ALJDEC decisions subject to certification as final

07F-Y0225-ROC · Registrar of Contractors · 2008-02-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 4, 2008, at 1:30 p.m. APPEARANCES: The Complainant appeared through Marco Veloz. 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 The Respondent’s Class KA-05 License was revoked by the Registrar of Contractors on March 13, 2007. 2. This is a residential matter where the Respondent constructed a new swimming pool and surrounding decking during the month of January 2006. 3. Shortly after the swimming pool and surrounding decking were completed severe cracking in the swimming pool and decking occurred. 4. The Complainants notified the Respondent of the problem and the Respondent repeatedly indicated that the Respondent would correct the decking. 5. Finally after approximately twelve (12) months the Complainants filed a formal filed a formal Complaint, against the Respondent, with the Registrar of Contractors. 6. Undisputed credible testimony presented at hearing established the cracking in the Complainants swimming pool was severe and required extensive correction. 7. Undisputed credible testimony established the proper correction of the Complainants’ swimming pool would cost over $6,500.00. 8. The Respondent’s actions, in failing to perform construction work in a professional and workmanlike manner and in failing to correct the Complainants’ swimming pool and surrounding decking despite repeated Agreements that it would do so, are found to constitute a wrongful act. 9. 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) 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 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