ALJDEC decisions subject to certification as final

07F-T1323-ROC · Registrar of Contractors · 2008-08-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 26, 2008 at 1:30 p.m. APPEARANCES: The Complainant appeared through its authorized representative, Mike Foster. 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 Recommended Order are made: FINDINGS OF FACT 1. The Respondent is the holder of a Class KB-02 License issued by the Registrar of Contractors. The Respondent’s Class KB-02 License was suspended by the Registrar of Contractors on March 10, 2007. 2. There was no dispute that the Complainant performed specified plumbing work on a custom residence wherein the Respondent was acting in the capacity of a general contractor. 3. Undisputed credible testimony and evidence established the Complainant completed all of the specified plumbing work, including authorized extras and/or change orders, in a professional and workmanlike manner, the Complainant has repeatedly billed the Respondent for the completed plumbing work, and despite these repeated billings the balance remains due and owing. 4. Undisputed credible testimony and evidence, presented at hearing, established the sum of $7,099.06 is the proper balance due and owing to the Complainant from the Respondent. 5. The credible testimony and evidence of record supports a finding that the Respondent‘s failure to pay the aforementioned sum of $7,099.06 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 provisions of the State’s Contracting Laws. 6. The Respondent’s actions, in failing to pay monies when due and in repeatedly promising to pay the Complainant for its work and materials and in repeatedly failing to comply with its repeated promises, are found to constitute a wrongful act. CONCLUSIONS OF LAW 1. The Respondent violated the provisions of A.R.S. §32-1154A (7) (Wrongful Act) and (11) (Failure to pay monies when due). RECOMMENDED ORDER

In view of the foregoing, it is recommended the Respondent’s Class KB- 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, August 26, 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 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 Fax: (520) 628-5575 www.azoah.com