ALJDEC decisions subject to certification as final

08F-T0231-ROC · Registrar of Contractors · 2008-08-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 25, 2008, at 1:30 p.m. APPEARANCES: The Complainant appeared through its authorized representative, Shawna Krausch. The Respondent failed to appear. 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. The Respondent’s Class B- License was suspended by the Registrar of Contractors on May 29, 2008, for lack of bond. 2. Undisputed credible testimony established the Complainant furnished labor and materials as a licensed subcontractor for a residence wherein Respondent was acting in the capacity of a general contractor. 3. There was no dispute that although the Complainant completed all of its specified work that the Respondent had failed to pay the Complainant the agreed upon sum of $3,070.00 which due for its work and materials. 4. There was no dispute that while the Respondent has now paid the Complainant a partial payment for the Complainant for its labor and material. There was no dispute that the balance of $289.27 remains due and owing despite the Complainant’s repeated attempts to collect in full for its labor and material. 5. The Respondent ‘s failure to pay the aforementioned sum of $3,070.00 in full to the Complainant is not found to be in good faith; accordingly, under all of the facts and circumstances presented herein the Respondent’s conduct is found to constitute a violation of the applicable charged provision of the State’s Contracting Laws. 6. Notice is taken of the Respondent’s license record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. The Respondent violated the provisions of A.R.S. §32-1154A (11) (Failures to pay monies when due). RECOMMENDED ORDER In view of the foregoing, it is recommended the Respondent’s Class B- 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 25, 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