Nearly all contractors are subject to regulation by the Registrar of Contractors. Few contractors however recognize just how serious a registrar complaint can be. If not properly defended and defeated, a registrar citation and complaint can result in censure, civil fines, suspension and possibly revocation of a contractor's license. Even the smallest sanction could prevent a contractor from obtaining the next project. If a contractor's license is revoked, it can result in the complete forfeiture of its ability to contract in Arizona again - even under a new license or company name.
This seminar will explore the law that governs contractor's disciplinary regulation, emphasizing compliance and the administrative consequences for non-compliance. The seminar is designed and presented from a practical standpoint to allow contractors to learn and understand the complaint process and to adequately present their case or defense before the Registrar and the Office of Administrative Hearings.
- Registrar of contractors - Process overview
- Filing a registrar complaint
- Formal citation and complaint
- Post-hearing appeals
- Effect of suspension/revocation orders
- The attendee will be able to discuss initiating the 'workmanship' complaint.
- The attendee will be able to identify 'no-pay' complaints.
- The attendee will be able to review formal citation and complaint.
8:30 a.m. - 9:10 a.m.
I. Registrar Of Contractors Process
A. Top 10 Things Contractors Do That Get Them In Trouble
B. Initial Complaint
C. Jobsite Inspection
D. Pencil Citations
E. Citation And Complaint
H. Decision And Order Of The Registrar
I. Notices Of Compliance
J. Requests For Re-Hearing Appeals And Judicial Review
9:10 a.m. - 9:50 a.m.
II. Initiating The 'Workmanship'
Complaint Filing A Registrar
A. What Is Covered/What Is Not
B. Statute Of Limitations On Complaints
C. The Jobsite Inspection Presenting Your Complaint
9:50 a.m. - 10:00 a.m.
10:00 a.m. - 10:40 a.m.
III. Answering/Responding To The Initial
A. Time Limitations For Responding
B. The Jobsite Inspection Presenting Your Defense
C. Essential Documents And Evidence
10:40 a.m. - 11:20 a.m.
IV. 'No-Pay' Complaints
A. Subcontractor No-Pay Complaints
B. Presenting Your Case To The Registrar
C. Defending Against A No-Pay Complaint
11:20 a.m. - 12:20 p.m.
Lunch (On Your Own)
12:20 p.m. - 1:00 p.m.
V. Formal Citation And Complaint
A. Answer/Response Deadlines
B. Late Responses What To Do
C. Scheduling For Hearings
1:00 p.m. - 1:40 p.m.
VI. Hearings Before The Office Of
A. What Is The Office Of Administrative Hearings
B. Hearing Officers Case Assignments
D. Subpoenas For Documents
E. Subpoenas For Witnesses
F. The Hearing Process
G. Pre-Hearing Motions
H. Scheduling Conferences
J. Presenting Your Evidence
K. Opening And Closing Statements
L. Keeping The Hearing Open
M. Supplemental Evidence
N. Traps And Pitfalls In The Hearing Process
O. Motions For Re-Hearing
1:40 p.m. - 2:20 p.m.
VII. Settlement Agreements Involving
A. Essential Terms
B. Rejected Terms
C. Timing And Filing
D. Breaches Of Settlement Agreements Re-Opening The Complaint
2:20 p.m. - 2:30 p.m.
2:30 p.m. - 3:10 p.m.
VIII. Decision And Order Of The Registrar
A. Timing Of Final Order
B. Notice Of Compliance
C. Notice Of Non-Compliance
D. Requests For Re-Hearing
E. Effective Dates Of Decision And Order
3:10 p.m. - 3:50 p.m.
IX. Post-Hearing Appeals
A. Timing And Deadlines
B. Notice Of Appeal
C. Standard Of Review
D. Obtaining A Stay Of The ROC Decision And Order
E. Proof And Pleadings Required For Appeal
F. ROC Agency Responses Nominal Party
G. The Real Party In Interest
H. Venue For Filing Appeal
I. Preliminary Scheduling Conferences
J. Evidentiary Hearings
K. Oral Arguments/Pleading Practice
3:50 p.m. - 4:30 p.m.
X. Effect Of Suspension/Revocation
A. License Reinstatement
B. ARS 32-1154(A)(21) Violations Reciprocal License Suspension Or Revocations