ALJDEC

01F-RF0215-ROC · Registrar of Contractors · 2001-05-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 23, 2001; at 1:30 p.m. APPEARANCES: The Plaintiffs appeared through Hilda Noriega. The Defendant failed to appear. The Registrar of Contractors appeared through Assistant Attorney General, Eva Bacal. 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 Plaintiffs are found to be an “injured person” as defined by statute and are found to be entitled to receive payment from the Contractors’ Recovery Fund for damages sustained as a result of the Defendant’s acts or omissions. 2. The Defendant’s contracting license has been previously revoked by Order of the Registrar of Contractors. Such revocation is determined to render this Defendant unable to remedy the violations of the State’s contracting laws which gave rise to the instant claim for damages. 3. There was no dispute that, if any money was available in the Contractors’ Recovery Fund for License No. 134343, a proper and reasonable amount payable to the Plaintiffs from the Contractors’ Recovery Fund for the Plaintiff’s actual damages, would be the sum of $19,404.07. 4. Credible testimony and evidence, presented at hearing, established that the Contractors’ Recovery Fund has paid out the total sum of $100,000.00 on behalf of the Defendant and that the Contractors’ Recovery Fund is prevented, by applicable statute, from paying more than $100,000.00 for each license held by a residential contractor. 5. There was no credible testimony or evidence that the Plaintiffs were treated any differently than any other claimant for damages nor was there any credible testimony and evidence that any of the other claimants were treated in any preferential manner. 6. Credible testimony and evidence established that all claims were paid in order of the date of entry of the order of the registrar or court. CONCLUSIONS OF LAW 1. A.R.S. §32-1139(A) provides as follows: “The liability of the fund shall not exceed one hundred thousand dollars for any one residential contractor’s license. If claims against the fund on behalf of any one residential contractor’s license exceed one hundred thousand dollars, the claims shall be paid in order of the date of entry of the order of the registrar or court, and the registrar or a court entering an order for payment after the sum of one hundred thousand dollars has been paid from the fund shall modify the order indicating that no further recovery from the fund shall be allowed.” 2. Under the facts and circumstances of this matter, the Registrar of Contractors is precluded from issuing an order for payment from the Contractors’ Recovery Fund on the basis that no further recovery from the fund is allowed by statute. RECOMMENDED ORDER In view of the foregoing, it is recommended that no payment be made to the Plaintiffs on this claim and that Case No. RF01-0215 be closed. Done this day, June 7, 2001.

________________________________ M. Douglas Administrative Law Judge

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

Michael P. Goldwater, Director Registrar of Contractors 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