ALJDEC decisions subject to certification as final

2019A-00702-OMC-ROC · Registrar of Contractors · 2019-07-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 19, 2019, 9:00 A.M. APPEARANCES: Arizona Registrar of Contractors was represented by Assistant Attorney General Thomas Raine; Respondent Abukar Addo appeared on his own behalf ADMINISTRATIVE LAW JUDGE: Roger A. Geddes _____________________________________________________________________ FINDINGS OF FACT Background and Procedure 1. Respondent Abukar Abdullahi Addo, dba Rakuba Fire Protection, is the holder of license 237057 issued by the Registrar of Contractors (“Registrar”). 2. The Registrar seeks the suspension of Respondent’s license for the reasons set forth below and issued a Notice of Hearing that set a hearing for June 19, 2019, at 9:00 A.M. At the hearing, the Registrar presented the testimony of Chance Peterson, Assistant Chief Counsel; Respondent testified on his own behalf and presented the testimony of Mohamed Lazrag. The Tribunal received and admitted Registrar’s exhibit numbers 1 - 8.[1] 3. The Registrar issued a Citation to Respondent on March 26, 2019, charging Respondent with a violation of A.R.S. § 32-1154(A)(10). (Registrar’s Exhibit 4). 4. Respondent was the Qualifying Party of Appolo Fire Protection License No. 985887 with the California Contractors State License Board from August 6, 2013, through May 30, 2018. (Registrar’s Exhibit 8). 5. A Judgment by Default was entered against Respondent, Mohamed Lazrag, and Appolo Fire Protection on May 15, 2018, in the Superior Court of California, County of San Bernardino, in the amount of $75,755.15. (Registrar’s Exhibit 1). 6. On February 5, 2019, 17, Appolo Fire Protection License No. 985887 with the California Contractors State License Board was suspended due to the afore-mentioned Judgment. (Registrar’s Exhibit 3).

CONCLUSIONS OF LAW 1. This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq. 2. The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement and the standard of proof on all issues in these matters is by preponderance of the evidence. See Arizona Administrative Code Rule 2-19-119. 3. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960). A preponderance of the evidence is “[t]he 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 at p. 1220 (8th ed. 1999). 4. A.R.S. § 32-1154(a)(20) provides that a holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: Having a person named on the license who is or was named on any other license in this state or in another state that is under suspension or revocation for any act or omission that occurs while the person is or was named on the license unless the prior revocation was based solely on a violation of this paragraph.

5. The Registrar has met its burden to establish a violation of A.R.S. § 32-1154(a)(20) to warrant a suspension of Respondent’s license. Respondent was named on the Appolo Fire Protection License No. 985887 with the California Contractors State License Board that was under suspension for an act or omission that occurred while he was named on that license. The act or omission was the entering of the Judgment by Default against Appolo Fire Protection on May 15, 2018, in the Superior Court of California, County of San Bernardino. Respondent’s attempt to remove himself from association with Appolo Fire Protection License No. 985887 with the California Contractors State License Board on May 30, 2018, did not affect his status with the Registrar as still being named on a contractor’s license at the time of the act that caused the license suspension.

RECOMMENDED ORDER In view of the foregoing, it is recommended that on the effective date of the final order in this matter, that Respondent Abukar Abdullahi Addo, dba Rakuba Fire Protection, License Number 237057 is suspended until the Registrar receives and accepts written verification that License No. 985887 of Appolo Fire Protection with the California Contractors State License Board is no longer suspended and/or revoked. 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 will be five days from the date of that certification. Done this day, July 8, 2019. /s/ Roger Geddes Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors

----------------------- [1] The Tribunal also took administrative notice of the Registrar’s documents submitted to the Arizona Office of Administrative file.

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