ALJDEC decisions subject to certification as final

07F-S0204-ROC · Registrar of Contractors · 2009-01-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 7th, 2009; 1:30 p.m. APPEARANCES: Complainant, Maravilla Rentals, was represented by Mr. Oscar Villasenor, Vice President. Respondent, Mr. Anthony Wayne Dexter, doing business as Dexter Construction, was represented by Mr. Joe L. Machado, Attorney-at-Law. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ The administrative hearing of this matter was held in the Office of Administrative Hearings, Tucson. Testimony was heard and other evidence admitted to the record, and, based on the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made. FINDINGS OF FACT 1. Respondent, Mr. Anthony Wayne Dexter, doing business as Dexter Construction, is, and during all time material hereto was a contractor licensed by and doing business in the State of Arizona, holding Class B License number 077268. 2. Complainant, Maravilla Rentals, contracted with Respondent in January, 2006, for Respondent to perform construction at a rental property owned by Complainant in Sierra Vista, Arizona. The construction contract included the installation of a water meter and sewer pipes, which are the subjects of this Complaint. 3. Complainant alleged in his written Complaint to the Registrar of Contractor, filed May 1st, 2007, that the water meter installed by Respondent “does not meet code,” and that the “sewer needs bigger pipe.” 4. The Complaint was assigned to Registrar of Contractors Inspector Mike Nieves for a job-site inspection in the normal course of his duties. Inspector Nieves issue a written Corrective Work Order dated May 25th, 2007. The CWO directed Respondent to correct electrical outlets, which appeared to have been done properly by the time of the hearing. There are other matters mentioned in the CWO which the Inspector concluded to be beyond the Registrar’s jurisdiction, and which conclusion was not contested by the Complainant at the hearing. As to the water meter and pipes, the Inspector found that the items had been installed in conformity to the plans for the project, and that the plans had been approved by the local building authority, Santa Cruz County. According to Inspector Nieves, the Registrar of Contractors defers to the conclusion of the local building authority as to whether a licensed contractor’s work meets their code. Hence, the Inspector required no corrective work to be performed on these items. 5. Complainant requested an administrative hearing, and there, through the appearance of the Complainant’s Vice President, Mr. Oscar Villasenor, disagreed with the conclusion that no corrective work is needed to the meter and pipes. Mr. Villasenor conceded that the plans had been approved by Santa Cruz County, and that the Respondent had installed the meter and pipes in conformity to those approved plans. 6. However, Mr. Villasenor testified that someone at Rio Rico Utilities had told him that the pipes and meter were insufficient for this particular building. He testified that he had not been told that the fixtures in question were not per code, and further testified that he had experienced no problems with the fixtures as yet. He testified that he is worried of some future failure. 7. Respondent Mr. Dexter also testified that the plans had been approved by Santa Cruz County, and that Santa Cruz County had inspected and approved the work he performed pursuant to the plans. He further testified that it was actually Rio Rico Utilities who installed the meter itself. CONCLUSIONS OF LAW 1. This administrative hearing was held under authority of and pursuant to A.R.S. 32-1156, and A.R.S. 41-1092. 2. Respondent is charged in the instant Citation and Complaint with possible violations of A.R.S. 32-1154.A. 1, 2, 7, 23 and 3. 3. The greater weight of evidence proved that Respondent did not violate A.R.S. 32-1154.A, 1, 2, 7, 23 or 3 in the facts of this case. RECOMMENDED ORDER In view of the foregoing Findings of Fact, Conclusions of Law it is hereby recommended that Citation and Complaint S07-0204, together with the Complaint on which it is based, be dismissed on the effective date of this Order (40 days after the date of service appearing on the Registrar’s certification on the Order). In the event of certification of the 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, January 12th, 2009.

______________________________________ Grant Winston Administrative Law Judge

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

Registrar of Contractors Armando Contreras 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________

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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, AZ 85701 520-628-5488 Fax: 520-628-5575 www.azoah.com