ALJDEC decisions subject to certification as final

08F-L0123-ROC · Registrar of Contractors · 2008-12-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 18, 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. Respondent is the holder of a Class B-03 License issued by the Registrar of Contractors. 2. This is a residential matter where the parties entered into a Construction Agreement for the Respondent to construct a new residence for the Complainant for a total cost not to exceed $250,000.00. 3. There was no dispute that the Complainant paid the Respondent a total of $147,000.00. 4. Undisputed credible testimony and evidence, presented at hearing, established the Complainant received little, if any, value for the money that she paid the Respondent. 5. When the Respondent abandoned the construction project and failed to return despite the Complainant’s repeated demands that the Respondent return and complete the agreed upon construction project, the Complainant retained an alternative contractor to complete the residence and filed a formal Complaint, against the Respondent, with the Registrar of Contractors. 6. No Corrective Work Order was issued because the Respondent had performed so little work and because the alternative contractor was in the process of constructing the residence. 7. There was no dispute that the Respondent abandoned the construction project and departed the area with the Complainant’s money. 8. There was no dispute that the Respondent aided and abetted an unlicensed person to evade the provisions of the State’s Contracting Laws. 9. There was no dispute that the Respondent knowingly contracted beyond the scope of its License. 10. The Respondent’s actions, in abandoning a construction project and leaving the Complainant with an unfinished residence, knowingly contracting beyond the scope of the Respondent’s License and aiding and abetting an unlicensed person to evade the provisions of the State’s Contracting Laws, 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) (1) (Abandonment), (7) (Wrongful Act), (Aiding or abetting an unlicensed person to evade the provisions of this chapter) (17) (Knowingly contracting beyond the scope of its license) and (20) (Subsequent discovery of facts which if known at the time of issuance of a license or the renewal of a license would have been grounds to deny the issuance of a license). RECOMMENDed Order In view of the foregoing, it is recommended the Respondent’s Class B- 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, December 18, 2008.

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2008, to:

Registrar of Contractors Armando Contreras 3838 N. Central Ave. Phoenix, AZ 85012

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

Office of Administrative Hearings 100 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 Fax: (520) 628-5575 www.azoah.com