ALJDEC decisions subject to certification as final

08F-2331W-ROC · Registrar of Contractors · 2009-02-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 2, 2009. APPEARANCES: Laurie Adams appeared personally. Floorworks, Inc, doing business as Creative Touch Interiors, was represented by its attorney, Michael Wright, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order:

FINDINGS OF FACT 1. Floorworks, Inc., doing business as Creative Touch Interiors (“Respondent”), is the holder of License No. 180253, a Class K-08 contracting license, and License No. 180252, a Class K-48 contracting license, issued by the Registrar of Contractors (“Registrar”). 2. Cornerstone Homes served as the general contractor for the construction of a residence for Laurie Adams (“Complainant”). 3. Cornerstone Homes hired Respondent to perform floor-covering work on Complainant’s project. 4. Complainant did not have privity of contract with Respondent. 5. Complainant filed a written Complaint with the Registrar alleging statutory and regulatory violations by Respondent. The Complaint was filed against Respondent’s two contracting license numbers. The Registrar designated the Complaint as Case Nos. 08-2331 and 08-2331W. 6. In response to the filed Complaint, the Registrar’s assigned inspector issued a Corrective Work Order directing Respondent to timely perform remedial repairs to its workmanship. 7. The Registrar issued a Citation and Complaint in Case Nos. 08-2331 and 08-2331W alleging possible violations by Respondent of A.R.S. § 32- 1154(A) (1), (2), (7), (23) and (3), namely A.A.C. R4-9-108, and (13), specifically A.R.S. § 32-1124(B). 8. The Registrar forwarded Case Nos. 08-2331 and 08-2331W to the Office of Administrative Hearings, an independent agency, for a consolidated evidentiary hearing. 9. There is no credible evidence that Respondent abandoned its scope of work on Complainant’s project. Complainant admitted such at the hearing. On the contrary, there is credible evidence that Respondent completed its scope of work. 10. Respondent is found to have complied with plans, specifications and applicable building codes for its scope of work. Therefore, Complainant’s contention that she did not give Respondent any consent during the project is moot. 11. Ben Cruz, an inspector for the Registrar, credibly testified that Respondent complied with the Corrective Work Order. Inspector Cruz conducted a prehearing jobsite inspection to confirm that the work had been properly completed. 12. Respondent is found to have replaced Complainant’s carpet padding with a similar quality product. 13. Respondent completed its scope of work to minimum workmanship standards. Respondent complied with the Registrar’s tolerance for lippage. 14. Respondent did not properly list its contracting license numbers on several documents admitted into evidence by each of the parties, as cited by the Registrar. 15. Complainant failed to establish that Respondent committed any wrongful or fraudulent act that substantially injured her. 16. A review of the Registrar’s official records reveals that Respondent’s License No. 180253 was suspended by operation of law on November 1, 2008 for nonrenewal. That license has four resolved/settled/withdrawn complaints on its record. Respondent’s License No. 180252 was suspended by operation of law on November 1, 2008 for nonrenewal. That license has three resolved/settled/withdrawn complaints on its record.

CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent’s two contracting licenses and the subject matter in this case. 2. Pursuant to A.R.S. § 32-1154(C), the suspensions of Respondent’s two contracting licenses by operation of law do not deprive the Registrar of jurisdiction in these consolidated disciplinary actions. 3. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in these consolidated matters. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 4. Respondent did not violate the provisions of A.R.S. § 32-1154(A) (1), as cited in the Citation and Complaint issued by the Registrar. The evidence of record does not support a factual basis for that allegation. 5. Respondent did not violate the provisions of A.R.S. § 32-1154(A) (2), as cited in the Citation and Complaint issued by the Registrar. The evidence of record does not support a factual basis for that allegation. 6. Respondent did not violate the provisions of A.R.S. § 32-1154(A) (3), namely A.A.C. R4-9-108, as cited in the Citation and Complaint issued by the Registrar. The evidence of record does not support a factual basis for that allegation. 7. Respondent did not violate the provisions of A.R.S. § 32-1154(A) (7), as cited in the Citation and Complaint issued by the Registrar. The evidence of record does not support a factual basis for that allegation. 8. Respondent violated the provisions of A.R.S. § 32-1154(A) (13), specifically A.R.S. § 32-1124(B), as cited in the Citation and Complaint issued by the Registrar. Both parties submitted documents into evidence that lack Respondent’s two contracting license numbers. 9. Respondent did not violate the provisions of A.R.S. § 32-1154(A) (23), as cited in the Citation and Complaint issued by the Registrar. The evidence of record does not support a factual basis for that allegation.

RECOMMENDED ORDER Respondent’s License No. 180253 shall be placed on disciplinary probation for ten days commencing on the effective date of the Order entered in Case No. 08-2331. Respondent’s License No. 180252 shall be placed on disciplinary probation for ten days commencing on the effective date of the Order entered in Case No. 08-2331W. In the event of certification of the 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 that certification.

Done this day, February 23, 2009

______________________________________ Brian Brendan Tully Administrative Law Judge

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

William A. Mundell , Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826