ALJDEC

01F-T0127-ROC · Registrar of Contractors · 2001-06-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 1, 2001; at 8:30 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Pedro Pliego. 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. The Respondent’s Class B- License is on suspended status. 2. This is a residential matter where the Respondent constructed a new residence for the Complainant. 3. The Complainant became very dissatisfied with the Respondent’s workmanship and failure to complete the construction of the residence despite repeated requests that it do so. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors. 4. 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. 5. The Complainant then filed amendments to his complaint and the assigned agency inspector conducted additional onsite inspections and issued two additional corrective work orders in this matter. 6. All of the written corrective work orders directed the Respondent to complete the specified corrective action no later than 15 calendar days from the date of issue. 7. Credible testimony and evidence, presented at hearing, established that the Respondent failed to comply with any of the corrective work orders within the time period set forth in the written corrective work orders. 8. Credible testimony established that the Respondent has failed to perform any of the corrective actions set forth in the written corrective work orders and that the Respondent has failed to perform, or cause to be performed, any corrective action on the Complainant’s residence. 9. Credible testimony established that the Respondent charged personal items to the Complainant’s construction account without the Complainant’s permission. 10. The Respondent’s actions in failing to comply with applicable plans and specifications and in failing to comply with the written corrective work orders issued in this matter, are found to constitute a wrongful act. 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)(2), (7) (Wrongful Act), (23) and (3); namely, Rule R4-9-108. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class B- License be revoked. Done this day, June 19, 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