This is my next article in my series discussing contracting without a license in Phoenix, Arizona. My last article addressed how unlicensed contracting can make it difficult for one to obtain future work. Violations have long lasting consequences to a person’s reputation and risk of liability. I also pointed out how an attorney can be invaluable to those in this situation. In this article, I will further discuss the need to retain an attorney if you have been cited for contracting without a license in Arizona. This is not a charge to be taken lightly. A citation by the Arizona Registrar of Contractors (ROC) can lead to penalties, civil liability, and lasting damage to a workers’ reputation in the industry. The first step after being cited should be to consult with an experienced attorney. Contact my office today either online or by telephone to speak with a criminal defense lawyer.
Arizona Revised Statutes § 32-1151 establishes that people providing contracting services must be properly licensed. There is a narrow exemption to this law. Under ARS § 32-1121(A)(14)), Arizona lets people do work without a license as long as it costs less than $1,000 including both labor and materials and does not require a building permit.
Violating Arizona’s laws can result in a citation or even charges. A citation is administrative rather than criminal. It is issued by the ROC for the purpose of disciplining an individual for violating contractor licensing laws. Various consequences may be imposed such as fines up to $2,500 per violation, restitution orders, disciplinary action, and a public record of the violation. A criminal charge, on the other hand, is filed by the state, city, or county attorney. A.R.S. § 32-1164 establishes that the charge is a Class 1 misdemeanor. Criminal charges for unlicensed work are usually reserved for situations where an individual repeatedly or knowingly does this work, ignores orders to stop, or the violation was especially serious. A contractor is not likely to be criminally charged following a well-intentioned contracting job for a neighbor. Criminal charges carry the possibility for fines up to $2,500 per violation, up to six months in jail, possible probation, and a permanent criminal record.
An ROC citation can quickly lead to a criminal charge if a contractor continues working without a license after the ROC ordered them to stop. This is one reason why it is so important to speak with an attorney immediately after being cited. A citation involves receiving a note from the ROC outlining the violation. The worker may respond or attend a hearing. An attorney can help with these legal and administrative processes by:
- Preparing a formal response to the complaint
- Reviewing evidence
- Representing a contractor at hearings
- Negotiating a settlement
- Maintaining compliance
A lawyer may also be able to reduce an individual’s penalties. Fines can be negotiated down and the citation could even be dismissed. For example, if an individual thought a project would cost well under $1,000 but it ended up costing much more, an attorney could present evidence and legal arguments that demonstrate the facts support a dismissal.
An experienced attorney can offer advice on whether to contest citations, help an individual get licensed, and maintain compliance with all requirements so no more violations occur. Speaking with an attorney promptly after receiving a citation is important as doing so can increase options. Phoenix criminal defense lawyer if you need assistance. My office also services Maricopa County areas like Mesa, Glendale, Scottsdale, Chandler, and Gilbert as well as Pima County residents in Tucson.