ALJDEC - Licensing
2024A-12343-OMC-LS-ROC · Registrar of Contractors · 2025-03-03
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Arizona Registrar of Contractors
COMPLAINANT,
v.
Gulbranson Excavating West, Inc.
License No. ROC 093334
RESPONDENT.
No. 2024A-12343-OMC-LS-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: February 11, 2025
APPEARANCES: Shane Peterson appeared on behalf of Gulbranson Excavating West Inc. (hereinafter “Respondent”). Assistant Attorney General Mona Baskin appeared on behalf of the Arizona Registrar of Contractor (hereinafter “ROC” and “Registrar”).
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
EXHIBITS ADMITTED INTO EVIDENCE: The Registrar’s Exhibits 1 through 5.
_____________________________________________________________________
FINDINGS OF FACT
1. On December 31, 2024, the Registrar issued a Citation and Notice of Hearing For Termination of Qualifying Party Exemption (Citation) setting the above-entitled matter for hearing on February 11, 2025.
2. The Citation provided that a hearing had been set to allow Respondent to, “show why it should not be required to obtain a qualifying party pursuant to Arizona Revised Statutes (A.R.S.) § 32-1125 (E).”
3. A hearing was held on February 11, 2025.
4. At hearing, the Registrar’s Assistant General Counsel Margaret Lindsey testified on behalf of the Registrar. Shane Peterson testified on behalf of Respondent.
5. On July 24, 2002, the Registrar granted an application for Qualifying Party Exemption under A.R.S. § 32-1125(C) to License No. ROC 093334.
6. On October 19, 2022, License No. 093334 was suspended in case number 2022-07759 for a violation of A.R.S. § 32-1154.
7. Respondent’s license was suspended until it provided proof that it had paid the Complainant $19,174.68.
8. Respondent’s License No. 093334 was suspended from October 19, 2022 through December 12, 2024.
9. At hearing, Mr. Peterson did not dispute the Registrar’s allegations.
Mr. Peterson asked for forgiveness.
CONCLUSIONS OF LAW
1. The Registrar bears the burden of proof to establish Respondent’s violations of A.R.S. § 32-1125(E) and A.R.S. § 32-1154 by a preponderance of the evidence.
2. A.R.S. § 32-1125(E) provides:
A licensee that is exempt from the requirement for a qualifying party pursuant to subsection C of this section may be required by the registrar after a hearing to obtain a qualifying party within sixty days on a finding that:
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(2) a violation of section 32-1154 has occurred.
3. The undisputed evidence presented at hearing shows that
Respondent, a licensee that is exempt from the requirement for a qualifying party pursuant to A.R.S. § 32-1154 (C), had violated A.R.S. § 32-1154.
4. Respondent has failed to establish that it should not be required to obtain a qualifying party pursuant to A.R.S. § 32-1125(E).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that the Registrar’s December 31, 2024 Citation be affirmed. It is further recommended that Gulbranson Excavating West, Inc. be required to obtain a qualifying party within 60 days following the effective date of the Registrar’s final order.
Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.
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 forty (40) days from the date of that certification.
Done this day, March 3, 2025.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Charles S. Hover, III
Office of the Attorney General
[email redacted]
[email redacted]
Gulbranson Excavating West Inc.
[email redacted]
By: OAH Staff