ALJDEC decisions subject to certification as final

07F-1812-ROC · Registrar of Contractors · 2007-09-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 25, 2007 APPEARANCES: Complainant appeared on his own behalf and Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________ Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Pursuant to contract, Complainant retained Respondent to install new windows in his home. In this regard, on or about August 2006 he paid Respondent the sum of $2,843.00 as a down-payment for the contract.

2. Uncontroverted evidence of record established that Respondent not only failed to provide and install any windows in Complainant’s home but he has refused to refund the above-described $2,843.00 down-payment received from Complainant.

3. Although Complainant tried to resolve the situation with Respondent, he was unsuccessful and ultimately filed the instant Complaint with the Registrar of Contractors. Notwithstanding the filing of the Complaint, Respondent still failed to return Complainant’s money or install the contracted windows.

4. Respondent’s failure to install the windows, as per the applicable contract is determined to constitute an abandonment of the contract. In addition, Respondent’s failure to refund Complainant’s money is viewed as a wrongful act, within the meaning of the applicable charged section of the State’s Contracting laws.

5. By its failure to appear for the scheduled hearing, Respondent failed to present any matters in defense or mitigation.

6. Notice is hereby taken of official Registrar of Contractors public records, which reveal that Respondent’s contracting license has been revoked since January 10, 2007. Such revocation does not preclude this tribunal from conducting these administrative proceedings nor does it preclude the Registrar of Contractors from issuing separate disciplinary orders. Moreover, Respondent’s existing revoked license status must be considered when determining appropriate penalties in this case.

7. As set forth in the Citation and Complaint issued by the Registrar of Contractors, Respondent was advised that in the event of a finding of a violation against Respondent, Respondent’s prior disciplinary record of final Registrar of Contractors’ orders may be considered in mitigation or aggravation. Accordingly, subsequent to conclusion of the instant hearing, notice was taken of official records of the Registrar of Contractors regarding any prior final disciplinary orders against Respondent and said notice revealed numerous prior complaints that resulted in disciplinary action. Therefore, Respondent’s prior record is properly deemed to be horrendous and thus, is viewed as a matter in extreme aggravation for any disciplinary penalties to be imposed as a direct result of this case.

CONCLUSIONS OF LAW

Respondent violated the provisions of A.R.S. § 32-1154A (1) and (7).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Respondent’s Class C- license shall be revoked on the effective date of the Order entered in this 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 in this matter will be forty (40) days from the date of that certification.

Done this day, September 25, 2007.

______________________________________ Mark A. Silver 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 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826