ALJDEC decisions subject to certification as final

08F-T0263-ROC-RES · Registrar of Contractors · 2009-06-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 24, 2009 at 1:30 p.m. APPEARANCES: The Complainants appeared through Marlo McCartney. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

The following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. This Respondent constructed a new residence for the Complainants. 2. The Complainants were dissatisfied with the Respondent’s workmanship and with the Respondent’s failure to correct its work despite their repeated requests that it do so. 3. When the Respondent failed to comply with their repeated requests, the Complainants filed a formal Complaint, against the Respondent, with the Registrar of Contractors. 4. 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. 5. There was no dispute that the Respondent failed to comply with the terms and conditions of the Corrective Work Order. 6. The Complainants filed an addendum to the Complaint subsequent to the issuance of the Corrective Work Order. 7. Credible testimony and evidence established that the additional complaint items set forth in the addendum fail to comply with applicable industry and workmanship standards. 8. The Respondent’s actions, in failing to perform its work in a professional and workmanlike manner and in failing to comply with the terms and conditions of a Corrective Work Order leaving the Complainants with a leaking roof and ongoing water damage, are found to constitute a wrongful act. 9. 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)(7) (Wrongful Act); (A)(23) (Failure to take appropriate corrective action) and (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 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, June 24, 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