ALJDEC

01F-2269-ROC-com · Registrar of Contractors · 2002-03-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 18, 2002. APPEARANCES: Complainant Michael Foye appeared personally. Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ The commencement of the scheduled hearing was delayed for 15 minutes to allow for the late arrival of the Respondent. 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. This matter came on for hearing to determine whether or not Respondent complied with the terms and conditions of the prior Recommended Decision of Administrative Law Judge and Order of the Registrar of Contractors, the terms of which are incorporated herein by reference. 2. The Registrar of Contractors’ Order in Case No. 01-2269/Docket No. 01F- 2269-ROC has become final. 3. The Registrar ordered that Respondent’s Class C-21 Landscaping and Irrigation Systems contracting license be suspended until the Registrar received written proof that Respondent had timely accomplished the following:

a) Respondent was required to pull all required permits from the local building authority for its scope of work on the project. b) Respondent was required to schedule inspections by the local building authority for work performed on the project. c) Respondent, at its sole cost and expense, was required to cause properly licensed electrical and plumbing contractors to make the respective areas of work performed by Respondent open for inspection by the local building authority, to make any repairs required by such inspections and to close those areas of work. d) Respondent was required to repair Complainants’ sod lawn as required by the Registrar’s Corrective Work Order.

4. Respondent did subsequently pull the appropriate permits for the project. 5. Respondent performed the electrical rough-in work itself rather than have such work performed by an electrical contractor. Inspector Cotton of the Registrar of Contractors testified that Respondent’s workmanship did meet minimum workmanship standards. No evidence was presented that the electrical work received a green tag from the local building inspector. 6. The local building inspector viewed the gas installation performed by Respondent rather than a properly licensed plumber. The inspector issued a red tag for the gas work, which indicates that it failed the inspection. 7. Respondent has failed to repair Complainants’ sod lawn as required by the Registrar’s Corrective Work Order. 8. There is no evidence that Respondent has paid the $200.00 civil penalty assessed by the Registrar for Respondent’s failure to comply with the Registrar’s Corrective Work Order previously issued in this matter. 9. There is no evidence that Respondent has posted the additional $1,000.00 surety bond, cash deposit or alternative deposit as ordered by the Registrar.

CONCLUSIONS OF LAW

1. The Respondent has failed to comply with the conditions imposed by the Registrar of Contractors to avoid the suspension of its Class C- 21license. 2. Respondent’s Class C-21 license should be suspended pursuant to the provisions of the Registrar’s prior Order. 3. Pursuant to the provisions of A.R.S. § 32-1154(D), the Registrar imposed a civil penalty against Respondent in the amount of $200.00. In the event that Respondent has failed to pay the $200.00 civil penalty imposed by the Registrar, then its Class C-21 license is deemed automatically revoked effective as of 30 days from the effective date of the Registrar’s prior Order adopting, with modifications, the Recommended Decision of Administrative Law Judge.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Respondent’s Class C- contracting license be suspended as provided for in the prior Recommended Decision of Administrative Law Judge as adopted with modifications by the Registrar of Contractors. It is further recommended that if Respondent failed to timely pay the $200.00 civil penalty imposed by the Registrar of Contractors, then its Class C-21 license shall be deemed automatically revoked effective as of 30 days from the effective date of the Registrar’s prior Order, as provided for in A.R.S. § 32-1154(D). Done this day, March 18, 2002

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2002, to:

Registrar of Contractors Michael P. Goldwater, Director ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

-----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826