ALJDEC

00F-H0232-ROC · Registrar of Contractors · 2001-03-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 27, 2001; at 1:30 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent failed to appear. 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 C-03 License issued by the Registrar of Contractors. 2. This is a residential matter where the Complainant paid the Respondent $3,000.00 as a deposit to install awnings on the Complainant’s residence. 3. The Respondent performed no work on the Complainant’s residence. After an extended period of time, the Complainant asked for his $3,000.00 back. 4. When the Respondent failed to return the money, despite repeated demands that Respondent do so, the Complainant filed a formal complaint, against the Respondent, with the Registrar of Contractors. 5. Credible testimony, presented at hearing, established that the Complainant made repeated requests that the Respondent return the money since the Respondent had performed no work on the Complainant’s residence and that the Respondent would repeatedly state that he “wanted to work something out” but that the Respondent never returned any money to the Complainant and never performed any construction work for the Complainant. 6. The Respondent’s actions, in abandoning the construction project and in failing to return the Complainant’s money despite repeated demands that he do so, are found to constitute a wrongful act. 7. 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) (1) (Abandonment) and (7) (Wrongful Act). RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class C-03 License be revoked. Done this day, March 9, 2001.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of March, 2001, 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