ALJDEC

00F-T0019-ROC-COM · Registrar of Contractors · 2001-11-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 13, 2001; at 1:30 p.m. APPEARANCES: The Complainants appeared through Todd Case. The Respondent appeared through its attorney, Darren Clausen. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

On November 13, 2001, this matter came on for a Compliance Hearing to determine whether the Respondent has substantially complied with the terms and conditions of the previously entered Decision and Order of the Registrar of Contractors. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order on Compliance Hearing are made: FINDINGS OF FACT 1. The prior Order of the Registrar of Contractors, which has become final in the absence of any timely appeal, provides for the suspension of the Respondent’s Class B- License unless or until the Respondent has properly performed designated corrective action on the Complainant’s residence. 2. The credible evidence of record established that that the Respondent has made extensive efforts to accomplish the corrective action set forth in the prior Order of the Registrar of Contractors. The Respondent’s very obvious diligence in attempting to make up for past problems is to be commended. 3. However, credible evidence also established that, despite the Respondent’s extensive efforts, all of the designated corrective actions have not been fully completed and that the terms and conditions of the prior Order of the Registrar of Contractors have not been fully complied with. 4. Credible evidence, presented at hearing, established that the following items require further corrective action by the Respondent: (1) A small section of the concrete driveway (identified as section No.33 at hearing) has sunk and presents an unacceptable lippage condition. The Respondent shall properly repair or replace the section of concrete. (2) There is a concrete crack and spalling on a concrete section near the garage. The assigned agency inspector testified that the crack was within applicable tolerance but that the spalling required correction. The Respondent shall properly repair or replace the concrete section with the unacceptable spalling. (3) There is still a color variation in the concrete driveway. The assigned agency inspector testified that the color variation is caused by a stain “bleeding” or washing off the Complainants’ landscaping material and that, over time, the various sections of concrete driveway should match. No action by the Respondent is found to be required. 5. The nature and extent of the above designated corrective action does not warrant extensive prior meetings and plans. The Respondent is admonished that this matter has now been going on for several years and that no further corrective opportunities need be, or should be, afforded for the Respondent. CONCLUSIONS OF LAW 1. The credible evidence of record supported findings that the Respondent has not substantially complied with the terms and conditions of the prior Order of the Registrar of Contractors. 2. A licensed contractor is not entitled to an unlimited period of time or an endless succession of opportunities to comply with specified conditions which reduce, eliminate, or terminate, disciplinary action against the Contractor’s License. RECOMMENDED ORDER on compliance hearing In view of the foregoing, it is recommended that the Respondent be given twenty (20) days from the effective date of this Order to properly accomplish the corrective action set forth above in Finding of Fact No.4 and that if the Respondent fails to properly accomplish the above described corrective action within the provided twenty (20) day period that its Class B- license be suspended for a period of One Hundred and Twenty (120) days. It is further recommended that if the Registrar of Contractors receives proof that the Respondent has properly accomplished the aforementioned corrective action on or before the expiration of the twenty (20) day period then no License suspension shall take place and that this Citation and Complaint shall be closed.

Done this day, November 23, 2001

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Registrar of Contractors Michael P. Goldwater 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