ALJDEC

01F-R001023-BFS · Department of Building and Fire Safety · 2001-05-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 9, 2001; at 1:30 p.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent failed to appear. 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 Order are made: FINDINGS OF FACT 1. The Complainant is a “consumer” as defined by statute and is entitled to receive payment from the Consumer Recovery Fund for damages as a result of the Respondent’s acts or omissions. 2. Respondent is the holder of a Class D-12, No. 6978, License issued by the Department of Building and Fire Safety. 3. There was no dispute that the Complainant was damaged by the Respondent’s failure to properly complete its contractual obligations to the Complainant and by the Respondent’s failure to substantially comply with the terms and conditions of the verified complaint issued in this matter. 4. Based upon credible evidence and testimony produced at hearing, it is found that a proper and reasonable amount payable to the Complainant is the sum of $10,102.06, representing the Complainant’s total cost for labor and material for needed corrective action on the Complainant’s residence. CONCLUSIONS OF LAW 1. Under the facts and circumstances of this case, it is found that the Department of Building and Fire Safety is empowered to determine and award payment to the Complainant from the Consumer Recovery fund pursuant to A.R.S. §§41-2190(A) and 41-2190(B). 2. The within record supports an award to the Complainant from the Consumer Recovery Fund in the sum of $10,102.06 pursuant to A.R.S. §41-2190(D). 3. The credible evidence of record supports the suspension of Respondent’s Class D-12 License until the Respondent has repaid in full, including statutory interest the amount of $10,102.06 paid from the Consumer Recovery Fund on the Respondent’s account. ORDER In view of the foregoing, it is Ordered that, commencing on the effective date of this Order, that the Department of Building and Fire Safety shall commence and finalize payment procedures from the Consumer Recovery Fund to the Complainant in the amount of $10,102.06 for damages. It is further ordered that the Respondent’s Class D-12 license be suspended until the Respondent has repaid in full, including statutory interest, the amount of $10,102.06 paid from the Consumer Recovery Fund on the Respondent’s account. Done this day, May 17, 2001.

________________________________ M. Douglas Administrative Law Judge

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

N. Eric Borg, Director Department of Building and Fire Safety ATTN: Shawna Blank East Virginia, Suite 100 Phoenix, AZ 85004

By _______________________________

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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488