AMENDED RECOMMENDED DECISION AND ORDER ON COMPLIANCE HEARING

95F-T1183-ROC-COM · Registrar of Contractors · 1999-03-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|TONI M. GARRETT, |§|CASE NO.: t95-1183, | | |§|R98-0002, | |Complainant, |§|W98-0002, | | |§|X98-0002, | |-v- |§|Z98-0002 | | |§| | |License No.089524, Class B- of |§| | |ROSEL’S CONTRACTORS INC., |§|DOCKET NO.: 95F-T1183-ROC, | |Respondent, |§|98f-r0002-roc, | |________________________________ |§|98f-w0002-roc, | | |§|98f-x0002-roc, | |REGISTRAR OF CONTRACTORS |§|98f-Z0002-roc | |Complainant, |§| | | |§| | |-v- |§| | | |§| | |License No. 120864, Class B- of |§| | |ROSEL’S CONTRACOTORS, |§|AMENDED RECOMMENDED | |INC. (CORP.), |§|DECISION AND ORDER | | |§|ON COMPLIANCE HEARING | |License No. 120865, Class C-37R |§| | |of |§| | |ROSEL’S CONTRACTORS, INC. |§| | |(CORP.), |§| | | |§| | |License No. 120866, Class B-01 of|§| | | |§| | |ROSEL’S CONTRACTORS, |§| | |INC. (CORP.), |§| | | |§| | |License No. 120867, Class L-37 of|§| | | |§| | |ROSEL’S CONTRACTORS, INC. |§| | |(CORP.), | | | | | | | |Respondent. | | |

HEARING: February 17, 1999, at 8:30 a.m. APPEARANCES: The Complainant failed to appear. The Respondent failed to appear. The Registrar of Contractors appeared through Assistant Attorney General, Marjorie Becklund. ADMINISTRATIVE LAW JUDGE: M. Douglas

On February 17, 1999, these matters came on for a Compliance Hearing, pursuant to notice duly sent to all parties, to determine whether the Respondent has substantially complied with the terms and conditions of the previously entered Decision and Order of the Registrar of Contractors. The Complainant, Toni M. Garrett, failed to appear. The Respondent failed to appear. The Registrar of Contractors appeared though Assistant Attorney General, Marjorie Becklund. Based upon the entire record, the following Findings of Fact, Conclusions of Law and Amended Recommended Order on Compliance Hearing are made:

FINDINGS OF FACT

1. The prior Order of the Registrar of Contractors, which has become final in the absence of any timely appeal, provides for disciplinary action against the Respondent’s contractor’s Licenses unless the Respondent has properly complied with the terms and conditions of the parties’ settlement agreement adopted by the Registrar of Contractors in its prior Order.

2. The credible evidence of record established that the Respondent has failed to comply with the terms and conditions of the parties’ written settlement agreement and the prior Order of the Registrar of Contractors.

CONCLUSIONS OF LAW

1. The credible evidence of record supported findings that the Respondent has not complied with the terms and conditions of the parties’ written settlement agreement and the prior Order of the Registrar of Contractors.

AMENDED RECOMMENDED ORDER on compliance hearing

In view of the foregoing, it is recommended that both of the Respondent’s Class B- licenses (License No. 089524 and License No. 120864), and its Class C- 37R license (License No. 120865), and its Class B-01 license (License No. 120866), and its Class L-37 license (License No. 12087) all be revoked.

Dated this 5th day of March, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of March, 1999 to:

Michael P. Goldwater, Director Attn: Joyce Armijo Registrar of Contractors 800 W. Washington, 6th Floor Phoenix, AZ 85007

Transmitted by:

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