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ROC'S REVAMPED HEARING PROCEDURE MEANS CHANGE FOR CONTRACTORS

ROC'S REVAMPED HEARING PROCEDURE MEANS CHANGE FOR CONTRACTORS

Pending changes at the Registrar of Contractors are set to significantly alter administrative hearings - and could lead to more suspensions and revocations. For years, the ROC’s process forced complainants to carry their own burden of proof. At hearings, contractors without legal representation were at least placed on a level playing field with complainants.

That could be about to change. The ROC’s Legal Department is considering an overhaul of the agency’s complaint process. Under the new regime, the Registrar itself will be listed as the Complainant on all Citations and Complaints. Whether this means the Registrar will exercise greater discretion over the issuance of Citations remains to be seen.

Critically, homeowners and other complainants will no longer be forced to carry their own burden of proof at administrative hearings. Instead, the State will advocate on behalf of complainants. Contractors will be forced to face off against Assistant Attorney Generals from the Arizona Attorney General’s Office. This change alone makes obtaining experienced, aggressive representation before the ROC all the more vital.

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