ALJDEC

98F-2346-ROC-COM · Registrar of Contractors · 2000-01-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 25, 2000 APPEARANCES: Complainant was represented by its President, Larry Forsythe. Complainant’s Project Manager, Thomas Smith, was present. Respondent was represented by its owner, Mark Oclassen. Also present on behalf of Respondent, were Dave Thornton and Julian Sanders. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ Having heard the testimony of the witnesses and having read and considered the entire record in this matter, the undersigned Administrative Law Judge hereby makes the following Findings of Fact and Conclusions of Law and submits the following Recommended Decision to the Director of the Arizona Registrar of Contractors.

FINDINGS OF FACT On October 28, 1998, a hearing was held before Administrative Law Judge Schade, regarding a Citation and Complaint issued to Personalized Roofing by the Registrar of Contractors on July 14, 1998, alleging violations of A.R.S. ((32- 1154(A)(3), namely, Rule R4-9-108, Ariz. Admin. Code; 32-1154(A)(7) and 32- 1154(A)(23), based upon a complaint filed by Southwest Architectural Builders.

On November 2, 1998, Administrative Law Judge Schade issued a Recommended Order to the Director of the Registrar of Contractors, recommending in pertinent part: “ 1. Revoke Personalized Roofing’s License No. 119498, Class L- 42, unless and until the Registrar receives written notification that Personalized Roofing has completed, or has caused to be completed by other licensed roofing contractors, both in a good workmanlike manner and with public safety, not later than the effective date of the Registrar’s order of revocation, the following: (a). nailing and fastening according to the manufacturer’s specifications the roofing tiles on the three buildings, and, (b). replacing all missing, broken and cracked roofing tiles.”

On November 23, 1998, the Registrar adopted the above quoted recommendation, and further ordered, “[R]egarding the discipline ordered above, this Order is self-operative: Respondent must file with this agency written confirmation that Respondent has properly complied with the requirements of this Order on or before December 28, 1998.”

On December 21, 1999, the Registrar issued a Notice of Compliance Hearing to Southwest Architectural Builders and Personalized Roofing, setting a hearing on January 25, 2000 before the Office of Administrative Hearings.

The compliance hearing convened at 1:30 p.m. on January 25, 2000. The undersigned Administrative Law Judge took administrative notice of the documents in the case file, as well as the records of the Registrar of Contractors.

Pursuant to the official records of the Registrar of Contractors, Personalized Roofing’s License No. 119498, Class L-42, was revoked on December 30, 1998.

CONCLUSIONS OF LAW Based upon the facts and procedural history of this case, showing that Respondent’s license was revoked by the Registrar of Contractors on December 30, 1998, there appears to be no compliance issue to be determined at this time.

RECOMMENDED DECISION In light of the above, the undersigned Administrative Law Judge recommends to the Director of the Registrar of Contractors that the Notice of Compliance Hearing issued in this matter be dismissed. Done this day, January 26, 2000.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of January, 2000, to:

Michael P. Goldwater, Director Registrar of Contractors 800 West Washington, 6th Floor Phoenix, Arizona 85007 ATTN: Joyce Armijo

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826