NORTH CAROLINA
WAKECOUNTY
BRIAN SCOTT BRADSHAW
Petitioner,
v.
NORTH CAROLINA ALARM SYSTEMS LICENSING BOARD,
Respondent. / ))))))))))) / IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
10 DOJ 1738
PROPOSAL FOR DECISION

This contested case was heard before Administrative Law Judge Joe Webster on June 29, 2010 in Raleigh, North Carolina.

APPEARANCES

Petitioner appeared pro se

Respondent was represented by Jeffrey D. McKinney and Jena Edelman.

WITNESSES

Respondent – Terry M. Wright, Director, testified for Respondent Board

Petitioner – Petitioner testified on his own behalf. Jason Carr, a co-worker, and

Julia Mariano, Petitioner’s fiancée, also testified on Petitioner’s behalf.

ISSUES

Whether grounds exist for Respondent to deny Petitioner’s application for alarm system registration permit based on its previous denial of Petitioner’s application under N.C. Gen. Stat. § 74D-1 et seq. and Petitioner’s lack of good moral character and temperate habits based on a conviction for Possession of Drug Paraphernalia and a conviction for Possession with Intent to Manufacture, Sale, or Distribute a Schedule II Controlled Substance.

BURDEN OF PROOF

Respondent has the burden of proving that the Petitioner 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. Gen. Stat. §§ 74D-2; 74D-5; 74D-6; 12 NCAC 7 § .0700

FINDINGS OF FACT

  1. Respondent Board is established pursuant to N.C. Gen. Stat. § 74D-1, et seq., 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 new alarm registration permit. Petitioner’s initial application, received by the Board on July 30, 2009, was introduced as Respondent’s Exhibit 1. Exhibit 1 was admitted as part of the record.
  1. In Exhibit 1, Petitioner answered “yes” to the following question: “Have you ever pled guilty or been convicted of any crime (Felony or Misdemeanor)?”, “Have you ever been convicted of any crime (Felony or Misdemeanor)?”
  1. Terry M. Wright, Director for Respondent Board testified that for each application, a criminal background check is conducted for each applicant. Mr. Wright testified that a criminal background report was submitted by the Petitioner with his application.
  1. Respondent Board then introduced as Exhibit 2 a Criminal Record Check from Mecklenburg County. Exhibit 2 was admitted as part of the record. Exhibit 2 revealed the following criminal conviction for the Petitioner:

3/26/06(F) PWIMSD SCH 11 CSGuilty

  1. Respondent Board then introduced as Exhibit 3 a Criminal Record Check from Cabarrus County. Exhibit 3 was admitted as part of the record. Exhibit 3 revealed the following criminal conviction for the Petitioner:

2/22/07(M) Possess Drug ParaphernaliaGuilty

  1. Mr. Wright testified that pursuant to Petitioner’s criminal convictions, Petitioner’s application for registration was denied. Respondent Board introduced as Exhibit 4 a “For Cause” denial letter with a copy to the Petitioner dated December 21, 2009. Exhibit 4 was admitted as part of the record.
  1. Petitioner then testified on his own behalf. Petitioner stated that one of the charges arose after an office planted two grams of crack-cocaine on the floorboard of his car.
  1. Petitioner explained that the charges on his record did not reflect activity that was any endangerment to the community.
  1. Petitioner’s co-worker, Jason Carter, testified that Petitioner was a good worker and that Petitioner had not committed any crimes that would place in the community harm.
  1. Petitioner’s fiancée, Julia Mariano, testified that she and Petitioner were engaged, and that she was pregnant. She explained that Petitioner took good care of her.

CONCLUSIONS OF LAW

Pursuant to N.C. Gen. Stat. § 74D-6, Respondent Board may refuse to issue an alarm systems registration permit for lack of good moral character or temperate habits

Pursuant to N.C. Gen. Stat. § 74D-6(3), conviction by a State court of any crime involving the illegal use, possession, sale, manufacture, distribution, or transportation of a controlled substance, drug, narcotic, or alcoholic beverages shall be prima facie evidence that the applicant does not have good moral character or temperate habits.

Respondent Board presented evidence that Petitioner lacked good moral character or temperate habits through Petitioner’s criminal record. Petitioner hasfailed to present sufficient evidence to rebut the presumption that he lacks good moral character.

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 Respondent BoardUPHOLD its denial ofPetitioner’s application for a registration permit.

ORDER

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, 6714 MailServiceCenter, Raleigh, N.C.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 Alarm Services Licensing Board.

This the 3rd day of August, 2010

______

Joe Webster

Administrative Law Judge

CERTIFICATE OF SERVICE

I, Jeffrey D. McKinney, hereby certify that I have served a copy of the foregoing Proposed Proposal for Decision by depositing a copy with the United States Postal Service, first class mail, and addressed as follows:

Brian Scott Bradshaw

2703 Bent Oak Drive

Matthews, North Carolina 28104

This the ____day of July, 2010.

______

Jeffrey D. McKinney

Bailey & Dixon, LLP

P.O. Box 1351

Raleigh, North Carolina27602-1351

Telephone: (919) 828-0731

1