Arizona ROC Hearing Lawyer
Understanding the the Arizona Registrar of Contractors Hearing Requirements is important for any contractors facing an investigation by the ROC. The Arizona Registrar of Contractors (ROC) is the organization which regulates the construction trade in Arizona. The ROC licenses contractors, enforces contracting laws, investigates and resolves complaints. When the ROC receives a complaint they launch an investigation and it is important to find an Arizona ROC Hearing Lawyer to assist with the process. It’s during the investigation process the contractor has the opportunity to resolve any issues the ROC finds are valid.
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However, either party (the complainant or the contractor) can request a hearing if they don’t resolve issues during the complaint process. The ROC hearing process is relatively simple and efficient. Each time a contractor performs work under his license for over $1,000, Arizona law requires a contract regarding the work. This applies both to residential work and commercial. The ROC has a number of contract requirements must contain a number of key elements in order to be legal and binding. If the required elements are missing the ROC may take action against the contractor.
Registrar of Contractors Citation
It’s the case investigator who makes the decision whether a hearing should take place. When they recommend a hearing, the contractor receives a citation that outlines the alleged violations. The contractor receives this citation in person from the ROC or by registered mail. The ROC requires a written answer to the charges in the citation within ten days, with an additional five days added to the deadline if the citation was sent by mail. The contractor needs to be very timely in response or their license can be suspended or revoked. Once the ROC receives the response, they issue a notice of the hearing to all parties 30 days prior to the hearing date.
Arizona ROC Hearing Requirements
When the citation has been answered properly and returned, the case goes to the Office of Administrative Hearings (OAH). The OAH schedules the hearing for a few months later than the date it was referred. The complainant and the contractor both have the option of hiring an attorney.
Prior to the hearing both parties must prepare a disclosure statement which includes a list of witnesses and their contact information and a list of exhibits. Both the complainant and contractor can subpoena witnesses. They go before an Administrative Law Judge (ALJ) and present their evidence and make arguments regarding the case. The ALJ hears both sides and views all evidence and listens to the witnesses. Then within 20 days, the ALJ will write a decision. This decision is only a recommendation. It goes to the ROC and within 30 days the ROC makes their final decision — accepting, rejecting or modifying the decision of the ALJ.
Arizona Contractor Disciplinary Actions
When the ROC rules against the contractor, discipline can occur. Discipline can mean the suspension or revocation of the contractor’s license. It can also mean the ROC orders the contractor to take certain actions before their license can be reinstated.
Rehearing Request
After the ROC makes its decision, either party involved can request a rehearing. They must do it within 30 days. They can also appeal the decision to the Superior Court. The contractor must be sure to get the ROC to stay their order until the appeal is resolved.
Getting Legal Help
It is always best for someone appealing an ROC decision to meet with an attorney in Arizona. Having someone who is licensed and familiar with such matters can help protect a contractor’s license. Chelle Law can help. If you have questions about Arizona ROC Hearing Lawyer and would like to learn more about the services we offer contact Chelle Law today.