ALJDEC decisions subject to certification as final

06F-Y0210-ROC · Registrar of Contractors · 2006-12-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 28, 2006, at 1:30 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Robert Edgington. 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-61 License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent performed remodeling work on the Complainant’s residence on a time and material basis.

3. The Complainant was dissatisfied with the Respondent’s workmanship and with the Respondent’s failure to correct and complete its work to the Complainant’s satisfaction despite repeated requests that it do so. 4. When the Respondent failed to comply with the Complainant’s demands the Complainant filed a formal Complaint, against the Respondent, with the Registrar of Contractors on or about April 10, 2006. 5. Pursuant to the filing of the formal Complaint, an assigned Agency Inspector conducted an on-site inspection and on June 7, 2006, issued a written Corrective Work Order directing the Respondent to perform designated corrective work on the Complainant’s residence. 6. The Corrective Work Order provides, in pertinent part, as follows: “Complaint #1: Kitchen counter is spliced in several pieces at back splash. Counter is not level. Contractor shall provide counter installation to be in one piece unless properly spliced. Counter to be level. Contractor shall correct by appropriate means. Complaint #4. 3 sets of bypass doors have been installed poorly and do not operate correctly. Contractor shall assure of proper installation of the 3 sets of bypass doors. Doors shall operate correctly. Contractor shall correct by appropriate means.” 7. On June 24, 2006, the Complainant filed a request for an administrative hearing. 8. There was no dispute that on September 7, 2006, a civil court with competent jurisdiction issued a judgment in Case No. J-1003-CV-[number redacted] which was between Plaintiff/Defendant Robert A. Edgington (Respondent herein) and Defendant/Counter Claimant Walt Puciata (Complainant herein). 9. A copy of the civil court judgment is attached hereto as Exhibit “A.” 10. The civil judgment provides, in pertinent part, as follows: “Having heard and considered the evidence presented in Plaintiff’s claim. Judgment is given in favor of Plaintiff for the following $1,265.60 Amount plus $48.00 Court Costs…Having heard and considered the evidence presented in Defendant’s Counterclaim in this action, Judgment is given in favor of Defendant for the following: $401.00 Amount, Plus $16.00 Court Costs.” 11. Credible testimony and evidence, presented at hearing established the civil court considered the same testimony and evidence presented at the administrative hearing in this matter and this matter has been fully ruled upon by the civil court. 12. Credible testimony and evidence established the Respondent in this matter was awarded a final judgment against the Complainant in this matter in the sum of $896.60. 13. There was no dispute that the Complainant has not yet paid the civil judgment.

CONCLUSIONS OF LAW 1. It is a well settled doctrine and policy of law that final judgments of civil courts may not be subject to collateral attack in subsequent proceedings. The findings and judgment in Small Claims Division Case No. J-1003-CV-20060004 is res judicata as to the issues and allegations in the instant Complaint.

RECOMMENDEd Order In view of the foregoing, it is recommended this matter be dismissed. 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, December 5, 2006.

______________________________________ M. Douglas Administrative Law Judge

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

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

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

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