ALJDEC decisions subject to certification as final

07F-M1720-ROC · Registrar of Contractors · 2007-11-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 1, 2007. APPEARANCES: Nancy Van Der Veer appeared personally. Pasco Construction, L.L.C. was represented by its authorized employee, Brent Ford. 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:

FINDINGS OF FACT

1. Pasco Construction, L.L.C. (“Respondent”) is the holder of License No. 219765, a Class K-21 contracting license, issued by the Registrar of Contractors (“Registrar”). 2. On October 22, 2006, Nancy Van Der Veer (“Complainant”) entered into a written agreement with Respondent for landscaping work at her residence. 3. The total contract price was $3,710.00. By check dated October 22, 2006, Complainant paid Respondent a down payment of $1,855.00. 4. During the negotiations and after the parties’ written contract had been signed, Complainant dealt with Brent Ford, Respondent’s employee. 5. On or about January 19, 2007, Complainant made a request to Mr. Ford for the return of her down payment due to Respondent’s failure to perform its scope of work. 6. On or about February 12, 2007, Complainant filed a written Complaint with the Registrar against Mr. Ford. The Registrar’s assigned investigator, John Panter, conducted an investigation of Mr. Ford for possible unlicensed contracting activity on Complainant’s project. Investigator Panter closed the unlicensed case against Mr. Ford after determining that the work on the parties’ contract was to have been performed by Respondent. 7. Mr. Ford appears on License No. 154378, a Class C-21 contracting license issued to The Landscaping Edge, Inc. License No. 154378 was revoked by the Registrar on January 27, 2005. 8. Mr. Ford is found to have acted as Respondent’s authorized employee in this matter. 9. Complainant’s Complaint was designated Case No. M07-1720 by the Registrar, who processed the Complaint against Respondent. 10. By letter dated March 23, 2007, Complainant requested an administrative hearing in Case No. M07-1720 due to Respondent’s failure to return her down payment. 11. On or about June 22, 2007, a letter from Mr. Ford on behalf of Respondent was filed with the Registrar, the body of which reads as follows:

This letter is to confirm that Pasco Landscaping recognizes that they owe Nancy Van Der Veer $1,855.00 and intends to reimburse her as soon as possible. Our company is currently in the process of reorganizing and we are addressing this concern, with others, in the order they were received. Thank you for your time.

12. Respondent is found to have abandoned Complainant’s project 13. As of the date of the hearing, Respondent had not performed any work on Complainant’s project or returned her down payment. 14. At the hearing, Mr. Ford testified that Respondent did owe Complainant the sum of $1,850.00. However, Mr. Ford’s testimony that Complainant would be paid is found not to be credible. 15. Respondent’s abandonment of Complainant’s project and its failure to return her down payment are wrongful acts that substantially injured Complainant. 16. The Registrar’s official records reveal that Respondent’s license was issued by the Registrar on May 15, 2006. Scott Anthony Ford is named as Respondent’s member and qualifying party. Robyn Denise Ford is listed as a member. Respondent has seven open complaints and eight resolved/settled/withdrawn complaints against its license.

CONCLUSIONS OF LAW

1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. Respondent violated the provisions of A.R.S. § 32-1154(A) (1), as cited in the Citation and Complaint issued by the Registrar. 4. Respondent violated the provisions of A.R.S. § 32-1154(A) (7), as cited in the Citation and Complaint issued by the Registrar. 5. A.R.S. § 32-1154(B) authorizes the Registrar to impose disciplinary action upon a licensee for proven statutory and regulatory violations. The evidence of record supports the revocation of Respondent’s contracting license in Case No. M07-1720.

RECOMMENDED ORDER

Respondent’s License No. 219765 shall be revoked on the effective date of the Order entered in Case No. M07-1720. 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, November 19, 2007

______________________________________ Brian Brendan Tully 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 ___________________________

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