ALJDEC

01F-T0194-ROC · Registrar of Contractors · 2001-07-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 2, 2001; at 8:30 a.m. APPEARANCES: The Complainant appeared telephonically on her own behalf. The Respondent failed to appear. 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 purchased a new residence that had been constructed by the Respondent. 3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct its work to her satisfaction 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. Undisputed evidence, presented at the hearing, established that the Respondent failed to substantially comply with the terms and conditions of the written corrective work order. Undisputed credible evidence established that the following items required proper corrective action by the Respondent: f) The hole in the drywall by the hall bathroom mirror has not been corrected. The Respondent shall properly repair, and touch-up, the hole in the drywall. g) Undisputed evidence established that the garage door is out of adjustment. The Respondent shall properly correct the garage door. h) Undisputed evidence, presented at hearing, established that the Complainant has had the electrical installation inspected by a licensed electrician and that the electrician feels that a ground rod should be installed and that a kitchen fixture should be replaced at a total estimated cost of $588.00. The Respondent shall, utilizing a properly licensed electrical contractor cause the kitchen fixture to be removed and replaced and either cause a ground rod to be properly installed or provide written proof from the local building authority that it has inspected the residence and passed the electrical work without a ground rod. i) Undisputed evidence established that the Complainant’s HVAC system still leaks. The Respondent shall, utilizing a properly licensed HVAC contractor, cause the HVAC system to be properly repaired or replaced. 10. The remaining items of the Complaint and the corrective work order had been corrected to within applicable industry standards. 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 B- License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly caused corrective action to the items set forth above in Finding of Fact Nos. 5(a) through 5(d), inclusive. 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. T01-0194 shall be closed. Done this day, July 17, 2001.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of July, 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