ALJDEC

01F-R012011-BFS · Department of Building and Fire Safety · 2001-12-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 30, 2001; at 8:30 a.m.. APPEARANCES: The Complainant appeared through Yvonne Burley. 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 Recommended 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 and/or omissions. 2. Respondent is the holder of a Class D-8 license, No. 7386, issued by the Arizona Department of Building and Fire Safety. 3. Credible evidence established that the Respondent failed to comply with the terms and conditions of a verified complaint. 4. Based upon credible evidence, presented at hearing, it is found that a proper and reasonable amount payable to the Complainant is the sum of $705.00 representing the amount set forth in the lowest bid presented for needed corrective action on verified items at the Complainant’s residence.

CONCLUSIONS OF LAW 1. Under the facts and circumstances of this matter, it is found that the Department of Building and Fire Safety is empowered to determine and award proper payment to the Complainant from the Consumer Recovery Fund pursuant to A.R.S. Section 41-2190(A) and A.R.S. Section 41-2190(B). 2. The credible evidence of record supports an award to the Complainant from the Consumer Recovery Fund in the sum of $705.00 pursuant to A.R.S. Section 41-2190(D). 3. The credible evidence of record supports the suspension of the Respondent’s Class D-8 License until the Respondent has repaid in full, including all statutory interest, the amount of $705.00 paid from the Consumer Recovery Fund on the Respondent’s account. RECOMMENDED ORDER In view of the foregoing, it is recommended that, commencing on the effective date of this Order, that the Arizona Department of Fire And Safety shall commence and finalize payment procedures from the Consumer Recovery Fund to the Complainant in the amount of $705.00 for damages. It is further recommended that the Respondent’s Class D-8 License shall be suspended until the Respondent has repaid in full, including all statutory interest, the amount of $705.00 paid from the Consumer Recovery Fund on the Respondent’s account in this matter.

Done this day, November 30, 2001

______________________________________ M. Douglas Administrative Law Judge

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

Department of Building and Fire Safety N. Eric Borg 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