ALJDEC

00F-T0248-ROC · Registrar of Contractors · 2000-04-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 3, 2000 at 8:30 a.m. APPEARANCES: The Complainant appeared on his own behalf and the Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

This matter came on for hearing on April 3, 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 Respondent started the construction of a 10 foot by 14 foot addition to the Complainant’s existing patio. 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. The Respondent disagreed with the scope of the corrective work order and declined to perform the designated corrective work on the Complainant’s residence. 6. Credible evidence, presented at hearing, established that the concrete construction work performed by the Respondent was below industry standards. The assigned agency inspector testified that the concrete work was the poorest that he had ever seen. The Respondent shall properly cause the concrete patio to be removed and replaced. 7. The wood framing fails to comply with applicable industry standards and does not comply with applicable code requirements. The Respondent shall cause the wood framing to be properly repaired or replaced. 8. The wood framing for the roof structure has not been properly completed. The Respondent shall properly complete the construction of the porch addition and, utilizing a properly licensed contractor, shall cause the completed porch addition to be properly roofed and flashed. 9. Credible evidence established that the Respondent inadvertently damaged the Complainant’s residence and landscaping with concrete waste and construction debris during his construction work at the Complainant’s residence. The Respondent shall properly remove all concrete waste from the Complainant’s property and shall properly repair, or replace, all damaged portions of the Complainant’s residence and landscaping. 10. The instant record failed to establish sufficient grounds to justify a departure from a long-standing policy of the Registrar of Contractors to allow a contractor a reasonable opportunity, after a hearing, to correct or cause the proper correction of any determined deficiencies in his work. 11. 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), (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 revoked unless the Registrar of Contractors receives proof that the Respondent has properly accomplished the corrective actions set forth above in Finding of Fact Nos. 6, 7, 8, and 9. It is further recommended that if the Respondent properly causes the accomplishment of the above described corrective action, on or before the effective date of this Order, then the above provided License revocation shall not take place and Citation No. T00-0248 shall be closed. Done this day, April 19, 2000.

______________________________ M. DOUGLAS Administrative Law Judge

Original transmitted by mail this ____ day of April, 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