ALJDEC

02F-T0209-ROC · Registrar of Contractors · 2002-02-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 30, 2002; at 1:30 p.m. APPEARANCES: The Complainant appeared through its authorized representative, Michele Cervantez. The Respondent appeared through its authorized representative, Phillip T. Stallwood. 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 Respondent obtained light fixtures from the Complainant and installed them in several different residences that the Respondent was constructing. 3. There was no dispute that the Respondent has failed to pay the Complainant for the light fixtures nor was there any dispute that the Respondent owes the Complainant the sum of $4,229.25 for the light fixtures. 4. Credible evidence established that all of the residences have been sold, including the installed light fixtures, and that the Respondent failed to pay the Complainant when the residences were sold. 5. The Respondent’s actions, in failing to pay for the light fixtures in accordance with its original agreement with Complainant and then in repeatedly agreeing to pay the undisputed debt and failing to do so, are found to constitute a wrongful act. 6. 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), and (11). RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class B- License be revoked unless the Registrar of Contractors receives proof that the Respondent has properly paid the Complainant the sum of $4,229.25 for the Complainant’s light fixtures. It is further recommended that if the Respondent properly pays the above amount to the Complainant, on or before the effective date of this Order, then the above provided License revocation shall not take place and Citation No. T02-0209 shall be closed. Done this day, February 7, 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