ALJDEC

98F-R0018-ROC · Registrar of Contractors · 1998-05-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 7, 1998

APPEARANCES: Assistant Attorney General Montgomery Lee on behalf of the Registrar of Contractors; Respondent did not appear at the hearing

ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT 1. Homes by Andre (“Respondent”) currently holds License Number 122978

( “License Number 122978”), a Class B license, issued by the Registrar of Contractors of the State of Arizona on May 5, 1997. 2. Tony Fahd Taouil (“Mr. Taouil”) appears on License Number 122978 as the Qualifying Party and Owner of the Respondent on that license. 3. Exterior Decor Home Improvement Specialists (“Exterior”) held License Number 106808, a Class C-61 license (“License Number 106808”) issued by the Registrar of Contractors of the State of Arizona on April 12, 1995. 4. Mr. Taouil appears as the Qualifying Party and owner of Exterior on License Number 106808. 5. On December 1, 1997, the Registrar of Contractors issued an Order in Case Number 97-2130 wherein License Number 106808 was revoked.

6. Respondent has a person listed on License Number 122978, namely, Mr. Taouil, who is listed on another license, License Number 1066808, which is revoked. 7. Administrative Notice is taken of the Registrar of Contractor’s licensing records which shows that on April 10, 1998, the Registrar of Contractors revoked License Number 122978. 8. Respondent did not present any evidence to rebut or refute the evidence presented by the Registrar of Contractors that is set forth above. CONCLUSIONS OF LAW The evidence of record established that the Director of the Registrar of Contractors is empowered to take disciplinary action against the Respondent pursuant to A.R.S. §32-1154(A)(21) because Respondent has a person listed on its license who is listed on a license that is revoked. Further, A.R.S. §32- 1154(C) provides the Registrar of Contractors with the authority to take disciplinary action against a license that has been previously revoked, thus allowing for multiple revocations of a license . RECOMMENDED ORDER Based on the above, it is recommended that Respondent’s Class B license, License Number 122978, be revoked on the effective date of the Order entered in this matter by the Director of the Registrar of Contractors. Done this day, May 21, 1998.

______________________________________ Lewis D. Kowal Administrative Law Judge

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

Mr. 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