ALJDEC decisions subject to certification as final

07F-M1813-ROC-com · Registrar of Contractors · 2009-07-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 27, 2009 APPEARANCES: Complainant Sharon Franklin failed to appear. Art Pederson, Esq. represented Respondents Lennar Arizona Construction, Inc. and U.S. Home of Arizona Construction Co. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ Based upon the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Order are made: FINDINGS OF FACT 1. The hearing in this matter was scheduled to “determine whether or not Complainant has unreasonably interfered on denied access to Respondents to comply with the directives set forth in the Registrar of Contractors’ October 7, 2008 Order.” 2. Respondents presented credible, probative, and substantial evidence establishing that they have substantially performed the required corrective work, as the door thresholds have been replaced and caulked. The only remaining item of corrective work is touch-up painting.

3. Andrew Lesniewski, Operations and Customer Care Manager for Respondent Lennar Arizona Construction Co., credibly testified that Respondents have completed the repair work pursuant to the Corrective Work Order. However, Complainant has denied access to Respondents since November 2008, notwithstanding Respondents’ numerous attempts to contact Complainant to schedule the remaining touch up work. Respondents sent letters and emails to Complainant on a monthly basis, and Complainant failed to respond to the correspondence. 4. By Complainant’s default in appearance, Complainant did not present any controverting evidence at the hearing. CONCLUSION OF LAW 1. The credible evidence of record established that Respondents have substantially complied with the Registrar of Contractors’ October 7, 2008 Order. The credible evidence of record further established that Complainant has denied access to Respondents to complete the remaining repair work. RECOMMENDED ORDER In view of the foregoing, it is recommended that these Citations (Nos. M07-1813 and M07-1813W), together with the Complaints upon which they are based, be closed. 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, July 28, 2009. ______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of July, 2009, to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 North Central Avenue Phoenix, AZ 85012 By ___________________________ -----------------------

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