ALJDEC

99F-D0012-ROC · Registrar of Contractors · 1999-09-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 9, 1999 APPEARANCES: Bertram Polis, Esq. on behalf of Applicant; Assistant Attorney General Patti Shelton on behalf of the Registrar of Contractors ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT

1. Daniel Morales Robles (“Applicant”) filed an application with the Registrar of Contractors (“Application”) to hold a Class K-24 license. 2. In the Application, Applicant disclosed that he has previously been convicted of a felony. As part of the application process, Applicant completed a criminal records check information sheet disclosing that he was charged with conspiracy to possess marijuana, that he was convicted in 1995, and he received 33 months in federal prison with 5 years supervised probation. 3. On July 2, 1999, the Registrar of Contractors denied the Application finding that Applicant failed to establish good character and reputation as well as Applicant having been convicted of a felony. 4. On July 20, 1999, Applicant timely requested a hearing on the denial of the Application which resulted in the instant hearing. 5. During the hearing, Applicant submitted letters of character into evidence attempting to establish Applicant’s good character and reputation. Those letters were admitted into evidence but are given little weight because the individuals who authored the letters were not present at the hearing, the individuals could not be questioned by counsel for the Registrar of Contractors or the Administrative Law Judge, and could not have their credibility assessed. 6. Applicant testified he is remorseful of his actions underlying the above- mentioned criminal conviction and represented that, based on his experiences since his conviction, he would not risk performing such unlawful conduct in the future. 7. Applicant testified that, while in federal prison, his father and brother, under separate circumstances, passed away. Due to his incarceration, he was unable to attend their funerals. This, plus the fact that while in prison he had no support, caused him to become introspective and more spiritual. 8. While in prison, Applicant was one of three mechanics for Unicor, a corporation engaged in the manufacturing of items specifically for use by the federal government. 9. Applicant is currently engaged in the manufacture of wrought iron items such as furniture, fences, security doors, and window bars. Applicant hopes to be able to install such items in commercial and residential structures if the Application is approved. 10. The Registrar of Contractors maintains that based on the above- mentioned criminal conviction, Applicant lacks the good character and reputation to be licensed by the Registrar of Contractors. 11. Applicant presents compelling evidence that he is a different person than he was when he committed the acts underlying the above-mentioned criminal conviction. 12. The Administrative Law Judge takes note of Applicant’s sincerity in trying to understand the implications of his criminal offense evidence by his attendance of drug counseling and drug awareness classes. 13. Applicant visits his children on a regular basis and is ashamed of his criminal record. He served 28 months in federal prison and was released based on time already served. 14. Applicant is currently on probation. He reports in person to his probation officer twice a month and calls him twice a month to arrange for the appointments and maintain contact. 15. Applicant has previously owned and operated several automobile body shops and has years of experience as a welder. 16. The Administrative Law Judge observed Appellant as being credible and repentant. 17. Applicant establishes by a preponderance of the evidence that he maintains the requisite good character, reputation and qualifications required of a licensee of the Registrar of Contractors. CONCLUSIONS OF LAW The evidence of record establishes that Applicant has met his burden of proving that he possesses the requisite good character, reputation, and qualifications needed to hold a license issued by the Registrar of Contractors and that the denial of the Application should be reversed. RECOMMENDED ORDER Based on the above, it is recommended that the Registrar of Contractors’ decision to deny the Application be reversed and Applicant be issued a Class K-24 license upon the express conditions that he be placed on one year probation immediately upon issuance of the license as well as be required to post an additional bond in the amount of $1,500.00. Done this day, September 15, 1999

______________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1999, to:

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

ATTN: Joyce Armijo

By ___________________________

-----------------------

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