ALJDEC decisions subject to certification as final

07F-S0195-ROC · Registrar of Contractors · 2008-03-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 3, 2008, at 1:30 p.m. APPEARANCES: The Complainant appeared through its authorized representative, Gary Segal. The Respondent appeared on his own behalf. 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. The Respondent is the holder of a Class C-48 License issued by the Registrar of Contractors. 2. The three matters at issue were consolidated for hearing since the three Complaints involve the same Complainant, the same Respondent, and the same type of construction work involved. 3. The Respondent is a subcontractor who performed tile work on the three residences at issue for Dividend Homes Inc. 4. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct his construction work to within applicable industry and workmanship standards despite repeated demands that he do so. 5. When the Respondent failed to comply with the Complainant’s repeated demands, the Complainant filed the formal Complaints at issue, against the Respondent, with the Registrar of Contractors. 6. Pursuant to the filing of the formal Complaints, an assigned Agency Inspector conducted an on-site inspection at each of the three residences and issued three written Corrective Work Orders directing the Respondent to perform designated corrective work on the three residences at issue. 7. The Corrective Work Order issued in 07F-S0195-ROC (The Complaint for the residence located at 260 Ivey Rd.) provides, in pertinent part, as follows: “License #173675 issued to Epperson Tile was inactivated on 04/16/07 and cannot do or subcontract recommended corrective work listed in this directive unless the license is re-activated. Contractor to correct the following by appropriate means: 1. Hollow sounding tile. 2. Cracked Grout.” 8. The Corrective Work Order issued in 07F-S0196-ROC (The Complaint for the residence located at 4297 Corte Tranquillo) provides, in pertinent part, as follows: “License #173675 issued to Epperson Tile was inactivated on 04/16/07 and cannot do or subcontract recommended corrective work listed in this directive unless the license is re-activated. Contractor to correct the following by appropriate means: 1. Hollow sounding tile. 2. Cracked grout. 3. Cracked tile.” 9. The Corrective Work Order issued in 07F-S0197-ROC(The Complaint for the residence located at 4377 Tierra Bien Ct.) provides, in pertinent part, as follows: “License #173675 issued to Epperson Tile was inactivated on 04/16/07 and cannot do or subcontract recommended corrective work listed in this directive unless the license is re-activated. Contractor to correct the following by appropriate means. 1. Hollow sounding tile. 2. Cracked grout. 3. Discoloration of grout.” 10. Credible testimony and evidence, presented at hearing, established the Respondent has failed to comply with any of the Corrective Work Orders issued in these matters. 11. Credible testimony and evidence established the tile work in the three residences at issue will require extensive corrective work in order to bring the tile work to within applicable industry and workmanship standards. 12. The Respondent’s actions, in failing to perform his construction work in a professional and workmanlike manner and in failing to respond to any of the Corrective Work Orders issued by the Registrar of Contractors in these matters, are found to constitute a wrongful act. 13. Notice is taken of the Respondent’s prior 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) (7) (Wrongful Act), (23) (Failure to take appropriate corrective action) and (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 the Respondent’s Class C- 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, March 13, 2008.

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2008, to:

Registrar of Contractors Fidelis V. Garcia 3838 N. Central Ave., Ste. 400 Phoenix, AZ 85012-1906

By ___________________________ -----------------------

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