Vacate

2019A-00588-CPA-ROC · Registrar of Contractors · 2019-06-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On the date and time set for hearing all parties appeared. The matter was delayed so the Office of Administrative Hearings could call, at the request of the Respondent, a translator to be present for the hearing [although none was previously requested]. During the lull, Assistant Attorney General Thomas Raine, Esq. acting on behalf of the Registrar informed the ALJ in the presence of the Respondent that the Registrar had determined to dismiss this case 2019A-00588-CPA-ROC. Mr. Raine explained that the brother of Narciso L. Gutierrez Lopez [Rey D. Gutierrez] was issued a cease and desist order and citation assessing a $2,500.00 civil penalty in case number 2018-05454 that arose out of the same conduct as was alleged against the Respondent in the instant case. Mr. Raine disclosed that Mr. Rey D. Gutierrez had not appealed his cease and desist order and citation assessing a $2,500.00 civil penalty and that 2018-05454 had been deemed defaulted by the Registrar. Moreover, Mr. Narciso L. Gutierrez disclosed that he had begun the process of making application with the Registrar to obtain a contractor’s license. Mr. Raines related that the civil penalty assessed against Rey D. Gutierrez in 2018-05454 satisfied the Registrar’s desire to both penalize the alleged conduct of both the Gutierrez brothers and also served as a reasonable deterrent against contracting and/or advertising contracting services without a license. Good cause appearing, NOW THEREFORE IT IS ORDERED vacating this matter from the calendars of the Office of Administrative Hearings. FURTHER IT IS ORDERED remanding this case to the Registrar for any further action it may deem reasonable and proper. Done this day, June 5, 2019.

/s/ Randolph D. Wolfson Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile June 5, 2019 to:

Thomas Raine Assistant Attorney General 2005 N. Central Ave. SGD/LES Phoenix, AZ 85004 [email redacted] Attorneys for the Arizona Registrar of Contractors

Narciso “Luis” Gutierrez Lopez 737 E Rowlands Ln Phoenix, AZ 85022 Respondent

Jeffrey Fleetham, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007

By c. serrano -----------------------

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