ALJDEC decisions subject to certification as final

08F-T0019-ROC · Registrar of Contractors · 2008-08-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 19, 2008, at 9:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Brad Shultz. 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. Respondent is the holder of a Class B- License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent performed construction work on the Complainant’s residence following water damage to the Complainant’s residence. 3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct its work to his satisfaction despite his demand it do so. 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. Pursuant to the filing of the formal Complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written Corrective Work Order directing the Respondent to perform designated corrective work on the Complainant’s residence. 6. The Corrective Work Order provides, in pertinent part, as follows: “1. Replaced countertop and island countertop: Jobsite inspection found countertop by left side of stove loose and side edges on island countertop cut wrong. Contractor to correct by appropriate means. 2. Hot water heater leak: Jobsite found signs of leaking from flu pipe of gas water heater. Contractor to correct by appropriate means. 3. Floor tiles in kitchen and master bath glue coming up at joints and nails popping up. Jobsite found glue at seams of tile and signs of nails popping up in kitchen and master bath floor. Contractor to correct by appropriate means. 4. Mold growing: Jobsite inspection found mold growth in laundry room. Contractor to correct by appropriate means. 6. Louvered door to washroom fell off: Jobsite found door off brackets. Contractor to repair by appropriate means. 7. Receptacle for dishwasher and disposal: Jobsite found receptacle recessed back in wall, no cover, not working. Contractor to correct by appropriate means.” 7. The assigned Agency Inspector testified that he conducted a pre-hearing inspection on August 11, 2008 and found that the only item on the Corrective Work Order that had not been properly corrected was Item No. 7 (Receptacle for dishwasher and disposal: Jobsite found receptacle recessed back in wall, no cover, not working. Contractor to correct by appropriate means). 8. Credible testimony and evidence, presented at hearing, established the Respondent has been denied reasonable access to the Complainant’s residence to complete the corrective work on Item No. 7 of the Corrective Work Order because of the ethnic background of the Respondent’s employees. 9. At the hearing the Complainant testified that he would be unwilling to allow another individual into his residence that was of a specified ethnic background. 10. The Complainant’s actions, in denying access to his residence based upon the perceived ethnic background of the Respondent’s employees, are found to constitute an unreasonable denial of access. 11. Credible testimony and evidence, presented at hearing, established the Respondent has substantially complied with the terms and conditions of the written Corrective Work Order issued in this matter. 12. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. Credible testimony and evidence, presented at hearing, established the Respondent has substantially complied with the terms and conditions of the written Corrective Work Order issued in this matter. RECOMMENDed order In view of the foregoing, it is recommended this matter be closed. 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 19, 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 ___________________________

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Office of Administrative Hearings 100 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 Fax: (520) 628-5575 www.azoah.com