ALJDEC

00F-H0027-ROC · Registrar of Contractors · 2000-05-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 25, 2000, at 1:30 p.m. APPEARANCES: The Complainants appeared through Jody Cornia. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

This matter came on for hearing on April 25, 2000. The Complainants appeared through Jody Cornia and the Respondent failed to appear. 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 Complainants purchased a new residence constructed by the Respondent. 3. The Complainant were dissatisfied with the Respondent’s workmanship and failure to correct his work despite repeated requests that he do so. The Complainants 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 Complainants’ residence. 5. There was no dispute that the Respondent did perform corrective action on all of the items set forth in the corrective work order and that the only item still in dispute concerns the rear block walls. 6. Credible evidence, produced at hearing, established that stucco on the south and east rear walls was supposed to match the texture and color of the west wall which was in existence when the residence was constructed. There was no dispute that the stucco on the south and east walls fails to match the texture and color of the west wall. 7. Credible evidence established that the stucco application on the south and east walls fails to comply with applicable industry standards. 8. The Respondent shall cause the rear south and east walls to be properly retextured and repainted to match the color and texture of the stucco on the rear west wall. 9. 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 rear east and south walls to be properly retextured and repainted to match the stucco on the rear west wall. 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 Citation No. H00-0027 shall be closed. Done this day, May 9, 2000.

______________________________________ M. Douglas Administrative Law Judge

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

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

By _______________________________

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