ALJDEC

99F-R0013-ROC · Registrar of Contractors · 1998-10-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | |In the matter of the |§|CASE NO.: r99-0013 | |application of: |§|X99-0013 | | |§| | |Juan m. escalante d.b.a. |§|DOCKET NO.: 99F-R0013-ROC | |ameri rooter plumbing, |§|99F-X0013-ROC | | |§| | | |§|RECOMMENDED | |Pending Licenses |§|DECISION AND ORDER | |137632, Class L-37, |§| | |137631, Class C-37R, |§| | | |§| | | |§| | | |§| |

HEARING: October 15, 1998, at 1:30 p.m. APPEARANCES: The Applicant appeared on his own behalf. The Registrar of Contractors appeared through Assistant Attorney General, Kathryn Winters. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on October 15, 1998. The Applicant appeared on his own behalf and the Registrar of Contractors appeared through Assistant Attorney General, Kathryn Winters. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order on are made:

FINDINGS OF FACT

1. The Applicant is seeking the issuance of a Class L-37 and a Class C-37R License in his individual capacity and as qualifying party for the performance of residential and commercial plumbing. The Registrar of Contractors, after a review thereof, denied the pending applications based upon the following conclusions:

b) Owner and Qualifying Party, Juan Miguel Escalante, has failed to establish good character and reputation.

c) Owner and Qualifying Party, Juan Miguel Escalante, has been convicted of a felony.

4. There was no dispute that the Applicant has been convicted of the following felonies:

e) One felony count of Possession to Distribute Schedule One Controlled Substances (Marijuana).

f) One felony count of Conspiracy to Import Schedule One Controlled Substances (Marijuana).

g) One felony count of Conspiracy or Attempt to Distribute Schedule One Controlled Substances (Marijuana).

h) Thirteen felony counts of Use of Communication Facilities to Commit a Felony.

9. There was no dispute that the Applicant served approximately 108 months in various federal prisons and that the Applicant has been on supervised probation for, approximately, the last sixteen months.

10. Credible evidence established that the Applicant has not yet re- established his good character and reputation.

11. The Applicant is to be commended for his performance on probation and is encouraged to maintain his same cooperative attitude.

12. The credible evidence of record established that the Registrar of Contractors prior action in denying the Applicant’s License applications was justified and reasonable under the circumstances of this matter.

CONCLUSIONS OF LAW

1. The Registrar of Contractors has the discretion to determine the propriety of the issuance of any contractors’ license after a full and complete consideration and evaluation of all the submitted evidence as the character, reputation and abilities of an applicant.

2. The credible evidence of record supported findings that the Applicant has not yet satisfied the good character requirements set forth in A.R.S. Section 32-1122(D).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Applicant’s pending Class L-37 and C-37R License applications be denied.

Dated this 26th day of October, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of October, 1998, to:

Registrar of Contractors Attn: Joyce Armijo 800 W. Washington, 6th Floor Phoenix, AZ 85007

Transmitted by:

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