Name” of a website with a domain name “YOURCOATINGSGUYS.COM.” The website advertised construction services of Your Coating Guys. However, the website did not disclose, “Not a Licensed Contractor.” The website also contained the language, “Your Coatings Guys is a Division of Desert Rock Building and Remodeling AZ ROC 272425.”
9. On March 27, 2017, the Registrar issued a Cease and Desist Order to unlicensed respondent Tiffanie Ann Murray DBA Polished Concrete of AZ. The March 27, 2017 Cease and Desist Order states, “The Registrar has reasonable cause to believe that you are acting as an unlicensed contractor in violation of A.R.S. § 32-1151 and/or A.R.S. § 32-1165. As authorized by A.R.S. § 32-1166, the Registrar orders you to immediately cease and desist all unlicensed contracting and advertising in the State of Arizona.”
10. On April 7, 2017, Ms. Murray was listed as the “Registrant Name” of a website with a domain name “POLISHEDCONCRETEOFAZ.COM.” The website advertised construction services of Polished Concrete of AZ. However, the website did not disclose, “Not a Licensed Contractor.” The website also contained the language,
“ ‘POLISHED CONCRETE OF AZ’ IS A DIVISION OF DESERT ROCK BUILDING AND REMODELING AZ ROC 272425.”
11. On March 27, 2017, the Registrar issued a Cease and Desist Order to unlicensed respondent Tiffanie Ann Murray DBA Mother In Law Suites. The March 27, 2017 Cease and Desist Order states, “The Registrar has reasonable cause to believe that you are acting as an unlicensed contractor in violation of A.R.S. § 32-1151 and/or A.R.S. § 32-1165. As authorized by A.R.S. § 32-1166, the Registrar orders you to immediately cease and desist all unlicensed contracting and advertising in the State of Arizona.”
12. On April 7, 2017, Ms. Murray was listed as the “Registrant Name” of a website with a domain name “MOTHERINLAWSUITES.COM.” The website advertised construction services of Mother-In-Law Suites. However, the website did not disclose, “Not a Licensed Contractor.” The website also contained the language, “AZ ROC 272425.”
13. On March 27, 2017, the Registrar issued a Cease and Desist Order to unlicensed respondent Tiffanie Ann Murray DBA Decorative Concrete Coatings of Arizona. The March 27, 2017 Cease and Desist Order states, “The Registrar has reasonable cause to believe that you are acting as an unlicensed contractor in violation of A.R.S. § 32-1151 and/or A.R.S. § 32-1165. As authorized by A.R.S. § 32-1166, the Registrar orders you to immediately cease and desist all unlicensed contracting and advertising in the State of Arizona.”
14. On April 7, 2017, Ms. Murray was listed as the “Registrant Name” of a website with a domain name “DECORATIVECONCRETECOATINGSOFAZ.COM.” The website advertised construction services. However, the website did not disclose, “Not a Licensed Contractor.” The website also contained the language, “Decorative Concrete Coatings is a Division of Desert Rock Building and Remodeling AZ ROC 272425.”
15. On March 27, 2017, the Registrar issued a Cease and Desist Order to unlicensed respondent Tiffanie Ann Murray DBA Acid Stain of AZ. The March 27, 2017 Cease and Desist Order states, “The Registrar has reasonable cause to believe that you are acting as an unlicensed contractor in violation of A.R.S. § 32-1151 and/or A.R.S. § 32-1165. As authorized by A.R.S. § 32-1166, the Registrar orders you to immediately cease and desist all unlicensed contracting and advertising in the State of Arizona.”
16. On April 7, 2017, Ms. Murray was listed as the “Registrant Name” of a website with a domain name “ACIDSTAINOFAZ.COM.” The website advertised construction services. However, the website did not disclose, “Not a Licensed Contractor.” The website also contained the language, “ ‘Acid Stain of AZ’ Is a division of Desert Rock Building and remodeling Az Roc 272425.”
17. On March 27, 2017, the Registrar issued a Cease and Desist Order to unlicensed respondent Tiffanie Ann Murray DBA Southwest Pavestone. The March 27, 2017 Cease and Desist Order states, “The Registrar has reasonable cause to believe that you are acting as an unlicensed contractor in violation of A.R.S. § 32-1151 and/or A.R.S. § 32-1165. As authorized by A.R.S. § 32-1166, the Registrar orders you to immediately cease and desist all unlicensed contracting and advertising in the State of Arizona.”
18. On April 7, 2017, Ms. Murray was listed as the “Registrant Name” of a website with a domain name “SOUTHWESTPAVESTONE.COM.” The website advertised construction services. However, the website did not disclose, “Not a Licensed Contractor.” The website also contained the language, “Your Coatings Guys is a Division of Desert Rock Building and Remodeling AZ ROC 272425.”
19. On March 27, 2017, the Registrar issued a Cease and Desist Order to unlicensed respondent Tiffanie Ann Murray DBA Decorative Concrete of Scottsdale. The March 27, 2017 Cease and Desist Order states, “The Registrar has reasonable cause to believe that you are acting as an unlicensed contractor in violation of A.R.S. § 32-1151 and/or A.R.S. § 32-1165. As authorized by A.R.S. § 32-1166, the Registrar orders you to immediately cease and desist all unlicensed contracting and advertising in the State of Arizona.”
20. On April 7, 2017, Ms. Murray was listed as the “Registrant Name” of a website with a domain name “DECORATIVECONCRETEOFSCOTTSDALE.COM.” The website advertised construction services. However, the website did not disclose, “Not a Licensed Contractor.” The website also contained the language, “ ‘Decorative Concrete of Scottsdale’ is a Division of Desert Rock Building and Remodeling AZ ROC 272425.”
21. On March 27, 2017, the Registrar issued a Cease and Desist Order to unlicensed respondent Tiffanie Ann Murray DBA Cool Concrete Coatings. The March 27, 2017 Cease and Desist Order states, “The Registrar has reasonable cause to believe that you are acting as an unlicensed contractor in violation of A.R.S. § 32-1151 and/or A.R.S. § 32-1165. As authorized by A.R.S. § 32-1166, the Registrar orders you to immediately cease and desist all unlicensed contracting and advertising in the State of Arizona.”
22. On April 7, 2017, Ms. Murray was listed as the “Registrant Name” of a website with a domain name “COOLCONCRETECOATINGS.COM.” The website advertised construction services. However, the website did not disclose, “Not a Licensed Contractor.” The website also contained the language, “ ‘Cool Concrete Coatings’ is a Division of Desert Rock Building and Remodeling AZ ROC 272425.”
23. On March 27, 2017, the Registrar issued a Cease and Desist Order to unlicensed respondent Tiffanie Ann Murray. The March 27, 2017 Cease and Desist Order states, “The Registrar has reasonable cause to believe that you are acting as an unlicensed contractor in violation of A.R.S. § 32-1151 and/or A.R.S. § 32-1165. As authorized by A.R.S. § 32-1166, the Registrar orders you to immediately cease and desist all unlicensed contracting and advertising in the State of Arizona.”
24. On April 7, 2017, Ms. Murray was listed as the “Registrant Name” of a website with a domain name “CONCRETECONTRACTORAZ.COM.” The website advertised construction services. However, the website did not disclose, “Not a Licensed Contractor.” The website also contained the language, “ ‘Concrete Contractors Az’ is a Division of Desert Rock Building & remodeling Az Roc 272425.”
25. On March 30, 2017, Ms. Murray received all of the March 27, 2017 Cease and Desist Orders by certified mail.
26. However, Ms. Murray continued to advertise construction services for ten of the websites listed above.
CONCLUSIONS OF LAW
The Registrar bears the burden persuasion. Ariz. Rev. Stat. § 41-1092.07(G)(3).
The party asserting a claim, right, or entitlement has the burden of proof; a party asserting an affirmative defense has the burden of establishing the affirmative defense. Ariz. Admin. Code § R2-19-119(B).
The standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119(A).
A preponderance of the evidence is:
The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.
Black’s Law Dictionary 1373 (10th ed. 2014).
Statutes should be interpreted to provide a fair and sensible result. Gutierrez v. Industrial Commission of Arizona, 226 Ariz. 395, 249 P.3d 1095 (2011)(citation omitted); State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968) ("Courts will not place an absurd and unreasonable construction on statutes.").
“Statutes shall be liberally construed to effect their objects and to promote justice.” Ariz. Rev. Stat. § 1-211(B).
The purpose of the Registrar’s licensing statutes is to protect the public from unscrupulous, unqualified, and financially irresponsible contractors. See Aesthetic Property Maintenance v. Capital Indem. Corp., 183 Ariz. 74, 900 P. 2d 1210 (1995).
Ariz. Rev. Stat section 32-1165 provides that:
Except as authorized by section 32-1121, subsection A, paragraph 14, subdivision (c), it is a class 1 misdemeanor for any person to advertise that he is able to perform any service or contract for compensation subject to regulation by the registrar under the terms of this chapter unless a license under the terms of this chapter is first obtained regardless of whether his operations as a contractor are otherwise exempt.
9. The preponderance of the evidence shows that Ms. Murray advertised construction services without a license. Ariz. Rev. Stat. § 32-1151.
ORDER
IT IS ORDERED that the March 27, 2017 Cease and Desist Orders are upheld.
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, October 23, 2017.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors