ALJDEC decisions subject to certification as final

08F-S0195-ROC · Registrar of Contractors · 2009-08-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 3, 2009 at 1:30 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Walter Peck. ADMINISTRATIVE LAW JUDGE: M. Douglas

The following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. This is a residential matter where the parties entered into a written construction agreement wherein the Respondent agreed to construct a new residence for the Complainant for the total sum of $100,000.00. 2. There was no dispute that the Complainant paid the Respondent a total of $58,000.00 and that the Respondent failed to perform any construction work. 3. Finally the Complainant demanded that the Respondent either start and complete the construction project or return his money to him. 4. When the Respondent failed to comply with the Complainant’s demand, the Complainant then filed a formal Complaint, against the Respondent, with the Registrar of Contractors. 5. There was no dispute that Respondent abandoned the construction project. 6. Undisputed credible testimony established that the Respondent wrongfully and fraudulently mislead the Complainant into paying the Respondent $58,000.00 for permits that were never obtained and for construction work that was never started. 7. 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) and (A)(7) (Wrongful Act). RECOMMENDed order In view of the foregoing, it is recommended that the Respondent’s Class KB-01 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, August 3, 2009.

______________________________________ M. Douglas Administrative Law Judge

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

William A. Mundell, Director Registrar of Contractors c/o Legal Department 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