ALJDEC decisions subject to certification as final

08F-RF0825-ROC · Registrar of Contractors · 2009-02-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 17, 2009 APPEARANCES: Plaintiffs were represented by their attorney, Phil Escolar and Defendant failed to appear. The Residential Contractors’ Recovery Fund (“Fund”) was not represented at the hearing. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________ Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Defendant’s contracting license has been previously suspended by final Order of the Registrar of Contractors. Such suspension is determined to render this Defendant unable or unwilling to remedy the violation of the State’s Contracting laws which gave rise to the instant claim for damages.

2. The Registrar of Contractors has received advance notification of the existence and amount of the above named Plaintiffs’ claim for an administrative payout from the Fund.

3. This hearing was convened following Defendant’s express request therefor, subsequent to its receipt of a Notice to Contractor of Claim for Administrative Payout.

4. Plaintiffs seek to recover the sum of $12,939.69 from the Fund.

5. Evidence of record showed that Plaintiffs’ obtained three (3) bids to correct the deficiencies in the work performed by Defendant on their home. The three bids ranged in price from a low bid of $12,939.69 to a high bid of $15,288.00.

6. The above-described bids were shown to be in accord with only the work that was contemplated to be corrected in the underlying Decision and Order of the Registrar of Contractors, in case no. 07-1785.

7. By its failure to appear for the scheduled hearing, Defendant failed to present any evidence in opposition to Plaintiffs’ bids.

8. Based on the foregoing, it is adjudicated and determined that Plaintiffs are entitled to an award from the Fund in the amount of $12,939.69.

CONCLUSIONS OF LAW

1. Plaintiffs are determined to be injured persons as that term is defined in A.R.S. § 32-1131(3).

2. Under the facts and circumstances of this case, the Registrar of Contractors is empowered to determine and award proper payment to Plaintiffs from the Fund pursuant to A.R.S. § 32-1154(F).

3. The within record supports an award to Plaintiffs in the amount of $12,939.69, all of which shall be appropriately chargeable against Defendant and/or persons on the license as set forth in A.R.S. § 32- 1139(B).

RECOMMENDED ORDER

In view of the foregoing, it is recommended on the effective date of this Order the Registrar of Contractors shall commence and finalize payment procedures from the Residential Contractors’ Recovery Fund to Plaintiffs in the amount of $12,939.69. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order in this matter will be forty (40) days from the date of that certification.

Done this day, February 19, 2009.

______________________________________ Mark A. Silver 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 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826