ALJDEC decisions subject to certification as final

08F-P0122-ROC · Registrar of Contractors · 2009-03-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 4, 2009, at 9:00 a.m. APPEARANCES: The Complainants appeared through Larry Coffelt. The Respondent appeared through its authorized representative, George Barreras. 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 KB-02 License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent constructed an addition and performed remodeling work on the Complainants’ existing residence. 3. The Complainants were dissatisfied with the Respondent’s workmanship and failure to correct its work to their satisfaction, despite repeated requests that it do so. 4. When the Respondent failed to comply with the Complainants’ repeated requests to return to the construction project and properly complete corrective work on the their residence, the Complainants 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 several on-site inspections and issued two separate written Corrective Work Orders directing the Respondent to perform designated corrective work on the Complainants’ residence. 6. Credible testimony and evidence, presented at hearing, established the Respondent failed to comply with the terms and conditions of the two Corrective Work Orders. 7. Credible testimony established the Respondent abandoned the construction site and refused to return to the Complainants’ residence because the Complainants were dissatisfied with the Respondent’s workmanship. 8. Credible testimony and evidence, presented at hearing, established the Respondent’s construction work on the Complainants’ residence failed to comply with applicable workmanship and industry standards. 9. The Respondent’s actions in failing to perform its work in a professional and workmanlike manner and in failing to comply with the Corrective Work Orders in this matter are found to be a wrongful act. 10. 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) (Abandonment), (7) (Wrongful Act), (23) (Failure to take appropriate 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 KB-02 License shall be suspended until the Registrar of Contractors receives, and accepts, written proof that the Respondent has properly complied with the terms and conditions of the written Corrective Work Orders issued in this matter. 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, March 4, 2009.

______________________________________ M. Douglas Administrative Law Judge

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

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

By ___________________________

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