ALJDEC

01F-T1225-ROC · Registrar of Contractors · 2002-02-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 29, 2001; at 1:30 p.m. APPEARANCES: The Complainant appeared 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 C-30 License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent entered into a construction agreement with the Complainant to build and install custom kitchen cabinets in her residence. 3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct its work 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 Respondent failed to respond to the written corrective work order. 6. The written corrective work order provides, in pertinent part, as follows: g) “… Taylor Made Kitchens, Inc., agreed to correct the bay window seat defects, paint inside the seat cabinets, install the trim between seats and wall tile, install trim at refrigerator enclosure wall, and correct splice of ornamental rail trim on top of upper cabinets.” h) “… Taylor Made Kitchens, Inc., agreed to fabricate and install screw covers for the lower screws of the upper cabinets.” 9. The Respondent’s actions, in failing to construct its cabinetry in a workmanlike manner and in failing to respond to the corrective work order, are found to constitute a wrongful act. 10. 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), (23) and (3); namely, Rule R4-9-108. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class C-30 License be revoked unless the Registrar of Contractors receives proof that the Respondent has properly accomplished the corrective action set forth above in Finding of Fact Nos. 6(a) and 6(b). 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. T01-1223 shall be closed. Done this day, February 6, 2002.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of February, 2002, 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