ALJDEC decisions subject to certification as final

07F-1808-ROC-com · Registrar of Contractors · 2008-12-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

COMPLIANCE HEARING: November 25, 2008. APPEARANCES: Sherman Anderson appeared personally. Universal Cooling and Contracting, LLC, doing business as Universal Stucco and Painting, appeared through its qualifying party, Jason Wallace. 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 on Compliance:

FINDINGS OF FACT 1. Pursuant to the Notice of Compliance Hearing issued by the Registrar of Contractors (“Registrar”), this matter came on for a compliance hearing before the Office of Administrative Hearings to determine whether or not Universal Cooling and Contracting, LLC, doing business as Universal Stucco and Painting (“Respondent”), complied with the Registrar’s prior Order in Case No. 07-1808. 2. On February 20, 2008, Respondent changed its business name to the present name. Formerly, Respondent did business as Universal Cooling and Contracting. 3. At the compliance hearing, Complainant Sherman Anderson stated that the following items had not been remediated by Respondent: a) Finding No. 8: One of Complainants’ plants still has overspray on it, which has not been corrected by Respondent as required by the written directive. b) Finding No. 12: The three exterior doors at the back of the residence still have finishes that do not meet minimum workmanship standards. The surface paint is not uniform and there are two different finishes on the door. c) Findings No. 13: There is still paint on the northeast party of the driveway. 4. On November 21, 2008, the Registrar’s assigned inspector, Randy Cason, conducted a prehearing jobsite inspection to determine whether or not Respondent complied with the Registrar’s prior Order. 5. Inspector Cason addressed Finding No. 8. He observed that the subject plant had grown back and he could not see paint on the plant. Inspector Cason opined that Respondent had properly addressed this issue. 6. Inspector Cason concluded that Respondent had not properly addressed Finding No. 12. During the prehearing jobsite inspection, Inspector Cason observed paint chipping off the subject doors. On one of the doors, weather stripping was applied prior to painting. 7. Inspector Cason opined that Respondent had properly repaired the items described in Finding No. 13. While Inspector Cason observed some paint on another area of the driveway, that area was not observed during his first jobsite inspection and it was not included in the Registrar’s prior Order.

CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Respondent failed to comply with the Registrar’s Order in Case No. 07- 1808 by failing to correct Finding No. 12 to minimum workmanship standards.

RECOMMENDED ORDER ON COMPLIANCE Respondent’s License No. 195552 shall be immediately suspended pursuant to the terms of the Registrar’s Order in Case No. 07-1808. 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 15, 2008

______________________________________ Brian Brendan Tully Administrative Law Judge

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

Armando Contreras, 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