ALJDEC decisions subject to certification as final

2021A-01066-OMC-LS-ROC · Registrar of Contractors · 2021-06-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Arizona Registrar of Contractors,

COMPLAINANT

Fordel Custom Homes LLC, License No. ROC 330072,

RESPONDENT

No. 2021A-01066-OMC-LS-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 9, 2021

APPEARANCES: Assistant Attorney General John Tellier appeared via Google Meet on behalf of the Arizona Registrar of Contractors. Respondent Anthony Kurth appeared via Google Meet on behalf of Fordel Custom Homes LLC.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

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findings of fact

1. Respondent Fordel Custom Homes LLC (FCH) holds license number 330072 issued by the Arizona Registrar of Contractors (Registrar).

2. On or about March 29, 2021, the Registrar issued a Citation and Complaint to Respondent for possible violation under A.R.S. § 32-1154(A)(20).

3. On August 4, 2020, the Registrar issued License No. 330072 to FCH. Anthony Kurth is named as an officer, member, 100% owner and qualifying party on the license.

4. On May 9, 2013, the Registrar issued License No. 284258 to Fordel Development, LLC. Anthony Joseph Kurth is named as a Member, 100% owner and qualifying party on License No. 284258.

5. On October 23, 2020, the Registrar suspended License No. 284258 according to a Final Administrative Decision and Order (Default) issued on October 16, 2020, in Case No. 2020-04127, until Respondent pays to Complainant $13,650.00.

6. On January 19, 2021, the Registrar suspended License No. 284258 according to a Final Administrative Decision and Order issued on December 9, 2020, in Case No. 2020-02862, until Respondent pays to Complainant $7,123.06.

7. Mr. Kurth was named on License No. 284258 at the time the acts and omissions occurred that resulted in the suspensions in the above cases.

8. The suspensions of License No. 284258 resulting from Case Nos. 2020-04127 and 2020-02862 have not been cleared.

9. Based upon the above the Registrar was seeking a suspension of FCH’s license until the suspensions of License No. 284258 have been cleared.

10. At the hearing, Mr. Kurth testified that he agreed with the allegations and was diligently working to resolve the two complaints mentioned above. To that end, Mr. Kurth testified that in Case No. 2020-02862, he entered into a repayment plan and believed that the matter was resolved. He further testified that he had hoped to enter into a similar agreement in Case No. 2020-04217, but was unsuccessful thus far.

11. Mr. Kurth stipulated on the record that he agreed that FCH’s license be suspended until Case Nos. 2020-04127 and 2020-02862 are satisfied according to the Registrar’s standards.

CONCLUSIONS OF LAW

“At a hearing on an agency action to suspend, revoke, terminate or modify on its own initiative material conditions of a license or permit, the agency has the burden of persuasion.” Ariz. Rev. Stat. section 41-1092.07(G)(2).

Ariz. Rev. Stat.. section 32-1154(A)(20) provides that

The 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:

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20. 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.

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.").

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).

The undisputed evidence in this matter established, and Mr. Kurth admitted, that Respondent violated Ariz. Rev. Stat. section 32-1154(A)(20).

Consequently, pursuant to the parties’ stipulation, Respondent’s license should be suspended until Case Nos. 2020-04127 and 2020-02862 under License No. 284258, are satisfied according to the Registrar’s standards.

ORDER

Based on the foregoing, it is recommended that the Registrar suspend Respondent’s License No. 330072 issued by the Registrar until the cases under License No. 284258 are satisfied.

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.

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-137160-45720000Done this day, June 15, 2021.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors-54864001

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-137160-45720000