ALJDEC decisions subject to certification as final

07F-Y0224-ROC · Registrar of Contractors · 2008-02-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 4, 2008, at 9:00 a.m. APPEARANCES: The Complainant appeared on her own behalf. 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 The Respondent’s Class KA-05 License was revoked on March 13, 2007. 2. This is a residential matter where the Respondent entered into an Agreement with the Complainant to construct a swimming pool in the Complainant’s backyard. 3. There was no dispute that the Complainant paid the Respondent the sum of $17,600.00 and the Respondent started the construction of the new swimming pool. 4. There was no dispute that the Respondent was supposed to receive the remaining $2,000.00 required under the Contract when the swimming pool was actually completed. 5. The Respondent then abandoned the construction project leaving the Complainant with an unfinished swimming pool. 6. The Complainant repeatedly asked the Respondent to return to her residence and complete the construction of the swimming pool. The Complainant was dissatisfied with the Respondent’s failure to return to her residence and complete the construction of the swimming pool despite repeated requests that it do so. 7. When the Respondent failed to comply with the Complainant’s repeated requests, the Complainant filed a formal Complaint, against the Respondent, with the Registrar of Contractors. 8. Credible testimony and evidence, presented at hearing, established the Complainant received no value for the $17,600.00 that the Complainant paid the Respondent. 9. The Respondent’s actions, in failing to complete the construction of the Complainant’s swimming pool despite having been paid for said construction, is found to constitute a wrongful act. 10. 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 (1) (Abandonment of a contract) and (A) (7) (Wrongful Act).

RECOMMENDED ORDER In view of the foregoing, it is recommended the Respondent’s Class KA- 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, February 4, 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