ALJDEC

99F-R0027-ROC · Registrar of Contractors · 1999-02-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 9, 1999 APPEARANCES: Montgomery Lee, Assistant Attorney General on behalf of the State Michael L. Rubin, Attorney at Law, on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________

Findings Of Fact Prior to the presentation of any evidence in this case, the parties entered into a Consent Agreement whereby the Respondent admitted to a technical violation of A.R.S. §32-1154(A)(21) and the State would not pursue any disciplinary sanctions against the Respondent. The factual basis for the violation is that Larry Doyle Murphree appears as the Qualifying Party on Class B License No. 108040 of J. Murphree Builders, Inc. which license was issued by the Registrar of Contractors (Registrar) on July 6, 1995. Larry Doyle Murphree was also the Qualifying Party on the Class B License No. 092826 of Murphree and Associates, which license was revoked by the Registrar on July 10, 1998, in Case No. F97-0347. As part of the agreement, the Respondent also agreed that Larry Doyle Murphree shall disassociate himself from, and divest himself of any ownership interest in J. Murphree Builders, Inc., and shall not be employed by, or have any future interest in the Respondent, J. Murphree Builders, Inc. Conclusions Of Law A.R.S. §32-1154(A)(21) provides that it is a violation to have a person named on a license which person was also named on a license which is suspended or revoked and that the Registrar may impose sanctions for such a violation. The stipulated facts support the Consent Agreement entered into between the parties. Recommended Order In view of the foregoing, it is recommended that the Respondent be found in violation of A.R.S. §32-1154(A)(21) as alleged in the Citation and Complaint; It is further recommended that commencing the effective date of the Order entered in this matter or such other date as deemed appropriate by the Registrar of Contractors, that the Respondent shall have disassociated itself from Larry Doyle Murphree in accordance with the Consent Agreement entered into between the parties, the essential elements of which are set forth in the Findings of Fact, paragraph three above. Order In view of the foregoing, It Is Ordered that the hearing of this matter is vacated from the docket of the Office of Administrative Hearings.

Done this day, February 10, 1999.

_______________________________ ALLEN REED Administrative Law Judge

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

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

By ___________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826