ALJDEC

00F-2237-ROC · Registrar of Contractors · 2000-09-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 12, 2000 at 9:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Daniel Martinez. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________ Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. Respondent is the holder of a Class B License issued by the Registrar of Contractors. 2. This is a residential matter where the Complainant purchased a new residence constructed by the Respondent. 3. The Complainant was dissatisfied with the Respondent’s workmanship and failed to correct its work to his satisfaction despite repeated requests that it do so. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors. 4. Pursuant to the filing of the formal complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written corrective work order directing the Respondent to perform designated corrective work on the Complainant’s residence. 5. During the course of corrective work, the parties have developed a very acrimonious relationship and displayed a near inability to effectively communicate or even schedule required corrective action. There have been repeated instances where the Respondent has failed to appear on time and just as many instances where the Complainant had denied access to the Respondent. 6. During the hearing the Complainant moved to add additional items set forth in two separate letters that had been mailed to the assigned agency inspector prior to the hearing. The addition of new items that the Respondent had not been informed of prior to the date of the hearing was denied and the Complainant was informed that the hearing would be restricted to the items set forth in the complaint at issue and that any new items should be addressed in a separate proceeding. 7. Testimony and evidence presented at hearing established that the following items fail to comply with applicable industry and workmanship standards and require proper corrective action by the Respondent: h) The laminate is loose at the counter end cap and there is caulking on the counter laminate. The Respondent shall properly repair or replace the kitchen laminate. i) Credible evidence established that the carpet is loose and has unacceptable spots. The Respondent shall properly repair or replace the carpet. 10. The remaining enumerated items of the complaint were shown to have been corrected to within applicable industry standards. 11. The Respondent is admonished that it shall give the Complainant at least 7 days notice of any date selected to perform the directed corrective action. The Respondent shall appear on time and ready to perform all of the directed corrective action. The Complainant is admonished that access shall be given to the Respondent and that any unreasonable denial of access shall be treated as the substantial equivalence of compliance. 12. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors.

CONCLUSIONS OF LAW 1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154 (A) (23) and (3); namely, Rule R4-9- 108. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class B License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly caused the performance of the corrective actions set forth above in Finding of Fact Nos. 7(a) and 7(b). It is further recommended that if the Respondent properly accomplishes the above described corrective action, on or before the effective date of this Order, then the above provided License suspension shall not take place and that Citation No. 00-2237 shall be closed. Done this day, September 25, 2000.

________________________________ M. Douglas Administrative Law Judge

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

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

By _______________________________ -----------------------

Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488