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Arizona Registrar of Contractors

Legal Issues

FAQ

1. How long does a complaint stay on my record once the case is closed in the Legal Department?
   
   A complaint that comes to the Legal Department will stay on your record for two years from the date the Order is final or the date the case is actually closed.
2. Do you have to file an answer to the Citation and Complaint?
   
   YES, regardless of any prior oral or written responses you, the Respondent, may have made to the facts alleged, a timely answer must nevertheless be filed in writing following your receipt of the Citation and Complaint. A copy of your written answer must be mailed to the Complainant. You may, but do not have to, use the answer form enclosed.
3. How long do I have to answer the Citation and Complaint?
   
   You, the Respondent, are directed to file a written answer with Registrar of Contractors No Later Than TEN (10) Days after the Date that the Citation was mailed. Written answers sent by mail must be RECEIVED no later that 15 days after the date the citation was mailed.
4. What happens if the Respondent does not file an answer?
   
   If the Respondent does not file an answer then the Legal Department will prepare and issue what is called a default order, which becomes final 40 days from the date it was mailed to the parties and will impose discipline, suspension or revocation, on the license.
5. What happens after the answer is filed?
   
   The Legal Department staff will send a copy of the entire file along with a Request for Hearing form to the Office of Administrative Hearings (OAH). We will then wait for a hearing date to be assigned by OAH, at which time the form will be returned to the Registrar of Contractors Legal Department. The Legal staff will then prepare a Notice of Hearing and mail a copy to all parties.
6. How long will it take to get a hearing date?
   
   The assignment of the date, time and location of the hearing is strictly under the control of the Office of Administrative Hearings(OAH) and any requests to consolidate cases, change dates, times or locations must be directed to OAH.
7. What happens at a hearing?
   
   Visit the Office of Administrative Hearings(OAH) website.
8. Do I need an attorney?
   
   This is a matter of choice. You may, but are not required to be represented by an attorney. Corporations may be represented by an authorized employee.
9. Can you refer me to an attorney?
   
   No, all we can do is tell you to refer to the Yellow Pages, the State Bar of Arizona, the Lawyers Referral and the "Find a Specialist" resource.
10. How long do I have to wait for a final order after my hearing?
    
    The Administrative Law Judge must send the Registrar a Recommended Order within 20 days of the hearing and then the Registrar has 30 days to mail out the final Registrar's Order.
11. What is a default order?
    
    A default order is issued if an answer is not filed to the Citation and Complaint. This is an order that tells the Contractor/Respondent that he is guilty of the issues claimed in the complaint filed by the Complainant. Respondent is also told in the order that if he fails to comply with the order within the timeframe given his license will be disciplined. If the Respondent complies with the directive given in the order and he/she files a written notice of compliance then the case will be closed. There may also be other penalties imposed on the Respondent depending upon what is in the order. The Respondent and/or Complainant have 35 days from the date the order was mailed to petition for a rehearing or 40 days to appeal the decision to the Superior Court.
12. Why does a Contractor get so many chances?
    
    Due process. There are laws that the Registrar of Contractors must follow when imposing discipline on the contractor if that turns out to be the case. The Legislature makes these laws and they bind us for the benefit of both parties.
13. How long does a suspension stay in force?
    
    For as long as the Order instructs us, 7 days, 14 days, etc. An Order may also say that a contractor's license is suspended until the respondent complies with the Order. This means that the suspension stays in place until we have confirmation from the Complainant that the work has been completed. If the Complainant goes to the Recovery Fund for payout of monies, then the license will stay suspended until the Recovery Fund is repaid.
14. How can I get my license back if it is suspended?
    
    The Respondent must show that all loss caused by the act or omission for which the license was suspended has been fully satisfied. We must have written confirmation that the order which caused the suspension has been satisfied. Please refer to the provisions of A.R.S. §32-1161 with respect to the timing and requirements applicable to the issuance of any new contractor's license to the previous license holder or to any of its personnel.
15. If you are listed on a suspended or revoked license you should be aware of the following statute. (A-21's, What are they?)
    
    Refer to ARS §32-1154 (A) 21 where grounds for suspension or revocation of a license include having a person named on the license who is named on any other license in this state or in another state which is under suspension or revocation unless the prior revocation was based solely on a violation of this paragraph. This means that if you are listed on a suspended or revoked license and you have additional licenses that we will take the necessary steps to also suspend or revoke the other license(s) that you are named on.
16. Will the Attorney General represent me in the appeal?
    
    No, Attorney General will represent the state agency only, but you may contact them for any questions that you may have.
17. Appeal, where do I go and what do I do?
    
    You must contact the Superior Court in the county where it was filed and follow their instructions. A.R.S. §§12-901 et seq. governs the appeal of administrative decisions.
18. The respondent has filed Bankruptcy, where do I go and what do I do?
    
    You must contact the bankruptcy court in the county where the bankruptcy was filed and follow their instructions. You must get what is called a "RELIEF OF STAY" in order for your case to move forward.
    
    If a bankruptcy is filed it may force the Registrar of Contractors to close your case until you get the relief of stay.
19. What happens if the Respondent makes the repairs as he/she was ordered but I am not happy with them?
    
    You can request a compliance inspection. This will enable the inspector who was assigned to your case to come out and do an inspection. The inspector will only be looking to see if the contractor has complied with the Order that was issued. The inspector can not close a case or resolve the issue at hand at this inspection. However, his or her report will be available to both parties and the agency for evaluation.
20. Can I see my file and can I have copies?
    
    Yes.
21. What if I need the copies to be certified?
    
    The copies in a file can be certified and there is a $10.00 fee per file for those certified copies plus the $ .25 per page.
22. Can I see all the complaints that have been filed against a contractor?
    
    Yes, all files are open to the public for viewing.
23. Am I liable as the Qualifying Party and/or officer for any wrong doing if I have resigned from the license?
    
    Yes, if the contract and/or any work transpired while you were still named on the license.
24. I have signed a contract with a contractor who has later had his license revoked, what can I do?
    
    You may have recourse through the Recovery Fund.