ALJDEC

00F-T0245-ROC · Registrar of Contractors · 2000-03-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 16, 2000, at 1:30 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on March 16, 2000. The Complainant appeared on his own behalf and the Respondent appeared on his own behalf. 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 Complainant purchased a new residence constructed by the Respondent. 3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct his work despite repeated requests that he do so. The Complainant 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 Complainant’s residence. 5. Credible evidence, presented at hearing, established that the Respondent did perform corrective action on the Complainant’s residence but failed to substantially comply with the terms and conditions of the written corrective work order. 6. The following items were shown to constitute deficient and unacceptable workmanship and to require proper corrective action by the Respondent: g) The wall texture patch does not match the color of the surrounding area. The Respondent shall cause the wall texture patch to be properly touched- up. h) The sliding glass door still leaks and there is now a sharp edge at the corner of the door. The Respondent shall properly correct the door and eliminate any sharp edges that present a health and safety danger to the occupants of the residence. i) The concrete driveway displays unacceptable compound cracking and inadequate control joints. The Respondent has already made several unsuccessful attempts to repair the concrete driveway. The Respondent shall properly replace the concrete driveway. 10. 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 accomplished the items of corrective action as set forth above in Finding of Fact Nos. 6(a) through 6(c), inclusive. 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. T00-0245 shall be closed. Done this day, March 31, 2000.

_________________________________ M. DOUGLAS Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 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