ALJDEC decisions subject to certification as final

03F-H0180-ROC · Registrar of Contractors · 2003-07-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 16, 2003 at 1:30 p.m. APPEARANCES: The Complainant appeared on his 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 B- License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent performed work as a concrete subcontractor on the Complainant’s residence. 3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct his work despite repeated requests that he do so. 4. When the Respondent failed to comply with any of the Complainant’s requests, the Complainant 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 written corrective work order provides, in pertinent part, as follows: “1. Repair concrete crack in two lower sections of RV driveway. Repair crack in rear RV driveway. 2. Replace concrete slab on top right hand side of RV driveway. 3. Replace entire RV/carport slab.” 7. There was no dispute that the Respondent failed to respond to the written corrective work order. 8. The Respondent’s actions, in failing to comply with applicable workmanship standards and in failing to comply with the terms and conditions of a written corrective work order, are found to constitute a wrongful act. 9. 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 B- License be revoked. Done this day, July 31, 2003.

________________________________ M. Douglas Administrative Law Judge

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

Israel G. Torres, Director Registrar of Contractors ATTN: Jennifer Brown 800 West Washington, 6th Floor Phoenix, AZ 85007

By ____________________________

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