ALJDEC decisions subject to certification as final

04F-H0246-ROC · Registrar of Contractors · 2004-11-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 29, 2004, at 9:00 a.m. APPEARANCES: The Complainants appeared through Barbara Mynhier. 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 C-37R License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent entered into a construction agreement with the Complainants for the installation of a radiant floor heating system in the Complainants’ residence. 3. There was no dispute that the Respondent began construction of the floor heating system and then stopped work on the construction project leaving the heating system in an unfinished condition. 4. The Complainants then filed a formal complaint, against the Respondent, with the Registrar of Contractors. 5. Undisputed credible testimony and evidence, presented at hearing, established that the Respondent improperly abandoned the construction project leaving the Complainants with an unfinished heating system and that the Respondent failed to return to the Complainants’ residence and complete the construction project despite repeated requests that it do so. 6. The Respondent’s actions, in abandoning a construction project and failing to return and properly complete the construction project, are found to constitute a wrongful act. 7. 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) (1) and (7).

RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class C-37 License be revoked unless the Registrar of Contractors receives proof that the Respondent has properly completed the installation of the floor radiant heating system in the Complainants’ residence. It is further recommended that if the Respondent properly accomplishes the above described corrective action, on or before the effective date of this Order, then the above provided License revocation not take place and that instead the Respondent’s Class C-37 License be placed on disciplinary probation for a period of 180 days commencing on the effective date of this Order. In the event of certification of this Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the order will be 40 days from the date of that certification. Done this day, November 3, 2004

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2004, to:

Registrar of Contractors Israel G. Torres 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