ALJDEC

01F-RF0524-ROC · Registrar of Contractors · 2001-10-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 18, 2001; at 1:30 p.m. APPEARANCES: The Plaintiff appeared on his own behalf. The Defendant appeared on his own behalf. 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 Plaintiff is found to be an “injured person” as defined by statute and is 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 was placed on license suspension pursuant to an Order issued by the Registrar of Contractors on December 7, 2000. 3. Based upon credible evidence produced at hearing, it is found that a proper and reasonable amount payable to the Plaintiff from the Contractors’ Recovery Fund, for the Plaintiff’s actual damages, is the sum of $280.00. This sum is the low bid of $400.00 less the sum of $120.00 set forth in the low bid for construction work (the installation of a countertop) not required by the Registrar of Contractors’ prior Order in this matter. CONCLUSIONS OF LAW 1. A.R.S. § 32-1132(A) provides, in part, as follows: “There is established the residential contractors’ recovery fund,…, from which any person injured by an act, representation, transaction or conduct of a residential contractor, which is in violation of this chapter or the rules adopted pursuant to this chapter, may be awarded, in the county where the violation occurred, an amount of not more than twenty thousand dollars for damages sustained by the act, representation, transaction or conduct. An award from the fund is limited to the actual damages suffered by the claimant as a direct result of the residential contractor’s violation but shall not exceed an amount necessary to complete or repair a residential structure or appurtenance within residential property lines….” 2. Under the facts and circumstances of this matter, the Registrar of Contractors is empowered to determine and award proper payment to the Plaintiff from the Contractors’ Recovery Fund pursuant to A.R.S. § 32- 1154(E). 3. The credible evidence of record supports an award from the Contractors’ Recovery Fund to the Plaintiff in the sum of $280.00, all of which shall be appropriately chargeable against the Defendant and/or persons on the Defendant’s license as set forth in A.R.S. § 32-1139(B). RECOMMENDED ORDER In view of the foregoing, it is recommended that the Registrar of Contractors shall commence and finalize payment procedures from the Contractors’ Recovery Fund to the Plaintiff in the total amount of $280.00 for damages. Done this day, November 1, 2001.

________________________________ M. Douglas Administrative Law Judge

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

Phyllis Biedess, Director Arizona Health Care Cost Containment System ATTN: Margaret Leigh 701 East Jefferson Phoenix, AZ 85034

By _______________________________ -----------------------

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