Utah-Based Company’s License Summarily Suspended
FOR IMMEDIATE RELEASE
Thursday, September 24, 2020
Breanna Bang, Public Information Liaison
AZ ROC: Utah-Based Company's License Summarily Suspended
PHOENIX, Ariz., (September 24, 2020) - On Monday, September 21, 2020, the Arizona Registrar of Contractors (AZ ROC) summarily suspended the CR-69 Asphalt Paving license held by Mountain Point Pavement LLC, DBA Arizona Road Builders (ROC 328749), a Utah-based contracting business.
On May 6, 2020, AZ ROC received an unlicensed complaint filed against Mountain Point Pavement LLC and Patrick Gorman for poor workmanship on an asphalt driveway installation at a Payson home. After investigating, the Agency determined the company was recently licensed and the case should be worked as a licensed complaint, rather than unlicensed, since the company's license was recently issued. The investigation of the complaint resulted in the company correcting poor workmanship for the homeowner.
During the investigation it was discovered that Mountain Point Pavement LLC was issued an Arizona contractor's license as a single-member LLC with no employees. The only person legally able to contract and perform work under the license is the qualifying party and license holder, Mary Gorman.
The AZ ROC investigation, however, determined Mountain Point Pavement LLC was not operating as listed on the company's license application. The investigation found that Patrick Gorman was representing the license and at least four persons other than Mary Gorman were performing work on the company's behalf while no workers' compensation insurance policy was in place as is required under the statutes and rules governing workers' compensation.
The investigation further revealed evidence of the licensee aiding and abetting Patrick Gorman in evading licensure. Patrick Gorman is listed on revoked contractors' licenses in California, Nevada and Utah. Depending on whether the complaints leading to the revocations were resolved or not, and when the revocations occurred, these revocations could prevent Patrick Gorman from qualifying for his own Arizona contractor's license.
On September 21, 2020, the Agency issued a summary suspension alleging eight charges including:
- a failure to comply with the statutes or rules governing social security, workers' compensation or unemployment insurance.
- misrepresentation of material fact by the applicant in obtaining a license.
- aiding and abetting an unlicensed person.
- subsequent discovery of facts that if known at the time of the issuance of a license would have been grounds to deny the issuance of a license.
- engaging in other employment that would conflict with the duties of a qualifying party and the ability to adequately supervise the work performed by the license.
- a failure to notify the Agency of any change in the name and address of the qualifying party within thirty days after the change occurs.
- a failure to prepare written contracts for work of more than $1,000 as required under A.R.S. § 32-1158(A).
- a failure to display the license number preceded by “ROC” on the jobsite.
As the investigation continues, the formal citation may be supplemented.
A summary suspension prohibits the licensee from being able to legally contract as of the day it is issued. In turn, it requires the Agency to provide the contractor a prompt hearing at the Office of Administrative Hearings and the hearing is currently set for September 29, 2020 at 9:00 AM.