ALJDEC

01F-L0198-ROC-COM · Registrar of Contractors · 2002-05-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 25, 2002. APPEARANCES: Joseph and Constance Crotty, Complainants; Harvey Jackson, Respondent’s attorney; Eddie Spencer, Respondent’s Qualifying Party; Marnell Spencer, Respondent’s witness. ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang. Following an Order by the Registrar of Contractors to complete corrective tile work or face a license suspension, Respondent attempted to complete the work by contacting the Complainants and retaining the proper materials. Complainants, however, remain unwilling to allow the Respondent to complete the work. Therefore, it is recommended that this complaint be closed as in compliance with the Registrar’s Order. FINDINGS OF FACT 1. Joseph and Constance Crotty filed a complaint against Spencer's Custom Floor Coverings ("Spencer's") regarding the saltillo tile they had installed in their home. After a hearing with the Office of Administrative Hearings, the Registrar of Contractors directed Spencer's to do some remedial work or suffer the imposition of a license suspension.

2. After failing to receive a rehearing, the Crottys refused to allow the work to be done. Spencer's sent a Notice of Compliance to the Registrar of Contractors on December 21, 2001. A compliance hearing was set to determine whether Spencer's met its obligation under the Registrar's Order. 3. Spencer's witness testified that she put various lots of tile on hold to ensure a match and contacted the Crottys to arrange a date. Mr. Crotty said he would think about it and call them back but he did not. At hearing, the Crottys confirmed that they are still unwilling to allow any repairs by Spencer’s. They argued that Spencer's has not proven its qualifications to do the tile to their satisfaction. They also refuse to allow Spencer's to do the repairs on the floor tiles until Spencer’s accepts responsibility for the entire floor. CONCLUSIONS OF LAW 1. This matter is before the Registrar of Contractors on motion by the Respondent to determine whether he has complied with the Registrar’s final order in the matter. 2. The Registrar's final order directed the contractor to complete some tile repairs or suffer the imposition of a license suspension. The Crottys have been and remain adamant that they will not allow Spencer's to complete the repairs. It would be unfair to impose a suspension against Spencer's for failure to do the impossible. Since Spencer's has been ready, willing and able to comply with the order, it is recommended that the thing which would have been done be deemed to have been done, that Spencer's be found in compliance with the Order, and that this complaint be closed.

Done this day, May 13, 2002.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Dorinda M. Lang Administrative Law Judge

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

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

By ___________________________

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