ALJDEC decisions subject to certification as final

07F-M2264-ROC · Registrar of Contractors · 2009-03-11

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 25, 2009 APPEARANCES: Complainant appeared on her own behalf; Authorized Employee Brent Ford appeared for Respondent. ADMINISTRATIVE LAW JUDGE: Michael G. Wales _____________________________________________________________________ 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. Respondent, Pasco Construction, LLC, is, and during all times material hereto was, a contractor licensed by the Registrar of Contractors, and doing business in the State of Arizona, holding a Class K-21 license, Number 219765. 2. The administrative hearing held in this matter was a compliance hearing held pursuant to a Notice of Compliance Hearing issued by the Arizona Registrar of Contractors on January 20, 2009. That Notice directed that a compliance hearing be held to determine whether the Respondent had substantially complied with the terms and conditions of the Registrar of Contractors’ February 21, 2008 Default Decision and Order.

3. The Default Decision and Order referred to by the Registrar in the Notice provided that Respondent violated A.R.S. § 32-1154A. Pursuant to that Decision and Order, Respondent’s Class K-21 license was to be revoked on the effective date of the Order, April 1, 2008, unless Respondent accomplished the corrective work set forth in the filed Complaint and in the Registrar of Contractors’ written directive on or before the Order’s effective date. 4. On July 14, 2008, Respondent notified the Registrar of Contractors in writing that it had completed all remedial work at the jobsite. Complainant disagreed, and the Registrar of Contractors set the matter for a Compliance Hearing. 5. At the hearing, Complainant testified that Respondent has rectified nine of the original ten items complained of in her May 24, 2007 Complaint, and all of the items set forth in the July 11, 2007 Corrective Work Order issued by Registrar of Contractors Inspector Gerold. Complainant testified that Respondent has not addressed one remaining issue in her original complaint, i.e., pavers are not level, and Respondent has not rectified the one additional item set forth in her September 20, 2007 Addendum, incorporated into her original Complaint, i.e., that the pavers installed were not the color she contracted for.[1] 6. Respondent’s employee Brent Ford testified that Complainant continually changed the color that she wanted for the pavers and that Complainant had been offered $500.00 in the past to resolve the dispute about the pavers and another dispute about weeds. 7. Complainant testified that the $500.00 offer was not adequate compensation and presented three bids into evidence for the removal and replacement of 700 square feet of pavers, said bids ranging from $5,075.00 to $6,300.00. 8. This tribunal finds that Respondent has not substantially complied with the terms and conditions of the Registrar of Contractors’ February 21, 2008, Default Decision and Order which required Respondent’s Class K-21 license to be revoked unless Respondent accomplished the corrective work set forth in the filed Complaint and in the Agency’s written directive on or before the Order’s effective date. Respondent has not completed, caused, or arranged for, the removal of the existing incorrectly colored and unlevel pavers and replacement of properly colored pavers in a workman-like manner. 9. 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 one open complaint and eleven (11) resolved/settled/withdrawn complaints against its license. Respondent’s license is currently revoked. The first revocation was effective February 13, 2008, arising from Case No. M07-1918. The second revocation was effective April 17, 2008, arising from Case No. M07-1720.

CONCLUSIONS OF LAW 1. This hearing was held under authority of and pursuant to A.R.S. §§ 32-1154 and A.R.S. § 41-1092 et. seq. 2. The underlying disciplinary case resulted in the Registrar’s Default Decision and Order issued on February 21, 2008, adjudging Respondent to be in violation of A.R.S. § 32-1154A and requiring Respondent to accomplish the corrective work set forth in the filed Complaint and in the Agency’s written directive on or before the Order’s effective date. 3. Based on the preponderance of the evidence it is concluded that Respondent did not substantially comply with the Registrar’s Default Decision and Order issued on February 21, 2008 as Respondent did not accomplish all of the corrective work set forth in the filed Complaint and incorporated addendum. As Respondent’s license is currently revoked, revocation for failing to comply with the Registrar’s Default Decision and Order issued on February 21, 2008 is fully warranted and is the appropriate disciplinary penalty. . . .

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RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that Respondent’s Class K-21 license, (No. 219765), be revoked on the effective date of the Order entered in this matter.

In the event of certification of this Administrative Law Judge’s Decision and Order by the Director of the Office of Administrative Hearings, then the effective date of the Order shall be 40 days after the date of that certification. Done this day, March 16, 2009.

Office of Administrative Hearings

__________________________ Michael G. Wales Administrative Law Judge

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

Registrar of Contractors William A. Mundell, Director Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

By ________________________ ----------------------- [1] On October 26, 2007, prior to issuance of a formal Citation and Complaint, the Registrar of Contractors issued a Notice of Amendment to the parties incorporating Complainant’s September 20, 2007, addendum, and its contents into the original Complaint.

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