ALJDEC decisions subject to certification as final

08F-RF0624-ROC · Registrar of Contractors · 2008-08-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 11, 2008, at 1:30 p.m. APPEARANCES: The Plaintiffs appeared through Betty Tannery. The Defendant appeared through its authorized representative, Chuck Erbe. 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 Plaintiffs are found to be an “injured person” as defined by statute and are 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. 2. The Defendant’s Contracting License has been previously revoked by Order of the Registrar of Contractors. Such revocation is determined to render this Defendant unable to remedy the violations of the State’s contracting laws which gave rise to the instant claim for damages. 3. The Defendant testified that he had obtained several Proposals for the correction of the Plaintiffs’ concrete pool decking that were lower than the Proposal submitted by the Plaintiffs. 4. The assigned Agency Inspector testified that he recommended that payment from the Recovery Fund be made in the total sum of $7,344.16. 5. Based upon credible evidence produced at hearing, it is found that a proper and reasonable amount payable to the Plaintiffs from the Contractors’ Recovery Fund, for the Plaintiffs’ actual damages, is the total sum of $7,344.16 representing the total of the Proposal from AZ Sun Decking for the correction of the Plaintiffs’ deck coating in the sum of $1,647.60 and the Proposal from The Southwester Pool Co. (R & R Concrete Pool Decking)in the sum of $5,696.56 for the correction of the correction of the concrete decking. 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 $7,344.16 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). RECOMMENDed order 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 $7,344.16 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, August 15, 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