ALJDEC decisions subject to certification as final

06F-M2501-ROC-COM · Registrar of Contractors · 2008-02-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 19, 2007. The record in this matter was closed on February 12, 2008 after Complainant withdrew her remaining issues prior to the scheduled further hearing date. APPEARANCES: Katherine Nelson appeared personally and was represented by her attorney, Milton A. Wagner, Esq. Drake Development, Inc. was represented by its attorney, Richard Allemann, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ This matter came on for a compliance hearing to determine whether or not Respondent complied with the prior Order issued by the Registrar of Contractors in this matter. Complainant originally contented that Respondent failed to comply with items numbered 1, 8, and 9 of the Corrective Work Order issued by the Registrar of Contractors in this matter. During the course of the compliance hearing Complainant withdrew her contention that Respondent failed to comply with items 1 and 9. Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order on Compliance:

FINDINGS OF FACT

1. The sole remaining issue in this matter is whether or not Drake Development, Inc., complied with the prior Order issued by the Registrar of Contractors (“Registrar”) as to a kitchen cooktop in Katherine Nelson’s (“Complainant”) kitchen. 2. On or about September 6, 2007, a Jenn Air cooktop Model # JEC 8430 ADS was installed at Complainant’s residence at Respondent’s direction by Associated Appliance Sales. 3. Both Complainant and Respondent approved the selection of the Jenn Air cooktop Model # JEC 8430 ADS to replace Complainant’s prior cooktop. 4. On or about September 6, 2007, Complainant acknowledged in writing that the new unit had “no visual defects,” that it appeared “to be operating correctly,” and that she was “completely satisfied with this unit in its entirety.” 5. On or about October 16, 2007, Complainant further acknowledged in writing that the surface surrounding the newly installed cooktop had been properly finished. 6. Respondent satisfied the requirement that it comply with the Corrective Work Order requirement to replace Complainant’s cooktop as a condition to avoid the imposition of disciplinary action upon its contracting license.

CONCLUSIONS OF LAW

1. The Registrar has jurisdiction over Respondent and the subject matter in this compliance hearing. 2. Pursuant to the prior Order of the Registrar adopting the Administrative Law Judge Decision in Case No. M06-2501, Respondent has complied with the requirement that it replace Complainant’s cooktop as a condition to avoid the suspension of its contracting license. 3. Pursuant to the prior Order of the Registrar in this matter, Case No. M06-2501 shall be closed, subject to the civil penalty previously ordered to be paid in this matter.

RECOMMENDED ORDER ON COMPLIANCE

Case No. M06-2501 shall be closed on the effective date of the Order issued in this compliance matter. 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, February 25, 2008

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2008, to:

Fidelis V. Garcia, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

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

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