ALJDEC

02F-RF0276-ROC · Registrar of Contractors · 2002-04-22

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 19, 2002.

APPEARANCES: >The Plaintiff, Karen Picarello, appeared in her own behalf. >The Defendant, All Pro Roofing, failed to appear. >The Residential Contractor’s Recovery Fund (herein called the “Recovery Fund”) was represented by Assistant Attorney General, Daniel R. Christl, Esq.

ADMINISTRATIVE LAW JUDGE: Robert I. Worth _____________________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT

1. The start of the hearing that had been scheduled upon advance notice duly sent to all interested parties was delayed for almost twenty minutes so as to afford additional time for Defendant to appear. However, Defendant did not appear individually or through any proper legal representative.

2. Defendant’s contracting license has been previously revoked by the Registrar of Contractors as a result of disciplinary proceedings establishing violations of the State’s contracting laws. Such revocation renders the Defendant statutorily unable to comply with any Orders or directives to rectify construction deficiencies that gave rise to the within claim for damages by this Plaintiff.

3. Notice of the proposed claim for an administrative payout from the Recovery Fund in the amount of $7,996.08, as well as a notice of the hearing date, has been sent to Defendant at the last address of record. By the failure to appear at or participate in the scheduled hearing, Defendant presented no evidence in opposition to the Recovery Fund award sought hereunder by Plaintiff.

4. The Recovery Fund received advance notification of the existence and amount of the above-named Plaintiff’s claim for an administrative payout. Notwithstanding the Fund’s prior opposition to the filed claim, all such objections were subsequently withdrawn following Plaintiff’s expressed willingness to reduce the total amount originally claimed from $7,996.08 to the sum of $3,640.60. Such reduced amount coincided with the monies paid by Plaintiff to Respondent under their contractual arrangements.

5. The Plaintiff, individually, and the Recovery Fund, through its counsel, have confirmed on the record at the hearing their mutual agreement to lower the amount claimed to $3,640.60, thereby effectively amending that portion of the prior notice of claim. Since the revised and modified total amount is less than the sum that was originally stated in the aforesaid notice of claim, as to which the Defendant either failed to object or failed to appear and contest, it is deemed unnecessary to issue a new notice to Defendant reflecting the lower claim from the Recovery Fund.

6. The terms of the foregoing settlement agreement between Plaintiff and the Recovery Fund appeared to be fair and reasonable under all the circumstances, and the agreement was determined to be the product of knowing and voluntary action on the part such identified parties.

7. It is found and determined, based upon the entire file in this case and in accordance with the contents of the settlement agreement, as concluded at the scheduled hearing, between the two parties in attendance at such hearing, that the sum of $3,640.60 represents a proper and reasonable amount payable by the Recovery Fund to Plaintiff to remedy contracting law violations by Defendant.

CONCLUSIONS OF LAW

1. Under the facts and circumstances of this case, the Registrar is empowered to determine and award proper payment to Plaintiff from the Residential Contractor’s Recovery Fund pursuant to the provisions of A.R.S. § 32-1154(E).

2. The entire case record hereunder supports an award to Plaintiff in the sum of $3,640.60, all of which shall be appropriately chargeable against Defendant and/or persons on the license as set forth in A.R.S. §32- 1139(B).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that commencing on the effective date of this Order (thirty-five [35] days after the date of mailing by the Registrar of

Contractors) that the Registrar shall commence and finalize payment procedures from the Recovery Fund to Plaintiff in the amount of $3,640.60 for damages.

Dated: April 24, 2002. OFFICE OF ADMINISTRATIVE HEARINGS

____________________________________ Robert. I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Michael P. Goldwater , Director Registrar of Contractors 800 West Washington (6th Floor) Phoenix, AZ 85007

ATTN: Joyce Armijo

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826