ALJDEC decisions subject to certification as final

06F-T1184-ROC · Registrar of Contractors · 2007-02-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 29, 2007, at 1:30 p.m. APPEARANCES: The Complainants appeared through Maria Reyes. The Respondent appeared on his own behalf. A Spanish/English speaking interpreter was present and interpreted throughout the hearing. 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. Maris Reyes was added, without objection, as a named Complainant at the onset of the scheduled hearing. There was no dispute that Maria Reyes owns one half of the residence at issue and she prepared the written Complaint which was filed in this matter. 2. The Respondent is the holder of a Class B-03 License issued by the Registrar of Contractors. 3. The parties entered into a Construction Agreement wherein the Respondent agreed to remodel the Complainants’ existing residence and the Complainants agreed to pay the Respondent the sum of $23,000.00 for the Construction Agreement. 4. The Complainants paid the Respondent the entire $23,000.00 and the Respondent failed to complete the Construction Agreement. 5. The Complainants were dissatisfied with the Respondent’s workmanship and with the Respondent’s failure to correct and complete his work despite repeated requests that he do so. 6. When the Respondent failed to comply with the Complainants’ repeated requests, the Complainants filed a formal Complaint, against the Respondent, with the Registrar of Contractors. 7. 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. 8. The Corrective Work Order provides, in pertinent part, as follows: “License Number 191676 issued to CIMA Construction was suspended for non- renewal in March 2006 and cannot do or subcontract the following corrective work until the suspension is lifted. The completion of all contracted work with the Complainants, a licensed electrician and a licensed plumber should be contracted to check, correct and certify all electrical and plumbing work which was performed by the Respondent outside the scope of Respondent’s license. The work shall be performed in a professional and workmanlike manner, in accordance with any applicable building codes, workmanship standards for licensed contractors and professional industry standards.” 9. The Respondent failed to comply with the terms and conditions of the written Corrective Work Order. 10. Although the Registrar of Contractors normally allows a contractor a reasonable opportunity to correct its own construction deficiencies and errors subsequent to hearing, under all of the salient facts and circumstances presented herein, this Respondent should not be allowed to wreak any further havoc on the lives of these homeowners. 11. 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)(Abandonment of a contract), (7) (Wrongful Act), (9) (Failure in a material respect by the licensee to complete a construction project or operation for the price stated in the contract), (17) (Knowingly contracting beyond the scope of the license or licenses of the licensee) (23) and (3); namely, Rule R4-9-108. RECOMMENDed order In view of the foregoing, it is recommended the Respondent’s Class B- License be revoked. 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 the certification. Done this day, February 8, 2007.

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2007, to:

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

By ___________________________

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Office of Administrative Hearings 100 North Stone Avenue, Suite 704 Tucson, Arizona 85701 (520) 628-5488