ALJDEC decisions subject to certification as final

08F-T1207-ROC · Registrar of Contractors · 2009-04-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 6, 2009, at 9:00 a.m. APPEARANCES: The Complainant appeared on her own behalf. 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 KB-01 License and a Class K-42 License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent performed remodeling work on the Complainant’s residence. 3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct its work to within applicable industry and workmanship standards despite repeated requests that it do so. 4. When the Respondent failed to comply with the Complainant’s repeated requests, the Complainant 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 cause the proper performance of designated corrective work on the Complainant’s residence. 6. There was no dispute that the Respondent failed to comply with the terms and conditions of the Corrective Work Order. 7. 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 written Corrective Work Order are found to constitute a wrongful act. 8. 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), (23) (Failure to take appropriate corrective action) and (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 KB-01 License and the Respondent’s Class K-42 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, April 6, 2009. ______________________________________ M. Douglas Administrative Law Judge

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

Registrar of Contractors William A. Mundell c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012, Director

By ___________________________ -----------------------

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