ALJDEC decisions subject to certification as final

08F-A0233-ROC · Registrar of Contractors · 2009-12-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 2, 2009 at 8:15 a.m. APPEARANCES: The Complainants appeared Peter Mechanick. The Respondent appeared through its authorized representative, Larry Thornton. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and 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 C-39 License issued by the Registrar of Contractors. 2. This is a residential matter where the Complainants entered into a contract with an entity known as One Hour Air Conditioning and Heating. 3. Credible testimony and evidence established that the Respondent purchased the business known as One Hour Air Conditioning and Heating and assumed its liabilities including warranties. 4. The complainants were dissatisfied with their new furnace and air conditioning unit. 5. There was no dispute that the Respondent replaced the Complainants’ furnace with an 80,000 Btu unit as requested by the Complainants. 6. Credible testimony and evidence established that the Respondent has obtained and provided the Complainants with the warranties required in the Complainants’ purchase contract. 7. There was no dispute that the SEER rating of the Complainants’ current air conditioning system is 13.5 SEER. 8. Credible testimony and evidence established that the Complainants’ written purchase agreement states that the Complainants’ air conditioning system will have a 14 SEER rating. 9. There was no dispute that the Respondent gave the Complainants a check for $250.00 and that the Complainants cashed the check. However, the credible evidence of record is insufficient and fails to support a finding that the Complainants cashed the check as part of a settlement agreement with the Respondent. 10. The credible evidence of record is insufficient and fails to support a finding that the parties entered into a settlement agreement in this matter. 11. The Respondent shall correct the Complainants’ air conditioning system to bring it within the 14 SEER rating set forth in the Complainants’ written purchase agreement. 12. The credible evidence of record is insufficient and fails to support a finding that the Respondent committed a wrongful or fraudulent act. 13. The credible evidence of record is insufficient and fails to support a finding that the Respondent acted in a name other than as set forth upon its License. 14. Notice is taken of the Respondent’s excellent 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)(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 commencing on the effective date of the Registrar’s Order that the Respondent’s Class C-39 License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly corrected the Complainants’ air conditioning system to within the 14 SEER rating set forth in the Complainants’ purchase agreement. It is further recommended that if the Respondent properly accomplishes the above described corrective action, on or before the effective date of this Order, then the above provided License suspension shall not take place and that this matter be closed. 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, December 2, 2009.

/s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

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