ALJDEC

98F-2232-ROC · Registrar of Contractors · 1998-08-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 20, 1998 APPEARANCES: Anthony Silvestri on her own behalf; Keith R. Lalless, Esq. on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ PROCEDURAL BACKGROUND Respondent’ s counsel presented several pre-hearing motions as follows: Motion to Dismiss this matter for lack of jurisdiction, Motion to Dismiss allegations of violations of A.R.S. §§32-1154(A)(1) and (18). Complainant objected to these motions and the Administrative Law Judge took the motions under advisement. It is determined that the Administrative Law Judge need not rule on the motions, for the reasons more fully set forth below. FINDINGS OF FACT 1. On March 10, 1998, Complainant filed with the Registrar of Contractors his complaint against Turn Key Construction. 2. The Citation and Complaint and Notice of Hearing issued in this matter by the Registrar of Contractors involved the individual Class B license of Jim Wyman. 3. Administrative notice is taken of the Registrar of Contractors’ licensing records which revealed that Turn Key Construction L.L.C. (“Turn Key”) was issued a Class B license on December 22, 1997. Those records also show that Respondent was issued an individual Class B license September 29, 1980. 4. This case involves a complaint made by Complainant concerning the failure of Turn Key Construction, L.L.C. to make payments on certain promissory notes. Therefore, it appears that the party against whom the Citation and Complaint and Notice of Hearing should have been issued against is Turn Key and not Jim Wyman. 5. The above-mentioned situation became apparent when Complainant offered into evidence Promissory Notes showing the Payee as being Turn Key and the accompanying Deeds of Trust relating to those documents also show that the transactions involved Turn Key and not Jim Wyman as an individual. CONCLUSIONS OF LAW The Registrar of Contractors issued a Citation and Complaint and Notice of Hearing in this matter against Jim Wyman’s individual Class license rather than the Class B license of Turn Key. The hearing did not proceed as the Complainant did not file a complaint with the Registrar of Contractors against Jim Wyman and it appeared that the appropriate Respondent in this matter is Turn Key and not Jim Wyman. RECOMMENDED ORDER It is recommended that the Citation and Complaint issued in this matter against the Class B license of Jim Wyman dba Jim Wyman (indiv) be dismissed and the Registrar of Contractors take appropriate action with respect to Complainant’s complaint against Turn Key Construction, L.L.C. Done this day, August 31, 1998.

_________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1998, to:

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

ATTN: Joyce Armijo

By _______________________________

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