ALJDEC

00F-G0624-ROC · Registrar of Contractors · 2000-07-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 17, 2000 APPEARANCES: Britt and Deborah Dollmeyer appeared on behalf of Complainant Eagle Stucco, Inc. Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________ The issue presented by this matter is whether Respondent Sunrise Custom Homes, Inc. is subject to discipline for acts or omissions in violation of A.R.S. § 32-1154. Based on the entire record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order: FINDINGS OF FACT Respondent Sunrise Custom Homes, Inc. (“Sunrise”) is the holder of a Class B license (No. 105847) issued by the Registrar of Contractors (“ROC”). On March 27, 2000, Complainant Eagle Stucco, Inc. (“Eagle Stucco”) filed a complaint against Sunrise with the ROC. Eagle Stucco alleged non- payment of $10,763.20 for work it had performed for Sunrise. On April 27, 2000, the ROC issued a Citation and Complaint charging Sunrise with violations of A.R.S. § 32-1154(A)(7) (wrongful act resulting in substantial injury) and (A)(11) (failure to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered). Prior to the hearing, Sunrise issued a check to Eagle Stucco in the amount of $10,588.20, an amount $175.00 less than the $10,763.20 claimed by Eagle Stucco. Sunrise submitted a copy of that check to the Office of Administrative Hearings with a request that the hearing be vacated. The copy of the check that Sunrise submitted to the Office of Administrative Hearings bears a date of July 3, 2000. However, prior to delivering the check to Eagle Stucco, someone at Sunrise changed that date to July 17, 2000. Thus, when Eagle Stucco appeared for the hearing, it did not yet know whether sufficient funds existed to cover Sunrise’s check. Upon being apprised of this situation, the Administrative Law Judge recessed the hearing for approximately one hour to allow Eagle Stucco an opportunity to negotiate Sunrise’s check. When the hearing re-convened, the Dollmeyers advised the Administrative Law Judge that they had in fact been able to negotiate the check and that, although the amount was slightly less than the amount claimed, they wished to dismiss Eagle Stucco’s complaint. CONCLUSIONS OF LAW Eagle Stucco’s motion to dismiss its complaint against Sunrise is supported by sufficient grounds and should be granted. RECOMMENDED ORDER Based on the foregoing, the Administrative Law Judge recommends that the Citation and Complaint in Case Number G00-0624 be closed.

Done this day, July 20, 2000.

______________________________________ Daniel G. Martin Administrative Law Judge

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

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

By ___________________________ -----------------------

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