ALJDEC

00F-T0122-ROC · Registrar of Contractors · 2000-01-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 20, 2000, at 8:30 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Michael Cutler. The Respondent appeared through its qualifying party, Stephen Benge. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

This matter came on for hearing on January 20, 2000. The Complainant appeared through its authorized representative, Michael Cutler, and the Respondent appeared through its qualifying party, Stephen Benge. 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. The Respondent’s Class B- License was canceled on January 11, 1999 and Respondent’s qualifying party obtained another Class B- License (No. 150163) for Palisades Builders Inc. 2. These two matters were consolidated for hearing since both matters would necessitate the appearance of the same witnesses and the presentation of similar evidence. Both of the complaints filed are residential matters where the Complainant performed construction work as a subcontractor for the Respondent. 3. There was no dispute that the Respondent owes the sum of $2,215.00 to the Complainant for the installation of a residential fire sprinkler system at 6820 W. Wasson Vista Dr., Tucson, AZ. 4. There was no dispute that the Respondent owes the sum of $2,400.00 to the Complainant for the installation of a residential fire sprinkler system at 10730 E. Sky High Dr., Tucson, AZ.. 5. Credible evidence, presented at hearing, established that all of the Complainant’s construction work was within applicable industry standards and that the Respondent has repeatedly asked for, and obtained, extensions of time in which to pay the undisputed debts owed to the Complainant. 6. Despite the additional periods of time, the Respondent has failed to pay the Complainant for the materials and labor utilized in the installation of the fire sprinkler systems in the two residences. 7. The Respondent’s actions in failing to pay the Complainant for the labor and materials utilized on the two separate job-sites and in repeatedly trying to obtain extensions based upon representations that payment would be made of time are found to constitute a wrongful act. 8. 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) (7) (Wrongful Act), (11). . . . . . . . . . . . . RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class B- License shall be revoked unless the Registrar of Contractors receives proof that the Respondent has properly paid the total sum of $4,615.00 to the Complainant for the Complainant’s construction work on the two residences.

It is further recommended that if the Respondent provides proof that it has paid the entire sum of $4,615.00 to the Complainant, on or before the effective date of this Order, then the above provided License revocation shall not take place and Citation Nos. T00-0121 and T00-0122 shall be closed.

Done this day, January 28, 2000.

______________________________________ M. DOUGLAS Administrative Law Judge

Original transmitted by mail this ____ day of January, 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