ALJDEC

02F-Y0025-ROC · Registrar of Contractors · 2002-01-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 11, 2002; at 8:30 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Danny Bolser. 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 KB-02 License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent constructed an addition to the Complainant’s existing residence. 3. During the course of construction, the parties developed a particularly antagonistic relationship. The parties displayed a near inability to effectively communicate with each other. 4. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct its work to his satisfaction despite repeated requests that it do so. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors. 5. 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. 6. The Respondent has returned to the residence and some corrective action has been performed. However, credible evidence established that the following items still fail to comply with applicable workmanship standards and require proper corrective action: g) The shower still leaks. The Respondent shall cause the leaking shower to be properly repaired or replaced. h) The Respondent utilized two types of molding for the bathroom closet shelves. The two types of molding do not match. The Respondent shall cause one of the types of molding to be removed and replaced with molding that matches the remaining type of molding. If necessary to obtain a proper match, the Respondent shall cause all of the molding to be replaced. i) There are still drywall seams visible in the walk-in closet and the south side of the hallway. The Respondent shall cause all of the drywall seams to be properly corrected. j) There are still visible hammer marks on the door frame. The Respondent shall cause the hammer marks to be properly corrected and touched-up. 11. The remaining items of the complaint and the corrective work order were either shown to have been corrected prior to the hearing or shown to comply with applicable plans and specifications. 12. Although the Registrar of Contractors normally allows a contractor a reasonable opportunity to correct its own construction deficiencies and errors subsequent to hearing, under all of the salient facts and circumstances presented herein, particularly in view of the very volatile relationship between the parties, this Respondent should not return to the Complainant’s residence. Thus, any condition placed into this Order for the purpose of allowing Respondent to accomplish corrective work as a means to reduce or eliminate otherwise appropriate disciplinary penalties should include the requirement that Respondent cause another properly licensed contractor of the Respondent’s choice to complete the project. 13. The Complainant is admonished that any unreasonable denial of access may be treated as the substantial equivalence of compliance. 14. 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 KB-02 License be revoked unless the Registrar of Contractors receives proof that the Respondent has, utilizing a properly licensed contractor, caused the proper correction of the items set forth above in Finding of Fact Nos. 6(a) through 6(d), inclusive. It is further recommended that if the Respondent causes the proper accomplishment of 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. Y02-0025 shall be closed. Done this day, January 29, 2002.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of January, 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