ALJDEC

00F-0240-ROC · Registrar of Contractors · 2000-01-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 6, 2000. APPEARANCES: Complainant Denise B. Hrudka appeared on her own behalf. Qualifying party Scott Edmunds appeared representing Respondent Geoffrey H. Edmunds and Associates, Inc. ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn _____________________________________________________________________ The hearing in this above captioned matter was held for the purpose of determining whether Respondent was in violation of statute as alleged by the Complainants and as Cited by the Registrar of Contractors (Registrar). Evidence and testimony were presented, and during the process of the hearing, the parties determined that they were in agreement on the items remaining. Based upon review of the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. Respondent was the builder of a residence, as a speculative home, which Complainant purchased. 2. Respondent is the holder of a Class B license issued by the Registrar of Contractors (Registrar). 3. In July 1999, Complainant filed a formal complaint with the Registrar alleging some complaints against Respondent. Attached to the formal complaint were copies of several letters of correspondence in this regard.

4. As a result of receiving the complaint, Registrar’s Inspector (Inspector) Bob Mechsner scheduled a site inspection. On September 17, 1999, a Corrective Work Order (CWO) was issued regarding ten items at the inspection, and directing Respondent to perform certain designated corrective work on nine of those ten items. The corrective work was ordered to be completed within fifteen days. 5. Complainant was not satisfied with all the items, and requested an administrative hearing in the matter. 6. On November 4, 1999, the Registrar issued its Citation and Complaint against Respondent alleging violations of Arizona Revised Statutes (A.R.S.) §§32-1154.A.7, 32-1154.A.23 and 32-1154.A.3, specifying Arizona Administrative Code (A.A.C.) R4-9-108. 7. On November 9, 1999, Respondent filed its written answer, indicated it had addressed the paint and air conditioning and indicated it could not resolve the dissatisfaction with the electrical problem because all the outlets were, in fact, working properly and tripping when overloaded. 8. The matter remained unresolved, and Notice of Hearing was issued on December 6, 1999 setting the matter for hearing to be held on January 6, 2000. 9. At the hearing on January 6, 1999, the parties presented some testimony, and response. Both indicated that they had agreed on repairs to be done to the air conditioning system after an meeting the day before. The parties then discussed the matter off the record to come to a full agreement to resolve the matter. 10. The parties recited for the record their agreement to be as follows: a. Air conditioning is to be repaired by adding insulation as necessary over the subject bedrooms; with the addition of a dormer vent to/for the attic; and the rebalancing of the system by contractor Chas. Roberts. The parties agreed this should be the appropriate solution to resolve the problems but if not, then Respondent and Chas. Roberts agreed to work together towards a solution. b. Slide Right (sp?) Door in family room is to be made to function properly by the manufacturer [Slide Right (sp?)] and supplier [Aluminair (sp?)], and once it is made to operate properly, thereafter it shall be Complainant’s responsibility. c. Painting is to be done on the entire fascia and the entire back of the home with additional touch-up on the stucco repairs. d. No work is to be done on the GFI electrical outlets in the bathroom(s); they will remain as they are. e. All work under this agreement is to be accomplished within thirty days after the hearing date of January 6, 2000. APPLICABLE LAW Arizona Revised Statutes (A.R.S.) §32-1154.A. provides that a holder of a license or a person listed on a license shall not commit the following: … 3. Violation of any rule adopted by the Registrar; specifically Arizona Administrative Code (A.A.C.) R4-9-108[1]. … 7. The doing of a wrongful or fraudulent act by the licensee as a contractor resulting in another person being substantially injured. … 23. Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving written directive from the Registrar. … CONCLUSIONS OF LAW 1. Credible testimony from Complainant and Respondent established the existence of unresolved problems at this Complainant’s residence. Registrar’s Inspector ordered items to be corrected, and several had not yet been corrected at the time of the hearing in this matter. Therefore, as to this item, the evidence and testimony at the hearing established violations, by Respondent, of A.R.S. §§32-1154.A.7, 32-1154.A.23 and 32- 1154.A.3 namely A.A.C. R4-9-108. 2. The parties having come to an agreement at the hearing, the matter shall be resolved therewith. RECOMMENDED ORDER 1. In view of the foregoing, it is recommended commencing on the effective date of this ORDER, that the Respondent’s Class C license be suspended until the Registrar receives written mutual proof that the agreed- to repairs are completed according to the parties’ agreement. 2. It is further recommended that if Respondent properly accomplishes the above described repairs on or before the effective date of that ORDER, then the above recommended temporary license suspension shall not take place and Citation No. 00-0240 shall be closed. RECOMMENDED this day, January 11, 2000.

______________________________________ Kay A. Abramsohn Administrative Law Judge

Original transmitted by mail this ____ day of January, 2000, to:

Registrar of Contractors Michael P. Goldwater ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________ ----------------------- [1] A.A.C. R4-9-108 provides that all work shall be done in a workmanlike manner which is described to be in compliance with local building codes of express application to the types of work done and complained of.

-----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 PH(602) 542-9826/ FAX 542-9827