ALJDEC decisions subject to certification as final

07F-T0185-ROC · Registrar of Contractors · 2007-03-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 27th, 2007; 1:30 p.m. APPEARANCES: Complainant, Ms. Delia Ramirez, appeared and represented herself. Respondent, National Roofing Systems, Inc., failed to appear. 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, National Roofing Systems, Inc. (FM) is, and during all time material hereto was, a contractor licensed by and doing business in the State of Arizona, holding Class C-42 License number 179245. 2. Complainant, Ms. Delia Ramirez, is a homeowner residing in Tucson, Arizona, and this Complaint is to do with a contract between her and Respondent for work performed on her residential roof by Respondent. 3. The parties contracted in April, 2005, for Respondent to correct leaking areas on Complainant’s roof for the approximate price of $5,000.00. Respondent did perform the contracted work in April, 2005. 4. Following Respondent’s work the affected roof areas continued to admit water into the house. Complainant filed the instant Complainant with the Arizona Registrar of Contractors on August 3rd, 2006. 5. Complainant was compelled to make emergency repairs to the roof during the monsoon season to avoid further water damage to the house’s interior. She presented credible testimony and documentary evidence to prove that she expended $240.00 to Mr. Hector Loya for this purpose. 6. The Complaint was assigned to Registrar of Contractors Inspector James R. Morris, who conducted a job site inspection, and testified at the administrative hearing. The Inspector also issued a written Corrective Work Order to Respondent dated September 1st 2006, in which he directed Respondent to correct the water damaged drywall, and noted the Complainant’s out-of-pocket expenses of $240.00 for emergency repairs when Respondent failed to respond. The CWO allowed 15 calendar days to make the corrections, which was a reasonable amount of time. 7. Respondent failed to make the corrections to the drywall or restitution to Complainant, so Complainant requested this administrative hearing which was duly scheduled, noticed and held.

8. Complainant and the assigned agency Inspector appeared and testified at the hearing. Respondent failed to appear. Complainant offered a number of documents into the record, which were admitted. 9. The greater weight of evidence proved that Respondent’s repair work was defective, and Respondent failed to correct it. The defective workmanship and failure to correct was the proximate cause of water damage to Complainant’s house. The evidence further proved that Complainant was compelled to hire another individual to correct the leaking because Respondent failed or refused to do so. 10. Notice is taken of Respondent’s prior license record with the Arizona Registrar of Contractors. The subject license is currently suspended, not for disciplinary action related to workmanship, but for non-renewal.

CONCLUSIONS OF LAW 1. This administrative hearing was held under authority 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.7, 23, and 3 (namely, A.A.C. R4-9-108 Workmanship Defects). 3. Respondent violated A.R.S. 32-1154.A.3 by the poor workmanship on Complainant’s roof. 4. Respondent violated A.R.S 32-1154.A.23 by failing to correct the drywall damage caused by the leaking roof, as directed by the Inspector’s Corrective Work Order. 5. There is no violation of A.R.S. 32-1154.A.7 independent of the violations already concluded to have occurred. 6. A.R.S. 32-1156.01 authorizes an Administrative Law Judge, after a hearing, to recommend restitution be paid from a licensed contractor to a Complainant who is injured or whose property is damaged by that contractor. Restitution in the amount of $240.00 is appropriate in this case.

RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that Respondent’s Class C-42 License number 179245 be suspended until the Registrar receives written proof that Respondent, in accordance with the Corrective Work Order, has caused a properly licensed contractor to correct all water-damaged drywall in Complainant’s house, and made restitution to her in the amount of $240.00. It is further recommended that if the Respondent properly accomplishes the above-described corrective action and made the restitution, on or before the effective date of this Order (40 days after the date of service shown by the Registrar’s certification on the Order), then the above-provided license suspension shall not occur, and Citation and Complaint T07-0185 shall be closed. 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, March 8th, 2007.

______________________________________ Grant Winston 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 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488