STATE OF NORTH CAROLINAIN THE OFFICE OF

ADMINISTRATIVE HEARINGS

COUNTY OF WAKE 11 DOJ 1051

JEREMY ADAM WALLER,)

)

Petitioner,)

v.)PROPOSAL FOR DECISION

N.C. ALARM SYSTEMS)

LICENSING BOARD,)

)

Respondent.)

______)

This contested case was heard before Administrative Law Judge Joe Webster on February 22, 2011, in Raleigh, North Carolina.

APPEARANCES

Petitioner appeared pro se.

Respondent was represented by attorney M. Denise Stanford.

WITNESSES

Respondent – Alarm Systems Licensing Board Registration Supervisor Shannon Hunt testified for Respondent Board.

Petitioner – Petitioner testified on his own behalf.

ISSUE

Whether grounds exist for Respondent to deny Petitioner’s burglar alarm registration for committing an unlawful assault and for lack of good moral character or temperate habits.

BURDEN OF PROOF

Respondent has the burden of proving that Petitioner committed an unlawful assault or lacks good moral character or temperate habits. Petitioner may rebut Respondent’s showing.

STATUTES AND RULES APPLICABLE TO THE CONTESTED CASE

Official notice is taken of the following statutes and rules applicable to this case:

N.C.G.S. §§ 74D-2; 74D-6; 74D-8; 74D-10; 12 NCAC 11.0100; 12 NCAC 11 .0200; 12 NCAC 11 .0300.

FINDINGS OF FACT

  1. Respondent Board is established pursuant to N.C.G.S. 74D-4 etseq., and is charged with the duty of licensing and registering individuals engaged in the alarm systems business.
  1. Petitioner applied to Respondent Board for a burglar alarm registration. A copy of Petitioner’s application was introduced as Exhibit 2.
  1. On the application, Petitioner disclosed that he had a criminal record.
  1. Petitioner was convicted of misdemeanor assault inflicting serious injury and assault on a female in CabarrusCounty on June 27, 2002.
  1. Petitioner was convicted of communicating threats on April 12, 2010.
  1. A certified copy of Petitioner’s criminal record search for CabarrusCounty was attached to his application.
  1. A certified copy of Petitioner’s criminal record search for WakeCounty was introduced as Exhibit 4.
  1. Petitioner testified that the convictions for assault occurred when he was in high school.
  1. Petitioner was 16 years old at the time the assault convictions occurred.
  1. Petitioner testified that he has sold alarms for six years and that he currently works with his father.
  1. Petitioner submitted written references as to his good character.

CONCLUSIONS OF LAW

  1. Pursuant to G.S. §74D-6(1), Respondent Board may deny a registration for commission of some act, which if committed by a registrant, would be grounds for the suspension of a registration.
  1. Pursuant to G.S. §74D-10(a)(8), Respondent Board may suspend or revoke a registration if it is determined that a registrant has committed an unlawful assault.
  1. Pursuant to G.S. §74D-6(3), Respondent Board may deny a registration on the grounds that the applicant lacks good moral character or temperate habits.
  1. Respondent Board presented evidence that Petitioner had committed an unlawful assault through the convictions of assault inflicting serious injury and assault on a female.
  1. Respondent Board presented evidence that Petitioner lacks good moral character or temperate habits through the convictions for assault inflicting serious injury, assault on a female, and communicating threats.
  1. Petitioner’s references and testimony are sufficient to show that he has been rehabilitated and is currently of good moral character and possesses temperate habits.

Based on the foregoing, the undersigned makes the following:

PROPOSAL FOR DECISION

The North Carolina Alarm Systems Licensing Board will make the final decision in this contested case. It is proposed that the Board REVERSE its initial decision to deny Petitioner’s application for burglar alarm registration and issue a burglar alarm registration.

ORDER

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, in accordance with G.S. §150B-36(b).

NOTICE

The agency making the final decision in this contested case is required to give each party an opportunity to file exceptions to this proposal for decision, to submit proposed findings of fact and to present oral and written arguments to the agency pursuant to G.S. §150B-40(e).

The agency that will make the final decision in this contested case is the North Carolina Alarm Systems Licensing Board.

This the 11th day of March, 2011.

______

Joe Webster

Administrative Law Judge

Submitted this the ______day of March, 2011.

BAILEY & DIXON, L.L.P.

By: ______

M. Denise Stanford NCSB#17601

Attorneys for Respondent

P.O. Box 1351

Raleigh, NC 27602-1351

Telephone: (919) 828-0731

Fax: (919) 828-6592

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