ALJDEC

99F-L0204-ROC-COM · Registrar of Contractors · 2000-09-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 31, 2000, at 1:30 p.m. APPEARANCES: The Complainant appeared through its authorized representative, Paula Bauers. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

This matter came on for a Compliance Hearing to determine whether the Respondent has 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 Order on Compliance Hearing are made: FINDINGS OF FACT 1. The credible testimony and evidence of record established that the Respondent has failed to comply with the terms and conditions of the parties’ settlement agreement. 2. The Respondent’s Class B License is on suspended status. 3. The Respondent entered into a settlement agreement with the Complainant. The settlement agreement required the Respondent to make monthly payments on the debt owed to the Complainant for materials utilized on a residential construction project. 4. The Respondent has failed to pay the agreed upon monthly payments and, consequently, has failed to comply with the parties’ settlement agreement.

5. The Respondent owes the Complainant the sum of $7,086.88 for materials that the Respondent utilized in residential housing projects. 6. Credible evidence established that the Respondent’s 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 parties’ settlement agreement. On the contrary, credible evidence of record establishes that the Respondent has repeatedly failed to pay the Complainant despite repeated agreements to do so. CONCLUSIONS OF LAW 1. The credible evidence of record supported findings that the Respondent has not substantially complied with the terms and conditions of the parties’ settlement agreement. 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. 3. The credible evidence of record established violations, by the Respondent, of A.R.S. §§32-1154(A) (7) (Wrongful Act) and (11) (Failure to pay monies when due). RECOMMENDED ORDER on compliance hearing In view of the foregoing, it is recommended that the Respondent’s Class B License be revoked. Done this day, September 12, 2000.

________________________________ M. Douglas Administrative Law Judge

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

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

By _______________________________ -----------------------

Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488