FINACT2018A-3528-CPA-ROC.pdf

2018A-3528-CPA-ROC · Registrar of Contractors · 2019-03-21

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

IN THE MATTER OF THE CIVIL PENALTY Case No. 2018-3528 CITATION ISSUED TO: Docket No. 2018A-3528-CPA-ROC Alan Goldberg, FINAL ADMINISTRATIVE DECISION AND ORDER RESPONDENT

Under A.R.S. § 41-1092.08(B), the Registrar may review the administrative law judge’s written

decision and accept, modify, or reject it. If the Registrar accepts that decision, then the administrative

law judge’s decision constitutes the final administrative decision in the case. A.R.S. § 41-

1092.08(F)(1).

REGISTRAR’S ACCEPTANCE

In this case, a hearing was held, and the administrative law judge issued a written decision. See

Administrative Law Judge Decision, attached. The Registrar reviewed that decision and hereby accepts

it.

CONCLUSION

Because the Registrar has accepted the administrative law judge’s decision, that decision is the

final administrative decision in this case. Therefore, the $1000.00 civil penalty must be paid no later

than May 9, 2019. Payment must be mailed to:

Registrar of Contractors P.O. Box 6748 Phoenix, AZ 85505-6748

REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Dated March 15, 2019.

REGISTRAR OF CONTRACTORS

/s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal Department and Recovery Fund

Copy mailed via USPS First Class mail March 15, 2019 to: Respondent Alan Goldberg 688 Olive Ave Venice, CA 90291

AND copy electronically mailed this same date to:

Registrar’s Counsel John Tellier, Esq., Assistant Attorney General Office of Administrative Hearings Thomas Shedden, Administrative Law Judge

Case No. 2018-3528 / AN

REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 RECEIVED 2.25.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

IN THE MATTER OF THE CIVIL PENALTY No. 2018A-3528-CPA-ROC CITATION ISSUED TO: ADMINISTRATIVE LAW JUDGE DECISION Alan Goldberg,

RESPONDENT

HEARING: February 15, 2019 APPEARANCES: No one appeared for Respondent; John Tellier, Esq. for the Registrar of Contractors ADMINISTRATIVE LAW JUDGE: Thomas Shedden FINDINGS OF FACT 1. On October 2, 2018, the Registrar of Contractors (“ROC”) issued a NOTICE OF HEARING ON CITATION AND CIVIL PENALTY setting the above-captioned matter for hearing on November 8, 2018 at the Office of Administrative Hearings in Phoenix, Arizona. The matter was continued and the hearing was conducted on February 15, 2019. 2. The NOTICE OF HEARING shows that the hearing was to address the charges in the CITATION issued to Respondent Alan Goldberg and the assessment of a civil penalty against Mr. Goldberg. 3. On January 11, 2019, the Office of Administrative Hearings received from Mr. Goldberg a letter showing that he would be out of the country on February 15, 2019, that he was interested in reaching a “plea deal” so that he did not have to appear in person, and if no such deal could be reached he had “no problem” paying the fines. 4. Mr. Goldberg was not present at 9:00 a.m. February 15, 2019, and the matter was convened in his absence a few minutes later.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 2.25.2019 ROC LEGAL

5. ROC confirmed that it had received the letter from Mr. Goldberg showing that he would not be at the hearing, and explained that its attempts to reach Mr. Goldberg to discuss the matter had been unsuccessful.

6. ROC presented the testimony of Bob McQuien, one of its investigators.

7. On July 18, 2018, ROC received a “hotline” tip showing that Mr. Goldberg

was acting as an unlicensed contractor.

8. Mr. McQuien was assigned to investigate the matter.

9. Mr. McQuien located a Facebook page showing that Mr. Goldberg, acting

under the name Havasu Contractors, was advertising that it was Lake Havasu’s

premier construction and remodel contractor. That Facebook page included

photographs of construction projects that Mr. Goldberg/Havasu Contractors had

undertaken.

10. Neither Mr. Goldberg nor Havasu Contractors are licensed by the

Registrar.

11. Mr. Goldberg’s/Havasu Contractors’ Facebook page does not include a

disclaimer showing that they are unlicensed.

12. Mr. Goldberg, operating as Alan Goldberg Electric Contractors, holds California contractor’s license number 538830. 13. On August 22, 2018, ROC issued to Mr. Goldberg a CEASE AND DESIST ORDER requiring Mr. Goldberg to cease and desist all unlicensed contracting and advertising. Through that Cease and Desist Order, ROC also imposed against Mr. Goldberg a $1000 civil penalty for advertising without a license in violation of ARIZ. REV. STAT. section 32-1165. CONCLUSIONS OF LAW 1. ROC bears the burden persuasion. ARIZ. REV. STAT. § 41-1092.07(G)(3). 2. 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). 3. A preponderance of the evidence is: The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a RECEIVED 2.25.2019 ROC LEGAL

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).

4. The preponderance of the evidence shows that Mr. Goldberg violated ARIZ. REV. STAT. section 32-1165 by advertising to perform construction services at a time when he was not licensed to do so. 5. Because Mr. Goldberg has violated section 32-1165, he is subject to a civil penalty of up to $2500. ARIZ. REV. STAT. § 32-1166. 6. Considering the facts and circumstances of this matter, the requested civil penalty of $1000 is appropriate. ORDER IT IS ORDERED that on or before fifteen days after the effective date of the final order in this matter Alan Goldberg must pay to the Registrar of Contractors $1000.00 in certified funds. 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, February 22, 2019.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors

RECEIVED 2.25.2019 ROC LEGAL