A. On the filing of a written complaint with the registrar charging a licensee with the commission of an act that is cause for suspension or revocation of a license, including an act that is in violation of title 44, chapter 11, article 11, the registrar after investigation, in its sole discretion, may issue a citation directing the licensee, within ten days after service of the citation on the licensee, to appear by filing with the registrar the licensee's written answer to the citation and complaint showing cause, if any, why the licensee's license should not be suspended or revoked. The complaint must be filed within the statute of limitations prescribed by 32-1162.
B. Service of the citation on the licensee is fully effected by personal service or by mailing a true copy thereof, together with a true copy of the complaint, by certified mail in a sealed envelope with postage prepaid and addressed to the licensee at the licensee's latest address of record in the registrar's office. Service of the citation and complaint is complete at the time of personal service or five days after deposit in the mail.
C. Failure of the licensee to answer within ten days after service may be deemed an admission by the licensee of the licensee's commission of the act or acts charged in the complaint, and the registrar may then suspend or revoke the licensee's license unless the registrar determines, in its sole discretion, that the failure to answer within such period is attributable to excusable neglect on the part of the licensee.
D. The registrar may not issue a citation for failure to perform work in a professional and workmanlike manner or in accordance with any applicable building codes and professional industry standards if either:
1. The contractor is not provided an opportunity to inspect the work within fifteen days after receiving a written notice from the registrar.
2. The contractor's work has been subject to neglect, modification or abnormal use.
E. Notwithstanding subsection D of this section, the registrar may investigate the complaint without waiting fifteen days.
Notes of Decisions
Int'l Bhd. of Elec. Workers, Local Union 640 v. Kayetan, 581 P.2d 1158 (Ariz. Ct. App. 1978).
· cites it 8× “This matter was instituted before the registrar pursuant to to A.R.S. § 32-1155, by a complaint filed by IBEW seeking to suspend or revoke Jones’ contractor’s license.”
Mission Hardwood Co. v. Registrar of Contractors, 716 P.2d 73 (Ariz. Ct. App. 1986).
· cites it 4× “In this case, the Registrar chose to take each of the following steps in pursuit of its administrative proceeding: one of the Registrar's investigators inspected Francis' floor; he issued an inspection report, in which he concluded that the "floor as installed in this residence…”
Sunpower v. Arizona State Registrar of Contractors, 803 P.2d 430 (Ariz. Ct. App. 1990).
· cites it 4× “§ 32-1154; (2) was a violation of the separation of powers contained in article 3 of the Arizona Constitution; (3) appellee Kessler’s complaint does not fall within the applicable statute of limitations as mandated by A.R.S. § 32-1155(A); and, (4) the transcript was incomplete,…”
McMurren v. JMC Builders, Inc., 63 P.3d 1082 (Ariz. Ct. App. 2003).
· cites it 2× “Following an investigation and an opportunity for the contractor to appear and contest the complaint, the registrar may suspend or revoke the contractor’s license and may require the contractor to remedy any violations disclosed by the investigation.”
Rosen v. Hadden, 303 P.2d 267 (Ariz. 1956).
· cites it 2× “1939, as amended, A.R.S. § 32-1155 et seq., a definite procedure is outlined to be followed before a license can be revoked.”
Bozrah v. aroc/peterson (Ariz. Ct. App. 2015).
· cites it 12× “The Order found that the “Citation and Complaint herein were served on Respondent by certified mail, with postage prepaid, directed to the last address of record for Respondent [Bozrah] as shown in the license files of the Registrar, in accordance with A.R.S. § 32-1155.” The…”
Gordon v. Arc, 447 P.3d 327 (Ariz. Ct. App. 2019).
· cites it 4× “¶17 Gordon argues that his due process rights were violated because he had no notice that his Fund claim would be barred absent an allegation of defective workmanship.”
Tina Zambrano v. M & Rc II LLC (Ariz. 2022).
· cites it 2× “…recover money); §§ 32-1104(A)(5), -1105 (providing rulemaking authority for the Registrar of Contractors); A.R.S. §§ 32-1155 to -1169 (addressing regulation of contractors and construction contracts). The legislature has also created requirements for construction…”
Mcmurren v. Jmc Builders (Ariz. Ct. App. 2003).
“§ 32-1155(A). F ollowing an investigation and an opportunity for the contr actor to appear and contest the complaint, the registrar may suspend or revoke the contractor’ s license and may require the contractor to remedy any violations disclosed by the investigation.”
— Ariz. Rev. Stat. § 32-1155(A) — 5 cases
Sunpower v. Arizona State Registrar of Contractors, 803 P.2d 430 (Ariz. Ct. App. 1990).
“§ 32-1154; (2) was a violation of the separation of powers contained in article 3 of the Arizona Constitution; (3) appellee Kessler’s complaint does not fall within the applicable statute of limitations as mandated by A.R.S. § 32-1155(A); and, (4) the transcript was incomplete,…”
McMurren v. JMC Builders, Inc., 63 P.3d 1082 (Ariz. Ct. App. 2003).
“Following an investigation and an opportunity for the contractor to appear and contest the complaint, the registrar may suspend or revoke the contractor’s license and may require the contractor to remedy any violations disclosed by the investigation.”
Bozrah v. aroc/peterson (Ariz. Ct. App. 2015).
“The Order found that the “Citation and Complaint herein were served on Respondent by certified mail, with postage prepaid, directed to the last address of record for Respondent [Bozrah] as shown in the license files of the Registrar, in accordance with A.R.S. § 32-1155.” The…”
Mcmurren v. Jmc Builders (Ariz. Ct. App. 2003).
“§ 32-1155(A). F ollowing an investigation and an opportunity for the contr actor to appear and contest the complaint, the registrar may suspend or revoke the contractor’ s license and may require the contractor to remedy any violations disclosed by the investigation.”
— Ariz. Rev. Stat. § 32-1155(B) — 2 cases
Bozrah v. aroc/peterson (Ariz. Ct. App. 2015).
“The Order found that the “Citation and Complaint herein were served on Respondent by certified mail, with postage prepaid, directed to the last address of record for Respondent [Bozrah] as shown in the license files of the Registrar, in accordance with A.R.S. § 32-1155.” The…”
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