ALJDEC

01F-S0018-ROC · Registrar of Contractors · 2001-04-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 27, 2001; at 8:30 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Lonnie Greer. The Respondent 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. Respondent is the holder of a Class B License issued by the Registrar of Contractors. 2. This is a residential matter where the Complainant furnished construction materials that the Respondent utilized in constructing a residence. 3. There was no dispute that the residence had been sold and that the Respondent had been paid for the construction project. 4. The Respondent did not dispute the amount of $10,957.08 claimed by the Complainant and agreed that he had utilized the construction materials in the residential construction project. 5. The Respondent asserted that he was having financial difficulties due to a divorce and that he and his ex-wife were going to form a partnership and that he would be able to pay the Complainant sometime in the future. 6. The Respondent’s actions, in obtaining construction materials from the Complainant and then failing to pay for the construction materials despite being paid for the construction project, are found to constitute a wrongful act. 7. 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) (7) (Wrongful Act), and (11). RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class B License be revoked unless the Registrar of Contractors receives proof that the Respondent has properly paid the sum of $10,957.08 to the Complainant for the construction materials furnished to the Respondent. 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 revocation shall not take place and Citation No. S01-0018 shall be closed. Done this day, April 9, 2001.

________________________________ M. Douglas Administrative Law Judge

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

Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

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

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