ALJDEC decisions subject to certification as final

08F-RF0424-ROC · Registrar of Contractors · 2008-12-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 8, 2008 at 1:30 p.m. APPEARANCES: The Plaintiffs appeared through Marcus Stokes. The Defendant appeared through its authorized representative, Peter J. Dahoney. 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. The Defendant’s contracting License has been previously suspended by Order of the Registrar of Contractors in Case Number S06-0142 until the Respondent complies with the Order issued in said case. The Defendant’s License was placed on an additional suspension on December 19, 2007 for lack of bond. 2. There was no dispute that the Defendant has failed to perform the corrective action on the Plaintiffs’ residence required in order to comply with the Order issued in Case Number S06-0142. 3. The Plaintiffs are found to be an “injured person” as defined by statute and is found to be entitled to receive payment from the Contractors’ Recovery Fund for damages sustained as a result of the Defendant’s acts or omissions. 4. Based upon credible evidence produced at hearing, it is found that a proper and reasonable amount payable to the Plaintiff from the Contractors’ Recovery Fund, for the Plaintiff’s actual damages, is the sum of $13, 895.90 representing the lowest bid from a licensed contractor for the performance of required corrective action on the Plaintiffs’ residence.

CONCLUSIONS OF LAW 1. A.R.S. 32-1132(A) provides, in pertinent part, as follows: “The residential contractors’ recovery fund is established, to be administered by the registrar, from which any person injured by an act, representation, transaction or conduct of a residential contractor licensed pursuant to this chapter that is in violation of this chapter or the rules adopted pursuant to this chapter may be awarded in the county where the violation occurred an amount of not more than thirty thousand dollars for damages sustained by the act, representation, transaction or conduct. An award from the fund is limited to the actual damages suffered by the claimant as a direct result of the contractor’s violation but shall not exceed an amount necessary to complete or repair a residential structure or appurtenance within residential property lines.” 2. Under the facts and circumstances of this matter, the Registrar of Contractors is empowered to determine and award proper payment to the Plaintiffs from the Contractors’ Recovery Fund pursuant to A.R.S. 32- 1154(E). 3. The credible evidence of record supports an award from the Contractors’ Recovery Fund to the Plaintiffs in the sum of $13,895.90 all of which shall be appropriately chargeable against the Defendant and/or persons on the Defendant’s license as set forth in A.R.S. 32-1139(B).

RECOMMENDation In view of the foregoing, it is recommended the Registrar of Contractors shall commence and finalize payment procedures from the Contractors’ Recovery Fund to the Plaintiffs in the total amount of $13,895.90 for damages. 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 12, 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