ALJDEC decisions subject to certification as final

08F-H0021-ROC · Registrar of Contractors · 2008-07-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 22, 2008, at 1:30 p.m. APPEARANCES: The Complainant appeared through his attorney, Jeffrey A. Goldberg. The Respondent appeared on his own behalf. 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. Respondent is the holder of a Class B-05 License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent performed extensive remodeling work on the Complainant’s existing swimming pool. 3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to properly complete and correct his construction work despite the Complainant’s demand that he do so. 4. When the Respondent failed to comply with the Complainant’s demand, the Complainant filed a formal Complaint, against the Respondent, with the Registrar of Contractors. 5. Pursuant to the filing of the formal Complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written Corrective Work Order directing the Respondent to perform designated corrective work on the Complainant’s residence. 6. The Corrective Work Order provides, in pertinent part, as follows: “1. The contractor, Mohave County Pools and Spas, is to pull all necessary permits, have all required inspections and make any and all corrections that are required. 2. Determine the cause of the pumps loosing prime and repair by appropriate methods. 3. Determine the best and proper way to keep debris out of the system and install in a workmanlike manner. 4. Determine the proper way to prevent the flagstone that has damage from the flaking.” 7. Credible testimony and evidence, presented at hearing, established the Respondent has failed to comply with the terms and conditions of the Corrective Work Order. 8. Credible testimony and evidence, presented at hearing, established the Respondent performed its construction work without obtaining a required building permit, no final inspection of the Respondent’s construction work has been requested and no final approval has been given by the local building authority. 9. Credible testimony and evidence established the Respondent has failed to comply with a directive from the local building authority. 10. The Respondent’s actions, in failing to perform his work in a professional and workmanlike manner, in failing to comply with a directive of the local building authority, and in failing to comply with the terms and conditions of a Corrective Work Order, are found to constitute a wrongful act. 11. 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) (Departure form or disregard of any building codes), (7) (Wrongful Act), (23) (Failure to take corrective action) 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, commencing on the effective date of the Registrar’s Order, the Respondent’s Class B-05 License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly complied with the terms and conditions of the written Corrective Work Order issued by the Registrar of Contractors in this matter and the Respondent has complied with all directives issued by the local building authority. 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 this matter be closed. It is further recommended, in addition to the above-provided penalties, if any, that Respondent pay the sum of $500.00 to the Registrar of Contractors by way of a civil penalty pursuant to A.R.S. §32- 1154D. The failure by Respondent to pay the entire amount of the aforesaid civil penalty, on or before 30 days following the effective date of the Order entered in this matter, shall result in the automatic revocation of Respondent’s Contractor’s License, effective on such deadline date. No future License shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. §32-1101A (5), unless payment of any outstanding prior civil penalty is tendered. 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, July 25, 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