ALJDEC decisions subject to certification as final

02F-H0214-ROC · Registrar of Contractors · 2003-09-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|CLARKE PLUMBING CO., |§| DOCKET NO.: 02f-h0214-RoC | |Complainant, |§| | | |§| | |-v- |§|DECISION AND ORDER OF | | |§| | |License No. 168488, Class KB-01 |§|ADMINISTRATIVE LAW JUDGE | |of |§| | |RYKIN CONTRACTORS CORPORATION |§| | |(CORP), |§| | |Respondent. |§| | | |§| |

HEARING: Tuesday, August 26th, 2003, at 8:45 a.m. APPEARANCES: Complainant appeared through its owner, Mr. Don Clarke. Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: Grant Winston

The administrative hearing of this matter was held by the Office of Administrative Hearings, in Kingman, Arizona. Testimony was heard and other evidence admitted to the record, and, based on the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made. FINDINGS OF FACT 1. Respondent, Rykin Contractors Corporation, Inc., was, during the time material to Complainant’s complaint, a contractor licensed by and doing business in the State of Arizona, formerly holding Class KB-01 License number 168488. 2. Respondent’s license was suspended by the Arizona Registrar of Contractors on September 10th, 2002, for lack of a qualifying party. The license was again current by the time of the filing of complainant’s complaint on March 11th, 2003. Respondent’s license was revoked by the Arizona Registrar of Contractors on January 24th, 2003, in cases numbered P03-0017, and P03-0052. The license remained revoked at the time of this hearing. 3. Complainant’s complaint is that Respondent failed to pay Complainant for plumbing work Complainant performed as subcontractor to Respondent in late 2001 and early 2002, at a job site in Seligman, Arizona. 4. The written contract for the subject work is part of the record. It shows that the parties contracted on October 31st, 2001. Complainant performed pursuant to the contract. 5. Complainant’s evidence at the hearing proved that Respondent has yet to pay Complainant the sum of $4,078.81 under the contract, and that amount is due and owing Complainant from Respondent. 6. Respondent failed to appear at the administrative hearing of Complainant’s complaint, thus the whole of Complainant’s evidence is undisputed. 7. Notice is taken of the Respondent’s prior license record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. This administrative hearing was held under authority of and pursuant to A.R.S. §32-1156, and A.R.S. §41-1092. 2. Respondent herein is charged in the instant Citation and Complaint with possible violations of A.R.S. §32-1154.A.7., and 11. 3. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154.A.11. Respondent has failed to pay Complainant $4,078.81, which is due Complainant, for materials or services rendered by Complainant in connection with Respondent’s operations as a contractor. No evidence is in the record supporting a conclusion that the Respondent has any justification for the failure to pay as set forth in A.R.S. §32-1154.A.11. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class KB-01 License number 168488 shall be revoked unless the Registrar of Contractors receives written proof that the Respondent has paid Complainant $4,078.81 on or before the effective date of this order (40 days after the date of service shown by the Registrar’s certification on the order). It is further recommended that if the Registrar receives proof that Respondent has made the payment to Complainant, on or before the effective date of this order, then the above provided License revocation shall not take place and Citation and Complaint Number H02-0214 shall be closed. Done this day, September 9th, 2003.

________________________________ GRANT WINSTON Administrative Law Judge

Original transmitted by mail this ____ day of September, 2003, to:

Israel G. Torres, Director Registrar of Contractors ATTN: Jennifer Brown 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