ALJDEC decisions subject to certification as final

07F-P0021-ROC · Registrar of Contractors · 2007-08-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 23, 2007 at 9:00 a.m. APPEARANCES: The Complainants appeared through John Land. The Respondent appeared through its authorized representative, David Morrow. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and, based upon the entire record; the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT 1. Respondent is the holder of a Class B- License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent constructed a new residence for the Complainants. . 3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct its work to their satisfaction despite repeated demands that it do so. 4. When the Respondent failed to comply with the Complainants’ demands requests, the Complainant then filed a formal Complaint, against the Respondent, with the Registrar of Contractors. 5. Pursuant to the filing of the formal Complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written Corrective Work Order directing the Respondent to perform designated corrective work on the Complainant’s residence. 6. There was no dispute that the Respondent complied with the terms and conditions of the Corrective Work Order. 7. During the course of construction and the performance of the directed corrective work the parties have developed a very antagonistic relationship. 8. The only item presented at hearing was the issue of the cedar plates that were not installed with the outdoor light fixtures for the residence. 9. There was no dispute that the item is on the November 6, 2006, addendum to the Complainants’ Complaint. The assigned Agency Inspector examined the outdoor light installation and found as follows: “6. Install cedar plates under all outside light fixtures: In the opinion of this Inspector this was not called for and no way of telling if this had been discussed. No action required.” 10. Mrs. Land testified that the Complainants conducted an onsite inspection of the residence while it was under construction with Mr. Morrow and observed that the outdoor lights were installed without plates and were out of plumb. The Complainants voiced their concern to Mr. Morrow and the Respondent agreed to install plates for the outdoor lights to correct their out of plumb appearance. Mrs. Land’s testimony is found to be credible. 11. Credible testimony and evidence, presented at hearing, established the Respondent failed to comply with its agreement to correct the out of plumb appearing exterior lights by installing cedar plate behind the exterior lights. 12. The Respondent’s action, in failing to comply with its agreement to install cedar plates behind the exterior lights, is found to constitute a violation of the charged provisions of A.R.S. §32-1154(a) (3). 13. Notice is taken of the Respondent’s prior good License record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154 (A) (3); namely, Rule R4-9-108 (Failure to perform work in a professional and workmanlike manner).

RECOMMENDED ORDER In view of the foregoing, it is recommended, commencing on the effective date of the Registrar’s Order, that the Respondent’s Class B- License be suspended until the Registrar of Contractors receives proof that the Respondent has properly complied with its agreement with the Complainants by installing cedar plates behind the exterior lights on the Complainants’ residence. It is further recommended if the Respondent properly accomplishes the above described corrective action on or before the effective date of this Order, then the above provided License suspension shall not take place and this matter be closed. In the event of certification of this 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 the certification. Done this day, August 23, 2007.

______________________________________ M. Douglas 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 ___________________________ -----------------------

Office of Administrative Hearings 100 North Stone Avenue, Suite 704 Tucson, Arizona 85701 (520) 628-5488