ALJDEC decisions subject to certification as final

06F-M2117-ROC · Registrar of Contractors · 2006-12-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 29, 2006. APPEARANCES: Hien T. Le appeared personally. MasterCraft Cabinets, Inc. was represented by its authorized employee, Todd Wolfe. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order:

FINDINGS OF FACT

1. MasterCraft Cabinets, Inc. (“Respondent”) is the holder of License No. 122044, a Class C-30 contracting license issued by the Registrar of Contractors. 2. Hien T. Le (“Complainant”) purchased a new home from Beazer Homes. 3. Beazer Homes hired Respondent to install kitchen cabinets in Complainant’s residence. 4. Respondent filed a complaint against Respondent with the Registrar of Contractors regarding seven kitchen cabinet doors and three corbels under the kitchen granite countertop. 5. In response to the filed complaint, the Registrar of Contractors’ assigned inspector, Jack Clark, performed a jobsite inspection to view the alleged deficient workmanship. After performing his inspection, Inspector Clark did not issue a Corrective Work Order requiring Respondent to perform any remedial repairs. 6. Respondent is found not to have been responsible for the delay in installing the three corbels. The delay was caused by the wall underneath the granite countertop not being plumb, which had to be corrected by another trade before the corbels could be installed. At the hearing Complainant announced that the corbels were no longer an issue. 7. Beazer Homes authorized Respondent to replace the seven cabinet doors and install the three corbels, the latter work being performed after the out of plumb wall had been repaired. Respondent properly performed such work. 8. Complainant contends that five cabinet doors are still defective due to visible wood joints in the center panels of the doors. 9. Complainant hired A‛N’B Home Inspections to conduct an inspection of his residence. 10. On or about September 1, 2006, Neil Brogren, an Arizona State Certified Home Inspector employed by A‛N’B Home Inspections, conducted a jobsite inspection of Complainant’s house and issued a written report. Inspector Brogren’s report contains, among other things, the following comment:

Joint in wood panel of several kitchen cabinets are visible. Recommend replacing these doors.

11. Inspector Brogren’s report was admitted into evidence. However, he did not testify at the hearing. 12. Todd Wolfe, Respondent’s installation/service manager, testified that the center panels of the kitchen cabinet doors are not solid wood. There are lines in the veneer. Mr. Wolfe testified that the lines in the veneer are within industry standards. 13. At the hearing, Inspector Clark testified that the lines in the panels of Complainant’s five kitchen cabinets are no more apparent than the joints in the cabinet doors. 14. Inspector Clark also opined that there were minimal color variations in the doors. 15. The Administrative Law Judge finds that the five kitchen cabinet doors meet minimum workmanship standards.

CONCLUSIONS OF LAW

1. The Registrar of Contractors has jurisdiction over Respondent and the subject matter in this case. 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 failed to demonstrate 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. 4. The evidence of record failed to demonstrate that Respondent violated the provisions of A.R.S. § 32-1154(A)(3), as cited in the Citation and Complaint issued by the Registrar of Contractors.

RECOMMENDED ORDER

The Citation and Complaint issued by the Registrar of Contractors in Case No. 06F-M2117 is dismissed. 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 19, 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 ___________________________

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