ALJDEC decisions subject to certification as final

08F-S0224-ROC · Registrar of Contractors · 2009-06-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 19, 2009 at 9:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

The following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. Respondent is the holder of a Class C-48 license issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent installed a tile floor in the Complainant’s new residence. 3. The Complainant was extremely dissatisfied with the Respondent’s workmanship and with the Respondent’s failure to correct his work despite repeated demands that he do so. 4. When the Respondent failed to comply with the Complainant’s repeated demands, the Complainant filed formal Complaint against the Respondent with the Registrar of Contractors. 5. Pursuant to the filing of the formal Complaint, an assigned Agency Inspector conducted a review of the Complaint and on June 2, 2008 issued a letter stating that the Respondent’s license had been revoked on May 2, 2008 and informing the Complainant that he could request an administrative hearing. 6. The Complainant then filed a request for an administrative hearing. 7. Undisputed credible testimony and evidence established that the tile floor in the Complainant’s residence fails to comply with applicable industry and workmanship standards and that it requires proper removal and replacement. 8. There was no dispute that the general contractor for Complainant’s residence had previously filed a Complaint against the Respondent with the Registrar of Contractors for the Respondent’s work on the Complainant’s tile floor; 9. Credible testimony and evidence established that the Respondent’s license was revoked as a result of the general contractor’s Complaint. 10. There was no dispute that the general contractor then sued the Respondent in civil court and obtained a monetary judgment against the Respondent. 11. Credible testimony and evidence established that the Respondent and the general contractor then reached a monetary settlement for the civil judgment. 12. The fact that the Respondent has entered into a monetary settlement with the general contractor for the civil judgment does not resolve the homeowner’s complaint against the Respondent. 13. 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)(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 that the Respondent’s Class C-48 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, May 29, 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