ALJDEC

01F-S0026-ROC · Registrar of Contractors · 2001-04-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 28, 2001 at 8:30 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Adele Crouch. The Respondent appeared through its authorized representative, Mary Garcia. 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 C-37R License issued by the Registrar of Contractors. 2. The Complainant is a property manager. The Complainant contacted the Respondent to perform emergency plumbing work on one of the rental units that it was managing. 3. The Complainant authorized plumbing work on the plumbing items that required immediate attention. In addition to the emergency plumbing repairs, the Respondent re-plumbed the entire residence pursuant to an agreement with the owner of the rental unit. 4. The occupants of the rental unit complained to the Complainant regarding the length of time that the rental unit was without water and about the Respondent’s workmanship and the Complainant complained to the Respondent. 5. Credible evidence, presented at hearing, established that the Respondent was antagonistic towards the Complainant and the parties’ personal relationship deteriorated rapidly. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors. 6. Pursuant to the filing of the formal complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written corrective work order directing the Respondent to perform designated corrective work on the Complainant’s residence. 7. The written corrective work order directed the Respondent to obtain a required permit and to properly correct a hole in the second bathroom floor and to correct a hole in the exterior of the east wall. 8. Credible evidence, presented at hearing, established that the Respondent has acquired the required building permit. The Respondent is admonished that building permits are to be properly obtained prior to the performance of construction work not in response to a corrective work order. 9. Credible evidence established that the Respondent has performed corrective work on the hole in the second bathroom floor and on the exterior of the east wall but that the Respondent’s corrective actions fail to comply with applicable minimum workmanship standards. The Respondent shall, utilizing a properly licensed contractor, cause the proper correction of the hole in the second bathroom floor and the hole in the exterior of the east wall and shall have the two holes properly repaired. 10. Credible evidence, presented at hearing, established that the cost of the project was within the amount set forth in the Respondent’s written agreement with the owner of the rental property and that the Respondent and the owner of the property have already entered into a financial settlement agreement regarding portions of the Respondent’s plumbing work that failed. 11. 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) (23) and (3); namely, Rule R4-9- 108. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class C-37R License shall be suspended until the Registrar of Contractors receives proof that the Respondent has, utilizing a properly licensed contractor, caused the correction of the hole in the second bathroom floor and the hole in the exterior of the east wall of the rental unit. 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 suspension shall not take place and Citation No. S01-0026 shall be closed. Done this day, April 10, 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