ALJDEC

01F-L0238-ROC · Registrar of Contractors · 2001-10-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 17, 2001; at 1:30 p.m. APPEARANCES: The Complainants appeared through Frank Chase. The Respondent appeared through her qualifying party James McNamara. 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 K-05 License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent applied a new surface to the complainants’ existing swimming pool decking. 3. The Complainants were dissatisfied with the Respondent’s workmanship and failure to correct its work to their satisfaction despite repeated requests that it 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. The assigned agency inspector found the Respondent’s workmanship to be within applicable industry standards and moved to close the complaint. 5. The Complainants disagreed with the assigned inspector and requested a formal hearing. 6. Prior to the scheduled hearing the Complainants filed an addendum to their complaint adding new items relating to pooling, cracking and roughness to their complaint. 7. The Complainants feel that their decking is now too hot. Credible testimony and evidence presented at hearing established that the heat characteristics of the resurfaced decking are within applicable industry standards. 8. Credible testimony and evidence, presented at hearing, established that there are areas of the resurfaced decking that are unacceptably rough and fail to comply with applicable industry standards. The Respondent shall properly correct the rough portions of the resurfaced decking. 9. The credible evidence of record is insufficient and fails to support any findings that the remaining items of the complaint, and addendum to the complaint, failed to comply with applicable industry standards.

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) (3); namely, Rule R4-9-108. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class K-05 License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly corrected the rough spots in the Complainants’ resurfaced decking as set forth above in Finding of Fact No.8. It is further recommended that if the Respondent properly accomplishes the above described corrective action, on or before the effective date of this Order, then the above provided License suspension shall not take place and Citation No.L01-0238 shall be closed. Done this day, October 25, 2001

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, 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 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488