ALJDEC

98F-H0187-ROC-COM · Registrar of Contractors · 1999-09-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|HARRY R. COLLINS, |§| | | |§|CASE NOS.: H98-0187 | |Complainant, |§|H98-0228 | | |§| | |-v- |§|DOCKET NO.: 98F-H0187-ROC | | |§|98F-H0228-ROC | |License No.076204, Class B-, |§| | |Issued to: Danny Ray Palmer d.b.a.|§| | |PALMER INVESTMENTS AND |§|RECOMMENDED | |CONSTRUCTION COMPANY (INDIV., |§|DECISION AND ORDERS | | |§|ON COMPLIANCE HEARING | |Respondent, |§| | | |§| | |and |§| | |PALMER INVESTMENTS, |§| | | |§| | |Complainant, |§| | | |§| | |-v- |§| | | |§| | |License No.090998, Class C-42, |§| | |Issued to: David Arthur Linfor |§| | |d.b.a. |§| | |D A Linfor Roofing |§| | | |§| | |Respondent. | | |

HEARING: August 25, 1999, at 8:30 a.m. APPEARANCES: Complainant, Harry Collins, appeared on his own behalf. Complainant/Respondent Danny Palmer d.b.a. PALMER INVESTMENTS AND CONSTRUCTION COMPANY appeared on his own behalf. Respondent David Linfor d.b.a. D A LINFOR ROOFING appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

On August 25, 1999, these matters came on for a consolidated Compliance Hearing to determine whether the Respondents have substantially complied with the terms and conditions of the previously entered Decision and Order of the Registrar of Contractors. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Orders on Compliance Hearing are made:

FINDINGS OF FACT

1. The prior Orders of the Registrar of Contractors, which have become final in the absence of any timely appeal, accepted the parties’ settlement agreement which was presented at hearing.

2. The parties’ settlement agreement provided that both of the named Respondents were to perform designated corrective action on the Collins residence, with all agreed upon corrective work to be completed no later than June 15, 1999.

3. The credible evidence of record established that the Respondents have failed to comply with the terms and conditions of their settlement agreement and that they have failed to comply with the terms and conditions of the prior Orders of the Registrar of Contractors.

4. Credible evidence established that the Respondents’ actions over a prolonged period of time are not indicative of a good faith desire to resolve this matter by complying with the terms and conditions of the prior Order of the Registrar of Contractors. On the contrary, credible evidence of record establishes that the Respondents have repeatedly failed to properly accomplish compliance with the terms and conditions of the prior Orders and that the Respondents efforts appear to have been directed to delay and excuse, rather than to achieve, compliance with the prior Orders of the Registrar of Contractors.

5. Notice is taken of the prior license records of both of the Respondents.

6. The Class C-42 License of David Arthur Linfor was revoked on June 7, 1999.

CONCLUSIONS OF LAW

1. The credible evidence of record supported findings that neither Complainant/Respondent Danny Ray Palmer d.b.a. PALMER INVESTMENTS AND CONSTRUCTION COMPANY INDIVIDUAL nor Respondent David Arthur Linfor d.b.a. D A LINFOR ROOFING (Indiv.) have substantially complied with the terms and conditions of the prior Order of the Registrar of Contractors.

2. A licensed contractor is not entitled to an unlimited period of time or an endless succession of opportunities to comply with specified conditions which reduce, eliminate, or terminate, disciplinary action against the Contractor’s License.

RECOMMENDED ORDERs on compliance hearing

1. In view of the foregoing, it is recommended that the Class B- License (No. 076204) of Danny Ray Palmer d.b.a. Palmer Investments and Construction Company (Indiv.) be revoked.

2. In view of the foregoing, it is recommended that the Class C-42 License (No. 090998) of David Arthur Linfor d.b.a. D A LINFOR ROOFING (Indiv.) be revoked.

Dated this 3rd day of September, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Administrative Law Judge M. Douglas

Original mailed this day of September, 1999, to:

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

Transmitted by:

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