ALJDEC decisions subject to certification as final

06F-M2009-ROC · Registrar of Contractors · 2006-12-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 4, 2006. APPEARANCES: Raymond C. Adams appeared personally. Moore’s Roofing, Inc. did not appear. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. Moore’s Roofing, Inc. (“Respondent”) is the holder of License No. 172134, a Class K-42 contracting license issued by the Registrar of Contractors. 2. On or about January 27, 2006, Raymond C. Adams (“Complainant”) entered into an agreement with Respondent for the removal of existing shingles and the installation of new shingles with underlay at his residence in Apache Junction, Arizona. Complainant also lives in Reynolds, North Dakota. 3. On or about January 27, 2006, Complainant paid Respondent the sum of $1,690.00, which represented one-half of the contract price. 4. On or about April 10, 2006, Complainant requested that Respondent return his down payment as no work had been performed by Respondent and he was returning to North Dakota for Easter. 5. The commencement of the hearing in this matter was delayed approximately 15 minutes to allow for the late arrival of an authorized representative for Respondent. After the delay, the Administrative Law Judge conducted the hearing in Respondent’s absence. 6. Respondent has neither returned Complainant’s down payment nor performed any of its scope of work. Therefore, Respondent is found to have abandoned its contractual obligations owed to Complainant without any legal justification. 7. Respondent’s abandonment of its contract with Complainant is a wrongful act that has substantially injured Complainant. Respondent has retained Complainant’s down payment and has not performed any of its scope of work. 8. There is no evidence that Respondent used any false, misleading or deceptive advertising in this matter. 9. A review of the official records of the Registrar of Contractor reveals that Respondent’s License No. 172134 has been revoked on numerous occasions since September 12, 2006.

CONCLUSIONS OF LAW

1. The Registrar of Contractors has jurisdiction over Respondent and the subject matter in this case. Pursuant to A.R.S. § 32-1154(C), the revocations of Respondent’s license do not deprive the Registrar of Contractors of authority to impose additional discipline upon that license for proven statutory violations in this matter. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. The evidence of record demonstrated that Respondent violated the provisions of A.R.S. § 32-1154(A)(1), as cited in the Citation and Complaint issued by the Registrar of Contractors. 4. The evidence of record demonstrated that Respondent violated the provisions of A.R.S. § 32-1154(A)(7), as cited in the Citation and Complaint issued by the Registrar of Contractors. 5. The evidence of record did not demonstrate that Respondent violated the provisions of A.R.S. § 32-1154(A)(16), as cited in the Citation and Complaint issued by the Registrar of Contractors.

RECOMMENDED ORDER

Respondent’s License No. 172134 is revoked on the effective date of the Order entered in Case No. M06-2009. In the event of certification of the 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, December 21, 2006

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2006, to:

Fidelis V. Garcia, Acting Director Registrar of Contractors Legal Department 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________ -----------------------

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