ALJDEC

01F-L0222-ROC · Registrar of Contractors · 2001-10-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 17, 2001; at 8:30 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Richard Lodisio. 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. Respondent is the holder of a Class B-05 License issued by the Registrar of Contractors. The Respondent’s License is delinquent and suspended. 2. This is a residential matter where the Respondent entered into an agreement with the Complainant to remodel the Complainant’s existing swimming pool and decking. 3. There was no dispute that the Respondent performed construction work on the Complainant’s swimming pool. 4. The Respondent failed to comply with plans and specifications and failed to complete the project in a workmanlike manner despite repeated demands that it do so. 5. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors. 6. 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 action on the Complainant’s swimming pool. 7. The Respondent failed to comply with the terms and conditions of the written corrective work order. 8. Credible evidence established that the Respondent’s Class B-05 License was suspended and delinquent when it entered into the construction agreement with the complainant and while the Respondent performed construction work on the Complainant’s residence. 9. Credible testimony established that the Respondent knew that its license was delinquent and suspended when it entered into a construction contract with the Complainant and that the Respondent knew the status of its license while it performed construction work on the Complainant’s swimming pool. 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)(2), (7) (Wrongful Act), (18), (23) and (3); namely, Rule R4-9-108. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class B-05 License be revoked. Done this day, October 31, 2001.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of November, 2001, to:

Michael P. Goldwater, Director Registrar of Contractors 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