ALJDEC decisions subject to certification as final

06F-Y0231-ROC-COM · Registrar of Contractors · 2008-08-12

HEARING: August 8, 2008, at 1:30 p.m. APPEARANCES: The Complainants appeared through Brittney Brown. The Respondent failed to appear. 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. The Class KA-05 License issued to the Respondent was revoked on July 23, 2008. 2. On March 7, 2007, the parties entered into a Settlement Agreement wherein the Respondent agreed to: (1) Tear down and rebuild a water feature and (2) properly correct the retaining wall to within applicable industry tolerances and (3) reimburse the Complainants for their water loss. 3. On April 5, 2007, the Registrar issued an Order of Closing in accordance with the Administrative Law Judge’s Order Vacating Hearing in this matter due to the parties having entered into a Settlement Agreement. 4. On or About July 26, 2007, the Complainants submitted written correspondence with the Registrar asserted the Respondent had breached the terms of the parties’ Settlement Agreement. 5. On or about August 9, 2007, the Respondent, by and through its attorney of record, filed a response asserting the Respondent would make any necessary repairs on August 20, 2007. 6. On or about September 6, 2007, the Complainants submitted written correspondence with the Registrar providing the Respondent failed to return to the Complainants’ residence to complete the agreed upon corrective work. 7. An assigned Agency Inspector conducted an on-site inspection and determined the Respondent had failed to comply with the terms and conditions of the parties’ Settlement Agreement. 8. Undisputed credible testimony and evidence, presented at hearing, established the Respondent failed to comply with the terms and conditions of the parties’ Settlement Agreement. 9. The Respondent’s actions, in failing to perform its work in a professional and workmanlike manner and in failing to comply with the terms and conditions of its Settlement Agreement with the Complainants, are found to constitute a wrongful act. 10. 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) (7) (Wrongful Act), (23) (Failure to take appropriate corrective action) and (3); namely, Rule R4- 9-108 (Failure to perform work in a professional and workmanlike manner).

RECOMMENDed order In view of the foregoing, it is recommended the Respondent’s Class KA- 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, August 8, 2008. ______________________________________ M. Douglas Administrative Law Judge

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

Registrar of Contractors Fidelis V. Garcia 3838 N. Central Ave., Ste. 400 Phoenix, AZ 85012-1906

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

Office of Administrative Hearings 100 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 Fax: (520) 628-5575 www.azoah.com