ALJDEC

00F-T0425-ROC · Registrar of Contractors · 2000-04-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 10, 2000, at 1:30 p.m. APPEARANCES: The Complainant appeared through its authorized representative, John Snyder. The Respondent appeared through its authorized representative, Stephen Benge. 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. The Respondent’s Class B- License was revoked on March 31, 2000 (Case T00-0191). 2. This is a residential matter where the Complainant furnished labor and materials for the construction of a new residence being constructed by the Respondent. 3. The Respondent failed to pay the Complainant for its labor and materials despite repeated demands that it do so. 4. After a partial payment check from the Respondent was returned for insufficient funds, the Complainant filed a formal complaint, against the Respondent, with the Registrar of Contractors. 5. Credible evidence, produced at hearing, established that the Respondent owes the Complainant the sum of $4,574.00 plus interest for installation of insulation in a new residence constructed by the Respondent. 6. The Respondent’s actions in issuing an insufficient funds check and then failing to redeem the insufficient funds check are found to constitute a wrongful act. 7. There was no dispute that the Complainant’s work was within applicable workmanship standards and that the Respondent does owe the full amount claimed to the Complainant. 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), and (11).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class B- License be revoked. Done this day, April 19, 2000.

________________________________ M. DOUGLAS Administrative Law Judge

Original transmitted by mail this ____ day of April, 2000, 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