ALJDEC decisions subject to certification as final

07F-P0190-ROC · Registrar of Contractors · 2007-12-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 10, 2007, at 1:30 p.m. APPEARANCES: The Complainant appeared through its attorney, Patrick Monahan. The Respondent failed to appear. 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 Recommendation are made:

FINDINGS OF FACT 1. Respondent is the holder of a Class B- License issued by the Registrar of Contractors. 2. Pursuant to its written Proposal/Contract with the Respondent, the Complainant performed specified carpentry finish work on a new residence being constructed on Lot 27 Chaparral Pines, Payson Arizona wherein the Respondent was acting in the capacity of a general contractor. 3. There was no dispute that the Complainant completed all of the specified work, including authorized extras and/or change orders. Although the Complainant fully completed its construction work and has repeatedly billed the Respondent for the completed construction work, the balance remains due and owing. 4. Undisputed credible evidence, presented at hearing, supports a finding that the sum of $14,163.00 is the proper balance due and owing to the Complainant from the Respondent. 5. There was no dispute that notwithstanding repeated attempts and billings over a prolonged period of time, said balance of $14,163.00 remains unpaid. 6. The Respondent ‘s failure to pay the aforementioned sum of $14,163.00 to the Complainant is not found to be in good faith; accordingly, under all of the facts and circumstances presented herein the Respondent’s conduct is found to constitute a violation of the applicable charged provision of the State’s Contracting Laws. 7. Notice is taken of the Respondent’s prior license record with the Registrar of Contractors.

CONCLUSIONS OF LAW 1. The Respondent violated the provisions of A.R.S. §32-1154A (11).

RECOMMENDED ORDER In view of the foregoing, it is recommended the Respondent’s Class B- License be revoked. 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, December 10, 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 ___________________________

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