ALJDEC

97F-R0118-ROC-RHG · Registrar of Contractors · 1998-02-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above-entitled matter came on for rehearing on February 6, 1998 pursuant to advance written notice duly sent to all parties. The Registrar of Contractors was represented by Assistant Attorney General, Montgomery Lee, and the Respondent failed to appear. Evidence was presented, and based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order on Rehearing are made.

FINDINGS OF FACT

1. Despite the scheduling of the instant rehearing following Respondent's express petition therefor, pursuant to the Registrar's granting of such petition against the specific recommendation by the undersigned Administrative Law Judge, the Respondent once again failed to appear at or to participate in the scheduled rehearing.

2. The uncontroverted evidence presented on behalf of the Registrar of Contractors revealed that Respondent, R. V. Plastering, a sole proprietorship entity, is the holder of License Number 119802, Class C-36, issued by the Registrar on December 16, 1996.

3. It appears from agency records that Ramiro Valenzuela is listed on Respondent's license as its owner and qualifying party.

4. The aforesaid Ramiro Valenzuela, who is listed on Respondent's license, was shown to be the same individual who had served as the sole owner and qualifying party on License Number 090733, Class C-36, issued on August 16, 1991 to a prior proprietorship entity having the same name, R. V. Plastering (herein called "R. V.-One").

5. It further appeared that the above-described contractor's license held by R. V.-One was revoked by final Order of the Registrar of Contractors effective on January 14, 1997 as a result of disciplinary proceedings in Case Number M96-1503, entitled "Fontes vs. R. V. Plastering" (referring to R. V.-One) .

6. Based upon the avowal of counsel for the Registrar, neither the case file of the prior disciplinary proceedings nor any other agency records appear to contain an indication that the corrective conditions necessary for avoiding any license revocation as set forth in the previously entered and now final administrative Order in Case Number M96-1503 had been satisfied by or on behalf of Mr. Valenzuela. Nor was there any indication in any of the agency records or of this case record that Respondent had timely paid the imposed civil penalty to the agency which was set forth as an alternative condition in the prior Order to be satisfied in order to avoid the license revocation.

7. By its failure to attend and participate in the scheduled rehearing, Respondent presented no evidence in defense or in mitigation of the charged contracting law violations. Moreover, such repeated default in hearing appearances by Respondent, especially when this proceeding was set at his request, may properly be considered as an additional matter in aggravation of any penalty to be imposed hereunder.

CONCLUSIONS OF LAW

1. The Registrar is authorized and empowered pursuant to the provisions of A.R.S. §32-1154A(21) to impose discipline upon a license on which one or more of its listed principals had previously served as a "person" as defined in A.R.S. 32-1101A(3) for another contracting entity whose license has been revoked or suspended for cause as a result of prior disciplinary proceedings before the Registrar.

2. The undisputed evidence of record at the rehearing adequately established a basis for the imposition of discipline by the Registrar of Contractors against the license of Respondent, since Ramiro Valenzuela is the same individual who had been listed on a contracting license that was previously revoked by the agency.

RECOMMENDED ORDER ON REHEARING

In view of the foregoing, it is recommended on rehearing that the Class C-36 license number 119802 of Respondent, Ramiro Valenzuela, doing business as R. V. Plastering, be revoked on the effective date of this Order (thirty-five [35] days after the date of mailing by the Registrar).

Dated: February 10, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Mr. Michael P. Goldwater, Director Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826