ALJDEC decisions subject to certification as final

07F-G1237-ROC · Registrar of Contractors · 2007-09-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 17, 2007 APPEARANCES: The Complainant represented himself. No one appeared for the Respondent. ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact This matter came on for hearing as scheduled. The Respondent did not appear for the hearing and the reason for the failure to appear is unknown. The evidence presented by the Complainant and the facts of the case are not contested. Findings of Fact 1. On May 16, 2006, the parties entered a contract whereby the Respondent would add a 434 square foot “Casita” to the Complainant’s home in Desert Hills, Arizona[1]. 2. The contract did not have the Respondent’s license number preceded by the acronym “ROC”. 3. The total contract was in the amount of $66,500.00. The Complainant paid 10% or $6,650.00 to the Respondent by check dated May 16, 2006. 4. The Respondent failed to perform any work on the project.[2] 5. The Complainant’s telephone contacts with the Respondent only brought about excuses and continued delay. 6. The Complainant filed the Complaint with the Registrar of Contractors on February 1, 2007. 7. The Complainant is seeking reimbursement of the initial payment to the Respondent. 8. The Respondent’s license was suspended September 22, 2006, for lack of bond. Subsequently the license has been revoked multiple times for violations in multiple cases. Conclusions of Law The Citation and Complaint alleges violations of A.R.S. §32-1154(A)(1) Abandonment, (3), A wrongful act with substantial injury, and (13)/ A.R.S. §32-1324(B), Failure to have the license number and “ROC” acronym on a written bid. 1. The evidence is uncontested and requires no analysis. 2. The facts show the violations are proven as charged. Recommended Order It is recommended that on the effective date of the Order[3] entered in this matter, the Respondent’s Class KB-02 license shall be revoked. Done this day, September 17, 2007

______________________________________ Allen Reed Administrative Law Judge

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

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

By ___________________________

----------------------- [1] South of Anthem [2] The Complainant testified the Respondent had drawn up plans and submitted them to the county but they were inadequate with respect to heating and air conditioning, plumbing and electrical. [3] Forty (40) days from the date of the Order or date of certification if certified by the Director of the Office of Administrative Hearings.

-----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826